# Official Journal C 445/29 O

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 445 |
| | |
| English edition | Information and Notices | Volume 6429 October 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 445

English edition

Information and Notices

Volume 6429 October 2021

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| Contents | page |
| --- | --- |
| | |
| | EUROPEAN PARLIAMENT
  2020-2021 SESSIONSittings of 14 to 18 December 2020TEXTS ADOPTED | 1 |

Contents

page

EUROPEAN PARLIAMENT
  2020-2021 SESSIONSittings of 14 to 18 December 2020TEXTS ADOPTED

EUROPEAN PARLIAMENT

1

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| | I   Resolutions, recommendations and opinions |
| --- | --- |
| | RESOLUTIONS |
| | European Parliament |
| | Wednesday 16 December 2020 |
| 2021/C 445/01 | European Parliament resolution of 16 December 2020 on a new strategy for European SMEs (2020/2131(INI)) | 2 |
| | Thursday 17 December 2020 |
| 2021/C 445/02 | European Parliament resolution of 17 December 2020 on the Multiannual Financial Framework 2021-2027, the Interinstitutional Agreement, the EU Recovery Instrument and the Rule of Law Regulation (2020/2923(RSP) | 15 |
| 2021/C 445/03 | European Parliament resolution of 17 December 2020 on the implementation of the Dublin III Regulation (2019/2206(INI)) | 18 |
| 2021/C 445/04 | European Parliament resolution of 17 December 2020 on the implementation of the Return Directive (2019/2208(INI)) | 28 |
| 2021/C 445/05 | European Parliament resolution of 17 December 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87751 × MON 87701 × MON 87708 × MON 89788, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069145/02 — 2020/2891(RSP)) | 36 |
| 2021/C 445/06 | European Parliament resolution of 17 December 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × MON 87411 and genetically modified maize combining two or three of the single events MON 87427, MON 89034, MIR162 and MON 87411 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069146/02 — 2020/2892(RSP)) | 43 |
| 2021/C 445/07 | European Parliament resolution of 17 December 2020 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize MIR604 (SYN-IR6Ø4-5) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069147/02 — 2020/2893(RSP)) | 49 |
| 2021/C 445/08 | European Parliament resolution of 17 December 2020 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize MON 88017 (MON-88Ø17-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069148/02 — 2020/2894(RSP)) | 56 |
| 2021/C 445/09 | European Parliament resolution of 17 December 2020 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 (MON-89Ø34-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069149/02 — 2020/2895(RSP)) | 63 |
| 2021/C 445/10 | European Parliament resolution of 17 December 2020 on the European Citizens’ Initiative Minority SafePack — one million signatures for diversity in Europe (2020/2846(RSP)) | 70 |
| 2021/C 445/11 | European Parliament resolution of 17 December 2020 on a strong social Europe for Just Transitions (2020/2084(INI)) | 75 |
| 2021/C 445/12 | European Parliament resolution of 17 December 2020 on sustainable corporate governance (2020/2137(INI)) | 94 |
| 2021/C 445/13 | European Parliament resolution of 17 December 2020 on the Council Recommendation on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience (2020/2767(RSP)) | 102 |
| 2021/C 445/14 | European Parliament resolution of 17 December 2020 on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region (2020/2913(RSP)) | 114 |
| 2021/C 445/15 | European Parliament resolution of 17 December 2020 on Iran, in particular the case of 2012 Sakharov Prize Laureate Nasrin Sotoudeh (2020/2914(RSP)) | 121 |
| 2021/C 445/16 | European Parliament resolution of 17 December 2020 on the implementation of the EU water legislation (2020/2613(RSP)) | 126 |
| 2021/C 445/17 | European Parliament resolution of 17 December 2020 on the EU Security Union Strategy (2020/2791(RSP)) | 140 |
| 2021/C 445/18 | European Parliament resolution of 17 December 2020 on the need for a dedicated Council configuration on gender equality (2020/2896(RSP)) | 150 |
| 2021/C 445/19 | European Parliament resolution of 17 December 2020 on the EU strategy on adaptation to climate change (2020/2532(RSP)) | 156 |
| 2021/C 445/20 | European Parliament resolution of 17 December 2020 on the outcome of the Committee on Petitions’ deliberations during 2019 (2020/2044(INI)) | 168 |
| | Friday 18 December 2020 |
| 2021/C 445/21 | European Parliament resolution of 18 December 2020 on the deteriorating situation of human rights in Egypt, in particular the case of the activists of the Egyptian Initiative for Personal Rights (EIPR) (2020/2912(RSP)) | 176 |
| | OPINIONS |
| | European Parliament |
| | Tuesday 15 December 2020 |
| 2021/C 445/22 | European Parliament decision to raise no objections to the draft Commission regulation amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards the substance group 4-(1,1,3,3-Tetramethylbutyl)phenol, ethoxylated (covering well-defined substances and substances of unknown or variable composition, complex reaction products or biological materials, polymers and homologues) (D070073/02 — 2020/2898(RPS)) | 182 |
| 2021/C 445/23 | European Parliament decision to raise no objections to the draft Commission regulation amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Accounting Standard 39 and International Financial Reporting Standards 4, 7, 9 and 16 (D069602/01 — 2020/2851(RPS)) | 184 |

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Wednesday 16 December 2020

2021/C 445/01

European Parliament resolution of 16 December 2020 on a new strategy for European SMEs (2020/2131(INI))

2

Thursday 17 December 2020

2021/C 445/02

European Parliament resolution of 17 December 2020 on the Multiannual Financial Framework 2021-2027, the Interinstitutional Agreement, the EU Recovery Instrument and the Rule of Law Regulation (2020/2923(RSP)

15

2021/C 445/03

European Parliament resolution of 17 December 2020 on the implementation of the Dublin III Regulation (2019/2206(INI))

18

2021/C 445/04

European Parliament resolution of 17 December 2020 on the implementation of the Return Directive (2019/2208(INI))

28

2021/C 445/05

European Parliament resolution of 17 December 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87751 × MON 87701 × MON 87708 × MON 89788, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069145/02 — 2020/2891(RSP))

36

2021/C 445/06

European Parliament resolution of 17 December 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × MON 87411 and genetically modified maize combining two or three of the single events MON 87427, MON 89034, MIR162 and MON 87411 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069146/02 — 2020/2892(RSP))

43

2021/C 445/07

European Parliament resolution of 17 December 2020 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize MIR604 (SYN-IR6Ø4-5) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069147/02 — 2020/2893(RSP))

49

2021/C 445/08

European Parliament resolution of 17 December 2020 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize MON 88017 (MON-88Ø17-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069148/02 — 2020/2894(RSP))

56

2021/C 445/09

European Parliament resolution of 17 December 2020 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 (MON-89Ø34-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069149/02 — 2020/2895(RSP))

63

2021/C 445/10

European Parliament resolution of 17 December 2020 on the European Citizens’ Initiative Minority SafePack — one million signatures for diversity in Europe (2020/2846(RSP))

70

2021/C 445/11

European Parliament resolution of 17 December 2020 on a strong social Europe for Just Transitions (2020/2084(INI))

75

2021/C 445/12

European Parliament resolution of 17 December 2020 on sustainable corporate governance (2020/2137(INI))

94

2021/C 445/13

European Parliament resolution of 17 December 2020 on the Council Recommendation on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience (2020/2767(RSP))

102

2021/C 445/14

European Parliament resolution of 17 December 2020 on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region (2020/2913(RSP))

114

2021/C 445/15

European Parliament resolution of 17 December 2020 on Iran, in particular the case of 2012 Sakharov Prize Laureate Nasrin Sotoudeh (2020/2914(RSP))

121

2021/C 445/16

European Parliament resolution of 17 December 2020 on the implementation of the EU water legislation (2020/2613(RSP))

126

2021/C 445/17

European Parliament resolution of 17 December 2020 on the EU Security Union Strategy (2020/2791(RSP))

140

2021/C 445/18

European Parliament resolution of 17 December 2020 on the need for a dedicated Council configuration on gender equality (2020/2896(RSP))

150

2021/C 445/19

European Parliament resolution of 17 December 2020 on the EU strategy on adaptation to climate change (2020/2532(RSP))

156

2021/C 445/20

European Parliament resolution of 17 December 2020 on the outcome of the Committee on Petitions’ deliberations during 2019 (2020/2044(INI))

168

Friday 18 December 2020

2021/C 445/21

European Parliament resolution of 18 December 2020 on the deteriorating situation of human rights in Egypt, in particular the case of the activists of the Egyptian Initiative for Personal Rights (EIPR) (2020/2912(RSP))

176

OPINIONS

European Parliament

Tuesday 15 December 2020

2021/C 445/22

European Parliament decision to raise no objections to the draft Commission regulation amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards the substance group 4-(1,1,3,3-Tetramethylbutyl)phenol, ethoxylated (covering well-defined substances and substances of unknown or variable composition, complex reaction products or biological materials, polymers and homologues) (D070073/02 — 2020/2898(RPS))

182

2021/C 445/23

European Parliament decision to raise no objections to the draft Commission regulation amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Accounting Standard 39 and International Financial Reporting Standards 4, 7, 9 and 16 (D069602/01 — 2020/2851(RPS))

184

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| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| | Wednesday 16 December 2020 |
| 2021/C 445/24 | European Parliament decision of 16 December 2020 on the conclusion of an Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (2018/2070(ACI)) | 186 |
| | Thursday 17 December 2020 |
| 2021/C 445/25 | European Parliament decision of 17 December 2020 on amendments to the Rules of Procedure in order to ensure the functioning of Parliament in extraordinary circumstances (2020/2098(REG)) | 206 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Wednesday 16 December 2020

2021/C 445/24

European Parliament decision of 16 December 2020 on the conclusion of an Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (2018/2070(ACI))

186

Thursday 17 December 2020

2021/C 445/25

European Parliament decision of 17 December 2020 on amendments to the Rules of Procedure in order to ensure the functioning of Parliament in extraordinary circumstances (2020/2098(REG))

206

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| | III   Preparatory acts |
| --- | --- |
| | European Parliament |
| | Monday 14 December 2020 |
| 2021/C 445/26 | European Parliament legislative resolution of 14 December 2020 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on a framework for the recovery and resolution of central counterparties and amending Regulations (EU) No 1095/2010, (EU) No 648/2012, (EU) No 600/2014, (EU) No 806/2014 and (EU) 2015/2365 and Directives 2002/47/EC, 2004/25/EC, 2007/36/EC, 2014/59/EU and (EU) 2017/1132 (09644/1/2020 — C9-0376/2020 — 2016/0365(COD)) | 213 |
| | Tuesday 15 December 2020 |
| 2021/C 445/27 | European Parliament decision of 15 December 2020 on the nomination of Marek Opiola as a Member of the Court of Auditors (C9-0350/2020 — 2020/0806(NLE)) | 214 |
| 2021/C 445/28 | P9_TA(2020)0340Management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area ***IEuropean Parliament legislative resolution of 15 December 2020 on the proposal for a regulation of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area and amending Council Regulation (EC) No 520/2007 (COM(2020)0308 — C9-0203/2020 — 2020/0139(COD))P9_TC1-COD(2020)0139Position of the European Parliament adopted at first reading on 15 December 2020 with a view to the adoption of Regulation (EU) 2021/... of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area and amending Council Regulation (EC) No 520/2007 | 215 |
| 2021/C 445/29 | European Parliament legislative resolution of 15 December 2020 on the draft Council decision on the conclusion of the Agreement on civil aviation safety between the European Union and Japan (09292/2020 — C9-0205/2020 — 2019/0275(NLE)) | 216 |
| 2021/C 445/30 | European Parliament legislative resolution of 15 December 2020 on the draft Council decision on the conclusion of the Agreement in the form of an exchange of letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2020 (11260/20 — C9-0372/2020 — 2020/0274(NLE)) | 217 |
| 2021/C 445/31 | European Parliament legislative resolution of 15 December 2020 on the draft Council decision on the conclusion of the Agreement in the form of an exchange of letters between the European Union and the Government of the Cook Islands concerning an extension of the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands (11262/20 — C9-0368/2020 — 2020/0275(NLE)) | 218 |
| 2021/C 445/32 | European Parliament legislative resolution of 15 December 2020 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast) (06230/3/2020 — C9-0354/2020 — 2017/0332(COD)) | 219 |
| 2021/C 445/33 | P9_TA(2020)0345European Year of Rail (2021) ***IEuropean Parliament legislative resolution of 15 December 2020 on the proposal for a decision of the European Parliament and of the Council on a European Year of Rail (2021) (COM(2020)0078 — C9-0076/2020 — 2020/0035(COD))P9_TC1-COD(2020)0035Position of the European Parliament adopted at first reading on 15 December 2020 with a view to the adoption of Decision (EU) 2020/... of the European Parliament and of the Council on a European Year of Rail (2021) | 221 |
| 2021/C 445/34 | P9_TA(2020)0346Authorising the Commission to vote in favour of the capital increase of the European Investment Fund ***IEuropean Parliament legislative resolution of 15 December 2020 on the proposal for a decision of the European Parliament and of the Council authorising the Commission to vote in favour of the capital increase of the European Investment Fund (COM(2020)0774 — C9-0378/2020 — 2020/0343(COD))P9_TC1-COD(2020)0343Position of the European Parliament adopted at first reading on 15 December 2020 with a view to the adoption of Decision (EU) 2021/... of the European Parliament and of the Council authorising the Commission to vote in favour of an increase in the authorised capital of the European Investment Fund | 222 |
| 2021/C 445/35 | European Parliament resolution of 15 December 2020 on the Council position on Draft amending budget No 10/2020 of the European Union for the financial year 2020 — Increase of payment appropriations in line with updated forecasts of expenditure and other adjustments to expenditure and revenue (13643/2020 — C9-0395/2020 — 2020/0298(BUD)) | 223 |
| 2021/C 445/36 | European Parliament decision to raise no objections to the Commission delegated regulation of 29 October 2020 amending Delegated Regulation (EU) 2019/2124 as regards official controls at the border control post where goods leave the Union and certain provisions on transit and transhipment (C(2020)07418 — 2020/2855(DEA)) | 225 |
| 2021/C 445/37 | European Parliament decision to raise no objections to the Commission delegated regulation of 7 December 2020 amending Annex II to Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards the identification mark to be used for certain products of animal origin in the United Kingdom in respect of Northern Ireland (C(2020)08765 — 2020/2907(DEA)) | 227 |
| 2021/C 445/38 | European Parliament decision to raise no objections to the Commission delegated regulation of 20 November 2020 amending Delegated Regulation (EU) 2015/2446 as regards the time-limits for lodging entry summary declarations and pre-departure declarations in case of transport by sea from and to the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man (C(2020)08072 — 2020/2890(DEA)) | 229 |
| 2021/C 445/39 | European Parliament decision to raise no objections to the Commission Delegated Regulation of 6 November 2020 amending Delegated Regulation (EU) 2019/815 as regards the 2020 update of the taxonomy laid down in the regulatory technical standards for the single electronic reporting format (C(2020)7523 — 2020/2865(DEA)) | 231 |
| | Wednesday 16 December 2020 |
| 2021/C 445/40 | P9_TA(2020)0354Transitional provisions for support from the EAFRD and EAGF in the years 2021 and 2022 ***IEuropean Parliament legislative resolution of 16 December 2020 on the proposal for a regulation of the European Parliament and of the Council laying down certain transitional provisions for the support by the European Agricultural Fund for Rural Development (EAFRD) and by the European Agricultural Guarantee Fund (EAGF) in the year 2021 and amending Regulations (EU) No 228/2013, (EU) No 229/2013 and (EU) No 1308/2013 as regards resources and their distribution in respect of the year 2021 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards their resources and application in the year 2021 (COM(2019)0581 — C9-0162/2019 — 2019/0254(COD))P9_TC1-COD(2019)0254Position of the European Parliament adopted at first reading on 16 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022 | 233 |
| 2021/C 445/41 | P9_TA(2020)0355Additional resources in the context of the COVID-19 pandemic: REACT-EU ***IEuropean Parliament legislative resolution of 16 December 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards exceptional additional resources and implementing arrangements under the Investment for growth and jobs goal to provide assistance for fostering crisis repair in the context of the COVID-19 pandemic and preparing a green, digital and resilient recovery of the economy (REACT-EU) (COM(2020)0451 — C9-0149/2020 — 2020/0101(COD))P9_TC1-COD(2020)0101Position of the European Parliament adopted at first reading on 16 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards additional resources and implementing arrangements to provide assistance for fostering crisis repair in the context of the COVID-19 pandemic and its social consequences and for preparing a green, digital and resilient recovery of the economy (REACT-EU) | 237 |
| 2021/C 445/42 | European Parliament legislative resolution of 16 December 2020 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on a general regime of conditionality for the protection of the Union budget (09980/1/2020 — C9-0407/2020 — 2018/0136(COD)) | 238 |
| 2021/C 445/43 | European Parliament legislative resolution of 16 December 2020 on the draft Council regulation laying down the multiannual financial framework for the years 2021 to 2027 (09970/2020 — C9-0409/2020 — 2018/0166(APP)) | 240 |
| | Thursday 17 December 2020 |
| 2021/C 445/44 | European Parliament legislative resolution of 17 December 2020 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013, as regards cooperation with the European Public Prosecutor's Office and the effectiveness of the European Anti-Fraud Office investigations (10008/1/2020 — C9-0393/2020 — 2018/0170(COD)) | 256 |
| 2021/C 445/45 | Amendments adopted by the European Parliament on 17 December 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (COM(2017)0085 — C8-0034/2017 — 2017/0035(COD)) | 257 |
| 2021/C 445/46 | P9_TA(2020)0374Union action for the European Capitals of Culture for the years 2020 to 2033 ***IEuropean Parliament legislative resolution of 17 December 2020 on the proposal for a decision of the European Parliament and of the Council amending Decision No 445/2014/EU establishing a Union action for the European Capitals of Culture for the years 2020 to 2033 (COM(2020)0384 — C9-0275/2020 — 2020/0179(COD))P9_TC1-COD(2020)0179Position of the European Parliament adopted at first reading on 17 December 2020 with a view to the adoption of Decision (EU) 2020/... of the European Parliament and of the Council amending Decision No 445/2014/EU establishing a Union action for the European Capitals of Culture for the years 2020 to 2033 | 267 |
| 2021/C 445/47 | P9_TA(2020)0381Certain aspects of railway safety and connectivity with regard to the Channel Tunnel ***IEuropean Parliament legislative resolution of 17 December 2020 on the proposal for a regulation of the European Parliament and of the Council on certain aspects of railway safety and connectivity with regard to the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link (COM(2020)0782 — C9-0379/2020 — 2020/0347(COD))P9_TC1-COD(2020)0347Position of the European Parliament adopted at first reading on 17 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council on certain aspects of railway safety and connectivity with regard to the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link | 268 |
| 2021/C 445/48 | P9_TA(2020)0389Fishing authorisations for Union fishing vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters ***IEuropean Parliament legislative resolution of 18 December 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2017/2403 as regards fishing authorisations for Union fishing vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters (COM(2020)0830 — C9-0396/2020 — 2020/0366(COD))P9_TC1-COD(2020)0366Position of the European Parliament adopted at first reading on 18 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council amending Regulation (EU) 2017/2403 as regards fishing authorisations for Union fishing vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters | 269 |
| | Friday 18 December 2020 |
| 2021/C 445/49 | European Parliament resolution of 18 December 2020 on the Council position on the second draft general budget of the European Union for the financial year 2021 (13892/2020 — C9-0408/2020 — 2020/0371(BUD)) | 270 |
| 2021/C 445/50 | P9_TA(2020)0386Basic road freight and road passenger connectivity at the end of the transition period with regard to the withdrawal of the United Kingdom from the Union ***IEuropean Parliament legislative resolution of 18 December 2020 on the proposal for a regulation of the European Parliament and of the Council on common rules ensuring basic road freight and road passenger connectivity following the end of the transition period mentioned in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (COM(2020)0826 — C9-0399/2020 — 2020/0362(COD))P9_TC1-COD(2020)0362Position of the European Parliament adopted at first reading on 18 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council on common rules ensuring basic road freight and road passenger connectivity following the end of the transition period provided for in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community | 294 |
| 2021/C 445/51 | P9_TA(2020)0387Air connectivity following the end of the transition period with regard to the withdrawal of the United Kingdom from the Union ***IEuropean Parliament legislative resolution of 18 December 2020 on the proposal for a regulation of the European Parliament and of the Council on common rules ensuring basic air connectivity following the end of the transition period mentioned in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (COM(2020)0827 — C9-0398/2020 — 2020/0363(COD))P9_TC1-COD(2020)0363Position of the European Parliament adopted at first reading on 18 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council on common rules ensuring basic air connectivity following the end of the transition period provided for in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community | 295 |
| 2021/C 445/52 | P9_TA(2020)0388Aviation safety at the end of the transition period with regard to the withdrawal of the United Kingdom from the Union ***IEuropean Parliament legislative resolution of 18 December 2020 on the proposal for a regulation of the European Parliament and of the Council on certain aspects of aviation safety with regard to the end of the transition period mentioned in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (COM(2020)0828 — C9-0397/2020 — 2020/0364(COD))P9_TC1-COD(2020)0364Position of the European Parliament adopted at first reading on 18 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council on certain aspects of aviation safety with regard to the end of the transition period provided for in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community | 296 |

III   Preparatory acts

European Parliament

Monday 14 December 2020

2021/C 445/26

European Parliament legislative resolution of 14 December 2020 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on a framework for the recovery and resolution of central counterparties and amending Regulations (EU) No 1095/2010, (EU) No 648/2012, (EU) No 600/2014, (EU) No 806/2014 and (EU) 2015/2365 and Directives 2002/47/EC, 2004/25/EC, 2007/36/EC, 2014/59/EU and (EU) 2017/1132 (09644/1/2020 — C9-0376/2020 — 2016/0365(COD))

213

Tuesday 15 December 2020

2021/C 445/27

European Parliament decision of 15 December 2020 on the nomination of Marek Opiola as a Member of the Court of Auditors (C9-0350/2020 — 2020/0806(NLE))

214

2021/C 445/28

P9_TA(2020)0340Management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area ***IEuropean Parliament legislative resolution of 15 December 2020 on the proposal for a regulation of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area and amending Council Regulation (EC) No 520/2007 (COM(2020)0308 — C9-0203/2020 — 2020/0139(COD))P9_TC1-COD(2020)0139Position of the European Parliament adopted at first reading on 15 December 2020 with a view to the adoption of Regulation (EU) 2021/... of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area and amending Council Regulation (EC) No 520/2007

215

2021/C 445/29

European Parliament legislative resolution of 15 December 2020 on the draft Council decision on the conclusion of the Agreement on civil aviation safety between the European Union and Japan (09292/2020 — C9-0205/2020 — 2019/0275(NLE))

216

2021/C 445/30

European Parliament legislative resolution of 15 December 2020 on the draft Council decision on the conclusion of the Agreement in the form of an exchange of letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2020 (11260/20 — C9-0372/2020 — 2020/0274(NLE))

217

2021/C 445/31

European Parliament legislative resolution of 15 December 2020 on the draft Council decision on the conclusion of the Agreement in the form of an exchange of letters between the European Union and the Government of the Cook Islands concerning an extension of the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands (11262/20 — C9-0368/2020 — 2020/0275(NLE))

218

2021/C 445/32

European Parliament legislative resolution of 15 December 2020 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast) (06230/3/2020 — C9-0354/2020 — 2017/0332(COD))

219

2021/C 445/33

P9_TA(2020)0345European Year of Rail (2021) ***IEuropean Parliament legislative resolution of 15 December 2020 on the proposal for a decision of the European Parliament and of the Council on a European Year of Rail (2021) (COM(2020)0078 — C9-0076/2020 — 2020/0035(COD))P9_TC1-COD(2020)0035Position of the European Parliament adopted at first reading on 15 December 2020 with a view to the adoption of Decision (EU) 2020/... of the European Parliament and of the Council on a European Year of Rail (2021)

221

2021/C 445/34

P9_TA(2020)0346Authorising the Commission to vote in favour of the capital increase of the European Investment Fund ***IEuropean Parliament legislative resolution of 15 December 2020 on the proposal for a decision of the European Parliament and of the Council authorising the Commission to vote in favour of the capital increase of the European Investment Fund (COM(2020)0774 — C9-0378/2020 — 2020/0343(COD))P9_TC1-COD(2020)0343Position of the European Parliament adopted at first reading on 15 December 2020 with a view to the adoption of Decision (EU) 2021/... of the European Parliament and of the Council authorising the Commission to vote in favour of an increase in the authorised capital of the European Investment Fund

222

2021/C 445/35

European Parliament resolution of 15 December 2020 on the Council position on Draft amending budget No 10/2020 of the European Union for the financial year 2020 — Increase of payment appropriations in line with updated forecasts of expenditure and other adjustments to expenditure and revenue (13643/2020 — C9-0395/2020 — 2020/0298(BUD))

223

2021/C 445/36

European Parliament decision to raise no objections to the Commission delegated regulation of 29 October 2020 amending Delegated Regulation (EU) 2019/2124 as regards official controls at the border control post where goods leave the Union and certain provisions on transit and transhipment (C(2020)07418 — 2020/2855(DEA))

225

2021/C 445/37

European Parliament decision to raise no objections to the Commission delegated regulation of 7 December 2020 amending Annex II to Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards the identification mark to be used for certain products of animal origin in the United Kingdom in respect of Northern Ireland (C(2020)08765 — 2020/2907(DEA))

227

2021/C 445/38

European Parliament decision to raise no objections to the Commission delegated regulation of 20 November 2020 amending Delegated Regulation (EU) 2015/2446 as regards the time-limits for lodging entry summary declarations and pre-departure declarations in case of transport by sea from and to the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man (C(2020)08072 — 2020/2890(DEA))

229

2021/C 445/39

European Parliament decision to raise no objections to the Commission Delegated Regulation of 6 November 2020 amending Delegated Regulation (EU) 2019/815 as regards the 2020 update of the taxonomy laid down in the regulatory technical standards for the single electronic reporting format (C(2020)7523 — 2020/2865(DEA))

231

Wednesday 16 December 2020

2021/C 445/40

P9_TA(2020)0354Transitional provisions for support from the EAFRD and EAGF in the years 2021 and 2022 ***IEuropean Parliament legislative resolution of 16 December 2020 on the proposal for a regulation of the European Parliament and of the Council laying down certain transitional provisions for the support by the European Agricultural Fund for Rural Development (EAFRD) and by the European Agricultural Guarantee Fund (EAGF) in the year 2021 and amending Regulations (EU) No 228/2013, (EU) No 229/2013 and (EU) No 1308/2013 as regards resources and their distribution in respect of the year 2021 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards their resources and application in the year 2021 (COM(2019)0581 — C9-0162/2019 — 2019/0254(COD))P9_TC1-COD(2019)0254Position of the European Parliament adopted at first reading on 16 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022

233

2021/C 445/41

P9_TA(2020)0355Additional resources in the context of the COVID-19 pandemic: REACT-EU ***IEuropean Parliament legislative resolution of 16 December 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards exceptional additional resources and implementing arrangements under the Investment for growth and jobs goal to provide assistance for fostering crisis repair in the context of the COVID-19 pandemic and preparing a green, digital and resilient recovery of the economy (REACT-EU) (COM(2020)0451 — C9-0149/2020 — 2020/0101(COD))P9_TC1-COD(2020)0101Position of the European Parliament adopted at first reading on 16 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards additional resources and implementing arrangements to provide assistance for fostering crisis repair in the context of the COVID-19 pandemic and its social consequences and for preparing a green, digital and resilient recovery of the economy (REACT-EU)

237

2021/C 445/42

European Parliament legislative resolution of 16 December 2020 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on a general regime of conditionality for the protection of the Union budget (09980/1/2020 — C9-0407/2020 — 2018/0136(COD))

238

2021/C 445/43

European Parliament legislative resolution of 16 December 2020 on the draft Council regulation laying down the multiannual financial framework for the years 2021 to 2027 (09970/2020 — C9-0409/2020 — 2018/0166(APP))

240

Thursday 17 December 2020

2021/C 445/44

European Parliament legislative resolution of 17 December 2020 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013, as regards cooperation with the European Public Prosecutor's Office and the effectiveness of the European Anti-Fraud Office investigations (10008/1/2020 — C9-0393/2020 — 2018/0170(COD))

256

2021/C 445/45

Amendments adopted by the European Parliament on 17 December 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (COM(2017)0085 — C8-0034/2017 — 2017/0035(COD))

257

2021/C 445/46

P9_TA(2020)0374Union action for the European Capitals of Culture for the years 2020 to 2033 ***IEuropean Parliament legislative resolution of 17 December 2020 on the proposal for a decision of the European Parliament and of the Council amending Decision No 445/2014/EU establishing a Union action for the European Capitals of Culture for the years 2020 to 2033 (COM(2020)0384 — C9-0275/2020 — 2020/0179(COD))P9_TC1-COD(2020)0179Position of the European Parliament adopted at first reading on 17 December 2020 with a view to the adoption of Decision (EU) 2020/... of the European Parliament and of the Council amending Decision No 445/2014/EU establishing a Union action for the European Capitals of Culture for the years 2020 to 2033

267

2021/C 445/47

P9_TA(2020)0381Certain aspects of railway safety and connectivity with regard to the Channel Tunnel ***IEuropean Parliament legislative resolution of 17 December 2020 on the proposal for a regulation of the European Parliament and of the Council on certain aspects of railway safety and connectivity with regard to the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link (COM(2020)0782 — C9-0379/2020 — 2020/0347(COD))P9_TC1-COD(2020)0347Position of the European Parliament adopted at first reading on 17 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council on certain aspects of railway safety and connectivity with regard to the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link

268

2021/C 445/48

P9_TA(2020)0389Fishing authorisations for Union fishing vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters ***IEuropean Parliament legislative resolution of 18 December 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2017/2403 as regards fishing authorisations for Union fishing vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters (COM(2020)0830 — C9-0396/2020 — 2020/0366(COD))P9_TC1-COD(2020)0366Position of the European Parliament adopted at first reading on 18 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council amending Regulation (EU) 2017/2403 as regards fishing authorisations for Union fishing vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters

269

Friday 18 December 2020

2021/C 445/49

European Parliament resolution of 18 December 2020 on the Council position on the second draft general budget of the European Union for the financial year 2021 (13892/2020 — C9-0408/2020 — 2020/0371(BUD))

270

2021/C 445/50

P9_TA(2020)0386Basic road freight and road passenger connectivity at the end of the transition period with regard to the withdrawal of the United Kingdom from the Union ***IEuropean Parliament legislative resolution of 18 December 2020 on the proposal for a regulation of the European Parliament and of the Council on common rules ensuring basic road freight and road passenger connectivity following the end of the transition period mentioned in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (COM(2020)0826 — C9-0399/2020 — 2020/0362(COD))P9_TC1-COD(2020)0362Position of the European Parliament adopted at first reading on 18 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council on common rules ensuring basic road freight and road passenger connectivity following the end of the transition period provided for in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community

294

2021/C 445/51

P9_TA(2020)0387Air connectivity following the end of the transition period with regard to the withdrawal of the United Kingdom from the Union ***IEuropean Parliament legislative resolution of 18 December 2020 on the proposal for a regulation of the European Parliament and of the Council on common rules ensuring basic air connectivity following the end of the transition period mentioned in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (COM(2020)0827 — C9-0398/2020 — 2020/0363(COD))P9_TC1-COD(2020)0363Position of the European Parliament adopted at first reading on 18 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council on common rules ensuring basic air connectivity following the end of the transition period provided for in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community

295

2021/C 445/52

P9_TA(2020)0388Aviation safety at the end of the transition period with regard to the withdrawal of the United Kingdom from the Union ***IEuropean Parliament legislative resolution of 18 December 2020 on the proposal for a regulation of the European Parliament and of the Council on certain aspects of aviation safety with regard to the end of the transition period mentioned in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (COM(2020)0828 — C9-0397/2020 — 2020/0364(COD))P9_TC1-COD(2020)0364Position of the European Parliament adopted at first reading on 18 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council on certain aspects of aviation safety with regard to the end of the transition period provided for in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community

296

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| Key to symbols used






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

Key to symbols used

*

Consultation procedure

***

Consent procedure

***I

Ordinary legislative procedure: first reading

***II

Ordinary legislative procedure: second reading

***III

Ordinary legislative procedure: third reading

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

Amendments by Parliament:

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

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EN

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29.10.2021

| 29.10.2021 | EN | Official Journal of the European Union | C 445/1 |
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EN

Official Journal of the European Union

C 445/1

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EUROPEAN PARLIAMENT

2020-2021 SESSION

Sittings of 14 to 18 December 2020

TEXTS ADOPTED

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I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Wednesday 16 December 2020

| 29.10.2021 | EN | Official Journal of the European Union | C 445/2 |
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29.10.2021

EN

Official Journal of the European Union

C 445/2

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P9_TA(2020)0359

A new strategy for European SMEs

European Parliament resolution of 16 December 2020 on a new strategy for European SMEs (2020/2131(INI))

(2021/C 445/01)

The European Parliament,

| — | having regard to Article 3(3) of the Treaty on European Union, which refers to internal market, sustainable development and the social market economy, |
| --- | --- |

—

having regard to Article 3(3) of the Treaty on European Union, which refers to internal market, sustainable development and the social market economy,

| — | having regard to the Commission recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (1), |
| --- | --- |

—

having regard to the Commission recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (1),

| — | having regard to Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (2) (Late Payment Directive), |
| --- | --- |

—

having regard to Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (2) (Late Payment Directive),

| — | having regard to Regulation (EU) No 1287/2013 of the European Parliament and of the Council of 11 December 2013 establishing a Programme for the Competitiveness of Enterprises and small and medium-sized enterprises (COSME) (2014 — 2020) and repealing Decision No 1639/2006/EC (3), |
| --- | --- |

—

having regard to Regulation (EU) No 1287/2013 of the European Parliament and of the Council of 11 December 2013 establishing a Programme for the Competitiveness of Enterprises and small and medium-sized enterprises (COSME) (2014 — 2020) and repealing Decision No 1639/2006/EC (3),

| — | having regard to its resolution of 23 October 2012 on Small and Medium Size Enterprises (SMEs): competitiveness and business opportunities (4), |
| --- | --- |

—

having regard to its resolution of 23 October 2012 on Small and Medium Size Enterprises (SMEs): competitiveness and business opportunities (4),

| — | having regard to its resolution of 8 September 2015 on family businesses in Europe (5), |
| --- | --- |

—

having regard to its resolution of 8 September 2015 on family businesses in Europe (5),

| — | having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (6), |
| --- | --- |

—

having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (6),

| — | having regard to its resolution of 15 May 2020 on the new multiannual financial framework, own resources and the recovery plan (7), |
| --- | --- |

—

having regard to its resolution of 15 May 2020 on the new multiannual financial framework, own resources and the recovery plan (7),

| — | having regard to its resolution of 23 July 2020 on the conclusions of the extraordinary European Council meeting of 17-21 July 2020 (8), |
| --- | --- |

—

having regard to its resolution of 23 July 2020 on the conclusions of the extraordinary European Council meeting of 17-21 July 2020 (8),

| — | having regard to the Commission communication of 23 February 2011 entitled ‘Review of the “Small Business Act” for Europe’ (COM(2011)0078), and to Parliament’s resolution thereon of 12 May 2011 (9), |
| --- | --- |

—

having regard to the Commission communication of 23 February 2011 entitled ‘Review of the “Small Business Act” for Europe’ (COM(2011)0078), and to Parliament’s resolution thereon of 12 May 2011 (9),

| — | having regard to the Commission communication of 7 December 2011 entitled ‘An action plan to improve access to finance for SMEs’ (COM(2011)0870), |
| --- | --- |

—

having regard to the Commission communication of 7 December 2011 entitled ‘An action plan to improve access to finance for SMEs’ (COM(2011)0870),

| — | having regard to the Commission communication of 7 March 2013 entitled ‘Smart regulation — Responding to the needs of small and medium-sized enterprises’ (COM(2013)0122), |
| --- | --- |

—

having regard to the Commission communication of 7 March 2013 entitled ‘Smart regulation — Responding to the needs of small and medium-sized enterprises’ (COM(2013)0122),

| — | having regard to the Commission communication of 22 November 2016 entitled ‘Europe’s next leaders: the Start-up and Scale-up Initiative’ (COM(2016)0733), |
| --- | --- |

—

having regard to the Commission communication of 22 November 2016 entitled ‘Europe’s next leaders: the Start-up and Scale-up Initiative’ (COM(2016)0733),

| — | having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640), |
| --- | --- |

—

having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640),

| — | having regard to the Commission communication of 19 February 2020 entitled ‘Shaping Europe’s digital future’ (COM(2020)0067), |
| --- | --- |

—

having regard to the Commission communication of 19 February 2020 entitled ‘Shaping Europe’s digital future’ (COM(2020)0067),

| — | having regard to the Commission communication of 10 March 2020 entitled ‘An SME Strategy for a sustainable and digital Europe’ (COM(2020)0103), |
| --- | --- |

—

having regard to the Commission communication of 10 March 2020 entitled ‘An SME Strategy for a sustainable and digital Europe’ (COM(2020)0103),

| — | having regard to the Commission communication of 10 March 2020 entitled ‘A New Industrial Strategy for Europe’ (COM(2020)0102), |
| --- | --- |

—

having regard to the Commission communication of 10 March 2020 entitled ‘A New Industrial Strategy for Europe’ (COM(2020)0102),

| — | having regard to the Commission communication of 11 March 2020 entitled ‘A new Circular Economy Action Plan. For a cleaner and more competitive Europe’ (COM(2020)0098), |
| --- | --- |

—

having regard to the Commission communication of 11 March 2020 entitled ‘A new Circular Economy Action Plan. For a cleaner and more competitive Europe’ (COM(2020)0098),

| — | having regard to the Commission communication of 27 May 2020 entitled ‘Europe’s moment: Repair and Prepare for the Next Generation’ (COM(2020)0456), |
| --- | --- |

—

having regard to the Commission communication of 27 May 2020 entitled ‘Europe’s moment: Repair and Prepare for the Next Generation’ (COM(2020)0456),

| — | having regard to the Commission communication of 27 May 2020 entitled ‘Adjusted Commission Work Programme 2020’ (COM(2020)0440), |
| --- | --- |

—

having regard to the Commission communication of 27 May 2020 entitled ‘Adjusted Commission Work Programme 2020’ (COM(2020)0440),

| — | having regard to the Commission communication of 1 July 2020 entitled ‘European Skills Agenda for sustainable competitiveness, social fairness and resilience’ (COM(2020)0274), |
| --- | --- |

—

having regard to the Commission communication of 1 July 2020 entitled ‘European Skills Agenda for sustainable competitiveness, social fairness and resilience’ (COM(2020)0274),

| — | having regard to the Annual Report on European SMEs 2018/2019 of November 2019, |
| --- | --- |

—

having regard to the Annual Report on European SMEs 2018/2019 of November 2019,

| — | having regard to the Commission’s 2020 Spring Economic Forecast, |
| --- | --- |

—

having regard to the Commission’s 2020 Spring Economic Forecast,

| — | having regard to the European Court of Auditors’ Special Report 02/2020 of 22 January 2020, entitled ‘The SME Instrument in action: an effective and innovative programme facing challenges’, |
| --- | --- |

—

having regard to the European Court of Auditors’ Special Report 02/2020 of 22 January 2020, entitled ‘The SME Instrument in action: an effective and innovative programme facing challenges’,

| — | having regard to the findings of the Digital Economy and Society Index 2020, published on 11 June 2020, |
| --- | --- |

—

having regard to the findings of the Digital Economy and Society Index 2020, published on 11 June 2020,

| — | having regard to the World Bank’s Global Economic Prospects report of June 2020, |
| --- | --- |

—

having regard to the World Bank’s Global Economic Prospects report of June 2020,

| — | having regard to the OECD report of 10 December 2019 entitled ‘The Missing Entrepreneurs 2019’, |
| --- | --- |

—

having regard to the OECD report of 10 December 2019 entitled ‘The Missing Entrepreneurs 2019’,

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on International Trade, the Committee on Employment and Social Affairs, the Committee on The Internal Market and Consumer Protection, the Committee on Transport and Tourism, the Committee on Agriculture and Rural Development and the Committee on Culture and Education, |
| --- | --- |

—

having regard to the opinions of the Committee on International Trade, the Committee on Employment and Social Affairs, the Committee on The Internal Market and Consumer Protection, the Committee on Transport and Tourism, the Committee on Agriculture and Rural Development and the Committee on Culture and Education,

| — | having regard to the letter from the Committee on Legal Affairs, |
| --- | --- |

—

having regard to the letter from the Committee on Legal Affairs,

| — | having regard to the report of the Committee on Industry, Research and Energy (A9-0237/2020), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy (A9-0237/2020),

| A. | whereas the Commission communication entitled ‘An SME Strategy for a sustainable and digital Europe’ was published on 10 March 2020, while on 11 March 2020, the WHO issued the COVID-19 pandemic alert (10), impacting significantly the economic, social and political environment in which SMEs operate and making a revision of the strategy necessary, owing to the changes in many economic, social and political conditions; whereas the Commission’s strategy presented in March 2020 still proposes solutions to address the structural economic, social and environmental challenges SMEs were facing prior to the COVID-19 crisis, as well as upcoming challenges related to the digital and green transitions; whereas the Commission should present an updated version of its communication on an SME strategy, reflecting the points raised in this resolution; whereas European competitiveness is lagging behind that of other developed economies, threatening Europe’s potential to generate wealth and prosperity; |
| --- | --- |

A.

whereas the Commission communication entitled ‘An SME Strategy for a sustainable and digital Europe’ was published on 10 March 2020, while on 11 March 2020, the WHO issued the COVID-19 pandemic alert (10), impacting significantly the economic, social and political environment in which SMEs operate and making a revision of the strategy necessary, owing to the changes in many economic, social and political conditions; whereas the Commission’s strategy presented in March 2020 still proposes solutions to address the structural economic, social and environmental challenges SMEs were facing prior to the COVID-19 crisis, as well as upcoming challenges related to the digital and green transitions; whereas the Commission should present an updated version of its communication on an SME strategy, reflecting the points raised in this resolution; whereas European competitiveness is lagging behind that of other developed economies, threatening Europe’s potential to generate wealth and prosperity;

| B. | whereas the 24 million SMEs in the EU-27 are the backbone of the economy and, before the pandemic, they generated more than half of the EU’s GDP while employing about 100 million workers; whereas 98,9 % of enterprises in the EU’s non-financial business economy are small enterprises with fewer than 49 workers (11); whereas micro-, small- and medium-sized enterprises (MSMEs), both at national and EU level, are very complex and heterogeneous given their size and the great diversity of sectors of activity they cover; whereas SMEs are vital for the development and resilience of European industrial value chains and contribute significantly to local, regional and national economies; |
| --- | --- |

B.

whereas the 24 million SMEs in the EU-27 are the backbone of the economy and, before the pandemic, they generated more than half of the EU’s GDP while employing about 100 million workers; whereas 98,9 % of enterprises in the EU’s non-financial business economy are small enterprises with fewer than 49 workers (11); whereas micro-, small- and medium-sized enterprises (MSMEs), both at national and EU level, are very complex and heterogeneous given their size and the great diversity of sectors of activity they cover; whereas SMEs are vital for the development and resilience of European industrial value chains and contribute significantly to local, regional and national economies;

| C. | whereas SMEs should be at the centre of the European Green Deal and digital strategy, and be properly supported by tailored financial instruments and an SME-friendly legislative environment in order be enabled to play an important role in the growth of the European economy, as well as in the broader strategic objectives of the Union, including the environmental objectives by 2050; whereas in its resolution on EU coordinated action to combat the COVID-19 pandemic and its consequences, Parliament stressed that the European Green Deal and digital transformation should facilitate the post-COVID recovery and reconstruction strategies; whereas SMEs must be actively involved and supported in the EU’s digital strategy and the European Green Deal in order to improve their competitiveness and unlock their potential for digitalisation, deployment of innovative solutions and tackling pressing environmental and societal concerns; whereas the contribution of SMEs will be crucial to the success of these strategies; |
| --- | --- |

C.

whereas SMEs should be at the centre of the European Green Deal and digital strategy, and be properly supported by tailored financial instruments and an SME-friendly legislative environment in order be enabled to play an important role in the growth of the European economy, as well as in the broader strategic objectives of the Union, including the environmental objectives by 2050; whereas in its resolution on EU coordinated action to combat the COVID-19 pandemic and its consequences, Parliament stressed that the European Green Deal and digital transformation should facilitate the post-COVID recovery and reconstruction strategies; whereas SMEs must be actively involved and supported in the EU’s digital strategy and the European Green Deal in order to improve their competitiveness and unlock their potential for digitalisation, deployment of innovative solutions and tackling pressing environmental and societal concerns; whereas the contribution of SMEs will be crucial to the success of these strategies;

| D. | whereas the economic crisis and the grim economic outlook triggered by the pandemic have brought a considerable and indeterminate number of SMEs and start-ups to the verge of insolvency; whereas in 2018 only 40 % of companies were paid on time; whereas the liquidity crunch from which many SMEs are suffering will not only have negative repercussions on their day-to-day operations, but also on their future growth perspectives, preventing them from properly planning long-term investments; |
| --- | --- |

D.

whereas the economic crisis and the grim economic outlook triggered by the pandemic have brought a considerable and indeterminate number of SMEs and start-ups to the verge of insolvency; whereas in 2018 only 40 % of companies were paid on time; whereas the liquidity crunch from which many SMEs are suffering will not only have negative repercussions on their day-to-day operations, but also on their future growth perspectives, preventing them from properly planning long-term investments;

| E. | whereas the emergency asset purchases by the European Central Bank (ECB) in response to the economic crisis caused by the pandemic mainly help larger companies, as they rely more on the commercial debt market, but do not improve financial conditions for SMEs; whereas the EU and the Member States should act boldly and swiftly to minimise the economic, social and strategic risks associated with the disappearance of these companies; recognises that bank lending is traditionally the main source of external financing for SMEs in the Union, accounting for more than three quarters of SME financing, which makes SMEs particularly vulnerable to bank lending contractions; whereas SMEs do not have the tools to face a protracted crisis and national measures should not negatively affect the EU internal market; |
| --- | --- |

E.

whereas the emergency asset purchases by the European Central Bank (ECB) in response to the economic crisis caused by the pandemic mainly help larger companies, as they rely more on the commercial debt market, but do not improve financial conditions for SMEs; whereas the EU and the Member States should act boldly and swiftly to minimise the economic, social and strategic risks associated with the disappearance of these companies; recognises that bank lending is traditionally the main source of external financing for SMEs in the Union, accounting for more than three quarters of SME financing, which makes SMEs particularly vulnerable to bank lending contractions; whereas SMEs do not have the tools to face a protracted crisis and national measures should not negatively affect the EU internal market;

| F. | whereas the impact of the capital shortfall as a consequence of the COVID-19 crisis will differ across sectors, company types and Member States, leading to divergences in the internal market; whereas it is important to maintain a level playing field in order to minimise distortions to competition within the internal market, while the differential in the growth performance between Member States is one of the causes of uneven economic development within the EU; whereas SMEs suffer even more from overwhelming and often deregulated global competition; |
| --- | --- |

F.

whereas the impact of the capital shortfall as a consequence of the COVID-19 crisis will differ across sectors, company types and Member States, leading to divergences in the internal market; whereas it is important to maintain a level playing field in order to minimise distortions to competition within the internal market, while the differential in the growth performance between Member States is one of the causes of uneven economic development within the EU; whereas SMEs suffer even more from overwhelming and often deregulated global competition;

| G. | whereas the OECD Economic Outlook does not rule out, in the event of another serious wave of COVID-19, that the loss of income by the end of 2021 will exceed that of any previous recession in the last 100 years (12); whereas, following the COVID-19 outbreak, State aid should not lead to distortions of competition on the internal market between SMEs from different countries; whereas the pandemic has shown that the digital transition is of the utmost importance and has highlighted the need for digitalising the economy to ensure better resilience in the future, while environmental challenges persist and need to be addressed; whereas the EU is facing tough competition from global players; whereas innovation represents an effective way for SMEs to build long-term and sustainable growth; |
| --- | --- |

G.

whereas the OECD Economic Outlook does not rule out, in the event of another serious wave of COVID-19, that the loss of income by the end of 2021 will exceed that of any previous recession in the last 100 years (12); whereas, following the COVID-19 outbreak, State aid should not lead to distortions of competition on the internal market between SMEs from different countries; whereas the pandemic has shown that the digital transition is of the utmost importance and has highlighted the need for digitalising the economy to ensure better resilience in the future, while environmental challenges persist and need to be addressed; whereas the EU is facing tough competition from global players; whereas innovation represents an effective way for SMEs to build long-term and sustainable growth;

| H. | whereas the adoption of environmentally sustainable practices, innovations and technologies is expected to create new jobs and business opportunities for SMEs while improving their competitiveness and reducing their costs, provided that the right administrative, regulatory and technical conditions are in place; whereas many SMEs wish to improve their environmental performance, resource and energy efficiency, use of digital technologies and deployment of innovative solutions, all of which will be crucial for supporting their long-term and sustainable growth and competitiveness, as well as enabling them to play a key role in directly delivering eco-innovations; whereas to this end, better access to funding and technical support should be provided; |
| --- | --- |

H.

whereas the adoption of environmentally sustainable practices, innovations and technologies is expected to create new jobs and business opportunities for SMEs while improving their competitiveness and reducing their costs, provided that the right administrative, regulatory and technical conditions are in place; whereas many SMEs wish to improve their environmental performance, resource and energy efficiency, use of digital technologies and deployment of innovative solutions, all of which will be crucial for supporting their long-term and sustainable growth and competitiveness, as well as enabling them to play a key role in directly delivering eco-innovations; whereas to this end, better access to funding and technical support should be provided;

| I. | whereas, according to the Commission’s Digital Economy and Society Index 2020 (13), many SMEs still lack full access to digitalisation and are lagging behind large firms both in terms of digital skills and the digitalisation of their operations, owing in part to unfair competition from multinational companies; whereas the same rules should apply both in the digital and non-digital single markets in order to ensure a level playing field while avoiding negative impacts on labour and social rights; whereas the use of data can lead to a competitive advantage and allow SMEs to reap the benefits of the digital transition, while the focus on digital literacy and skills should go hand in hand with the enhancement of EU investment in digital infrastructure as well as with the improvement of data access for SMEs and fair commercial and regulatory frameworks in all types of market settings, i.e. business to business, business to consumer and business to government; |
| --- | --- |

I.

whereas, according to the Commission’s Digital Economy and Society Index 2020 (13), many SMEs still lack full access to digitalisation and are lagging behind large firms both in terms of digital skills and the digitalisation of their operations, owing in part to unfair competition from multinational companies; whereas the same rules should apply both in the digital and non-digital single markets in order to ensure a level playing field while avoiding negative impacts on labour and social rights; whereas the use of data can lead to a competitive advantage and allow SMEs to reap the benefits of the digital transition, while the focus on digital literacy and skills should go hand in hand with the enhancement of EU investment in digital infrastructure as well as with the improvement of data access for SMEs and fair commercial and regulatory frameworks in all types of market settings, i.e. business to business, business to consumer and business to government;

| J. | whereas one of the main challenges in unlocking the potential of digitalisation is to find skilled employees; whereas the Commission, the Member States and local governments should act to improve the business environment in order to ensure the competitiveness of SMEs as well as the sustainable and long-term economic growth of the Union; whereas the Union’s SME strategy represents an opportunity to foster the entrepreneurial culture of under-represented groups and to enable them to fully harness opportunities stemming from the digital and green transitions; |
| --- | --- |

J.

whereas one of the main challenges in unlocking the potential of digitalisation is to find skilled employees; whereas the Commission, the Member States and local governments should act to improve the business environment in order to ensure the competitiveness of SMEs as well as the sustainable and long-term economic growth of the Union; whereas the Union’s SME strategy represents an opportunity to foster the entrepreneurial culture of under-represented groups and to enable them to fully harness opportunities stemming from the digital and green transitions;

| K. | whereas the enhancement of an entrepreneurial culture can enable SMEs to fully contribute to and benefit from the twin transition and increase job creation and thus the impact of SMEs on in the labour market; whereas women make up 52 % of the total EU population but constitute only 34,4 % of the self-employed and 30 % of start-up entrepreneurs in the EU (14); whereas women’s creativity and entrepreneurial potential remain untapped and should be further developed; |
| --- | --- |

K.

whereas the enhancement of an entrepreneurial culture can enable SMEs to fully contribute to and benefit from the twin transition and increase job creation and thus the impact of SMEs on in the labour market; whereas women make up 52 % of the total EU population but constitute only 34,4 % of the self-employed and 30 % of start-up entrepreneurs in the EU (14); whereas women’s creativity and entrepreneurial potential remain untapped and should be further developed;

| L. | whereas regulatory burdens should be reduced, such as the financial and ‘hassle’ costs of compliance created by over-regulation and overly complex administrative procedures, including the challenges related to patent litigation, for example in the field of intellectual property protection but also with reference to funding opportunities; whereas innovation is not associated with regulation, but is propelled by collaborative efforts in which businesses interact to exchange knowledge and information and to combine ideas and financing with partners as part of broader innovation systems; whereas grants are typically more likely than tax credits to reach SMEs or activities in which SMEs are more likely to be involved; |
| --- | --- |

L.

whereas regulatory burdens should be reduced, such as the financial and ‘hassle’ costs of compliance created by over-regulation and overly complex administrative procedures, including the challenges related to patent litigation, for example in the field of intellectual property protection but also with reference to funding opportunities; whereas innovation is not associated with regulation, but is propelled by collaborative efforts in which businesses interact to exchange knowledge and information and to combine ideas and financing with partners as part of broader innovation systems; whereas grants are typically more likely than tax credits to reach SMEs or activities in which SMEs are more likely to be involved;

| M. | whereas the EU’s definition of SMEs is referred to in over 100 EU legal acts covering a wide range of policies; whereas the Commission will further examine the current definition and report on specific issues raised in the most recent public consultation, such as complex ownership structures or possible ‘lock-in effects’; whereas the Commission still needs to comply with the judgment of the European Court of Justice of 15 September 2016 requiring the clarification on the criteria of ‘independence’ and ‘autonomy’; |
| --- | --- |

M.

whereas the EU’s definition of SMEs is referred to in over 100 EU legal acts covering a wide range of policies; whereas the Commission will further examine the current definition and report on specific issues raised in the most recent public consultation, such as complex ownership structures or possible ‘lock-in effects’; whereas the Commission still needs to comply with the judgment of the European Court of Justice of 15 September 2016 requiring the clarification on the criteria of ‘independence’ and ‘autonomy’;

| N. | whereas micro-enterprises represent a significant proportion of European SMEs and very often have difficulties in accessing finance as well as in gaining knowledge of the opportunities that are available at the European and national levels; whereas this category of businesses has also been hit very hard by the COVID-19 crisis and, without prejudice to the current definition of SMEs, deserves to receive more assistance and be better promoted; |
| --- | --- |

N.

whereas micro-enterprises represent a significant proportion of European SMEs and very often have difficulties in accessing finance as well as in gaining knowledge of the opportunities that are available at the European and national levels; whereas this category of businesses has also been hit very hard by the COVID-19 crisis and, without prejudice to the current definition of SMEs, deserves to receive more assistance and be better promoted;

| O. | whereas mid-caps contribute significantly to employment and growth, especially in some Member States; whereas the Commission should, as part of the REFIT initiative, assess the need for a separate mid-cap definition in order to enable targeted measures, while ensuring that this does not broaden the existing SME definition nor compromise SME support in any way; |
| --- | --- |

O.

whereas mid-caps contribute significantly to employment and growth, especially in some Member States; whereas the Commission should, as part of the REFIT initiative, assess the need for a separate mid-cap definition in order to enable targeted measures, while ensuring that this does not broaden the existing SME definition nor compromise SME support in any way;

Structural challenges prior to the COVID-19 crisis

| 1. | Welcomes the Commission’s SME strategy and shares its view that SMEs are essential to the European economy; highlights the need to update the SME strategy in the light of the COVID-19 crisis while keeping the focus on advancing the transition toward a socially, economically and environmentally resilient society and a competitive economy, and calls therefore for the SME strategy to be aligned with the industrial strategy, the European data strategy (15) and the European Green Deal, in order to actively involve and support all SMEs in the twin transition, with the view of achieving better competitiveness, long-term growth and better resilience; |
| --- | --- |

1.

| 2. | Calls, furthermore, for measures to improve the environment for business creation and to strengthen the entrepreneurial spirit, including through the reduction of administrative burdens on SMEs; calls in this regard for the adoption of an SME action plan with clear objectives, milestones and timeline, accompanied by regular monitoring, reporting and evaluations; stresses in this context the need to enhance the entrepreneurial spirit within the Union and to provide the conditions that will enable new businesses and existing SMEs to thrive and innovate, and thereby contribute to the Union’s economic, social and environmental sustainability and economic competitiveness; |
| --- | --- |

2.

| 3. | Acknowledges that an excess of administrative and regulatory burdens is hindering the ability of SMEs to thrive as they lack the necessary resources to meet complex bureaucratic requirements; |
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3.

| 4. | Welcomes therefore the Commission’s commitment to introduce a ‘one in-one out’ principle, but recalls that this merely maintains the status quo in legislation, which is not a sufficient ambition, and stresses the need for Member States to avoid gold-plating as a first step towards stemming the tide of new regulation; recalls that public administration, both at the European and the national levels, has a key role to play in ensuring the ease of doing business and, for example, in promoting investments aimed at boosting economic competitiveness, while safeguarding the highest standards of transparency, workers’ health, rights and safety and environmental protection; |
| --- | --- |

4.

| 5. | Calls therefore on the Member States and the Commission to acknowledge the need for better regulation and simplification and to adopt a roadmap with concrete and binding targets and indicators as an important prerequisite for our economy’s ability to recover and innovate, and for the safeguarding of EU companies’ competitiveness; notes that several Member States have set quantitative targets of up to 30 % (16) for the reduction of administrative burden and calls on the Commission to set ambitious and binding quantitative and qualitative targets at EU level for the reduction of administrative burdens, as soon as possible after conducting an impact assessment and in any case no later than June 2021, and in advance of the Commission communication; |
| --- | --- |

5.

| 6. | Notes that this roadmap should identify the areas where the administrative and regulatory burden for SMEs should be substantially reduced in order to cut compliance costs including red tape, and support Member States in achieving a swift reduction in the number of rules while ensuring workers’ rights, social and health standards and environmental protection; underlines that, in order to monitor the effectiveness of the reduction of red tape, it is also important to assess such measures ex-post, taking into account the SMEs’ perspective and not undermining workers’ rights; |
| --- | --- |

6.

| 7. | Calls for improved regulatory alignment to be accompanied by smart digitalisation, increased user-friendliness, more streamlined procedures and more secure and private data procedures; demands, in this respect, increased and more targeted national and EU-level technical and administrative assistance, exchange of best practices and training opportunities for SMEs; calls on the Commission to manage a true single digital entry point for all enquiries on EU financing opportunities for SMEs and ensure that EU support schemes, including those addressing the COVID-19 aftermath, contain a strong SME component; |
| --- | --- |

7.

| 8. | Welcomes the achievements of the application of the Better Regulation principles so far; notes that further progress needs to be reached in particular in the realm of simplification and standardisation of forms and procedures, with the consistent implementation of the ‘once only’ and ‘digital by default’ principles, both at EU and Member State levels, and the reduction of administrative burdens in general; |
| --- | --- |

8.

| 9. | Calls on the Commission to analyse carefully the economic and social impacts of the COVID-19 crisis on SMEs and to take into account SMEs’ concerns resulting from the COVID-19 crisis when conducting impact assessments ahead of proposing legislation; |
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9.

| 10. | Calls, therefore, for a binding test that is able to assess, with regard to SMEs, the costs and benefits of legislative proposals, including their economic impact and their impact on SME employees; expects the results of the SME test to be fully taken into account in all legislative proposals and to clearly demonstrate how simplification would be attained and, where possible, formulate additional recommendations to avoid unnecessary administrative or regulatory burdens for SMEs; recalls that the main focus during the EU’s legislative process should be on the quality of impact assessments rather than on speed at which initiatives are completed; calls on the Member States to collect and promote best practices and develop guidelines for the systematic implementation of SME tests also at national level; |
| --- | --- |

10.

| 11. | Calls on the Commission to ensure the effectiveness and good functioning of the Regulatory Scrutiny Board (RSB) by ensuring it has a majority of external experts and support from the Joint Research Centre; reiterates that the independence, transparency and objectiveness of the RSB and its work must be ensured and that the members of the Board should not be subjected to any political control, conflict of interest or bias; calls on the Commission to guarantee a balanced representation of large and small companies in all relevant bodies and committees associated with EU policymaking, including on the RSB; considers the current requirement to have only one SME representative on the RSB, representing all SMEs across all sectors, as insufficient, considering the great variety of SMEs in Europe; |
| --- | --- |

11.

| 12. | Calls for a revived implementation of the small business act (SBA); underlines the need for the consistent application of the ‘think small first’ principle and the strengthening of the principle of being ‘big on big things, small on small things’ in order to ensure proper focus on SMEs in EU and national legislation and as the basis for a new interinstitutional commitment to reducing administrative burdens; |
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12.

| 13. | Takes note of the Commission’s plan to appoint a dedicated EU SME envoy to bring more visibility to SMEs’ concerns and furthermore calls on the Commission to place the SME envoy in a central unit under the President of the Commission in order to enable oversight over SME issues in all Directorates-General; calls on the Commission to build on the existing SME performance review process and engage in an annual debate on the ‘State of the SMEs Union’ to be held at a Parliament plenary sitting; underlines the opportunity to strengthen cooperation between the SME envoy network and the national and local organisations representing SMEs; |
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13.

| 14. | Considers that the EU objectives in the areas of sustainability and digitisation should be fully matched by financial and other resources to enable Member States to promote SME transition within both areas, this being of particular importance in the less developed regions; stresses that such objectives cannot be contradictory and must, on the contrary, be mutually reinforcing and accompanied by measures to safeguard employment with rights and improved working conditions; |
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14.

| 15. | Regrets that SMEs have experienced more difficulties than larger companies in accessing finance, owing among other reasons to various monetary measures and the regulatory framework; suggests in this regard that actions be taken to strengthen access to credit for SMEs, including micro-enterprises and start-ups; recalls that SMEs usually do not have sufficient financial and human resources to participate on an equal footing with other stakeholders, in particular multinational corporations, in the process of accessing financial instruments; |
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15.

| 16. | Expresses concern regarding the difficulties in accessing EIB funding lines faced by most SMEs, particularly those with limited capitalisation, and calls for conditions of access to take into account the need for a stronger involvement of SMEs; regrets that many SMEs, including micro-enterprises and start-ups, are unable to access EU funding because they lack awareness of what is available, but also because of the slowness and excessive complexity of the relevant procedures and eligibility criteria; calls on the Commission to remove such barriers by simplifying procedures, ensuring online access to information and further supporting tailored incentives for SMEs and micro-enterprises; |
| --- | --- |

16.

| 17. | Reminds the Member States and the Commission, in this regard, that there is an immediate need to restore the liquidity of SMEs to ensure their basic functioning and warns that the post-COVID-19 survival of SMEs, in particular of micro-enterprises, given their structural weaknesses in comparison to larger businesses, will depend on swift decision-making, adequate funding and the quick availability of liquidity; |
| --- | --- |

17.

| 18. | Encourages the Commission and Member States to make the best use of the forthcoming EU instruments under the next multiannual financial framework (MFF) according to the specific needs of the local communities and taking into consideration, whenever possible, existing sectoral and national specificities; recalls that they are expected, among other things, to funnel investments towards SMEs; |
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18.

| 19. | Expresses its regret that the Recovery Plan dedicated little focus to SMEs and calls for measures to ensure easy access for SMEs; |
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19.

| 20. | Urges the Commission to better customise EU funding to attract more participation from non-digital, high-tech and innovative SMEs and calls, furthermore, for the design of new EU instruments to take into consideration whether funding can reasonably be used by SMEs and is suited to their needs, and to ensure that SMEs are able to benefit as much as all the other partners involved in the value chain, to the benefit of Europe’s global competitiveness; recalls that, in order to help start-ups thrive, it is crucial to ensure a supply of ‘patient capital’ that aims to capture benefits specific to long-term investments and whose providers are able to maintain their investment even in the face of adverse short-term conditions; |
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20.

| 21. | Emphasises the need for EU bodies to proactively approach SME networks and organisations at local, regional and national levels in order to provide timely information and guidance for making use of available and planned EU funding possibilities; reminds the Commission to use all means of communication available as well as competitions for students and young entrepreneurs; |
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21.

| 22. | Urges Member States to guarantee non-discriminatory access to bank lending for SMEs, including those whose business model focuses on intangible assets; recalls that access to finance is a key enabler of growth, sustainable transformation and innovation and calls for further support for innovative business models; deplores the gap in credit conditions for SMEs located in different EU countries and calls on the Member States to work together with the financial and banking sectors with regard to their obligation to ensure full and fair access to bank loans for SMEs; |
| --- | --- |

22.

| 23. | Stresses that financing through capital markets alone will not be sufficient to provide appropriate solutions for SMEs and believes that the financial services sector must be stable and offer SMEs, micro-enterprises and self-employed entrepreneurs a wide range of tailor-made financing options in a cost-effective manner; stresses in this regard the importance of traditional banking models, including small regional banks and savings cooperatives; invites the EIB to work more closely with its financial intermediaries in the Member States to disseminate relevant information to SMEs in order to improve their access to finance; |
| --- | --- |

23.

New challenges arising from the COVID-19 pandemic

| 24. | Recalls that liquidity must be swiftly provided to SMEs, while measures for SME re-capitalisation should also be reinforced; urges Member States and the Commission to address the problem of late payments, which continue to create significant liquidity challenges for SMEs, and urges Member States that still have not done so to implement the Late Payment Directive, in particular with regard to public administrations and to business-to-business relations; |
| --- | --- |

24.

| 25. | Urges the Commission to strengthen monitoring and enforcement of the Late Payment Directive and assess the need for its revision, so as to ensure that prompt payments are the norm across the internal market both for business-to-business transactions, in particular from bigger to smaller businesses, and for government-to-business transactions; calls on authorities at the European, national, regional and local levels to set the right example by always paying SMEs on time and, in this context, encourages an active use of infringement procedures in cases where the directive is not properly implemented; |
| --- | --- |

25.

| 26. | Recognises the need for a temporary relaxation of State aid rules and an acknowledgement that they have led to the uneven implementation of measures across the Union; calls on the Commission and the Council to take swift action to ensure a competitive level playing field among Member States; |
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26.

| 27. | Notes that any future evaluation and revision of the State aid rules should take into due account the specificities and geographical disadvantages affecting those SMEs located in the most peripheral territories, including islands, outermost regions and mountainous areas, as well as in other areas, including non-peripheral areas, that are affected by unprecedented natural calamities; |
| --- | --- |

27.

| 28. | Is deeply concerned that sectors such as tourism, hospitality, culture, the creative industries, transport, trade fairs and events, which are largely composed of SMEs, have been hit hardest by the COVID-19 crisis; underlines the importance of continuous, swift measures aimed at restoring and retaining trust among travellers and operators; underlines the need to relieve these sectors from administrative burdens and cost-driving regulation, identify the way forward for the sectors’ recovery and ensure protection for the rights of workers in the affected sectors; recalls the importance of improving access to digital technologies and supporting programmes for SMEs in the cultural and creative sectors, as the COVID-19 crisis has shown their crucial role in our economy and social lives; |
| --- | --- |

28.

| 29. | Urges Member States to acknowledge as top political priorities the protection of employment and the survival of SMEs and start-ups by putting forward concrete measures to support economically viable SMEs and start-ups at risk of insolvency, in particular in light of the cancellation of the Solvency Support Instrument suggested by the European Council; notes the Support to mitigate Unemployment Risks in an Emergency (SURE) initiative aimed at covering the cost of national short-time work schemes; calls on the Commission to actively support Member States in transposing the Directive on restructuring and insolvency (17) to ensure a real second chance to SMEs in difficulty; |
| --- | --- |

29.

| 30. | Notes that the COVID-19 crisis has pushed SMEs towards innovative technologies, new ways of organising their work and digital business models such as e-commerce, the sharing economy and remote working; points out that many SMEs have struggled to adapt to the new circumstances and calls on the Commission, in this regard, to ensure that research and innovation (R&I) investment is geared towards SME participation while striking a balance between the enforcement of intellectual property rights and the push for innovation; calls furthermore for the respect of workers’ rights throughout this process; |
| --- | --- |

30.

| 31. | Recalls that innovation in SMEs is a key driver of productivity and sustainable growth, as it can help solve global and societal challenges and offer better working conditions; recalls that technological development and digitalisation are increasing the opportunities for SMEs to innovate and prosper, accelerating the spread of knowledge and the emergence of new business models, and increasing their ability to scale up more quickly; |
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31.

| 32. | Stresses that investments in innovation should prioritise ecosystems that are inclusive of SMEs and that strengthen co-creation, maturation and transfer of excellent technology to industry as well as the uptake of new technologies; underlines, therefore, the importance of targeted public policies to support horizontal needs related to the digital transformation processes in micro-enterprises and SMEs, such as the simplification of reporting obligations, and calls on Member States to develop pilot initiatives to accelerate SMEs’ uptake of e-commerce solutions, for example through training and advisory activities, technical assistance, best practices or integration of the knowledge triangle (education, research and innovation), and with the involvement of all relevant stakeholders and local authorities; |
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32.

| 33. | Welcomes the inclusion of SMEs in the European Space Programme, including in the development of many downstream services and applications; recognises the key role that SMEs play in defence supply chains in Europe; |
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33.

| 34. | Welcomes the Commission’s promise to open fast-track training through digital crash courses to enable the employees of micro-enterprises and SMEs to become proficient in areas such as AI, cybersecurity and distributed ledger technologies; highlights that digital crash courses for SMEs in the framework of the digital Europe programme should be preceded by subsidised programmes to allow SME owners and managers to identify their digital needs and opportunities; points out that a skilled workforce is essential to make SMEs thrive and enable them to successfully cope not only with the environmental and digital transitions, but also with the traditional challenges these enterprises face; |
| --- | --- |

34.

| 35. | Regrets that only 17 % of SMEs have so far successfully integrated digital technology into their businesses; calls for the action aimed at tackling skills mismatches and shortages to be strengthened and at equipping SMEs with digital literacy and skills, as well as improving skills in relation to public procurement and financial education, in addition to credit and supply chain management skills for rapidly changing labour markets, also in the light of the acceleration induced by the COVID-19 crisis; |
| --- | --- |

35.

| 36. | Stresses the need to promote investments in further vocational training and apprenticeship programmes in SMEs; calls in this regard for the development of a tailored approach to digital skills for micro-enterprises; stresses the role that the Commission’s skills agenda can play to this end and points out that, in order to bridge the gap in the digital and innovation fields, it is necessary to increase the share of graduates in STEM subjects and to address the gap that women are facing in both fields; welcomes, in this regard, the European skills agenda; |
| --- | --- |

36.

| 37. | Take note of the Commission’s white paper on artificial intelligence (COM(2020)0065) and its view that each Member State should have at least one digital innovation hub with a high degree of specialisation in AI; |
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37.

| 38. | Encourages the Commission to support SMEs’ effort to, inter alia, upgrade obsolete equipment, enhance knowledge transfer and identify the most effective uses of technologies, such as industrial AI, and, upskill the workforce with the immediately necessary skills to allow remote asset control, production monitoring and employee collaboration, as well as environmentally sustainable business models, circular economy approaches, and energy and resource efficiency, where digital know-how is often crucial and allows SMEs to stay competitive; calls on the Commission also to consider the creation of an SME voucher programme to support the above; |
| --- | --- |

38.

| 39. | Urges action to tackle SME knowledge and skills gaps in relation to environmentally sustainable technologies, practices and business models, particularly for sectors in which EU sustainable energy and environmental objectives require fundamental change; |
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39.

| 40. | Recalls the importance of instruments such as the Enterprise Europe Network and European Digital Innovation Hubs, which can foster SMEs’ internationalisation, digitalisation and pursuit of innovation at the local level, including in the environmental field, and help ensure they are fit for purpose; calls on the Commission to perform a thorough mid-term and ex post evaluation of these instruments by consulting SME representatives throughout the evaluation process to ensure that these networks effectively reach SMEs; |
| --- | --- |

40.

| 41. | Highlights the vital role of non-personal data and transfer of technologies from academia to SMEs, and underlines the importance of establishing European data spaces for non-discriminatory, trusted and secure non-personal data sharing to ramp up data flows between businesses and with governments, using an open data model; |
| --- | --- |

41.

| 42. | Calls for the adoption of a parallel and stronger policy to improve internet infrastructure and connectivity conditions to the benefit of SMEs in remote areas, as a basic condition to improve digitalisation and embrace an effective transformation; calls on the Commission to consider binding targets for connectivity; |
| --- | --- |

42.

Recovery strategy

| 43. | Insists that Horizon Europe is a priority and needs robust overall funding; calls for a substantial part of it to be made available for SMEs including for the SME components of the European Innovation Council, and calls on the Commission and the Member States to ensure that, whenever possible, R&I instruments such as the EIC Accelerator offer fast-track opportunities to SMEs and start-ups that are developing innovative technologies; |
| --- | --- |

43.

| 44. | Calls for pervasive EU research and innovation policies and instruments to be kept as sector-neutral as possible and to provide more support not only to those SMEs and micro-enterprises that are already active in innovation efforts, but also, according to their needs, to those lagging behind, particularly in traditional manufacturing; calls for more European-level R&I financing to be dedicated to non-digital SMEs and SMEs that wish to improve their environmental performance and resource efficiency; |
| --- | --- |

44.

| 45. | Highlights that collaboration and cooperation are crucial dimensions to improving the performance of SMEs; notes, to this end, that clusters and partnerships with all actors in the knowledge triangle (education, research and innovation), shall be better promoted and encouraged by reducing administrative burdens, simplifying procedures and establishing shared services facilities for SME cluster participation; calls on the Commission furthermore to ensure that Horizon Europe’s partnerships and missions are transparent and inclusive throughout their implementation, in particular as regards SME participation and the setting of their strategic research agenda and annual work programmes; emphasises further the need to ensure fair arrangements on the sharing of findings and final results, in accordance with the principle of being ‘as open as possible, as closed as necessary’; |
| --- | --- |

45.

| 46. | Underlines further the potential of the European Institute of Innovation and Technology and its Knowledge and Innovation Communities, as they represent an effective way to enhance collaboration between SMEs, research centres and universities with the scope to promote local entrepreneurship and address the most urgent societal challenges of our age; |
| --- | --- |

46.

| 47. | Calls on the Commission and the Member States to invest, inter alia, in the data economy, artificial intelligence, smart production, the Internet of Things (IoT) and quantum computing and to ensure a strong SME component in these fields; deplores the fact that most SMEs do not have access to the data they create; welcomes in this respect the European data strategy, geared towards creating a genuine market for data, where SMEs will have easy access to and use of data in all types of market settings, i.e. business-to-consumer, business-to-business and business-to-government; |
| --- | --- |

47.

| 48. | Calls on the Member States to ensure that SMEs have the support to innovation opportunities they need and to maximise synergies with EU programmes in their national innovation strategies; stresses in this regard the role of innovative SMEs specialising in pioneering technologies; |
| --- | --- |

48.

| 49. | Emphasises the need to increase awareness among SME owners and managers, SME associations and support organisations about financing possibilities for technologies with better environmental performance, about contracting services (e.g. consultancy, coaching and training) related to eco-design and efficient resource usage and management, and about green entrepreneurship and green technologies, products and services; |
| --- | --- |

49.

| 50. | Emphasises that investments in new as well as environmentally friendly technologies can turn the European Green Deal into a new growth strategy through which SMEs can benefit and enhance their innovation potential; |
| --- | --- |

50.

| 51. | Acknowledges that, while many SMEs are willing to invest in energy-efficient, circular and environmentally friendly processes, products and services, there are significant barriers, in particular financial ones, preventing them from doing so; calls on the Commission and the Member States while lowering the regulatory burden to remove such barriers by putting in place an enabling regulatory framework and technical and financial support schemes, including through private investment, to allow SMEs to successfully and swiftly take up green practices, products, processes and services; is of the opinion that reinforced targeted technical and financial assistance will be essential in promoting green opportunities among those SMEs, including micro-enterprises; stresses that such assistance should enable SMEs and micro-enterprises to take full advantage of the opportunities arising from the Green Deal, taking into account their structure, business model and, more generally, their needs, since there is no one-size-fits-all approach; stresses in this regard the need to actively involve representatives from SME organisations; |
| --- | --- |

51.

| 52. | Welcomes the initiatives which offer the greatest employment and competitiveness opportunities to SMEs, such as the implementation of the circular economy action plan, creating local jobs and providing major business and innovation opportunities for SMEs; takes note of the opportunities provided by the initiatives of the so-called ‘renovation wave’ including urban regeneration projects; points out that the right to repair, while beneficial to consumers, can also push SMEs into entering the reparation market segment and that policies aimed at increasing the energy efficiency of buildings not only help SMEs in the construction sector, but all SMEs in promoting energy efficiency, and thus contribute to reducing their operational costs; calls for the development of a more competitive market for energy service companies (ESCOs); |
| --- | --- |

52.

| 53. | Stresses that public procurement is a strategic tool to boost sustainable production and consumption patterns; believes that this tool, with the right support and assistance, can also provide great opportunities for local, innovative SMEs; notes the similar role of green and circular public procurement and recalls in this regard that its implementation at the national level should be accompanied by training and support for public bodies and SMEs; |
| --- | --- |

53.

| 54. | Notes that a balanced intellectual property (IP) rights framework has long been known as an important step in improving the functioning of the internal market; calls on the Commission, therefore, to prioritise the announced intellectual property action plan in order to ensure EU-level protection of copyrighted goods and patented inventions and strengthen the ability of European companies, and in particular SMEs, to innovate on the basis of strong and balanced IP regimes, which will benefit the global competitiveness of innovative SMEs as well as minimising the costs and complexities of administrative procedures, while also addressing the challenges related to patent litigation and providing open source and open data models for future innovation; |
| --- | --- |

54.

| 55. | Recalls the role of vocational training and life-long learning, which are essential for tackling the mismatch between skilled labour demand and supply, encourages the integration of entrepreneurial skills in the early stages of education and the promotion of reskilling and upskilling of unemployed workers to enable their inclusion into the labour market and ensure that SMEs can count on properly trained staff; |
| --- | --- |

55.

| 56. | Calls on the Commission and the Member States to accelerate and expand initiatives to identify the skills needs and to address the gaps in the labour market through education, professional training strategies and skills development programmes targeted at SMEs, and regrets that the gap in entrepreneurship and access to finance for micro-enterprises and SMEs led by women still persists; calls on Member States to assess the barriers that still prevent women from becoming company founders and managers; underlines that the use of gender-disaggregated data will help make this assessment more thorough and will improve the overall quality of the decision-making process; calls for educational and upskilling initiatives for women to help them improve their entrepreneurial skills and self-confidence; believes, furthermore, that e-government tools and digital skills should be promoted within the public sector in order to make public administration more business- and citizen-friendly and calls on Member States to ensure the exchange of national and regional best practices in the field, also with reference to cooperation between public administration and the private sector, in order to boost economic competitiveness; |
| --- | --- |

56.

| 57. | Recalls that the SME strategy needs to cover different sizes and types of SMEs, whether they operate in traditional, social to high-tech sectors; considers SMEs involved in traditional handicrafts, tourism, cultural and creative sectors and the social economy to be particularly vulnerable segments of the SME network; acknowledges their historic, cultural, economic and social value and calls on Member States to ensure the sectors’ competitiveness, including by promoting generational transition and self-entrepreneurship, by promoting access to information about innovation opportunities and by supporting the protection and enhancement of these sectors; |
| --- | --- |

57.

| 58. | Calls on the Commission, in the context of the EU’s SME support programmes, in particular the single market programme, to also pay particular attention to social economy enterprises, as they are locally rooted, provide a wide range of products and services across the EU single market and generate high quality jobs and promote social innovation; |
| --- | --- |

58.

| 59. | Calls on the Commission to present and commit to a roadmap for the reduction of administrative burdens, including a timeline for actions and mid-term checkpoints, and on the implementation of the SME strategy to be presented at an annual plenary debate on the ‘State of the SMEs Union’; notes that following the WHO’s pandemic alert and the implementation of measures aimed at containing the spread of COVID-19, many European companies were forced to stop or slow down production due to trade restrictions, supply chain disruptions and shortages of raw materials and components from third countries, demonstrating once again the need for European industry to gain strategic autonomy and decrease its dependency on non-EU countries and to ensure that key parts of strategic value chains, including in the manufacturing industry, are better located within its borders; calls on the Commission, furthermore, to ensure that companies supplying medical supplies will not face again the same difficulties that arose within the internal market and to learn from problems that occurred during the early stages of the COVID-19 crisis; |
| --- | --- |

59.

| 60. | Calls for strengthening competition rules to improve the competitiveness of SMEs and to protect them from unfair practices that could result in social dumping and labour deregulation; calls on the Commission to ensure the effective enforcement of the Union’s competition law, without prejudice to workers’ rights; recalls, in this regard, the importance of promoting social dialogue in designing and implementing SME policies and guaranteeing a level playing field for SMEs to make sure that they benefit from the internal market on a fair basis and are able to harness opportunities to scale up; |
| --- | --- |

60.

| 61. | Calls on the Commission to ensure that SMEs will thrive in the context of the ecosystems guaranteeing an inclusive approach and bringing together all actors operating in a value chain, in order to promote European leadership in strategic sectors and competitiveness on the global stage; |
| --- | --- |

61.

| 62. | Considers that the EU strategy for SMEs should, at all times, take full account of their national specificities, thereby ensuring due regard for the broad national autonomy of Member States in a general Union framework; |
| --- | --- |

62.

| 63. | Regrets the fact that no more than 600 000 SMEs are currently exporting outside the EU; recalls that those SMEs seeking to access the global market will improve their competitiveness only if supported both at the local and international levels by a structured and predictable regulatory and enabling framework, structured networks, solid information resources and access to investment opportunities and a skilled workforce; stresses the importance of increasing SMEs’ awareness of both the internal and the international markets and their rules and tools, also by simplifying the reference framework and improving communication on tailored opportunities; recalls in this regard the role of SME umbrella organisations and networks and chambers of commerce in Member States and internationally, as well as of the EU delegations; |
| --- | --- |

63.

| 64. | Calls on the Commission, therefore, to introduce tools such as a single digital entry point to easily identify opportunities for SMEs stemming from international trade agreements; welcomes in this respect the launch of the new Commission portal named ‘Access2Markets’ on customs procedures and formalities and urges the Commission to ensure multilingual access to this tool; |
| --- | --- |

64.

| 65. | Recalls the need to actively involve SMEs in international trade agreements and push for reciprocity to ensure their access to public procurement in third countries; calls therefore for the inclusion in trade agreements of a standalone SME chapter that signposts micro-enterprise and SME-friendly provisions from other chapters and provides a fast means for microenterprise and SME owners to identify relevant and beneficial aspects of the agreement; |
| --- | --- |

65.

| 66. | Urges the Commission to pursue a level playing field and a regulatory environment in which SMEs can thrive and compete globally and to consider the deployment of trade defence instruments (TDIs) in order to reduce unfair competition resulting from illegal or unfair trade practices of third countries, including trade defence measures unfairly blocking EU businesses from enjoying free access to their markets; |
| --- | --- |

66.

| 67. | Considers that national and European public administrations should lead by example and facilitate and increase the participation of SMEs and micro-enterprises in public procurement, by simplifying access to information regarding calls for tenders and procedures, while avoiding disproportionate requirements and discriminatory practices such as tendering criteria that set demands or qualifications beyond the fundamental elements of the service or goods purchased, and thereby contribute to the shortening and diversification of supply chains; |
| --- | --- |

67.

| 68. | Calls for more guidance to be provided to public authorities and SMEs on existing flexibilities and the adaptation of public procurement rules to this end; |
| --- | --- |

68.

| 69. | Notes that the division of larger contracts into smaller lots could contribute to the shortening and diversification of supply chains, offering better incentives for local SMEs including by facilitating SMEs’ participation in innovation procurements and pre-commercial procurements, which are generally accessible only to larger groups; |
| --- | --- |

69.

| 70. | Calls for the valuing of ‘Km 0 contracts’ by providing for premium criteria for local businesses, by borrowing in this regard from the European agricultural legislation and shorter supply chains; calls for the possibility for public policy makers to favour contracts with local SMEs to a certain extent; |
| --- | --- |

70.

| 71. | Underlines the importance of working in partnership with national administrators to create a European public procurement market which is based on moderate-sized tenders that allow SMEs to participate in the procurement process, including through the division of larger contracts into smaller lots, and where real and fair competition between market actors can take place, and highlights the need to make the European single procurement document (ESPD) more accessible to SMEs; |
| --- | --- |

71.

o

o o

| 72. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

72.

---

(1)  OJ L 124, 20.5.2003, p. 36.

(2)  OJ L 48, 23.2.2011, p. 1.

(3)  OJ L 347, 20.12.2013, p. 33.

(4)  OJ C 68 E, 7.3.2014, p. 40.

(5)  OJ C 316, 22.9.2017, p. 57.

(6)  Texts adopted, P9_TA(2020)0054.

(7)  Texts adopted, P9_TA(2020)0124.

(8)  Texts adopted, P9_TA(2020)0206.

(9)  OJ C 377 E, 7.12.2012, p. 102.

(10)  WHO Director General’s opening remarks at the media briefing on COVID-19, 11 March 2020.

(11)  https://ec.europa.eu/growth/smes_en

(12)  OECD Economic Outlook, Volume 2020, Issue I.

(13)  https://digital-strategy.ec.europa.eu/en/policies/desi

(14)  Report prepared for the European Commission and the European Investment Bank by Innovation Finance Advisory, Funding women entrepreneurs — How to empower growth, June 2020.

(15)  Commission communication of 19 February 2020 on a European strategy for data (COM(2020)0066).

(16)  Report for the German Ministry for Economic Affairs and Energy presented by the Centre for European Policy Studies, Feasibility Study: Introducing ‘one-in-one-out’ in the European Commission, 5 December 2019.

(17)  Directive (EU) 2019/1023 of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (OJ L 172, 26.6.2019, p. 18).

---

Thursday 17 December 2020

| 29.10.2021 | EN | Official Journal of the European Union | C 445/15 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/15

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P9_TA(2020)0360

MFF, Rule of Law Conditionality and Own Resources

European Parliament resolution of 17 December 2020 on the Multiannual Financial Framework 2021-2027, the Interinstitutional Agreement, the EU Recovery Instrument and the Rule of Law Regulation (2020/2923(RSP)

(2021/C 445/02)

The European Parliament,

| — | having regard to Articles 2, 14, 15, 16 and 17 of the Treaty on the European Union (TEU) as well as Articles 295, 310, 311, 312, 322 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 2, 14, 15, 16 and 17 of the Treaty on the European Union (TEU) as well as Articles 295, 310, 311, 312, 322 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the political agreement reached on 5 November 2020 on the Regulation of the European Parliament and of the Council on a general regime of conditionality for the protection of the Union budget (‘Rule of Law Regulation’), |
| --- | --- |

—

having regard to the political agreement reached on 5 November 2020 on the Regulation of the European Parliament and of the Council on a general regime of conditionality for the protection of the Union budget (‘Rule of Law Regulation’),

| — | having regard to the political agreements, including the joint and unilateral declarations, reached on 10 November 2020 on the Multiannual Financial Framework 2021-2027 (‘the MFF’), the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (‘the IIA’) and the EU Recovery Instrument (‘EURI’), |
| --- | --- |

—

having regard to the political agreements, including the joint and unilateral declarations, reached on 10 November 2020 on the Multiannual Financial Framework 2021-2027 (‘the MFF’), the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (‘the IIA’) and the EU Recovery Instrument (‘EURI’),

| — | having regard to the conclusions of the European Council adopted on 21 July 2020, |
| --- | --- |

—

having regard to the conclusions of the European Council adopted on 21 July 2020,

| — | having regard to the European Parliament resolution on 23 July 2020, |
| --- | --- |

—

having regard to the European Parliament resolution on 23 July 2020,

| — | having regard to the European Parliament letter on the Rule of Law by Group leaders to Mrs Angela Merkel, Chancellor of the Federal Republic of Germany and Presidency of the Council of the EU, and to Mrs Ursula von der Leyen, President of the European Commission, of 26 August 2020, |
| --- | --- |

—

having regard to the European Parliament letter on the Rule of Law by Group leaders to Mrs Angela Merkel, Chancellor of the Federal Republic of Germany and Presidency of the Council of the EU, and to Mrs Ursula von der Leyen, President of the European Commission, of 26 August 2020,

| — | having regard to the European Parliament statement by the Conference of Presidents on long-term EU budget and Rule of Law of 18 November 2020, |
| --- | --- |

—

having regard to the European Parliament statement by the Conference of Presidents on long-term EU budget and Rule of Law of 18 November 2020,

| — | having regard to the conclusions of the European Council adopted on 11 December 2020, |
| --- | --- |

—

having regard to the conclusions of the European Council adopted on 11 December 2020,

| — | having regard to Rule 132(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 132(2) of its Rules of Procedure,

| A. | whereas the European Union is a Union of values as enshrined in Article 2 TEU; |
| --- | --- |

A.

whereas the European Union is a Union of values as enshrined in Article 2 TEU;

| B. | whereas the COVID-19 outbreak has claimed thousands of lives in Europe and the world and has led to an unprecedented crisis with disastrous consequences for people, workers and businesses, and therefore requires an unprecedented response, especially after the second wave of COVID-19 and until the pandemic is effectively over; |
| --- | --- |

B.

whereas the COVID-19 outbreak has claimed thousands of lives in Europe and the world and has led to an unprecedented crisis with disastrous consequences for people, workers and businesses, and therefore requires an unprecedented response, especially after the second wave of COVID-19 and until the pandemic is effectively over;

| C. | whereas the political debate within the European Council led to the delay of the entire process thus delaying the MFF, the IIA, the EURI and Rule of Law Regulation negotiations, adoption and implementation; |
| --- | --- |

C.

whereas the political debate within the European Council led to the delay of the entire process thus delaying the MFF, the IIA, the EURI and Rule of Law Regulation negotiations, adoption and implementation;

| D. | whereas an effective Rule of Law Regulation and the introduction of new own resources were a pre-condition of the European Parliament to agree with the MFF package; |
| --- | --- |

D.

whereas an effective Rule of Law Regulation and the introduction of new own resources were a pre-condition of the European Parliament to agree with the MFF package;

| E. | whereas the Union’s co-legislators have been able to reach on unprecedented agreements during 2020; |
| --- | --- |

E.

whereas the Union’s co-legislators have been able to reach on unprecedented agreements during 2020;

| 1. | Welcomes the political agreements, including the joint and unilateral declarations, reached by co-legislators on 5 November 2020, on the Rule of Law Regulation and on 10 November 2020, on the MFF, the IIA and the EURI; highlights that those historical political agreements include, amongst others, the following provisions:






  — | An unprecedented EUR 1,8 trillion package consisting of the MFF 2021-2027 (EUR 1 074 moving progressively to EUR 1 085 billion), coupled with the Recovery Instrument (EUR 750 billion); |
| --- | --- | --- |

1.

—

An unprecedented EUR 1,8 trillion package consisting of the MFF 2021-2027 (EUR 1 074 moving progressively to EUR 1 085 billion), coupled with the Recovery Instrument (EUR 750 billion);

| — | EUR 16 billion top-up to the MFF 2021-2027 to be distributed to EU flagship programmes identified by the EP (EU4Health, Horizon Europe, Erasmus +, Integrated Border Management Fund, Frontex, InvestEU, Rights & Values, Creative Europe, Humanitarian Aid and NDICI) and to strengthen budgetary response to unforeseen events; |
| --- | --- |

—

EUR 16 billion top-up to the MFF 2021-2027 to be distributed to EU flagship programmes identified by the EP (EU4Health, Horizon Europe, Erasmus +, Integrated Border Management Fund, Frontex, InvestEU, Rights & Values, Creative Europe, Humanitarian Aid and NDICI) and to strengthen budgetary response to unforeseen events;

| — | A legally binding roadmap to introduce new Own Resources in the course of the next MFF in the course of the next MFF, which should be, at least, sufficient to cover the future repayment costs (principal and interests) of the EU Recovery Instrument; |
| --- | --- |

—

A legally binding roadmap to introduce new Own Resources in the course of the next MFF in the course of the next MFF, which should be, at least, sufficient to cover the future repayment costs (principal and interests) of the EU Recovery Instrument;

| — | A legally binding minimum share for climate-related spending of at least 30 % of the MFF and the NGEU and for biodiversity-related spending of 7,5 % in 2024 and 10 % in 2026 onwards of the MFF; |
| --- | --- |

—

A legally binding minimum share for climate-related spending of at least 30 % of the MFF and the NGEU and for biodiversity-related spending of 7,5 % in 2024 and 10 % in 2026 onwards of the MFF;

| — | Elements to monitor spending on gender equality and mainstreaming; |
| --- | --- |

—

Elements to monitor spending on gender equality and mainstreaming;

| — | An enhanced role for the European Parliament as budgetary authority, in the management of the EU Recovery Instrument and the external assigned revenue, as well as in the establishment of future emergency instruments to be based on the Article 122 TFEU; |
| --- | --- |

—

An enhanced role for the European Parliament as budgetary authority, in the management of the EU Recovery Instrument and the external assigned revenue, as well as in the establishment of future emergency instruments to be based on the Article 122 TFEU;

| — | A functioning Rule of Law conditionality; |
| --- | --- |

—

A functioning Rule of Law conditionality;

| 2. | Recalls the historic importance of the package and its potential with regards to secure a quick recovery from the COVID-19 pandemic and its social-economic effects and meet Union’s challenges for the next seven years, including the Green Deal, the digital transition and the protection of its values and of the money of EU taxpayers; |
| --- | --- |

2.

| 3. | Welcomes the outcome of the European Council endorsing the abovementioned political agreements at its meeting of 10 and 11 December 2020; welcomes that the Heads of State and Government have reached an agreement to allow for the MFF, the IIA, the EURI and the Rule of Law Regulation to enter into force on 1 January 2021; welcomes that the legal texts remain unchanged; |
| --- | --- |

3.

| 4. | Strongly regrets, however, that, due to the unanimity rule in the Council, the adoption of the entire package, including the new EU programmes for the period 2021-2027, cause unduly delay for the entire process; recalls that the content of the European Council conclusions on the Regulation on a general regime of conditionality for the protection of the Union budget is superfluous; recalls that the applicability, purpose and scope of the Rule of Law Regulation is clearly defined in the legal text of the said Regulation; |
| --- | --- |

4.

| 5. | Recalls that in accordance with Article 15(1) TEU, the European Council shall not exercise legislative functions; considers, therefore, that any political declaration of the European Council cannot be deemed to represent an interpretation of legislation as interpretation is vested with the European Court of Justice (CJEU); |
| --- | --- |

5.

| 6. | Recalls that the Commission and its President are elected by the European Parliament; recalls that in accordance with Article 17(1) TEU, the Commission shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them; affirms, therefore, that the Commission shall, at any moment and in any circumstances, abide by law, dura lex sed lex; |
| --- | --- |

6.

| 7. | Recalls that in accordance with Article 17(3) TEU, the Commission shall be completely independent; |
| --- | --- |

7.

| 8. | Recalls that in accordance with Article 17(8) TEU, the Commission shall be responsible to the European Parliament; recalls that Parliament has several legal means at its disposal to make sure that the Commission respects its treaty obligation, including the discharge procedure, in order to assess the proper management of Union funds; stresses, furthermore, that Parliament has several legal and political means at its disposal to make sure that the law is enforced by everyone and by EU institutions in the first place; stresses that the conclusions of the European Council cannot be made binding on the Commission in applying legal acts; |
| --- | --- |

8.

| 9. | Stresses that co-legislators have agreed that the Regulation on a general regime of conditionality for the protection of the Union budget shall apply from 1 January 2021 and will have to be applied to all commitments and payments; recalls that the applicability of this Regulation cannot be subject to adoption of any guidelines, as the text agreed is sufficiently clear, and no implementing instruments are foreseen; expects the Commission, as the guardian of the Treaties, to ensure that the Regulation is fully applicable from the date agreed by the co-legislators and recalls that annulment of the Regulation or part of it is only possible by the CJEU; affirms that if a Member State seeks the annulment of the Regulation or the parts thereof, Parliament will defend its validity before the Court and expects the Commission to intervene in support of Parliament’s position; highlights, in such case, that Parliament will ask that the Court proceed in an expedited procedure; recalls Article 265 TFEU and states its readiness to make use of it; |
| --- | --- |

9.

| 10. | Takes the view that the need for full parliamentary involvement in the operation of Next Generation EU has to see the light; stresses that the ongoing trilogue has to provide a satisfactory outcome on this point; |
| --- | --- |

10.

| 11. | Takes the view that the overcoming of the hurdles posed by unanimity requirement in Council regarding the adoption of the MFF and own resources decision, among other instances, shall be addressed in the upcoming Conference on the Future of Europe; |
| --- | --- |

11.

| 12. | Instructs its President to forward this resolution to the Council, the European Council and the Commission. |
| --- | --- |

12.

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/18 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/18

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P9_TA(2020)0361

Implementation of the Dublin III Regulation

European Parliament resolution of 17 December 2020 on the implementation of the Dublin III Regulation (2019/2206(INI))

(2021/C 445/03)

The European Parliament,

| — | having regard to Article 78(2)(e) of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Article 78(2)(e) of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Article 80 of the TFEU, on the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States, |
| --- | --- |

—

having regard to Article 80 of the TFEU, on the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States,

| — | having regard to Articles 1, 2, 3, 4, 18, 19 and 47 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Articles 1, 2, 3, 4, 18, 19 and 47 of the Charter of Fundamental Rights of the European Union,

| — | having regard to Articles 2, 3, 5, 8 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), |
| --- | --- |

—

having regard to Articles 2, 3, 5, 8 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR),

| — | having regard to Article 14 of the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948, |
| --- | --- |

—

having regard to Article 14 of the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948,

| — | having regard to the UN Global Compact on Refugees, |
| --- | --- |

—

having regard to the UN Global Compact on Refugees,

| — | having regard to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (Geneva Convention), |
| --- | --- |

—

having regard to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (Geneva Convention),

| — | having regard to Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 on establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast), known as the Dublin III Regulation (1), |
| --- | --- |

—

having regard to Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 on establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast), known as the Dublin III Regulation (1),

| — | having regard to Council Decisions (EU) 2015/1523 of 14 September 2015 (2) and (EU) 2015/1601 of 22 September 2015 (3) establishing provisional measures in the area of international protection for the benefit of Italy and of Greece, |
| --- | --- |

—

having regard to Council Decisions (EU) 2015/1523 of 14 September 2015 (2) and (EU) 2015/1601 of 22 September 2015 (3) establishing provisional measures in the area of international protection for the benefit of Italy and of Greece,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2016)0270) to reform the Dublin III Regulation, |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2016)0270) to reform the Dublin III Regulation,

| — | having regard to the negotiating mandate adopted by the Committee on Civil Liberties, Justice and Home Affairs on 19 October 2017, which was approved in Plenary on 16 November 2017, and confirmed by the Conference of Presidents on 17 October 2019, |
| --- | --- |

—

having regard to the negotiating mandate adopted by the Committee on Civil Liberties, Justice and Home Affairs on 19 October 2017, which was approved in Plenary on 16 November 2017, and confirmed by the Conference of Presidents on 17 October 2019,

| — | having regard to its resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to Migration (4), |
| --- | --- |

—

having regard to its resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to Migration (4),

| — | having regard to the judgments of the Court of Justice of the European Union related to Regulation (EU) No 604/2013, in particular C-695/15 PPU Mirza (ECLI:EU: C:2016:188), C-63/15 Ghezelbash (Grand Chamber) (*) (ECLI:EU:C:2016:409), C-155/15, Karim (ECLI:EU:C:2016:410), C-578/16 PPU C.K. and others (*) (ECLI:EU:C:2017:127), C-528/15 Al Chodor (ECLI:EU:C:2017:213), C-36/17 Ahmed (Order) (ECLI:EU:C:2017:273), C-490/16 A.S. (Grand Chamber) (ECLI:EU:C:2017:585), C-646/16 Jafari (Grand Chamber) (*) (ECLI:EU:C:207:586), C-670/16 Mengesteab (Grand Chamber) (ECLI:EU:C:2017:587), C-60/16 Khir Amayri, ECLI:EU:C:2017:675, C-201/16 Shiri, (ECLI:EU:C:2017:805), C-360/16 Hasan (ECLI:EU:C:2018:35), C-647/16 Hassan (ECLI:EU:C:2018:368), C-213/17 X (ECLI:EU:C:2018:538), C-56/17 Fathi (ECLI:EU:C:2018:803), C-47/17 X (Grand Chamber) (ECLI:EU:C:2018:900), C-661/17 M.A. and others (Grand Chamber) (*) (ECLI:EU:C:2019:53), C-163/17 Jawo (Grand Chamber) (*) (ECLI:EU:C:2019:218), C-582/17 H. (Grand Chamber) (*) ECLI:EU:C:2019:280, and C-715/17, C-718/17 and C-719/17 Commission v Poland, Hungary and the Czech Republic, |
| --- | --- |

—

having regard to the judgments of the Court of Justice of the European Union related to Regulation (EU) No 604/2013, in particular C-695/15 PPU Mirza (ECLI:EU: C:2016:188), C-63/15 Ghezelbash (Grand Chamber) (*) (ECLI:EU:C:2016:409), C-155/15, Karim (ECLI:EU:C:2016:410), C-578/16 PPU C.K. and others (*) (ECLI:EU:C:2017:127), C-528/15 Al Chodor (ECLI:EU:C:2017:213), C-36/17 Ahmed (Order) (ECLI:EU:C:2017:273), C-490/16 A.S. (Grand Chamber) (ECLI:EU:C:2017:585), C-646/16 Jafari (Grand Chamber) (*) (ECLI:EU:C:207:586), C-670/16 Mengesteab (Grand Chamber) (ECLI:EU:C:2017:587), C-60/16 Khir Amayri, ECLI:EU:C:2017:675, C-201/16 Shiri, (ECLI:EU:C:2017:805), C-360/16 Hasan (ECLI:EU:C:2018:35), C-647/16 Hassan (ECLI:EU:C:2018:368), C-213/17 X (ECLI:EU:C:2018:538), C-56/17 Fathi (ECLI:EU:C:2018:803), C-47/17 X (Grand Chamber) (ECLI:EU:C:2018:900), C-661/17 M.A. and others (Grand Chamber) (*) (ECLI:EU:C:2019:53), C-163/17 Jawo (Grand Chamber) (*) (ECLI:EU:C:2019:218), C-582/17 H. (Grand Chamber) (*) ECLI:EU:C:2019:280, and C-715/17, C-718/17 and C-719/17 Commission v Poland, Hungary and the Czech Republic,

| — | having regard to the judgments of the European Court of Human Rights related to Regulation (EU) No 604/2013, and in particular Sharifi v. Austria of 5 December 2013 (Chamber judgment), Mohammadi v. Austria of 3 July 2014 (Chamber judgment), Sharifi and Others v. Italy and Greece of 21 October 2014 (Chamber judgment), and Tarakhel v. Switzerland of 4 November 2014 (Grand Chamber judgment), and ECtHR — M.S.S. v Belgium and Greece (GC), Application No. 30696/09, Judgement of 21 November 2011, related to Regulation (EC) No 343/2003 of 18 February 2003 (Dublin II), |
| --- | --- |

—

having regard to the judgments of the European Court of Human Rights related to Regulation (EU) No 604/2013, and in particular Sharifi v. Austria of 5 December 2013 (Chamber judgment), Mohammadi v. Austria of 3 July 2014 (Chamber judgment), Sharifi and Others v. Italy and Greece of 21 October 2014 (Chamber judgment), and Tarakhel v. Switzerland of 4 November 2014 (Grand Chamber judgment), and ECtHR — M.S.S. v Belgium and Greece (GC), Application No. 30696/09, Judgement of 21 November 2011, related to Regulation (EC) No 343/2003 of 18 February 2003 (Dublin II),

| — | having regard to the Commission’s European Agenda on Migration of 13 May 2015 (COM(2015)0240), |
| --- | --- |

—

having regard to the Commission’s European Agenda on Migration of 13 May 2015 (COM(2015)0240),

| — | having regard to the so-called Malta Declaration of September 2019, |
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—

having regard to the so-called Malta Declaration of September 2019,

| — | having regard to the study by the United Nations High Commissioner for Refugees of August 2017 entitled ‘Left in Limbo’, on the implementation of the Dublin III Regulation, |
| --- | --- |

—

having regard to the study by the United Nations High Commissioner for Refugees of August 2017 entitled ‘Left in Limbo’, on the implementation of the Dublin III Regulation,

| — | having regard to the evaluation of the Dublin III Regulation of 2015 and the evaluation of the implementation of the Dublin III Regulation of 2016, carried out on behalf of the Commission by ICF International, |
| --- | --- |

—

having regard to the evaluation of the Dublin III Regulation of 2015 and the evaluation of the implementation of the Dublin III Regulation of 2016, carried out on behalf of the Commission by ICF International,

| — | having regard to the European Court of Auditors’ Special Report 2019/24 of November 2019 entitled ‘Asylum, relocation and return of migrants: time to step up action to address disparities between objectives and results’, |
| --- | --- |

—

having regard to the European Court of Auditors’ Special Report 2019/24 of November 2019 entitled ‘Asylum, relocation and return of migrants: time to step up action to address disparities between objectives and results’,

| — | having regard to the Commission communication entitled ‘COVID-19: Guidance on the implementation of relevant EU provisions in the area of asylum and return procedures and on resettlement’ (2020/C 126/02), |
| --- | --- |

—

having regard to the Commission communication entitled ‘COVID-19: Guidance on the implementation of relevant EU provisions in the area of asylum and return procedures and on resettlement’ (2020/C 126/02),

| — | having regard to the report of the European Asylum Support Office of 2 June 2020 on COVID-19 emergency measures in asylum and reception systems, |
| --- | --- |

—

having regard to the report of the European Asylum Support Office of 2 June 2020 on COVID-19 emergency measures in asylum and reception systems,

| — | having regard to the report entitled ‘Annual Report on the Situation of Asylum in the European Union’ of the European Asylum Support Office (EASO) of June 2020, |
| --- | --- |

—

having regard to the report entitled ‘Annual Report on the Situation of Asylum in the European Union’ of the European Asylum Support Office (EASO) of June 2020,

| — | having regard to the implementation assessment by the European Parliament Research Service (EPRS) of the Dublin Regulation of January 2019, drawn up by Dr Amandine Scherrer of the Ex-Post Evaluation Unit of Parliament’s Directorate for Impact Assessment and European Added Value (first part) and by the research team of the European Council on Refugees and Exiles (ECRE), at the request of the Ex-Post Evaluation Unit (second part), |
| --- | --- |

—

having regard to the implementation assessment by the European Parliament Research Service (EPRS) of the Dublin Regulation of January 2019, drawn up by Dr Amandine Scherrer of the Ex-Post Evaluation Unit of Parliament’s Directorate for Impact Assessment and European Added Value (first part) and by the research team of the European Council on Refugees and Exiles (ECRE), at the request of the Ex-Post Evaluation Unit (second part),

| — | having regard to other studies commissioned by the European Parliament, in particular the EPRS’s implementation appraisal of the Dublin Regulation and asylum procedures in Europe by Gertrud Malmersjo and Milan Remáč of 2016, the study of the Policy Department for Citizens’ Rights and Constitutional Affairs (Directorate-General for Internal Policies) on the reform of the Dublin III Regulation by Francesco Maiani of June 2016, the EPRS study ‘The Cost of Non-Europe in Asylum Policy’ by Wouter van Ballegooij and Cecilia Navarra of October 2018, and the EPRS study on the reform of the Dublin system by Anja Radjenovic of March 2019, |
| --- | --- |

—

having regard to other studies commissioned by the European Parliament, in particular the EPRS’s implementation appraisal of the Dublin Regulation and asylum procedures in Europe by Gertrud Malmersjo and Milan Remáč of 2016, the study of the Policy Department for Citizens’ Rights and Constitutional Affairs (Directorate-General for Internal Policies) on the reform of the Dublin III Regulation by Francesco Maiani of June 2016, the EPRS study ‘The Cost of Non-Europe in Asylum Policy’ by Wouter van Ballegooij and Cecilia Navarra of October 2018, and the EPRS study on the reform of the Dublin system by Anja Radjenovic of March 2019,

| — | having regard to the hearing of the Committee on Civil Liberties, Justice and Home Affairs (LIBE) held on 19 February 2020, |
| --- | --- |

—

having regard to the hearing of the Committee on Civil Liberties, Justice and Home Affairs (LIBE) held on 19 February 2020,

| — | having regard to the replies by Member State Parliaments on their work on the Dublin III Regulation provided through the automated European Centre for Parliamentary Research and Documentation system, |
| --- | --- |

—

having regard to the replies by Member State Parliaments on their work on the Dublin III Regulation provided through the automated European Centre for Parliamentary Research and Documentation system,

| — | having regard to the answer provided by Germany to a list of five questions sent by the LIBE Chair and the rapporteur to all national authorities involved in the Dublin procedure, |
| --- | --- |

—

having regard to the answer provided by Germany to a list of five questions sent by the LIBE Chair and the rapporteur to all national authorities involved in the Dublin procedure,

| — | having regard to the fact-finding journeys by the rapporteur to Bochum (Germany), Ter Apel (Netherlands), Bucharest (Romania), and Lampedusa (Italy), |
| --- | --- |

—

having regard to the fact-finding journeys by the rapporteur to Bochum (Germany), Ter Apel (Netherlands), Bucharest (Romania), and Lampedusa (Italy),

| — | having regard to Rule 54 of its Rules of Procedure, as well as to Article 1(1)(e) and Annex 3 of the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure, as well as to Article 1(1)(e) and Annex 3 of the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

| — | having regard to the letter from the Committee on Women’s Rights and Gender Equality, |
| --- | --- |

—

having regard to the letter from the Committee on Women’s Rights and Gender Equality,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0245/2020), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0245/2020),

| A. | whereas 1 393 920 asylum seekers applied for international protection in EU+ countries in 2015 and 1 292 740 in 2016, a fourfold increase compared to 2012 (373 375 applications) and 2013 (464 515); whereas the number of applications for international protection in EU+ countries rose again between 2018 (665 920) and 2019 (738 425), equivalent to 0,13 % of the total population of the EU in 2019; |
| --- | --- |

A.

whereas 1 393 920 asylum seekers applied for international protection in EU+ countries in 2015 and 1 292 740 in 2016, a fourfold increase compared to 2012 (373 375 applications) and 2013 (464 515); whereas the number of applications for international protection in EU+ countries rose again between 2018 (665 920) and 2019 (738 425), equivalent to 0,13 % of the total population of the EU in 2019;

| B. | whereas children account for almost half of the asylum requests filed in the EU, and about 17 700 unaccompanied minors lodged an application for international protection in 2019; whereas 86 % of them were boys, and 90 % were aged between 14 and 18; |
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B.

whereas children account for almost half of the asylum requests filed in the EU, and about 17 700 unaccompanied minors lodged an application for international protection in 2019; whereas 86 % of them were boys, and 90 % were aged between 14 and 18;

| C. | whereas a Member State that issues a visa to a third-country national is responsible for examining the application for international protection according to Article 12 of the Dublin III Regulation; whereas, according to Article 14 of the Dublin III Regulation, the application of a third country national or a stateless person who entered the territory of a Member State granting a visa waiver shall be examined by this Member State; |
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C.

whereas a Member State that issues a visa to a third-country national is responsible for examining the application for international protection according to Article 12 of the Dublin III Regulation; whereas, according to Article 14 of the Dublin III Regulation, the application of a third country national or a stateless person who entered the territory of a Member State granting a visa waiver shall be examined by this Member State;

| D. | whereas there were 145 000 decisions on Dublin requests in 2019; whereas the acceptance rate for decisions on Dublin requests was 62 % in 2019; |
| --- | --- |

D.

whereas there were 145 000 decisions on Dublin requests in 2019; whereas the acceptance rate for decisions on Dublin requests was 62 % in 2019;

| E. | whereas one-third of Member States hosted 90 % of asylum seekers between 2008 and 2017; |
| --- | --- |

E.

whereas one-third of Member States hosted 90 % of asylum seekers between 2008 and 2017;

| F. | whereas the criteria for establishing the responsibility of a Member State for an asylum application include, in hierarchical order, the family unit, the issuance of residence permits or visas, irregular entry or stay, and visa-waived entry; whereas, if none of these criteria apply, the Member State in which an asylum application was first made becomes the Member State responsible under Article 3(2); whereas, as a consequence of the disproportionate use of Article 13, according to which it is the responsibility of the Member State of first irregular entry to examine an asylum application, responsibilities are not distributed fairly among the Member States; whereas several ‘first-entry’ Member States in the Mediterranean, namely Greece, Italy, Malta, Cyprus and Spain, received a large proportion of first time applications, in particular during the 2015-16 crisis; |
| --- | --- |

F.

whereas the criteria for establishing the responsibility of a Member State for an asylum application include, in hierarchical order, the family unit, the issuance of residence permits or visas, irregular entry or stay, and visa-waived entry; whereas, if none of these criteria apply, the Member State in which an asylum application was first made becomes the Member State responsible under Article 3(2); whereas, as a consequence of the disproportionate use of Article 13, according to which it is the responsibility of the Member State of first irregular entry to examine an asylum application, responsibilities are not distributed fairly among the Member States; whereas several ‘first-entry’ Member States in the Mediterranean, namely Greece, Italy, Malta, Cyprus and Spain, received a large proportion of first time applications, in particular during the 2015-16 crisis;

| G. | whereas in 2018, Germany (82.8 million inhabitants, 18,6 % of total EU population) recorded the largest number of applications (184 180, or 28 % of total applications, equivalent to 0.22 % of its population), followed by France (66.9 million inhabitants, 15 % of total EU population) with 120 425 applications (19 % of total applications, equivalent to 0 18 % of its population), Greece (10.74 million inhabitants, 2.4 % of total EU population) with 66 695 applications (11 % of total applications, 0.62 % of its population), Italy (60.48 million inhabitants, 13.6 % of total EU population) with 59 950 applications (10 % of total applications, 0.01 % of its population), and Spain (46.66 million inhabitants, 10.49 % of total EU population) with 52 700 applications (9 % of total applications, and 0.11 % of its population); |
| --- | --- |

G.

whereas in 2018, Germany (82.8 million inhabitants, 18,6 % of total EU population) recorded the largest number of applications (184 180, or 28 % of total applications, equivalent to 0.22 % of its population), followed by France (66.9 million inhabitants, 15 % of total EU population) with 120 425 applications (19 % of total applications, equivalent to 0 18 % of its population), Greece (10.74 million inhabitants, 2.4 % of total EU population) with 66 695 applications (11 % of total applications, 0.62 % of its population), Italy (60.48 million inhabitants, 13.6 % of total EU population) with 59 950 applications (10 % of total applications, 0.01 % of its population), and Spain (46.66 million inhabitants, 10.49 % of total EU population) with 52 700 applications (9 % of total applications, and 0.11 % of its population);

| H. | whereas between 2016 and 2019, Germany and France issued by far the most Dublin requests (68 % of the EU total), while Spain, Estonia, Lithuania, Latvia, Slovakia, Bulgaria, Poland and Czech Republic issued few requests; whereas Spain issued almost no Dublin requests, despite a large and growing number of asylum applications; whereas there are significant differences between countries, with 54.6 % of transfers carried out from Greece, 42.2 % from Sweden, 11.2 % from Germany, 6.7 % from France, and 1.6 % from Italy between 2016 and 2019; whereas there is a significant information gap for a number of countries; |
| --- | --- |

H.

whereas between 2016 and 2019, Germany and France issued by far the most Dublin requests (68 % of the EU total), while Spain, Estonia, Lithuania, Latvia, Slovakia, Bulgaria, Poland and Czech Republic issued few requests; whereas Spain issued almost no Dublin requests, despite a large and growing number of asylum applications; whereas there are significant differences between countries, with 54.6 % of transfers carried out from Greece, 42.2 % from Sweden, 11.2 % from Germany, 6.7 % from France, and 1.6 % from Italy between 2016 and 2019; whereas there is a significant information gap for a number of countries;

| I. | whereas the Dublin III Regulation is based on the core assumption that asylum seekers are afforded equal rights across Member States, and that each claim gets a fair examination, wherever the claim is lodged in the EU; whereas this is far from being a reality; |
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I.

whereas the Dublin III Regulation is based on the core assumption that asylum seekers are afforded equal rights across Member States, and that each claim gets a fair examination, wherever the claim is lodged in the EU; whereas this is far from being a reality;

| J. | whereas Member States have made only very limited use of the dependent persons clause (Article 16) or the humanitarian and discretionary (Article 17) clause in the Regulation; whereas these clauses provide reasonable solutions for family reunification or relocations, including following disembarkations; |
| --- | --- |

J.

whereas Member States have made only very limited use of the dependent persons clause (Article 16) or the humanitarian and discretionary (Article 17) clause in the Regulation; whereas these clauses provide reasonable solutions for family reunification or relocations, including following disembarkations;

| K. | whereas in most Dublin procedures the provisions on the hierarchy of criteria and the deadlines established are not properly implemented, and transfers are not carried out; whereas in situations involving children and families, these shortcomings are particularly harmful to the best interests of the child and the right of asylum seekers to family reunification; |
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K.

whereas in most Dublin procedures the provisions on the hierarchy of criteria and the deadlines established are not properly implemented, and transfers are not carried out; whereas in situations involving children and families, these shortcomings are particularly harmful to the best interests of the child and the right of asylum seekers to family reunification;

| L. | whereas data and studies on the implementation of the Dublin III Regulation highlight routine disregard for family provisions and incorrect application of the principle of the best interests of the child; whereas, for instance, in 2018, the family unit criterion was invoked in just 5 % of ‘take charge’ requests in France (out of 12 000) and in 3.7 % in Germany (out of 17 500), with even lower figures in Belgium, Sweden, Switzerland; underlines that in contrast Greece issued 79.3 % of its ‘take charge’ requests on the basis of the family unity criterion in 2018; whereas applications for family reunification are less frequently accepted (48 % of cases), compared to the average rate of acceptance for all procedures (67.6 %); whereas effective implementation of Articles 16 and 17 of the Regulation might ensure the effectiveness of asylum seekers’ right to family life and family unity; |
| --- | --- |

L.

whereas data and studies on the implementation of the Dublin III Regulation highlight routine disregard for family provisions and incorrect application of the principle of the best interests of the child; whereas, for instance, in 2018, the family unit criterion was invoked in just 5 % of ‘take charge’ requests in France (out of 12 000) and in 3.7 % in Germany (out of 17 500), with even lower figures in Belgium, Sweden, Switzerland; underlines that in contrast Greece issued 79.3 % of its ‘take charge’ requests on the basis of the family unity criterion in 2018; whereas applications for family reunification are less frequently accepted (48 % of cases), compared to the average rate of acceptance for all procedures (67.6 %); whereas effective implementation of Articles 16 and 17 of the Regulation might ensure the effectiveness of asylum seekers’ right to family life and family unity;

| M. | whereas there have been significant shortcomings in the implementation of the Dublin III Regulation, including during the high number of arrivals in 2015 and the COVID-19 pandemic, undermining trust between Member States and the right to international protection, and leading to violations of fundamental rights; whereas the Dublin III rules have proven to be unsuited to dealing with substantial influxes of migrants, resulting in a system that places excessive responsibility and burdens upon a few Member States; |
| --- | --- |

M.

whereas there have been significant shortcomings in the implementation of the Dublin III Regulation, including during the high number of arrivals in 2015 and the COVID-19 pandemic, undermining trust between Member States and the right to international protection, and leading to violations of fundamental rights; whereas the Dublin III rules have proven to be unsuited to dealing with substantial influxes of migrants, resulting in a system that places excessive responsibility and burdens upon a few Member States;

| N. | whereas the temporary solidarity mechanism for search and rescue in the Mediterranean agreed in the Malta Declaration, and signed on 23 September 2019 by Germany, France, Italy and Malta, was valid for a period of at least six months; whereas no other Member State joined this ad hoc agreement; |
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N.

whereas the temporary solidarity mechanism for search and rescue in the Mediterranean agreed in the Malta Declaration, and signed on 23 September 2019 by Germany, France, Italy and Malta, was valid for a period of at least six months; whereas no other Member State joined this ad hoc agreement;

| O. | whereas the preventive action provision (Article 33) has never been used; |
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O.

whereas the preventive action provision (Article 33) has never been used;

| P. | whereas Article 28 of the Dublin III Regulation allows detention as an exceptional measure ‘to secure transfer procedures’ if there is a ‘significant risk’ of the applicant absconding; whereas this definition remains unclear and its interpretation varies between Member State; |
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P.

whereas Article 28 of the Dublin III Regulation allows detention as an exceptional measure ‘to secure transfer procedures’ if there is a ‘significant risk’ of the applicant absconding; whereas this definition remains unclear and its interpretation varies between Member State;

| Q. | whereas there is lack of compliance on procedural guarantees and safeguards for asylum seekers, especially children; whereas the length of the procedures and the lack of predictable outcomes coupled with poor reception conditions and social precariousness have impacts on the well-being of asylum-seekers, who in many cases have undergone traumatic experiences back home and/or on their way to the EU; |
| --- | --- |

Q.

whereas there is lack of compliance on procedural guarantees and safeguards for asylum seekers, especially children; whereas the length of the procedures and the lack of predictable outcomes coupled with poor reception conditions and social precariousness have impacts on the well-being of asylum-seekers, who in many cases have undergone traumatic experiences back home and/or on their way to the EU;

| R. | whereas the implementation of the Dublin III Regulation is closely linked to the implementation of other European asylum and migration policy files; whereas, in particular, flaws in the implementation of the recast Asylum Procedures Directive (2013/32/EU), the recast Reception Directive (2013/33/EU) and the recast Qualification Directive (2011/95/EU) have had an impact on the implementation of the Dublin III Regulation; whereas the Commission should do more to ensure Member States comply with these Directives, including through infringement procedures; |
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R.

whereas the implementation of the Dublin III Regulation is closely linked to the implementation of other European asylum and migration policy files; whereas, in particular, flaws in the implementation of the recast Asylum Procedures Directive (2013/32/EU), the recast Reception Directive (2013/33/EU) and the recast Qualification Directive (2011/95/EU) have had an impact on the implementation of the Dublin III Regulation; whereas the Commission should do more to ensure Member States comply with these Directives, including through infringement procedures;

| S. | whereas some of these flaws are inherent to the design of the Dublin Regulation and cannot be solved through better implementation alone; |
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S.

whereas some of these flaws are inherent to the design of the Dublin Regulation and cannot be solved through better implementation alone;

| T. | whereas information gaps prevent a comprehensive evaluation of the implementation of the Dublin III Regulation; whereas statistical information is not systematically and consistently provided by Member States, and not with the same level of detail or frequency; whereas key information gaps cover grounds for requests, duration of procedures, resources, withdrawn applications, failed transfers, appeals processes and detention; |
| --- | --- |

T.

whereas information gaps prevent a comprehensive evaluation of the implementation of the Dublin III Regulation; whereas statistical information is not systematically and consistently provided by Member States, and not with the same level of detail or frequency; whereas key information gaps cover grounds for requests, duration of procedures, resources, withdrawn applications, failed transfers, appeals processes and detention;

| U. | whereas on 6 November 2017 Parliament adopted a legislative Resolution on the Dublin IV recast proposal by a two-thirds majority; |
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U.

whereas on 6 November 2017 Parliament adopted a legislative Resolution on the Dublin IV recast proposal by a two-thirds majority;

Incorporating the principle of solidarity into the Common European Asylum System

| 1. | Considers that the current Dublin III Regulation imposes a disproportionate responsibility on a minority of Member States, in particular when high numbers of arrivals occur; considers that owing to their geographical location the first country of entry criterion in the Dublin III Regulation puts an unprecedented and disproportionate burden on frontline countries in terms of registration and reception of asylum seekers; points out that the Dublin III Regulation, as designed and implemented, has failed to guarantee its main objective, namely swiftly determining the Member State responsible for an asylum application, and thus to ensure a fair distribution of responsibility between Member States, and effective and swift access to asylum procedures; |
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1.

| 2. | Stresses that the introduction of hotspots combined with the temporary relocation programme proposed by the Commission in 2015 was intended to facilitate the management of asylum applications when applicants enter EU territory, and was a pragmatic approach that levels out the flaws in the Dublin III Regulation that were becoming apparent at that time; recalls, further, the contribution of EU agencies such as EASO and Frontex to supporting Member States facing excessive burdens in the implementation of the asylum acquis, and stresses the need to improve cooperation between these agencies; |
| --- | --- |

2.

| 3. | Stresses that the inappropriate application of the hierarchy of criteria, in particular the excessive use of the first country of entry criterion and the ineffective execution of transfers, has increased the disproportionate responsibility borne by certain Member States, especially frontline Member States; takes the view that the EU therefore needs a sustainable solidarity mechanism which establishes fair rules for the allocation of responsibility between Member States in accordance with Article 80 of the TFEU, and in full respect of the fundamental right to safety and the protection of asylum seekers; |
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3.

| 4. | Considers it essential to provide more resources and capabilities to frontline Member States, for instance via EASO, as long as Dublin is not reformed; |
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4.

| 5. | Recalls that the right to asylum is a fundamental right; stresses that the asylum procedure serves to examine applications and grant international protection to applicants who qualify, while providing for a swift and fair decision for those who do not; |
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5.

| 6. | Notes that, according to Article 24(4) of the Dublin III Regulation, Member States may either request to take back a person or carry out a return procedure in the case of persons whose application for international protection has been rejected by a final decision in a Member State; stresses that, in the context of the application of Article 24(4), the return of persons who do not qualify for international protection, especially on the basis of voluntary compliance, could help the functioning of EU migration policies; |
| --- | --- |

6.

| 7. | Welcomes the Council Decisions on relocation of 2015 and 2016 that were adopted as an urgent solidarity measure; expresses its disappointment at the Member States’ unfulfilled commitments to solidarity and responsibility sharing, while acknowledging the positive contribution of some Member States; recalls that the Commission did not follow Parliament’s call in its resolution of 18 May 2017 for a proposal to extend the relocation measures until the adoption of the reform of the Dublin III Regulation; stresses that ad hoc agreements on relocation are not a substitute for a harmonised and sustainable Common European Asylum System (CEAS); |
| --- | --- |

7.

| 8. | Deplores the fact that the Council, unlike Parliament, did not adopt a position on the Dublin IV recast proposal, and therefore blocked efforts to reform the Dublin III Regulation, in spite of its well-documented failings; takes the view that this blocking might be interpreted as a violation of the principle of mutual and sincere cooperation between the EU institutions in Article 13(2) of the TEU, and also in view of the fact that the Council has always sought unanimous agreement even though qualified majority is prescribed by the Treaties; finds it particularly regrettable that the Union still has the same set of rules which have proven to be ineffective in managing a high number of arrivals; calls for a swift reform of the CEAS; |
| --- | --- |

8.

| 9. | Notes that the mechanism for early warning, preparedness and crisis management in Article 33 has not been applied to date, not even during the high number of arrivals in 2015-16; notes, further, that the provisions in the Temporary Protection Directive that aimed to address temporary protection in case of mass influxes of displaced person unable to return to their country of origin have yet to be invoked; |
| --- | --- |

9.

| 10. | Considers that a solidarity-based mechanism in the EU should be established to ensure continuity of the fundamental right of asylum in the EU with a view to ensuring access to asylum and responsibility sharing among Member States; emphasises that the protection of asylum applicants’ fundamental rights should always remain at the centre of this mechanism; considers that such a mechanism should allow for the participation of civil society organisations providing professional assistance to people in need of international protection, particularly where this is of a legal nature; |
| --- | --- |

10.

| 11. | Underlines that the discretionary clause in Article 17, which enables a Member State to take responsibility for an asylum application, even if it has not been identified as the responsible Member State under the Dublin III Regulation, is used differently, rarely, and only by a few Member States; notes that Germany, the Netherlands and France accounted for the majority of cases in 2018; calls on all Member States to make better use of the discretionary clause in Article 17 to deal with challenging situations and humanitarian emergencies in the absence of a permanent solidarity mechanism; takes the view that the discretionary clauses of Article 17 should be used as a solidarity tool for responsibility sharing, in particular in situations of high numbers of arrivals by land and sea, or to transfer asylum seekers currently living in the hotspots in inhuman, degrading, unsanitary and unsafe conditions and without sufficient access to physical and mental health support; |
| --- | --- |

11.

| 12. | Takes the view that provisions on family unity, which are the first in the hierarchy of criteria for the establishment of responsibility, should be effectively implemented, and that the provisions on dependent persons (Article 16) and discretionary clauses (Article 17) could be used more widely to support family unity; |
| --- | --- |

12.

| 13. | Highlights the many challenges involved in implementing the Dublin III Regulation; notes the significant operational and technical support provided by EASO to Member State authorities in implementing the Dublin procedures, in particular in the hotspots; |
| --- | --- |

13.

| 14. | Calls on the Commission and the Member States to facilitate the work of EASO staff by allowing interviews of asylum seekers to be held in a language other than that of the country in which it is conducted while ensuring that the applicant is provided with interpretation in a language they understand; stresses the need for EASO to abide by the highest standards in its operational work, and to put the interests of applicants in need of international protection, including the best interests of the child, at the heart of its work; calls for the establishment of a European Asylum Agency, with sufficient financial and human resources, to support Member States with Dublin procedures; urges adequate organisation and staffing of European Dublin units in order to streamline and expedite the completion of Dublin-related procedures, and particularly to ensure the correct application of Chapter III of the Dublin III Regulation, which links an asylum-seeker to a particular Member State; |
| --- | --- |

14.

Protecting fundamental rights

| 15. | Points out that the protection of fundamental rights must be at the heart of all the measures taken to implement the Dublin III Regulation, including the protection of children, victims of trafficking, LGBTI persons and other vulnerable people; points out the human cost that the deficiencies of the CEAS is causing asylum seekers, whose mental health is already weakened by the traumas they have experienced in their country of origin and potentially along migratory routes; |
| --- | --- |

15.

| 16. | Recalls that asylum seekers have the right to be fully informed on procedures; regrets that the level of information provided to asylum seekers differs considerably between Member States; urges the Member States to guarantee that minors have tailored, child-friendly information and specific support; stresses that providing legal assistance and interpretation are key to ensuring applicants’ right to information; |
| --- | --- |

16.

| 17. | Points out that transfers of asylum seekers, and in particular of vulnerable people, minors and families, can result in violations of their human rights; reiterates that non-refoulement and human rights abuses are reason enough to suspend a transfer even when the destination country does not present systemic deficiencies; urges Member States to properly assess the risks to which applicants would be exposed in the Member State of destination; stresses in particular that transfers must be carried out in a way that under no circumstances exposes individuals to a risk of refoulement; |
| --- | --- |

17.

| 18. | Notes that, as set out in Article 28, detention of asylum seekers under the Dublin procedure may take place only as a last resort, only if it complies with the proportionality principle, and if no alternative and less coercive measure can be effectively implemented to ensure the transfer procedure can be carried out in cases where there is a significant risk of absconding; calls on Member States to make concrete efforts to find valid alternatives to detention; |
| --- | --- |

18.

| 19. | Considers that such detention shall be as brief as possible, and be for no longer than the time reasonably necessary to fulfil the administrative procedures required with due diligence until the transfer under this Regulation is carried out; stresses that in the absence of harmonised criteria for determining the risk of absconding, Member States have adopted divergent and sometimes controversial criteria; calls on the Member States and the Commission to clarify a ‘significant risk of absconding’; |
| --- | --- |

19.

| 20. | Urges the Member States and the Commission to clearly state that detention is never in the best interests of the child; |
| --- | --- |

20.

| 21. | Recalls that according to the European Court of Human Rights (5) it is unlawful to impose a detention measure on a minor without any consideration of their best interests, of their individual situation as unaccompanied minors if applicable, or without a proportionality assessment or without alternatives to detention being available; |
| --- | --- |

21.

| 22. | Stresses that the ultimate purpose of the protection of children, such as against child trafficking, shall always prevail, in order to ensure that children in migration have swift access to education, healthcare and appropriate accommodation; underlines that unaccompanied children should benefit from appropriate protection measures such as effective guardianship; |
| --- | --- |

22.

| 23. | Points out numerous and systematic deficiencies in compliance with the hierarchy of criteria; stresses that family unity is far from being the most frequent criterion applied, although it is at the top of the hierarchy in Chapter III of the Regulation; considers that Member States, based on the principle of mutual cooperation, should help the competent authorities and third country nationals in improving the establishment of existing proven family links in the procedure for determining the Member States responsible; calls on the Commission to ensure full compliance with the hierarchy of criteria; |
| --- | --- |

23.

| 24. | Regards it as essential to clarify the conditions for applying the family reunification criterion, and to give priority, as set out in Article 7(3) of the Regulation, to the application of Articles 8, 10 and 16 as the main criteria for determining the Member State responsible for examining an asylum application, in order to ensure the effectiveness of the right to family unity and quicker implementation of family reunification decisions; calls on the Commission and the Member States to harmonise the standard of proof required for family reunification in the direction of more achievable standards and requirements; points out that interpretations of what constitutes a ‘family’ vary across Member States, contributing to the lack of compliance with the hierarchy of criteria and the dysfunctionality of the system; calls therefore on the Commission to carefully monitor the sound application of the family-related definitions by Member States, as defined in Article 3 of the Regulation; |
| --- | --- |

24.

| 25. | Recalls that according to the Regulation the best interests of the child should be the primary consideration in all Dublin procedures and decisions concerning children; regrets that Member States apply different interpretations of the best interests of the child; |
| --- | --- |

25.

| 26. | Deplores that inadequate identification mechanisms and sometimes erroneous methods of age assessment often further exacerbate the situation of minors, causing delays or negatively affecting the outcome of Dublin procedures; notes that good practices have been developed in certain Member States, such as the use of specialised staff for unaccompanied minors or a multidisciplinary approach to determine age; |
| --- | --- |

26.

| 27. | Is seriously concerned that in many Member States due to practical challenges the appointment of a representative to assist unaccompanied minors in Dublin procedures is often delayed or is not guaranteed; notes also that in some countries these representatives are insufficiently informed about Dublin procedures, and that unaccompanied minors lack child-friendly support; |
| --- | --- |

27.

Simplify procedures, significantly reduce processing times and uphold the right to an effective remedy

| 28. | Stresses that the number of transfer procedures increased significantly in 2016-17, generating considerable human, material and financial costs; deplores, however, that transfers were carried out in only 11 % of cases, a further factor in the frequent overloading of asylum systems, which clearly demonstrates the lack of effectiveness of the Regulation; regards efforts to guarantee access to information and swift procedures for family reunification and the transfer of asylum seekers as essential; |
| --- | --- |

28.

| 29. | Highlights the important body of ECtHR and CJEU case law in recent years that has clarified the admissible grounds for preventing Dublin transfers, in particular any source of risk to the individual; notes in particular the increasing number of decisions by European and nationals courts to suspend transfers to Member States where an asylum seeker would be unfairly denied international protection (cases of indirect refoulement) or would be denied their rights in the Dublin procedure; deplores that asylum seekers are victims of inhuman or degrading treatment in certain Member States; |
| --- | --- |

29.

| 30. | Notes that shortcomings in the structural organisation and functioning of national asylum authorities, together with shortages of resources, have contributed to delays in Dublin procedures and hindered the application of the regulation; notes that while most countries have a single specialised authority for asylum, some Member States have chosen to share the responsibility between different authorities, creating practical complexities for asylum seekers in certain cases and divergences in the implementation of the Regulation; |
| --- | --- |

30.

| 31. | Stresses that the effectiveness of Dublin procedures also depends on the quality and staffing levels of each national asylum authority; notes important gaps between asylum authorities in terms of number of staff per asylum applicant; stresses that national Dublin units are understaffed while facing a significant increase in their workload; calls on the Member States to increase the resources for making Dublin III operational, particularly the number of asylum officers; |
| --- | --- |

31.

| 32. | Stresses the lack of cooperation and information sharing between Member States, which actively undermines the principle of EU solidarity, and directly contributes to the overburdening of systems in certain Member States; |
| --- | --- |

32.

| 33. | Stresses that the excessive and partly inappropriate application of the ‘irregular entry’ criterion puts a disproportionate burden on first entry countries, which often lack the resources and capacity to host and register asylum seekers; notes that ‘take back’ requests have been the predominant form of Dublin procedure used in recent years, meaning that most persons placed in a Dublin procedure have already applied for asylum in another Member State; notes that adequate measures to prevent secondary movements should apply to Member States in the Schengen Area, and also those outside it; |
| --- | --- |

33.

| 34. | Recalls that the time limits at each stage of the Dublin procedure are meant to keep the procedure short, and enable fast access to the asylum procedure; notes that there are still a lack of clarity and variations between Member States on the calculation of time limits and the time when the clock starts for each procedure; proposes the clarification and harmonisation of the conditions that trigger transfer procedures; |
| --- | --- |

34.

| 35. | Considers that in some cases the rules on transfer of responsibility under Dublin III undermine the efficiency of asylum procedures and the carrying out of transfers by increasing the danger of absconding; deplores the often spurious reasons adduced by Member States for refusing transfers; considers that these factors, among others, have contributed to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the system; calls on the Commission to revise the rules in order to improve the execution of transfers and do away with the transfer of responsibility in cases where an asylum seeker absconds, to foster trust between Member States, to monitor the situation and, where necessary, impose penalties on Member States which refuse transfers; |
| --- | --- |

35.

| 36. | Notes that the incorrect application of the rules on the hierarchy of criteria, particularly regarding family reunification and the situation of unaccompanied children, as well as the disproportionate use of the criterion of the first country of irregular entry also undermines asylum procedures; notes that these implementation gaps may encourage asylum seekers to remain outside the system; stresses that further harmonisation of the Member States’ asylum systems is key to a functioning Dublin III Regulation and to preventing secondary movements; calls on the Commission to propose a system which duly takes account of asylum seekers’ proven meaningful links to a Member State, such as previous legal residence or educational diplomas, and which ensures that the treatment of asylum seekers is equal in relative terms across the EU; |
| --- | --- |

36.

| 37. | Considers that providing asylum seekers with legal assistance for Dublin procedures, in particular in the hotspots, is fundamental to ensuring applicants are informed of their rights and obligations during a Dublin procedure; stresses that this would enhance rights-compliant procedures, simplify Dublin procedures, and improve decision-making; notes that a legal representative can ensure that each case file is complete and accurate, and contribute to reducing the rate of appeals and safeguarding the right to non-refoulement; notes with concern that some specific issues remain at national level, such as limited access to independent legal representatives in remote asylum centres, low rates of financial remuneration for legal assistance, a lack of adequate facilities for preparatory and private interviews, and inadequate provision of legal aid for applicants in detention centres; calls on the Member States and the Commission to increase the funds available for the provision of legal assistance during the Dublin procedure; |
| --- | --- |

37.

| 38. | Stresses that the quality and amount of information provided to the applicants during the Dublin procedure is far from satisfactory, varies significantly between countries, and in some cases, within countries; notes that different factors affect compliance with the right of information, such as the quality and clarity of information, access to an interpreter, the availability of translated documents, access to information in due time; recalls that the right to information under Article 4 of the Regulation is essential given the complex nature of Dublin procedures, and for guaranteeing access to a fair examination of an asylum application in the EU; underlines that gaps in this field can attributed to a lack of resources, but also result from deliberate policy choices in certain countries where very few legal representatives have been appointed; urges the Member States, with the support of the Commission and the EASO, to improve the information made available to asylum seekers on complex Dublin procedures, to ensure that it is clear and accessible to everyone, particularly with regard to family reunification, in accordance with Articles 4 and 26 of the Regulation, and access to an effective remedy and legal assistance, in accordance with Article 27; |
| --- | --- |

38.

| 39. | Calls on the Commission to assess the overall implementation of the CEAS, as well as any gaps and shortcomings in the Dublin III Regulation that lead to a disproportionate burden of responsibility being placed on countries at the external borders of the EU; |
| --- | --- |

39.

A single and rights-centred implementation of Dublin arrangements in asylum cases throughout the EU

| 40. | Stresses that the principle of a single EU asylum application cannot be upheld, a state of affairs at odds with the very purpose of the Dublin III Regulation; notes that implementation of this principle is hampered by various factors, meaning that there are multiple reasons for the submission of subsequent asylum applications; considers that the competent national authorities should share their relevant information, in particular on the granting and rejection of asylum applications, in a European database such as Eurodac, in order to speed up procedures and prevent multiple asylum applications, while protecting personal data; considers that registering all applicants and migrants crossing the borders irregularly is a priority; |
| --- | --- |

40.

| 41. | Notes that the extent of protection for asylum seekers varies greatly between Member States for certain nationalities, and that this can contribute to onward movement; considers that taking into account applicants’ individual needs in Dublin procedures would reduce secondary movements; believes that taking account of ‘proven meaningful links’ to a particular Member State is an effective approach to reducing secondary movements, and calls for this to be included as a criterion for relocation; |
| --- | --- |

41.

Strengthening governance and convergence between Member States

| 42. | Stresses that the Commission's network of Member States’ Dublin units has met only once or twice a year, and has not played an operational role; considers that the non-coordinated use of the EASO Dublin Units Network prevents the Dublin III Regulation from functioning effectively; notes however that the EASO Dublin Network has been more active, and that EASO has carried out a number of useful missions to support Member States in implementing the Dublin III Regulation, such as the production of guidance documents and analysis, the organisation of training courses, or the deployment of agents; urges closer cooperation between national asylum authorities in order to share information, foster the development of uniform and best practices, streamline transfers and contribute to preventing cases of multiple applications; proposes that EASO be given the task of drawing up enhanced governance arrangements for the application of the Dublin III Regulation, including a monthly operational dialogue between national authorities, and a platform for the exchange and sharing of information and best practices; |
| --- | --- |

42.

| 43. | Calls on the Commission and the Member States to include, among the sources used to monitor implementation of the Regulation, reliable, up-to-date information provided by non-state actors, in particular international organisations and NGOs; |
| --- | --- |

43.

| 44. | Notes that between 2008 and 2017 a significant number of asylum applications were lodged by third country nationals who travelled visa-free or with a short-term visa to enter the Schengen Area (6); notes, further, that some of these applications were submitted in a Member State other than the one for which the visa was issued; underlines that for subsequent Dublin procedures, it has been proven that the rules in Articles 12 and 14 are not sufficiently clear, thus hindering the determining of the Member State responsible; calls on the Commission to clarify how Articles 12 and 14 of the Regulation should be applied when determining what Member State should be responsible for an asylum application; proposes the evaluation, as one of the hierarchy of criteria, of the possible impact of visa-waived entry applications on the proper functioning of the Dublin system; |
| --- | --- |

44.

| 45. | Notes that bilateral agreements have been concluded between Member States to improve the efficiency of Dublin procedures or ensure the transfer of asylum seekers; underlines however that they have also proven to have an adverse effect, in certain cases weakening the achievement of the objectives of the Regulation at European level; urges the Commission and all Member States to rather take stock of the factors contributing to greater efficiency, to take joint and coordinated action to optimise the effective implementation of the Dublin III Regulation, and work towards harmonising the implementation of the Regulation; |
| --- | --- |

45.

| 46. | Notes that Member States may draw up preventive action plans, with the support of the Commission and in coordination with it, where the application of the Regulation may be jeopardised due to a substantiated risk of particular pressure on Member States’ asylum systems and/or to problems in the functioning of their asylum systems, in accordance with Article 33; notes that these preventive measures may take into account information from the Commission and EASO, and may lead to genuine and practical solidarity, in accordance to Article 80 of the TFEU, with Member States facing particular pressures on their asylum systems in general, including as a result of mixed migration flows, and with applicants, allowing for better preparedness in the event of a potential asylum crisis; |
| --- | --- |

46.

| 47. | Considers that the implementation of the Dublin III Regulation is not proving effective, because its primary objectives are not being met, namely swift and fair determination of the Member State responsible for an application for international protection; recalls that significant implementation gaps have been identified for a number of Dublin provisions; stresses that the implementation of the Regulation is highly inefficient in relation to the efforts, human resources and staff dedicated to it by the Member States; |
| --- | --- |

47.

| 48. | Calls on the Council to adopt qualified majority voting when reforming the Dublin III Regulation, and when acting with regard to Article 78(2) of the TFEU; |
| --- | --- |

48.

| 49. | Deplores the fact that the Commission has still not published its Article 46 assessment report; calls on the Commission to ensure that the Dublin III Regulation is implemented more effectively; |
| --- | --- |

49.

o

o o

| 50. | Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States and the national parliaments. |
| --- | --- |

50.

---

(1)  OJ L 180, 29.6.2013, p. 31.

(2)  OJ L 239, 15.9.2015, p. 146.

(3)  OJ L 248, 24.9.2015, p. 80.

(4)  OJ C 58, 15.2.2018, p. 9.

(5)  EDAL, ECtHR — Rahimi v. Greece, Application No. 8687/08, Judgment of 5 July 2011: https://www.asylumlawdatabase.eu/en/content/ecthr-rahimi-v-greece-application-no-868708-1

(6)  European Commission, European Migration Network, ‘Impact of Visa Liberalisation on Countries of Destination’, March 2019: https://ec.europa.eu/home-affairs/system/files/2019-03/00_eu_visa_liberalisation_2019_synthesis_report_en_0_0.pdf

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/28 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/28

---

P9_TA(2020)0362

Implementation report on the Return Directive

European Parliament resolution of 17 December 2020 on the implementation of the Return Directive (2019/2208(INI))

(2021/C 445/04)

The European Parliament,

| — | having regard to the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948,

| — | having regard to the UN Convention on the Rights of the Child, |
| --- | --- |

—

having regard to the UN Convention on the Rights of the Child,

| — | having regard to the European Convention on Human Rights, |
| --- | --- |

—

having regard to the European Convention on Human Rights,

| — | having regard to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (Geneva Convention), and in particular the right to non-refoulement, |
| --- | --- |

—

having regard to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (Geneva Convention), and in particular the right to non-refoulement,

| — | having regard to the Charter of Fundamental Rights of the European Union and in particular Articles 1, 3, 4, 6, 7, 18, 19, 20 and 47 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union and in particular Articles 1, 3, 4, 6, 7, 18, 19, 20 and 47 thereof,

| — | having regard to the Global Compact for Safe, Orderly and Regular Migration, adopted by the UN General Assembly on 19 December 2018, |
| --- | --- |

—

having regard to the Global Compact for Safe, Orderly and Regular Migration, adopted by the UN General Assembly on 19 December 2018,

| — | having regard to the Twenty Guidelines on Forced Return, adopted by the Committee of Ministers of the Council of Europe on 4 May 2005, |
| --- | --- |

—

having regard to the Twenty Guidelines on Forced Return, adopted by the Committee of Ministers of the Council of Europe on 4 May 2005,

| — | having regard to Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (1) (‘the Return Directive’), |
| --- | --- |

—

having regard to Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (1) (‘the Return Directive’),

| — | having regard to Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third country nationals (2) (‘SIS return’), |
| --- | --- |

—

having regard to Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third country nationals (2) (‘SIS return’),

| — | having regard to Regulation (EU) 2020/851 of the European Parliament and of the Council of 18 June 2020 amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection (3), |
| --- | --- |

—

having regard to Regulation (EU) 2020/851 of the European Parliament and of the Council of 18 June 2020 amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection (3),

| — | having regard to the judgments of the Court of Justice of the European Union related to Directive 2008/115/EC, including Cases C-357/09 Kadzoev (4), C-61/11 El Dridi (5), C-534/11 Arslan (6), C-146/14 Mahdi (7), C-554/13 Z. Zh. (8), C-47/15 Sélina Affum (9), C-82/16 K.A. and Others (10) and C-181/16 Gnandi (11), |
| --- | --- |

—

having regard to the judgments of the Court of Justice of the European Union related to Directive 2008/115/EC, including Cases C-357/09 Kadzoev (4), C-61/11 El Dridi (5), C-534/11 Arslan (6), C-146/14 Mahdi (7), C-554/13 Z. Zh. (8), C-47/15 Sélina Affum (9), C-82/16 K.A. and Others (10) and C-181/16 Gnandi (11),

| — | having regard to the judgments of the European Court of Human Rights related to Directive 2008/115/EC, including Amie and Others v. Bulgaria (application No 58149/08), N.D. and N.T. v. Spain (application Nos 8675/15 and 8697/15) and Haghilo v. Cyprus (application No 47920/12), |
| --- | --- |

—

having regard to the judgments of the European Court of Human Rights related to Directive 2008/115/EC, including Amie and Others v. Bulgaria (application No 58149/08), N.D. and N.T. v. Spain (application Nos 8675/15 and 8697/15) and Haghilo v. Cyprus (application No 47920/12),

| — | having regard to the Commission communication of 28 March 2014 on EU Return Policy (COM(2014)0199), |
| --- | --- |

—

having regard to the Commission communication of 28 March 2014 on EU Return Policy (COM(2014)0199),

| — | having regard to the Commission communication of 13 May 2015 on a European Agenda on Migration (COM(2015)0240), |
| --- | --- |

—

having regard to the Commission communication of 13 May 2015 on a European Agenda on Migration (COM(2015)0240),

| — | having regard to the conclusions of the European Council summits of October 2016 and June 2018, |
| --- | --- |

—

having regard to the conclusions of the European Council summits of October 2016 and June 2018,

| — | having regard to the Council’s non-binding common standards of 11 May 2016 for Assisted Voluntary Return (and Reintegration) Programmes implemented by Member States, |
| --- | --- |

—

having regard to the Council’s non-binding common standards of 11 May 2016 for Assisted Voluntary Return (and Reintegration) Programmes implemented by Member States,

| — | having regard to the Commission communication of 2 March 2017 on a more effective return policy in the European Union — a renewed Action Plan (COM(2017)0200), |
| --- | --- |

—

having regard to the Commission communication of 2 March 2017 on a more effective return policy in the European Union — a renewed Action Plan (COM(2017)0200),

| — | having regard to Commission Recommendation (EU) 2017/432 of 7 March 2017 on making returns more effective when implementing the Directive 2008/115/EC of the European Parliament and of the Council (12), |
| --- | --- |

—

having regard to Commission Recommendation (EU) 2017/432 of 7 March 2017 on making returns more effective when implementing the Directive 2008/115/EC of the European Parliament and of the Council (12),

| — | having regard to Commission Recommendation (EU) 2017/2338 of 16 November 2017 establishing a common ‘Return Handbook’ to be used by Member States’ competent authorities when carrying out return related tasks (13), |
| --- | --- |

—

having regard to Commission Recommendation (EU) 2017/2338 of 16 November 2017 establishing a common ‘Return Handbook’ to be used by Member States’ competent authorities when carrying out return related tasks (13),

| — | having regard to the 2017 Synthesis Report of the European Migration Network entitled ‘The effectiveness of return in EU Member States: challenges and good practices linked to EU rules and standards’, |
| --- | --- |

—

having regard to the 2017 Synthesis Report of the European Migration Network entitled ‘The effectiveness of return in EU Member States: challenges and good practices linked to EU rules and standards’,

| — | having regard to the Commission proposal for a directive of the European Parliament and of the Council of 12 September 2018 on common standards and procedures in Member States for returning illegally staying third-country nationals (recast) (COM(2018)0634), |
| --- | --- |

—

having regard to the Commission proposal for a directive of the European Parliament and of the Council of 12 September 2018 on common standards and procedures in Member States for returning illegally staying third-country nationals (recast) (COM(2018)0634),

| — | having regard to the Commission communication of 4 December 2018 on managing migration in all its aspects: progress under the European agenda on migration (COM(2018)0798), |
| --- | --- |

—

having regard to the Commission communication of 4 December 2018 on managing migration in all its aspects: progress under the European agenda on migration (COM(2018)0798),

| — | having regard to the Commission communication of 16 April 2020 on COVID-19: Guidance on the implementation of relevant EU provisions in the area of asylum and return procedures and on resettlement (C(2020)2516), |
| --- | --- |

—

having regard to the Commission communication of 16 April 2020 on COVID-19: Guidance on the implementation of relevant EU provisions in the area of asylum and return procedures and on resettlement (C(2020)2516),

| — | having regard to its resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration (14), |
| --- | --- |

—

having regard to its resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration (14),

| — | having regard to its resolution of 5 April 2017 on addressing refugee and migrant movements: the role of EU External Action (15), |
| --- | --- |

—

having regard to its resolution of 5 April 2017 on addressing refugee and migrant movements: the role of EU External Action (15),

| — | having regard to its position of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund (16), |
| --- | --- |

—

having regard to its position of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund (16),

| — | having regard to the European Court of Auditors’ Special Report No 24/2019 of November 2019 entitled ‘Asylum, relocation and return of migrants: time to step up action to address disparities between objectives and results’, |
| --- | --- |

—

having regard to the European Court of Auditors’ Special Report No 24/2019 of November 2019 entitled ‘Asylum, relocation and return of migrants: time to step up action to address disparities between objectives and results’,

| — | having regard to the European Parliamentary Research Service’s (EPRS) Substitute Impact Assessment of March 2019 on the proposed recast Return Directive, |
| --- | --- |

—

having regard to the European Parliamentary Research Service’s (EPRS) Substitute Impact Assessment of March 2019 on the proposed recast Return Directive,

| — | having regard to the EPRS’ European Assessment of June 2020 providing an evaluation of the implementation of the Return Directive and of the external dimension of the Return Directive, |
| --- | --- |

—

having regard to the EPRS’ European Assessment of June 2020 providing an evaluation of the implementation of the Return Directive and of the external dimension of the Return Directive,

| — | having regard to the Frontex evaluation report 15 June 2020 on return operations in the 2nd semester of 2019, |
| --- | --- |

—

having regard to the Frontex evaluation report 15 June 2020 on return operations in the 2nd semester of 2019,

| — | having regard to the 4th Annual Report of Europol’s European Migrant Smuggling Centre of 15 May 2020, |
| --- | --- |

—

having regard to the 4th Annual Report of Europol’s European Migrant Smuggling Centre of 15 May 2020,

| — | having regard to the reports on the application of the Schengen acquis in the field of return produced in accordance with Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (17), |
| --- | --- |

—

having regard to the reports on the application of the Schengen acquis in the field of return produced in accordance with Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (17),

| — | having regard to the Council of Europe’s handbook of 17 September 2019 entitled ‘Practical Guidance on Alternatives to Immigration Detention: Fostering Effective Results’, |
| --- | --- |

—

having regard to the Council of Europe’s handbook of 17 September 2019 entitled ‘Practical Guidance on Alternatives to Immigration Detention: Fostering Effective Results’,

| — | having regard to the analysis of the Steering Committee for Human Rights (CDDH) of the Council of Europe of 7 December 2017 on Legal and practical aspects of effective alternatives to detention in the context of migration, |
| --- | --- |

—

having regard to the analysis of the Steering Committee for Human Rights (CDDH) of the Council of Europe of 7 December 2017 on Legal and practical aspects of effective alternatives to detention in the context of migration,

| — | having regard to the Interinstitutional Agreement of 13 April 2016 between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (18), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 13 April 2016 between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (18),

| — | having regard to its resolution of 30 May 2018 on the interpretation and implementation of the Interinstitutional Agreement on Better Law-Making (19), |
| --- | --- |

—

having regard to its resolution of 30 May 2018 on the interpretation and implementation of the Interinstitutional Agreement on Better Law-Making (19),

| — | having regard to Rule 54 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0238/2020), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0238/2020),

| A. | whereas the Commission has only assessed the implementation of the Return Directive once (in 2014), despite the legal obligation under Article 19 of that Directive to report on its application every three years, starting from 2013; whereas in 2015 the Commission published a communication setting out an action plan on returns; whereas in 2017 it issued a recommendation on making returns more effective when implementing the Return Directive and published a Return Handbook; whereas in September 2018, without carrying out an impact assessment, the Commission presented a proposal to recast the Return Directive to achieve a more effective and coherent return policy; whereas the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) mandated the EPRS to provide a substitute impact assessment on the proposed recast; whereas this assessment points to the lack of evidence that the recast proposal would lead to more effective returns; |
| --- | --- |

A.

whereas the Commission has only assessed the implementation of the Return Directive once (in 2014), despite the legal obligation under Article 19 of that Directive to report on its application every three years, starting from 2013; whereas in 2015 the Commission published a communication setting out an action plan on returns; whereas in 2017 it issued a recommendation on making returns more effective when implementing the Return Directive and published a Return Handbook; whereas in September 2018, without carrying out an impact assessment, the Commission presented a proposal to recast the Return Directive to achieve a more effective and coherent return policy; whereas the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) mandated the EPRS to provide a substitute impact assessment on the proposed recast; whereas this assessment points to the lack of evidence that the recast proposal would lead to more effective returns;

| B. | whereas the twofold objective of the Return Directive is to establish common rules concerning effective return in line with fundamental rights and the principle of proportionality; whereas in its recommendation on making returns more effective, the Commission focuses on the rate of returns as an indicator of the Return Directive’s effectiveness and recommends measures which may have the unwanted effect of limiting certain safeguards of that Directive, such as the right to appeal and to make use of longer detention periods; whereas sustainable returns and successful reintegration are important indicators in the assessment of the effectiveness of returns; whereas post-return monitoring is currently not sufficiently comprehensive and accurate; whereas evidence has emerged that not all returns are sustainable, especially in relation to unaccompanied minors, owing to a lack of a personal reintegration plan or support upon return; |
| --- | --- |

B.

whereas the twofold objective of the Return Directive is to establish common rules concerning effective return in line with fundamental rights and the principle of proportionality; whereas in its recommendation on making returns more effective, the Commission focuses on the rate of returns as an indicator of the Return Directive’s effectiveness and recommends measures which may have the unwanted effect of limiting certain safeguards of that Directive, such as the right to appeal and to make use of longer detention periods; whereas sustainable returns and successful reintegration are important indicators in the assessment of the effectiveness of returns; whereas post-return monitoring is currently not sufficiently comprehensive and accurate; whereas evidence has emerged that not all returns are sustainable, especially in relation to unaccompanied minors, owing to a lack of a personal reintegration plan or support upon return;

| C. | whereas the Commission has noted that Member States face several barriers to effective returns, of a procedural, technical and operational nature, inter alia the level of cooperation among all stakeholders involved, including with third countries; whereas identification of returnees and the need to obtain the necessary documentation from third countries has been identified by the Commission as one of the main reason for non-return; |
| --- | --- |

C.

whereas the Commission has noted that Member States face several barriers to effective returns, of a procedural, technical and operational nature, inter alia the level of cooperation among all stakeholders involved, including with third countries; whereas identification of returnees and the need to obtain the necessary documentation from third countries has been identified by the Commission as one of the main reason for non-return;

| D. | whereas the lack of harmonisation has a deep impact on return practices among Member States; whereas the evaluations carried out by the Commission when publishing its recommendation on making returns more effective indicated that ‘the margins of discretion left to the Member States by the Return Directive led to an inconsistent transposition in national legislations, with a negative impact on the effectiveness of the Union return policy’ and that ‘a more effective implementation of that directive would reduce possibilities of misuse of procedures and remove inefficiencies, while ensuring the protection of fundamental rights as enshrined in the Charter of Fundamental Rights of the European Union’; |
| --- | --- |

D.

whereas the lack of harmonisation has a deep impact on return practices among Member States; whereas the evaluations carried out by the Commission when publishing its recommendation on making returns more effective indicated that ‘the margins of discretion left to the Member States by the Return Directive led to an inconsistent transposition in national legislations, with a negative impact on the effectiveness of the Union return policy’ and that ‘a more effective implementation of that directive would reduce possibilities of misuse of procedures and remove inefficiencies, while ensuring the protection of fundamental rights as enshrined in the Charter of Fundamental Rights of the European Union’;

| E. | whereas the Commission, in its action plan on return published in 2015, expressed the view that voluntary returns were the preferred option whenever possible; whereas — again, as stated by the Commission in its action plan — ‘it is estimated that around 40 % of returns were voluntary departures, [up] from just 14 % in 2009’; whereas, according to the Commission's estimates, 300 000 people per year cannot be returned owing to administrative barriers, health issues or the risk of refoulement; whereas their situation should be addressed, including by granting them a legal status on humanitarian grounds; |
| --- | --- |

E.

whereas the Commission, in its action plan on return published in 2015, expressed the view that voluntary returns were the preferred option whenever possible; whereas — again, as stated by the Commission in its action plan — ‘it is estimated that around 40 % of returns were voluntary departures, [up] from just 14 % in 2009’; whereas, according to the Commission's estimates, 300 000 people per year cannot be returned owing to administrative barriers, health issues or the risk of refoulement; whereas their situation should be addressed, including by granting them a legal status on humanitarian grounds;

| F. | whereas data relating to the implementation of the Return Directive is publicly available through Eurostat but is not in all cases disaggregated and comparable; whereas more information may be provided with the implementation of Regulation (EU) 2018/1860 on the use of the Schengen Information System for the return of illegally staying third-country nationals (‘SIS return’) and with Regulation (EU) 2020/851 amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection; |
| --- | --- |

F.

whereas data relating to the implementation of the Return Directive is publicly available through Eurostat but is not in all cases disaggregated and comparable; whereas more information may be provided with the implementation of Regulation (EU) 2018/1860 on the use of the Schengen Information System for the return of illegally staying third-country nationals (‘SIS return’) and with Regulation (EU) 2020/851 amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection;

| G. | whereas between 2014 and 2018 the number of irregular border crossings decreased from 1,82 million to 142 000; whereas Member States issued around 3 million first residence permits in 2019; whereas the number of asylum applications decreased from 1,29 million in 2015 to 698 000 in 2019; whereas in 2018, Member States issued 283 880 return decisions, of which 147 815 people returned; |
| --- | --- |

G.

whereas between 2014 and 2018 the number of irregular border crossings decreased from 1,82 million to 142 000; whereas Member States issued around 3 million first residence permits in 2019; whereas the number of asylum applications decreased from 1,29 million in 2015 to 698 000 in 2019; whereas in 2018, Member States issued 283 880 return decisions, of which 147 815 people returned;

| H. | whereas Member States do not systematically share information on the return decisions or entry bans they issue, meaning that the mutual recognition of return decisions issued by Member States and their enforcement Union-wide is, in practice, impossible; whereas in order to increase the efficiency of readmissions, and in order to ensure the coherence of returns at a European level, formal EU agreements should take preference over bilateral agreements between Member States and third countries; |
| --- | --- |

H.

whereas Member States do not systematically share information on the return decisions or entry bans they issue, meaning that the mutual recognition of return decisions issued by Member States and their enforcement Union-wide is, in practice, impossible; whereas in order to increase the efficiency of readmissions, and in order to ensure the coherence of returns at a European level, formal EU agreements should take preference over bilateral agreements between Member States and third countries;

General observations

| 1. | Notes the lack of an implementation assessment from the Commission and calls on the Commission to carry out such an assessment, which was due in 2017, in compliance with Article 19 of the Return Directive and in line with the principle of better law-making; |
| --- | --- |

1.

| 2. | Reiterates the importance of an evidence-based common approach to guide coherent policy-making and well-informed public discourse and calls on the Commission to urge and support Member States to collect and publish qualitative and quantitative data on the implementation of the Return Directive, particularly data on entry bans and detention, as these are the categories currently not collected by Eurostat, and making use in particular of the newly available instruments such as SIS return and Regulation (EU) 2020/851 amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection; invites Member States to collect statistics on this basis of Regulation (EU) 2020/851 as soon as possible and to participate in the associated pilot studies; notes with concern the lack of available data, including data disaggregated by gender and age, concerning the implementation of the Return Directive; |
| --- | --- |

2.

| 3. | Is concerned that since 2015, the number of return decisions enforced has been decreasing and notes that this number does not necessarily correspond to an increase or decrease in irregular entries; stresses that an effective return policy is one of the key elements of a well-functioning EU asylum and migration policy; notes that, according to the Commission’s statement, the return rate decreased from 46 % in 2016 to 37 % in 2017 and that this may not present the full picture, owing to the inherent margin of discretion that Member States have in the implementation of the Return Directive, notably difficulties in cooperation with third countries, the fact that some Member States issue more than one return decision to one person, that decisions are not withdrawn if the return does not take place owing to humanitarian reasons, that some people are not returnable as their return would violate the principle of non-refoulement, or that some people return voluntarily without their return being registered; underlines that not every return decision is followed by swift return and readmission procedures owing to practical and legal obstacles and notes with concern that this can cause serious strain, not only on local facilities, but on the people involved; |
| --- | --- |

3.

| 4. | Shares the Commission’s objective of improving the effective implementation of the Return Directive and the effectiveness of return procedures in the Member States; calls on the Commission to launch infringement procedures where justified; highlights that the effectiveness of the Return Directive should be measured by referring to the return rate as well as by the sustainability of returns and implementation of fundamental rights safeguards, the respect for procedural guarantees and the effectiveness of voluntary returns; stresses that the measuring of the effective implementation of the Return Directive should be further enhanced and further streamlined among Member States in order to strengthen the transparency and comparability of data; |
| --- | --- |

4.

| 5. | Notes that the Commission has stated that the lack of third-country identification and readmission of returnees is one of the main reasons for non-return; stresses the need to improve relations with third countries in a constructive migration dialogue based on equality, in order to ensure mutually beneficial cooperation for effective and sustainable returns; |
| --- | --- |

5.

| 6. | Takes note of the informalisation of cooperation with third countries; calls on the Member States to urge and enable the Commission to conclude formal EU readmission agreements coupled with EU parliamentary scrutiny and judicial oversight; stresses that incentives should be offered to facilitate cooperation; notes that the bilateral readmission agreements used pursuant to Article 6(3) of the Return Directive do not offer adequate procedural safeguards, including notification to the person concerned of an individual measure and information regarding available and effective remedies and recourse to appeal; notes that Member States face challenges in regularly ensuring the full occupancy of seats available for returnees in return operations using charter flights coordinated by Frontex; notes with concern that in some cases the option to carry out joint Frontex return operations is excluded by bilateral agreements between organising or participating Member States and non-EU countries of destination; |
| --- | --- |

6.

| 7. | Stresses the need for more cooperation on returns between the Member States, including information sharing and the application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third country nationals, in line with fundamental rights guarantees; underlines the need for support, including operational support, by the relevant Union agencies; stresses the need for increased cooperation between the Member States and Frontex; |
| --- | --- |

7.

| 8. | Calls on the Member States to allocate adequate capacity, including human resources and sufficient training, to authorities responsible for taking and implementing return decisions, and in doing so to invest in the quality of their decision-making and implementation; |
| --- | --- |

8.

| 9. | Stresses the importance of fair, swift and effective procedures for the return of third-country nationals staying irregularly on Union territory, including those whose applications have been rejected, with respect for the fundamental rights of the persons concerned; |
| --- | --- |

9.

Return decisions and voluntary departure

| 10. | Points to the importance in the Return Directive of ensuring migrants’ compliance with return decisions and recalls the key principle enshrined in that directive that voluntary returns should be prioritised over forced returns where there are no serious reasons to believe that this would undermine the purpose of a return procedure, as voluntary returns are more sustainable, less costly and cumbersome for states and more apt to respect the fundamental rights of the person concerned; calls on the Commission to continue considering voluntary returns as the preferred option over forced returns and to encourage Member States to develop an effective framework for access to voluntary return programmes; |
| --- | --- |

10.

| 11. | Calls on the Commission to continue to provide funding for and increase the resources available to assisted voluntary return programmes in order to encourage the use of such programmes with the ultimate aim of ensuring sustainable returns and reintegration; |
| --- | --- |

11.

| 12. | Highlights that under Article 7 of the Return Directive, a return decision shall, as a general rule, provide for an appropriate period for voluntary departure of between 7 and 30 days, which Member States shall extend where necessary, taking into account the specific circumstances of the individual case; points to the exceptions laid out in Article 7(4) of the Return Directive; notes that Member States’ national programmes to assist voluntary departure are sometimes insufficient in scope and means; recalls that Member States that offer this period for voluntary departure only following an application must inform the third-country nationals concerned of the possibility to submit such an application; |
| --- | --- |

12.

| 13. | Welcomes the provisions in several Member States which allow for individual circumstances to be duly taken into account and for extensions to a period for voluntary departure to be granted; recalls that, in cases where the Return Directive requires Member States to postpone removal, such as when it would violate the principle of non-refoulement, Article 14(2)of the Return Directive requires Member States to provide the persons concerned with written confirmation that the return decision will temporarily not be enforced; |
| --- | --- |

13.

| 14. | Stresses that a broad definition of the risk of absconding may lead to Member States refraining from granting a period for voluntary departure; recalls that lifting the voluntary departure period also leads to the imposition of an entry ban, which may further undermine voluntary departure; stresses the need for enhanced implementation of the current legal framework in order to step up successful voluntary returns; |
| --- | --- |

14.

| 15. | Calls on the Member States and Frontex to share information and best practices on successful and dignified voluntary returns, and to provide operational assistance among Member States, on request, to strengthen and improve the operational effectiveness of voluntary returns; |
| --- | --- |

15.

| 16. | Highlights the importance of providing individual case management and assistance, tailored to the individual circumstances and prospects of the returnee, with particular attention to unaccompanied minors; |
| --- | --- |

16.

Procedural safeguards

| 17. | Stresses that the Return Directive requires return and entry-ban decisions and decisions on removal to be individualised, clearly justified with reasons in law and in fact, issued in writing, and complete with information about available remedies and the relevant deadlines; stresses the importance of this information being provided in a language the person understands; expresses concerns regarding the lack of sufficient detail and justification in return decisions; |
| --- | --- |

17.

| 18. | Takes the view that unaccompanied children should not be returned unless it can be demonstrated that it is in the child's best interests, and that children should be informed in a child-friendly manner and in a language that they understand about their rights and the remedies available to them; |
| --- | --- |

18.

| 19. | Recalls that the principle of non-refoulement is binding on Member States in all circumstances, including for return procedures not falling within the scope of application of the Return Directive; |
| --- | --- |

19.

| 20. | Takes note of significant differences between Member States in the right to appeal, particularly regarding the type of appeal body and the appeal time-limits; stresses the need to guarantee the right to effective remedy, including by providing proper and accessible information and legal aid, including appropriate funds for the provision of legal assistance; |
| --- | --- |

20.

| 21. | Notes that the use of the optional clause in Article 2(2)(a) may lead to diminished implementation of safeguards at borders compared to the regular return procedure; urges Member States, therefore, to ensure procedural safeguards and respect for human rights and to apply the Return Directive to border situations; |
| --- | --- |

21.

| 22. | Highlights that the Return Directive allows for the temporary suspension of the enforcement of a removal, pending a review of a decision relating to return; underlines the need to ensure such suspensions in cases where there is a risk of refoulement; notes that in most countries, appeal against return is not automatically suspensive, which may diminish protection; stresses that an automatic suspensive remedy would ensure that people are not returned before a final decision on the return procedure is taken; stresses that the best interests of the child must be the primary consideration for all decisions concerning children, including pending decisions relating to return; |
| --- | --- |

22.

| 23. | Recalls that Article 6(4) of the Return Directive provides Member States with the possibility to grant an autonomous residence permit on compassionate, humanitarian or other grounds to a third-country national staying irregularly on their territory; stresses the importance of successfully exhausting the options provided in the Return Directive to enforce return decisions, with an emphasis on voluntary return; notes, however, the limited use of Article 6(4) of the Return Directive and encourages Member States to expand the use of this clause; is concerned about the failure of Member States to issue a temporary residence permit where return has proven not to be possible, which often leaves unreturnable migrants unable to access their fundamental rights; underlines the fact that granting residence permits to individuals who cannot return to their country of origin could help to prevent protracted irregular stays and reduce vulnerability to labour exploitation and may facilitate individuals’ social inclusion and contribution to society; notes that this would also help to get people out of administrative limbo where they may be stuck; highlights, at the same time, that coordination within the Union is necessary in order to prevent onward irregular movements of persons subject to a return decision; |
| --- | --- |

23.

Entry bans

| 24. | Notes with concern the widespread automatic imposition of entry bans, which in some Member States are enforced alongside voluntary departure; stresses that this approach risks reducing incentives for voluntary return; calls on Member States to comply with the obligation of the Return Directive to consider withdrawing or suspending the ban in cases where a third-country national can demonstrate that he or she has left the territory of a Member State; |
| --- | --- |

24.

| 25. | Notes that the situation of a person may vary during the period imposed by an entry ban and that a person may find themselves at risk of persecution in the country they have been returned to; calls on Member States to lift the entry ban on the basis of humanitarian considerations in such cases; reiterates that an entry ban should not be automatically applied, but should instead be based on an individual assessment; calls on the Member States to have effective procedures in place for requesting the lifting of an entry ban, in which an individual assessment is guaranteed, where the best interests of the child are the primary consideration and the right to family life, the right to family reunification and the principle of proportionality are respected; |
| --- | --- |

25.

| 26. | Notes that although the threat of imposition of an entry ban may serve as an incentive to leave a country within the time period of voluntary departure, once imposed, entry bans may reduce the incentive to comply with a return decision and may increase the risk of absconding; calls on Member States to consider timing the imposition of entry bans in order to successfully carry out return decisions; stresses that the Return Directive has rules allowing for entry bans to be lifted and calls on Member States to make use of these when necessary; |
| --- | --- |

26.

| 27. | Stresses that entry bans may have disproportionate consequences in particular for families and children; welcomes the option introduced by some Member States to exempt children from the imposition of an entry ban, but stresses that children’s interests should also be a primary consideration when deciding on the (withdrawal of the) entry ban of their parents; calls on Member States to ensure family reunification and respect for the right to family life, including by applying this as a basis on which to refrain from imposing entry bans; |
| --- | --- |

27.

Detention and the risk of absconding

| 28. | Recalls that Article 3(7) of the Return Directive states that the ‘risk of absconding’ means the existence of reasons in an individual case which are based on objective criteria defined by law to believe that a third-country national who is the subject of return procedures may abscond; notes differences in the transposition into national legislations of the definition of the ‘risk of absconding’; highlights that in order to comply with Article 3(7) of the Return Directive, due consideration needs to be given to the individual circumstances of the person involved when identifying a risk of absconding to justify detention; |
| --- | --- |

28.

| 29. | Is concerned that the legislation of several Member States includes extensive and sometimes divergent lists of ‘objective criteria’ for defining the risk of absconding, among which general criteria such as a lack of money; is concerned that varying definitions of objective criteria for the assessment of the risk of absconding in the national legislation of Member States may result in inconsistent use of detention across the Union; regrets that these criteria are often applied in a more or less automatic way, while individual circumstances are of marginal consideration; stresses that this has led to detention being imposed in a systematic manner in many Member States; underlines the need for harmonisation in the definition and implementation of objective criteria to establish the risk of absconding; |
| --- | --- |

29.

| 30. | Stresses that, in line with international human rights law, detention must remain a measure of last resort and be prescribed by law and be necessary, reasonable and proportional to the objectives to be achieved, that it must last for the shortest time possible and that the decision to impose detention always has to be based on an assessment of the individual circumstances, in which the interests of the individual concerned have been taken into account; |
| --- | --- |

30.

| 31. | Reiterates that longer detention does not automatically increase the chance of return and is generally more costly than alternatives to detention, and adds that states should not automatically resort to the maximum period permissible under the Return Directive, and, furthermore, that they should ensure that all conditions for lawful detention are fulfilled throughout the detention period; |
| --- | --- |

31.

| 32. | Notes that the Return Directive establishes under which circumstances returnees may lawfully be detained; notes that detention is only possible if other sufficient but less coercive measures cannot be applied effectively in a specific case; expresses regret that in practice, very few viable alternatives to detention are developed and applied by Member States; calls on Member States, as a matter of urgency, to offer viable community-based alternatives to detention, which have a less negative impact on migrants, especially children and vulnerable people; calls on the Member States to report on the measures they take as an alternative to detention; |
| --- | --- |

32.

| 33. | Recalls that Member States should respect the mandates of relevant and competent national and international bodies, such as National Human Rights Institutions, ombudsman institutions and national preventive mechanisms, which conduct independent oversight of conditions of detention; |
| --- | --- |

33.

| 34. | Notes that a significant number of children are still detained in the European Union as part of return procedures, agrees with the UN Committee on the Rights of the Child, which has clarified that children should never be detained for immigration purposes, and detention can never be justified as in a child’s best interests also in line with the New York Declaration for Refugees and Migrants of 19 September 2016; calls on the Member States to provide adequate, humane and non-custodial alternatives to detention; |
| --- | --- |

34.

| 35. | Calls on the Commission to ensure that Member States and Frontex have monitoring bodies in place that are supported by a proper mandate, capacity and competence, a high level of independence and expertise, and transparent procedures; stresses that return monitoring should encompass all phases of return operations, with adequate resources; calls on the Commission and Member States to make use of existing independent monitoring bodies, such as national and international organisations and National Human Rights Institutions, by cooperating with or designating them as forced return monitoring systems; urges the Commission to ensure the establishment of a post-return monitoring mechanism to understand the fate of returned persons, where legally and practically possible, with particular attention for vulnerable groups, including unaccompanied minors and families; calls on the Member States to carry out proper handovers of child protection services among national authorities to ensure that returned children are taken care of and have access to national child protection services; highlights the need to follow up on the reintegration plans of returnees to ensure their effective implementation; calls on the Commission to facilitate the exchange of good practices between the Member States regarding post-return monitoring and to allocate sufficient funding for this purpose; |
| --- | --- |

35.

| 36. | Calls on the Member States to ensure the proper implementation of the Return Directive in all its aspects; calls on the Commission to continue monitoring this implementation and take action in the event of non-compliance; |
| --- | --- |

36.

o

o o

| 37. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

37.

---

(1)  OJ L 348, 24.12.2008, p. 98.

(2)  OJ L 312, 7.12.2018, p. 1.

(3)  OJ L 198, 22.6.2020, p. 1.

(4)  ECLI:EU:C:2009:741.

(5)  ECLI:EU:C:2011:268.

(6)  ECLI:EU:C:2013:343.

(7)  ECLI:EU:C:2014:1320.

(8)  ECLI:EU:C:2015:377.

(9)  ECLI:EU:C:2016:408.

(10)  ECLI:EU:C:2018:308.

(11)  ECLI:EU:C:2018:465.

(12)  OJ L 66, 11.3.2017, p. 15.

(13)  OJ L 339, 19.12.2017, p. 83.

(14)  OJ C 58, 15.2.2018, p. 9.

(15)  OJ C 298, 23.8.2018, p. 39.

(16)  Texts adopted, P8_TA(2019)0175.

(17)  OJ L 295, 6.11.2013, p. 27.

(18)  OJ L 123, 12.5.2016, p. 1.

(19)  OJ C 76, 9.3.2020, p. 86.

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/36 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/36

---

P9_TA(2020)0365

Genetically modified soybean MON 87751 × MON 87701 × MON 87708 × MON 89788

European Parliament resolution of 17 December 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87751 × MON 87701 × MON 87708 × MON 89788, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069145/02 — 2020/2891(RSP))

(2021/C 445/05)

The European Parliament,

| — | having regard to the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87751 × MON 87701 × MON 87708 × MON 89788, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069145/02, |
| --- | --- |

—

having regard to the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87751 × MON 87701 × MON 87708 × MON 89788, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069145/02,

| — | having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Articles 7(3) and 19(3) thereof, |
| --- | --- |

—

having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Articles 7(3) and 19(3) thereof,

| — | having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 26 October 2020, at which no opinion was delivered, |
| --- | --- |

—

having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 26 October 2020, at which no opinion was delivered,

| — | having regard to Articles 11 and 13 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (2), |
| --- | --- |

—

having regard to Articles 11 and 13 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (2),

| — | having regard to the opinion adopted by the European Food Safety Authority (EFSA) on 25 September 2019, and published on 11 November 2019 (3), |
| --- | --- |

—

having regard to the opinion adopted by the European Food Safety Authority (EFSA) on 25 September 2019, and published on 11 November 2019 (3),

| — | having regard to its previous resolutions objecting to the authorisation of genetically modified organisms (‘GMOs’) (4), |
| --- | --- |

—

having regard to its previous resolutions objecting to the authorisation of genetically modified organisms (‘GMOs’) (4),

| — | having regard to Rule 112(2) and (3) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 112(2) and (3) of its Rules of Procedure,

| — | having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety, |
| --- | --- |

—

having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety,

| A. | whereas on 17 December 2015, Monsanto Europe N.V. on behalf of Monsanto Company, United States, submitted to the national competent authority of the Netherlands an application for the placing on the market of foods, food ingredients and feed containing, consisting of or produced from genetically modified (‘GM’) soybean MON 87751 × MON 87701 × MON 87708 × MON 89788, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003 (‘the application’); whereas the application also covered the placing on the market of products containing or consisting of GM soybean MON 87751 × MON 87701 × MON 87708 × MON 89788 (‘the stacked GM soybean’) for uses other than food and feed, with the exception of cultivation; |
| --- | --- |

A.

whereas on 17 December 2015, Monsanto Europe N.V. on behalf of Monsanto Company, United States, submitted to the national competent authority of the Netherlands an application for the placing on the market of foods, food ingredients and feed containing, consisting of or produced from genetically modified (‘GM’) soybean MON 87751 × MON 87701 × MON 87708 × MON 89788, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003 (‘the application’); whereas the application also covered the placing on the market of products containing or consisting of GM soybean MON 87751 × MON 87701 × MON 87708 × MON 89788 (‘the stacked GM soybean’) for uses other than food and feed, with the exception of cultivation;

| B. | whereas the stacked GM soybean is derived from crossing four genetically modified (‘GM’) soybean events (MON 87751 × MON 87701 × MON 87708 × MON 89788), confers tolerance to glyphosate-, glufosinate- and dicamba-containing herbicides and produces three insecticidal proteins (Cry1A.105, Cry2Ab2 and Cry1Ac) (also known as ‘Bt toxins’) which are toxic to certain lepidopteran (butterfly and moth) larvae (5); |
| --- | --- |

B.

whereas the stacked GM soybean is derived from crossing four genetically modified (‘GM’) soybean events (MON 87751 × MON 87701 × MON 87708 × MON 89788), confers tolerance to glyphosate-, glufosinate- and dicamba-containing herbicides and produces three insecticidal proteins (Cry1A.105, Cry2Ab2 and Cry1Ac) (also known as ‘Bt toxins’) which are toxic to certain lepidopteran (butterfly and moth) larvae (5);

| C. | whereas previous assessments of the four single events of the stacked GM soybean, which have already been authorised, were used as a basis for the assessment of the four-event stacked GM soybean (6); |
| --- | --- |

C.

whereas previous assessments of the four single events of the stacked GM soybean, which have already been authorised, were used as a basis for the assessment of the four-event stacked GM soybean (6);

| D. | whereas on 25 September 2019 EFSA adopted a favourable opinion, which was published on 11 November 2019 (7); |
| --- | --- |

D.

whereas on 25 September 2019 EFSA adopted a favourable opinion, which was published on 11 November 2019 (7);

Member State comments and additional points

| E. | whereas Member State competent authorities submitted many critical comments to EFSA during the three-month consultation period (8); whereas those critical comments include concerns that no analysis has been done regarding glyphosate residues or glyphosate metabolites on the stacked GM soybean, that there has been no testing of the possible synergistic or antagonistic effects of the Bt toxins with the herbicide residues, that questions on the safety of the stacked GM soybean and derived food and feed remain unanswered, that the potential long-term reproductive or developmental effects of the food or feed have not been assessed and that, due to missing information, the safety of the stacked GM soybean cannot be fully assessed; |
| --- | --- |

E.

whereas Member State competent authorities submitted many critical comments to EFSA during the three-month consultation period (8); whereas those critical comments include concerns that no analysis has been done regarding glyphosate residues or glyphosate metabolites on the stacked GM soybean, that there has been no testing of the possible synergistic or antagonistic effects of the Bt toxins with the herbicide residues, that questions on the safety of the stacked GM soybean and derived food and feed remain unanswered, that the potential long-term reproductive or developmental effects of the food or feed have not been assessed and that, due to missing information, the safety of the stacked GM soybean cannot be fully assessed;

| F. | whereas an independent scientific analysis has found that, inter alia, no final conclusion can be drawn regarding the safety of the stacked GM soybean, that the toxicological assessment and the environmental risk assessment are unacceptable and that the risk assessment does not fulfil requirements for assessing risks to the immune system (9); |
| --- | --- |

F.

whereas an independent scientific analysis has found that, inter alia, no final conclusion can be drawn regarding the safety of the stacked GM soybean, that the toxicological assessment and the environmental risk assessment are unacceptable and that the risk assessment does not fulfil requirements for assessing risks to the immune system (9);

Complementary herbicides

| G. | whereas it has been shown that the cultivation of herbicide-tolerant GM crops results in a higher use of herbicides, due in large part to the emergence of herbicide-tolerant weeds (10); whereas, as a consequence, it has to be expected that crops of the stacked GM soybean will be exposed to both higher and repeated doses of complementary herbicides (glufosinate, dicamba and glyphosate), which will potentially lead to a higher quantity of residues in the harvest; |
| --- | --- |

G.

whereas it has been shown that the cultivation of herbicide-tolerant GM crops results in a higher use of herbicides, due in large part to the emergence of herbicide-tolerant weeds (10); whereas, as a consequence, it has to be expected that crops of the stacked GM soybean will be exposed to both higher and repeated doses of complementary herbicides (glufosinate, dicamba and glyphosate), which will potentially lead to a higher quantity of residues in the harvest;

| H. | whereas glufosinate is classified as toxic to reproduction 1B and thus meets the ‘cut-off criteria’ set out in Regulation (EC) No 1107/2009 of the European Parliament and of the Council (11); whereas the approval of glufosinate for use in the Union expired on 31 July 2018 (12); |
| --- | --- |

H.

whereas glufosinate is classified as toxic to reproduction 1B and thus meets the ‘cut-off criteria’ set out in Regulation (EC) No 1107/2009 of the European Parliament and of the Council (11); whereas the approval of glufosinate for use in the Union expired on 31 July 2018 (12);

| I. | whereas a peer-reviewed study found that glyphosate accumulates in GM soybeans, with a corresponding negative impact on nutritional composition compared with non-GM soybeans (13); whereas a pilot project carried out in Argentina found surprisingly high levels of glyphosate residues on GM soybeans (14); |
| --- | --- |

I.

whereas a peer-reviewed study found that glyphosate accumulates in GM soybeans, with a corresponding negative impact on nutritional composition compared with non-GM soybeans (13); whereas a pilot project carried out in Argentina found surprisingly high levels of glyphosate residues on GM soybeans (14);

| J. | whereas questions concerning the carcinogenicity of glyphosate remain; whereas EFSA concluded in November 2015 that glyphosate was unlikely to be carcinogenic and the European Chemicals Agency concluded in March 2017 that no classification was warranted; whereas, on the contrary, in 2015, the International Agency for Research on Cancer, the specialised cancer agency of the World Health Organization, classified glyphosate as a probable carcinogen for humans; whereas a number of recent scientific peer-reviewed studies confirm the carcinogenic potential of glyphosate (15); |
| --- | --- |

J.

whereas questions concerning the carcinogenicity of glyphosate remain; whereas EFSA concluded in November 2015 that glyphosate was unlikely to be carcinogenic and the European Chemicals Agency concluded in March 2017 that no classification was warranted; whereas, on the contrary, in 2015, the International Agency for Research on Cancer, the specialised cancer agency of the World Health Organization, classified glyphosate as a probable carcinogen for humans; whereas a number of recent scientific peer-reviewed studies confirm the carcinogenic potential of glyphosate (15);

| K. | whereas a scientific study published in August 2020 found that use of dicamba can increase the risk of developing liver and intrahepatic bile duct cancers (16); |
| --- | --- |

K.

whereas a scientific study published in August 2020 found that use of dicamba can increase the risk of developing liver and intrahepatic bile duct cancers (16);

| L. | whereas in GM plants, the way in which complementary herbicides are broken down by the plant, and the composition, and thus toxicity, of the break-down products (‘metabolites’) may be driven by the genetic modification itself (17); |
| --- | --- |

L.

whereas in GM plants, the way in which complementary herbicides are broken down by the plant, and the composition, and thus toxicity, of the break-down products (‘metabolites’) may be driven by the genetic modification itself (17);

| M. | whereas, whilst it is stated in the EFSA opinion that ‘the assessment of herbicide residues relevant for this application has been investigated by the EFSA Pesticide Unit’, this is not sufficient since the combinatorial toxicity of the complementary herbicides and break-down products and their potential interaction with the stacked GM soybean itself have not been taken into account; |
| --- | --- |

M.

whereas, whilst it is stated in the EFSA opinion that ‘the assessment of herbicide residues relevant for this application has been investigated by the EFSA Pesticide Unit’, this is not sufficient since the combinatorial toxicity of the complementary herbicides and break-down products and their potential interaction with the stacked GM soybean itself have not been taken into account;

| N. | whereas the lack of analysis of herbicide residues on the GM crops and potential health risks were raised by a number of Member State competent authorities as a concern in their comments on EFSA’s risk assessment; |
| --- | --- |

N.

whereas the lack of analysis of herbicide residues on the GM crops and potential health risks were raised by a number of Member State competent authorities as a concern in their comments on EFSA’s risk assessment;

Lack of maximum residue levels (‘MRLs’) and related controls

| O. | whereas, under Regulation (EC) No 396/2005 of the European Parliament and of the Council (18), which aims to ensure a high level of consumer protection in relation to MRLs, the residues on imported crops of active substances which are not authorised for use in the Union, such as glufosinate, should be carefully controlled and monitored (19); |
| --- | --- |

O.

whereas, under Regulation (EC) No 396/2005 of the European Parliament and of the Council (18), which aims to ensure a high level of consumer protection in relation to MRLs, the residues on imported crops of active substances which are not authorised for use in the Union, such as glufosinate, should be carefully controlled and monitored (19);

| P. | whereas under the latest coordinated multiannual control programme of the Union (for the years 2020, 2021 and 2022), Member States are not obliged to measure glufosinate residues on any products, including soybean (20); |
| --- | --- |

P.

whereas under the latest coordinated multiannual control programme of the Union (for the years 2020, 2021 and 2022), Member States are not obliged to measure glufosinate residues on any products, including soybean (20);

Bt proteins

| Q. | whereas a number of studies show that side effects have been observed that may affect the immune system following exposure to Bt proteins and that some Bt proteins may have adjuvant properties (21), meaning that they can increase the allergenicity of other proteins that they come into contact with; |
| --- | --- |

Q.

whereas a number of studies show that side effects have been observed that may affect the immune system following exposure to Bt proteins and that some Bt proteins may have adjuvant properties (21), meaning that they can increase the allergenicity of other proteins that they come into contact with;

| R. | whereas a minority opinion adopted by a member of the EFSA GMO Panel in the process of assessing a stacked GM maize and its sub-combinations found that, while unintended effects on the immune system have never been identified in any application where Bt proteins are expressed, they could ‘not be observed by the toxicological studies [...] currently recommended and performed for the safety assessment of GM plants at EFSA because they do not include the appropriate tests for this purpose’ (22); |
| --- | --- |

R.

whereas a minority opinion adopted by a member of the EFSA GMO Panel in the process of assessing a stacked GM maize and its sub-combinations found that, while unintended effects on the immune system have never been identified in any application where Bt proteins are expressed, they could ‘not be observed by the toxicological studies [...] currently recommended and performed for the safety assessment of GM plants at EFSA because they do not include the appropriate tests for this purpose’ (22);

| S. | whereas it cannot be concluded that consumption of the stacked GM soybean is safe for human and animal health; |
| --- | --- |

S.

whereas it cannot be concluded that consumption of the stacked GM soybean is safe for human and animal health;

Undemocratic decision-making

| T. | whereas the vote on 26 October 2020 of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003 delivered no opinion, meaning that the authorisation was not supported by a qualified majority of Member States; |
| --- | --- |

T.

whereas the vote on 26 October 2020 of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003 delivered no opinion, meaning that the authorisation was not supported by a qualified majority of Member States;

| U. | whereas the Commission recognises that the fact that GMO authorisation decisions continue to be adopted by the Commission without a qualified majority of Member States in favour, which is very much the exception for product authorisations as a whole but which has become the norm for decision-making on GM food and feed authorisations, is problematic; |
| --- | --- |

U.

whereas the Commission recognises that the fact that GMO authorisation decisions continue to be adopted by the Commission without a qualified majority of Member States in favour, which is very much the exception for product authorisations as a whole but which has become the norm for decision-making on GM food and feed authorisations, is problematic;

| V. | whereas, in its eighth term, Parliament adopted a total of 36 resolutions objecting to the placing on the market of GMOs for food and feed (33 resolutions) and to the cultivation of GMOs in the Union (three resolutions); whereas, to date, Parliament has adopted eleven objections in its ninth term; whereas there was not a qualified majority of Member States in favour of authorising any of those GMOs; whereas despite its own acknowledgement of the democratic shortcomings, the lack of support from Member States and the objections of Parliament, the Commission continues to authorise GMOs; |
| --- | --- |

V.

whereas, in its eighth term, Parliament adopted a total of 36 resolutions objecting to the placing on the market of GMOs for food and feed (33 resolutions) and to the cultivation of GMOs in the Union (three resolutions); whereas, to date, Parliament has adopted eleven objections in its ninth term; whereas there was not a qualified majority of Member States in favour of authorising any of those GMOs; whereas despite its own acknowledgement of the democratic shortcomings, the lack of support from Member States and the objections of Parliament, the Commission continues to authorise GMOs;

| W. | whereas, under Regulation (EU) No 182/2011, the Commission may decide not to authorise a GMO when there is no qualified majority of Member States in favour in the Appeal Committee (23); whereas no change of law is required in this respect; |
| --- | --- |

W.

whereas, under Regulation (EU) No 182/2011, the Commission may decide not to authorise a GMO when there is no qualified majority of Member States in favour in the Appeal Committee (23); whereas no change of law is required in this respect;

Upholding the Union’s international obligations

| X. | whereas Regulation (EC) No 1829/2003 provides that GM food or feed must not have adverse effects on human health, animal health or the environment, and requires the Commission to take into account any relevant provisions of Union law and other legitimate factors relevant to the matter under consideration when drafting its decision; whereas such legitimate factors should include the Union’s obligations under the United Nations (UN) Sustainable Development Goals (‘SDGs’), the Paris Climate Agreement and the UN Convention on Biological Diversity (‘UN CBD’); |
| --- | --- |

X.

whereas Regulation (EC) No 1829/2003 provides that GM food or feed must not have adverse effects on human health, animal health or the environment, and requires the Commission to take into account any relevant provisions of Union law and other legitimate factors relevant to the matter under consideration when drafting its decision; whereas such legitimate factors should include the Union’s obligations under the United Nations (UN) Sustainable Development Goals (‘SDGs’), the Paris Climate Agreement and the UN Convention on Biological Diversity (‘UN CBD’);

| Y. | whereas a recent report by the UN’s Special Rapporteur on the right to Food found that, particularly in developing countries, hazardous pesticides have catastrophic impacts on health (24); whereas SDG Target 3.9 aims by 2030 to substantially reduce the number of deaths and illnesses from hazardous chemicals and air, water and soil pollution and contamination (25); |
| --- | --- |

Y.

whereas a recent report by the UN’s Special Rapporteur on the right to Food found that, particularly in developing countries, hazardous pesticides have catastrophic impacts on health (24); whereas SDG Target 3.9 aims by 2030 to substantially reduce the number of deaths and illnesses from hazardous chemicals and air, water and soil pollution and contamination (25);

| Z. | whereas EFSA found that the estimated operator exposure to glufosinate, classified as toxic to reproduction, when used for weed control in GM maize exceeded the acceptable operator exposure level even when personal protective equipment was used (26); whereas the risk of increased operator exposure is of particular concern in relation to herbicide-tolerant GM crops, given the higher volumes of herbicides used; |
| --- | --- |

Z.

whereas EFSA found that the estimated operator exposure to glufosinate, classified as toxic to reproduction, when used for weed control in GM maize exceeded the acceptable operator exposure level even when personal protective equipment was used (26); whereas the risk of increased operator exposure is of particular concern in relation to herbicide-tolerant GM crops, given the higher volumes of herbicides used;

| AA. | whereas deforestation is a major cause of biodiversity decline; whereas emissions from land-use and land-use change, mostly due to deforestation, are the second biggest cause of climate change after burning fossil fuels (27); whereas the Paris Climate Agreement and the Strategic Plan for Biodiversity 2011-2020 adopted under the UN CBD and the Aichi Biodiversity Targets promote sustainable forest management, protection and restoration efforts (28); whereas SDG 15 includes the target of halting deforestation by 2020 (29); whereas forests play a multifunctional role that support the achievement of most SDGs (30); |
| --- | --- |

AA.

whereas deforestation is a major cause of biodiversity decline; whereas emissions from land-use and land-use change, mostly due to deforestation, are the second biggest cause of climate change after burning fossil fuels (27); whereas the Paris Climate Agreement and the Strategic Plan for Biodiversity 2011-2020 adopted under the UN CBD and the Aichi Biodiversity Targets promote sustainable forest management, protection and restoration efforts (28); whereas SDG 15 includes the target of halting deforestation by 2020 (29); whereas forests play a multifunctional role that support the achievement of most SDGs (30);

| AB. | whereas soya production is a key driver of deforestation in the Amazon, Cerrado and Gran Chaco forests in South America; whereas 97 % and 100 % of soya cultivated respectively in Brazil and Argentina is GM soya (31); |
| --- | --- |

AB.

whereas soya production is a key driver of deforestation in the Amazon, Cerrado and Gran Chaco forests in South America; whereas 97 % and 100 % of soya cultivated respectively in Brazil and Argentina is GM soya (31);

| AC. | whereas the vast majority of GM soybeans authorised for cultivation in Brazil and Argentina are also authorised for import into the Union (32); whereas the stacked GM soybean is already authorised for cultivation in Brazil (33); |
| --- | --- |

AC.

whereas the vast majority of GM soybeans authorised for cultivation in Brazil and Argentina are also authorised for import into the Union (32); whereas the stacked GM soybean is already authorised for cultivation in Brazil (33);

| AD. | whereas an analysis by the Commission found that soya has historically been the Union’s number one contributor to global deforestation and related emissions, accounting for nearly half of the deforestation embodied in all Union imports (34); |
| --- | --- |

AD.

whereas an analysis by the Commission found that soya has historically been the Union’s number one contributor to global deforestation and related emissions, accounting for nearly half of the deforestation embodied in all Union imports (34);

| AE. | whereas a recent peer-reviewed scientific study found that the Union is the region with the largest carbon footprint in the world associated with soya imports from Brazil, 13,8 % larger than that of China, the largest soya importer, due to a larger share of emissions from embodied deforestation (35); whereas another recent study found that approximately a fifth of the soya exported to the Union from Brazil’s Amazon and Cerrado regions, mostly for animal feed, may be ‘contaminated with illegal deforestation’ (36); |
| --- | --- |

AE.

whereas a recent peer-reviewed scientific study found that the Union is the region with the largest carbon footprint in the world associated with soya imports from Brazil, 13,8 % larger than that of China, the largest soya importer, due to a larger share of emissions from embodied deforestation (35); whereas another recent study found that approximately a fifth of the soya exported to the Union from Brazil’s Amazon and Cerrado regions, mostly for animal feed, may be ‘contaminated with illegal deforestation’ (36);

| AF. | whereas forest fires in the Amazon are driven by high levels of deforestation; whereas in a 2019 Communication, the Commission expressed its ambition to protect and restore the world’s forests (37); whereas the global protection of biodiversity, including forests, is a key objective of the Commission’s recently published EU Biodiversity Strategy (38); |
| --- | --- |

AF.

whereas forest fires in the Amazon are driven by high levels of deforestation; whereas in a 2019 Communication, the Commission expressed its ambition to protect and restore the world’s forests (37); whereas the global protection of biodiversity, including forests, is a key objective of the Commission’s recently published EU Biodiversity Strategy (38);

| 1. | Considers that the draft Commission implementing decision exceeds the implementing powers provided for in Regulation (EC) No 1829/2003; |
| --- | --- |

1.

| 2. | Considers that the draft Commission implementing decision is not consistent with Union law, in that it is not compatible with the aim of Regulation (EC) No 1829/2003, which is, in accordance with the general principles laid down in Regulation (EC) No 178/2002 of the European Parliament and of the Council (39), to provide the basis for ensuring a high level of protection of human life and health, animal health and welfare, and environmental and consumer interests, in relation to GM food and feed, while ensuring the effective functioning of the internal market; |
| --- | --- |

2.

| 3. | Calls on the Commission to withdraw its draft implementing decision; |
| --- | --- |

3.

| 4. | Welcomes the fact that the Commission finally recognised, in a letter of 11 September 2020 to Members, the need to take sustainability into account when it comes to authorisation decisions on GMOs (40); expresses its strong disappointment, however, that, on 28 September 2020, the Commission authorised another GM soybean for import (41) despite objections by Parliament and a majority of Member States; |
| --- | --- |

4.

| 5. | Calls on the Commission to move forward with the utmost urgency concerning the development of sustainability criteria, with full involvement of Parliament; calls on the Commission to provide information on how this process will be undertaken and in what timeframe; |
| --- | --- |

5.

| 6. | Urges the Commission, again, to take into account the Union’s obligations under international agreements, such as the Paris Climate Agreement, the UN CBD and the UN SDGs; |
| --- | --- |

6.

| 7. | Reiterates its call on the Commission to stop authorising GMOs, whether for cultivation or for food and feed uses, when no opinion is delivered by Member States in the Appeal Committee, in accordance with Article 6(3) of Regulation (EU) No 182/2011; |
| --- | --- |

7.

| 8. | Reiterates its call on the Commission not to authorise herbicide-tolerant GM crops until the health risks associated with the residues have been comprehensively investigated on a case-by-case basis, which requires a full assessment of the residues from spraying such GM crops with complementary herbicides, an assessment of the herbicide break-down products and any combinatorial effects, including with the GM plant itself; |
| --- | --- |

8.

| 9. | Reiterates its call on the Commission not to authorise the import for food or feed uses of any GM plant which has been made tolerant to a herbicide-active substance that is not authorised for use in the Union; |
| --- | --- |

9.

| 10. | Reiterates its call to EFSA to further develop and systematically use methods that permit the identification of unintended effects of stacked GM events, such as in relation to the adjuvant properties of Bt toxins; |
| --- | --- |

10.

| 11. | Reiterates its consternation that the Union’s high dependence on imports of animal feed in the form of soybeans causes deforestation in third countries (42); |
| --- | --- |

11.

| 12. | Welcomes the announcement of a legislative proposal from the Commission on ‘Measures to avoid or minimise the placing of products associated with deforestation or forest degradation on the EU market’ due by June 2021; in the meantime, given the urgency of tackling deforestation in the Amazon, Cerrado and Gran Chaco forests and the fact that the Union demand for GM soybeans contributes to deforestation in that region, reiterates its call on the Commission to immediately suspend the import of GM soybeans cultivated in Brazil and Argentina, using Article 53 of Regulation (EC) No 178/2002 if necessary, until effective legally binding mechanisms have been put in place to prevent the placing on the Union market of products associated with deforestation and related human rights violations; |
| --- | --- |

12.

| 13. | Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States. |
| --- | --- |

13.

---

(1)  OJ L 268, 18.10.2003, p. 1.

(2)  OJ L 55, 28.2.2011, p. 13.

(3)  Scientific Opinion of the EFSA Panel on Genetically Modified Organisms on the assessment of genetically modified soybean MON 87751 × MON 87701 × MON 87708 × MON 89788 for food and feed uses, under Regulation (EC) No 1829/2003 (application EFSA-GMO-NL-2016-128), EFSA Journal 2019; 17(11):5847, https://doi.org/10.2903/j.efsa.2019.5847

(4)  In its eighth term, the Parliament adopted 36 resolutions objecting to the authorisation of GMOs. Furthermore, in its ninth term Parliament has adopted the following resolutions:

| — | European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MZHG0JG (SYN-ØØØJG-2), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0028). |
| --- | --- |

—

European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MZHG0JG (SYN-ØØØJG-2), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0028).

| — | European Parliament resolution of 10 October 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean A2704-12 (ACS-GMØØ5-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0029). |
| --- | --- |

—

European Parliament resolution of 10 October 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean A2704-12 (ACS-GMØØ5-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0029).

| — | European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × MON 88017 × 59122 × DAS-40278-9 and genetically modified maize combining two, three or four of the single events MON 89034, 1507, MON 88017, 59122 and DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0030). |
| --- | --- |

—

European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × MON 88017 × 59122 × DAS-40278-9 and genetically modified maize combining two, three or four of the single events MON 89034, 1507, MON 88017, 59122 and DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0030).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified cotton LLCotton25 (ACS-GHØØ1-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0054). |
| --- | --- |

—

European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified cotton LLCotton25 (ACS-GHØØ1-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0054).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 89788 (MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0055). |
| --- | --- |

—

European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 89788 (MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0055).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × NK603 × DAS-40278-9 and sub-combinations MON 89034 × NK603 × DAS-40278-9, 1507 × NK603 × DAS-40278-9 and NK603 × DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0056). |
| --- | --- |

—

European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × NK603 × DAS-40278-9 and sub-combinations MON 89034 × NK603 × DAS-40278-9, 1507 × NK603 × DAS-40278-9 and NK603 × DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0056).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize Bt11 × MIR162 × MIR604 × 1507 × 5307 × GA21 and genetically modified maize combining two, three, four or five of the single events Bt11, MIR162, MIR604, 1507, 5307 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0057). |
| --- | --- |

—

European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize Bt11 × MIR162 × MIR604 × 1507 × 5307 × GA21 and genetically modified maize combining two, three, four or five of the single events Bt11, MIR162, MIR604, 1507, 5307 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0057).

| — | European Parliament resolution of 14 May 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87708 × MON 89788 × A5547-127, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0069). |
| --- | --- |

—

European Parliament resolution of 14 May 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87708 × MON 89788 × A5547-127, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0069).

| — | European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two or three of the single events MON 87427, MON 89034, MIR162 and NK603, and repealing Commission Implementing Decision (EU) 2018/1111 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0291). |
| --- | --- |

—

European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two or three of the single events MON 87427, MON 89034, MIR162 and NK603, and repealing Commission Implementing Decision (EU) 2018/1111 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0291).

| — | European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean SYHT0H2 (SYN-ØØØH2-5), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0292). |
| --- | --- |

—

European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean SYHT0H2 (SYN-ØØØH2-5), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0292).

| — | European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two, three or four of the single events MON 87427, MON 87460, MON 89034, MIR162 and NK603, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0293). |
| --- | --- |

—

European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two, three or four of the single events MON 87427, MON 87460, MON 89034, MIR162 and NK603, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0293).

(5)  EFSA opinion, p. 11, https://efsa.onlinelibrary.wiley.com/doi/full/10.2903/j.efsa.2019.5847

(6)  EFSA opinion, p. 3, https://efsa.onlinelibrary.wiley.com/doi/full/10.2903/j.efsa.2019.5847

(7)  Idem.

(8)  Member State comments:

http://registerofquestions.efsa.europa.eu/roqFrontend/questionLoader?question=EFSA-Q-2016-00009

(9)  Testbiotech comment on EFSA’s assessment of genetically engineered soybean MON87751 x MON87701 x MON87708 x MON89788 for food and feed uses, under Regulation (EC) No 1829/2003 (application EFSA-GMO-NL-2016- 128) by Bayer/Monsanto, December 2019, https://www.testbiotech.org/sites/default/files/Testbiotech_Comment_MON87751%20x%20MON87701%20x%20MON87708%20x%20MON89788_fin.pdf

(10)  See, for example, Bonny, S., ‘Genetically Modified Herbicide-Tolerant Crops, Weeds, and Herbicides: Overview and Impact’, Environmental Management, January 2016; 57(1), pp. 31-48,

https://www.ncbi.nlm.nih.gov/pubmed/26296738, Benbrook, C.M., ‘Impacts of genetically engineered crops on pesticide use in the U.S. -- the first sixteen years’, Environmental Sciences Europe 24, 24 (2012), https://enveurope.springeropen.com/articles/10.1186/2190-4715-24-24, and Schütte, G., Eckerstorfer, M., Rastelli, V. et al., ‘Herbicide resistance and biodiversity: agronomic and environmental aspects of genetically modified herbicide-resistant plants’, Environmental Sciences Europe 29, 5 (2017),

https://enveurope.springeropen.com/articles/10.1186/s12302-016-0100-y

(11)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

(12)  https://ec.europa.eu/food/plant/pesticides/eu-pesticides-database/active-substances/index.cfm?event=as.details&as_id=79

(13)  https://www.ncbi.nlm.nih.gov/pubmed/24491722

(14)  https://www.testbiotech.org/sites/default/files/TBT_Background_ Glyphosate_Argentina_0.pdf

(15)  See, for example, https://www.sciencedirect.com/science/article/pii/S1383574218300887

https://academic.oup.com/ije/advance-article/doi/10.1093/ije/dyz017/5382278

https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0219610 and

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6612199/

(16)  https://academic.oup.com/ije/advance-article-abstract/doi/10.1093/ije/dyaa066/5827818?redirectedFrom=fulltext

(17)  This is indeed the case for glyphosate, as stated in EFSA Review of the existing maximum residue levels for glyphosate according to Article 12 of Regulation (EC) No 396/2005, EFSA Journal 2018; 16(5):5263, p. 12, https://www.efsa.europa.eu/fr/efsajournal/pub/5263

(18)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).

(19)  See recital 8 of Regulation (EC) No 396/2005.

(20)  Commission Implementing Regulation (EU) 2019/533 of 28 March 2019 concerning a coordinated multiannual control programme of the Union for 2020, 2021 and 2022 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (OJ L 88, 29.3.2019, p. 28).

(21)  For a review, see Rubio-Infante, N., Moreno-Fierros, L., ‘An overview of the safety and biological effects of Bacillus thuringiensis Cry toxins in mammals’, Journal of Applied Toxicology, May 2016, 36(5): pp. 630-648, http://onlinelibrary.wiley.com/doi/10.1002/jat.3252/full

(22)  Application EFSA-GMO-DE-2010-86 (Bt11 × MIR162 × 1507 × GA21 maize and three sub combinations independently of their origin), Minority Opinion, Wal, J.M., Member of the EFSA GMO Panel, EFSA Journal 2018; 16(7):5309, p. 34, https://efsa.onlinelibrary.wiley.com/doi/epdf/10.2903/j.efsa.2018.5309

(23)  The Commission ‘may’, and not ‘shall’, go ahead with authorisation if there is no qualified majority of Member States in favour at the Appeal Committee according to Article 6(3) of Regulation (EU) No 182/2011.

(24)  https://www.ohchr.org/EN/Issues/Environment/SRToxicsandhumanrights/Pages/Pesticidesrighttofood.aspx

(25)  https://www.un.org/sustainabledevelopment/health/

(26)  EFSA Conclusion regarding the peer review of the pesticide risk assessment of the active substance glufosinate, EFSA Scientific Report (2005) 27, 1-81, p. 3, https://efsa.onlinelibrary.wiley.com/doi/pdf/10.2903/j.efsa.2005.27r

(27)  Communication of the Commission of 23 July 2019, ‘Stepping up EU action to Protect and Restore the World’s forests’, COM(2019)0352, p. 1.

(28)  Idem, p. 2.

(29)  See target 15.2: https://www.un.org/sustainabledevelopment/biodiversity/

(30)  Communication of the Commission of 23 July 2019, ‘Stepping up EU action to Protect and Restore the World’s forests’, COM(2019)0352, p. 2.

(31)  International Service for the Acquisition of Agri-biotech Applications, ‘Global status of commercialized biotech/GM crops in 2017: Biotech Crop Adoption Surges as Economic Benefits Accumulate in 22 Years’, ISAAA Brief No. 53 (2017), pp. 16 and 21, http://www.isaaa.org/resources/publications/briefs/53/download/isaaa-brief-53-2017.pdf

(32)  Via a cross check of two databases in October 2020 (the Community register of GM food and feed (https://webgate.ec.europa.eu/dyna/gm_register/index_en.cfm) and ISAAA GM approval database ((http://www.isaaa.org/gmapprovaldatabase/)) it can be calculated how many GM soybean crops authorised for cultivation in Brazil and Argentina are also authorised for import into the Union. For Brazil: Out of 17 GM soybean crops authorised for cultivation, 12 are currently authorised for import into the Union whilst authorisation for import is pending for three of the GM soybeans. For Argentina: out of a total 15 GM soybean crops authorised for cultivation, 10 are currently authorised for import into the Union whilst authorisation for import is pending for three of the GM soybeans.

(33)  https://www.isaaa.org/gmapprovaldatabase/event/default.asp?EventID= 438&Event=MON87751%20x%20MON87701%20x%20MON87708%20x%20MON89788

(34)  Technical Report — 2013 — 063 of the Commission, ‘The impact of EU consumption on deforestation: Comprehensive analysis of the impact of EU consumption on deforestation’, study funded by the European Commission, DG ENV, and undertaken by VITO, IIASA, HIVA and IUCN NL, http://ec.europa.eu/environment/forests/pdf/1.%20Report%20analysis%20of%20impact.pdf, pp. 23-24: Between 1990 and 2008, the Union imported crop and livestock products embodying 90 000 km2 of deforestation. Crop products accounted for 74 000 km2 (82 %) of this, with oil crops having the largest share (52 000 km2). Soybeans and soya cake accounted for 82 % of this (42 600 km2), equivalent to 47 % of the Union’s total import of embodied deforestation.

(35)  Escobar, N., Tizado, E. J., zu Ermgassen, E. K., Löfgren, P., Börner, J., Godar, J., ‘Spatially-explicit footprints of agricultural commodities: Mapping carbon emissions embodied in Brazil’s soy exports’, Global Environmental Change, Volume 62, May 2020, 102067,

https://www.sciencedirect.com/science/article/pii/S0959378019308623

(36)  Rajão, R., Soares-Filho, B., Nunes, F., Börner, J., Machado, L., Assis, D., Oliveira, A., Pinto, L., Ribeiro, V., Rausch, L., Gibbs, H., Figueira, D., ‘The rotten apples of Brazil’s agribusiness’, Science 17 July 2020, Volume. 369, Issue 6501, pp. 246-248, https://science.sciencemag.org/content/369/6501/246

(37)  EU Communication on Stepping up EU Action to Protect and Restore the World’s Forests https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52019DC0352&from=EN

(38)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: ‘EU Biodiversity Strategy for 2030: Bringing nature back into our lives’ May 2020 https://eur-lex.europa.eu/resource.html?uri=cellar:a3c806a6-9ab3-11ea-9d2d-01aa75ed71a1.0001.02/DOC_1&format=PDF

(39)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

(40)  https://tillymetz.lu/wp-content/uploads/2020/09/Co-signed-letter-MEP-Metz.pdf

(41)  MON 87708 × MON 89788 × A5547-127. https://webgate.ec.europa.eu/dyna/gm_register/gm_register_auth.cfm?pr_id=100

(42)  Idem.

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/43 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/43

---

P9_TA(2020)0366

Genetically modified maize MON 87427 × MON 89034 × MIR162 × MON 87411 and genetically modified maize combining two or three of the single events MON 87427, MON 89034, MIR162 and MON 87411

European Parliament resolution of 17 December 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × MON 87411 and genetically modified maize combining two or three of the single events MON 87427, MON 89034, MIR162 and MON 87411 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069146/02 — 2020/2892(RSP))

(2021/C 445/06)

The European Parliament,

| — | having regard to the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × MON 87411 and genetically modified maize combining two or three of the single events MON 87427, MON 89034, MIR162 and MON 87411 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069146/02, |
| --- | --- |

—

having regard to the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × MON 87411 and genetically modified maize combining two or three of the single events MON 87427, MON 89034, MIR162 and MON 87411 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069146/02,

| — | having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Articles 7(3) and 19(3) thereof, |
| --- | --- |

—

having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Articles 7(3) and 19(3) thereof,

| — | having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 26 October 2020, at which no opinion was delivered, |
| --- | --- |

—

having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 26 October 2020, at which no opinion was delivered,

| — | having regard to Articles 11 and 13 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (2), |
| --- | --- |

—

having regard to Articles 11 and 13 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (2),

| — | having regard to the opinion adopted by the European Food Safety Authority (EFSA) on 26 September 2019, and published on 7 November 2019 (3), |
| --- | --- |

—

having regard to the opinion adopted by the European Food Safety Authority (EFSA) on 26 September 2019, and published on 7 November 2019 (3),

| — | having regard to its previous resolutions objecting to the authorisation of genetically modified organisms (‘GMOs’) (4), |
| --- | --- |

—

having regard to its previous resolutions objecting to the authorisation of genetically modified organisms (‘GMOs’) (4),

| — | having regard to Rule 112(2) and (3) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 112(2) and (3) of its Rules of Procedure,

| — | having regard to the motion for a resolution by the Committee on the Environment, Public Health and Food Safety, |
| --- | --- |

—

having regard to the motion for a resolution by the Committee on the Environment, Public Health and Food Safety,

| A. | whereas, on 24 May 2017, Monsanto Europe N.V. submitted, on behalf of Monsanto company, United States, an application to the national competent authority of the Netherlands for the placing on the market of foods, food ingredients and feed containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × MON 87411 (‘the stacked GM maize’) in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003 (‘the application’); whereas the application also covered the placing on the market of products containing or consisting of the stacked GM maize for uses other than food and feed, with the exception of cultivation; |
| --- | --- |

A.

whereas, on 24 May 2017, Monsanto Europe N.V. submitted, on behalf of Monsanto company, United States, an application to the national competent authority of the Netherlands for the placing on the market of foods, food ingredients and feed containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × MON 87411 (‘the stacked GM maize’) in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003 (‘the application’); whereas the application also covered the placing on the market of products containing or consisting of the stacked GM maize for uses other than food and feed, with the exception of cultivation;

| B. | whereas, in addition, the application covered the placing on the market of products containing, consisting of or produced from 10 sub-combinations of those single transformation events constituting the stacked GM maize; |
| --- | --- |

B.

whereas, in addition, the application covered the placing on the market of products containing, consisting of or produced from 10 sub-combinations of those single transformation events constituting the stacked GM maize;

| C. | whereas four sub-combinations of the stacked GM maize have already been authorised; whereas the draft Commission implementing decision covers the remaining six sub-combinations; |
| --- | --- |

C.

whereas four sub-combinations of the stacked GM maize have already been authorised; whereas the draft Commission implementing decision covers the remaining six sub-combinations;

| D. | whereas the stacked GM maize is derived from crossing four genetically modified (‘GM’) maize events (MON 87427, MON 89034, MIR162 and MON 87411), confers tolerance to glyphosate-containing herbicides and produces four insecticidal proteins (Cry1A.105, Cry2Ab2, Vip3Aa20 and Cry3Bb1) which are also known as ‘Bt’ proteins and which are toxic to certain lepidopteran (butterflies and moths) and coleopteran insects (5); |
| --- | --- |

D.

whereas the stacked GM maize is derived from crossing four genetically modified (‘GM’) maize events (MON 87427, MON 89034, MIR162 and MON 87411), confers tolerance to glyphosate-containing herbicides and produces four insecticidal proteins (Cry1A.105, Cry2Ab2, Vip3Aa20 and Cry3Bb1) which are also known as ‘Bt’ proteins and which are toxic to certain lepidopteran (butterflies and moths) and coleopteran insects (5);

| E. | whereas previous assessments of the four single events and four of the sub-combinations of the stacked GM maize, which have already been authorised, were used as a basis for the assessment of the four-event stacked GM maize and the remaining six sub-combinations; |
| --- | --- |

E.

whereas previous assessments of the four single events and four of the sub-combinations of the stacked GM maize, which have already been authorised, were used as a basis for the assessment of the four-event stacked GM maize and the remaining six sub-combinations;

| F. | whereas, on 26 September 2019, EFSA adopted a favourable opinion, which was published on 7 November 2019, in relation to that application; |
| --- | --- |

F.

whereas, on 26 September 2019, EFSA adopted a favourable opinion, which was published on 7 November 2019, in relation to that application;

| G. | whereas Regulation (EC) No 1829/2003 states that GM food or feed must not have adverse effects on human health, animal health or the environment, and requires the Commission to take into account any relevant provisions of Union law and other legitimate factors relevant to the matter under consideration when drafting its decision; |
| --- | --- |

G.

whereas Regulation (EC) No 1829/2003 states that GM food or feed must not have adverse effects on human health, animal health or the environment, and requires the Commission to take into account any relevant provisions of Union law and other legitimate factors relevant to the matter under consideration when drafting its decision;

Member State concerns and lack of experimental data on sub-combinations

| H. | whereas Member States submitted many critical comments to EFSA during the three-month consultation period (6); whereas those critical comments include concerns that no analysis has been done regarding glyphosate residues or glyphosate metabolites on the stacked GM maize, that there has been no testing of the possible synergistic or antagonistic effects of the Bt proteins and of herbicide residues, that questions on the safety of the stacked GM maize and derived food and feed remain unanswered, that the potential long-term reproductive or developmental effects of the food or feed have not been assessed and that, due to missing information, the safety of the stacked GM maize cannot be fully assessed; |
| --- | --- |

H.

whereas Member States submitted many critical comments to EFSA during the three-month consultation period (6); whereas those critical comments include concerns that no analysis has been done regarding glyphosate residues or glyphosate metabolites on the stacked GM maize, that there has been no testing of the possible synergistic or antagonistic effects of the Bt proteins and of herbicide residues, that questions on the safety of the stacked GM maize and derived food and feed remain unanswered, that the potential long-term reproductive or developmental effects of the food or feed have not been assessed and that, due to missing information, the safety of the stacked GM maize cannot be fully assessed;

| I. | whereas an independent scientific analysis has found that, inter alia, no final conclusion can be drawn regarding the safety of the stacked GM maize, that the toxicological assessment and the environmental risk assessment are unacceptable and that the risk assessment does not fulfil requirements for assessing risks to the immune system (7); |
| --- | --- |

I.

whereas an independent scientific analysis has found that, inter alia, no final conclusion can be drawn regarding the safety of the stacked GM maize, that the toxicological assessment and the environmental risk assessment are unacceptable and that the risk assessment does not fulfil requirements for assessing risks to the immune system (7);

| J. | whereas no experimental data was provided by the applicant for the currently unauthorised six sub-combinations of the stacked GM maize (8); |
| --- | --- |

J.

whereas no experimental data was provided by the applicant for the currently unauthorised six sub-combinations of the stacked GM maize (8);

Lack of assessment of herbicide residues and break-down products

| K. | whereas a number of studies show that herbicide-tolerant GM crops result in a higher use of ‘complementary’ herbicides, due in large part to the emergence of herbicide-tolerant weeds (9); whereas, as a consequence, it has to be expected that the stacked GM maize will be exposed to both higher and repeated doses of glyphosate, and that therefore a higher quantity of residues may be present in the harvest; whereas the stacked GM maize expresses two glyphosate-tolerant proteins, making it even more tolerant to higher dosages and repeated spraying; |
| --- | --- |

K.

whereas a number of studies show that herbicide-tolerant GM crops result in a higher use of ‘complementary’ herbicides, due in large part to the emergence of herbicide-tolerant weeds (9); whereas, as a consequence, it has to be expected that the stacked GM maize will be exposed to both higher and repeated doses of glyphosate, and that therefore a higher quantity of residues may be present in the harvest; whereas the stacked GM maize expresses two glyphosate-tolerant proteins, making it even more tolerant to higher dosages and repeated spraying;

| L. | whereas questions concerning the carcinogenicity of glyphosate remain; whereas EFSA concluded in November 2015 that glyphosate was unlikely to be carcinogenic and the European Chemicals Agency concluded in March 2017 that no classification was warranted; whereas, on the contrary, in 2015, the International Agency for Research on Cancer, the specialised cancer agency of the World Health Organization, classified glyphosate as a probable carcinogen for humans; |
| --- | --- |

L.

whereas questions concerning the carcinogenicity of glyphosate remain; whereas EFSA concluded in November 2015 that glyphosate was unlikely to be carcinogenic and the European Chemicals Agency concluded in March 2017 that no classification was warranted; whereas, on the contrary, in 2015, the International Agency for Research on Cancer, the specialised cancer agency of the World Health Organization, classified glyphosate as a probable carcinogen for humans;

| M. | whereas in its scientific opinion of 26 September 2019, the EFSA Panel on Genetically Modified Organisms (EFSA GMO Panel) states that ‘the assessment of herbicide residues in maize herbicide-tolerant crops relevant for this application has been investigated by the EFSA Pesticides Unit’ (10); whereas, according to an opinion delivered by the EFSA Pesticides Unit however, data on glyphosate residues on GM maize with EPSPS modifications (11) are insufficient to derive maximum residue levels and risk assessment values (12); |
| --- | --- |

M.

whereas in its scientific opinion of 26 September 2019, the EFSA Panel on Genetically Modified Organisms (EFSA GMO Panel) states that ‘the assessment of herbicide residues in maize herbicide-tolerant crops relevant for this application has been investigated by the EFSA Pesticides Unit’ (10); whereas, according to an opinion delivered by the EFSA Pesticides Unit however, data on glyphosate residues on GM maize with EPSPS modifications (11) are insufficient to derive maximum residue levels and risk assessment values (12);

| N. | whereas, again according to the EFSA Pesticides Unit, toxicological data allowing a consumer risk assessment to be performed for several break-down products of glyphosate relevant for GM glyphosate-tolerant crops are missing (13); |
| --- | --- |

N.

whereas, again according to the EFSA Pesticides Unit, toxicological data allowing a consumer risk assessment to be performed for several break-down products of glyphosate relevant for GM glyphosate-tolerant crops are missing (13);

| O. | whereas assessment of herbicide residues, and herbicide break-down products, found on GM plants, along with their potential interaction with Bt proteins, is considered outside the remit of the EFSA GMO Panel and is therefore not undertaken as part of the authorisation process for GMOs; whereas this is problematic, since the way in which complementary herbicides are broken down by the GM plant concerned, and the composition and thus toxicity of the break-down products (‘metabolites’), can be driven by the genetic modification itself (14); |
| --- | --- |

O.

whereas assessment of herbicide residues, and herbicide break-down products, found on GM plants, along with their potential interaction with Bt proteins, is considered outside the remit of the EFSA GMO Panel and is therefore not undertaken as part of the authorisation process for GMOs; whereas this is problematic, since the way in which complementary herbicides are broken down by the GM plant concerned, and the composition and thus toxicity of the break-down products (‘metabolites’), can be driven by the genetic modification itself (14);

Bt proteins

| P. | whereas a number of studies show that side effects have been observed that may affect the immune system following exposure to Bt proteins and that some Bt proteins may have adjuvant properties (15), meaning that they can increase the allergenicity of other proteins that they come into contact with; |
| --- | --- |

P.

whereas a number of studies show that side effects have been observed that may affect the immune system following exposure to Bt proteins and that some Bt proteins may have adjuvant properties (15), meaning that they can increase the allergenicity of other proteins that they come into contact with;

| Q. | whereas a minority opinion adopted by a member of the EFSA GMO Panel in the process of assessing another stacked GM maize and its sub-combinations found that, while unintended effects on the immune system have never been identified in any application where Bt proteins are expressed, they could ‘not be observed by the toxicological studies [...] currently recommended and performed for the safety assessment of GM plants at EFSA because they do not include the appropriate tests for this purpose’ (16); |
| --- | --- |

Q.

whereas a minority opinion adopted by a member of the EFSA GMO Panel in the process of assessing another stacked GM maize and its sub-combinations found that, while unintended effects on the immune system have never been identified in any application where Bt proteins are expressed, they could ‘not be observed by the toxicological studies [...] currently recommended and performed for the safety assessment of GM plants at EFSA because they do not include the appropriate tests for this purpose’ (16);

| R. | whereas it cannot be concluded that consumption of the stacked GM maize or its sub-combinations is safe for human and animal health; |
| --- | --- |

R.

whereas it cannot be concluded that consumption of the stacked GM maize or its sub-combinations is safe for human and animal health;

Undemocratic decision-making

| S. | whereas the vote on 26 October 2020 of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003 delivered no opinion, meaning that the authorisation was not supported by a qualified majority of Member States; |
| --- | --- |

S.

whereas the vote on 26 October 2020 of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003 delivered no opinion, meaning that the authorisation was not supported by a qualified majority of Member States;

| T. | whereas the Commission recognises that the fact that GMO authorisation decisions continue to be adopted by the Commission without a qualified majority of Member States in favour, which is very much the exception for product authorisations as a whole but which has become the norm for decision-making on GM food and feed authorisations, is problematic; |
| --- | --- |

T.

whereas the Commission recognises that the fact that GMO authorisation decisions continue to be adopted by the Commission without a qualified majority of Member States in favour, which is very much the exception for product authorisations as a whole but which has become the norm for decision-making on GM food and feed authorisations, is problematic;

| U. | whereas, in its eighth term, Parliament adopted a total of 36 resolutions objecting to the placing on the market of GMOs for food and feed (33 resolutions) and to the cultivation of GMOs in the Union (three resolutions); whereas, to date, Parliament has adopted eleven objections in its ninth term; whereas there was not a qualified majority of Member States in favour of authorising any of those GMOs; whereas despite its own acknowledgement of the democratic shortcomings, the lack of support from Member States and the objections of Parliament, the Commission continues to authorise GMOs; |
| --- | --- |

U.

whereas, in its eighth term, Parliament adopted a total of 36 resolutions objecting to the placing on the market of GMOs for food and feed (33 resolutions) and to the cultivation of GMOs in the Union (three resolutions); whereas, to date, Parliament has adopted eleven objections in its ninth term; whereas there was not a qualified majority of Member States in favour of authorising any of those GMOs; whereas despite its own acknowledgement of the democratic shortcomings, the lack of support from Member States and the objections of Parliament, the Commission continues to authorise GMOs;

| V. | whereas, under Regulation (EU) No 182/2011, the Commission may decide not to authorise a GMO when there is no qualified majority of Member States in favour in the Appeal Committee (17); whereas no change of law is required in this respect; |
| --- | --- |

V.

whereas, under Regulation (EU) No 182/2011, the Commission may decide not to authorise a GMO when there is no qualified majority of Member States in favour in the Appeal Committee (17); whereas no change of law is required in this respect;

| 1. | Considers that the draft Commission implementing decision exceeds the implementing powers provided for in Regulation (EC) No 1829/2003; |
| --- | --- |

1.

| 2. | Considers that the draft Commission implementing decision is not consistent with Union law, in that it is not compatible with the aim of Regulation (EC) No 1829/2003, which is, in accordance with the general principles laid down in Regulation (EC) No 178/2002 of the European Parliament and of the Council (18), to provide the basis for ensuring a high level of protection of human life and health, animal health and welfare, and environmental and consumer interests, in relation to GM food and feed, while ensuring the effective functioning of the internal market; |
| --- | --- |

2.

| 3. | Calls on the Commission to withdraw its draft implementing decision; |
| --- | --- |

3.

| 4. | Welcomes the fact that the Commission finally recognised, in a letter of 11 September 2020 to Members, the need to take sustainability into account when it comes to authorisation decisions on GMOs (19); expresses its strong disappointment, however, that, on 28 September 2020, the Commission authorised another GM soybean for import (20) despite an objection by Parliament and a majority of Member States voting against; |
| --- | --- |

4.

| 5. | Calls on the Commission to move forward with the utmost urgency concerning the development of sustainability criteria, with full involvement of Parliament; calls on the Commission to provide information on how this process will be undertaken and in what timeframe; |
| --- | --- |

5.

| 6. | Urges the Commission, again, to take into account the Union’s obligations under international agreements, such as the Paris Climate Agreement, the UN Convention on Biological Diversity and the UN Sustainable Development Goals; |
| --- | --- |

6.

| 7. | Reiterates its call on the Commission to stop authorising GMOs, whether for cultivation or for food and feed uses, when no opinion is delivered by Member States in the Appeal Committee, in accordance with Article 6(3) of Regulation (EU) No 182/2011; |
| --- | --- |

7.

| 8. | Reiterates its call on the Commission not to authorise herbicide-tolerant GM crops until the health risks associated with the residues have been comprehensively investigated on a case-by-case basis, which requires a full assessment of the residues from spraying such GM crops with complementary herbicides, an assessment of the herbicide break-down products and any combinatorial effects, including with the GM plant itself; |
| --- | --- |

8.

| 9. | Reiterates its call on the Commission not to authorise any sub-combinations of stacked GM events unless they have been thoroughly evaluated by EFSA on the basis of complete data submitted by the applicant; |
| --- | --- |

9.

| 10. | Considers, more specifically, that to approve varieties for which no safety data have been provided, which have not been tested, or which have not even been created yet, runs contrary to the principles of general food law, as laid down in Regulation (EC) No 178/2002; |
| --- | --- |

10.

| 11. | Reiterates its call on EFSA to further develop and systematically use methods that permit the identification of unintended effects of stacked GM events, such as in relation to the adjuvant properties of Bt proteins; |
| --- | --- |

11.

| 12. | Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States. |
| --- | --- |

12.

---

(1)  OJ L 268, 18.10.2003, p. 1.

(2)  OJ L 55, 28.2.2011, p. 13.

(3)  Scientific Opinion of the EFSA Panel on Genetically Modified Organisms on assessment of genetically modified maize MON 87427 × MON 89034 × MIR162 × MON 87411 and subcombinations, for food and feed uses, under Regulation (EC) No 1829/2003 (application EFSA-GMO-NL-2017-144), EFSA Journal 2019; 17(11):5848, https://doi.org/10.2903/j.efsa.2019.5848

(4)  In its eighth term, Parliament adopted 36 resolutions objecting to the authorisation of GMOs. Furthermore, in its ninth term Parliament has adopted the following resolutions:

| — | European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MZHG0JG (SYN-ØØØJG-2), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0028). |
| --- | --- |

—

European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MZHG0JG (SYN-ØØØJG-2), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0028).

| — | European Parliament resolution of 10 October 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean A2704-12 (ACS-GMØØ5-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0029). |
| --- | --- |

—

European Parliament resolution of 10 October 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean A2704-12 (ACS-GMØØ5-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0029).

| — | European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × MON 88017 × 59122 × DAS-40278-9 and genetically modified maize combining two, three or four of the single events MON 89034, 1507, MON 88017, 59122 and DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0030). |
| --- | --- |

—

European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × MON 88017 × 59122 × DAS-40278-9 and genetically modified maize combining two, three or four of the single events MON 89034, 1507, MON 88017, 59122 and DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0030).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified cotton LLCotton25 (ACS-GHØØ1-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0054). |
| --- | --- |

—

European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified cotton LLCotton25 (ACS-GHØØ1-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0054).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 89788 (MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0055). |
| --- | --- |

—

European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 89788 (MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0055).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × NK603 × DAS-40278-9 and sub-combinations MON 89034 × NK603 × DAS-40278-9, 1507 × NK603 × DAS-40278-9 and NK603 × DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0056). |
| --- | --- |

—

European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × NK603 × DAS-40278-9 and sub-combinations MON 89034 × NK603 × DAS-40278-9, 1507 × NK603 × DAS-40278-9 and NK603 × DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0056).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize Bt11 × MIR162 × MIR604 × 1507 × 5307 × GA21 and genetically modified maize combining two, three, four or five of the single events Bt11, MIR162, MIR604, 1507, 5307 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0057). |
| --- | --- |

—

European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize Bt11 × MIR162 × MIR604 × 1507 × 5307 × GA21 and genetically modified maize combining two, three, four or five of the single events Bt11, MIR162, MIR604, 1507, 5307 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0057).

| — | European Parliament resolution of 14 May 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87708 × MON 89788 × A5547-127, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0069). |
| --- | --- |

—

European Parliament resolution of 14 May 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87708 × MON 89788 × A5547-127, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0069).

| — | European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two or three of the single events MON 87427, MON 89034, MIR162 and NK603, and repealing Commission Implementing Decision (EU) 2018/1111 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0291). |
| --- | --- |

—

European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two or three of the single events MON 87427, MON 89034, MIR162 and NK603, and repealing Commission Implementing Decision (EU) 2018/1111 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0291).

| — | European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean SYHT0H2 (SYN-ØØØH2-5), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0292). |
| --- | --- |

—

European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean SYHT0H2 (SYN-ØØØH2-5), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0292).

| — | European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two, three or four of the single events MON 87427, MON 87460, MON 89034, MIR162 and NK603, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0293). |
| --- | --- |

—

European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two, three or four of the single events MON 87427, MON 87460, MON 89034, MIR162 and NK603, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0293).

(5)  EFSA opinion, p. 11.

(6)  Member State comments: http://registerofquestions.efsa.europa.eu/roqFrontend/questionLoader?question=EFSA-Q-2017-00442

(7)  Testbiotech comment on EFSA’s assessment of genetically engineered maize MON 87427 ×MON 89034 × MIR162 × MON 87411 and subcombinations, for food and feed uses, under Regulation (EC) No 1829/2003 (application EFSA-GMO-NL-2017-144) from Bayer/Monsanto, December 2019, https://www.testbiotech.org/en/content/testbiotech-comment-maize-mon-7427-x-mon89034-x-mir162-x-mon87411

(8)  EFSA opinion, p. 26.

(9)  See, for example, Bonny, S., ‘Genetically Modified Herbicide-Tolerant Crops, Weeds, and Herbicides: Overview and Impact’, Environmental Management, January 2016, 57(1), pp. 31-48, https://www.ncbi.nlm.nih.gov/pubmed/26296738, Benbrook, C.M., ‘Impacts of genetically engineered crops on pesticide use in the U.S. — the first sixteen years’, Environmental Sciences Europe 24, 24 (2012), https://enveurope.springeropen.com/articles/10.1186/2190-4715-24-24 and Schütte, G., Eckerstorfer, M., Rastelli, V. et al., ‘Herbicide resistance and biodiversity: agronomic and environmental aspects of genetically modified herbicide-resistant plants’, Environmental Sciences Europe 29, 5 (2017), https://link.springer.com/article/10.1186/s12302-016-0100-y

(10)  EFSA opinion, p. 8.

(11)  The stacked GM maize contains an EPSPS modification.

(12)  EFSA Review of the existing maximum residue levels for glyphosate according to Article 12 of Regulation (EC) No 396/2005 — revised version to take into account omitted data, EFSA Journal 2019; 17(10):5862, p. 4, https://www.efsa.europa.eu/en/efsajournal/pub/5862

(13)  EFSA Conclusion on the peer review of the pesticide risk assessment of the active substance glyphosate, EFSA journal 2015; 13(11):4302, p. 3, https://www.efsa.europa.eu/en/efsajournal/pub/4302

(14)  This is indeed the case for glyphosate, as stated in EFSA Review of the existing maximum residue levels for glyphosate according to Article 12 of Regulation (EC) No 396/2005, EFSA Journal 2018; 16(5):5263, p. 12, https://www.efsa.europa.eu/fr/efsajournal/pub/5263

(15)  For a review, see Rubio-Infante, N., Moreno-Fierros, L., ‘An overview of the safety and biological effects of Bacillus thuringiensis Cry toxins in mammals’, Journal of Applied Toxicology, May 2016, 36(5): pp. 630-648, http://onlinelibrary.wiley.com/doi/10.1002/jat.3252/full

(16)  Application EFSA-GMO-DE-2010-86 (Bt11 × MIR162 × 1507 × GA21 maize and three sub combinations independently of their origin), Minority Opinion, Wal, J.M., Member of the EFSA GMO Panel, EFSA Journal 2018; 16(7):5309, p. 34, https://efsa.onlinelibrary.wiley.com/doi/epdf/10.2903/j.efsa.2018.5309

(17)  The Commission ‘may’, and not ‘shall’, go ahead with authorisation if there is no qualified majority of Member States in favour at the Appeal Committee according to Article 6(3) of Regulation (EU) No 182/2011.

(18)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

(19)  https://tillymetz.lu/wp-content/uploads/2020/09/Co-signed-letter-MEP-Metz.pdf

(20)  MON 87708 × MON 89788 × A5547-127, https://webgate.ec.europa.eu/dyna/gm_register/gm_register_auth.cfm?pr_id=100

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/49 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/49

---

P9_TA(2020)0367

Genetically modified maize MIR604 (SYN-IR6Ø4-5)

European Parliament resolution of 17 December 2020 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize MIR604 (SYN-IR6Ø4-5) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069147/02 — 2020/2893(RSP))

(2021/C 445/07)

The European Parliament,

| — | having regard to the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize MIR604 (SYN-IR6Ø4-5) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069147/02, |
| --- | --- |

—

having regard to the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize MIR604 (SYN-IR6Ø4-5) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069147/02,

| — | having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Articles 11(3) and 23(3) thereof, |
| --- | --- |

—

having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Articles 11(3) and 23(3) thereof,

| — | having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 26 October 2020, at which no opinion was delivered, |
| --- | --- |

—

having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 26 October 2020, at which no opinion was delivered,

| — | having regard to Articles 11 and 13 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (2), |
| --- | --- |

—

having regard to Articles 11 and 13 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (2),

| — | having regard to the opinion adopted by the European Food Safety Authority (EFSA) on 2 July 2009, and published on 21 July 2009 (3), |
| --- | --- |

—

having regard to the opinion adopted by the European Food Safety Authority (EFSA) on 2 July 2009, and published on 21 July 2009 (3),

| — | having regard to the opinion adopted by EFSA on 25 September 2019, and published on 7 November 2019 (4), |
| --- | --- |

—

having regard to the opinion adopted by EFSA on 25 September 2019, and published on 7 November 2019 (4),

| — | having regard to its previous resolutions objecting to the authorisation of genetically modified organisms (‘GMOs’) (5), |
| --- | --- |

—

having regard to its previous resolutions objecting to the authorisation of genetically modified organisms (‘GMOs’) (5),

| — | having regard to Rule 112(2) and (3) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 112(2) and (3) of its Rules of Procedure,

| — | having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety, |
| --- | --- |

—

having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety,

| A. | whereas Commission Decision 2009/866/EC (6) authorised the placing on the market of food and feed containing, consisting of or produced from genetically modified (‘GM’) maize MIR604; whereas the scope of that authorisation also covers the placing on the market of products containing or consisting of GM maize MIR604 for uses other than food and feed, with the exception of cultivation; |
| --- | --- |

A.

whereas Commission Decision 2009/866/EC (6) authorised the placing on the market of food and feed containing, consisting of or produced from genetically modified (‘GM’) maize MIR604; whereas the scope of that authorisation also covers the placing on the market of products containing or consisting of GM maize MIR604 for uses other than food and feed, with the exception of cultivation;

| B. | whereas, on 26 July 2018, the authorisation holder, Syngenta Crop Protection NV/SA, on behalf of Syngenta Crop Protection AG, submitted to the Commission an application, in accordance with Articles 11 and 23 of Regulation (EC) No 1829/2003, for the renewal of that authorisation; |
| --- | --- |

B.

whereas, on 26 July 2018, the authorisation holder, Syngenta Crop Protection NV/SA, on behalf of Syngenta Crop Protection AG, submitted to the Commission an application, in accordance with Articles 11 and 23 of Regulation (EC) No 1829/2003, for the renewal of that authorisation;

| C. | whereas, on 2 July 2009, EFSA adopted a favourable opinion, which was published on 21 July 2009, in relation to the initial authorisation application; |
| --- | --- |

C.

whereas, on 2 July 2009, EFSA adopted a favourable opinion, which was published on 21 July 2009, in relation to the initial authorisation application;

| D. | whereas, on 25 September 2019, EFSA adopted a favourable opinion, which was published on 7 November 2019, in relation to the renewal application; |
| --- | --- |

D.

whereas, on 25 September 2019, EFSA adopted a favourable opinion, which was published on 7 November 2019, in relation to the renewal application;

| E. | whereas the possible uses of GM maize MIR604 include the production of animal feed and food products, such as starch, syrups and oils (7); |
| --- | --- |

E.

whereas the possible uses of GM maize MIR604 include the production of animal feed and food products, such as starch, syrups and oils (7);

| F. | whereas GM maize MIR604 has been engineered to produce mCry3A, a synthetic insecticidal protein (also known as a ‘Bt toxin’) with enhanced toxicity (compared to the natural bacteria it is derived from) for targeting Western Corn rootworm and other related coleopteran maize pests, such as Northern Corn rootworm; whereas, in addition, GM maize MIR604 was engineered with the phosphomannose isomerase (PMI) gene from Escherichia coli (E. coli), which encodes the enzyme PMI as a selectable marker; |
| --- | --- |

F.

whereas GM maize MIR604 has been engineered to produce mCry3A, a synthetic insecticidal protein (also known as a ‘Bt toxin’) with enhanced toxicity (compared to the natural bacteria it is derived from) for targeting Western Corn rootworm and other related coleopteran maize pests, such as Northern Corn rootworm; whereas, in addition, GM maize MIR604 was engineered with the phosphomannose isomerase (PMI) gene from Escherichia coli (E. coli), which encodes the enzyme PMI as a selectable marker;

| G. | whereas the combination of the two gene constructs was derived from stacking, but no assessment was made of the single parental plants, in contravention of Commission Implementing Regulation (EU) No 503/2013 (8); |
| --- | --- |

G.

whereas the combination of the two gene constructs was derived from stacking, but no assessment was made of the single parental plants, in contravention of Commission Implementing Regulation (EU) No 503/2013 (8);

| H. | whereas Regulation (EC) No 1829/2003 states that GM food or feed must not have adverse effects on human health, animal health or the environment, and requires the Commission to take into account any relevant provisions of Union law and other legitimate factors relevant to the matter under consideration when drafting its decision; |
| --- | --- |

H.

whereas Regulation (EC) No 1829/2003 states that GM food or feed must not have adverse effects on human health, animal health or the environment, and requires the Commission to take into account any relevant provisions of Union law and other legitimate factors relevant to the matter under consideration when drafting its decision;

Member State concerns about the EFSA opinions

| I. | whereas, during the consultation period in relation to the initial authorisation application, Member States submitted many critical comments to EFSA’s draft opinion (9); whereas those critical comments include concerns that an increase in allergenic activity due to mCry3A protein in food and feed from GM maize MIR604 cannot be excluded, that the data from field trials cannot be regarded as sufficient for market release, that OECD testing guidelines were not followed in the toxicological studies, as recommended by EFSA, and that the rat and a poultry feeding study with the whole GM maize MIR604 plant intended to demonstrate toxicological safety did not use toxicological endpoints; |
| --- | --- |

I.

whereas, during the consultation period in relation to the initial authorisation application, Member States submitted many critical comments to EFSA’s draft opinion (9); whereas those critical comments include concerns that an increase in allergenic activity due to mCry3A protein in food and feed from GM maize MIR604 cannot be excluded, that the data from field trials cannot be regarded as sufficient for market release, that OECD testing guidelines were not followed in the toxicological studies, as recommended by EFSA, and that the rat and a poultry feeding study with the whole GM maize MIR604 plant intended to demonstrate toxicological safety did not use toxicological endpoints;

| J. | whereas, during the consultation period in relation to the renewal application, Member States again submitted many critical comments to EFSA’s draft opinion (10); whereas those critical comments include concerns that the monitoring approach implemented by the applicant is not fully in line with the requirements of Annex VII to Directive 2001/18/EC of the European Parliament and of the Council (11) and with EFSA recommendations, that the claim that GM maize MIR604 is as safe as conventional maize has not been substantiated, and that the proposed general surveillance of anticipated adverse effects is not sufficiently elaborated, as well as the comment that the Union has ratified the UN Convention on Biological Diversity (CBD), which makes it clear that both exporting and importing countries have international responsibilities regarding biological diversity; |
| --- | --- |

J.

whereas, during the consultation period in relation to the renewal application, Member States again submitted many critical comments to EFSA’s draft opinion (10); whereas those critical comments include concerns that the monitoring approach implemented by the applicant is not fully in line with the requirements of Annex VII to Directive 2001/18/EC of the European Parliament and of the Council (11) and with EFSA recommendations, that the claim that GM maize MIR604 is as safe as conventional maize has not been substantiated, and that the proposed general surveillance of anticipated adverse effects is not sufficiently elaborated, as well as the comment that the Union has ratified the UN Convention on Biological Diversity (CBD), which makes it clear that both exporting and importing countries have international responsibilities regarding biological diversity;

Invalid toxicity studies

| K. | whereas for the studies on acute toxicity and degradation in digestive fluids, mCry3A and PMI proteins produced in a recombinant E. coli strain were used; whereas both the mCry3A protein and the PMI protein produced in E. coli bacteria differ from the GM plant-produced proteins (12) raising doubts about the validity of these toxicity studies; whereas several Member States raised this as a concern (13); |
| --- | --- |

K.

whereas for the studies on acute toxicity and degradation in digestive fluids, mCry3A and PMI proteins produced in a recombinant E. coli strain were used; whereas both the mCry3A protein and the PMI protein produced in E. coli bacteria differ from the GM plant-produced proteins (12) raising doubts about the validity of these toxicity studies; whereas several Member States raised this as a concern (13);

| L. | whereas, in general, little significance can be attributed to toxicological tests conducted with proteins in isolation, due to the fact that the effects of the protein in combination with the plant itself are not considered; |
| --- | --- |

L.

whereas, in general, little significance can be attributed to toxicological tests conducted with proteins in isolation, due to the fact that the effects of the protein in combination with the plant itself are not considered;

| M. | whereas, for example, some plants, including maize, naturally produce proteinase inhibitors (PI) which have been shown to slow down the degradation of Bt toxins; whereas this results in much higher toxicity of the Bt toxin, if it is ingested together with the plant tissue, compared to the toxin in isolation; whereas a 1990 study, conducted by scientists at Monsanto, showed that even the presence of extremely low levels of PI enhanced the insecticidal activity of Bt toxins up to 20-fold (14); whereas this interaction has never been assessed, nor mentioned, by EFSA in its risk assessments of GM Bt plants; |
| --- | --- |

M.

whereas, for example, some plants, including maize, naturally produce proteinase inhibitors (PI) which have been shown to slow down the degradation of Bt toxins; whereas this results in much higher toxicity of the Bt toxin, if it is ingested together with the plant tissue, compared to the toxin in isolation; whereas a 1990 study, conducted by scientists at Monsanto, showed that even the presence of extremely low levels of PI enhanced the insecticidal activity of Bt toxins up to 20-fold (14); whereas this interaction has never been assessed, nor mentioned, by EFSA in its risk assessments of GM Bt plants;

| N. | whereas it has been shown that factors which enhance the toxicity of the Bt proteins can also impact their selectivity (15): if efficacy of the Bt toxin on target organisms is increased, its selectivity may also be decreased and a wider range of non-target organisms may become susceptible; whereas, whilst no systematic research has been undertaken to date, several studies indicate the effects of PI combined with Bt toxins on non-target insects (16); |
| --- | --- |

N.

whereas it has been shown that factors which enhance the toxicity of the Bt proteins can also impact their selectivity (15): if efficacy of the Bt toxin on target organisms is increased, its selectivity may also be decreased and a wider range of non-target organisms may become susceptible; whereas, whilst no systematic research has been undertaken to date, several studies indicate the effects of PI combined with Bt toxins on non-target insects (16);

| O. | whereas the risk of higher toxicity to humans and mammals, due to interaction between PI and Bt toxins in GM plants, is not known; |
| --- | --- |

O.

whereas the risk of higher toxicity to humans and mammals, due to interaction between PI and Bt toxins in GM plants, is not known;

Questions of Bt adjuvanticity

| P. | whereas a number of studies show that side effects have been observed that may affect the immune system following exposure to Bt proteins and that some Bt proteins may have adjuvant properties (17), meaning that they can increase the allergenicity of other proteins with which they come into contact; |
| --- | --- |

P.

whereas a number of studies show that side effects have been observed that may affect the immune system following exposure to Bt proteins and that some Bt proteins may have adjuvant properties (17), meaning that they can increase the allergenicity of other proteins with which they come into contact;

| Q. | whereas, whilst EFSA recognises that Cry1Ac (18) has been shown to act as an adjuvant, it concludes that as maize is not a common allergenic food, the adjuvant effect of Cry proteins, observed after high dosage intragastric or intranasal administration, is unlikely to raise any concerns regarding allergenicity (19); whereas, however, EFSA does not take into account the fact that maize produces PI (20) and a much slower degradation of the Bt proteins has to be assumed if it is ingested with the plant material, compared to its isolated form; whereas this difference can also enhance its adjuvanticity and renders studies using isolated proteins invalid; whereas no empirical studies were performed to investigate the actual immunogenicity of the Bt toxin produced by the GM plant; whereas the degradation in digestive fluids was tested by using the Bt protein in isolation; |
| --- | --- |

Q.

whereas, whilst EFSA recognises that Cry1Ac (18) has been shown to act as an adjuvant, it concludes that as maize is not a common allergenic food, the adjuvant effect of Cry proteins, observed after high dosage intragastric or intranasal administration, is unlikely to raise any concerns regarding allergenicity (19); whereas, however, EFSA does not take into account the fact that maize produces PI (20) and a much slower degradation of the Bt proteins has to be assumed if it is ingested with the plant material, compared to its isolated form; whereas this difference can also enhance its adjuvanticity and renders studies using isolated proteins invalid; whereas no empirical studies were performed to investigate the actual immunogenicity of the Bt toxin produced by the GM plant; whereas the degradation in digestive fluids was tested by using the Bt protein in isolation;

Bt crops: effects on non-target organisms and increased resistance

| R. | whereas, unlike the use of insecticides, where exposure is at the time of spraying and for a limited time afterwards, the use of Bt crops leads to continuous exposure of the target and non-target organisms to Bt toxins; whereas, with the exception of pollen, mCry3A proteins are found in all parts of GM maize MIR604 (21); |
| --- | --- |

R.

whereas, unlike the use of insecticides, where exposure is at the time of spraying and for a limited time afterwards, the use of Bt crops leads to continuous exposure of the target and non-target organisms to Bt toxins; whereas, with the exception of pollen, mCry3A proteins are found in all parts of GM maize MIR604 (21);

| S. | whereas the mCry3A gene as expressed by GM maize MIR604 has been modified in order to enhance toxicity to target insects (22), yet no effects on non-target organisms were evaluated in the risk assessment; whereas, a Member State comments that since ‘the native Cry3A toxin is active against Chrysomelidae (23), as a minimum requirement adverse effects on non-target Chrysomelidae should be included in the risk assessment’ and that ‘[s]ince import, transport and processing of MIR604 maize may result in the presence of accidental occurrence or release of MIR604 maize in the environment, potential adverse effects of the GM maize on non-target organisms must be considered’ (24); |
| --- | --- |

S.

whereas the mCry3A gene as expressed by GM maize MIR604 has been modified in order to enhance toxicity to target insects (22), yet no effects on non-target organisms were evaluated in the risk assessment; whereas, a Member State comments that since ‘the native Cry3A toxin is active against Chrysomelidae (23), as a minimum requirement adverse effects on non-target Chrysomelidae should be included in the risk assessment’ and that ‘[s]ince import, transport and processing of MIR604 maize may result in the presence of accidental occurrence or release of MIR604 maize in the environment, potential adverse effects of the GM maize on non-target organisms must be considered’ (24);

| T. | whereas the assumption that Bt toxins exhibit a single target specific mode-of-action can no longer be considered correct and effects on non-target organisms cannot be excluded (25); whereas an increasing number of non-target organisms are reported to be affected in many ways; whereas 39 peer-reviewed publications that report significant adverse effects of Bt toxins on many ‘out-of-range’ species are mentioned in a recent overview (26); |
| --- | --- |

T.

whereas the assumption that Bt toxins exhibit a single target specific mode-of-action can no longer be considered correct and effects on non-target organisms cannot be excluded (25); whereas an increasing number of non-target organisms are reported to be affected in many ways; whereas 39 peer-reviewed publications that report significant adverse effects of Bt toxins on many ‘out-of-range’ species are mentioned in a recent overview (26);

| U. | whereas combinatorial effects such as combination with PI may significantly contribute to the toxicity of Bt toxins; whereas the question of selectivity is especially relevant for synthetic Bt toxins, such as mCry3A, which may show lower selectivity in combination with higher toxicity; whereas EFSA still considers that Bt toxins only affect a narrow range of non-target organisms, not taking into account any combinatorial effects; whereas a wider range of non-target organisms might be exposed to Bt toxins via spillage, waste and manure; |
| --- | --- |

U.

whereas combinatorial effects such as combination with PI may significantly contribute to the toxicity of Bt toxins; whereas the question of selectivity is especially relevant for synthetic Bt toxins, such as mCry3A, which may show lower selectivity in combination with higher toxicity; whereas EFSA still considers that Bt toxins only affect a narrow range of non-target organisms, not taking into account any combinatorial effects; whereas a wider range of non-target organisms might be exposed to Bt toxins via spillage, waste and manure;

| V. | whereas the risk assessment did not consider the development of resistance in the target pests to the mCry3A protein, possibly resulting in the use of less environmentally safe pesticides or increased doses and number of applications to the GM crop in the country of cultivation; whereas, the US Environmental Protection Agency is proposing to phase out many current Bt corn hybrids, as well as some Bt cotton varieties, in the next three to five years, due to the growth in insect resistance to these crops (27); |
| --- | --- |

V.

whereas the risk assessment did not consider the development of resistance in the target pests to the mCry3A protein, possibly resulting in the use of less environmentally safe pesticides or increased doses and number of applications to the GM crop in the country of cultivation; whereas, the US Environmental Protection Agency is proposing to phase out many current Bt corn hybrids, as well as some Bt cotton varieties, in the next three to five years, due to the growth in insect resistance to these crops (27);

| W. | whereas, whilst it has been claimed that the use of Bt crops leads to a decrease in the use of insecticides, a recent study published in the United States (28) finds that ‘several analyses on the influence of Bt crops on pesticide-use patterns do not seem to have considered seed treatments and so may have overstated reductions in insecticide use (especially “area treated”) associated with Bt crops’; whereas the same study finds that neonicotinoid seed treatments are often used in conjunction with Bt maize and soybean crops, that ‘[t]his pattern of use may have unintended consequences, namely resistance in target pests, outbreaks of non-target pests, and pollution with detrimental effects cascading to wildlife’ and that ‘some of these effects have already emerged’; whereas the Union has banned the outdoor use of three neonicotinoids, including as seed coatings, because of their impact on honeybees and other pollinators (29); |
| --- | --- |

W.

whereas, whilst it has been claimed that the use of Bt crops leads to a decrease in the use of insecticides, a recent study published in the United States (28) finds that ‘several analyses on the influence of Bt crops on pesticide-use patterns do not seem to have considered seed treatments and so may have overstated reductions in insecticide use (especially “area treated”) associated with Bt crops’; whereas the same study finds that neonicotinoid seed treatments are often used in conjunction with Bt maize and soybean crops, that ‘[t]his pattern of use may have unintended consequences, namely resistance in target pests, outbreaks of non-target pests, and pollution with detrimental effects cascading to wildlife’ and that ‘some of these effects have already emerged’; whereas the Union has banned the outdoor use of three neonicotinoids, including as seed coatings, because of their impact on honeybees and other pollinators (29);

Undemocratic decision-making

| X. | whereas the vote on 26 October 2020 of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003 delivered no opinion, meaning that the authorisation was not supported by a qualified majority of Member States; |
| --- | --- |

X.

whereas the vote on 26 October 2020 of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003 delivered no opinion, meaning that the authorisation was not supported by a qualified majority of Member States;

| Y. | whereas the Commission recognises that the fact that GMO authorisation decisions continue to be adopted by the Commission without a qualified majority of Member States in favour, which is very much the exception for product authorisations as a whole but which has become the norm for decision-making on GM food and feed authorisations, is problematic; |
| --- | --- |

Y.

whereas the Commission recognises that the fact that GMO authorisation decisions continue to be adopted by the Commission without a qualified majority of Member States in favour, which is very much the exception for product authorisations as a whole but which has become the norm for decision-making on GM food and feed authorisations, is problematic;

| Z. | whereas, in its eighth term, Parliament adopted a total of 36 resolutions objecting to the placing on the market of GMOs for food and feed (33 resolutions) and to the cultivation of GMOs in the Union (three resolutions); whereas, to date, Parliament has adopted eleven objections in its ninth term; whereas there was not a qualified majority of Member States in favour of authorising any of those GMOs; whereas despite its own acknowledgement of the democratic shortcomings, the lack of support from Member States and the objections of Parliament, the Commission continues to authorise GMOs; |
| --- | --- |

Z.

whereas, in its eighth term, Parliament adopted a total of 36 resolutions objecting to the placing on the market of GMOs for food and feed (33 resolutions) and to the cultivation of GMOs in the Union (three resolutions); whereas, to date, Parliament has adopted eleven objections in its ninth term; whereas there was not a qualified majority of Member States in favour of authorising any of those GMOs; whereas despite its own acknowledgement of the democratic shortcomings, the lack of support from Member States and the objections of Parliament, the Commission continues to authorise GMOs;

| AA. | whereas, under Regulation (EU) No 182/2011, the Commission may decide not to authorise a GMO when there is no qualified majority of Member States in favour in the Appeal Committee (30); whereas no change of law is required in this respect; |
| --- | --- |

AA.

whereas, under Regulation (EU) No 182/2011, the Commission may decide not to authorise a GMO when there is no qualified majority of Member States in favour in the Appeal Committee (30); whereas no change of law is required in this respect;

| 1. | Considers that the draft Commission implementing decision exceeds the implementing powers provided for in Regulation (EC) No 1829/2003; |
| --- | --- |

1.

| 2. | Considers that the draft Commission implementing decision is not consistent with Union law, in that it is not compatible with the aim of Regulation (EC) No 1829/2003, which is, in accordance with the general principles laid down in Regulation (EC) No 178/2002 of the European Parliament and of the Council (31), to provide the basis for ensuring a high level of protection of human life and health, animal health and welfare, and environmental and consumer interests, in relation to GM food and feed, while ensuring the effective functioning of the internal market; |
| --- | --- |

2.

| 3. | Calls on the Commission to withdraw its draft implementing decision; |
| --- | --- |

3.

| 4. | Welcomes the fact that the Commission finally recognised, in a letter of 11 September 2020 to Members, the need to take sustainability into account when it comes to authorisation decisions on GMOs (32); expresses its strong disappointment, however, that, on 28 September 2020, the Commission authorised another GM soybean for import (33) despite an objection by Parliament and a majority of Member States voting against; |
| --- | --- |

4.

| 5. | Calls on the Commission to move forward with the utmost urgency concerning the development of sustainability criteria, with full involvement of Parliament; calls on the Commission to provide information on how this process will be undertaken and in what timeframe; |
| --- | --- |

5.

| 6. | Urges the Commission, again, to take into account the Union’s obligations under international agreements, such as the Paris Climate Agreement, the UN CBD and the UN Sustainable Development Goals, in the authorisation process; |
| --- | --- |

6.

| 7. | Reiterates its call on the Commission to stop authorising GMOs, whether for cultivation or for food and feed uses, when no opinion is delivered by Member States in the Appeal Committee, in accordance with Article 6(3) of Regulation (EU) No 182/2011; |
| --- | --- |

7.

| 8. | Calls on EFSA to finally accept the substantial differences between native Bt proteins and those expressed by synthetic transgenes in GM crop plants, and to widen its risk assessment in order to fully take into account all interactions and combinatorial effects between Bt toxins, GM plants and their constituents, residues from spraying with the complementary herbicides, the environment as well as impacts on health and food safety; |
| --- | --- |

8.

| 9. | Calls on EFSA to no longer accept toxicity studies based on isolated proteins which are likely to be different in structure and biological effects compared to those produced by the plant itself, and to require that all tests are carried out with tissue from the GM plant; |
| --- | --- |

9.

| 10. | Calls on EFSA to make sure that data from field trials or green houses cover a sufficiently broad range of agronomic and environmental conditions to assess the impact of all stress factors which have to be expected during cultivation on gene expression and plant composition; |
| --- | --- |

10.

| 11. | Calls on EFSA to make sure that the data from field trials or greenhouses cover a sufficiently broad range of different varieties to assess the impact of various genetic backgrounds on gene expression and plant composition; |
| --- | --- |

11.

| 12. | Calls on EFSA to request data on the impact of the consumption of food and feed derived from GM plants on the intestinal microbiome; |
| --- | --- |

12.

| 13. | Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States. |
| --- | --- |

13.

---

(1)  OJ L 268, 18.10.2003, p. 1.

(2)  OJ L 55, 28.2.2011, p. 13.

(3)  Scientific Opinion of the EFSA Panel on Genetically Modified Organisms on application (Reference EFSA-GMO-UK-2005-11) for the placing on the market of insect-resistant genetically modified maize MIR604 event, for food and feed uses, import and processing under Regulation (EC) No 1829/2003 from Syngenta Seeds S.A.S on behalf of Syngenta Crop Protection AG, EFSA Journal 2009; 7(7):1193, https://www.efsa.europa.eu/en/efsajournal/pub/1193

(4)  Scientific Opinion of the EFSA Panel on Genetically Modified Organisms on assessment of genetically modified maize MIR604 for renewal authorisation under Regulation (EC) No 1829/2003 (application EFSA-GMO-RX-013), EFSA Journal 2019; 17(11):5846, https://www.efsa.europa.eu/en/efsajournal/pub/5846

(5)  In its eighth term, Parliament adopted 36 resolutions objecting to the authorisation of GMOs. Furthermore, in its ninth term Parliament has adopted the following resolutions:

| — | European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MZHG0JG (SYN-ØØØJG-2), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0028). |
| --- | --- |

—

European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MZHG0JG (SYN-ØØØJG-2), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0028).

| — | European Parliament resolution of 10 October 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean A2704-12 (ACS-GMØØ5-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0029). |
| --- | --- |

—

European Parliament resolution of 10 October 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean A2704-12 (ACS-GMØØ5-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0029).

| — | European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × MON 88017 × 59122 × DAS-40278-9 and genetically modified maize combining two, three or four of the single events MON 89034, 1507, MON 88017, 59122 and DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0030). |
| --- | --- |

—

European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × MON 88017 × 59122 × DAS-40278-9 and genetically modified maize combining two, three or four of the single events MON 89034, 1507, MON 88017, 59122 and DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0030).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified cotton LLCotton25 (ACS-GHØØ1-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0054). |
| --- | --- |

—

European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified cotton LLCotton25 (ACS-GHØØ1-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0054).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 89788 (MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0055). |
| --- | --- |

—

European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 89788 (MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0055).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × NK603 × DAS-40278-9 and sub-combinations MON 89034 × NK603 × DAS-40278-9, 1507 × NK603 × DAS-40278-9 and NK603 × DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0056). |
| --- | --- |

—

European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × NK603 × DAS-40278-9 and sub-combinations MON 89034 × NK603 × DAS-40278-9, 1507 × NK603 × DAS-40278-9 and NK603 × DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0056).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize Bt11 × MIR162 × MIR604 × 1507 × 5307 × GA21 and genetically modified maize combining two, three, four or five of the single events Bt11, MIR162, MIR604, 1507, 5307 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0057). |
| --- | --- |

—

European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize Bt11 × MIR162 × MIR604 × 1507 × 5307 × GA21 and genetically modified maize combining two, three, four or five of the single events Bt11, MIR162, MIR604, 1507, 5307 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0057).

| — | European Parliament resolution of 14 May 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87708 × MON 89788 × A5547-127, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0069). |
| --- | --- |

—

European Parliament resolution of 14 May 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87708 × MON 89788 × A5547-127, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0069).

| — | European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two or three of the single events MON 87427, MON 89034, MIR162 and NK603, and repealing Commission Implementing Decision (EU) 2018/1111 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0291). |
| --- | --- |

—

European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two or three of the single events MON 87427, MON 89034, MIR162 and NK603, and repealing Commission Implementing Decision (EU) 2018/1111 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0291).

| — | European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean SYHT0H2 (SYN-ØØØH2-5), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0292). |
| --- | --- |

—

European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean SYHT0H2 (SYN-ØØØH2-5), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0292).

| — | European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two, three or four of the single events MON 87427, MON 87460, MON 89034, MIR162 and NK603, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0293). |
| --- | --- |

—

European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two, three or four of the single events MON 87427, MON 87460, MON 89034, MIR162 and NK603, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0293).

(6)  Commission Decision 2009/866/EC of 30 November 2009 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MIR604 (SYN-IR6Ø4-5) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 314, 1.12.2009, p. 102).

(7)  EFSA 2009 opinion, p. 11.

(8)  Commission Implementing Regulation (EU) No 503/2013 of 3 April 2013 on applications for authorisation of genetically modified food and feed in accordance with Regulation (EC) No 1829/2003 of the European Parliament and of the Council and amending Commission Regulations (EC) No 641/2004 and (EC) No 1981/2006 (OJ L 157, 8.6.2013, p. 1).

(9)  Member States’ comments: http://registerofquestions.efsa.europa.eu/roqFrontend/questionLoader?question=EFSA-Q-2005-046

(10)  Member States’ comments: http://registerofquestions.efsa.europa.eu/roqFrontend/questionLoader?question=EFSA-Q-2018-00644

(11)  Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ L 106, 17.4.2001, p. 1).

(12)  EFSA 2009 opinion, p. 12.

(13)  Member State comments, p. 8 and 14: http://registerofquestions.efsa.europa.eu/roqFrontend/questionLoader?question=EFSA-Q-2005-046

(14)  MacIntosh, S.C., Kishore, G.M., Perlak, F.J., Marrone, P.G., Stone, T.B., Sims, S.R., Fuchs, R.L., ‘Potentiation of Bacillus thuringiensis insecticidal activity by serine protease inhibitors’, Journal of Agricultural and Food Chemistry 1990, 38, pp. 1145-1152.

(15)  See, for example, Then, C., ‘Risk assessment of toxins derived from Bacillus thuringiensis — synergism, efficacy, and selectivity’, Environmental Science and Pollution Research 2010, 17, pp. 791–797, https://doi.org/10.1007/s11356-009-0208-3

(16)  See, for example, Han, P., Niu, C.Y., Lei, C.L., Cui, J.J., Desneux, N., ‘Quantification of toxins in a Cry1Ac + CpTI cotton cultivar and its potential effects on the honey bee Apis mellifera L.’, Ecotoxicology 2010, 19, pp. 1452-1459, https://doi.org/10.1007/s10646-010-0530-z; Babendreier, D., Kalberer, N.M., Romeis, J., Fluri, P., Mulligan, E., Bigler, F., ‘Influence of Bt-transgenic pollen, Bt-toxin and protease inhibitor (SBTI) ingestion on development of the hypopharyngeal glands in honeybees’, Apidologie 2005, 36(4), pp. 585-594, https://doi.org/10.1051/apido:2005049; and Liu, X.D., Zhai, B.P., Zhang, X.X., Zong, J.M., ‘Impact of transgenic cotton plants on a non-target pest, Aphis gossypii Glover’, Ecological Entomology, 30(3), pp. 307-315, https://doi.org/10.1111/j.0307-6946.2005.00690.x

(17)  For a review, see Rubio-Infante, N., Moreno-Fierros, L., ‘An overview of the safety and biological effects of Bacillus thuringiensis Cry toxins in mammals’, Journal of Applied Toxicology 2016, 36(5), pp. 630-648, http://onlinelibrary.wiley.com/doi/10.1002/jat.3252/full

(18)  Cry1Ac is one of only a few Bt toxins which have been investigated in detail by EFSA.

(19)  EFSA 2009 opinion, p. 16.

(20)  See recital M.

(21)  EFSA 2009 opinion, p. 8.

(22)  EFSA 2009 opinion, p. 7.

(23)  Beetle family, commonly known as leaf beetles.

(24)  See Member State comments, p. 24: http://registerofquestions.efsa.europa.eu/roqFrontend/questionLoader?question=EFSA-Q-2005-046

(25)  See, for example, Hilbeck, A., Otto, M., ‘Specificity and combinatorial effects of Bacillus thuringiensis Cry toxins in the context of GMO environmental risk assessment’, Frontiers in Environmental Science 2015, 3:71, https://doi.org/10.3389/fenvs.2015.00071

(26)  Hilbeck, A., Defarge, N., Lebrecht, T., Bøhn, T., ‘Insecticidal Bt crops — EFSA’s risk assessment approach for GM Bt plants fails by design’, RAGES 2020, p. 4, https://www.testbiotech.org/sites/default/files/RAGES_report-Insecticidal%20Bt%20plants.pdf

(27)  https://www.dtnpf.com/agriculture/web/ag/crops/article/2020/09/29/epa-proposes-phasing-dozens-bt-corn

(28)  Douglas, M.R., Tooker, J.F., ‘Large-Scale Deployment of Seed Treatments Has Driven Rapid Increase in Use of Neonicotinoid Insecticides and Preemptive Pest Management in U.S. Field Crops’, Environmental Science and Technology 2015, 49, 8, pp. 5088-5097, https://pubs.acs.org/doi/10.1021/es506141g

(29)  Neonicotinoids, https://ec.europa.eu/food/plant/pesticides/approval_active_substances/approval_renewal/neonicotinoids_en

(30)  The Commission ‘may’, and not ‘shall’, go ahead with authorisation if there is no qualified majority of Member States in favour at the Appeal Committee according to Article 6(3) of Regulation (EU) No 182/2011.

(31)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

(32)  https://tillymetz.lu/wp-content/uploads/2020/09/Co-signed-letter-MEP-Metz.pdf

(33)  MON 87708 × MON 89788 × A5547-127, https://webgate.ec.europa.eu/dyna/gm_register/gm_register_auth.cfm?pr_id=100

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/56 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/56

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P9_TA(2020)0368

Genetically modified maize MON 88017 (MON-88Ø17-3)

European Parliament resolution of 17 December 2020 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize MON 88017 (MON-88Ø17-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069148/02 — 2020/2894(RSP))

(2021/C 445/08)

The European Parliament,

| — | having regard to the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize MON 88017 (MON-88Ø17-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069148/02, |
| --- | --- |

—

having regard to the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize MON 88017 (MON-88Ø17-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069148/02,

| — | having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Articles 11(3) and 23(3) thereof, |
| --- | --- |

—

having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Articles 11(3) and 23(3) thereof,

| — | having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 26 October 2020, at which no opinion was delivered, |
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—

having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 26 October 2020, at which no opinion was delivered,

| — | having regard to Articles 11 and 13 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (2), |
| --- | --- |

—

having regard to Articles 11 and 13 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (2),

| — | having regard to the opinion adopted by the European Food Safety Authority (EFSA) on 21 April 2009, and published on 6 May 2009 (3), |
| --- | --- |

—

having regard to the opinion adopted by the European Food Safety Authority (EFSA) on 21 April 2009, and published on 6 May 2009 (3),

| — | having regard to the opinion adopted by EFSA on 29 January 2020, and published on 11 March 2020 (4), |
| --- | --- |

—

having regard to the opinion adopted by EFSA on 29 January 2020, and published on 11 March 2020 (4),

| — | having regard to its previous resolutions objecting to the authorisation of genetically modified organisms (‘GMOs’) (5), |
| --- | --- |

—

having regard to its previous resolutions objecting to the authorisation of genetically modified organisms (‘GMOs’) (5),

| — | having regard to Rule 112(2) and (3) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 112(2) and (3) of its Rules of Procedure,

| — | having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety, |
| --- | --- |

—

having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety,

| A. | whereas Commission Decision 2009/814/EC (6) authorised the placing on the market of food and feed containing, consisting of or produced from genetically modified (‘GM’) maize MON 88017; whereas the scope of that authorisation also covers the placing on the market of products, other than food and feed, containing or consisting of GM maize MON 88017 for the same uses as any other maize, with the exception of cultivation; |
| --- | --- |

A.

whereas Commission Decision 2009/814/EC (6) authorised the placing on the market of food and feed containing, consisting of or produced from genetically modified (‘GM’) maize MON 88017; whereas the scope of that authorisation also covers the placing on the market of products, other than food and feed, containing or consisting of GM maize MON 88017 for the same uses as any other maize, with the exception of cultivation;

| B. | whereas on 10 July 2018, Monsanto Europe N.V. on behalf of the authorisation holder Monsanto Company, United States, submitted to the Commission an application, in accordance with Articles 11 and 23 of Regulation (EC) No 1829/2003, for the renewal of that authorisation; |
| --- | --- |

B.

whereas on 10 July 2018, Monsanto Europe N.V. on behalf of the authorisation holder Monsanto Company, United States, submitted to the Commission an application, in accordance with Articles 11 and 23 of Regulation (EC) No 1829/2003, for the renewal of that authorisation;

| C. | whereas, on 21 April 2009, EFSA adopted a favourable opinion, which was published on 6 May 2009, in relation to the initial authorisation application; |
| --- | --- |

C.

whereas, on 21 April 2009, EFSA adopted a favourable opinion, which was published on 6 May 2009, in relation to the initial authorisation application;

| D. | whereas, on 29 January 2020, EFSA adopted a favourable opinion, which was published on 11 March 2020, in relation to the renewal application; |
| --- | --- |

D.

whereas, on 29 January 2020, EFSA adopted a favourable opinion, which was published on 11 March 2020, in relation to the renewal application;

| E. | whereas GM maize MON 88017 has been engineered to produce Cry3Bb1, a synthetic insecticidal protein (also known as a Bt toxin) with enhanced toxicity, compared to the natural bacteria it is derived from, against coleopteran insect pests and the CP4 EPSPS protein providing tolerance to glyphosate (7); |
| --- | --- |

E.

whereas GM maize MON 88017 has been engineered to produce Cry3Bb1, a synthetic insecticidal protein (also known as a Bt toxin) with enhanced toxicity, compared to the natural bacteria it is derived from, against coleopteran insect pests and the CP4 EPSPS protein providing tolerance to glyphosate (7);

| F. | whereas the combination of the two gene constructs was derived from stacking, but no assessment was made of the single parental plants, in contravention of Commission Implementing Regulation (EU) No 503/2013 (8); |
| --- | --- |

F.

whereas the combination of the two gene constructs was derived from stacking, but no assessment was made of the single parental plants, in contravention of Commission Implementing Regulation (EU) No 503/2013 (8);

| G. | whereas Regulation (EC) No 1829/2003 states that GM food or feed must not have adverse effects on human health, animal health or the environment, and requires the Commission to take into account any relevant provisions of Union law and other legitimate factors relevant to the matter under consideration when drafting its decision; |
| --- | --- |

G.

whereas Regulation (EC) No 1829/2003 states that GM food or feed must not have adverse effects on human health, animal health or the environment, and requires the Commission to take into account any relevant provisions of Union law and other legitimate factors relevant to the matter under consideration when drafting its decision;

Member State concerns about the EFSA opinions

| H. | whereas, during the consultation period in relation to the initial authorisation application, Member States submitted many critical comments to EFSA’s draft opinion (9); whereas those critical comments include observations that little significance can be attributed to the acute toxicological tests which were undertaken with isolated proteins (i.e. not with the whole GM plant), that the proposed post-market environmental monitoring is too imprecise for a surveillance plan of unintended effects on human or animal health and the environment, that testing bacterial surrogate proteins should not substitute for testing the plant-expressed proteins, that the number of field seasons and locations is not adequate given the commercial use of the GMO, that further information is required to conclude on the risk assessment and that an increase in allergenic activity due to mCry3Bb1 protein in food and feed from GM maize MON 88017 cannot be excluded; whereas, furthermore, one Member State questioned the independence of the studies carried out for the purpose of the risk assessment, given that they were carried out by the applicant Monsanto; |
| --- | --- |

H.

whereas, during the consultation period in relation to the initial authorisation application, Member States submitted many critical comments to EFSA’s draft opinion (9); whereas those critical comments include observations that little significance can be attributed to the acute toxicological tests which were undertaken with isolated proteins (i.e. not with the whole GM plant), that the proposed post-market environmental monitoring is too imprecise for a surveillance plan of unintended effects on human or animal health and the environment, that testing bacterial surrogate proteins should not substitute for testing the plant-expressed proteins, that the number of field seasons and locations is not adequate given the commercial use of the GMO, that further information is required to conclude on the risk assessment and that an increase in allergenic activity due to mCry3Bb1 protein in food and feed from GM maize MON 88017 cannot be excluded; whereas, furthermore, one Member State questioned the independence of the studies carried out for the purpose of the risk assessment, given that they were carried out by the applicant Monsanto;

| I. | whereas, during the consultation period in relation to the renewal application, Member States again submitted many critical comments to EFSA’s draft opinion (10); whereas those critical comments include the observation that the monitoring plan based on consent given by Decision 2009/814/EC and the monitoring reports have fundamental shortcomings and are not in in line with Directive 2001/18/EC of the European Parliament and of the Council (11) or with relevant EFSA guidance, that the studies are not sufficient and that further experiments are needed to determine the exposure and subsequent effects and risks for non-target organisms from the exposure to Bt proteins via manure or sewage, and that due to missing information the environmental safety of GM maize MON 88017 cannot be fully assessed; |
| --- | --- |

I.

whereas, during the consultation period in relation to the renewal application, Member States again submitted many critical comments to EFSA’s draft opinion (10); whereas those critical comments include the observation that the monitoring plan based on consent given by Decision 2009/814/EC and the monitoring reports have fundamental shortcomings and are not in in line with Directive 2001/18/EC of the European Parliament and of the Council (11) or with relevant EFSA guidance, that the studies are not sufficient and that further experiments are needed to determine the exposure and subsequent effects and risks for non-target organisms from the exposure to Bt proteins via manure or sewage, and that due to missing information the environmental safety of GM maize MON 88017 cannot be fully assessed;

Complementary herbicides and lack of analysis of residues

| J. | whereas it has been shown that the cultivation of herbicide-tolerant GM crops results in a higher use of herbicides, which is due in large part to the emergence of herbicide-tolerant weeds (12); whereas, as a consequence, it has to be expected that crops of the GM maize will be exposed to both higher and repeated doses of glyphosate, which will potentially lead to a higher quantity of residues in the harvest; |
| --- | --- |

J.

whereas it has been shown that the cultivation of herbicide-tolerant GM crops results in a higher use of herbicides, which is due in large part to the emergence of herbicide-tolerant weeds (12); whereas, as a consequence, it has to be expected that crops of the GM maize will be exposed to both higher and repeated doses of glyphosate, which will potentially lead to a higher quantity of residues in the harvest;

| K. | whereas questions concerning the carcinogenicity of glyphosate remain; whereas EFSA concluded in November 2015 that glyphosate was unlikely to be carcinogenic and the European Chemicals Agency concluded in March 2017 that no classification was warranted; whereas, on the contrary, in 2015, the International Agency for Research on Cancer the specialised cancer agency of the World Health Organization, classified glyphosate as a probable carcinogen for humans; whereas a number of recent scientific peer-reviewed studies confirm the carcinogenic potential of glyphosate (13); |
| --- | --- |

K.

whereas questions concerning the carcinogenicity of glyphosate remain; whereas EFSA concluded in November 2015 that glyphosate was unlikely to be carcinogenic and the European Chemicals Agency concluded in March 2017 that no classification was warranted; whereas, on the contrary, in 2015, the International Agency for Research on Cancer the specialised cancer agency of the World Health Organization, classified glyphosate as a probable carcinogen for humans; whereas a number of recent scientific peer-reviewed studies confirm the carcinogenic potential of glyphosate (13);

| L. | whereas according to an opinion by the EFSA Pesticides Unit data on glyphosate residues on GM maize with EPSPS modifications (14) are insufficient to derive maximum residue levels and risk assessment values (15); |
| --- | --- |

L.

whereas according to an opinion by the EFSA Pesticides Unit data on glyphosate residues on GM maize with EPSPS modifications (14) are insufficient to derive maximum residue levels and risk assessment values (15);

| M. | whereas, again according to the EFSA Pesticides Unit, toxicological data allowing a consumer risk assessment to be performed for several break-down products of glyphosate relevant for GM glyphosate-tolerant crops are missing (16); |
| --- | --- |

M.

whereas, again according to the EFSA Pesticides Unit, toxicological data allowing a consumer risk assessment to be performed for several break-down products of glyphosate relevant for GM glyphosate-tolerant crops are missing (16);

| N. | whereas assessment of herbicide residues, and herbicide break-down products, found on GM plants, along with their interaction with Bt toxins, is considered outside the remit of the EFSA GMO Panel and is therefore not undertaken as part of the authorisation process for GMOs; whereas this is problematic, since the way in which complementary herbicides are broken down by the GM plant concerned, and the composition and thus toxicity of the break-down products (‘metabolites’), can be driven by the genetic modification itself (17); |
| --- | --- |

N.

whereas assessment of herbicide residues, and herbicide break-down products, found on GM plants, along with their interaction with Bt toxins, is considered outside the remit of the EFSA GMO Panel and is therefore not undertaken as part of the authorisation process for GMOs; whereas this is problematic, since the way in which complementary herbicides are broken down by the GM plant concerned, and the composition and thus toxicity of the break-down products (‘metabolites’), can be driven by the genetic modification itself (17);

Invalid toxicity studies

| O. | whereas for the studies on acute toxicity and degradation in digestive fluids, the Cry3Bb1 and CP4 EPSPS proteins produced in a recombinant E. coli strain were used; |
| --- | --- |

O.

whereas for the studies on acute toxicity and degradation in digestive fluids, the Cry3Bb1 and CP4 EPSPS proteins produced in a recombinant E. coli strain were used;

| P. | whereas, in general, little significance can be attributed to toxicological tests conducted with proteins in isolation, due to the fact that the effects of the protein in combination with the plant itself are not considered; |
| --- | --- |

P.

whereas, in general, little significance can be attributed to toxicological tests conducted with proteins in isolation, due to the fact that the effects of the protein in combination with the plant itself are not considered;

| Q. | whereas, for example, some plants, including maize, naturally produce proteinase inhibitors (PI) which have been shown to slow down the degradation of Bt toxins; whereas this results in much higher toxicity of the Bt toxin, if it is ingested together with the plant tissue, compared to the toxin in isolation; whereas a 1990 study, conducted by scientists at Monsanto, showed that even the presence of extremely low levels of PI enhanced the insecticidal activity of Bt toxins up to 20-fold (18); whereas this interaction has never been assessed, or mentioned, by EFSA in its risk assessments of GM Bt plants; |
| --- | --- |

Q.

whereas, for example, some plants, including maize, naturally produce proteinase inhibitors (PI) which have been shown to slow down the degradation of Bt toxins; whereas this results in much higher toxicity of the Bt toxin, if it is ingested together with the plant tissue, compared to the toxin in isolation; whereas a 1990 study, conducted by scientists at Monsanto, showed that even the presence of extremely low levels of PI enhanced the insecticidal activity of Bt toxins up to 20-fold (18); whereas this interaction has never been assessed, or mentioned, by EFSA in its risk assessments of GM Bt plants;

| R. | whereas it has been shown that factors which enhance the toxicity of the Bt toxins can also impact their selectivity (19): if efficacy of the Bt toxin on target organisms is increased, its selectivity may also be decreased and a wider range of non-target organisms may become susceptible; whereas, whilst no systematic research has been undertaken to date, several studies indicate the effects of PI combined with Bt toxins on non-target insects (20); |
| --- | --- |

R.

whereas it has been shown that factors which enhance the toxicity of the Bt toxins can also impact their selectivity (19): if efficacy of the Bt toxin on target organisms is increased, its selectivity may also be decreased and a wider range of non-target organisms may become susceptible; whereas, whilst no systematic research has been undertaken to date, several studies indicate the effects of PI combined with Bt toxins on non-target insects (20);

| S. | whereas the risk of higher toxicity to humans and mammals due to interaction between PI and Bt toxins in GM plants, is not known; |
| --- | --- |

S.

whereas the risk of higher toxicity to humans and mammals due to interaction between PI and Bt toxins in GM plants, is not known;

Questions of Bt adjuvanticity

| T. | whereas a number of studies show that side effects have been observed that may affect the immune system following exposure to Bt toxins and that some Bt toxins may have adjuvant properties (21), meaning that they can increase the allergenicity of other proteins with which they come into contact; |
| --- | --- |

T.

whereas a number of studies show that side effects have been observed that may affect the immune system following exposure to Bt toxins and that some Bt toxins may have adjuvant properties (21), meaning that they can increase the allergenicity of other proteins with which they come into contact;

| U. | whereas the risk assessment performed by EFSA does not take into account the fact that maize produces PI (22) and therefore a much slower degradation of the Bt toxin has to be assumed if it is ingested with the plant material, compared to its isolated form; whereas this difference can also enhance its adjuvanticity and renders studies using isolated proteins invalid; whereas no empirical studies were performed to investigate the actual immunogenicity of the Bt toxin produced by the GM plant; whereas, the degradation in digestive fluids, which can be relevant for toxicity and adjuvanticity, was tested by using the Bt toxin in isolation; |
| --- | --- |

U.

whereas the risk assessment performed by EFSA does not take into account the fact that maize produces PI (22) and therefore a much slower degradation of the Bt toxin has to be assumed if it is ingested with the plant material, compared to its isolated form; whereas this difference can also enhance its adjuvanticity and renders studies using isolated proteins invalid; whereas no empirical studies were performed to investigate the actual immunogenicity of the Bt toxin produced by the GM plant; whereas, the degradation in digestive fluids, which can be relevant for toxicity and adjuvanticity, was tested by using the Bt toxin in isolation;

Bt crops: effects on non-target organisms and increased resistance

| V. | whereas, unlike the use of insecticides, where exposure is at the time of spraying and for a limited time afterwards, the use of Bt crops leads to continuous exposure of the target and non target organisms to Bt toxins; |
| --- | --- |

V.

whereas, unlike the use of insecticides, where exposure is at the time of spraying and for a limited time afterwards, the use of Bt crops leads to continuous exposure of the target and non target organisms to Bt toxins;

| W. | whereas the assumption that Bt toxins exhibit a single target specific mode-of-action can no longer be considered correct and effects on non-target organisms cannot be excluded (23); whereas an increasing number of non-target organisms are reported to be affected in many ways; whereas 39 peer-reviewed publications that report significant adverse effects of Bt toxins on many ‘out-of-range’ species are mentioned in a recent overview (24); |
| --- | --- |

W.

whereas the assumption that Bt toxins exhibit a single target specific mode-of-action can no longer be considered correct and effects on non-target organisms cannot be excluded (23); whereas an increasing number of non-target organisms are reported to be affected in many ways; whereas 39 peer-reviewed publications that report significant adverse effects of Bt toxins on many ‘out-of-range’ species are mentioned in a recent overview (24);

| X. | whereas combinatorial effects such as combination with PI may significantly contribute to the toxicity of Bt toxins; whereas the question of selectivity is especially relevant for synthetic Bt toxins, such as Cry3Bb1, which may show lower selectivity in combination with higher toxicity; whereas EFSA still considers that Bt toxins only affect a narrow range of non-target organisms, not taking into account any combinatorial effects; whereas a wider range of non-target organisms might be exposed to Bt toxins via spillage, waste and manure; |
| --- | --- |

X.

whereas combinatorial effects such as combination with PI may significantly contribute to the toxicity of Bt toxins; whereas the question of selectivity is especially relevant for synthetic Bt toxins, such as Cry3Bb1, which may show lower selectivity in combination with higher toxicity; whereas EFSA still considers that Bt toxins only affect a narrow range of non-target organisms, not taking into account any combinatorial effects; whereas a wider range of non-target organisms might be exposed to Bt toxins via spillage, waste and manure;

| Y. | whereas the risk assessment did not consider the development of resistance in the target pests to Bt toxins, possibly resulting in the use of less environmentally safe pesticides or increased doses and the number of applications to the GM crop in the country of cultivation; whereas, the US Environmental Protection Agency is proposing to phase out many current Bt corn hybrids, as well as some Bt cotton varieties, in the next three to five years, due to the growth in insect resistance to these crops (25); |
| --- | --- |

Y.

whereas the risk assessment did not consider the development of resistance in the target pests to Bt toxins, possibly resulting in the use of less environmentally safe pesticides or increased doses and the number of applications to the GM crop in the country of cultivation; whereas, the US Environmental Protection Agency is proposing to phase out many current Bt corn hybrids, as well as some Bt cotton varieties, in the next three to five years, due to the growth in insect resistance to these crops (25);

| Z. | whereas, whilst it has been claimed that the use of Bt crops leads to a decrease in the use of insecticides, a recent study published in the United States (26), found that ‘several analyses on the influence of Bt crops on pesticide-use patterns do not seem to have considered seed treatments and so may have overstated reductions in insecticide use (especially “area treated”) associated with Bt crops’; whereas the same study finds that neonicotinoid seed treatments are often used in conjunction with Bt maize and soybean crops, that ‘[t]his pattern of use may have unintended consequences, namely resistance in target pests, outbreaks of non-target pests, and pollution with detrimental effects cascading to wildlife.’ The study also found that ‘some of these effects have already emerged’; whereas the Union has banned the outdoor use of three neonicotinoids, including as seed coatings, because of their impact on honeybees and other pollinators (27); |
| --- | --- |

Z.

whereas, whilst it has been claimed that the use of Bt crops leads to a decrease in the use of insecticides, a recent study published in the United States (26), found that ‘several analyses on the influence of Bt crops on pesticide-use patterns do not seem to have considered seed treatments and so may have overstated reductions in insecticide use (especially “area treated”) associated with Bt crops’; whereas the same study finds that neonicotinoid seed treatments are often used in conjunction with Bt maize and soybean crops, that ‘[t]his pattern of use may have unintended consequences, namely resistance in target pests, outbreaks of non-target pests, and pollution with detrimental effects cascading to wildlife.’ The study also found that ‘some of these effects have already emerged’; whereas the Union has banned the outdoor use of three neonicotinoids, including as seed coatings, because of their impact on honeybees and other pollinators (27);

| AA. | whereas the Union is party to the UN Convention of Biological Diversity (‘UN CBD’), which obliges both importing and exporting countries to take biodiversity into account; |
| --- | --- |

AA.

whereas the Union is party to the UN Convention of Biological Diversity (‘UN CBD’), which obliges both importing and exporting countries to take biodiversity into account;

Undemocratic decision-making

| AB. | whereas the vote on 26 October 2020 of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003 delivered no opinion, meaning that the authorisation was not supported by a qualified majority of Member States; |
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AB.

whereas the vote on 26 October 2020 of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003 delivered no opinion, meaning that the authorisation was not supported by a qualified majority of Member States;

| AC. | whereas the Commission recognises that the fact that GMO authorisation decisions continue to be adopted by the Commission without a qualified majority of Member States in favour, which is very much the exception for product authorisations as a whole but which has become the norm for decision-making on GM food and feed authorisations, is problematic; |
| --- | --- |

AC.

whereas the Commission recognises that the fact that GMO authorisation decisions continue to be adopted by the Commission without a qualified majority of Member States in favour, which is very much the exception for product authorisations as a whole but which has become the norm for decision-making on GM food and feed authorisations, is problematic;

| AD. | whereas, in its eighth term, Parliament adopted a total of 36 resolutions objecting to the placing on the market of GMOs for food and feed (33 resolutions) and to the cultivation of GMOs in the Union (three resolutions); whereas, to date, Parliament has adopted eleven objections in its ninth term; whereas there was not a qualified majority of Member States in favour of authorising any of those GMOs; whereas despite its own acknowledgement of the democratic shortcomings, the lack of support from Member States and the objections of Parliament, the Commission continues to authorise GMOs; |
| --- | --- |

AD.

whereas, in its eighth term, Parliament adopted a total of 36 resolutions objecting to the placing on the market of GMOs for food and feed (33 resolutions) and to the cultivation of GMOs in the Union (three resolutions); whereas, to date, Parliament has adopted eleven objections in its ninth term; whereas there was not a qualified majority of Member States in favour of authorising any of those GMOs; whereas despite its own acknowledgement of the democratic shortcomings, the lack of support from Member States and the objections of Parliament, the Commission continues to authorise GMOs;

| AE. | whereas, under Regulation (EU) No 182/2011, the Commission may decide not to authorise a GMO when there is no qualified majority of Member States in favour in the Appeal Committee (28); whereas no change of law is required in this respect; |
| --- | --- |

AE.

whereas, under Regulation (EU) No 182/2011, the Commission may decide not to authorise a GMO when there is no qualified majority of Member States in favour in the Appeal Committee (28); whereas no change of law is required in this respect;

| 1. | Considers that the draft Commission implementing decision exceeds the implementing powers provided for in Regulation (EC) No 1829/2003; |
| --- | --- |

1.

| 2. | Considers that the draft Commission implementing decision is not consistent with Union law, in that it is not compatible with the aim of Regulation (EC) No 1829/2003, which is, in accordance with the general principles laid down in Regulation (EC) No 178/2002 of the European Parliament and of the Council (29), to provide the basis for ensuring a high level of protection of human life and health, animal health and welfare, and environmental and consumer interests, in relation to GM food and feed, while ensuring the effective functioning of the internal market; |
| --- | --- |

2.

| 3. | Calls on the Commission to withdraw its draft implementing decision; |
| --- | --- |

3.

| 4. | Welcomes the fact that the Commission finally recognised, in a letter of 11 September 2020 to Members, the need to take sustainability into account when it comes to authorisation decisions on GMOs (30); expresses its strong disappointment, however, that, on 28 September 2020, the Commission authorised another GM soybean for import (31) despite an objection by Parliament and a majority of Member States voting against; |
| --- | --- |

4.

| 5. | Calls on the Commission to move forward with the utmost urgency concerning the development of sustainability criteria, with full involvement of Parliament; calls on the Commission to provide information on how this process will be undertaken and in what timeframe; |
| --- | --- |

5.

| 6. | Urges the Commission, again, to take into account the Union’s obligations under international agreements, such as the Paris Climate Agreement, the UN CBD and the UN Sustainable Development Goals, in the authorisation process; |
| --- | --- |

6.

| 7. | Reiterates its call on the Commission to stop authorising GMOs, whether for cultivation or for food and feed uses, when no opinion is delivered by Member States in the Appeal Committee, in accordance with Article 6(3) of Regulation (EU) No 182/2011; |
| --- | --- |

7.

| 8. | Reiterates its call on the Commission not to authorise herbicide-tolerant GM crops until the health risks associated with the residues have been comprehensively investigated on a case-by-case basis, which requires a full assessment of the residues from spraying such GM crops with complementary herbicides, an assessment of the herbicide break-down products and any combinatorial effects, including with the GM plant itself; |
| --- | --- |

8.

| 9. | Calls on EFSA to finally accept the substantial differences between native Bt toxins and those expressed by synthetic transgenes in GM crop plants, and to widen its risk assessment in order to fully take into account all interactions and combinatorial effects between Bt toxins, GM plants and their constituents, residues from spraying with the complementary herbicides, the environment as well as impacts on health and food safety; |
| --- | --- |

9.

| 10. | Calls on EFSA to no longer accept toxicity studies based on isolated proteins which are likely to be different in structure and biological effects compared to those produced by the plant itself, and to require that all tests are carried out with tissue from the GM plant; |
| --- | --- |

10.

| 11. | Calls on EFSA to make sure that data from field trials or green houses cover a sufficiently broad range of agronomic and environmental conditions to assess the impact of all stress factors which have to be expected during cultivation on gene expression and plant composition; |
| --- | --- |

11.

| 12. | Calls on EFSA to make sure that the data from field trials or green houses cover a sufficiently broad range of different varieties to assess the impact of various genetic backgrounds on gene expression and plant composition; |
| --- | --- |

12.

| 13. | Calls on EFSA to request data on the impact of the consumption of food and feed derived from GM plants on the intestinal microbiome; |
| --- | --- |

13.

| 14. | Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States. |
| --- | --- |

14.

---

(1)  OJ L 268, 18.10.2003, p. 1.

(2)  OJ L 55, 28.2.2011, p. 13.

(3)  https://www.efsa.europa.eu/en/efsajournal/pub/1075

(4)  Scientific Opinion of the EFSA Panel on Genetically Modified Organisms on the assessment of genetically modified maize MON 88017 for renewal authorisation under Regulation (EC) No 1829/2003 (application EFSA-GMO-RX-014). EFSA Journal 2020; 18(3):6008, https://doi.org/10.2903/j.efsa.2020.6008.

(5)  In its eighth term, the European Parliament adopted 36 resolutions objecting to the authorisation of GMOs. Furthermore, in its ninth term Parliament has adopted the following resolutions:

| — | European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MZHG0JG (SYN-ØØØJG-2), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0028). |
| --- | --- |

—

European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MZHG0JG (SYN-ØØØJG-2), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0028).

| — | European Parliament resolution of 10 October 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean A2704-12 (ACS-GMØØ5-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0029). |
| --- | --- |

—

European Parliament resolution of 10 October 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean A2704-12 (ACS-GMØØ5-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0029).

| — | European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × MON 88017 × 59122 × DAS-40278-9 and genetically modified maize combining two, three or four of the single events MON 89034, 1507, MON 88017, 59122 and DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0030). |
| --- | --- |

—

European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × MON 88017 × 59122 × DAS-40278-9 and genetically modified maize combining two, three or four of the single events MON 89034, 1507, MON 88017, 59122 and DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0030).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified cotton LLCotton25 (ACS-GHØØ1-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0054). |
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European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified cotton LLCotton25 (ACS-GHØØ1-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0054).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 89788 (MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0055). |
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European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 89788 (MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0055).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × NK603 × DAS-40278-9 and sub-combinations MON 89034 × NK603 × DAS-40278-9, 1507 × NK603 × DAS-40278-9 and NK603 × DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0056). |
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European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × NK603 × DAS-40278-9 and sub-combinations MON 89034 × NK603 × DAS-40278-9, 1507 × NK603 × DAS-40278-9 and NK603 × DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0056).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize Bt11 × MIR162 × MIR604 × 1507 × 5307 × GA21 and genetically modified maize combining two, three, four or five of the single events Bt11, MIR162, MIR604, 1507, 5307 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0057). |
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European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize Bt11 × MIR162 × MIR604 × 1507 × 5307 × GA21 and genetically modified maize combining two, three, four or five of the single events Bt11, MIR162, MIR604, 1507, 5307 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0057).

| — | European Parliament resolution of 14 May 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87708 × MON 89788 × A5547-127, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0069). |
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European Parliament resolution of 14 May 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87708 × MON 89788 × A5547-127, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0069).

| — | European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two or three of the single events MON 87427, MON 89034, MIR162 and NK603, and repealing Commission Implementing Decision (EU) 2018/1111 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0291). |
| --- | --- |

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European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two or three of the single events MON 87427, MON 89034, MIR162 and NK603, and repealing Commission Implementing Decision (EU) 2018/1111 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0291).

| — | European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean SYHT0H2 (SYN-ØØØH2-5), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0292). |
| --- | --- |

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European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean SYHT0H2 (SYN-ØØØH2-5), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0292).

| — | European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two, three or four of the single events MON 87427, MON 87460, MON 89034, MIR162 and NK603, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0293). |
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—

European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two, three or four of the single events MON 87427, MON 87460, MON 89034, MIR162 and NK603, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0293).

(6)  Commission Decision 2009/814/EC of 30 October 2009 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MON 88017 (MON-88Ø17-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 289, 5.11.2009, p. 25).

(7)  EFSA opinion, p. 7 https://www.efsa.europa.eu/en/efsajournal/pub/1075

(8)  Commission Implementing Regulation (EU) No 503/2013 of 3 April 2013 on applications for authorisation of genetically modified food and feed in accordance with Regulation (EC) No 1829/2003 of the European Parliament and of the Council and amending Commission Regulations (EC) No 641/2004 and (EC) No 1981/2006 (OJ L 157, 8.6.2013, p. 1).

(9)  First set of Member State comments: http://registerofquestions.efsa.europa.eu/roqFrontend/questionLoader?question=EFSA-Q-2005-280

(10)  Second set of Member State comments: http://registerofquestions.efsa.europa.eu/roqFrontend/questionLoader?question=EFSA-Q-2018-00672

(11)  Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC — Commission Declaration (OJ L 106, 17.4.2001, p. 1
  ).

(12)  See, for example, Bonny, S., ‘Genetically Modified Herbicide-Tolerant Crops, Weeds, and Herbicides: Overview and Impact’, Environmental Management. January 2016; 57(1), pp. 31-48, https://www.ncbi.nlm.nih.gov/pubmed/26296738, and Benbrook, C.M., ‘Impacts of genetically engineered crops on pesticide use in the U.S. -- the first sixteen years’, Environmental Sciences Europe 24, 24 (2012), https://enveurope.springeropen.com/articles/10.1186/2190-4715-24-24, and Schütte, G., Eckerstorfer, M., Rastelli, V. et al., ‘Herbicide resistance and biodiversity: agronomic and environmental aspects of genetically modified herbicide-resistant plants’, Environmental Sciences Europe 29, 5 (2017), https://enveurope.springeropen.com/articles/10.1186/s12302-016-0100-y

(13)  See, for example, https://www.sciencedirect.com/science/article/pii/S1383574218300887, https://academic.oup.com/ije/advance-article/doi/10.1093/ije/dyz017/5382278, https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0219610, and https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6612199/

(14)  The stacked GM maize contains an EPSPS modification.

(15)  EFSA Review of the existing maximum residue levels for glyphosate according to Article 12 of Regulation (EC) No 396/2005 — revised version to take into account omitted data, EFSA Journal 2019; 17(10):5862, p. 4, https://www.efsa.europa.eu/en/efsajournal/pub/5862

(16)  EFSA Conclusion on the peer review of the pesticide risk assessment of the active substance glyphosate, EFSA journal 2015; 13(11):4302, p. 3, https://www.efsa.europa.eu/en/efsajournal/pub/4302

(17)  This is indeed the case for glyphosate, as stated in EFSA Review of the existing maximum residue levels for glyphosate according to Article 12 of Regulation (EC) No 396/2005, EFSA Journal 2018; 16(5):5263, p. 12, https://www.efsa.europa.eu/fr/efsajournal/pub/5263

(18)  MacIntosh, S.C., Kishore, G.M., Perlak, F.J., Marrone, P.G., Stone, T.B., Sims, S.R., Fuchs, R.L. ‘Potentiation of Bacillus thuringiensis insecticidal activity by serine protease inhibitors’. J Agric Food Chem, 1990, 38: 1145-1152.

(19)  See, for example, Then, C. ‘Risk assessment of toxins derived from Bacillus thuringiensis: synergism, efficacy, and selectivity’. Environ Sci Pollut Res Int, 2010, 17, pp. 791–797.

(20)  See, for example, Han P, Niu CY, Lei CL, Cui JJ, Desneux N. ‘Quantification of toxins in a Cry1Ac + CpTI cotton cultivar and its potential effects on the honey bee Apis mellifera L.’ Ecotoxicology. 2010, 19, pp. 1452-1459. https://link.springer.com/article/10.1007/s10646-010-0530-z Babendreier, D., Kalberer, N.M., Romeis, J. Fluri, P., Mulligan, E. and Bigler, F., ‘Influence of Bt-transgenic pollen, Bt-toxin and protease inhibitor (SBTI) ingestion on development of the hypopharyngeal glands in honeybees’. Apidologie, 2005, 36 4, pp. 585-594, https://doi.org/10.1051/apido:2005049, and Liu, X.D., Zhai, B.P., Zhang, X.X., Zong, J.M. ‘Impact of transgenic cotton plants on a non-target pest, Aphis gossypii Glover’. Ecological Entomology, 30(3), pp. 307-315.

https://onlinelibrary.wiley.com/doi/abs/10.1111/j.0307-6946.2005.00690.x

(21)  For a review, see Rubio-Infante, N., Moreno-Fierros, L., ‘An overview of the safety and biological effects of Bacillus thuringiensis Cry toxins in mammals’, Journal of Applied Toxicology, May 2016, 36(5): pp. 630-648, http://onlinelibrary.wiley.com/doi/10.1002/jat.3252/full

(22)  See recital Q.

(23)  See, for example, Hilbeck, A. and Otto, M.. ‘Specificity and combinatorial effects of Bacillus thuringiensis Cry toxins in the context of GMO risk assessment’. Frontiers Environmental Science 2015, 3:71.

(24)  Hilbeck, A., Defarge, N., Lebrecht, T., Bøhn, T, ‘Insecticidal Bt crops. EFSA’s risk assessment approach for GM Bt plants fails by design’, RAGES 2020, p. 4 https://www.testbiotech.org/sites/default/files/RAGES_report-Insecticidal%20Bt%20plants.pdf

(25)  https://www.dtnpf.com/agriculture/web/ag/crops/article/2020/09/29/epa-proposes-phasing-dozens-bt-corn

(26)  Douglas, M.R., Tooker, J.F., ‘Large-Scale Deployment of Seed Treatments Has Driven Rapid Increase in Use of Neonicotinoid Insecticides and Preemptive Pest Management in U.S. Field Crops’, Environmental Science and Technology 2015, 49, 8, pp. 5088-5097, https://pubs.acs.org/doi/10.1021/es506141g

(27)  Neonicotinoids,https://ec.europa.eu/food/plant/pesticides/approval_active_substances /approval_renewal/neonicotinoids_en

(28)  The Commission ‘may, and not ‘shall’, go ahead with authorisation if there is no qualified majority of Member States in favour at the Appeal Committee, according to Article 6(3) of Regulation (EU) No 182/2011.

(29)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

(30)  https://tillymetz.lu/wp-content/uploads/2020/09/Co-signed-letter-MEP-Metz.pdf

(31)  MON 87708 × MON 89788 × A5547-127, https://webgate.ec.europa.eu/dyna/gm_register/gm_register_auth.cfm?pr_id=100

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/63 |
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29.10.2021

EN

Official Journal of the European Union

C 445/63

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P9_TA(2020)0369

Genetically modified maize MON 89034 (MON-89Ø34-3)

European Parliament resolution of 17 December 2020 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 (MON-89Ø34-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069149/02 — 2020/2895(RSP))

(2021/C 445/09)

The European Parliament,

| — | having regard to the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 (MON-89Ø34-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069149/02, |
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—

having regard to the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 (MON-89Ø34-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D069149/02,

| — | having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Articles 11(3) and 23(3) thereof, |
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—

having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Articles 11(3) and 23(3) thereof,

| — | having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 26 October 2020, at which no opinion was delivered, |
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—

having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 26 October 2020, at which no opinion was delivered,

| — | having regard to Articles 11 and 13 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (2), |
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—

having regard to Articles 11 and 13 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (2),

| — | having regard to the opinion adopted by the European Food Safety Authority (EFSA) on 3 December 2008 and published on 18 December 2008 (3), |
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—

having regard to the opinion adopted by the European Food Safety Authority (EFSA) on 3 December 2008 and published on 18 December 2008 (3),

| — | having regard to the opinion adopted by EFSA on 25 September 2019, and published on 07 November 2019 (4), |
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—

having regard to the opinion adopted by EFSA on 25 September 2019, and published on 07 November 2019 (4),

| — | having regard to its previous resolutions objecting to the authorisation of genetically modified organisms (‘GMOs’) (5), |
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—

having regard to its previous resolutions objecting to the authorisation of genetically modified organisms (‘GMOs’) (5),

| — | having regard to Rule 112(2) and (3) of its Rules of Procedure, |
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—

having regard to Rule 112(2) and (3) of its Rules of Procedure,

| — | having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety, |
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—

having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety,

| A. | whereas Commission Decision 2009/813/EC (6) authorised the placing on the market of food and feed containing, consisting of or produced from genetically modified (‘GM’) maize MON 89034; whereas the scope of that authorisation also covers the placing on the market of products, other than food and feed, containing or consisting of genetically modified maize MON 89034 for the same uses as any other maize, with the exception of cultivation; |
| --- | --- |

A.

whereas Commission Decision 2009/813/EC (6) authorised the placing on the market of food and feed containing, consisting of or produced from genetically modified (‘GM’) maize MON 89034; whereas the scope of that authorisation also covers the placing on the market of products, other than food and feed, containing or consisting of genetically modified maize MON 89034 for the same uses as any other maize, with the exception of cultivation;

| B. | whereas on 3 August 2018, Monsanto Europe N.V. on behalf of Monsanto Company, United States, submitted to the Commission an application, in accordance with Articles 11 and 23 of Regulation (EC) No 1829/2003, for the renewal of that authorisation; |
| --- | --- |

B.

whereas on 3 August 2018, Monsanto Europe N.V. on behalf of Monsanto Company, United States, submitted to the Commission an application, in accordance with Articles 11 and 23 of Regulation (EC) No 1829/2003, for the renewal of that authorisation;

| C. | whereas, on 3 December 2008, EFSA adopted a favourable opinion, which was published on 18 December 2008, in relation to the initial authorisation application; |
| --- | --- |

C.

whereas, on 3 December 2008, EFSA adopted a favourable opinion, which was published on 18 December 2008, in relation to the initial authorisation application;

| D. | whereas, on 25 September 2019, EFSA adopted a favourable opinion, which was published on 07 November 2019, in relation to the renewal application; |
| --- | --- |

D.

whereas, on 25 September 2019, EFSA adopted a favourable opinion, which was published on 07 November 2019, in relation to the renewal application;

| E. | whereas GM maize MON 89034 has been engineered to produce Cry1A.105 and Cry2Ab2, synthetic insecticidal proteins (also known as Bt toxins) with enhanced toxicity, compared to the natural bacteria they are derived from, to protect against specific lepidopteran pests (7); |
| --- | --- |

E.

whereas GM maize MON 89034 has been engineered to produce Cry1A.105 and Cry2Ab2, synthetic insecticidal proteins (also known as Bt toxins) with enhanced toxicity, compared to the natural bacteria they are derived from, to protect against specific lepidopteran pests (7);

| F. | whereas Regulation (EC) No 1829/2003 states that GM food or feed must not have adverse effects on human health, animal health or the environment, and requires the Commission to take into account any relevant provisions of Union law and other legitimate factors relevant to the matter under consideration when drafting its decision; |
| --- | --- |

F.

whereas Regulation (EC) No 1829/2003 states that GM food or feed must not have adverse effects on human health, animal health or the environment, and requires the Commission to take into account any relevant provisions of Union law and other legitimate factors relevant to the matter under consideration when drafting its decision;

Member State concerns about EFSA opinions

| G. | whereas, during the consultation period in relation to the initial authorisation application, Member States submitted many critical comments to EFSA’s draft opinion (8); whereas those critical comments include concerns that the feeding study with broilers is not appropriate for assessing toxicological safety since it does not consider toxicological endpoints, that the applicant’s proposal for an environmental monitoring plan does not meet the objectives defined in Annex VII of Directive 2001/18/EC of the European Parliament and of the Council (9), that the combinatorial effects of both toxins were not studied, that an increase in the allergenic activity due to Cry1A.105 and Cry2Ab2 proteins in food and feed from GM maize MON 89034 cannot be excluded and that the conclusion as to substantial equivalence of GM maize MON 89034 and conventional maize are premature; |
| --- | --- |

G.

whereas, during the consultation period in relation to the initial authorisation application, Member States submitted many critical comments to EFSA’s draft opinion (8); whereas those critical comments include concerns that the feeding study with broilers is not appropriate for assessing toxicological safety since it does not consider toxicological endpoints, that the applicant’s proposal for an environmental monitoring plan does not meet the objectives defined in Annex VII of Directive 2001/18/EC of the European Parliament and of the Council (9), that the combinatorial effects of both toxins were not studied, that an increase in the allergenic activity due to Cry1A.105 and Cry2Ab2 proteins in food and feed from GM maize MON 89034 cannot be excluded and that the conclusion as to substantial equivalence of GM maize MON 89034 and conventional maize are premature;

| H. | whereas, during the consultation period in relation to the renewal application, Member States again submitted many critical comments to EFSA’s draft opinion (10); whereas those critical comments include the observation that the latest annual monitoring reports make no mention of the fact that wild populations of teosinte plants able to cross with maize have recently been recorded in Europe (in France), and that the monitoring plan based on consent given by Commission Decision 2005/635/EC (11) and the monitoring reports (2010 to 2018) have many deficiencies and are neither in line with Directive 2001/18/EC and the corresponding guidelines nor with EFSA guidance on the post-market environmental monitoring; furthermore many Member States reiterated their concerns regarding EFSA’s initial risk assessment (12); |
| --- | --- |

H.

whereas, during the consultation period in relation to the renewal application, Member States again submitted many critical comments to EFSA’s draft opinion (10); whereas those critical comments include the observation that the latest annual monitoring reports make no mention of the fact that wild populations of teosinte plants able to cross with maize have recently been recorded in Europe (in France), and that the monitoring plan based on consent given by Commission Decision 2005/635/EC (11) and the monitoring reports (2010 to 2018) have many deficiencies and are neither in line with Directive 2001/18/EC and the corresponding guidelines nor with EFSA guidance on the post-market environmental monitoring; furthermore many Member States reiterated their concerns regarding EFSA’s initial risk assessment (12);

Invalid toxicity studies

| I. | whereas safety studies to assess acute toxicity and degradation in digestive fluids were conducted with Cry1A.105 and Cry2Ab2 proteins produced in an E. coli strain; whereas a Member State competent authority raised concerns about the lack of equivalence between the proteins expressed in E.coli and in MON 89034 (13), raising doubts about the validity of those toxicity studies; |
| --- | --- |

I.

whereas safety studies to assess acute toxicity and degradation in digestive fluids were conducted with Cry1A.105 and Cry2Ab2 proteins produced in an E. coli strain; whereas a Member State competent authority raised concerns about the lack of equivalence between the proteins expressed in E.coli and in MON 89034 (13), raising doubts about the validity of those toxicity studies;

| J. | whereas, in general, little significance can be attributed to toxicological tests conducted with proteins in isolation, due to the fact that the effects of the protein in combination with the plant itself are not considered; |
| --- | --- |

J.

whereas, in general, little significance can be attributed to toxicological tests conducted with proteins in isolation, due to the fact that the effects of the protein in combination with the plant itself are not considered;

| K. | whereas, for example, some plants, including maize, naturally produce proteinase inhibitors (PI) which have been shown to slow down the degradation of Bt toxins; whereas this results in much higher toxicity of the Bt toxin, if it is ingested together with the plant tissue, compared to the toxin in isolation; whereas a 1990 study, conducted by scientists at Monsanto, showed that even the presence of extremely low levels of PI enhanced the insecticidal activity of Bt toxins up to 20-fold (14); whereas this interaction has never been assessed, or mentioned, by EFSA in its risk assessments of GM Bt plants; |
| --- | --- |

K.

whereas, for example, some plants, including maize, naturally produce proteinase inhibitors (PI) which have been shown to slow down the degradation of Bt toxins; whereas this results in much higher toxicity of the Bt toxin, if it is ingested together with the plant tissue, compared to the toxin in isolation; whereas a 1990 study, conducted by scientists at Monsanto, showed that even the presence of extremely low levels of PI enhanced the insecticidal activity of Bt toxins up to 20-fold (14); whereas this interaction has never been assessed, or mentioned, by EFSA in its risk assessments of GM Bt plants;

| L. | whereas it has been shown that factors which enhance the toxicity of the Bt toxins can also impact their selectivity (15): if efficacy of the Bt toxin on target organisms is increased, its selectivity may also be decreased and a wider range of non-target organisms may become susceptible; whereas, while no systematic research has been undertaken to date, several studies indicate the effects of PI combined with Bt toxins on non-target insects (16); |
| --- | --- |

L.

whereas it has been shown that factors which enhance the toxicity of the Bt toxins can also impact their selectivity (15): if efficacy of the Bt toxin on target organisms is increased, its selectivity may also be decreased and a wider range of non-target organisms may become susceptible; whereas, while no systematic research has been undertaken to date, several studies indicate the effects of PI combined with Bt toxins on non-target insects (16);

| M. | whereas the risk of higher toxicity to humans and mammals, due to interaction between PI and Bt toxins in GM plants, is not known; |
| --- | --- |

M.

whereas the risk of higher toxicity to humans and mammals, due to interaction between PI and Bt toxins in GM plants, is not known;

Questions of Bt adjuvanticity

| N. | whereas a number of studies show that side effects have been observed that may affect the immune system following exposure to Bt toxins and that some Bt toxins may have adjuvant properties (17), meaning that they can increase the allergenicity of other proteins with which they come into contact; |
| --- | --- |

N.

whereas a number of studies show that side effects have been observed that may affect the immune system following exposure to Bt toxins and that some Bt toxins may have adjuvant properties (17), meaning that they can increase the allergenicity of other proteins with which they come into contact;

| O. | whereas while EFSA recognises that Cry1Ac (18) has been shown to act as an adjuvant, it concludes that, as maize is not a common allergenic food, the adjuvant effect of Cry proteins, observed after high dosage intragastric or intranasal administration, is unlikely to raise any concerns regarding allergenicity (19); whereas, however, EFSA does not take into account the fact that maize produces PI (20) and therefore a much slower degradation of the Bt toxins has to be assumed if it is ingested with the plant material, compared to its isolated form; whereas this difference can also enhance its adjuvanticity and renders studies using isolated proteins invalid; whereas no empirical studies were performed to investigate the actual immunogenicity of the Bt toxin produced by the GM plant; whereas degradation of the proteins in digestive fluids, which is also relevant for the assessment of potential allergenicity, was tested by using proteins produced in E.coli in isolation; |
| --- | --- |

O.

whereas while EFSA recognises that Cry1Ac (18) has been shown to act as an adjuvant, it concludes that, as maize is not a common allergenic food, the adjuvant effect of Cry proteins, observed after high dosage intragastric or intranasal administration, is unlikely to raise any concerns regarding allergenicity (19); whereas, however, EFSA does not take into account the fact that maize produces PI (20) and therefore a much slower degradation of the Bt toxins has to be assumed if it is ingested with the plant material, compared to its isolated form; whereas this difference can also enhance its adjuvanticity and renders studies using isolated proteins invalid; whereas no empirical studies were performed to investigate the actual immunogenicity of the Bt toxin produced by the GM plant; whereas degradation of the proteins in digestive fluids, which is also relevant for the assessment of potential allergenicity, was tested by using proteins produced in E.coli in isolation;

Bt crops: effects on non-target organisms and increased resistance

| P. | whereas, unlike the use of insecticides, where exposure is at the time of spraying and for a limited time afterwards, the use of Bt GM crops leads to continuous exposure of the target and non-target organisms to Bt toxins; |
| --- | --- |

P.

whereas, unlike the use of insecticides, where exposure is at the time of spraying and for a limited time afterwards, the use of Bt GM crops leads to continuous exposure of the target and non-target organisms to Bt toxins;

| Q. | whereas the assumption that Bt toxins exhibit a single target-specific mode-of-action can no longer be considered correct and effects on non-target organisms cannot be excluded (21); whereas an increasing number of non-target organisms are reported to be affected in many ways; whereas 39 peer-reviewed publications that report significant adverse effects of Bt toxins on many ‘out-of-range’ species are mentioned in a recent overview (22); |
| --- | --- |

Q.

whereas the assumption that Bt toxins exhibit a single target-specific mode-of-action can no longer be considered correct and effects on non-target organisms cannot be excluded (21); whereas an increasing number of non-target organisms are reported to be affected in many ways; whereas 39 peer-reviewed publications that report significant adverse effects of Bt toxins on many ‘out-of-range’ species are mentioned in a recent overview (22);

| R. | whereas combinatorial effects such as combination with PI may significantly contribute to the toxicity of Bt toxins; whereas the question of selectivity is especially relevant for synthetic Bt toxins, such as Cry1A.105 and Cry2Ab2, which may show lower selectivity in combination with higher toxicity; whereas EFSA still considers that Bt toxins only affect a narrow range of non-target organisms, not taking into account any combinatorial effects; whereas a wider range of non-target organisms might be exposed to Bt toxins via spillage, waste and manure; |
| --- | --- |

R.

whereas combinatorial effects such as combination with PI may significantly contribute to the toxicity of Bt toxins; whereas the question of selectivity is especially relevant for synthetic Bt toxins, such as Cry1A.105 and Cry2Ab2, which may show lower selectivity in combination with higher toxicity; whereas EFSA still considers that Bt toxins only affect a narrow range of non-target organisms, not taking into account any combinatorial effects; whereas a wider range of non-target organisms might be exposed to Bt toxins via spillage, waste and manure;

| S. | whereas no effects on non-target organisms were evaluated in the risk assessment; whereas a Member State competent authority comments that ‘the studies are not sufficient to conclude that exposure of the environment and thus effects on non-target organisms will be negligible’ and ‘experimental evidence from the few studies available demonstrates that Bt toxins will be present in faeces of livestock fed with Bt crops. Consequently, for any market application of Bt crops, experiments should be presented in order to conclude on subsequent effects and risks for non-target organisms’ (23); |
| --- | --- |

S.

whereas no effects on non-target organisms were evaluated in the risk assessment; whereas a Member State competent authority comments that ‘the studies are not sufficient to conclude that exposure of the environment and thus effects on non-target organisms will be negligible’ and ‘experimental evidence from the few studies available demonstrates that Bt toxins will be present in faeces of livestock fed with Bt crops. Consequently, for any market application of Bt crops, experiments should be presented in order to conclude on subsequent effects and risks for non-target organisms’ (23);

| T. | whereas the risk assessment did not consider the development of resistance in the target pests to Bt toxins, possibly resulting in the use of less environmentally safe pesticides or increased doses and the number of applications to the GM crop in the country of cultivation; whereas, the US Environmental Protection Agency is proposing to phase out many current Bt corn hybrids, as well as some Bt cotton varieties, in the next three to five years, due to the growth in insect resistance to such crops (24); |
| --- | --- |

T.

whereas the risk assessment did not consider the development of resistance in the target pests to Bt toxins, possibly resulting in the use of less environmentally safe pesticides or increased doses and the number of applications to the GM crop in the country of cultivation; whereas, the US Environmental Protection Agency is proposing to phase out many current Bt corn hybrids, as well as some Bt cotton varieties, in the next three to five years, due to the growth in insect resistance to such crops (24);

| U. | whereas, while it has been claimed that the use of Bt crops leads to a decrease in the use of insecticides, a recent study published in the United States (25), finds that ‘several analyses on the influence of Bt crops on pesticide-use patterns do not seem to have considered seed treatments and so may have overstated reductions in insecticide use (especially “area treated”) associated with Bt crops’; whereas the same study finds that neonicotinoid seed treatments are often used in conjunction with Bt maize and soybean crops, that ‘[t]his pattern of use may have unintended consequences, namely resistance in target pests, outbreaks of non-target pests, and pollution with detrimental effects cascading to wildlife’ and that ‘some of these effects have already emerged’; whereas the Union has banned the outdoor use of three neonicotinoids, including as seed coatings, because of their impact on honeybees and other pollinators (26); |
| --- | --- |

U.

whereas, while it has been claimed that the use of Bt crops leads to a decrease in the use of insecticides, a recent study published in the United States (25), finds that ‘several analyses on the influence of Bt crops on pesticide-use patterns do not seem to have considered seed treatments and so may have overstated reductions in insecticide use (especially “area treated”) associated with Bt crops’; whereas the same study finds that neonicotinoid seed treatments are often used in conjunction with Bt maize and soybean crops, that ‘[t]his pattern of use may have unintended consequences, namely resistance in target pests, outbreaks of non-target pests, and pollution with detrimental effects cascading to wildlife’ and that ‘some of these effects have already emerged’; whereas the Union has banned the outdoor use of three neonicotinoids, including as seed coatings, because of their impact on honeybees and other pollinators (26);

| V. | whereas the Union is party to the UN Convention on Biological Diversity (‘UN CBD’), which makes it clear that both exporting and importing countries have international responsibilities regarding biological diversity; |
| --- | --- |

V.

whereas the Union is party to the UN Convention on Biological Diversity (‘UN CBD’), which makes it clear that both exporting and importing countries have international responsibilities regarding biological diversity;

Literature review

| W. | whereas Commission Implementing Regulation (EU) No 503/2013 (27) requires the applicant to undertake a literature review for the renewal procedure; whereas a literature search identified 285 publications, yet the applicant only selected five publications, after applying its own eligibility/inclusion criteria, that it considered relevant for food and feed safety assessment or molecular characterisation; whereas one Member State competent authority commented that the literature search did not adequately address potential adverse effects on human and animal health, since the following search terms were not included in the search: ‘toxicity’, ‘toxic’, ‘animal studies’, ‘toxic effects’, ‘adverse effects’ and ‘health effects’ (28); whereas, in general, the literature reviews carried out by applicants for renewal of GMO authorisations are not of a high quality; |
| --- | --- |

W.

whereas Commission Implementing Regulation (EU) No 503/2013 (27) requires the applicant to undertake a literature review for the renewal procedure; whereas a literature search identified 285 publications, yet the applicant only selected five publications, after applying its own eligibility/inclusion criteria, that it considered relevant for food and feed safety assessment or molecular characterisation; whereas one Member State competent authority commented that the literature search did not adequately address potential adverse effects on human and animal health, since the following search terms were not included in the search: ‘toxicity’, ‘toxic’, ‘animal studies’, ‘toxic effects’, ‘adverse effects’ and ‘health effects’ (28); whereas, in general, the literature reviews carried out by applicants for renewal of GMO authorisations are not of a high quality;

Undemocratic decision-making

| X. | whereas the vote on 26 October 2020 of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003 delivered no opinion, meaning that the authorisation was not supported by a qualified majority of Member States; |
| --- | --- |

X.

whereas the vote on 26 October 2020 of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003 delivered no opinion, meaning that the authorisation was not supported by a qualified majority of Member States;

| Y. | whereas the Commission recognises that the fact that GMO authorisation decisions continue to be adopted by the Commission without a qualified majority of Member States in favour, which is very much the exception for product authorisations as a whole but which has become the norm for decision-making on GM food and feed authorisations, is problematic; |
| --- | --- |

Y.

whereas the Commission recognises that the fact that GMO authorisation decisions continue to be adopted by the Commission without a qualified majority of Member States in favour, which is very much the exception for product authorisations as a whole but which has become the norm for decision-making on GM food and feed authorisations, is problematic;

| Z. | whereas, in its eighth term, Parliament adopted a total of 36 resolutions objecting to the placing on the market of GMOs for food and feed (33 resolutions) and to the cultivation of GMOs in the Union (three resolutions); whereas, to date, Parliament has adopted eleven objections in its ninth term; whereas there was not a qualified majority of Member States in favour of authorising any of those GMOs; whereas despite its own acknowledgement of the democratic shortcomings, the lack of support from Member States and the objections of Parliament, the Commission continues to authorise GMOs; |
| --- | --- |

Z.

whereas, in its eighth term, Parliament adopted a total of 36 resolutions objecting to the placing on the market of GMOs for food and feed (33 resolutions) and to the cultivation of GMOs in the Union (three resolutions); whereas, to date, Parliament has adopted eleven objections in its ninth term; whereas there was not a qualified majority of Member States in favour of authorising any of those GMOs; whereas despite its own acknowledgement of the democratic shortcomings, the lack of support from Member States and the objections of Parliament, the Commission continues to authorise GMOs;

| AA. | whereas, under Regulation (EU) No 182/2011, the Commission may decide not to authorise a GMO when there is no qualified majority of Member States in favour in the Appeal Committee (29); whereas no change of law is required in this respect; |
| --- | --- |

AA.

whereas, under Regulation (EU) No 182/2011, the Commission may decide not to authorise a GMO when there is no qualified majority of Member States in favour in the Appeal Committee (29); whereas no change of law is required in this respect;

| 1. | Considers that the draft Commission implementing decision exceeds the implementing powers provided for in Regulation (EC) No 1829/2003; |
| --- | --- |

1.

| 2. | Considers that the draft Commission implementing decision is not consistent with Union law, in that it is not compatible with the aim of Regulation (EC) No 1829/2003, which is, in accordance with the general principles laid down in Regulation (EC) No 178/2002 of the European Parliament and of the Council (30), to provide the basis for ensuring a high level of protection of human life and health, animal health and welfare, and environmental and consumer interests, in relation to GM food and feed, while ensuring the effective functioning of the internal market; |
| --- | --- |

2.

| 3. | Calls on the Commission to withdraw its draft implementing decision; |
| --- | --- |

3.

| 4. | Welcomes the fact that the Commission finally recognised, in a letter of 11 September 2020 to Members, the need to take sustainability into account when it comes to authorisation decisions on GMOs (31); expresses its strong disappointment, however, that, on 28 September 2020, the Commission authorised another GM soybean for import (32) despite an objection by Parliament and a majority of Member States voting against; |
| --- | --- |

4.

| 5. | Calls on the Commission to move forward with the utmost urgency concerning the development of sustainability criteria, with full involvement of Parliament; calls on the Commission to provide information on how this process will be undertaken and in what timeframe; |
| --- | --- |

5.

| 6. | Urges the Commission, again, to take into account the Union’s obligations under international agreements, such as the Paris Climate Agreement, the UN CBD and the UN Sustainable Development Goals, in the authorisation process; |
| --- | --- |

6.

| 7. | Reiterates its call on the Commission to stop authorising GMOs, whether for cultivation or for food and feed uses, when no opinion is delivered by Member States in the Appeal Committee, in accordance with Article 6(3) of Regulation (EU) No 182/2011; |
| --- | --- |

7.

| 8. | Calls on EFSA to finally accept the substantial differences between native Bt toxins and those expressed by synthetic transgenes in GM crop plants, and to widen its risk assessment in order to fully take into account all interactions and combinatorial effects between Bt-toxins, GM plants and their constituents, residues from spraying with the complementary herbicides, the environment as well as impacts on health and food safety; |
| --- | --- |

8.

| 9. | Calls on EFSA to no longer accept toxicity studies based on isolated proteins which are likely to be different in structure and biological effects compared to those produced by the plant itself, and to require that all tests are carried out with tissue from the GM plant; |
| --- | --- |

9.

| 10. | Calls on EFSA to make sure that data from field trials or greenhouses cover a sufficiently broad range of agronomic and environmental conditions to assess the impact of all stress factors which have to be expected during cultivation on gene expression and plant composition; |
| --- | --- |

10.

| 11. | Calls on EFSA to make sure that the data from field trials or greenhouses cover a sufficiently broad range of different varieties to assess the impact of various genetic backgrounds on gene expression and plant composition; |
| --- | --- |

11.

| 12. | Calls on EFSA to request data on the impact of the consumption of food and feed derived from GM plants on the intestinal microbiome; |
| --- | --- |

12.

| 13. | Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States. |
| --- | --- |

13.

---

(1)  OJ L 268, 18.10.2003, p. 1.

(2)  OJ L 55, 28.2.2011, p. 13.

(3)  Scientific opinion of the EFSA Panel on Genetically Modified Organism on the application (Reference EFSA-GMO-NL-2007-37) for the placing on the market of the insect-resistant genetically modified maize MON89034, for food and feed uses, import and processing under Regulation (EC) No 1829/2003 from Monsanto, https://www.efsa.europa.eu/en/efsajournal/pub/909

(4)  Scientific opinion of the EFSA Panel on Genetically Modified Organisms on the assessment of genetically modified maize MON 89034 for renewal authorisation under Regulation (EC) No 1829/2003 (application EFSA-GMO-RX-015), EFSA Journal 2019; 17(11):5845, https://efsa.onlinelibrary.wiley.com/doi/full/10.2903/j.efsa.2019.5845

(5)  In its eighth term, the European Parliament adopted 36 resolutions objecting to the authorisation of GMOs. Furthermore, in its ninth term Parliament has adopted the following resolutions:

| — | European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MZHG0JG (SYN-ØØØJG-2), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0028). |
| --- | --- |

—

European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MZHG0JG (SYN-ØØØJG-2), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0028).

| — | European Parliament resolution of 10 October 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean A2704-12 (ACS-GMØØ5-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0029). |
| --- | --- |

—

European Parliament resolution of 10 October 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean A2704-12 (ACS-GMØØ5-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0029).

| — | European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × MON 88017 × 59122 × DAS-40278-9 and genetically modified maize combining two, three or four of the single events MON 89034, 1507, MON 88017, 59122 and DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0030). |
| --- | --- |

—

European Parliament resolution of 10 October 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × MON 88017 × 59122 × DAS-40278-9 and genetically modified maize combining two, three or four of the single events MON 89034, 1507, MON 88017, 59122 and DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0030).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified cotton LLCotton25 (ACS-GHØØ1-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0054). |
| --- | --- |

—

European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified cotton LLCotton25 (ACS-GHØØ1-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0054).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 89788 (MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0055). |
| --- | --- |

—

European Parliament resolution of 14 November 2019 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 89788 (MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0055).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × NK603 × DAS-40278-9 and sub-combinations MON 89034 × NK603 × DAS-40278-9, 1507 × NK603 × DAS-40278-9 and NK603 × DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0056). |
| --- | --- |

—

European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 89034 × 1507 × NK603 × DAS-40278-9 and sub-combinations MON 89034 × NK603 × DAS-40278-9, 1507 × NK603 × DAS-40278-9 and NK603 × DAS-40278-9 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0056).

| — | European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize Bt11 × MIR162 × MIR604 × 1507 × 5307 × GA21 and genetically modified maize combining two, three, four or five of the single events Bt11, MIR162, MIR604, 1507, 5307 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0057). |
| --- | --- |

—

European Parliament resolution of 14 November 2019 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize Bt11 × MIR162 × MIR604 × 1507 × 5307 × GA21 and genetically modified maize combining two, three, four or five of the single events Bt11, MIR162, MIR604, 1507, 5307 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2019)0057).

| — | European Parliament resolution of 14 May 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87708 × MON 89788 × A5547-127, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0069). |
| --- | --- |

—

European Parliament resolution of 14 May 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87708 × MON 89788 × A5547-127, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0069).

| — | European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two or three of the single events MON 87427, MON 89034, MIR162 and NK603, and repealing Commission Implementing Decision (EU) 2018/1111 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0291). |
| --- | --- |

—

European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two or three of the single events MON 87427, MON 89034, MIR162 and NK603, and repealing Commission Implementing Decision (EU) 2018/1111 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0291).

| — | European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean SYHT0H2 (SYN-ØØØH2-5), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0292). |
| --- | --- |

—

European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean SYHT0H2 (SYN-ØØØH2-5), pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0292).

| — | European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two, three or four of the single events MON 87427, MON 87460, MON 89034, MIR162 and NK603, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0293). |
| --- | --- |

—

European Parliament resolution of 11 November 2020 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two, three or four of the single events MON 87427, MON 87460, MON 89034, MIR162 and NK603, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P9_TA(2020)0293).

(6)  Commission Decision 2009/813/EC of 30 October 2009 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MON 89034 (MON-89Ø34-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 289, 5.11.2009, p. 21).

(7)  EFSA first opinion, p. 21, https://efsa.onlinelibrary.wiley.com/doi/full/10.2903/j.efsa.2019.5845

(8)  Member States’ comments: http://registerofquestions.efsa.europa.eu/roqFrontend/questionLoader?question=EFSA-Q-2007-042

(9)  Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC — Commission Declaration (OJ L 106, 17.4.2001, p. 1).

(10)  Member States’ comments: http://registerofquestions.efsa.europa.eu/roqFrontend/questionLoader?question=EFSA-Q-2018-00673

(11)  Commission Decision 2005/635/EC of 31 August 2005 concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of an oilseed rape product (Brassica napus L., GT73 line) genetically modified for tolerance to the herbicide glyphosate (OJ L 228, 3.9.2005, p. 11).

(12)  See recital G.

(13)  See Member State comments, p. 7: https://doi.org/10.2903/j.efsa.2009.1193 and Member State comments, pp. 27: http://registerofquestions.efsa.europa.eu/roqFrontend/questionLoader?question=EFSA-Q-2018-00673

(14)  MacIntosh, S.C., Kishore, G.M., Perlak, F.J., Marrone, P.G., Stone, T.B., Sims, S.R., Fuchs, R.L., ‘Potentiation of Bacillus thuringiensis insecticidal activity by serine protease inhibitors’, Journal of Agricultural and Food Chemistry 1990, 38, pp. 1145-1152.

(15)  See, for example, Then, C., ‘Risk assessment of toxins derived from Bacillus thuringiensis: synergism, efficacy, and selectivity’, Environmental Science Pollution Research 2010, 17, pp. 791–797.

(16)  See, for example, Han, P., Niu, C.Y., Lei, C.L., Cui, J.J., Desneux, N., ‘Quantification of toxins in a Cry1Ac + CpTI cotton cultivar and its potential effects on the honey bee Apis mellifera L.’, Ecotoxicology 2010,19, pp.1452-1459, https://link.springer.com/article/10.1007/s10646-010-0530-z; Babendreier, D., Kalberer, N.M., Romeis, J., Fluri, P., Mulligan, E. and Bigler, F., ‘Influence of Bt-transgenic pollen, Bt-toxin and protease inhibitor (SBTI) ingestion on development of the hypopharyngeal glands in honeybees’, Apidologie 2005, 36(4), pp. 585-594, https://doi.org/10.1051/apido:2005049; and Liu, X.D., Zhai, B.P., Zhang, X.X., Zong, J.M., ‘Impact of transgenic cotton plants on a non-target pest, Aphis gossypii Glover’.Ecological Entomology, 30(3), pp. 307-315, https://doi.org/10.1111/j.0307-6946.2005.00690.x

(17)  For a review, see Rubio-Infante, N., Moreno-Fierros, L., ‘An overview of the safety and biological effects of Bacillus thuringiensis Cry toxins in mammals’, Journal of Applied Toxicology, May 2016, 36(5), pp. 630-648, http://onlinelibrary.wiley.com/doi/10.1002/jat.3252/full

(18)  Cry1Ac is one of only several Bt toxins which have been investigated in detail by EFSA.

(19)  EFSA 1st opinion, p. 16, https://www.efsa.europa.eu/en/efsajournal/pub/909

(20)  See recital K.

(21)  See, for example, Hilbeck, A. and Otto, M. ‘Specificity and combinatorial effects of Bacillus thuringiensis Cry toxins in the context of GMO risk assessment’, Frontiers in Environmental Science 2015, 3:71.

(22)  Hilbeck, A., Defarge, N., Lebrecht, T., Bøhn, T., ‘Insecticidal Bt crops. EFSA’s risk assessment approach for GM Bt plants fails by design’, RAGES 2020, p. 4, https://www.testbiotech.org/sites/default/files/RAGES_report-Insecticidal%20Bt%20plants.pdf

(23)  Member States’ comments, p. 16: http://registerofquestions.efsa.europa.eu/roqFrontend/questionLoader?question=EFSA-Q-2018-00673

(24)  https://www.dtnpf.com/agriculture/web/ag/crops/article/2020/09/29/epa-proposes-phasing-dozens-bt-corn

(25)  Douglas, M.R., Tooker, J.F., ‘Large-Scale Deployment of Seed Treatments Has Driven Rapid Increase in Use of Neonicotinoid Insecticides and Preemptive Pest Management in U.S. Field Crops’, Environmental Science and Technology 2015, 49, 8, pp. 5088-5097, https://pubs.acs.org/doi/10.1021/es506141g

(26)  Neonicotinoids, https://ec.europa.eu/food/plant/pesticides/approval_active_substances/approval_renewal/neonicotinoids_en

(27)  Commission Implementing Regulation (EU) No 503/2013 of 3 April 2013 on applications for authorisation of genetically modified food and feed in accordance with Regulation (EC) No 1829/2003 of the European Parliament and of the Council and amending Commission Regulations (EC) No 641/2004 and (EC) No 1981/2006 (OJ L 157, 8.6.2013, p. 1).

(28)  Member States’ comments, p. 1: http://registerofquestions.efsa.europa.eu/roqFrontend/questionLoader?question=EFSA-Q-2018-00673

(29)  The Commission ‘may’, and not ‘shall’, go ahead with authorisation if there is no qualified majority of Member States in favour at the Appeal Committee, according to Article 6(3) of Regulation (EU) No 182/2011.

(30)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

(31)  https://tillymetz.lu/wp-content/uploads/2020/09/Co-signed-letter-MEP-Metz.pdf

(32)  MON 87708 × MON 89788 × A5547-127, https://webgate.ec.europa.eu/dyna/gm_register/gm_register_auth.cfm?pr_id=100

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/70 |
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29.10.2021

EN

Official Journal of the European Union

C 445/70

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P9_TA(2020)0370

European Citizens’ Initiative — Minority SafePack

European Parliament resolution of 17 December 2020 on the European Citizens’ Initiative ‘Minority SafePack — one million signatures for diversity in Europe’ (2020/2846(RSP))

(2021/C 445/10)

The European Parliament,

| — | having regard to the European Citizens’ Initiative ‘Minority SafePack — one million signatures for diversity in Europe’ (ECIXXXX), |
| --- | --- |

—

having regard to the European Citizens’ Initiative ‘Minority SafePack — one million signatures for diversity in Europe’ (ECIXXXX),

| — | having regard to the Treaty on European Union (TEU), and in particular Articles 2, 3(3) and 11(4) thereof, |
| --- | --- |

—

having regard to the Treaty on European Union (TEU), and in particular Articles 2, 3(3) and 11(4) thereof,

| — | having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Articles 19, 24, 53(1), 63, 79(2), 107(3)(e), 108(4), 109, 118, 165(4), 167(5), 173(3), 177, 178 and 182(1) thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Articles 19, 24, 53(1), 63, 79(2), 107(3)(e), 108(4), 109, 118, 165(4), 167(5), 173(3), 177, 178 and 182(1) thereof,

| — | having regard to Regulation (EU) 2019/788 of the European Parliament and of the Council of 17 April 2019 on the European Citizens’ Initiative (1) (‘the ECI Regulation’), |
| --- | --- |

—

having regard to Regulation (EU) 2019/788 of the European Parliament and of the Council of 17 April 2019 on the European Citizens’ Initiative (1) (‘the ECI Regulation’),

| — | having regard to the Charter of Fundamental Rights of the European Union (‘the Charter’), and in particular to Articles 10, 21, 22 and 51 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union (‘the Charter’), and in particular to Articles 10, 21, 22 and 51 thereof,

| — | having regard to the European Council conclusions of 21-22 June 1993 which established the requirements a country must fulfil in order to be eligible to join the European Union (the Copenhagen criteria), |
| --- | --- |

—

having regard to the European Council conclusions of 21-22 June 1993 which established the requirements a country must fulfil in order to be eligible to join the European Union (the Copenhagen criteria),

| — | having regard to Article 27 of the International Covenant on Civil and Political Rights and to the International Covenant on Economic, Social and Cultural Rights, both of which were adopted by the UN General Assembly on 16 December 1966, |
| --- | --- |

—

having regard to Article 27 of the International Covenant on Civil and Political Rights and to the International Covenant on Economic, Social and Cultural Rights, both of which were adopted by the UN General Assembly on 16 December 1966,

| — | having regard to the Council of Europe Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages, as well as the opinions of the relevant monitoring bodies, |
| --- | --- |

—

having regard to the Council of Europe Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages, as well as the opinions of the relevant monitoring bodies,

| — | having regard to the 1990 Copenhagen Document of the Organization for Security and Co-operation in Europe (OSCE) and to the numerous thematic recommendations and guidelines on minority rights issued by the OSCE High Commissioner on National Minorities and the OSCE Office for Democratic Institutions and Human Rights (ODIHR), |
| --- | --- |

—

having regard to the 1990 Copenhagen Document of the Organization for Security and Co-operation in Europe (OSCE) and to the numerous thematic recommendations and guidelines on minority rights issued by the OSCE High Commissioner on National Minorities and the OSCE Office for Democratic Institutions and Human Rights (ODIHR),

| — | having regard to its resolution of 13 November 2018 on minimum standards for minorities in the EU (2), |
| --- | --- |

—

having regard to its resolution of 13 November 2018 on minimum standards for minorities in the EU (2),

| — | having regard to its resolution of 7 February 2018 on protection and non-discrimination with regard to minorities in the EU Member States (3), |
| --- | --- |

—

having regard to its resolution of 7 February 2018 on protection and non-discrimination with regard to minorities in the EU Member States (3),

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

—

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

| — | having regard to its resolution of 11 September 2013 on endangered European languages and linguistic diversity in the European Union (5), |
| --- | --- |

—

having regard to its resolution of 11 September 2013 on endangered European languages and linguistic diversity in the European Union (5),

| — | having regard to the Council Recommendation of 22 May 2019 on a comprehensive approach to the teaching and learning of languages (6), |
| --- | --- |

—

having regard to the Council Recommendation of 22 May 2019 on a comprehensive approach to the teaching and learning of languages (6),

| — | having regard to the decisions and case law of the Court of Justice of the European Union (CJEU), in particular case T-646/13 (Minority SafePack — one million signatures for diversity in Europe v Commission) (7), and case T-391/17 (Romania v Commission) (8); |
| --- | --- |

—

having regard to the decisions and case law of the Court of Justice of the European Union (CJEU), in particular case T-646/13 (Minority SafePack — one million signatures for diversity in Europe v Commission) (7), and case T-391/17 (Romania v Commission) (8);

| — | having regard to Commission Decision (EU) 2017/652 of 29 March 2017 on the proposed citizens’ initiative entitled ‘Minority SafePack — one million signatures for diversity in Europe’ (9), |
| --- | --- |

—

having regard to Commission Decision (EU) 2017/652 of 29 March 2017 on the proposed citizens’ initiative entitled ‘Minority SafePack — one million signatures for diversity in Europe’ (9),

| — | having regard to the public hearing of 15 October 2020 on the Minority SafePack European Citizens’ Initiative organised by the Committee on Culture and Education, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Petitions, |
| --- | --- |

—

having regard to the public hearing of 15 October 2020 on the Minority SafePack European Citizens’ Initiative organised by the Committee on Culture and Education, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Petitions,

| — | having regard to the proposal of the Minority SafePack European Citizens’ Initiative (ECI) with regard to the legislative acts expected from the Commission based on the ECI, put forward to the Commission after the submission of the signatures and presented at Parliament during the public hearing, |
| --- | --- |

—

having regard to the proposal of the Minority SafePack European Citizens’ Initiative (ECI) with regard to the legislative acts expected from the Commission based on the ECI, put forward to the Commission after the submission of the signatures and presented at Parliament during the public hearing,

| — | having regard to Rule 222(8) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 222(8) of its Rules of Procedure,

| A. | whereas pursuant to Article 2 TEU, the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities; |
| --- | --- |

A.

whereas pursuant to Article 2 TEU, the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities;

| B. | whereas Article 3(3) TEU states that the Union’s aim is to promote economic, social and territorial cohesion and solidarity among Member States, as well as to respect its rich cultural and linguistic diversity and ensure that Europe’s cultural heritage is safeguarded and enhanced; |
| --- | --- |

B.

whereas Article 3(3) TEU states that the Union’s aim is to promote economic, social and territorial cohesion and solidarity among Member States, as well as to respect its rich cultural and linguistic diversity and ensure that Europe’s cultural heritage is safeguarded and enhanced;

| C. | whereas Article 6 TFEU recognises that the EU has competences in the fields of culture and education to carry out actions to support, coordinate or supplement the actions of the Member States; whereas the Commission should engage actively with the Member States in these policy fields, which are also of major concern for persons belonging to minorities; |
| --- | --- |

C.

whereas Article 6 TFEU recognises that the EU has competences in the fields of culture and education to carry out actions to support, coordinate or supplement the actions of the Member States; whereas the Commission should engage actively with the Member States in these policy fields, which are also of major concern for persons belonging to minorities;

| D. | whereas according to Article 10 TFEU, the Union must aim to combat discrimination based among others on racial or ethnic origin in defining and implementing its policies and activities; |
| --- | --- |

D.

whereas according to Article 10 TFEU, the Union must aim to combat discrimination based among others on racial or ethnic origin in defining and implementing its policies and activities;

| E. | whereas Article 21(1) of the Charter states that any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, shall be prohibited; |
| --- | --- |

E.

whereas Article 21(1) of the Charter states that any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, shall be prohibited;

| F. | whereas Article 22 of the Charter states that the Union shall respect cultural, religious and linguistic diversity; |
| --- | --- |

F.

whereas Article 22 of the Charter states that the Union shall respect cultural, religious and linguistic diversity;

| G. | whereas respect for cultural diversity is enshrined in Article 167 TFEU; |
| --- | --- |

G.

whereas respect for cultural diversity is enshrined in Article 167 TFEU;

| H. | whereas approximately 8 % of EU citizens belong to a national minority and approximately 10 % speak a regional or minority language; whereas they represent an essential element of the cultural wealth of the Union through their unique languages and cultures; |
| --- | --- |

H.

whereas approximately 8 % of EU citizens belong to a national minority and approximately 10 % speak a regional or minority language; whereas they represent an essential element of the cultural wealth of the Union through their unique languages and cultures;

| I. | whereas the general concept of minorities in Europe is covered by a wide range of terms in legal and academic language; whereas these social groups are often interchangeably referred to as national minorities, ethnic groups, traditional or autochthonous minorities, nationalities, inhabitants of constitutional regions, linguistic minorities, groups speaking lesser-used languages, language groups etc.; whereas in order to bypass the difficulty of carrying over the variety of terms used across Europe, the Council of Europe in its Framework Convention on the Protection of National Minorities, which still represents the highest international standard for minority protection in Europe, uses the term ‘national minority’; whereas the Minority SafePack ECI uses the term ‘national and linguistic minorities’ when referring to such minority groups; |
| --- | --- |

I.

whereas the general concept of minorities in Europe is covered by a wide range of terms in legal and academic language; whereas these social groups are often interchangeably referred to as national minorities, ethnic groups, traditional or autochthonous minorities, nationalities, inhabitants of constitutional regions, linguistic minorities, groups speaking lesser-used languages, language groups etc.; whereas in order to bypass the difficulty of carrying over the variety of terms used across Europe, the Council of Europe in its Framework Convention on the Protection of National Minorities, which still represents the highest international standard for minority protection in Europe, uses the term ‘national minority’; whereas the Minority SafePack ECI uses the term ‘national and linguistic minorities’ when referring to such minority groups;

| J. | whereas most national and linguistic minorities face an accelerating trend of assimilation and language loss, which translates into a linguistic and cultural impoverishment within the EU and the loss of its diversity, something the EU is called required protect under the Treaties; whereas education is the main tool for the revitalisation and preservation of minority languages; |
| --- | --- |

J.

whereas most national and linguistic minorities face an accelerating trend of assimilation and language loss, which translates into a linguistic and cultural impoverishment within the EU and the loss of its diversity, something the EU is called required protect under the Treaties; whereas education is the main tool for the revitalisation and preservation of minority languages;

| K. | whereas the UNESCO Atlas of the World’s Languages in Danger lists 186 languages from EU Member States as vulnerable or in danger and three additional languages as extinct; |
| --- | --- |

K.

whereas the UNESCO Atlas of the World’s Languages in Danger lists 186 languages from EU Member States as vulnerable or in danger and three additional languages as extinct;

| L. | whereas the Minority SafePack ECI was submitted to the Commission on 15 July 2013, calling for EU action to support national and linguistic minorities in 11 areas; |
| --- | --- |

L.

whereas the Minority SafePack ECI was submitted to the Commission on 15 July 2013, calling for EU action to support national and linguistic minorities in 11 areas;

| M. | whereas on 13 September 2013, the Commission did not find this sufficiently substantiated to register the ECI; whereas the organisers of the ECI lodged an appeal at the Court of Justice of the European Union (CJEU) and on 3 February 2017, the General Court of the CJEU delivered its judgment annulling the decision of the Commission; |
| --- | --- |

M.

whereas on 13 September 2013, the Commission did not find this sufficiently substantiated to register the ECI; whereas the organisers of the ECI lodged an appeal at the Court of Justice of the European Union (CJEU) and on 3 February 2017, the General Court of the CJEU delivered its judgment annulling the decision of the Commission;

| N. | whereas in order to take the necessary measures to comply with the judgment of the General Court, the Commission reanalysed the legal admissibility of the ECI and through the adoption of Decision (EU) 2017/652, registered the initiative in nine of the 11 areas initially requested; |
| --- | --- |

N.

whereas in order to take the necessary measures to comply with the judgment of the General Court, the Commission reanalysed the legal admissibility of the ECI and through the adoption of Decision (EU) 2017/652, registered the initiative in nine of the 11 areas initially requested;

| O. | whereas in line with Article 15 of the ECI Regulation, the Commission’s legal admissibility check is followed by an examination of the substance of the ECI after the successful collection of signatures; whereas the Commission sets out its legal and political conclusions on the ECI based on the EU Treaties; |
| --- | --- |

O.

whereas in line with Article 15 of the ECI Regulation, the Commission’s legal admissibility check is followed by an examination of the substance of the ECI after the successful collection of signatures; whereas the Commission sets out its legal and political conclusions on the ECI based on the EU Treaties;

| P. | whereas in its judgment of 24 September 2019 in Case T-391/17, the General Court of the European Union confirmed the decision of the Commission to register the Minority SafePack ECI; |
| --- | --- |

P.

whereas in its judgment of 24 September 2019 in Case T-391/17, the General Court of the European Union confirmed the decision of the Commission to register the Minority SafePack ECI;

| Q. | whereas between 3 April 2017 and 3 April 2018, 1 123 422 certified signatures were collected in the EU and the minimum national threshold was reached in 11 Member States; |
| --- | --- |

Q.

whereas between 3 April 2017 and 3 April 2018, 1 123 422 certified signatures were collected in the EU and the minimum national threshold was reached in 11 Member States;

| R. | whereas the European Citizens’ Initiative is the first instrument for transnational participatory democracy in the world, enabling citizens to engage directly with the EU institutions; |
| --- | --- |

R.

whereas the European Citizens’ Initiative is the first instrument for transnational participatory democracy in the world, enabling citizens to engage directly with the EU institutions;

| S. | whereas Minority SafePack is the fifth out of only six successful ECIs so far; |
| --- | --- |

S.

whereas Minority SafePack is the fifth out of only six successful ECIs so far;

| T. | whereas pursuant to Article 14 of Regulation (EU) 2019/788, following the organisation of a public hearing, Parliament must assess the political support for individual ECIs; whereas Parliament held its public hearing on 15 October 2020, in accordance with Article 222 of its Rules of Procedure; |
| --- | --- |

T.

whereas pursuant to Article 14 of Regulation (EU) 2019/788, following the organisation of a public hearing, Parliament must assess the political support for individual ECIs; whereas Parliament held its public hearing on 15 October 2020, in accordance with Article 222 of its Rules of Procedure;

| 1. | Reiterates its strong support for the ECI instrument and calls for the full exploitation of its potential; highlights that the ECI is an exceptional opportunity for citizens to identify and articulate their aspirations and to ask for EU action; stresses that allowing citizens to play an active part in political processes that affect them is essential for bringing the European integration project closer to citizens; |
| --- | --- |

1.

| 2. | Points out that the new ECI Regulation came into force on 1 January 2020, and that it is of crucial importance that EU and national institutions do everything they can to make the relaunch of this EU participation instrument a success; highlights that the Commission should give due consideration to the requests expressed by over 1,1 million EU citizens through the Minority SafePack ECI; |
| --- | --- |

2.

| 3. | Recalls that the protection of persons belonging to minorities is an explicit founding value of the EU, together with democracy, the rule of law and respect for human rights, as set out in Article 2 TEU; |
| --- | --- |

3.

| 4. | Recalls that Article 3(3) TEU provides that the Union must respect its rich cultural and linguistic diversity, and ensure that Europe’s cultural heritage is safeguarded and enhanced; stresses that minority languages and cultures are an integral and inalienable part of the Union’s culture and heritage; underlines that the Union should encourage actions by Member States to ensure the protection of the rights of persons belonging to minorities; |
| --- | --- |

4.

| 5. | Reiterates its call on the Commission (10) to draw up, in line with the principle of subsidiarity, a common framework of EU minimum standards for the protection of rights of persons belonging to minorities, which are strongly embedded in a legal framework guaranteeing democracy, the rule of law and fundamental rights throughout the EU; |
| --- | --- |

5.

| 6. | Calls on the Member States to take all the necessary measures and to uphold the rights of persons belonging to minorities and ensure that these rights are fully respected; |
| --- | --- |

6.

| 7. | Believes that linguistic rights must be respected in communities where there is more than one official language, without limiting the rights of one group compared with another, in line with the constitutional order of each Member State and its national law; believes that the promotion of regional languages and the protection of language communities should respect the fundamental rights of all persons; |
| --- | --- |

7.

| 8. | Considers that the EU should continue to raise awareness for multilingualism throughout Europe through EU programmes, and actively promote the advantages of multilingualism; |
| --- | --- |

8.

| 9. | Recalls that there is no common definition of who can be considered a person belonging to a national or linguistic minority in the EU; underlines the need to protect all minorities, regardless of definition, and stresses that any definition should be applied in a flexible manner while respecting the principles of subsidiarity, proportionality and non-discrimination; |
| --- | --- |

9.

| 10. | Calls for mutually reinforcing cooperation between the EU and the Council of Europe in the area of protecting the rights of national and linguistic minorities; points out that such cooperation would offer the EU the possibility to build upon the achievements and experience of the Council of Europe while allowing the Council of Europe to increase the effectiveness of the implementation of its recommendations issued in relation to the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages; encourages the Member States to implement and ratify the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages; |
| --- | --- |

10.

On the nine ECI proposals

| 11. | Acknowledges that the protection of national and linguistic minorities is the primary responsibility of the Member States’ authorities; points out, however that the Union has a powerful role to play in supporting the Member States’ authorities in this endeavour; points out that a number of the Member States represent successful examples of respectful and harmonious coexistence of different communities, including in the areas of language and cultural revitalisation policies; calls on Member States to exchange best practices on the protection of and support for the rights of persons belonging to minorities, and calls on the EU to facilitate such exchanges; |
| --- | --- |

11.

| 12. | Is of the opinion that cultural and linguistic identity preservation measures for the benefit of persons belonging to national and linguistic minorities must aim at positive action, including in the areas of education, culture and public services; |
| --- | --- |

12.

| 13. | Expresses its concern about the alarming increase of hate crime and hate speech, motivated by racism, xenophobia or intolerance, directed at persons belonging to national and linguistic minorities in Europe; calls on the Commission and the Member States to launch anti-hate speech campaigns as well as to combat racism and xenophobia towards persons belonging to national and linguistic minorities; |
| --- | --- |

13.

| 14. | Recognises the contribution of national and linguistic minorities to the cultural heritage of the EU and highlights the role of media; |
| --- | --- |

14.

| 15. | Points out that linguistic diversity is a valuable component of Europe’s cultural wealth, which should be protected so as to ensure that regional or minority languages can be passed on from one generation to the next; expresses its strong concern about regional or minority languages that are exposed to the risk of extinction; underlines the need to take more action in this area; calls on the Commission and the Member States, therefore, to promote language learning throughout the EU, including the learning of minority languages; notes that the ECI calls for the establishment of a European language diversity centre with the aim of protecting the rich diversity of European languages; |
| --- | --- |

15.

| 16. | Calls on the EU and its Member States to take account of the needs of national and linguistic minorities when designing its funding programmes; considers that the protection of multilingualism and cultural diversity is a motor for regional development and innovation and therefore considers that the European Structural and Investment Funds and Cohesion Funds should take it into account; believes that funding from Horizon Europe for the study of cultural and linguistic diversity and its effect on economic development in the regions of the EU would allow for the better targeting of public policies for national and linguistic minorities; |
| --- | --- |

16.

| 17. | Acknowledges the role of language in culture; is concerned that cultural operators active in regional or minority languages may face an additional challenge in reaching wide audiences and accessing financial and administrative resources; calls on the Member States to take into account regional situations and develop measures to help cultural operators in expressing the freedom of culture, regardless of their linguistic or other specificities; |
| --- | --- |

17.

| 18. | Believes that every EU citizen should be able to enjoy culture and entertainment in his or her own language; points out that linguistic minorities are often too small or lack the institutional support to build up a comprehensive system of media services of their own; calls on the Commission in this regard to make an assessment and take the most appropriate measures to support the development of such media services; notes that since the submission of the Minority SafePack ECI to the Commission in 2013, essential copyright and audiovisual media services-related proposals have already adopted by the co-legislators; acknowledges the recently adopted Commission communication on the first short-term review of the Geo-blocking Regulation (COM(2020)0766), in which the Commission proposes a detailed stock-taking exercise for 2022, by when the full effects of the regulation will have become apparent; welcomes the Commission’s plan to engage in a dialogue with stakeholders on audiovisual content as part of its media and audiovisual action plan; stresses the need to ensure that minority language concerns are taken into consideration in future regulations; |
| --- | --- |

18.

| 19. | Points out that a large number of stateless people in the European Union belong to national and linguistic minorities; considers that, taking due account of the sovereignty and competences of Member States, positive measures could be and are being taken in this regard; points out that granting or withdrawing citizenship is a national competence; |
| --- | --- |

19.

| 20. | Expresses its support for the European Citizens’ Initiative ‘Minority SafePack — one million signatures for diversity in Europe’; calls on the Commission to act on it and to propose legal acts based on the Treaties and the ECI Regulation, and in accordance with the principles of subsidiarity and proportionality; points out that the initiative registered by the Commission calls for legislative proposals in nine distinct areas and recalls the request within the initiative that each individual proposal be verified and assessed on its own merit; |
| --- | --- |

20.

o

o o

| 21. | Instructs its President to forward this resolution to the Commission, the Council, the European Union Agency for Fundamental Rights and the governments and parliaments of the Member States. |
| --- | --- |

21.

---

(1)  OJ L 130, 17.5.2019, p. 55.

(2)  OJ C 363, 28.10.2020, p. 13.

(3)  OJ C 463, 21.12.2018, p. 21.

(4)  OJ C 433, 23.12.2019, p. 42.

(5)  OJ C 93, 9.3.2016, p. 52.

(6)  OJ C 189, 5.6.2019, p. 15.

(7)  ECLI:EU:T:2017:59.

(8)  ECLI:EU:T:2019:672.

(9)  OJ L 92, 6.4.2017, p. 100.

(10)  European Parliament Resolution of 13 November 2018 on minimum standards for minorities in the EU (OJ C 363, 28.10.2020, p. 13).

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/75 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/75

---

P9_TA(2020)0371

A strong social Europe for Just Transitions

European Parliament resolution of 17 December 2020 on a strong social Europe for Just Transitions (2020/2084(INI))

(2021/C 445/11)

The European Parliament,

| — | having regard to Articles 3 and 5 of the Treaty on European Union (TEU), |
| --- | --- |

—

having regard to Articles 3 and 5 of the Treaty on European Union (TEU),

| — | having regard to Articles 9, 151, 152, 153, 156, 157, 162 and 168 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 9, 151, 152, 153, 156, 157, 162 and 168 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Protocols 1, 8 and 28 to the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Protocols 1, 8 and 28 to the Treaty on the Functioning of the European Union,

| — | having regard to the Charter of Fundamental Rights of the European Union, and in particular Title IV (Solidarity) thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union, and in particular Title IV (Solidarity) thereof,

| — | having regard to the European Pillar of Social Rights (EPSR), proclaimed by the European Council, the European Parliament and the European Commission in November 2017, |
| --- | --- |

—

having regard to the European Pillar of Social Rights (EPSR), proclaimed by the European Council, the European Parliament and the European Commission in November 2017,

| — | having regard to the 2030 Agenda for Sustainable Development, |
| --- | --- |

—

having regard to the 2030 Agenda for Sustainable Development,

| — | having regard to the Paris Agreement reached at COP21 in 2015, and specifically its preamble ‘urging Parties, in implementing their policies and measures, to promote a just transition of the workforce and the creation of decent work and quality jobs in accordance with nationally defined development priorities and strategies’, |
| --- | --- |

—

having regard to the Paris Agreement reached at COP21 in 2015, and specifically its preamble ‘urging Parties, in implementing their policies and measures, to promote a just transition of the workforce and the creation of decent work and quality jobs in accordance with nationally defined development priorities and strategies’,

| — | having regard to the ILO conventions and recommendations, in particular the Labour Inspection Convention of 1947 (No 81), the ILO Centenary Declaration (2019) and the ILO Guidelines of February 2016 for a just transition towards environmentally sustainable economies and societies for all, |
| --- | --- |

—

having regard to the ILO conventions and recommendations, in particular the Labour Inspection Convention of 1947 (No 81), the ILO Centenary Declaration (2019) and the ILO Guidelines of February 2016 for a just transition towards environmentally sustainable economies and societies for all,

| — | having regard to the UN Sustainable Development Goals (SDGs), in particular goals 1, 3, 4, 5, 8, 10 and 13, |
| --- | --- |

—

having regard to the UN Sustainable Development Goals (SDGs), in particular goals 1, 3, 4, 5, 8, 10 and 13,

| — | having regard to the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and its entry into force in the EU on 21 January 2011, in accordance with Council Decision 2010/48/EC of 26 November 2009 on the conclusion by the European Community of the UN Convention on the Rights of Persons with Disabilities, |
| --- | --- |

—

having regard to the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and its entry into force in the EU on 21 January 2011, in accordance with Council Decision 2010/48/EC of 26 November 2009 on the conclusion by the European Community of the UN Convention on the Rights of Persons with Disabilities,

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

—

having regard to the UN Convention on the Elimination of All Forms of Discrimination against Women,

| — | having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (1) (Employment Equality Directive), |
| --- | --- |

—

having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (1) (Employment Equality Directive),

| — | having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (2), |
| --- | --- |

—

having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (2),

| — | having regard to the Commission proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426) and Parliament’s position thereon of 2 April 2009 (3), |
| --- | --- |

—

having regard to the Commission proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426) and Parliament’s position thereon of 2 April 2009 (3),

| — | having regard to the Commission communication of 14 January 2020 entitled ‘A strong and social Europe for just transitions’ (COM(2020)0014), |
| --- | --- |

—

having regard to the Commission communication of 14 January 2020 entitled ‘A strong and social Europe for just transitions’ (COM(2020)0014),

| — | having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640), |
| --- | --- |

—

having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640),

| — | having regard to the Commission communication of 27 May 2020 entitled ‘Europe’s moment: Repair and Prepare for the Next Generation’ (COM(2020)0456), |
| --- | --- |

—

having regard to the Commission communication of 27 May 2020 entitled ‘Europe’s moment: Repair and Prepare for the Next Generation’ (COM(2020)0456),

| — | having regard to the Commission communication of 27 May 2020 entitled ‘The EU budget powering the recovery plan for Europe (COM(2020)0442), |
| --- | --- |

—

having regard to the Commission communication of 27 May 2020 entitled ‘The EU budget powering the recovery plan for Europe (COM(2020)0442),

| — | having regard to the Commission communication of 27 May 2020 entitled “Adjusted Commission Work Programme 2020” (COM(2020)0440), |
| --- | --- |

—

having regard to the Commission communication of 27 May 2020 entitled “Adjusted Commission Work Programme 2020” (COM(2020)0440),

| — | having regard to the Commission proposal of 28 May 2020 for a Council regulation establishing a European Union Recovery Instrument to support the recovery in the aftermath of the COVID-19 pandemic (COM(2020)0441), |
| --- | --- |

—

having regard to the Commission proposal of 28 May 2020 for a Council regulation establishing a European Union Recovery Instrument to support the recovery in the aftermath of the COVID-19 pandemic (COM(2020)0441),

| — | having regard to its resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis (4), |
| --- | --- |

—

having regard to its resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis (4),

| — | having regard to the Commission report of 17 June 2020 on the impact of demographic change (COM(2020)0241), |
| --- | --- |

—

having regard to the Commission report of 17 June 2020 on the impact of demographic change (COM(2020)0241),

| — | having regard to the opinion of the European Committee of the Regions of 18 January 2017 entitled “The EU response to the demographic challenge” (2017/C017/08), |
| --- | --- |

—

having regard to the opinion of the European Committee of the Regions of 18 January 2017 entitled “The EU response to the demographic challenge” (2017/C017/08),

| — | having regard to the Commission communication of 19 February 2020 entitled “Shaping Europe’s digital future”(COM(2020)0067), |
| --- | --- |

—

having regard to the Commission communication of 19 February 2020 entitled “Shaping Europe’s digital future”(COM(2020)0067),

| — | having regard to the Commission proposal of 1 July 2020 for a Council recommendation on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience (COM(2020)0275), |
| --- | --- |

—

having regard to the Commission proposal of 1 July 2020 for a Council recommendation on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience (COM(2020)0275),

| — | having regard to the Commission staff working document of 1 July 2020 accompanying the proposal for a Council recommendation on “A Bridge to Jobs — reinforcing the Youth Guarantee” (SWD(2020)0124), |
| --- | --- |

—

having regard to the Commission staff working document of 1 July 2020 accompanying the proposal for a Council recommendation on “A Bridge to Jobs — reinforcing the Youth Guarantee” (SWD(2020)0124),

| — | having regard to its legislative resolution of 10 July 2020 on the proposal for a Council decision on guidelines for the employment policies of the Member States (5), |
| --- | --- |

—

having regard to its legislative resolution of 10 July 2020 on the proposal for a Council decision on guidelines for the employment policies of the Member States (5),

| — | having regard to its legislative resolution of 8 July 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards the resources for the specific allocation for the Youth Employment Initiative (6), |
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—

having regard to its legislative resolution of 8 July 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards the resources for the specific allocation for the Youth Employment Initiative (6),

| — | having regard to its resolution of 10 October 2019 on employment and social policies of the euro area (7), |
| --- | --- |

—

having regard to its resolution of 10 October 2019 on employment and social policies of the euro area (7),

| — | having regard to its legislative resolution of 4 April 2019 on the proposal for a Council decision on guidelines for the employment policies of the Member States (8), |
| --- | --- |

—

having regard to its legislative resolution of 4 April 2019 on the proposal for a Council decision on guidelines for the employment policies of the Member States (8),

| — | having regard to the report of the Committee on Employment and Social Affairs on the European Semester for economic policy coordination: employment and social aspects in the Annual Sustainable Growth Strategy 2020, |
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—

having regard to the report of the Committee on Employment and Social Affairs on the European Semester for economic policy coordination: employment and social aspects in the Annual Sustainable Growth Strategy 2020,

| — | having regard to the Commission communication of 17 December 2019 on the Annual Sustainable Growth Strategy 2020 (COM(2019)0650), |
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—

having regard to the Commission communication of 17 December 2019 on the Annual Sustainable Growth Strategy 2020 (COM(2019)0650),

| — | having regard to the proposal for a joint employment report from the Commission and the Council of 17 December 2019 accompanying the communication on the Annual Sustainable Growth Strategy 2020, |
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—

having regard to the proposal for a joint employment report from the Commission and the Council of 17 December 2019 accompanying the communication on the Annual Sustainable Growth Strategy 2020,

| — | having regard to Council Decision (EU) 2019/1181 of 8 July 2019 on guidelines for the employment policies of the Member States (9), |
| --- | --- |

—

having regard to Council Decision (EU) 2019/1181 of 8 July 2019 on guidelines for the employment policies of the Member States (9),

| — | having regard to its resolution of 13 March 2019 on the European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey 2019 (10), |
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—

having regard to its resolution of 13 March 2019 on the European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey 2019 (10),

| — | having regard to the “Political Guidelines for the next European Commission 2019-2024: A Union that Strives for More”, presented by Commission President Ursula von der Leyen, |
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—

having regard to the “Political Guidelines for the next European Commission 2019-2024: A Union that Strives for More”, presented by Commission President Ursula von der Leyen,

| — | having regard to the opinion of the European Economic and Social Committee of 23 January 2019 on “Social dialogue for innovation in digital economy” (11), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 23 January 2019 on “Social dialogue for innovation in digital economy” (11),

| — | having regard to the Commission’s Spring 2020 Economic Forecast of 6 May 2020, |
| --- | --- |

—

having regard to the Commission’s Spring 2020 Economic Forecast of 6 May 2020,

| — | having regard to the opinion of the European Economic and Social Committee of 18 September 2020 on “Decent minimum wages across Europe”, |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 18 September 2020 on “Decent minimum wages across Europe”,

| — | having regard to the opinion of the European Economic and Social Committee of 15 July 2020 on “Recovery plan for Europe and the Multiannual Financial Framework 2021-2027”, |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 15 July 2020 on “Recovery plan for Europe and the Multiannual Financial Framework 2021-2027”,

| — | having regard to the opinion of the European Economic and Social Committee of 11 December 2019 on “Common Minimum Standards in the field of unemployment insurance in EU Member States — A concrete step towards the effective implementation of the European Pillar of Social Rights” (12), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 11 December 2019 on “Common Minimum Standards in the field of unemployment insurance in EU Member States — A concrete step towards the effective implementation of the European Pillar of Social Rights” (12),

| — | having regard to the study by the European Foundation for the Improvement of Living and Working Conditions (Eurofound) entitled “COVID-19: Policy responses across Europe”, |
| --- | --- |

—

having regard to the study by the European Foundation for the Improvement of Living and Working Conditions (Eurofound) entitled “COVID-19: Policy responses across Europe”,

| — | having regard to the Joint Research Centre Technical Report entitled “The COVID confinement measures and EU labour markets”, published in 2020 and, in particular, to its analysis of the most recent evidence available of the patterns of telework in the EU, |
| --- | --- |

—

having regard to the Joint Research Centre Technical Report entitled “The COVID confinement measures and EU labour markets”, published in 2020 and, in particular, to its analysis of the most recent evidence available of the patterns of telework in the EU,

| — | having regard to the revised European Social Charter and to the Turin Process, launched in 2014 with the aim of strengthening the treaty system of the European Social Charter within the Council of Europe as well as its relationship with the law of the European Union, |
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—

having regard to the revised European Social Charter and to the Turin Process, launched in 2014 with the aim of strengthening the treaty system of the European Social Charter within the Council of Europe as well as its relationship with the law of the European Union,

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on Culture and Education and the Committee on Women’s Rights and Gender Equality, |
| --- | --- |

—

having regard to the opinions of the Committee on Culture and Education and the Committee on Women’s Rights and Gender Equality,

| — | having regard to the report of the Committee on Employment and Social Affairs (A9-0233/2020), |
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—

having regard to the report of the Committee on Employment and Social Affairs (A9-0233/2020),

| A. | whereas sustainable development is a fundamental objective of the European Union; whereas the social market economy is based on two complementary pillars, namely the enforcement of competition and robust social policy measures, which should lead to the achievement of full employment and social progress; whereas the three pillars of sustainable development are the economic, the social and the environmental; whereas sustainable development is based, among other things, on full employment and social progress; whereas this is a fundamental objective of the European Union laid down in Article 3(3) TEU; whereas up till now priority has been given to economic and environmental sustainability; |
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A.

whereas sustainable development is a fundamental objective of the European Union; whereas the social market economy is based on two complementary pillars, namely the enforcement of competition and robust social policy measures, which should lead to the achievement of full employment and social progress; whereas the three pillars of sustainable development are the economic, the social and the environmental; whereas sustainable development is based, among other things, on full employment and social progress; whereas this is a fundamental objective of the European Union laid down in Article 3(3) TEU; whereas up till now priority has been given to economic and environmental sustainability;

| B. | whereas there are emerging challenges that Europe is facing, such as increasing inequalities between generations, diminished social, health, economic and environmental opportunities and resources, territorial disparities, and unequal access to fundamental social and health services, jobs and business opportunities and social infrastructure; whereas reducing inequalities is a shared responsibility of the EU and the Member States; whereas inequalities (of income and of opportunities) have risen in a majority of Member States since the 2008 economic crisis, challenging both the sustainability and inclusiveness of growth and social cohesion, and in this context progress towards the EU 2020 targets has been difficult; |
| --- | --- |

B.

whereas there are emerging challenges that Europe is facing, such as increasing inequalities between generations, diminished social, health, economic and environmental opportunities and resources, territorial disparities, and unequal access to fundamental social and health services, jobs and business opportunities and social infrastructure; whereas reducing inequalities is a shared responsibility of the EU and the Member States; whereas inequalities (of income and of opportunities) have risen in a majority of Member States since the 2008 economic crisis, challenging both the sustainability and inclusiveness of growth and social cohesion, and in this context progress towards the EU 2020 targets has been difficult;

| C. | whereas there is a strong and assumed need for just transitions, in Europe and the world, to sustainable resource exploitation, lowering of CO2 emissions and strong protection of the environment, in order to safeguard the livelihoods, security, health and prosperity of future generations; whereas the transitions towards a stable and sustainable green and environment-friendly economy and social dimension will require cooperation between public and private actors, and must be accompanied by a process of reindustrialisation, modernisation of the industrial base and strengthening of the internal market; whereas the green, digital and demographic transitions affect European regions, sectors, workers and population groups in different ways and these transitions will require significant reskilling and labour reallocation in order to prevent job destruction in affected sectors; |
| --- | --- |

C.

whereas there is a strong and assumed need for just transitions, in Europe and the world, to sustainable resource exploitation, lowering of CO2 emissions and strong protection of the environment, in order to safeguard the livelihoods, security, health and prosperity of future generations; whereas the transitions towards a stable and sustainable green and environment-friendly economy and social dimension will require cooperation between public and private actors, and must be accompanied by a process of reindustrialisation, modernisation of the industrial base and strengthening of the internal market; whereas the green, digital and demographic transitions affect European regions, sectors, workers and population groups in different ways and these transitions will require significant reskilling and labour reallocation in order to prevent job destruction in affected sectors;

| D. | whereas the European regions where there is the greatest need for a sustainable transition are generally also those with high levels of poverty and exclusion; whereas decisive measures and investment are needed for a speedy recovery that should focus on mitigating the economic and social effects of the pandemic, restart economic activity, fostering sustainable development, the green transition and the digital transformation, and implementing the principles of the European Pillar of Social Rights in order to achieve more effective and stronger welfare states; whereas an internationally competitive Europe must be based on a strong social Europe in order to create a path to sustainable growth, quality jobs and robust social welfare systems for all; |
| --- | --- |

D.

whereas the European regions where there is the greatest need for a sustainable transition are generally also those with high levels of poverty and exclusion; whereas decisive measures and investment are needed for a speedy recovery that should focus on mitigating the economic and social effects of the pandemic, restart economic activity, fostering sustainable development, the green transition and the digital transformation, and implementing the principles of the European Pillar of Social Rights in order to achieve more effective and stronger welfare states; whereas an internationally competitive Europe must be based on a strong social Europe in order to create a path to sustainable growth, quality jobs and robust social welfare systems for all;

| E. | whereas Eurofound research reveals the complexity of the social dimension of the European Union and suggests complementing the Social Scoreboard accompanying the European Pillar of Social Rights with additional indicators covering job quality, social justice and equal opportunities, robust social welfare systems and fair mobility; |
| --- | --- |

E.

whereas Eurofound research reveals the complexity of the social dimension of the European Union and suggests complementing the Social Scoreboard accompanying the European Pillar of Social Rights with additional indicators covering job quality, social justice and equal opportunities, robust social welfare systems and fair mobility;

| F. | whereas the Europe 2020 strategy was launched in 2010 for the promotion of smart, sustainable and inclusive growth; whereas the implementation of the Lisbon strategy should have given more priority to sustainability and inclusiveness rather than growth; |
| --- | --- |

F.

whereas the Europe 2020 strategy was launched in 2010 for the promotion of smart, sustainable and inclusive growth; whereas the implementation of the Lisbon strategy should have given more priority to sustainability and inclusiveness rather than growth;

| G. | whereas, as stated in Article 151 TFEU, the Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter signed in Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, have as objectives the promotion of employment, improved living and working conditions so as to make possible their harmonisation while the improvement is being maintained, as well as proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment, and the combating of exclusion; whereas initiatives originating from the European Pillar of Social Rights are a shared responsibility between the EU and the Member States, which have different social systems and traditions; whereas, therefore, such initiatives should protect national collective bargaining systems, offering higher levels of protection; whereas fundamental rights, proportionality, legal certainty, equality before the law and subsidiarity are general principles of EU law and as such must be respected; |
| --- | --- |

G.

whereas, as stated in Article 151 TFEU, the Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter signed in Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, have as objectives the promotion of employment, improved living and working conditions so as to make possible their harmonisation while the improvement is being maintained, as well as proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment, and the combating of exclusion; whereas initiatives originating from the European Pillar of Social Rights are a shared responsibility between the EU and the Member States, which have different social systems and traditions; whereas, therefore, such initiatives should protect national collective bargaining systems, offering higher levels of protection; whereas fundamental rights, proportionality, legal certainty, equality before the law and subsidiarity are general principles of EU law and as such must be respected;

| H. | whereas women are under-represented in economic and political leadership positions deciding on the policy responses to COVID-19; whereas women should be included in decision-making to bring in more perspectives, knowledge and experience, which would lead to better policy outputs; |
| --- | --- |

H.

whereas women are under-represented in economic and political leadership positions deciding on the policy responses to COVID-19; whereas women should be included in decision-making to bring in more perspectives, knowledge and experience, which would lead to better policy outputs;

| I. | whereas social welfare systems contribute to guaranteeing a decent life; whereas those systems include social security, healthcare, education, housing, employment, justice and social services for disadvantaged groups, and play a key role in achieving social sustainable development, promoting equality and social justice and ensuring the right to social protection as enshrined in the Universal Declaration of Human Rights (1948); whereas social protection policies are vital elements of national development strategies to reduce poverty and vulnerability across the life cycle and to support inclusive and sustainable growth; |
| --- | --- |

I.

whereas social welfare systems contribute to guaranteeing a decent life; whereas those systems include social security, healthcare, education, housing, employment, justice and social services for disadvantaged groups, and play a key role in achieving social sustainable development, promoting equality and social justice and ensuring the right to social protection as enshrined in the Universal Declaration of Human Rights (1948); whereas social protection policies are vital elements of national development strategies to reduce poverty and vulnerability across the life cycle and to support inclusive and sustainable growth;

| J. | whereas social dialogue and collective bargaining are key instruments for employers and trade unions in order to establish fair wages and working conditions, and strong collective bargaining systems increase Member States’ resilience in times of economic crisis; whereas societies with strong collective bargaining systems tend to be wealthier and more equal; whereas the right to collective bargaining is an issue that concerns all European workers, which can also have crucial implications for democracy and the rule of law, including respect for fundamental social rights; whereas collective bargaining is a European fundamental right and the EU institutions are bound by Article 28 of the Charter of Fundamental Rights to respect it; whereas, in this context, policies that respect, promote and strengthen collective bargaining and the position of workers in wage-setting systems play a critical role in achieving a high standard of working conditions; |
| --- | --- |

J.

whereas social dialogue and collective bargaining are key instruments for employers and trade unions in order to establish fair wages and working conditions, and strong collective bargaining systems increase Member States’ resilience in times of economic crisis; whereas societies with strong collective bargaining systems tend to be wealthier and more equal; whereas the right to collective bargaining is an issue that concerns all European workers, which can also have crucial implications for democracy and the rule of law, including respect for fundamental social rights; whereas collective bargaining is a European fundamental right and the EU institutions are bound by Article 28 of the Charter of Fundamental Rights to respect it; whereas, in this context, policies that respect, promote and strengthen collective bargaining and the position of workers in wage-setting systems play a critical role in achieving a high standard of working conditions;

| K. | whereas collective bargaining is a key instrument to promote rights at work; whereas, according to OECD data, over the last decades both trade union density and collective bargaining coverage have significantly declined; whereas collective bargaining coverage has been decreasing in 22 of the EU’s 27 Member States since 2000; whereas the quality of work and of the working environment is higher on average in countries with well-organised social partners and a large coverage of collective agreements; whereas collective bargaining, provided it has a wide coverage and is well coordinated, fosters good labour market performance; |
| --- | --- |

K.

whereas collective bargaining is a key instrument to promote rights at work; whereas, according to OECD data, over the last decades both trade union density and collective bargaining coverage have significantly declined; whereas collective bargaining coverage has been decreasing in 22 of the EU’s 27 Member States since 2000; whereas the quality of work and of the working environment is higher on average in countries with well-organised social partners and a large coverage of collective agreements; whereas collective bargaining, provided it has a wide coverage and is well coordinated, fosters good labour market performance;

| L. | whereas, according to Eurofound, collective bargaining has come under pressure and the recession of 2008 has resulted in its decentralisation; whereas, while every sixth worker in the EU is estimated to be covered by a collective wage agreement, there is difficulty in obtaining reliable evidence in the form of more in-depth coverage data as regards collective bargaining and collective agreements across the EU; whereas, according to data provided by the European Trade Union Institute (ETUI), the average level of union membership across the EU is around 23 %, with a great variety in union membership rates between Member States, ranging from 74 % to as low as 8 %; whereas the membership of employers’ organisations and the share of the markets they represent vary significantly as well; |
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L.

whereas, according to Eurofound, collective bargaining has come under pressure and the recession of 2008 has resulted in its decentralisation; whereas, while every sixth worker in the EU is estimated to be covered by a collective wage agreement, there is difficulty in obtaining reliable evidence in the form of more in-depth coverage data as regards collective bargaining and collective agreements across the EU; whereas, according to data provided by the European Trade Union Institute (ETUI), the average level of union membership across the EU is around 23 %, with a great variety in union membership rates between Member States, ranging from 74 % to as low as 8 %; whereas the membership of employers’ organisations and the share of the markets they represent vary significantly as well;

| M. | whereas social investment is about investing in people in order to improve their living conditions; whereas key policy areas for social investment include social security, healthcare, long-term care, education, housing, employment, justice and social services for disadvantaged groups; whereas well-designed social policies strongly contribute to sustainable development and growth as well as to protecting people from poverty and acting as economic stabilisers; |
| --- | --- |

M.

whereas social investment is about investing in people in order to improve their living conditions; whereas key policy areas for social investment include social security, healthcare, long-term care, education, housing, employment, justice and social services for disadvantaged groups; whereas well-designed social policies strongly contribute to sustainable development and growth as well as to protecting people from poverty and acting as economic stabilisers;

| N. | whereas the poverty rate is predicted to increase as one of the effects of the COVID-19 pandemic; whereas women, young people, older people, persons with disabilities and large families are more endangered by this development; whereas the number of single-person households and older people living alone is increasing; whereas single-person households are at greater risk of poverty and social exclusion, and, particularly, older women are at higher risk of poverty than older men if they live alone; whereas lone parent households are at high risk of poverty and deprivation, and have difficulties budgeting due to single incomes and lower employment rates; whereas an increasing number of young adults are now relying on the parental home to protect them from poverty, but 29 % of households with three generations are at risk of poverty and 13 % are severely deprived; |
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N.

whereas the poverty rate is predicted to increase as one of the effects of the COVID-19 pandemic; whereas women, young people, older people, persons with disabilities and large families are more endangered by this development; whereas the number of single-person households and older people living alone is increasing; whereas single-person households are at greater risk of poverty and social exclusion, and, particularly, older women are at higher risk of poverty than older men if they live alone; whereas lone parent households are at high risk of poverty and deprivation, and have difficulties budgeting due to single incomes and lower employment rates; whereas an increasing number of young adults are now relying on the parental home to protect them from poverty, but 29 % of households with three generations are at risk of poverty and 13 % are severely deprived;

| O. | whereas gender discrimination in the home and on the labour market can result in an unequal distribution of resources, making women more vulnerable to poverty and social exclusion than men; whereas if they fall into poverty, women have less chance of getting out of it; |
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O.

whereas gender discrimination in the home and on the labour market can result in an unequal distribution of resources, making women more vulnerable to poverty and social exclusion than men; whereas if they fall into poverty, women have less chance of getting out of it;

| P. | whereas both horizontal and vertical labour market segregation in the EU are still significant, with women over-represented in less profitable sectors; whereas in particular women with precarious contracts have been affected by the COVID-19 pandemic, as they were the first to lose their jobs, resulting in financial consequences for their families and for their economic independence, as well as leading to them receiving insufficient social security protection in times of crisis; |
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P.

whereas both horizontal and vertical labour market segregation in the EU are still significant, with women over-represented in less profitable sectors; whereas in particular women with precarious contracts have been affected by the COVID-19 pandemic, as they were the first to lose their jobs, resulting in financial consequences for their families and for their economic independence, as well as leading to them receiving insufficient social security protection in times of crisis;

| Q. | whereas in 2018 there were nearly 109 million persons at risk of poverty or social exclusion in the EU-27, equivalent to 21,7 % of the total population, with 23 million being children (13); whereas the EU did not reach its 2020 target to reduce the number of people at risk of poverty or social exclusion by at least 20 million; whereas the number of people at risk of poverty or social exclusion is likely to increase within the Union as a result of the COVID-19 crisis; whereas homelessness has increased by 70 % consistently in most Member States over the past decade, with at least 700 000 people being without shelter on any given night in the EU; whereas COVID-19 has demonstrated that homelessness represents both a social and a public health crisis (14); whereas about one-fifth of people in the EU are at risk of severe indebtedness and many do not receive the social benefits to which they are entitled under their national systems; |
| --- | --- |

Q.

whereas in 2018 there were nearly 109 million persons at risk of poverty or social exclusion in the EU-27, equivalent to 21,7 % of the total population, with 23 million being children (13); whereas the EU did not reach its 2020 target to reduce the number of people at risk of poverty or social exclusion by at least 20 million; whereas the number of people at risk of poverty or social exclusion is likely to increase within the Union as a result of the COVID-19 crisis; whereas homelessness has increased by 70 % consistently in most Member States over the past decade, with at least 700 000 people being without shelter on any given night in the EU; whereas COVID-19 has demonstrated that homelessness represents both a social and a public health crisis (14); whereas about one-fifth of people in the EU are at risk of severe indebtedness and many do not receive the social benefits to which they are entitled under their national systems;

| R. | whereas one in five workers in the EU holds a poor quality job; whereas it is expected that in the next decade, job polarisation and non-standard forms of employment will increase further and there will be more jobs at the higher and lower ends of the skills spectrum (15); whereas technological change and the use of artificial intelligence might alter the labour market significantly; whereas this leads to further disparities in earnings; whereas labour demand has consistently been weakest in the middle of the job-wage distribution, most noticeably during the periods of recession and employment contraction between 2008 and 2013, partly due to employment shifting from the manufacturing and construction sectors to services; whereas this trend is likely to be further reinforced by the pandemic; whereas low-skilled jobs will always be essential for societies and must offer decent pay and conditions; whereas digitalisation can create chances and opportunities for upskilling, but does not necessarily improve working conditions or create new quality jobs for all; |
| --- | --- |

R.

whereas one in five workers in the EU holds a poor quality job; whereas it is expected that in the next decade, job polarisation and non-standard forms of employment will increase further and there will be more jobs at the higher and lower ends of the skills spectrum (15); whereas technological change and the use of artificial intelligence might alter the labour market significantly; whereas this leads to further disparities in earnings; whereas labour demand has consistently been weakest in the middle of the job-wage distribution, most noticeably during the periods of recession and employment contraction between 2008 and 2013, partly due to employment shifting from the manufacturing and construction sectors to services; whereas this trend is likely to be further reinforced by the pandemic; whereas low-skilled jobs will always be essential for societies and must offer decent pay and conditions; whereas digitalisation can create chances and opportunities for upskilling, but does not necessarily improve working conditions or create new quality jobs for all;

| S. | whereas there is hardly any transition from fixed-term to permanent employment contracts; whereas 60 % of workers are trapped involuntarily in fixed-term employment; whereas transition rates are particularly low in countries with high levels of fixed-term employment; whereas even public administrations have too often relied on temporary workers to replace civil servants, with more precarious working conditions; |
| --- | --- |

S.

whereas there is hardly any transition from fixed-term to permanent employment contracts; whereas 60 % of workers are trapped involuntarily in fixed-term employment; whereas transition rates are particularly low in countries with high levels of fixed-term employment; whereas even public administrations have too often relied on temporary workers to replace civil servants, with more precarious working conditions;

| T. | whereas research by Eurofound on ‘new forms of employment’ shows that emerging and increasingly important employment forms which deviate from traditional employer-employee relationships and/or are characterised by non-traditional work organisation and work patterns, tend to be less covered by social protection, social dialogue and collective bargaining; whereas, as such employment forms are also found to be more intensively used during economically challenging times, interventions should be considered to counter the expected labour market crisis resulting from the COVID-19 pandemic; |
| --- | --- |

T.

whereas research by Eurofound on ‘new forms of employment’ shows that emerging and increasingly important employment forms which deviate from traditional employer-employee relationships and/or are characterised by non-traditional work organisation and work patterns, tend to be less covered by social protection, social dialogue and collective bargaining; whereas, as such employment forms are also found to be more intensively used during economically challenging times, interventions should be considered to counter the expected labour market crisis resulting from the COVID-19 pandemic;

| U. | whereas the unemployment rate is over 7 %, and the youth unemployment rate has risen to 17 % and is expected to increase further due to COVID-19 (16), concerning especially women and workers in low-skilled positions; whereas the euro area unemployment rate is expected to increase from 8,3 % in 2020 to about 9,3 % in 2021, with substantial differences among Member States (17); whereas the unemployment rate of specific groups, such as persons with disabilities, ethnic minorities like the Romani people, young people and elderly people, can be significantly higher; whereas according to Eurofound’s survey ‘Living, Working and COVID-19’, the COVID-19 crisis has had a dramatic impact on the labour market, with 8 % of employees and 13 % of the solo self-employed becoming unemployed since the onset of the pandemic; whereas the impact of the crisis has also been felt by those who remained in the labour market with a considerable decrease in hours worked, which is reflected in loss of income and concerns over future labour market participation and financial insecurity; |
| --- | --- |

U.

whereas the unemployment rate is over 7 %, and the youth unemployment rate has risen to 17 % and is expected to increase further due to COVID-19 (16), concerning especially women and workers in low-skilled positions; whereas the euro area unemployment rate is expected to increase from 8,3 % in 2020 to about 9,3 % in 2021, with substantial differences among Member States (17); whereas the unemployment rate of specific groups, such as persons with disabilities, ethnic minorities like the Romani people, young people and elderly people, can be significantly higher; whereas according to Eurofound’s survey ‘Living, Working and COVID-19’, the COVID-19 crisis has had a dramatic impact on the labour market, with 8 % of employees and 13 % of the solo self-employed becoming unemployed since the onset of the pandemic; whereas the impact of the crisis has also been felt by those who remained in the labour market with a considerable decrease in hours worked, which is reflected in loss of income and concerns over future labour market participation and financial insecurity;

| V. | whereas according to Eurostat, in 2018 there were 8,3 million underemployed part-time workers in the EU-28, 7,6 million persons were available to work but not looking for a job, and another 2,2 million were looking for jobs without being able to start working within a short time period; whereas in total 18,1 million persons experienced something resembling unemployment in the EU-28 in 2018; |
| --- | --- |

V.

whereas according to Eurostat, in 2018 there were 8,3 million underemployed part-time workers in the EU-28, 7,6 million persons were available to work but not looking for a job, and another 2,2 million were looking for jobs without being able to start working within a short time period; whereas in total 18,1 million persons experienced something resembling unemployment in the EU-28 in 2018;

| W. | whereas the fight against unemployment of young people as well as the elderly remains one of the greatest challenges at regional level in the EU; |
| --- | --- |

W.

whereas the fight against unemployment of young people as well as the elderly remains one of the greatest challenges at regional level in the EU;

| X. | whereas the COVID-19 crisis has brought to light abuses regarding the rights of cross-border, frontier and seasonal workers and the precariousness of their situation, with low levels of social protection and social security coordination; whereas there is therefore a need for stronger regulation, more efficient monitoring and effective enforcement of decent working conditions, as well as housing conditions and health and safety at work; whereas the Temporary Agency Work Directive has to be improved in this aspect; |
| --- | --- |

X.

whereas the COVID-19 crisis has brought to light abuses regarding the rights of cross-border, frontier and seasonal workers and the precariousness of their situation, with low levels of social protection and social security coordination; whereas there is therefore a need for stronger regulation, more efficient monitoring and effective enforcement of decent working conditions, as well as housing conditions and health and safety at work; whereas the Temporary Agency Work Directive has to be improved in this aspect;

| Y. | whereas the gap in employment participation between men and women was 11,7 % in 2019; whereas this differential has a huge economic cost for the EU, corresponding to EUR 320 billion per year, or 2,37 % of EU GDP; whereas the COVID-19 crisis disproportionately affects women’s labour and social situation, with 26,5 % of women being in precarious jobs, representing 60 % of part-time workers; whereas women are more affected than men by the difficulties arising from the COVID-19 pandemic, owing to the employment sectors in which they are prevalent and the burden of caring for children and the elderly, which still weighs particularly heavily on their shoulders; |
| --- | --- |

Y.

whereas the gap in employment participation between men and women was 11,7 % in 2019; whereas this differential has a huge economic cost for the EU, corresponding to EUR 320 billion per year, or 2,37 % of EU GDP; whereas the COVID-19 crisis disproportionately affects women’s labour and social situation, with 26,5 % of women being in precarious jobs, representing 60 % of part-time workers; whereas women are more affected than men by the difficulties arising from the COVID-19 pandemic, owing to the employment sectors in which they are prevalent and the burden of caring for children and the elderly, which still weighs particularly heavily on their shoulders;

| Z. | whereas persons with disabilities and the elderly are particularly susceptible to the COVID-19 crisis; whereas they are likely to suffer disproportionately and to have particular support needs that must be taken into account from the very outset when responding to the pandemic, with research showing that these groups are at high risk of developing mental health problems; |
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Z.

whereas persons with disabilities and the elderly are particularly susceptible to the COVID-19 crisis; whereas they are likely to suffer disproportionately and to have particular support needs that must be taken into account from the very outset when responding to the pandemic, with research showing that these groups are at high risk of developing mental health problems;

| AA. | whereas Europe’s regions are facing long-term demographic trends, from longer life expectancy to lower birth rates, ageing societies, shrinking workforce, smaller households and increasing urbanisation; whereas Europe’s declining share of the global population, with it being expected to account for less than 4 % by 2070, will bring challenges; whereas rural and peripheral areas are strongly affected by demographic changes; |
| --- | --- |

AA.

whereas Europe’s regions are facing long-term demographic trends, from longer life expectancy to lower birth rates, ageing societies, shrinking workforce, smaller households and increasing urbanisation; whereas Europe’s declining share of the global population, with it being expected to account for less than 4 % by 2070, will bring challenges; whereas rural and peripheral areas are strongly affected by demographic changes;

| AB. | whereas the pandemic has particularly affected the elderly, in some cases aggravating the situation of those who are isolated; whereas the elderly are most at risk of lack of access to the internet and modern technologies, and are consequently at a higher risk of exclusion, including digital exclusion; |
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AB.

whereas the pandemic has particularly affected the elderly, in some cases aggravating the situation of those who are isolated; whereas the elderly are most at risk of lack of access to the internet and modern technologies, and are consequently at a higher risk of exclusion, including digital exclusion;

| AC. | whereas the crisis has resulted in rising urban poverty, affecting more middle-income households and creating new at-risk groups, and is leading to deepening territorial inequalities, exacerbating social disadvantages in deprived urban areas as well as unequal access to public services and generating increasing demand for social services and social infrastructure at local level, at a time when local budgets are overstretched; |
| --- | --- |

AC.

whereas the crisis has resulted in rising urban poverty, affecting more middle-income households and creating new at-risk groups, and is leading to deepening territorial inequalities, exacerbating social disadvantages in deprived urban areas as well as unequal access to public services and generating increasing demand for social services and social infrastructure at local level, at a time when local budgets are overstretched;

| AD. | whereas research based on the 2015 European Working Conditions Survey shows that twice as many regular teleworkers report working in excess of the 48 hours stipulated in EU legislation and resting for less than 11 hours between working days, as compared to those working on their employers’ premises; whereas almost 30 % of such teleworkers report working in their free time every day or several times a week, compared to below 5 % of office-based workers; whereas regular teleworkers are also more likely to report suffering from work-related stress, being affected by sleep disorders and struggling to reconcile work and family responsibilities; |
| --- | --- |

AD.

whereas research based on the 2015 European Working Conditions Survey shows that twice as many regular teleworkers report working in excess of the 48 hours stipulated in EU legislation and resting for less than 11 hours between working days, as compared to those working on their employers’ premises; whereas almost 30 % of such teleworkers report working in their free time every day or several times a week, compared to below 5 % of office-based workers; whereas regular teleworkers are also more likely to report suffering from work-related stress, being affected by sleep disorders and struggling to reconcile work and family responsibilities;

| AE. | whereas as a result of COVID-19 and the measures to tackle it, namely confinement and teleworking, women in abusive relationships have become permanently exposed to violence, which has increased the number of cases of violence against women; whereas one consequence of confinement has been an explosion in gender-based and intra-family violence, by around 30 % in some European countries; whereas, in total, more than 243 million women between the ages of 15 and 49 have experienced sexual and/or physical violence worldwide in the past 12 months; |
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AE.

whereas as a result of COVID-19 and the measures to tackle it, namely confinement and teleworking, women in abusive relationships have become permanently exposed to violence, which has increased the number of cases of violence against women; whereas one consequence of confinement has been an explosion in gender-based and intra-family violence, by around 30 % in some European countries; whereas, in total, more than 243 million women between the ages of 15 and 49 have experienced sexual and/or physical violence worldwide in the past 12 months;

| AF. | whereas the pressure on women has increased further; whereas the new forms of work imposed, which are extendable and come at the expense of the separation between work and private life, have led during confinement to an explosion of new forms of psychological and sexual harassment, both online and offline; whereas the vast majority of companies and governments have not put in place any measures to counter these phenomena; |
| --- | --- |

AF.

whereas the pressure on women has increased further; whereas the new forms of work imposed, which are extendable and come at the expense of the separation between work and private life, have led during confinement to an explosion of new forms of psychological and sexual harassment, both online and offline; whereas the vast majority of companies and governments have not put in place any measures to counter these phenomena;

1.

Highlights that the EU has embarked on a transition towards a low-carbon, climate-neutral, resource-efficient and circular economy that must ensure the highest levels of social justice, increasing wellbeing, social progress, security, prosperity, equality and inclusion and leaving no one behind; believes that sustainable development is deeply rooted in the European project and European values, and that social sustainability is a fundamental prerequisite for fair and inclusive green, digital and demographic transitions; insists that, in order to reduce inequalities, these processes must be framed in a transition that can offer social opportunities and shared prosperity; stresses that social justice, decent work with living wages, equal opportunities, fair mobility and robust social welfare systems are essential elements in the just transition to a sustainable and social Europe;

2.

Believes that this recovery period must be the time for reforms fully committed to the implementation of the UN 2030 Agenda and its 17 Sustainable Development Goals (SDGs), based on solidarity, integration, social justice, a fair distribution of wealth, gender equality, high-quality public social welfare systems, quality employment and sustainable growth — a model that ensures equality and social protection, takes into consideration the needs of vulnerable groups, enhances participation and citizenship and improves living standards for all; considers this to be the best way for an EU to emerge from this crisis that is more sustainable, more resilient and fairer for the next generation;

3.

Emphasises that progress towards a sustainable, fair and inclusive social Europe requires a strong shared commitment, both to the advancement of the UN 2030 Agenda and to the implementation and materialisation of the principles and rights contained in the European Pillar of Social Rights; highlights that an ambitious political agenda with identifiable, feasible, sustainable, clear and mandatory targets and indicators of social sustainability must be designed; points out that the next EU Social Summit planned for May 2021 in Porto would be the perfect opportunity for adoption of this agenda at the highest political level by the leaders of the 27 Member States and of the European Council, the European Parliament and the European Commission; calls for the involvement of social partners throughout the process;

Governance framework for social progress

Governance framework for social progress

| 4. | Considers that the Porto agenda should take a double approach, i.e. it should focus on the social sustainability part of the EU’s Sustainable Development 2030 Agenda, while at the same time paving the way for the materialisation of the EPSR principles through adopting an Action Plan as well as serving as a follow-up to the Lisbon strategy, setting ambitious and mandatory targets and instruments defining the road to social progress and sustainability; believes that this agenda could contain the strategic framework for a sustainable, fair and inclusive social Europe for 2030; |
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4.

Considers that the Porto agenda should take a double approach, i.e. it should focus on the social sustainability part of the EU’s Sustainable Development 2030 Agenda, while at the same time paving the way for the materialisation of the EPSR principles through adopting an Action Plan as well as serving as a follow-up to the Lisbon strategy, setting ambitious and mandatory targets and instruments defining the road to social progress and sustainability; believes that this agenda could contain the strategic framework for a sustainable, fair and inclusive social Europe for 2030;

| 5. | Stresses that the goals of a new agenda for a strong social Europe must focus on protecting everyone and especially the most vulnerable and on making the recovery inclusive and socially just, and that these goals must be reinforced through mandatory enforceability, taking into account national specificities and needs and mirroring economic and environmental obligations whose observance is linked to access to European funds; considers that, in this sense, EU and Member States’ policy actions, programmes and reforms should be designed in a way that would contribute to the achievement of these mandatory objectives and that legal protection should imply that actions, policies, programmes or reforms that could have a potential negative impact on or hamper the progress towards the achievement of these objectives should be prevented; |
| --- | --- |

5.

Stresses that the goals of a new agenda for a strong social Europe must focus on protecting everyone and especially the most vulnerable and on making the recovery inclusive and socially just, and that these goals must be reinforced through mandatory enforceability, taking into account national specificities and needs and mirroring economic and environmental obligations whose observance is linked to access to European funds; considers that, in this sense, EU and Member States’ policy actions, programmes and reforms should be designed in a way that would contribute to the achievement of these mandatory objectives and that legal protection should imply that actions, policies, programmes or reforms that could have a potential negative impact on or hamper the progress towards the achievement of these objectives should be prevented;

| 6. | Is convinced that a governance framework for a social and sustainable Europe should be anchored in the following reforms: the integration of the EPSR and a social progress protocol in the Treaties, protecting social rights at the same level as economic freedoms in the single market, and the adoption of a Sustainable Development and Social Progress Pact making social and sustainable targets mandatory, in order to achieve the UN SDGs; considers that, additionally, the Semester process should follow the Community method and be agreed between the Council and the European Parliament, while more social policy areas should fall under the qualified majority decision process, in particular non-discrimination, social protection of workers (apart from cross-border situations), protection of workers whose employment contract has been terminated, the representation and collective defence of the interests of workers and employers, and conditions of employment for third-country nationals legally residing in the EU; |
| --- | --- |

6.

Is convinced that a governance framework for a social and sustainable Europe should be anchored in the following reforms: the integration of the EPSR and a social progress protocol in the Treaties, protecting social rights at the same level as economic freedoms in the single market, and the adoption of a Sustainable Development and Social Progress Pact making social and sustainable targets mandatory, in order to achieve the UN SDGs; considers that, additionally, the Semester process should follow the Community method and be agreed between the Council and the European Parliament, while more social policy areas should fall under the qualified majority decision process, in particular non-discrimination, social protection of workers (apart from cross-border situations), protection of workers whose employment contract has been terminated, the representation and collective defence of the interests of workers and employers, and conditions of employment for third-country nationals legally residing in the EU;

Financial means for a strong social and sustainable Europe

Financial means for a strong social and sustainable Europe

| 7. | Calls on the Member States to make full use of flexibility in the application of EU rules on public finances and fiscal policies, in order to accommodate exceptional spending so as to prevent and mitigate the social consequences of the COVID-19 pandemic crisis, strengthen social welfare systems, and finance quality jobs, public services, the fight against poverty and the green and digital transitions; welcomes NextGenerationEU, the EU’s recovery plan; stresses that just green and digital transitions can only be achieved with appropriate support for education and social care and healthcare infrastructure, in order to ensure social fairness, social cohesion and prosperity for all; is concerned that, in the current crisis, social welfare systems are experiencing unprecedented pressure and that related public expenditure will increase exponentially; underlines that the expenditure for the crisis measures should not come at the expense of the least well-off, but should be borne fairly; stresses, therefore, that in order to fuel the recovery, the EU’s investment effort through the Recovery Plan must have a strong social dimension, strengthening social welfare systems and investing in social security, access to healthcare and education, affordable housing, employment, justice and social services for vulnerable groups, in order to combat the social impact of the crisis; considers that investment in education, well-designed progressive tax and benefit systems, social investment and the provision of quality public and social services are essential levers for preventing the transfer of disadvantage from one generation to the next; stresses the importance of the implementation of the EPSR in the context of the European Recovery Plan and the Recovery and Resilience Facility, at the same level as the Green Deal and the digital transition; calls, therefore, for the upcoming reforms linked to the recovery package to include upward social convergence as one of the main objectives of the national reform programmes, including through financial support; in this sense, believes that the new Porto 2030 targets should be supported in the Recovery Plan, alongside the economic and environmental targets; |
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7.

Calls on the Member States to make full use of flexibility in the application of EU rules on public finances and fiscal policies, in order to accommodate exceptional spending so as to prevent and mitigate the social consequences of the COVID-19 pandemic crisis, strengthen social welfare systems, and finance quality jobs, public services, the fight against poverty and the green and digital transitions; welcomes NextGenerationEU, the EU’s recovery plan; stresses that just green and digital transitions can only be achieved with appropriate support for education and social care and healthcare infrastructure, in order to ensure social fairness, social cohesion and prosperity for all; is concerned that, in the current crisis, social welfare systems are experiencing unprecedented pressure and that related public expenditure will increase exponentially; underlines that the expenditure for the crisis measures should not come at the expense of the least well-off, but should be borne fairly; stresses, therefore, that in order to fuel the recovery, the EU’s investment effort through the Recovery Plan must have a strong social dimension, strengthening social welfare systems and investing in social security, access to healthcare and education, affordable housing, employment, justice and social services for vulnerable groups, in order to combat the social impact of the crisis; considers that investment in education, well-designed progressive tax and benefit systems, social investment and the provision of quality public and social services are essential levers for preventing the transfer of disadvantage from one generation to the next; stresses the importance of the implementation of the EPSR in the context of the European Recovery Plan and the Recovery and Resilience Facility, at the same level as the Green Deal and the digital transition; calls, therefore, for the upcoming reforms linked to the recovery package to include upward social convergence as one of the main objectives of the national reform programmes, including through financial support; in this sense, believes that the new Porto 2030 targets should be supported in the Recovery Plan, alongside the economic and environmental targets;

| 8. | Highlights that social investment in the recovery package should match the Porto Agenda targets in ambition, in order to provide the necessary financial support as well; believes that specific Social Progress Plans (SPPs) should outline how the Porto Agenda targets and the EPSR principles will be implemented, the size of the social investments, the areas in question, and the progress results aimed for; |
| --- | --- |

8.

Highlights that social investment in the recovery package should match the Porto Agenda targets in ambition, in order to provide the necessary financial support as well; believes that specific Social Progress Plans (SPPs) should outline how the Porto Agenda targets and the EPSR principles will be implemented, the size of the social investments, the areas in question, and the progress results aimed for;

| 9. | Recalls that short-time work schemes are an effective tool to safeguard jobs during an economic crisis; welcomes the establishment of the Instrument for Temporary Support to Mitigate Employment Risks in an Emergency (SURE) as an emergency measure to support Member States’ short-time work schemes in the context of the COVID-19 crisis; underlines that this is a key instrument to support national short-time work schemes, thus making it possible to safeguard jobs and skills and to preserve a large proportion of wages and incomes; invites the Commission to carefully evaluate the performance of this temporary instrument and examine the possible introduction of a permanent special instrument in this respect, to be activated — upon request by Member States — in case of any unexpected crisis that leads to a steady rise in expenditure for short-time work schemes and similar measures; calls on the Commission and the Member States to ensure that financial assistance is provided only to undertakings that are not registered in the countries listed in the common EU list of third-country jurisdictions for tax purposes or in Annex 1 of the Council conclusions on the revised EU list of non-cooperative jurisdictions for tax purposes; calls on the Commission and the Member States to ensure that beneficiaries comply with the fundamental values enshrined in the Treaties, and that companies receiving public financial support protect workers, guarantee decent working conditions, respect trade unions and applicable collective agreements, pay their share of taxes, and refrain from share buybacks or paying out bonuses to management or dividends to shareholders; stresses the importance of combining short-time work programmes with education and professional training for the affected workers; |
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9.

Recalls that short-time work schemes are an effective tool to safeguard jobs during an economic crisis; welcomes the establishment of the Instrument for Temporary Support to Mitigate Employment Risks in an Emergency (SURE) as an emergency measure to support Member States’ short-time work schemes in the context of the COVID-19 crisis; underlines that this is a key instrument to support national short-time work schemes, thus making it possible to safeguard jobs and skills and to preserve a large proportion of wages and incomes; invites the Commission to carefully evaluate the performance of this temporary instrument and examine the possible introduction of a permanent special instrument in this respect, to be activated — upon request by Member States — in case of any unexpected crisis that leads to a steady rise in expenditure for short-time work schemes and similar measures; calls on the Commission and the Member States to ensure that financial assistance is provided only to undertakings that are not registered in the countries listed in the common EU list of third-country jurisdictions for tax purposes or in Annex 1 of the Council conclusions on the revised EU list of non-cooperative jurisdictions for tax purposes; calls on the Commission and the Member States to ensure that beneficiaries comply with the fundamental values enshrined in the Treaties, and that companies receiving public financial support protect workers, guarantee decent working conditions, respect trade unions and applicable collective agreements, pay their share of taxes, and refrain from share buybacks or paying out bonuses to management or dividends to shareholders; stresses the importance of combining short-time work programmes with education and professional training for the affected workers;

| 10. | Welcomes the announcement by the President of the European Commission proposing an EU Unemployment Benefit Reinsurance Scheme, and urges the Commission to present its proposal; calls for this instrument to protect all types of workers, reduce pressure from external shocks on public finances, and safeguard national unemployment benefit systems during crises that lead to a sudden rise in expenditure; calls for this proposal to cover EMU countries with the possibility of non-EMU countries also joining; |
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10.

Welcomes the announcement by the President of the European Commission proposing an EU Unemployment Benefit Reinsurance Scheme, and urges the Commission to present its proposal; calls for this instrument to protect all types of workers, reduce pressure from external shocks on public finances, and safeguard national unemployment benefit systems during crises that lead to a sudden rise in expenditure; calls for this proposal to cover EMU countries with the possibility of non-EMU countries also joining;

| 11. | Welcomes the introduction of a Just Transition Fund; stresses that broad social acceptance of environmental protection and climate action measures is vital for their effective implementation; urges Member States to effectively involve social partners, regional and local government and civil society in the elaboration of Territorial Just Transition Plans; recalls that climate change and the subsequent structural changes are already having a severe impact on many European regions and their people; stresses that the creation of green and decent jobs is crucial in order to achieve an inclusive and balanced job market to accompany the fair and just transition towards a renewables-based, highly resource- and energy-efficient, circular and carbon-neutral economy and to make sure no one is left behind; insists on increasing the amount put forward in May 2020 for the Just Transition Fund by the Commission in its amended proposal; calls for the fund to have sufficient financial means to support regions in transition and to ensure that new quality jobs are created and that social cohesion is the guiding principle for providing support under the fund; stresses that the revised European Globalisation Adjustment Fund is pivotal in supporting social plans for workers hit by restructuring, and calls on the Commission and the Member States to agree to a substantially increased budget for this instrument as part of the broader European Just Transition financial support; calls for sustainable and ambitious use of the funds available in order to support those regions which are most vulnerable and are lagging behind, by using transitional measures where needed; recalls the importance of eligible projects being consistent with the climate neutrality objective for 2050 and its intermediate steps up to 2030, as well as with the European Pillar of Social Rights; |
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11.

Welcomes the introduction of a Just Transition Fund; stresses that broad social acceptance of environmental protection and climate action measures is vital for their effective implementation; urges Member States to effectively involve social partners, regional and local government and civil society in the elaboration of Territorial Just Transition Plans; recalls that climate change and the subsequent structural changes are already having a severe impact on many European regions and their people; stresses that the creation of green and decent jobs is crucial in order to achieve an inclusive and balanced job market to accompany the fair and just transition towards a renewables-based, highly resource- and energy-efficient, circular and carbon-neutral economy and to make sure no one is left behind; insists on increasing the amount put forward in May 2020 for the Just Transition Fund by the Commission in its amended proposal; calls for the fund to have sufficient financial means to support regions in transition and to ensure that new quality jobs are created and that social cohesion is the guiding principle for providing support under the fund; stresses that the revised European Globalisation Adjustment Fund is pivotal in supporting social plans for workers hit by restructuring, and calls on the Commission and the Member States to agree to a substantially increased budget for this instrument as part of the broader European Just Transition financial support; calls for sustainable and ambitious use of the funds available in order to support those regions which are most vulnerable and are lagging behind, by using transitional measures where needed; recalls the importance of eligible projects being consistent with the climate neutrality objective for 2050 and its intermediate steps up to 2030, as well as with the European Pillar of Social Rights;

| 12. | Stresses the changes that just transition brings to the labour market and the distribution of the new green jobs; calls on the Commission and the Member States to develop strategies to ensure women’s access to new green jobs and to reduce the gender gap in employment in the renewable energy sector; |
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12.

Stresses the changes that just transition brings to the labour market and the distribution of the new green jobs; calls on the Commission and the Member States to develop strategies to ensure women’s access to new green jobs and to reduce the gender gap in employment in the renewable energy sector;

| 13. | Recalls that, before the COVID-19 pandemic, more than 100 million Europeans were struggling with poverty and material deprivation on a daily basis and that the situation will deteriorate further as a result of the crisis; recognises the crucial role of all European funds and programmes in the social area and the even more essential role the future ESF+ and the European Globalisation Adjustment Fund (EGF) will play in the next 7 years; stresses that the recovery efforts should boost jobs and growth and the resilience and fairness of our societies, and should be complemented by a strong social dimension, addressing social and economic inequalities and the needs of those hit hardest by the crisis, particularly vulnerable and disadvantaged groups, such as those in poverty, the unemployed, the elderly, young people, persons with disabilities, single parents, mobile workers and migrants; welcomes the Commission’s undertaking to mobilise the EGF in response to the impact of the COVID-19 crisis on the social and economic level, and stresses that extending the scope of the EGF to digital and green transitions will require sufficient funding for the years to come; calls on the Member States to make full use of this fund in order to accompany the displaced workers in these transitions; |
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13.

Recalls that, before the COVID-19 pandemic, more than 100 million Europeans were struggling with poverty and material deprivation on a daily basis and that the situation will deteriorate further as a result of the crisis; recognises the crucial role of all European funds and programmes in the social area and the even more essential role the future ESF+ and the European Globalisation Adjustment Fund (EGF) will play in the next 7 years; stresses that the recovery efforts should boost jobs and growth and the resilience and fairness of our societies, and should be complemented by a strong social dimension, addressing social and economic inequalities and the needs of those hit hardest by the crisis, particularly vulnerable and disadvantaged groups, such as those in poverty, the unemployed, the elderly, young people, persons with disabilities, single parents, mobile workers and migrants; welcomes the Commission’s undertaking to mobilise the EGF in response to the impact of the COVID-19 crisis on the social and economic level, and stresses that extending the scope of the EGF to digital and green transitions will require sufficient funding for the years to come; calls on the Member States to make full use of this fund in order to accompany the displaced workers in these transitions;

| 14. | Is concerned that in the context of the recovery from the COVID-19 outbreak, the need to tackle poverty, including child poverty, will become imminent in the coming years; underlines that Member States should allocate at least 5 % of the European Social Fund (ESF+) resources under shared management to support activities under the European Child Guarantee (ECG); stresses that it is essential that a separate budget of EUR 3 billion is created for the first year of its implementation, with the EU suffering the consequences of the COVID-19 pandemic, which will have an ever greater impact on children as the most vulnerable group among the most disadvantaged, and that a total of at least EUR 20 billion is invested in the ECG in the period 2021-2027; urges that this be complemented by a comprehensive Anti-Poverty Strategy including measures ensuring decent and affordable housing and tackling homelessness; recalls that any strategy to eradicate child poverty must take into account the reality of single parenthood and families with large numbers of children, given that single-parent households and households with many children are among the vulnerable groups in society; also underlines that Member States should allocate at least 3 % of the ESF+ resources under shared management, in order to tackle food and material deprivation as well as supporting the social inclusion of the most deprived; |
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14.

Is concerned that in the context of the recovery from the COVID-19 outbreak, the need to tackle poverty, including child poverty, will become imminent in the coming years; underlines that Member States should allocate at least 5 % of the European Social Fund (ESF+) resources under shared management to support activities under the European Child Guarantee (ECG); stresses that it is essential that a separate budget of EUR 3 billion is created for the first year of its implementation, with the EU suffering the consequences of the COVID-19 pandemic, which will have an ever greater impact on children as the most vulnerable group among the most disadvantaged, and that a total of at least EUR 20 billion is invested in the ECG in the period 2021-2027; urges that this be complemented by a comprehensive Anti-Poverty Strategy including measures ensuring decent and affordable housing and tackling homelessness; recalls that any strategy to eradicate child poverty must take into account the reality of single parenthood and families with large numbers of children, given that single-parent households and households with many children are among the vulnerable groups in society; also underlines that Member States should allocate at least 3 % of the ESF+ resources under shared management, in order to tackle food and material deprivation as well as supporting the social inclusion of the most deprived;

| 15. | Highlights that the COVID-19 crisis has already left many people jobless, especially young people who find themselves more often in precarious employment; welcomes in this context the Commission’s plans to strengthen the European Youth Guarantee, and calls on the Commission and the Member States to make the fight against youth unemployment a priority; highlights that it is necessary that Member States continue to invest sufficient ESF+ resources in measures to support youth employment and that they must therefore allocate at least 15 % of their ESF+ resources under shared management to targeted actions and structural reforms to support quality youth employment; recalls the need for a binding, more effective and inclusive Youth Guarantee that provides remunerated traineeships, apprenticeships, and internships, for all groups of people not in education, employment or training (NEETs), within a clear quality criteria framework governing the Youth Guarantee; condemns the practice of unpaid internships when not related to the obtention of educational qualifications, as a form of exploitation of young workers and a violation of their rights; calls on the Commission to put forward a legal framework for an effective and enforceable ban on such unpaid internships, traineeships and apprenticeships; |
| --- | --- |

15.

Highlights that the COVID-19 crisis has already left many people jobless, especially young people who find themselves more often in precarious employment; welcomes in this context the Commission’s plans to strengthen the European Youth Guarantee, and calls on the Commission and the Member States to make the fight against youth unemployment a priority; highlights that it is necessary that Member States continue to invest sufficient ESF+ resources in measures to support youth employment and that they must therefore allocate at least 15 % of their ESF+ resources under shared management to targeted actions and structural reforms to support quality youth employment; recalls the need for a binding, more effective and inclusive Youth Guarantee that provides remunerated traineeships, apprenticeships, and internships, for all groups of people not in education, employment or training (NEETs), within a clear quality criteria framework governing the Youth Guarantee; condemns the practice of unpaid internships when not related to the obtention of educational qualifications, as a form of exploitation of young workers and a violation of their rights; calls on the Commission to put forward a legal framework for an effective and enforceable ban on such unpaid internships, traineeships and apprenticeships;

The Porto Agenda: targets and proposals

The Porto Agenda: targets and proposals

| 16. | Believes that the Porto Agenda, as a strong Social Europe agenda for sustainable development, should encompass economic, social and environmental wellbeing indicators and should cover the following areas: decent work, social justice and equal opportunities, robust social welfare systems and fair mobility; considers that, in order to achieve more tangible results, this new agenda should combine quantitative and qualitative targets and should be anchored in a rights-based approach; |
| --- | --- |

16.

Believes that the Porto Agenda, as a strong Social Europe agenda for sustainable development, should encompass economic, social and environmental wellbeing indicators and should cover the following areas: decent work, social justice and equal opportunities, robust social welfare systems and fair mobility; considers that, in order to achieve more tangible results, this new agenda should combine quantitative and qualitative targets and should be anchored in a rights-based approach;

| 17. | Calls on the Commission and the Member States to actively tackle the digital divide in access to public services, many of which have been digitalised during COVID-19, by ensuring EU financial support for social innovation at local level for making public services more easily accessible, including capacity-building and the scaling up of innovative bottom-up initiatives for e-inclusion and data literacy, so as to ensure that all citizens have access to high-quality, accessible and user-friendly services of general interest; |
| --- | --- |

17.

Calls on the Commission and the Member States to actively tackle the digital divide in access to public services, many of which have been digitalised during COVID-19, by ensuring EU financial support for social innovation at local level for making public services more easily accessible, including capacity-building and the scaling up of innovative bottom-up initiatives for e-inclusion and data literacy, so as to ensure that all citizens have access to high-quality, accessible and user-friendly services of general interest;

1.   
  Decent work and sustainable and inclusive labour markets

Decent work and sustainable and inclusive labour markets

| 18. | Notes that decent wages are a key element of fair working conditions and for a thriving social market economy, and that wage levels should enable workers to meet their needs and those of their families; believes that every worker in the EU should receive a wage which ensures at least a decent standard of living; believes that strengthened collective bargaining is the best way to promote decent wages within the EU; calls on the Commission to identify barriers to collective bargaining within the EU and takes note of the proposal for a directive on minimum wages and collective bargaining; underlines that this directive should contribute to eliminating in-work poverty and promote collective bargaining, in line with national traditions and with due respect for the autonomy of national social partners and well-functioning collective bargaining models; reiterates its call on the Commission to carry out a study on a living wage index, in order to estimate the cost of living and the approximate income needed to meet a household’s basic needs for each Member State and region, since this could serve as a reference tool for social partners; insists that statutory minimum wages are set at a level above a decency threshold, with the full involvement of social partners, as this contributes to eliminating in-work poverty, guaranteeing an income for every worker above the poverty level while taking into account the variations in costs of living within Member States; calls for a coordinated approach at EU level in order to achieve real wage growth, avoid the downward spiral of unhealthy labour cost competition, and increase upward social convergence for all; |
| --- | --- |

18.

Notes that decent wages are a key element of fair working conditions and for a thriving social market economy, and that wage levels should enable workers to meet their needs and those of their families; believes that every worker in the EU should receive a wage which ensures at least a decent standard of living; believes that strengthened collective bargaining is the best way to promote decent wages within the EU; calls on the Commission to identify barriers to collective bargaining within the EU and takes note of the proposal for a directive on minimum wages and collective bargaining; underlines that this directive should contribute to eliminating in-work poverty and promote collective bargaining, in line with national traditions and with due respect for the autonomy of national social partners and well-functioning collective bargaining models; reiterates its call on the Commission to carry out a study on a living wage index, in order to estimate the cost of living and the approximate income needed to meet a household’s basic needs for each Member State and region, since this could serve as a reference tool for social partners; insists that statutory minimum wages are set at a level above a decency threshold, with the full involvement of social partners, as this contributes to eliminating in-work poverty, guaranteeing an income for every worker above the poverty level while taking into account the variations in costs of living within Member States; calls for a coordinated approach at EU level in order to achieve real wage growth, avoid the downward spiral of unhealthy labour cost competition, and increase upward social convergence for all;

| 19. | Calls on the Commission and the Member States, together with social partners, to commit to reaching collective bargaining coverage of 90 % by 2030 in those national systems that combine statutory and social partners’ regulation of employment and working conditions; stresses that collective bargaining contributes to the social market economy, as aimed for in the Lisbon Treaty; reiterates that the European treaties, which explicitly protect the autonomy of social partners, and the self-regulatory systems in place in some Member States, must be protected in order for social partners to regulate autonomously, ensuring strong legitimacy and collective agreement coverage progress; calls on the Member States to remove any national legislation that hampers collective bargaining, including by ensuring trade unions’ access to workplaces for the purpose of organising; underlines that reforms in Member States should not negatively affect collective bargaining and that it needs to be promoted at sectoral level, including by supporting the capacity-building of social partners; urges the Commission and the Member States to fully involve social partners in European policymaking, including in the European Semester process; believes that the proposed targets would contribute to the eradication of in-work poverty and to ensuring fair wages for European workers; |
| --- | --- |

19.

Calls on the Commission and the Member States, together with social partners, to commit to reaching collective bargaining coverage of 90 % by 2030 in those national systems that combine statutory and social partners’ regulation of employment and working conditions; stresses that collective bargaining contributes to the social market economy, as aimed for in the Lisbon Treaty; reiterates that the European treaties, which explicitly protect the autonomy of social partners, and the self-regulatory systems in place in some Member States, must be protected in order for social partners to regulate autonomously, ensuring strong legitimacy and collective agreement coverage progress; calls on the Member States to remove any national legislation that hampers collective bargaining, including by ensuring trade unions’ access to workplaces for the purpose of organising; underlines that reforms in Member States should not negatively affect collective bargaining and that it needs to be promoted at sectoral level, including by supporting the capacity-building of social partners; urges the Commission and the Member States to fully involve social partners in European policymaking, including in the European Semester process; believes that the proposed targets would contribute to the eradication of in-work poverty and to ensuring fair wages for European workers;

| 20. | Calls on the Commission to revise the European public procurement directive in order to establish preferential treatment for companies complying with collective bargaining agreements; also calls on the Commission to strengthen the social clause and exclude from tenders companies which have engaged in criminal activities or union-busting or have refused to participate in collective bargaining, ensuring that public money is used to invest in those engaged in Just Transitions with the aim of promoting collective agreements and increasing trade union densities; considers furthermore that all EU financial support to undertakings should be made conditional on their compliance with the applicable working and employment conditions and/or employer obligations resulting from the relevant collective agreements; urges the Commission and the Member States to ensure that public service institutions, whether privately or publicly managed, provide decent working conditions for their staff, respecting in particular the freedom to negotiate and conclude collective sectoral or company-level agreements and the right to adequate wages; |
| --- | --- |

20.

Calls on the Commission to revise the European public procurement directive in order to establish preferential treatment for companies complying with collective bargaining agreements; also calls on the Commission to strengthen the social clause and exclude from tenders companies which have engaged in criminal activities or union-busting or have refused to participate in collective bargaining, ensuring that public money is used to invest in those engaged in Just Transitions with the aim of promoting collective agreements and increasing trade union densities; considers furthermore that all EU financial support to undertakings should be made conditional on their compliance with the applicable working and employment conditions and/or employer obligations resulting from the relevant collective agreements; urges the Commission and the Member States to ensure that public service institutions, whether privately or publicly managed, provide decent working conditions for their staff, respecting in particular the freedom to negotiate and conclude collective sectoral or company-level agreements and the right to adequate wages;

| 21. | Notes with great concern the high level of youth unemployment in a number of Member States and the fragility of young workers’ employment contracts, particularly in sectors seriously impacted by COVID-19; calls for a reinforced Youth Guarantee Instrument with the objective of reducing long-term and youth unemployment by at least 50 % by 2030, also including criteria for quality job creation in line with the Sustainable Development Goal 8 of the UN’s 2030 Agenda; believes it is time to make the Youth Guarantee both binding for all Member States and inclusive, including active outreach measures towards long-term NEETs and young persons from disadvantaged socio-economic backgrounds, such as young persons with disabilities and young Romani people; |
| --- | --- |

21.

Notes with great concern the high level of youth unemployment in a number of Member States and the fragility of young workers’ employment contracts, particularly in sectors seriously impacted by COVID-19; calls for a reinforced Youth Guarantee Instrument with the objective of reducing long-term and youth unemployment by at least 50 % by 2030, also including criteria for quality job creation in line with the Sustainable Development Goal 8 of the UN’s 2030 Agenda; believes it is time to make the Youth Guarantee both binding for all Member States and inclusive, including active outreach measures towards long-term NEETs and young persons from disadvantaged socio-economic backgrounds, such as young persons with disabilities and young Romani people;

| 22. | Stresses that a European agenda for quality jobs is not only a question of decency, but is also good for the economy as it improves productivity and boosts internal demand; considers that a quality job must include a living wage, job security and access to social protection, lifelong learning opportunities, good working conditions in safe and healthy workplaces, reasonable working time with a good work-life balance, and trade union representation and bargaining rights; calls on the Commission to include the overall objective of raising work quality at the European level in the Semester process and the Social Scoreboard, with a view to guiding and assessing the contribution of employment policies across Member States to the implementation of the SDGs and the EPSR; calls on the Member States to give the social and employment-related Country Specific Recommendations, especially those issued in the wake of the COVID-19 crisis, the same importance as they give to the economic and budgetary ones; |
| --- | --- |

22.

Stresses that a European agenda for quality jobs is not only a question of decency, but is also good for the economy as it improves productivity and boosts internal demand; considers that a quality job must include a living wage, job security and access to social protection, lifelong learning opportunities, good working conditions in safe and healthy workplaces, reasonable working time with a good work-life balance, and trade union representation and bargaining rights; calls on the Commission to include the overall objective of raising work quality at the European level in the Semester process and the Social Scoreboard, with a view to guiding and assessing the contribution of employment policies across Member States to the implementation of the SDGs and the EPSR; calls on the Member States to give the social and employment-related Country Specific Recommendations, especially those issued in the wake of the COVID-19 crisis, the same importance as they give to the economic and budgetary ones;

| 23. | Calls on the Commission and the Member States to ensure the revision of the EU Employment Guidelines no later than one year after their adoption in 2020, in order to take into account the COVID-19 crisis and its social and employment consequences, and to respond better to similar future crises; insists that, in order to strengthen democratic decision-making, the European Parliament must be involved in defining the Integrated Guidelines for Growth and Jobs, on an equal footing with the Council; calls on Eurofound to contribute to the measurement of job quality in different contractual and employment settings and to provide policy-relevant analyses to assist the improvement of job quality and make work sustainable; |
| --- | --- |

23.

Calls on the Commission and the Member States to ensure the revision of the EU Employment Guidelines no later than one year after their adoption in 2020, in order to take into account the COVID-19 crisis and its social and employment consequences, and to respond better to similar future crises; insists that, in order to strengthen democratic decision-making, the European Parliament must be involved in defining the Integrated Guidelines for Growth and Jobs, on an equal footing with the Council; calls on Eurofound to contribute to the measurement of job quality in different contractual and employment settings and to provide policy-relevant analyses to assist the improvement of job quality and make work sustainable;

| 24. | Is concerned about the increased number of workers in precarious and non-standard forms of employment, bogus self-employed and workers with zero-hour contracts, including in national public administrations; calls on the Commission and the Member States to work towards the objective of eliminating involuntary temporary and involuntary part-time employment by 2030 and towards the target of 80 % of jobs created being middle- or high-paying and concentrated in sustainable sectors; urges the Commission and the Member States to eliminate the practices of zero-hour contracts and bogus self-employment; |
| --- | --- |

24.

Is concerned about the increased number of workers in precarious and non-standard forms of employment, bogus self-employed and workers with zero-hour contracts, including in national public administrations; calls on the Commission and the Member States to work towards the objective of eliminating involuntary temporary and involuntary part-time employment by 2030 and towards the target of 80 % of jobs created being middle- or high-paying and concentrated in sustainable sectors; urges the Commission and the Member States to eliminate the practices of zero-hour contracts and bogus self-employment;

| 25. | Calls on the Member States to commit to eliminating work-related deaths and reducing work-related illnesses by 2030; urges the Commission to come up with a new Occupational Health and Safety strategy, tackling both physical and mental health of workers, in order to achieve this aim; believes that this strategy must include the revision of the health and safety framework directive in order to protect workers during emergency situations like pandemics, as well as ambitious legislative proposals on musculoskeletal and stress-related disorders, in cooperation with social partners; calls on the Commission to continue to update the Carcinogens and Mutagens Directive (CMD) and propose Binding Occupational Exposure Limit Values (BOELs) for a minimum of an additional 50 substances by 2024, and to include substances with damaging effects on the reproductive system in the Directive and introduce stricter limit values on harmful substances such as carcinogens and mutagens; stresses that the EU must follow up on the European Framework for Action on Mental Health; notes that one of the targets is also the prevention of cancer, as 40 % of cancers are considered to be preventable; calls on the Commission to present an ambitious Beating Cancer Plan to help reduce the suffering caused by this disease; calls for the role of the European Agency for Safety and Health at Work to be strengthened in order to promote healthy and safe workplaces across the Union and further develop initiatives to improve workplace prevention in all sectors of activity; |
| --- | --- |

25.

Calls on the Member States to commit to eliminating work-related deaths and reducing work-related illnesses by 2030; urges the Commission to come up with a new Occupational Health and Safety strategy, tackling both physical and mental health of workers, in order to achieve this aim; believes that this strategy must include the revision of the health and safety framework directive in order to protect workers during emergency situations like pandemics, as well as ambitious legislative proposals on musculoskeletal and stress-related disorders, in cooperation with social partners; calls on the Commission to continue to update the Carcinogens and Mutagens Directive (CMD) and propose Binding Occupational Exposure Limit Values (BOELs) for a minimum of an additional 50 substances by 2024, and to include substances with damaging effects on the reproductive system in the Directive and introduce stricter limit values on harmful substances such as carcinogens and mutagens; stresses that the EU must follow up on the European Framework for Action on Mental Health; notes that one of the targets is also the prevention of cancer, as 40 % of cancers are considered to be preventable; calls on the Commission to present an ambitious Beating Cancer Plan to help reduce the suffering caused by this disease; calls for the role of the European Agency for Safety and Health at Work to be strengthened in order to promote healthy and safe workplaces across the Union and further develop initiatives to improve workplace prevention in all sectors of activity;

| 26. | Calls on the Commission to present a strategic EU care agenda as a further step forward in qualitatively empowering the healthcare sector in the EU, including personal and household services workers; reiterates that the care agenda needs also to reflect the situation of the 100 million informal carers in the EU, who provide 80 % of long-term care but remain mostly unrecognised; calls on the Commission, in coordination with the Member States, to develop a regulatory framework that guarantees quality care services, including assessing new opportunities in the healthcare sector benefiting consumers and patients, while respecting the role of public and private institutions in the provision of services to citizens and ensuring decent working conditions for carers; |
| --- | --- |

26.

Calls on the Commission to present a strategic EU care agenda as a further step forward in qualitatively empowering the healthcare sector in the EU, including personal and household services workers; reiterates that the care agenda needs also to reflect the situation of the 100 million informal carers in the EU, who provide 80 % of long-term care but remain mostly unrecognised; calls on the Commission, in coordination with the Member States, to develop a regulatory framework that guarantees quality care services, including assessing new opportunities in the healthcare sector benefiting consumers and patients, while respecting the role of public and private institutions in the provision of services to citizens and ensuring decent working conditions for carers;

| 27. | Acknowledges that fair, socially sustainable work and real employee participation in shaping working conditions are more important than ever, in digital platforms as in all other sectors, and that workers must have democratic influence over the governance of work; underlines that the benefits of digitalisation must be shared broadly and equitably and that workers in the digital sector must enjoy the same rights and working conditions as those in other sectors; calls on the Commission to propose a directive on decent working conditions and rights in the digital economy, covering all workers, including non-standard workers on atypical contracts, workers in platform companies and the self-employed; calls on the Commission to ensure in this directive that platform businesses comply with the existing national and European legislation, to clarify the employment status of platform-based workers through the rebuttable assumption of an employment relationship and to safeguard their working conditions, social protection and health and safety, as well as their right to organise, to be represented by trade unions and to negotiate collective agreements, including for the self-employed; urges the Commission to come up with a targeted revision of EU competition law so as to allow collective price-setting for the precarious self-employed, in order to ensure a better balance in bargaining power and a fairer internal market; |
| --- | --- |

27.

Acknowledges that fair, socially sustainable work and real employee participation in shaping working conditions are more important than ever, in digital platforms as in all other sectors, and that workers must have democratic influence over the governance of work; underlines that the benefits of digitalisation must be shared broadly and equitably and that workers in the digital sector must enjoy the same rights and working conditions as those in other sectors; calls on the Commission to propose a directive on decent working conditions and rights in the digital economy, covering all workers, including non-standard workers on atypical contracts, workers in platform companies and the self-employed; calls on the Commission to ensure in this directive that platform businesses comply with the existing national and European legislation, to clarify the employment status of platform-based workers through the rebuttable assumption of an employment relationship and to safeguard their working conditions, social protection and health and safety, as well as their right to organise, to be represented by trade unions and to negotiate collective agreements, including for the self-employed; urges the Commission to come up with a targeted revision of EU competition law so as to allow collective price-setting for the precarious self-employed, in order to ensure a better balance in bargaining power and a fairer internal market;

| 28. | Stresses that the COVID-19 pandemic has underlined the importance of digital solutions, particularly teleworking; urges the Commission to present a directive on minimum standards and conditions for fair teleworking, to protect the health and safety of workers and to ensure decent working conditions, including its voluntary nature, respect for working hours, leave, work-life balance and other digital rights at work such as the right to disconnect, the protection of workers’ privacy, including through remote monitoring or any other tracking, and the prohibition of microchip implants on workers and of the use of artificial intelligence in recruitment processes, while taking into consideration the European Social Partners Framework Agreement on Digitalisation; |
| --- | --- |

28.

Stresses that the COVID-19 pandemic has underlined the importance of digital solutions, particularly teleworking; urges the Commission to present a directive on minimum standards and conditions for fair teleworking, to protect the health and safety of workers and to ensure decent working conditions, including its voluntary nature, respect for working hours, leave, work-life balance and other digital rights at work such as the right to disconnect, the protection of workers’ privacy, including through remote monitoring or any other tracking, and the prohibition of microchip implants on workers and of the use of artificial intelligence in recruitment processes, while taking into consideration the European Social Partners Framework Agreement on Digitalisation;

| 29. | Calls on the Commission to introduce a new framework directive on workers’ information, consultation and participation for European company forms, including subcontracting chains and franchises, and for companies that use European company mobility instruments, in order to establish minimum standards including on anticipation of change and restructuring, in particular at company level; also calls for a revision of the European Works Council (EWC) directive to ensure inter alia proper enforcement, access to justice and effective sanctions for violation of the rules and improve the functioning of the special negotiating body, including a transnational information and consultation process, to be properly conducted and completed before any decisions are taken; calls on the Commission to promote employee share ownership, as a tool to enhance the inclusion of workers by improving democracy at work, while reducing inequality as well as the risk of job losses during downturns; |
| --- | --- |

29.

Calls on the Commission to introduce a new framework directive on workers’ information, consultation and participation for European company forms, including subcontracting chains and franchises, and for companies that use European company mobility instruments, in order to establish minimum standards including on anticipation of change and restructuring, in particular at company level; also calls for a revision of the European Works Council (EWC) directive to ensure inter alia proper enforcement, access to justice and effective sanctions for violation of the rules and improve the functioning of the special negotiating body, including a transnational information and consultation process, to be properly conducted and completed before any decisions are taken; calls on the Commission to promote employee share ownership, as a tool to enhance the inclusion of workers by improving democracy at work, while reducing inequality as well as the risk of job losses during downturns;

| 30. | Calls on the Commission and the Member States to establish the necessary conditions and requirements in order to have at least 80 % of corporations covered by sustainable corporate governance agreements by 2030, establishing strategies agreed with workers in order to positively influence environmental, social and economic development through governance practices and market presence, improve directors’ accountability as regards integrating sustainability into corporate decision-making, and promote corporate governance practices that contribute to company sustainability, with reference inter alia to corporate reporting, board remuneration, maximum wage ratio difference, board composition and stakeholder involvement; |
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30.

Calls on the Commission and the Member States to establish the necessary conditions and requirements in order to have at least 80 % of corporations covered by sustainable corporate governance agreements by 2030, establishing strategies agreed with workers in order to positively influence environmental, social and economic development through governance practices and market presence, improve directors’ accountability as regards integrating sustainability into corporate decision-making, and promote corporate governance practices that contribute to company sustainability, with reference inter alia to corporate reporting, board remuneration, maximum wage ratio difference, board composition and stakeholder involvement;

| 31. | Calls for a directive on binding human rights, due diligence and responsible business conduct, including workers’ rights such as the right of association, the right to collective bargaining and the right to health and safety, social protection and good working conditions, establishing mandatory due diligence covering companies’ activities and their business relationships, including supply and subcontracting chains; stresses that this directive should ensure the full involvement of trade unions and workers’ representatives in the whole due diligence process and should guarantee the right to reach collective agreement at the relevant levels on the due diligence policies; underlines that both national labour inspectorates and the European Labour Authority (ELA) must be able to conduct joint inspections throughout the chain, open to filing complaints, and able to offer support for compliance, in relation to all EU companies and companies wanting to access the internal market; calls on the Commission to insist on the ratification of ILO Conventions 81 (labour inspection) and 129 (labour inspection in agricultural sector) by all trading partners of the EU; |
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31.

Calls for a directive on binding human rights, due diligence and responsible business conduct, including workers’ rights such as the right of association, the right to collective bargaining and the right to health and safety, social protection and good working conditions, establishing mandatory due diligence covering companies’ activities and their business relationships, including supply and subcontracting chains; stresses that this directive should ensure the full involvement of trade unions and workers’ representatives in the whole due diligence process and should guarantee the right to reach collective agreement at the relevant levels on the due diligence policies; underlines that both national labour inspectorates and the European Labour Authority (ELA) must be able to conduct joint inspections throughout the chain, open to filing complaints, and able to offer support for compliance, in relation to all EU companies and companies wanting to access the internal market; calls on the Commission to insist on the ratification of ILO Conventions 81 (labour inspection) and 129 (labour inspection in agricultural sector) by all trading partners of the EU;

| 32. | Encourages the Commission to take into account the specificity of social economy enterprises, which are proving to be very important for society during the pandemic, and to evaluate the development of specific programmes and financial instruments; calls on the Commission to update its framework for the establishment and development of cooperatives and social economy enterprises, which by their nature place a stronger emphasis on fair working conditions and empowerment of workers; |
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32.

Encourages the Commission to take into account the specificity of social economy enterprises, which are proving to be very important for society during the pandemic, and to evaluate the development of specific programmes and financial instruments; calls on the Commission to update its framework for the establishment and development of cooperatives and social economy enterprises, which by their nature place a stronger emphasis on fair working conditions and empowerment of workers;

| 33. | Underlines that effective enforcement is essential for the protection of workers and implementation of social rights; regrets that most Member States are falling behind on their commitment to the ILO Labour Inspection Convention with regard to the number of labour inspectors; insists that Member States increase their enforcement capacity so as to achieve a ratio of at least one labour inspector per 10 000 employed persons, by 2030 at the latest; |
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33.

Underlines that effective enforcement is essential for the protection of workers and implementation of social rights; regrets that most Member States are falling behind on their commitment to the ILO Labour Inspection Convention with regard to the number of labour inspectors; insists that Member States increase their enforcement capacity so as to achieve a ratio of at least one labour inspector per 10 000 employed persons, by 2030 at the latest;

2.   
  Social justice and equal opportunities

Social justice and equal opportunities

| 34. | Stresses that eradicating child poverty and ensuring wellbeing and equal opportunities for children must be among the highest priorities for Europe; calls on the Commission and the Member States to speed up the adoption and implementation of the European Child Guarantee so that by 2030 every child in the EU has full access to quality and free healthcare, education and childcare, is living in decent housing and receives adequate nutrition; notes that this policy must be integrated with other measures targeting poverty and family policy in order to lead to well-rounded policy cycles able to offer opportunities for social inclusion to children and their families, including national and local strategies to fight child poverty, taking into account the specific challenges faced by different groups of children in need at local level; |
| --- | --- |

34.

Stresses that eradicating child poverty and ensuring wellbeing and equal opportunities for children must be among the highest priorities for Europe; calls on the Commission and the Member States to speed up the adoption and implementation of the European Child Guarantee so that by 2030 every child in the EU has full access to quality and free healthcare, education and childcare, is living in decent housing and receives adequate nutrition; notes that this policy must be integrated with other measures targeting poverty and family policy in order to lead to well-rounded policy cycles able to offer opportunities for social inclusion to children and their families, including national and local strategies to fight child poverty, taking into account the specific challenges faced by different groups of children in need at local level;

| 35. | Condemns the use of the pandemic as a pretext for some governments to backslide on some of the fundamental rights of workers and women; recalls the inalienable right to access to healthcare, as well as the right to have self-determination over one’s own body; highlights, therefore, that reproductive healthcare, contraception and abortion rights must be guaranteed, including by an extension of the legal timeframe for an abortion; |
| --- | --- |

35.

Condemns the use of the pandemic as a pretext for some governments to backslide on some of the fundamental rights of workers and women; recalls the inalienable right to access to healthcare, as well as the right to have self-determination over one’s own body; highlights, therefore, that reproductive healthcare, contraception and abortion rights must be guaranteed, including by an extension of the legal timeframe for an abortion;

| 36. | Welcomes the Council conclusions on strengthening minimum income protection to combat poverty and social exclusion; invites the Commission to further develop on these conclusions, proposing a framework for minimum income schemes, with the purpose of safeguarding the right to a decent life and eradicating poverty and addressing the questions of adequacy and coverage, including a non-regression clause; underlines that every person in Europe should be covered by a minimum income scheme and that pensions should ensure an income above the poverty line; |
| --- | --- |

36.

Welcomes the Council conclusions on strengthening minimum income protection to combat poverty and social exclusion; invites the Commission to further develop on these conclusions, proposing a framework for minimum income schemes, with the purpose of safeguarding the right to a decent life and eradicating poverty and addressing the questions of adequacy and coverage, including a non-regression clause; underlines that every person in Europe should be covered by a minimum income scheme and that pensions should ensure an income above the poverty line;

| 37. | Calls on the Member States and the Commission to commit to eliminating the gender pay gap, which is currently 16 % — and the resulting pension gap — with a 0 % target for 2030, by championing the principle of equal pay for equal work for women and men; calls on the Commission to urgently present a legal framework on pay transparency, as originally promised for its first 100 days, including pay transparency reporting and information on pay levels; reiterates that the gender pension gap also results from inadequate pension schemes which do not appropriately take into account periods of maternity or parental leave; calls on the Commission and the Member States to take long-term measures to reduce the high unemployment rates among women and ensure women’s participation in the labour market, to ensure equal participation and opportunities for men and women in the labour market, and to introduce initiatives to promote women’s access to finance, female entrepreneurship and women’s financial independence; |
| --- | --- |

37.

Calls on the Member States and the Commission to commit to eliminating the gender pay gap, which is currently 16 % — and the resulting pension gap — with a 0 % target for 2030, by championing the principle of equal pay for equal work for women and men; calls on the Commission to urgently present a legal framework on pay transparency, as originally promised for its first 100 days, including pay transparency reporting and information on pay levels; reiterates that the gender pension gap also results from inadequate pension schemes which do not appropriately take into account periods of maternity or parental leave; calls on the Commission and the Member States to take long-term measures to reduce the high unemployment rates among women and ensure women’s participation in the labour market, to ensure equal participation and opportunities for men and women in the labour market, and to introduce initiatives to promote women’s access to finance, female entrepreneurship and women’s financial independence;

| 38. | Calls on the Commission to introduce concrete measures applying to both public and private sectors with due account taken of the specificities of small and medium-sized enterprises, such as the clear definition of criteria for assessing the value of work, gender-neutral job evaluation and classification systems, gender pay audits and reports to guarantee equal pay, workers’ entitlement to request full pay information and right to redress, and clear targets for companies’ equality performance; calls furthermore for improved access to justice and the introduction of stronger procedural rights to combat pay discrimination; calls on the Commission to promote the role of the social partners and of collective bargaining at all levels (national, sectoral, local and company) in the upcoming pay transparency legislation; calls on the Commission to include strong enforcement measures for those failing to comply, such as penalties and sanctions for employers that violate the right to pay equality; |
| --- | --- |

38.

Calls on the Commission to introduce concrete measures applying to both public and private sectors with due account taken of the specificities of small and medium-sized enterprises, such as the clear definition of criteria for assessing the value of work, gender-neutral job evaluation and classification systems, gender pay audits and reports to guarantee equal pay, workers’ entitlement to request full pay information and right to redress, and clear targets for companies’ equality performance; calls furthermore for improved access to justice and the introduction of stronger procedural rights to combat pay discrimination; calls on the Commission to promote the role of the social partners and of collective bargaining at all levels (national, sectoral, local and company) in the upcoming pay transparency legislation; calls on the Commission to include strong enforcement measures for those failing to comply, such as penalties and sanctions for employers that violate the right to pay equality;

| 39. | Calls on the Member States to unblock the Women on Boards directive and to adopt an ambitious position in Council in order to address the considerable imbalance between women and men in decision-making at the highest level; calls on the Commission and the Member States to commit to eliminating the glass ceiling effect on the boards of listed companies by introducing the objective of reaching at least 40 % representation of women in senior management positions; |
| --- | --- |

39.

Calls on the Member States to unblock the Women on Boards directive and to adopt an ambitious position in Council in order to address the considerable imbalance between women and men in decision-making at the highest level; calls on the Commission and the Member States to commit to eliminating the glass ceiling effect on the boards of listed companies by introducing the objective of reaching at least 40 % representation of women in senior management positions;

| 40. | Calls on the Commission to put forward a post-2020 European Disability Strategy covering all the provisions of the UNCRPD and containing ambitious, clear and measurable targets, planned actions with clear timeframes and dedicated resources, as well as being backed by an adequate and sufficiently resourced monitoring mechanism with clear benchmarks and indicators also emphasising the need to achieve full accessibility of goods and services, including the built environment, inclusive education and the labour market and to the use of artificial intelligence, in order to enable persons with disabilities to participate fully in society, as well as a commitment to the finalisation of the process of deinstitutionalisation of long-term care facilities; calls on the Member States to use resources available from the Cohesion Fund, the ERDF as well as the ESF in particular, in order to improve accessibility to public spaces for persons with special needs, including persons with disabilities, persons with children, and the elderly, who still encounter the problem of social exclusion; |
| --- | --- |

40.

Calls on the Commission to put forward a post-2020 European Disability Strategy covering all the provisions of the UNCRPD and containing ambitious, clear and measurable targets, planned actions with clear timeframes and dedicated resources, as well as being backed by an adequate and sufficiently resourced monitoring mechanism with clear benchmarks and indicators also emphasising the need to achieve full accessibility of goods and services, including the built environment, inclusive education and the labour market and to the use of artificial intelligence, in order to enable persons with disabilities to participate fully in society, as well as a commitment to the finalisation of the process of deinstitutionalisation of long-term care facilities; calls on the Member States to use resources available from the Cohesion Fund, the ERDF as well as the ESF in particular, in order to improve accessibility to public spaces for persons with special needs, including persons with disabilities, persons with children, and the elderly, who still encounter the problem of social exclusion;

| 41. | Urges that the gender perspective be incorporated into the upcoming 2021 strategy on disability and equality, with due attention being paid to improved access to the labour market through targeted measures and actions; |
| --- | --- |

41.

Urges that the gender perspective be incorporated into the upcoming 2021 strategy on disability and equality, with due attention being paid to improved access to the labour market through targeted measures and actions;

| 42. | Supports the promotion of inclusive and accessible education, including broadband internet access, and vocational and digital training, including for vulnerable groups and people with disabilities, in order to allow particularly low-skilled and older workers to retrain and learn new skills; supports the creation of EU-wide apprenticeship possibilities; calls on the Commission and the Member States to step up efforts towards the further inclusion of people with disabilities in the labour market by removing barriers using the opportunities that digital work offers for their inclusion and creating incentives for their employment; recalls that according to Eurofound, just one in three workers with limiting chronic and rare diseases have their workplaces suitably adapted; calls on the Commission and the Member States to continue their work of fostering the employment, maintenance at work and reintegration into the labour market of people with disabilities and chronic diseases in Europe; |
| --- | --- |

42.

Supports the promotion of inclusive and accessible education, including broadband internet access, and vocational and digital training, including for vulnerable groups and people with disabilities, in order to allow particularly low-skilled and older workers to retrain and learn new skills; supports the creation of EU-wide apprenticeship possibilities; calls on the Commission and the Member States to step up efforts towards the further inclusion of people with disabilities in the labour market by removing barriers using the opportunities that digital work offers for their inclusion and creating incentives for their employment; recalls that according to Eurofound, just one in three workers with limiting chronic and rare diseases have their workplaces suitably adapted; calls on the Commission and the Member States to continue their work of fostering the employment, maintenance at work and reintegration into the labour market of people with disabilities and chronic diseases in Europe;

| 43. | Welcomes the new EU skills agenda; highlights the importance of access to training and reskilling of workers in industries and sectors that need to undergo fundamental changes with a view to a green and digital transition; highlights that qualifications and certified competences provide added value to workers, improving their position in the labour market, and can be transferred in labour market transitions; calls for public policy on skills to be oriented to the certification and validation of qualifications and competences; stresses that skills-based compensation systems should be established in companies accessing public funds for upskilling workers and in agreement with workers’ representatives, as this system would ensure that there is a return on that public investment; stresses that the European skills strategy for sustainable competitiveness, social equity and resilience must guarantee the right to lifelong learning for all and in all areas; |
| --- | --- |

43.

Welcomes the new EU skills agenda; highlights the importance of access to training and reskilling of workers in industries and sectors that need to undergo fundamental changes with a view to a green and digital transition; highlights that qualifications and certified competences provide added value to workers, improving their position in the labour market, and can be transferred in labour market transitions; calls for public policy on skills to be oriented to the certification and validation of qualifications and competences; stresses that skills-based compensation systems should be established in companies accessing public funds for upskilling workers and in agreement with workers’ representatives, as this system would ensure that there is a return on that public investment; stresses that the European skills strategy for sustainable competitiveness, social equity and resilience must guarantee the right to lifelong learning for all and in all areas;

3.   
  Robust social welfare systems

Robust social welfare systems

| 44. | Notes that the current investment in social infrastructure in the EU has been estimated at approximately EUR 170 billion per year and that the Commission estimates the investment needed at EUR 192 billion, with health and long-term care accounting for 62 % of that investment (affordable housing, EUR 57 billion; health, EUR 70 billion; long-term care, EUR 50 billion; education and lifelong learning, EUR 15 billion); calls on the Commission and the Member States to dedicate to the implementation of the EPSR principles a proportion of the Recovery and Resilience Facility that is equivalent to the investments in environmental and digital priorities; insists that gender equality is taken into account in the allocation of RRF resources; |
| --- | --- |

44.

Notes that the current investment in social infrastructure in the EU has been estimated at approximately EUR 170 billion per year and that the Commission estimates the investment needed at EUR 192 billion, with health and long-term care accounting for 62 % of that investment (affordable housing, EUR 57 billion; health, EUR 70 billion; long-term care, EUR 50 billion; education and lifelong learning, EUR 15 billion); calls on the Commission and the Member States to dedicate to the implementation of the EPSR principles a proportion of the Recovery and Resilience Facility that is equivalent to the investments in environmental and digital priorities; insists that gender equality is taken into account in the allocation of RRF resources;

| 45. | Calls on the Commission to monitor the European strategy for gender equality 2020-2025, and invites the Member States to adopt national gender equality strategies based on the European strategy, as an important component of the socio-economic measures taken in the wake of the COVID-19 crisis; |
| --- | --- |

45.

Calls on the Commission to monitor the European strategy for gender equality 2020-2025, and invites the Member States to adopt national gender equality strategies based on the European strategy, as an important component of the socio-economic measures taken in the wake of the COVID-19 crisis;

| 46. | Stresses, moreover, the need for the Commission and the Member States to collect better and more harmonised data on the number of homeless people in Europe, as this constitutes the basis of any effective public policy; |
| --- | --- |

46.

Stresses, moreover, the need for the Commission and the Member States to collect better and more harmonised data on the number of homeless people in Europe, as this constitutes the basis of any effective public policy;

| 47. | Stresses that the EU and its Member States have an obligation to ensure universal access to decent, safe and affordable housing, in line with the UN’s Agenda 2030, in particular Goal 11 and in accordance with fundamental rights such as those defined in Articles 16, 30 and 31 of the European Social Charter and in the European Pillar of Social Rights; calls in that regard on all Member States to ratify the revised European Social Charter; highlights that investment in social, decent and affordable housing is crucial in order to guarantee and improve quality of life for all; calls on the Commission and the Member States to maximise efforts as regards investing in affordable housing to cover the housing needs of the low- and middle-income groups (the three bottom quintiles), ensuring that at least 30 % of all newly built houses constitute affordable housing for both of these income groups, and to eliminate energy poverty by 2030 through supporting energy efficiency investment by low-income households; calls on the Member States to prioritise renovation in their recovery and resilience plans; urges the Commission to come up with an ambitious action plan to progressively eradicate homelessness by 2030, including a European-wide ‘Housing First’ approach; calls on the Commission to propose an EU framework for national homelessness strategies; calls on the Commission and the Member States to ensure minimum standards for quality housing for cross-border and seasonal workers, which should be decoupled from their remuneration, as well as ensuring decent facilities, tenant privacy and written tenancy contracts enforced by labour inspectorates and establishing standards in this regard; |
| --- | --- |

47.

Stresses that the EU and its Member States have an obligation to ensure universal access to decent, safe and affordable housing, in line with the UN’s Agenda 2030, in particular Goal 11 and in accordance with fundamental rights such as those defined in Articles 16, 30 and 31 of the European Social Charter and in the European Pillar of Social Rights; calls in that regard on all Member States to ratify the revised European Social Charter; highlights that investment in social, decent and affordable housing is crucial in order to guarantee and improve quality of life for all; calls on the Commission and the Member States to maximise efforts as regards investing in affordable housing to cover the housing needs of the low- and middle-income groups (the three bottom quintiles), ensuring that at least 30 % of all newly built houses constitute affordable housing for both of these income groups, and to eliminate energy poverty by 2030 through supporting energy efficiency investment by low-income households; calls on the Member States to prioritise renovation in their recovery and resilience plans; urges the Commission to come up with an ambitious action plan to progressively eradicate homelessness by 2030, including a European-wide ‘Housing First’ approach; calls on the Commission to propose an EU framework for national homelessness strategies; calls on the Commission and the Member States to ensure minimum standards for quality housing for cross-border and seasonal workers, which should be decoupled from their remuneration, as well as ensuring decent facilities, tenant privacy and written tenancy contracts enforced by labour inspectorates and establishing standards in this regard;

| 48. | Insists that all workers are included in the social security system and entitled to unemployment benefits, paid sick leave, maternity, paternity and parental leave, accident insurance and protection against unfair dismissal; |
| --- | --- |

48.

Insists that all workers are included in the social security system and entitled to unemployment benefits, paid sick leave, maternity, paternity and parental leave, accident insurance and protection against unfair dismissal;

| 49. | Is concerned about the imbalances in healthcare quality and access across the EU that the COVID-19 crisis has laid bare; recalls that poorer people tend to live on average 6 years less than wealthier people and that persons with disabilities often face difficulties in accessing healthcare; highlights the need to address the social, economic and environmental determinants of health in order to tackle these health inequalities; calls on the Commission to develop common indicators and methodologies to monitor health, as well as the performance and accessibility of healthcare systems, with a view to reducing inequalities, identifying and prioritising areas in need of improvement and obtaining increased funding; calls on the Commission to analyse how the different national social welfare systems are covering social welfare needs during the current crisis, in order to identify strengths and weaknesses regarding access to and provision of services and social protection, and to ensure a mechanism for the monitoring and evaluation of social welfare systems in Europe, in order to verify their degree of resilience when they undergo shocks of different degrees of severity and study in what way they can be made more resilient and robust to resist future crises; |
| --- | --- |

49.

Is concerned about the imbalances in healthcare quality and access across the EU that the COVID-19 crisis has laid bare; recalls that poorer people tend to live on average 6 years less than wealthier people and that persons with disabilities often face difficulties in accessing healthcare; highlights the need to address the social, economic and environmental determinants of health in order to tackle these health inequalities; calls on the Commission to develop common indicators and methodologies to monitor health, as well as the performance and accessibility of healthcare systems, with a view to reducing inequalities, identifying and prioritising areas in need of improvement and obtaining increased funding; calls on the Commission to analyse how the different national social welfare systems are covering social welfare needs during the current crisis, in order to identify strengths and weaknesses regarding access to and provision of services and social protection, and to ensure a mechanism for the monitoring and evaluation of social welfare systems in Europe, in order to verify their degree of resilience when they undergo shocks of different degrees of severity and study in what way they can be made more resilient and robust to resist future crises;

| 50. | Highlights that universal access to public, solidarity-based and adequate retirement and old age pensions must be granted to all; acknowledges the challenges faced by Member States in strengthening the sustainability of pension systems, but stresses the importance of safeguarding solidarity in pension systems by strengthening the revenue side; underlines the importance of public and occupational pension systems which provide an adequate retirement income above the poverty threshold and allow pensioners to maintain their standard of living; believes that the best way to ensure sustainable, safe and adequate pensions for women and men is to increase the overall employment rate and provide more quality jobs across all ages, improve working and employment conditions, and commit the necessary public spending; believes that pension system reforms should focus among other aspects on the effective retirement age and reflect labour market trends, birth rates, the health and wealth situation, working conditions and the economic dependency ratio; considers that these reforms must also take account of the situation of millions of workers in Europe, particularly women, young people and the self-employed, who are being adversely affected by insecure, precarious employment, periods of involuntary unemployment and reduced working time; calls on the Commission and the Member States to take into account the particular situation of elderly workers on the labour market, and to intensify their efforts towards active and healthy ageing by counteracting discrimination against the elderly in employment and developing job market inclusion programmes for citizens aged over 55, with lifelong learning as a key priority; |
| --- | --- |

50.

Highlights that universal access to public, solidarity-based and adequate retirement and old age pensions must be granted to all; acknowledges the challenges faced by Member States in strengthening the sustainability of pension systems, but stresses the importance of safeguarding solidarity in pension systems by strengthening the revenue side; underlines the importance of public and occupational pension systems which provide an adequate retirement income above the poverty threshold and allow pensioners to maintain their standard of living; believes that the best way to ensure sustainable, safe and adequate pensions for women and men is to increase the overall employment rate and provide more quality jobs across all ages, improve working and employment conditions, and commit the necessary public spending; believes that pension system reforms should focus among other aspects on the effective retirement age and reflect labour market trends, birth rates, the health and wealth situation, working conditions and the economic dependency ratio; considers that these reforms must also take account of the situation of millions of workers in Europe, particularly women, young people and the self-employed, who are being adversely affected by insecure, precarious employment, periods of involuntary unemployment and reduced working time; calls on the Commission and the Member States to take into account the particular situation of elderly workers on the labour market, and to intensify their efforts towards active and healthy ageing by counteracting discrimination against the elderly in employment and developing job market inclusion programmes for citizens aged over 55, with lifelong learning as a key priority;

| 51. | Is concerned at the way the COVID-19 pandemic has further deepened the vulnerability, isolation, and risk of poverty and social exclusion of the elderly population; stresses that the pandemic has proven the need for a EU model which promotes and safeguards the dignity and fundamental rights of the elderly; calls on the Commission to present a plan to ensure the mental health, dignity and wellbeing of people, including the elderly, by supporting adequate quality healthcare and care services, investing in community-based services, health prevention and promotion, social protection, and decent and affordable housing and infrastructure, as well as supporting social economy projects including co-housing and cooperative housing, health and wellness programmes, adult day care and long-term care, and protecting the role and working conditions of caregivers, also fostering intergenerational solidarity; calls on the Member States to provide equal access to affordable, preventive and curative healthcare of good quality as enshrined in the European Pillar of Social Rights, including medical and care services and facilities which do not discriminate on grounds of age; |
| --- | --- |

51.

Is concerned at the way the COVID-19 pandemic has further deepened the vulnerability, isolation, and risk of poverty and social exclusion of the elderly population; stresses that the pandemic has proven the need for a EU model which promotes and safeguards the dignity and fundamental rights of the elderly; calls on the Commission to present a plan to ensure the mental health, dignity and wellbeing of people, including the elderly, by supporting adequate quality healthcare and care services, investing in community-based services, health prevention and promotion, social protection, and decent and affordable housing and infrastructure, as well as supporting social economy projects including co-housing and cooperative housing, health and wellness programmes, adult day care and long-term care, and protecting the role and working conditions of caregivers, also fostering intergenerational solidarity; calls on the Member States to provide equal access to affordable, preventive and curative healthcare of good quality as enshrined in the European Pillar of Social Rights, including medical and care services and facilities which do not discriminate on grounds of age;

| 52. | Welcomes the recent Commission report on the impact of demographic change on different groups in society and on areas and regions disproportionately affected in Europe; calls on the Commission and the Member States to commit more of the resources available under the ERDF to improving transport and telecommunications infrastructure in areas with a high ageing population, as well as primarily rural areas and areas suffering from depopulation; |
| --- | --- |

52.

Welcomes the recent Commission report on the impact of demographic change on different groups in society and on areas and regions disproportionately affected in Europe; calls on the Commission and the Member States to commit more of the resources available under the ERDF to improving transport and telecommunications infrastructure in areas with a high ageing population, as well as primarily rural areas and areas suffering from depopulation;

4.   
  Fair mobility

Fair mobility

| 53. | Calls on the Commission to revise the Temporary Work Agency (TWA) Directive in order to establish a legal framework to ensure decent working conditions and equal treatment for intra-EU seasonal workers and mobile workers on fixed-term contracts with temporary work agencies or any other type of labour market intermediary, including recruiting agencies; calls on Member States to strengthen enforcement and combat the practices of malicious temporary work agencies; stresses that this legal framework could include: a ban on labour market intermediaries who do not comply with the TWA Directive operating in the single market, a guaranteed minimum wage by collective agreement or by law, a guaranteed minimum number of hours per week/month that the employer cannot deduct under any heading from the minimum wage or wages laid down by collective agreement, no deductions from wages in the case of part-time contracts, guaranteed equal treatment for any person who, in the Member State concerned, is protected as a worker working in the same company/sector, a requirement that all temporary work agencies operating in the internal market are listed on a European register and are certified to operate in the single market, sanctions on companies using fraudulent recruitment practices and trafficking people for labour exploitation, and access to information on employment contracts and labour rights in a language that the worker can understand; calls on the Commission and Member States to end direct payments under the common agricultural policy to beneficiaries who do not comply with national and European labour law, ILO conventions and applicable collective bargaining agreements; |
| --- | --- |

53.

Calls on the Commission to revise the Temporary Work Agency (TWA) Directive in order to establish a legal framework to ensure decent working conditions and equal treatment for intra-EU seasonal workers and mobile workers on fixed-term contracts with temporary work agencies or any other type of labour market intermediary, including recruiting agencies; calls on Member States to strengthen enforcement and combat the practices of malicious temporary work agencies; stresses that this legal framework could include: a ban on labour market intermediaries who do not comply with the TWA Directive operating in the single market, a guaranteed minimum wage by collective agreement or by law, a guaranteed minimum number of hours per week/month that the employer cannot deduct under any heading from the minimum wage or wages laid down by collective agreement, no deductions from wages in the case of part-time contracts, guaranteed equal treatment for any person who, in the Member State concerned, is protected as a worker working in the same company/sector, a requirement that all temporary work agencies operating in the internal market are listed on a European register and are certified to operate in the single market, sanctions on companies using fraudulent recruitment practices and trafficking people for labour exploitation, and access to information on employment contracts and labour rights in a language that the worker can understand; calls on the Commission and Member States to end direct payments under the common agricultural policy to beneficiaries who do not comply with national and European labour law, ILO conventions and applicable collective bargaining agreements;

| 54. | Highlights that freedom of movement of workers in the EU is a fundamental freedom and an integral part of the internal market’s success; stresses that the free movement of services must be achieved without undermining workers’ rights and social rights; considers that the free movement of services goes hand in hand with the free and fair mobility of workers providing those services, and that the internal market benefits when the rules on working conditions are upheld and the health and safety of mobile workers is protected; notes that there are grey areas and legal loopholes with some workers exercising this freedom in precarious conditions and often through fraudulent recruitment agencies and labour market intermediaries; calls on the Commission and Member States to guarantee decent working conditions and equal treatment for all mobile workers in the EU; |
| --- | --- |

54.

Highlights that freedom of movement of workers in the EU is a fundamental freedom and an integral part of the internal market’s success; stresses that the free movement of services must be achieved without undermining workers’ rights and social rights; considers that the free movement of services goes hand in hand with the free and fair mobility of workers providing those services, and that the internal market benefits when the rules on working conditions are upheld and the health and safety of mobile workers is protected; notes that there are grey areas and legal loopholes with some workers exercising this freedom in precarious conditions and often through fraudulent recruitment agencies and labour market intermediaries; calls on the Commission and Member States to guarantee decent working conditions and equal treatment for all mobile workers in the EU;

| 55. | Calls for an EU approach to end labour cost competition and increase upward social convergence for all; calls on the Commission and the Member States to ensure fair and decent working conditions for mobile, cross-border, and seasonal workers in the EU and that they enjoy equal access to employment and opportunities in other Member States and equal levels of social protection as provided in Article 45.2 TFEU; calls for practices relating to posted workers also to be taken into account; urges the Member States to ensure adequate social security coordination, including through the revision of Regulation (EC) No 883/2004 on the coordination of social security systems (18) and strengthening the portability of rights; calls for further promotion of the digitalisation of social security systems; calls on the Member States and the Commission to ensure the protection of all affected workers in cases of transfers of undertakings, and to assess the need for a revision of the Directive on Transfer of Undertakings; |
| --- | --- |

55.

Calls for an EU approach to end labour cost competition and increase upward social convergence for all; calls on the Commission and the Member States to ensure fair and decent working conditions for mobile, cross-border, and seasonal workers in the EU and that they enjoy equal access to employment and opportunities in other Member States and equal levels of social protection as provided in Article 45.2 TFEU; calls for practices relating to posted workers also to be taken into account; urges the Member States to ensure adequate social security coordination, including through the revision of Regulation (EC) No 883/2004 on the coordination of social security systems (18

| 56. | Underlines that the practices of establishing subsidiaries or creating subcontracting chains with the aim of reducing social security, avoiding employers’ obligations and contributions without creating effective social insurance coverage in practice, are detrimental to both the protection of workers and the sustainability of welfare systems and have to be addressed by the Commission and the Member States; calls on the Commission and the Member States, with a view to fairness in the internal market, to take legislative measures to end abusive subcontracting, as well as to ensure general joint and several liability throughout the whole subcontracting chain in order to protect workers’ rights and their claims over issues such as wage arrears, non-payment of social contributions, bankruptcy, disappearances and ‘letterbox subcontractors’ who do not pay as agreed; |
| --- | --- |

56.

Underlines that the practices of establishing subsidiaries or creating subcontracting chains with the aim of reducing social security, avoiding employers’ obligations and contributions without creating effective social insurance coverage in practice, are detrimental to both the protection of workers and the sustainability of welfare systems and have to be addressed by the Commission and the Member States; calls on the Commission and the Member States, with a view to fairness in the internal market, to take legislative measures to end abusive subcontracting, as well as to ensure general joint and several liability throughout the whole subcontracting chain in order to protect workers’ rights and their claims over issues such as wage arrears, non-payment of social contributions, bankruptcy, disappearances and ‘letterbox subcontractors’ who do not pay as agreed;

| 57. | Calls on the Commission to strongly enforce the social clause of the existing EU public procurement directive and to examine the need to revise that directive in order to strengthen social clauses in public contracts, requiring economic operators and subcontractors to fully respect workers’ right to collective bargaining, and to set conditions for the full implementation of the applicable sectorial collective agreements and the working conditions described therein, while at the same time respecting national labour market traditions and models; calls for this revision to exempt all social and welfare services from the procurement obligations and establish a European exclusion mechanism to exclude primary contractors and subcontractors who repeatedly engage in unfair competition and tax fraud; calls on the Member States to ensure compliance, monitoring and enforcement; |
| --- | --- |

57.

Calls on the Commission to strongly enforce the social clause of the existing EU public procurement directive and to examine the need to revise that directive in order to strengthen social clauses in public contracts, requiring economic operators and subcontractors to fully respect workers’ right to collective bargaining, and to set conditions for the full implementation of the applicable sectorial collective agreements and the working conditions described therein, while at the same time respecting national labour market traditions and models; calls for this revision to exempt all social and welfare services from the procurement obligations and establish a European exclusion mechanism to exclude primary contractors and subcontractors who repeatedly engage in unfair competition and tax fraud; calls on the Member States to ensure compliance, monitoring and enforcement;

| 58. | Is concerned about the large amounts of tax revenue foregone due to large-scale tax avoidance; calls on the Council to speed up the negotiations on legislation regarding public country-by-country reporting and a common consolidated corporate tax base, and to revise the criteria for both the Code of Conduct Group for business taxation and the EU list of non-cooperative jurisdictions; |
| --- | --- |

58.

Is concerned about the large amounts of tax revenue foregone due to large-scale tax avoidance; calls on the Council to speed up the negotiations on legislation regarding public country-by-country reporting and a common consolidated corporate tax base, and to revise the criteria for both the Code of Conduct Group for business taxation and the EU list of non-cooperative jurisdictions;

| 59. | Welcomes the establishment of the European Labour Authority (ELA); calls for the ELA to be fully operational as soon as possible; calls on it to undertake the continuous exchange of information on best practices with the respective labour authorities of the Member States and enforcement of tentative inspections; stresses that in order for the ELA to be effective in combating illegal practices and the exploitation and abuse of workers, it should be facilitated to carry out controls and impose penalties on non-compliant companies; underlines that this also necessitates a broadened mandate of the Authority, covering EU legislative acts such as, for example, Directives 2008/104/EC (19), 2014/36/EU (20) and 2009/52/EC (21) of the European Parliament and of the Council, as well as the relevant legislation on occupational safety and health; believes the ELA and national inspectorates should be required to conduct a joint or concerted inspection when cases of abuse are brought to its attention by a national social partner; urges the Commission, therefore, to include these aspects in the evaluation of the ELA’s mandate foreseen for 2024 and to involve stakeholders with profound knowledge of different labour market models in the work and evaluations of the ELA; considers furthermore that the management of the ELA should follow the same tripartite structure as other agencies and thus allow for increased representation, including voting rights, of social partners in the Management Board; |
| --- | --- |

59.

Welcomes the establishment of the European Labour Authority (ELA); calls for the ELA to be fully operational as soon as possible; calls on it to undertake the continuous exchange of information on best practices with the respective labour authorities of the Member States and enforcement of tentative inspections; stresses that in order for the ELA to be effective in combating illegal practices and the exploitation and abuse of workers, it should be facilitated to carry out controls and impose penalties on non-compliant companies; underlines that this also necessitates a broadened mandate of the Authority, covering EU legislative acts such as, for example, Directives 2008/104/EC (19

20

21

| 60. | Invites the Commission to put forward, following a proper impact assessment, a proposal for a digital EU social security number, as it announced in 2018, in order to foster and protect workers’ mobility, also having the potential of establishing a control mechanism for both individuals and relevant authorities to ensure that workers are covered and social security is paid in accordance with obligations, such as a personal labour card, and that EU rules on labour mobility and social security coordination are enforced in a fair and effective way; believes moreover that workers and their representatives and inspectorates must have up-to-date access to information about their employers and their wage entitlements and labour and social rights, in accordance with the sectorial collective agreement or national legislation where applicable and in line with data protection criteria; |
| --- | --- |

60.

Invites the Commission to put forward, following a proper impact assessment, a proposal for a digital EU social security number, as it announced in 2018, in order to foster and protect workers’ mobility, also having the potential of establishing a control mechanism for both individuals and relevant authorities to ensure that workers are covered and social security is paid in accordance with obligations, such as a personal labour card, and that EU rules on labour mobility and social security coordination are enforced in a fair and effective way; believes moreover that workers and their representatives and inspectorates must have up-to-date access to information about their employers and their wage entitlements and labour and social rights, in accordance with the sectorial collective agreement or national legislation where applicable and in line with data protection criteria;

| 61. | Invites the Commission to study the possibilities of enabling third-country national workers to obtain work permits in the EU, under the precondition that all safeguards in national and EU labour law are effectively ensuring protection and decent working conditions for third-country nationals too and that this will not result in labour market distortions; asks the Commission to conduct an extensive investigation into the trends characterising posted third-country nationals with regard to their working conditions, and emphasises the need for possible policy measures at EU or national level based on the outcome of the investigation; is deeply concerned at the current increase in the share of third-country nationals in sectors with a reputation for precarious working conditions and cases of abuse; underlines that third-country nationals are often more vulnerable for exploitation and therefore need protection; highlights that this includes abusive practices such as bogus posting, bogus self-employment, fraudulent subcontracting and recruiting agencies, letter-box companies and undeclared work; calls on the Commission and the Member States to ensure compliance with applicable laws and rules on employment conditions when dealing with third-country nationals, in order to eliminate abuses, and calls on the Member States to implement the protective elements of Directive 2009/52/EC, ensuring accessible and effective complaint mechanisms making it possible to effectively claim back due wages and social security contributions; |
| --- | --- |

61.

Invites the Commission to study the possibilities of enabling third-country national workers to obtain work permits in the EU, under the precondition that all safeguards in national and EU labour law are effectively ensuring protection and decent working conditions for third-country nationals too and that this will not result in labour market distortions; asks the Commission to conduct an extensive investigation into the trends characterising posted third-country nationals with regard to their working conditions, and emphasises the need for possible policy measures at EU or national level based on the outcome of the investigation; is deeply concerned at the current increase in the share of third-country nationals in sectors with a reputation for precarious working conditions and cases of abuse; underlines that third-country nationals are often more vulnerable for exploitation and therefore need protection; highlights that this includes abusive practices such as bogus posting, bogus self-employment, fraudulent subcontracting and recruiting agencies, letter-box companies and undeclared work; calls on the Commission and the Member States to ensure compliance with applicable laws and rules on employment conditions when dealing with third-country nationals, in order to eliminate abuses, and calls on the Member States to implement the protective elements of Directive 2009/52/EC, ensuring accessible and effective complaint mechanisms making it possible to effectively claim back due wages and social security contributions;

o

o o

| 62. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

62.

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

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(1)  OJ L 303, 2.12.2000, p. 16.

1

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

2

(3)  OJ C 137 E, 27.5.2010, p. 68.

3

(4)  Texts adopted, P9_TA(2020)0176.

4

(5)  Texts adopted, P9_TA(2020)0194.

5

(6)  Texts adopted, P9_TA(2020)0180.

6

(7)  Texts adopted, P9_TA(2019)0033.

7

(8)  Texts adopted, P8_TA(2019)0337.

8

(9)  OJ L 185, 11.7.2019, p. 44.

9

(10)  Texts adopted, P8_TA(2019)0202.

10

(11)  OJ C 159, 10.5.2019, p. 1.

11

(12)  OJ C 97, 24.3.2020, p. 32.

12

(13)  https://ec.europa.eu/eurostat/documents/2995521/10163468/3-16102019-CP-EN.pdf/edc3178f-ae3e-9973-f147-b839ee522578

13

(14)  https://www.feantsa.org/public/user/Resources/resources/ Rapport_Europe_2020_GB.pdf

14

(15)  Eurofound (2018), Upward convergence in the EU: Concepts, measurements and indicators, Publications Office of the European Union, Luxembourg.

15

Eurofound (2017), Sixth European Working Conditions Survey — Overview report (2017 update), Publications Office of the European Union, Luxembourg.

(16)  Unemployment statistics: Eurostat, July 2020.

16

(17)  European Economic Forecast, Autumn 2020, European Commission, https://ec.europa.eu/info/sites/info/files/economy-finance/ip136_en.pdf

17

(18)  OJ L 166, 30.4.2004, p. 1.

18

(19)  Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).

19

(20)  Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers (OJ L 94, 28.3.2014, p. 375).

20

(21)  Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24).

21

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/94 |
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29.10.2021

EN

Official Journal of the European Union

C 445/94

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P9_TA(2020)0372

Sustainable corporate governance

European Parliament resolution of 17 December 2020 on sustainable corporate governance (2020/2137(INI))

(2021/C 445/12)

The European Parliament,

| — | having regard to the 2011 UN Guiding Principles on Business and Human Rights (UNGPs) (1), |
| --- | --- |

—

having regard to the 2011 UN Guiding Principles on Business and Human Rights (UNGPs) (1),

| — | having regard to the UN Sustainable Development Goals (2), |
| --- | --- |

—

having regard to the UN Sustainable Development Goals (2),

| — | having regard to the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises (3), |
| --- | --- |

—

having regard to the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises (3),

| — | having regard to the OECD Due Diligence Guidance for Responsible Business Conduct (4) and for Responsible Business Conduct for Institutional Investors (5), |
| --- | --- |

—

having regard to the OECD Due Diligence Guidance for Responsible Business Conduct (4) and for Responsible Business Conduct for Institutional Investors (5),

| — | having regard to the International Labour Organization (ILO) Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (6), |
| --- | --- |

—

having regard to the International Labour Organization (ILO) Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (6),

| — | having regard to the Paris Agreement, adopted on 12 December 2015 (7), |
| --- | --- |

—

having regard to the Paris Agreement, adopted on 12 December 2015 (7),

| — | having regard to the Intergovernmental Panel on Climate Change (IPCC) 2018 Special Report on Global Warming of 1,5 oC (8), |
| --- | --- |

—

having regard to the Intergovernmental Panel on Climate Change (IPCC) 2018 Special Report on Global Warming of 1,5 oC (8),

| — | having regard to the Commission proposal for a regulation of the European Parliament and of the Council of 4 March 2020 establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law) (COM(2020)0080), |
| --- | --- |

—

having regard to the Commission proposal for a regulation of the European Parliament and of the Council of 4 March 2020 establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law) (COM(2020)0080),

| — | having regard to Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (9), |
| --- | --- |

—

having regard to Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (9),

| — | having regard to the EU Action Plan: Financing Sustainable Growth (COM(2018)0097), |
| --- | --- |

—

having regard to the EU Action Plan: Financing Sustainable Growth (COM(2018)0097),

| — | having regard to the European Green Deal (COM(2019)0640), |
| --- | --- |

—

having regard to the European Green Deal (COM(2019)0640),

| — | having regard to the adjusted Commission Work Programme for 2020 (COM(2020)0440), |
| --- | --- |

—

having regard to the adjusted Commission Work Programme for 2020 (COM(2020)0440),

| — | having regard to Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (10) (‘the Accounting Directive’), |
| --- | --- |

—

having regard to Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (10) (‘the Accounting Directive’),

| — | having regard to Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups (11) (‘the Non-Financial Reporting Directive’ — NFRD), |
| --- | --- |

—

having regard to Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups (11) (‘the Non-Financial Reporting Directive’ — NFRD),

| — | having regard to Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (12), |
| --- | --- |

—

having regard to Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (12),

| — | having regard to Directive (EU) 2017/828 of the European Parliament and of the Council of 17 May 2017 amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement (13) (‘the Shareholders’ Rights Directive’), |
| --- | --- |

—

having regard to Directive (EU) 2017/828 of the European Parliament and of the Council of 17 May 2017 amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement (13) (‘the Shareholders’ Rights Directive’),

| — | having regard to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (14), |
| --- | --- |

—

having regard to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (14),

| — | having regard to Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability-related disclosures in the financial services sector (15) (‘the Disclosure Regulation’), |
| --- | --- |

—

having regard to Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability-related disclosures in the financial services sector (15) (‘the Disclosure Regulation’),

| — | having regard to Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (16) (‘the Taxonomy Regulation’), |
| --- | --- |

—

having regard to Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (16) (‘the Taxonomy Regulation’),

| — | having regard to the Commission Guidelines on non-financial reporting (methodology for reporting non-financial information) (17) and to the Commission Guidelines on non-financial reporting: Supplement on reporting climate-related information (18), |
| --- | --- |

—

having regard to the Commission Guidelines on non-financial reporting (methodology for reporting non-financial information) (17) and to the Commission Guidelines on non-financial reporting: Supplement on reporting climate-related information (18),

| — | having regard to the Final Report of the High Level Forum on the Capital Markets Union entitled ‘A new vision for Europe’s capital markets’ (19), |
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—

having regard to the Final Report of the High Level Forum on the Capital Markets Union entitled ‘A new vision for Europe’s capital markets’ (19),

| — | having regard to the study drawn up for the Commission in July 2020 on directors’ duties and sustainable corporate governance, |
| --- | --- |

—

having regard to the study drawn up for the Commission in July 2020 on directors’ duties and sustainable corporate governance,

| — | having regard to the UN’s Protect, Respect and Remedy Framework for Business and Human Rights of 2008 (20), |
| --- | --- |

—

having regard to the UN’s Protect, Respect and Remedy Framework for Business and Human Rights of 2008 (20),

| — | having regard to the study drawn up for the Commission in May 2020 entitled ‘Improving financial security in the context of the Environmental Liability Directive’ (21), |
| --- | --- |

—

having regard to the study drawn up for the Commission in May 2020 entitled ‘Improving financial security in the context of the Environmental Liability Directive’ (21),

| — | having regard to the Oslo Principles on Global Obligations to Reduce Climate Change (22), |
| --- | --- |

—

having regard to the Oslo Principles on Global Obligations to Reduce Climate Change (22),

| — | having regard to the recommendations of the Task Force on Climate-related Financial Disclosures of June 2017, |
| --- | --- |

—

having regard to the recommendations of the Task Force on Climate-related Financial Disclosures of June 2017,

| — | having regard to Rule 54 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 54 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on International Trade and the Committee on the Environment, Public Health and Food Safety, |
| --- | --- |

—

having regard to the opinions of the Committee on International Trade and the Committee on the Environment, Public Health and Food Safety,

| — | having regard to the report of the Committee on Legal Affairs (A9-0240/2020), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A9-0240/2020),

| A. | whereas the European Union is founded on the values stated in Article 2 of the Treaty on the European Union and whereas its environmental policy is based on the precautionary principle, as stated in Article 191(2) of the Treaty on the Functioning of the European Union; |
| --- | --- |

A.

whereas the European Union is founded on the values stated in Article 2 of the Treaty on the European Union and whereas its environmental policy is based on the precautionary principle, as stated in Article 191(2) of the Treaty on the Functioning of the European Union;

| B. | whereas in a corporate context, a sustainability approach implies that companies take due consideration of general societal and environmental concerns, such as the rights of their employees and respect for planetary boundaries, in order to address the most pressing risks posed to these by their activities; |
| --- | --- |

B.

whereas in a corporate context, a sustainability approach implies that companies take due consideration of general societal and environmental concerns, such as the rights of their employees and respect for planetary boundaries, in order to address the most pressing risks posed to these by their activities;

| C. | whereas the multiple international initiatives promoting sustainable corporate governance are voluntary, instruments of soft law only and have largely proven to be ineffective in changing corporate behaviour towards sustainability; whereas the study drawn up for the Commission on directors’ duties and sustainable corporate governance pursuant to the Sustainable Finance Action Plan underlines the benefits of clarifying directors’ obligations vis-à-vis sustainability and long-term considerations; highlights the problems associated with short-termism and recalls the need for companies to incorporate long-term interests to keep the EU on track to meeting its own sustainability commitments; whereas the study clearly points to the need for the adoption of EU legislation in this regard; |
| --- | --- |

C.

whereas the multiple international initiatives promoting sustainable corporate governance are voluntary, instruments of soft law only and have largely proven to be ineffective in changing corporate behaviour towards sustainability; whereas the study drawn up for the Commission on directors’ duties and sustainable corporate governance pursuant to the Sustainable Finance Action Plan underlines the benefits of clarifying directors’ obligations vis-à-vis sustainability and long-term considerations; highlights the problems associated with short-termism and recalls the need for companies to incorporate long-term interests to keep the EU on track to meeting its own sustainability commitments; whereas the study clearly points to the need for the adoption of EU legislation in this regard;

| D. | whereas during the last legislative term, the EU undertook a number of initiatives in an effort to foster transparency and long-termism in financial and economic activities, such as the Shareholders’ Rights Directive, the Action Plan for Financing Sustainable Growth, the Disclosure Regulation and the Taxonomy Regulation; whereas this trend had started, inter alia, with the adoption of the Non-Financial Reporting Directive (NFRD); whereas the disclosure of non-financial information is necessary to measure, monitor and manage undertakings’ performances and their long-term impact on society and the environment; |
| --- | --- |

D.

whereas during the last legislative term, the EU undertook a number of initiatives in an effort to foster transparency and long-termism in financial and economic activities, such as the Shareholders’ Rights Directive, the Action Plan for Financing Sustainable Growth, the Disclosure Regulation and the Taxonomy Regulation; whereas this trend had started, inter alia, with the adoption of the Non-Financial Reporting Directive (NFRD); whereas the disclosure of non-financial information is necessary to measure, monitor and manage undertakings’ performances and their long-term impact on society and the environment;

| E. | whereas the NFRD is intertwined with sustainable corporate governance and has been a significant step forward in promoting non-financial reporting in the EU; whereas it nonetheless presents serious shortcomings that need to be addressed in order to make it more useful to investors and stakeholders; |
| --- | --- |

E.

whereas the NFRD is intertwined with sustainable corporate governance and has been a significant step forward in promoting non-financial reporting in the EU; whereas it nonetheless presents serious shortcomings that need to be addressed in order to make it more useful to investors and stakeholders;

| F. | whereas according to the European Green Deal, companies and financial institutions need to step up their disclosure of climate and environmental data so that investors are fully informed about the sustainability of their investments; whereas the Commission has committed to reviewing the NFRD to this end; whereas according to its adjusted Work Programme for 2020, the Commission intends to put forward a proposal reviewing the NFRD in the first trimester of 2021; |
| --- | --- |

F.

whereas according to the European Green Deal, companies and financial institutions need to step up their disclosure of climate and environmental data so that investors are fully informed about the sustainability of their investments; whereas the Commission has committed to reviewing the NFRD to this end; whereas according to its adjusted Work Programme for 2020, the Commission intends to put forward a proposal reviewing the NFRD in the first trimester of 2021;

| G. | whereas stakeholders have often expressed the view that the non-financial information provided by companies pursuant to the NFRD is insufficient, unreliable and not comparable; whereas those tasked with preparing this information have expressed confusion at the plethora of voluntary reporting frameworks and have called for legal clarification and standardisation; whereas the disclosure of more complete and reliable information is necessary in order to reduce any potential adverse impacts on the climate, environment and society; whereas improvements in non-financial reporting could increase companies’ accountability and enhance trust in them; whereas these improvements should not create unfair competitive imbalances; whereas disclosure obligations should therefore take into account administrative costs and should be proportionate to the size of the company and consistent with other legislation applicable to business activities, such as the respect for trade secrets and the protection of whistleblowers; |
| --- | --- |

G.

whereas stakeholders have often expressed the view that the non-financial information provided by companies pursuant to the NFRD is insufficient, unreliable and not comparable; whereas those tasked with preparing this information have expressed confusion at the plethora of voluntary reporting frameworks and have called for legal clarification and standardisation; whereas the disclosure of more complete and reliable information is necessary in order to reduce any potential adverse impacts on the climate, environment and society; whereas improvements in non-financial reporting could increase companies’ accountability and enhance trust in them; whereas these improvements should not create unfair competitive imbalances; whereas disclosure obligations should therefore take into account administrative costs and should be proportionate to the size of the company and consistent with other legislation applicable to business activities, such as the respect for trade secrets and the protection of whistleblowers;

| H. | whereas the study drawn up for the Commission on directors’ duties and sustainable corporate governance demonstrates the increasing tendency of publicly listed companies in the EU to focus on the short-term interests of their shareholders; whereas the study proposes several legislative options at EU level that would significantly improve corporate sustainability; whereas there is a need to adopt a legislative framework for European companies, while fully respecting the principle of proportionality and avoiding an excessive administrative burden for European companies; whereas this framework must ensure compliance with and improve legal certainty in the internal market and should not create competitive disadvantages; |
| --- | --- |

H.

whereas the study drawn up for the Commission on directors’ duties and sustainable corporate governance demonstrates the increasing tendency of publicly listed companies in the EU to focus on the short-term interests of their shareholders; whereas the study proposes several legislative options at EU level that would significantly improve corporate sustainability; whereas there is a need to adopt a legislative framework for European companies, while fully respecting the principle of proportionality and avoiding an excessive administrative burden for European companies; whereas this framework must ensure compliance with and improve legal certainty in the internal market and should not create competitive disadvantages;

| I. | whereas a sustainability approach to corporate governance comprises both human rights and environmental protection; whereas a legal requirement to disclose information related to environmental, social and employee issues and human rights, bribery and corruption should be considered an aspect of the ‘corporate responsibility to respect’ as defined in the UN Guiding Principles on Business and Human Rights; |
| --- | --- |

I.

whereas a sustainability approach to corporate governance comprises both human rights and environmental protection; whereas a legal requirement to disclose information related to environmental, social and employee issues and human rights, bribery and corruption should be considered an aspect of the ‘corporate responsibility to respect’ as defined in the UN Guiding Principles on Business and Human Rights;

| J. | whereas the Paris Agreement aims to contain the rise in the average temperature of the planet well below 2 oC above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 oC above pre-industrial levels; |
| --- | --- |

J.

whereas the Paris Agreement aims to contain the rise in the average temperature of the planet well below 2 oC above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 oC above pre-industrial levels;

| K. | whereas the growing global competition for access to natural resources often results in unsustainable corporate exploitation of the natural and human environment; |
| --- | --- |

K.

whereas the growing global competition for access to natural resources often results in unsustainable corporate exploitation of the natural and human environment;

| L. | whereas corporate governance has a key role to play in delivering the EU’s commitments to implement the UN Sustainable Development Goals and the Paris Agreement; |
| --- | --- |

L.

whereas corporate governance has a key role to play in delivering the EU’s commitments to implement the UN Sustainable Development Goals and the Paris Agreement;

| M. | whereas climate change poses serious risks to food security, namely to the availability, accessibility and utilisation of food and the stability of food systems; whereas women farmers currently account for 45-80 % of all food production in developing countries, which are disproportionately affected by climate change and environmental degradation; |
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M.

whereas climate change poses serious risks to food security, namely to the availability, accessibility and utilisation of food and the stability of food systems; whereas women farmers currently account for 45-80 % of all food production in developing countries, which are disproportionately affected by climate change and environmental degradation;

| N. | whereas the Aarhus Convention establishes a number of environmental rights for the public and for associations, including the right to access environmental information, the right to participate in environmental decision-making and access to justice; |
| --- | --- |

N.

whereas the Aarhus Convention establishes a number of environmental rights for the public and for associations, including the right to access environmental information, the right to participate in environmental decision-making and access to justice;

| O. | whereas in 2017 the UN Aarhus Convention Compliance Committee found the EU in violation of the Aarhus Convention for not allowing members of the public to challenge decisions of the EU institutions before the EU courts; |
| --- | --- |

O.

whereas in 2017 the UN Aarhus Convention Compliance Committee found the EU in violation of the Aarhus Convention for not allowing members of the public to challenge decisions of the EU institutions before the EU courts;

| P. | whereas the Commission has raised ambitions for the 2019-2024 period by setting out an agenda for the European Green Deal, affirming that ‘Europe must lead the transition to a healthy planet’; |
| --- | --- |

P.

whereas the Commission has raised ambitions for the 2019-2024 period by setting out an agenda for the European Green Deal, affirming that ‘Europe must lead the transition to a healthy planet’;

| Q. | whereas company directors have the legal and statutory duty to act in the interest of their company; whereas this duty has been the subject of different interpretations in different jurisdictions and the interest of the company has often been equated with the financial interests of the shareholder; whereas what is considered to be the interest of the company should also incorporate the interests of relevant stakeholders, including employees, and wider societal interests; whereas a narrow interpretation of this duty with an excessive focus on short-term profit maximisation is detrimental to the company’s long-term performance and sustainability, and hence the long-term interests of its shareholders; |
| --- | --- |

Q.

whereas company directors have the legal and statutory duty to act in the interest of their company; whereas this duty has been the subject of different interpretations in different jurisdictions and the interest of the company has often been equated with the financial interests of the shareholder; whereas what is considered to be the interest of the company should also incorporate the interests of relevant stakeholders, including employees, and wider societal interests; whereas a narrow interpretation of this duty with an excessive focus on short-term profit maximisation is detrimental to the company’s long-term performance and sustainability, and hence the long-term interests of its shareholders;

| R. | whereas the consistency of EU legislation on sustainable corporate governance should be achieved through the establishment of concrete obligations and incentives to act and not only to report information; whereas an additional framework defining company boards’ duties in terms of sustainability is therefore necessary; |
| --- | --- |

R.

whereas the consistency of EU legislation on sustainable corporate governance should be achieved through the establishment of concrete obligations and incentives to act and not only to report information; whereas an additional framework defining company boards’ duties in terms of sustainability is therefore necessary;

| S. | whereas in order to make corporate governance in the EU more sustainable, transparent and accountable, the Commission should, in addition to the proposals to review the NFRD, introduce new legislation on due diligence and directors’ duties; whereas if due diligence obligations and directors’ duties are to be covered by a single legislative instrument, they should be clearly separated in two different parts; whereas those obligations and duties are complementary but not interchangeable, nor is one subordinate to the other; |
| --- | --- |

S.

whereas in order to make corporate governance in the EU more sustainable, transparent and accountable, the Commission should, in addition to the proposals to review the NFRD, introduce new legislation on due diligence and directors’ duties; whereas if due diligence obligations and directors’ duties are to be covered by a single legislative instrument, they should be clearly separated in two different parts; whereas those obligations and duties are complementary but not interchangeable, nor is one subordinate to the other;

Non-financial reporting obligations

| 1. | Calls on the Commission, when proposing new action in the field of company law and corporate governance, to strike the proper balance between, on the one hand, the need to ease short-term pressure on corporate directors and promoting the integration of sustainability concerns into corporate decision-making, and, on the other hand, the need for sufficient flexibility, while ensuring harmonisation; stresses the importance of strengthening the role of directors in pursuing the long-term interests of companies in future action at EU level and of engendering a culture within companies’ governing bodies that takes into account and implements sustainable corporate governance; |
| --- | --- |

1.

| 2. | Welcomes the Commission’s commitment to reviewing the NFRD; highlights that such revision should be fully consistent with the requirements imposed by the Disclosure Regulation and the Taxonomy Regulation; calls on the Commission to take into account the recommendations included in this resolution; |
| --- | --- |

2.

| 3. | Reiterates its call for an enlargement of the scope of the NFRD to cover all listed and non-listed large undertakings established in EU territory, as defined in Article 3(4) of the Accounting Directive; stresses that in order to provide a level playing field, non-financial reporting obligations should also apply to non-EU companies operating in the EU market; invites the Commission to identify high-risk sectors of economic activity with a significant impact on sustainability matters that could justify the inclusion of small and medium-sized enterprises (SMEs) in those sectors within the scope of the NFRD; considers, to this end, that the Commission should draw on external independent expertise to provide an indicative, non-exhaustive and regularly updated list of conflict-affected and high-risk areas as well as specific guidance for SMEs; considers, in particular, that investments and sectors often linked to illegal business activities, such as environmental crimes, illegal wildlife trade, corruption or financial crime, should be specifically targeted; stresses that a review of the NFRD is also needed to give financial market participants access to the relevant data in order to carry out the obligations of the Disclosure Regulation; |
| --- | --- |

3.

| 4. | Emphasises that sustainable corporate governance constitutes an important pillar, which allows the EU to achieve an economy that is both resilient and sustainable, to enhance the level playing field in order to maintain and boost EU companies’ international competitiveness and protect EU workers and businesses from unfair competition from third countries, and can therefore be beneficial to EU trade and investment policy, if it is adequately measured and proportionate; |
| --- | --- |

4.

| 5. | Notes that the COVID-19 pandemic has exposed the vulnerabilities of global supply chains, and has shown that the voluntary rules alone are not enough, as witnessed, for instance in the garment sector where production was disrupted during the crisis, leading to negative effects throughout the supply chain; notes that businesses with better defined environmental, social and governance practices and risk mitigation processes are weathering the crisis better; recognises that OECD has stated (23) that companies taking proactive steps to address the risks related to the COVID-19 crisis in a way that mitigates adverse impacts on workers and supply chains are likely to build more long-term value and resilience and to improve their viability in the short term and their prospects for recovery in the medium to long term; |
| --- | --- |

5.

| 6. | Notes that the Taxonomy Regulation establishes a series of environmental objectives, namely on climate change, the use and protection of water and marine resources, the transition to a circular economy, pollution prevention and control, and on biodiversity and ecosystems; considers that the concept of environmental matters in the NFRD should be interpreted in line with the Taxonomy Regulation and include all forms of pollution; invites the Commission to take the recommendations of the Task Force on Climate-related Financial Disclosures into account and promote the development of innovative accounting techniques that reflect the value of ecosystems; considers it equally important to define with precision the other sustainability matters to which the NFRD refers, such as the concepts of social and employee matters, respect for human rights, and anti-corruption and bribery; believes that employee matters could encompass the disclosure of companies’ salary policies, which could include showing wages by decile and gender pay gaps; |
| --- | --- |

6.

| 7. | Considers that sustainable corporate governance is key to the long-term direction of undertakings to align their activities to the achievement of the EU’s overall environmental objectives as laid down in the European Green Deal, as well as the EU’s commitment to reduce its greenhouse gas emissions as it moves towards the 2050 climate neutrality target; underlines that all sectors should contribute to reaching that target; |
| --- | --- |

7.

| 8. | Considers that the definition of materiality should refer to any relevant environmental, human rights and governance impacts on society as a whole, beyond value creation and matters relating to the pure financial performance of companies; calls for this definition to be revised in line with the double materiality principle introduced by the NFRD and further explained in the Commission Guidelines on reporting climate-related information; considers that materiality should be assessed in a process involving relevant stakeholders; |
| --- | --- |

8.

| 9. | Observes that the NFRD gives companies within its scope significant flexibility to disclose relevant information in the way they consider most useful; notes that companies may currently rely, at their discretion, on a number of different frameworks; observes that they are still uncertain about how best to comply with their disclosure obligations; considers it necessary to set up a comprehensive EU framework, with due regard for the principle of proportionality, to cover the full gamut of sustainability issues relevant to comprehensive non-financial reporting; highlights, in this regard, that the EU legislative framework should ensure that the disclosures are clear, balanced, understandable, comparable among companies within a sector, verifiable and objective, and include time-bound sustainability targets; stresses that this framework should also include mandatory standards, both general and sector-specific; welcomes, in this regard, the Commission’s commitment to supporting a process to develop EU non-financial reporting standards; stresses that specific mandatory reporting obligations and standards should be set in the NFRD review, with the appropriate involvement of all stakeholders concerned, such as civil society, environmental organisations and social partners; |
| --- | --- |

9.

| 10. | Considers that non-financial statements should be set out in the annual management report in order to avoid additional burdens for companies; welcomes the commitment undertaken by the Commission in its Capital Markets Union Action Plan (COM(2020)0590) to putting forward a legislative proposal by the third quarter of 2021 for a publicly accessible, EU-wide online digital platform that provides free access to both the financial and non-financial information reported by companies; considers that this platform should allow users to compare the data disclosed by companies, by including categories such as themes, sectors, countries, turnover and number of employees; |
| --- | --- |

10.

| 11. | Notes that the NFRD excludes non-financial statements from the requirement of content assurance to which financial statements of companies are otherwise subject; considers that non-financial statements should be subject to a mandatory audit, depending on the size and field of activity of the company concerned; considers that the assurance service provider, subject to requirements of objectivity and independence, should conduct its audit in accordance with the future EU framework; stresses, in the light of the foregoing, the need to address the inherent wrong incentives in statutory auditing by reviewing the Statutory Audit Directive (24); affirms that this would also be an opportunity to address the quasi-monopoly of the ‘Big Four’ accountancy companies, which typically audit the largest listed companies; |
| --- | --- |

11.

| 12. | Highlights that workers’ representatives should be involved in defining the process for reporting non-financial information and in verifying information, in particular regarding social sustainability goals and issues related to the supply production chain, including outsourcing and subcontracting; |
| --- | --- |

12.

| 13. | Highlights the importance of introducing an obligation requiring certain EU companies to produce, on an annual basis, a country-by-country report for each tax jurisdiction in which they operate; calls on the Council to adopt its general approach as soon as possible in order to start negotiations with Parliament on the Commission’s proposal for a directive amending Directive 2013/34/EU as regards disclosure of income tax information by certain undertakings and branches (COM(2016)0198); |
| --- | --- |

13.

| 14. | Believes that the EU should make every effort to ensure that the free trade agreements they negotiate include clauses requiring the partner states to lay down comparable obligations for their companies, with a view to avoiding any new means of distorting competition; |
| --- | --- |

14.

Directors’ duty of care and additional measures to make corporate governance more sustainability-oriented

| 15. | Stresses the importance of diversity and inclusiveness in companies, which leads to better business performance; calls on the Council to adopt its general approach as soon as possible in order to start negotiations with Parliament on the Women on Boards Proposal (25), which sets out to put an end to the pervasive imbalance between women and men at the highest levels of company decision-making; calls on the Commission to examine additional proposals to improve gender balance among senior managers and those holding influential positions in companies; |
| --- | --- |

15.

| 16. | Underlines the need for greater employee involvement in company decision-making processes in order to better integrate the long-term objectives and impacts of their companies; invites the Commission to look into the possibility of revising the European Works Council Directive (26) and establishing a new framework on employees’ information, consultation and involvement in European companies; |
| --- | --- |

16.

| 17. | Stresses that the ecological transition and the rise of digitalisation will have profound repercussions on the labour force; considers, therefore, that any sustainable corporate governance should recognise and guarantee effectively the right of employees to continuing vocational training and lifelong education during their working hours; |
| --- | --- |

17.

| 18. | Notes that companies are not abstract entities detached from today’s environmental and social challenges; considers that companies should make a more active contribution to sustainability as their long-term performance, resilience and even their survival may depend on the adequacy of their response to environmental and social matters; stresses, in this regard, that the duty of care of directors towards their company should be defined not only in relation to short-term profit maximisation by way of shares, but also sustainability concerns; notes the major role of executive directors in defining a company’s strategy and overseeing its operations; considers that executive directors’ legal duties to act in the interest of their company should be understood as a duty to integrate long-term interests and sustainability risks, impacts, opportunities and dependencies into their company’s overall strategy; stresses that this duty of prioritisation could entail a shift towards sustainable investments from non-sustainable investments; |
| --- | --- |

18.

| 19. | Calls on the Commission to present a legislative proposal to ensure that directors’ duties cannot be misconstrued as amounting solely to the short-term maximisation of shareholder value, but must instead include the long-term interest of the company and wider societal interests, as well as that of employees and other relevant stakeholders; believes, in addition, that such a proposal should ensure that members of the administrative, management and supervisory bodies, acting within the competences assigned to them by national law, have the legal duty to define, disclose and monitor a corporate sustainability strategy; |
| --- | --- |

19.

| 20. | Stresses, with regard to the ongoing revision of the Environmental Liability Directive (27), that companies should possess financial securities for environmental liability for environmental harm inflicted on individuals and ecosystems; |
| --- | --- |

20.

| 21. | Considers that companies’ sustainability strategies should identify and address, in accordance with their due diligence obligations, on the one hand, material issues in line with the non-financial reporting requirements, and, on the other hand, the significant impacts that those companies could have on environmental, climate, social and employee matters, and the implications for human rights, bribery and corruption arising from their business models, operations and supply chains, including outside the EU; considers that the duty of care that directors owe to their company also requires abiding by the duty not to harm ecosystems and to protect the interests of relevant stakeholders, including employees, who may be adversely impacted by the company’s activities; |
| --- | --- |

21.

| 22. | Believes that the scope of the future legislation should cover all listed and non-listed large undertakings established in EU territory, as defined in Article 3(4) of the Accounting Directive; stresses that in order to provide a level playing field, this legislation should also apply to non-EU companies operating in the EU market; invites the Commission to identify high-risk sectors of economic activity with a significant impact on sustainability matters that could justify applying it to SMEs in those sectors; further considers that, following the impact assessment the Commission is currently undertaking, the sustainability strategies should include measurable, specific, time-bound and science-based targets as well as transition plans aligned with the EU’s international commitments on the environment and climate change, in particular the Paris Agreement, the Convention on Biological Diversity and international agreements addressing deforestation; believes that the strategies could also include an internal policy on a fair salary based on living wage per country, a policy on gender equality, and a policy ensuring employees’ rights are better integrated in business activities; underlines that the content of these internal policies should be determined by the companies themselves, with due consideration for and in consultation with their employees; considers that these policies should take into account sector-specific and/or geographical matters and the rights of persons belonging to particularly vulnerable groups or communities; considers that linking the variable part of the remuneration of executive directors to the achievement of the measurable targets set in the strategy would serve to align directors’ interests with the long-term interests of their companies; calls on the Commission to further promote such remuneration schemes for top management positions; |
| --- | --- |

22.

| 23. | Notes that some Member States have introduced the concept of ‘loyalty shares’ in their legislation, whereby long-term shareholding is rewarded through voting rights and tax advantages; calls on the Commission to consider the introduction of new mechanisms to promote sustainable returns and the long-term performances of companies; highlights that retained earnings can contribute to building adequate reserves; |
| --- | --- |

23.

| 24. | Considers that the Shareholders’ Rights Directive should also be amended in order to incentivise ‘patient’ shareholder behaviour, in particular by rewarding long-term shareholding through voting rights and tax advantages; |
| --- | --- |

24.

| 25. | Expresses concern that certain international investment agreements such as the Energy Charter Treaty place the financial interests of multinational corporations above environmental and climate priorities; urges the Commission to take swift action to ensure that existing and future trade investment agreements are fully aligned with EU environmental and climate objectives and to come forward with proposals to counteract corporate land grabbing and deforestation in the upcoming review of the NFRD; |
| --- | --- |

25.

| 26. | Considers that, in the process of defining and monitoring their sustainability strategies, companies should have the duty to inform and consult relevant stakeholders; believes that the concept of a stakeholder should be interpreted broadly and include all persons whose rights and interests may be affected by the decisions of the company, such as employees, trade unions, local communities, indigenous peoples, citizens’ associations, shareholders, civil society and environmental organisations; considers it essential, moreover, to consult national and local public authorities dealing with the sustainability of economic affairs, in particular those responsible for employment and environmental public policies; |
| --- | --- |

26.

| 27. | Considers that this engagement should take place, depending on the size and field of activity of the company concerned and with an exemption for small and medium-sized enterprises (SMEs) not operating in high-risk sectors, sectors which should be defined by the Commission, by means of advisory committees comprising stakeholders’ representatives or spokespersons, including employees as well as independent experts, with the overall aim of providing advice on the content and implementation of the company’s sustainability strategy; considers that these advisory committees should have the right to request, if approved by a large majority, an independent audit should reasonable concerns be raised over the proper implementation of the sustainability strategy; |
| --- | --- |

27.

| 28. | Believes that companies that receive State aid, EU funding, or other public money or companies that carry out redundancy plans should aim to retain their workers’ jobs and offer them protection, adjust the remuneration of their directors accordingly, pay their fair share of taxes, implement their sustainability strategy in line with the objective of reducing their carbon footprint, and refrain from paying out dividends or offering share buy-back schemes aimed at remunerating shareholders; |
| --- | --- |

28.

o

o o

| 29. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

29.

---

(1)  https://www.ohchr.org/documents/publications/guidingprinciplesbusinesshr_en.pdf

(2)  https://www.un.org/sustainabledevelopment/sustainable-development-goals/

(3)  http://mneguidelines.oecd.org/guidelines/

(4)  https://www.oecd.org/investment/due-diligence-guidance-for-responsible-business-conduct.htm

(5)  https://mneguidelines.oecd.org/RBC-for-Institutional-Investors.pdf

(6)  https://www.ilo.org/wcmsp5/groups/public/---ed_emp/---emp_ent/---multi/documents/publication/wcms_094386.pdf

(7)  https://unfccc.int/files/essential_background/convention/application/pdf/english_paris_agreement.pdf

(8)  https://www.ipcc.ch/2018/10/08/summary-for-policymakers-of-ipcc-special-report-on-global-warming-of-1-5c-approved-by-governments/

(9)  OJ L 150, 20.5.2014, p. 195.

(10)  OJ L 182, 29.6.2013, p. 19.

(11)  OJ L 330, 15.11.2014, p. 1.

(12)  OJ L 157, 15.6.2016, p. 1.

(13)  OJ L 132, 20.5.2017, p. 1.

(14)  OJ L 305, 26.11.2019, p. 17.

(15)  OJ L 317, 9.12.2019, p. 1.

(16)  OJ L 198, 22.6.2020, p. 13.

(17)  OJ C 215, 5.7.2017, p. 1.

(18)  OJ C 209, 20.6.2019, p. 1.

(19)  https://ec.europa.eu/info/sites/info/files/business_economy_euro/growth_and_investment/documents/200610-cmu-high-level-forum-final-report_en.pdf

(20)  http://www.undocs.org/A/HRC/8/5

(21)  https://ec.europa.eu/environment/legal/liability/pdf/Final_report.pdf

(22)  https://climateprinciplesforenterprises.files.wordpress.com/2017/12/osloprincipleswebpdf.pdf

(23)  http://www.oecd.org/coronavirus/policy-responses/covid-19-and-responsible-business-conduct-02150b06/#:~:text=A%20responsible%20business%20conduct%20(RBC,both%20government%20and%20business%20response

(24)  OJ L 158, 27.5.2014, p. 196.

(25)  Proposal for a directive of the European Parliament and of the Council of 14 November 2012 on improving the gender balance among non-executive directors of companies listed on stock exchange and related measures (COM(2012)0614).

(26)  OJ L 122, 16.5.2009, p. 28.

(27)  OJ L 143, 30.4.2004, p. 56.

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/102 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/102

---

P9_TA(2020)0373

Council Recommendation on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience

European Parliament resolution of 17 December 2020 on the Council Recommendation on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience (2020/2767(RSP))

(2021/C 445/13)

The European Parliament,

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

—

having regard to Articles 165 and 166 of the Treaty on the Functioning of the European Union,

| — | having regard to the Charter of Fundamental Rights of the European Union, in particular Article 14 thereof on the right to education, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union, in particular Article 14 thereof on the right to education,

| — | having regard to the UN 2030 Agenda for Sustainable Development and to the Sustainable Development Goals, in particular Goal 4 and its targets, |
| --- | --- |

—

having regard to the UN 2030 Agenda for Sustainable Development and to the Sustainable Development Goals, in particular Goal 4 and its targets,

| — | having regard to the European Pillar of Social Rights proclaimed by the Council, Parliament and the Commission in November 2017, and in particular principles 1 on education, training and lifelong learning and 4 on active support to employment thereof, |
| --- | --- |

—

having regard to the European Pillar of Social Rights proclaimed by the Council, Parliament and the Commission in November 2017, and in particular principles 1 on education, training and lifelong learning and 4 on active support to employment thereof,

| — | having regard to the Commission proposal for a Council Recommendation of 1 July 2020 on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience (COM(2020)0275) and to the accompanying staff working document (SWD(2020)0123), |
| --- | --- |

—

having regard to the Commission proposal for a Council Recommendation of 1 July 2020 on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience (COM(2020)0275) and to the accompanying staff working document (SWD(2020)0123),

| — | having regard to the Commission report of October 2017 entitled ‘Mapping of VET graduate tracking measures in EU Member States’, |
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—

having regard to the Commission report of October 2017 entitled ‘Mapping of VET graduate tracking measures in EU Member States’,

| — | having regard to the Recommendation of the European Parliament and of the Council of 18 June 2009 on the establishment of a European Quality Assurance Reference Framework for Vocational Education and Training (EQAVET) (1), |
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—

having regard to the Recommendation of the European Parliament and of the Council of 18 June 2009 on the establishment of a European Quality Assurance Reference Framework for Vocational Education and Training (EQAVET) (1),

| — | having regard to the Recommendation of the European Parliament and of the Council of 18 June 2009 on the establishment of a European Credit System for Vocational Education and Training (ECVET) (2), |
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—

having regard to the Recommendation of the European Parliament and of the Council of 18 June 2009 on the establishment of a European Credit System for Vocational Education and Training (ECVET) (2),

| — | having regard to the Council conclusions of 16 June 2020 on countering the COVID-19 crisis in education and training, |
| --- | --- |

—

having regard to the Council conclusions of 16 June 2020 on countering the COVID-19 crisis in education and training,

| — | having regard to the Council resolution of 8 November 2019 on further developing the European Education Area to support future-oriented education and training systems (3), |
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—

having regard to the Council resolution of 8 November 2019 on further developing the European Education Area to support future-oriented education and training systems (3),

| — | having regard to the Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships (4), |
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—

having regard to the Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships (4),

| — | having regard to the Commission communication of 1 July 2020 on a European Skills Agenda for sustainable competitiveness, social fairness and resilience (COM(2020)0274) and to the accompanying staff working documents (SWD(2020)0121) and (SWD(2020)0122), |
| --- | --- |

—

having regard to the Commission communication of 1 July 2020 on a European Skills Agenda for sustainable competitiveness, social fairness and resilience (COM(2020)0274) and to the accompanying staff working documents (SWD(2020)0121) and (SWD(2020)0122),

| — | having regard to the Commission communication of 1 July 2020 on Youth Employment Support: a Bridge to Jobs for the Next Generation (COM(2020)0276), |
| --- | --- |

—

having regard to the Commission communication of 1 July 2020 on Youth Employment Support: a Bridge to Jobs for the Next Generation (COM(2020)0276),

| — | having regard to the Commission proposal for a Council Recommendation of 1 July 2020 entitled ‘A Bridge to Jobs — Reinforcing the Youth Guarantee’ and replacing Council Recommendation of 22 April 2013 on establishing a Youth Guarantee (COM(2020)0277), |
| --- | --- |

—

having regard to the Commission proposal for a Council Recommendation of 1 July 2020 entitled ‘A Bridge to Jobs — Reinforcing the Youth Guarantee’ and replacing Council Recommendation of 22 April 2013 on establishing a Youth Guarantee (COM(2020)0277),

| — | having regard to the Commission communication of 30 September 2020 on achieving the European Education Area by 2025 (COM(2020)0625) and to the accompanying staff working document (SWD(2020)0212), |
| --- | --- |

—

having regard to the Commission communication of 30 September 2020 on achieving the European Education Area by 2025 (COM(2020)0625) and to the accompanying staff working document (SWD(2020)0212),

| — | having regard to the Commission communication of 30 September 2020 on the Digital Education Action Plan 2021-2027 — Resetting education and training for the digital age (COM(2020)0624) and to the accompanying staff working document (SWD(2020)0209), |
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—

having regard to the Commission communication of 30 September 2020 on the Digital Education Action Plan 2021-2027 — Resetting education and training for the digital age (COM(2020)0624) and to the accompanying staff working document (SWD(2020)0209),

| — | having regard to the Commission communication of 17 January 2018 on the Digital Education Action Plan (COM(2018)0022), |
| --- | --- |

—

having regard to the Commission communication of 17 January 2018 on the Digital Education Action Plan (COM(2018)0022),

| — | having regard to the policy framework for European cooperation in education and training (ET 2020), |
| --- | --- |

—

having regard to the policy framework for European cooperation in education and training (ET 2020),

| — | having regard to the European Framework for Personal, Social and Learning to Learn Key Competence (LifeComp), |
| --- | --- |

—

having regard to the European Framework for Personal, Social and Learning to Learn Key Competence (LifeComp),

| — | having regard to the synthesis report by the European Centre for the Development of Vocational Training (Cedefop) of 15 April 2020 based on information provided by the Cedefop community of apprenticeship experts and entitled ‘How are European countries managing apprenticeships to respond to the COVID-19 crisis?, |
| --- | --- |

—

having regard to the synthesis report by the European Centre for the Development of Vocational Training (Cedefop) of 15 April 2020 based on information provided by the Cedefop community of apprenticeship experts and entitled ‘How are European countries managing apprenticeships to respond to the COVID-19 crisis?,

| — | having regard to the Cedefop report of 2020 entitled ‘Vocational education and training in Europe, 1995-2035 — Scenarios for European vocational education and training in the 21st century’, |
| --- | --- |

—

having regard to the Cedefop report of 2020 entitled ‘Vocational education and training in Europe, 1995-2035 — Scenarios for European vocational education and training in the 21st century’,

| — | having regard to the series of seven Cedefop research papers entitled ‘The changing nature and role of vocational education and training in Europe’, |
| --- | --- |

—

having regard to the series of seven Cedefop research papers entitled ‘The changing nature and role of vocational education and training in Europe’,

| — | having regard to the Cedefop publication of 2013 entitled ‘Benefits of vocational education and training in Europe for people, organisations and countries’, |
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—

having regard to the Cedefop publication of 2013 entitled ‘Benefits of vocational education and training in Europe for people, organisations and countries’,

| — | having regard to its resolution of 8 October 2020 on the Youth Guarantee (5), |
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—

having regard to its resolution of 8 October 2020 on the Youth Guarantee (5),

| — | having regard to its resolution of 12 June 2018 on modernisation of education in the EU (6), |
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—

having regard to its resolution of 12 June 2018 on modernisation of education in the EU (6),

| — | having regard to its resolution of 14 September 2017 on a new skills agenda for Europe (7), |
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—

having regard to its resolution of 14 September 2017 on a new skills agenda for Europe (7),

| — | having regard to its resolution of 19 January 2016 on skills policies for fighting youth unemployment (8), |
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—

having regard to its resolution of 19 January 2016 on skills policies for fighting youth unemployment (8),

| — | having regard to its resolution of 12 April 2016 on Erasmus+ and other tools to foster mobility in VET — a lifelong learning approach (9), |
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—

having regard to its resolution of 12 April 2016 on Erasmus+ and other tools to foster mobility in VET — a lifelong learning approach (9),

| — | having regard to its resolution of 8 June 2011 on European cooperation in vocational education and training to support the Europe 2020 strategy (10), |
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—

having regard to its resolution of 8 June 2011 on European cooperation in vocational education and training to support the Europe 2020 strategy (10),

| — | having regard to its legislative resolution of 20 May 2008 on the proposal for a decision of the European Parliament and of the Council repealing Council Decision 85/368/EEC on the comparability of vocational training qualifications between the Member States of the European Community (11), |
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—

having regard to its legislative resolution of 20 May 2008 on the proposal for a decision of the European Parliament and of the Council repealing Council Decision 85/368/EEC on the comparability of vocational training qualifications between the Member States of the European Community (11),

| — | having regard to the study of the Organisation for Economic Co-operation and Development of 6 May 2020 entitled ‘VET in a time of crisis: Building foundations for resilient vocational education and training systems’, |
| --- | --- |

—

having regard to the study of the Organisation for Economic Co-operation and Development of 6 May 2020 entitled ‘VET in a time of crisis: Building foundations for resilient vocational education and training systems’,

| — | having regard to the questions to the Council and the Commission on the Council Recommendation on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience (O-000068/2020 — B9-0027/2020 and O-000069/2020 — B9-0028/2020), |
| --- | --- |

—

having regard to the questions to the Council and the Commission on the Council Recommendation on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience (O-000068/2020 — B9-0027/2020 and O-000069/2020 — B9-0028/2020),

| — | having regard to Rules 136(5) and 132(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 136(5) and 132(2) of its Rules of Procedure,

| — | having regard to the motion for a resolution of the Committee on Employment and Social Affairs, |
| --- | --- |

—

having regard to the motion for a resolution of the Committee on Employment and Social Affairs,

| A. | whereas vocational education and training (VET) is an essential part of European education and lifelong learning systems, equipping young people and adults with the knowledge, know-how, skills and competences they need for employment; whereas VET accounts for about half of upper secondary graduates in the European Union; whereas VET could be crucial to for addressing the challenges caused by the accelerating macro trends and future transitions, and could be key to filling the widening skills gap in the EU labour market; |
| --- | --- |

A.

whereas vocational education and training (VET) is an essential part of European education and lifelong learning systems, equipping young people and adults with the knowledge, know-how, skills and competences they need for employment; whereas VET accounts for about half of upper secondary graduates in the European Union; whereas VET could be crucial to for addressing the challenges caused by the accelerating macro trends and future transitions, and could be key to filling the widening skills gap in the EU labour market;

| B. | whereas according to Cedefop, around two thirds of Europeans (68 %) think that vocational education at upper secondary stage has a positive image in their country, while just under a quarter (23 %) say it has a negative image (12); |
| --- | --- |

B.

whereas according to Cedefop, around two thirds of Europeans (68 %) think that vocational education at upper secondary stage has a positive image in their country, while just under a quarter (23 %) say it has a negative image (12);

| C. | whereas education and training also play a central role in integrating people into society and promoting participation in the political process, thereby helping to build inclusion as well as democratic and active citizenship; |
| --- | --- |

C.

whereas education and training also play a central role in integrating people into society and promoting participation in the political process, thereby helping to build inclusion as well as democratic and active citizenship;

| D. | whereas VET can boost students’ and workers’ professional development, company performance, competitiveness, research and innovation and is a central aspect of successful employment and social policy; |
| --- | --- |

D.

whereas VET can boost students’ and workers’ professional development, company performance, competitiveness, research and innovation and is a central aspect of successful employment and social policy;

| E. | whereas VET in Europe is highly diverse and not equally attractive for all learners; whereas national systems and initiatives need to be more compatible and interconnected at EU level; whereas the Commission and the policies of the EU can play an important role in supporting and coordinating Member States’ actions on VET at EU level; whereas the role of transnational and national VET providers’ networks and partnerships is crucial in the dissemination of the VET policy agenda and EU best practice; |
| --- | --- |

E.

whereas VET in Europe is highly diverse and not equally attractive for all learners; whereas national systems and initiatives need to be more compatible and interconnected at EU level; whereas the Commission and the policies of the EU can play an important role in supporting and coordinating Member States’ actions on VET at EU level; whereas the role of transnational and national VET providers’ networks and partnerships is crucial in the dissemination of the VET policy agenda and EU best practice;

| F. | whereas initial vocational education and training (IVET) is no longer only considered a vocational pathway, but an alternative pathway to the academic route that contains many elements of an academic education which can, ultimately, lead to a tertiary level, university education; whereas in countries where the dual system is well established the vocational pathway has always combined practical experience in the workplace with academic study in the classroom; |
| --- | --- |

F.

whereas initial vocational education and training (IVET) is no longer only considered a vocational pathway, but an alternative pathway to the academic route that contains many elements of an academic education which can, ultimately, lead to a tertiary level, university education; whereas in countries where the dual system is well established the vocational pathway has always combined practical experience in the workplace with academic study in the classroom;

| G. | whereas continuing vocational education and training (CVET) is key to achieving the social and economic objectives of the EU; whereas CVET improves the participation of adults in lifelong learning, reinforces their employability and increases employment in Europe; |
| --- | --- |

G.

whereas continuing vocational education and training (CVET) is key to achieving the social and economic objectives of the EU; whereas CVET improves the participation of adults in lifelong learning, reinforces their employability and increases employment in Europe;

| H. | whereas European VET systems are facing important challenges; whereas these systems need to be equipped with the capacity to adapt to the rapidly evolving green and digital transitions, technological developments, occupational changes and the shift towards more highly skilled jobs, changing labour market needs, meeting current skills shortages and averting future ones, new business models, new forms of work organisation, demographic trends, cohesion and infrastructural developments; whereas Member States and EU institutions need to step up their efforts and their support to create the best possible conditions for VET in order to adapt quickly to these challenges and skills needs in the labour market; |
| --- | --- |

H.

whereas European VET systems are facing important challenges; whereas these systems need to be equipped with the capacity to adapt to the rapidly evolving green and digital transitions, technological developments, occupational changes and the shift towards more highly skilled jobs, changing labour market needs, meeting current skills shortages and averting future ones, new business models, new forms of work organisation, demographic trends, cohesion and infrastructural developments; whereas Member States and EU institutions need to step up their efforts and their support to create the best possible conditions for VET in order to adapt quickly to these challenges and skills needs in the labour market;

| I. | whereas countries with well-designed vocational training programmes find it easier to avoid youth unemployment, even in times of crisis; whereas according to analysis by the IZA Institute of Labor Economics, countries with a dual vocational training system coped better with the economic crisis of 2008 and its effects on young people in the labour market; whereas the youth unemployment rate in countries without a dual VET system increased significantly at the time (13); |
| --- | --- |

I.

whereas countries with well-designed vocational training programmes find it easier to avoid youth unemployment, even in times of crisis; whereas according to analysis by the IZA Institute of Labor Economics, countries with a dual vocational training system coped better with the economic crisis of 2008 and its effects on young people in the labour market; whereas the youth unemployment rate in countries without a dual VET system increased significantly at the time (13);

| J. | whereas despite efforts being made to establish a coordinated European Qualifications Framework and the development of national qualifications frameworks, numerous mobile workers in the EU have difficulties in having their skills and training recognised and finding equivalent employment in other Member States; |
| --- | --- |

J.

whereas despite efforts being made to establish a coordinated European Qualifications Framework and the development of national qualifications frameworks, numerous mobile workers in the EU have difficulties in having their skills and training recognised and finding equivalent employment in other Member States;

| K. | whereas the dual system usually does not provide for the possibility to continue the education process at all levels; whereas the dual system must be flexible and be able to respond to the changes in the labour market and new, as yet unknown jobs; |
| --- | --- |

K.

whereas the dual system usually does not provide for the possibility to continue the education process at all levels; whereas the dual system must be flexible and be able to respond to the changes in the labour market and new, as yet unknown jobs;

| L. | whereas internships and vocational training with foreign employers within the Erasmus+ programme have a significant impact on supporting students and graduates of vocational and technical schools to find employment and to develop the competences required in the labour market, including language, professional language and social skills; |
| --- | --- |

L.

whereas internships and vocational training with foreign employers within the Erasmus+ programme have a significant impact on supporting students and graduates of vocational and technical schools to find employment and to develop the competences required in the labour market, including language, professional language and social skills;

| M. | whereas the COVID-19 pandemic has put vocational education and training activities, as well as standard education in general, under serious strain, interrupting learning in both workplaces and the classroom; whereas the pandemic has been particularly disruptive to work-based learning, including apprenticeships and training schemes with often significantly decreasing numbers of attendance, offers and new students; whereas the consequences of the COVID-19 crisis also present an opportunity to launch a digital and technological revolution in VET, which can break physical barriers, where possible, and significantly increase its reach and impact on expected results; |
| --- | --- |

M.

whereas the COVID-19 pandemic has put vocational education and training activities, as well as standard education in general, under serious strain, interrupting learning in both workplaces and the classroom; whereas the pandemic has been particularly disruptive to work-based learning, including apprenticeships and training schemes with often significantly decreasing numbers of attendance, offers and new students; whereas the consequences of the COVID-19 crisis also present an opportunity to launch a digital and technological revolution in VET, which can break physical barriers, where possible, and significantly increase its reach and impact on expected results;

| N. | whereas in many sectors apprenticeship training is massively affected by company closures and short-time working; |
| --- | --- |

N.

whereas in many sectors apprenticeship training is massively affected by company closures and short-time working;

| O. | whereas it is likely that young people will suffer disproportionately from the consequences of the economic crisis triggered by the COVID-19 pandemic in terms of unemployment; whereas in August 2020, having risen rapidly in the previous months, youth unemployment stood at 17,6 % in the EU and 18,1 % in the Euro area (compared to 14,1 % and 15,4 % respectively in August 2019) and whereas it is expected to rise further in the near future and keep many young people trapped in precarious and non-standard forms of employment or inactivity with insufficient social protection; whereas the EU must make youth unemployment and those not in education, employment or training (NEETs) one of the top political priorities to avoid creating another ‘lost generation’ as a consequence of the current crisis, which will also have a detrimental effect on the mental health and lives of millions of young people; whereas VET is a key factor for preparing learners for democratic societies and successfully entering and participating in the labour market; |
| --- | --- |

O.

whereas it is likely that young people will suffer disproportionately from the consequences of the economic crisis triggered by the COVID-19 pandemic in terms of unemployment; whereas in August 2020, having risen rapidly in the previous months, youth unemployment stood at 17,6 % in the EU and 18,1 % in the Euro area (compared to 14,1 % and 15,4 % respectively in August 2019) and whereas it is expected to rise further in the near future and keep many young people trapped in precarious and non-standard forms of employment or inactivity with insufficient social protection; whereas the EU must make youth unemployment and those not in education, employment or training (NEETs) one of the top political priorities to avoid creating another ‘lost generation’ as a consequence of the current crisis, which will also have a detrimental effect on the mental health and lives of millions of young people; whereas VET is a key factor for preparing learners for democratic societies and successfully entering and participating in the labour market;

| P. | whereas the recent socio-economic developments and the crisis triggered by the COVID-19 pandemic have increased social inequalities and accentuated the need to make VET systems not only more efficient but also more accessible and inclusive with respect to vulnerable groups and people in rural or remote areas; whereas equal opportunities for all are key; whereas access to computers, a broadband connection, digital support and other technological learning tools is crucial, not only for VET providers but also students, in order to avoid deepening inequalities and ensure that no one is left behind; |
| --- | --- |

P.

whereas the recent socio-economic developments and the crisis triggered by the COVID-19 pandemic have increased social inequalities and accentuated the need to make VET systems not only more efficient but also more accessible and inclusive with respect to vulnerable groups and people in rural or remote areas; whereas equal opportunities for all are key; whereas access to computers, a broadband connection, digital support and other technological learning tools is crucial, not only for VET providers but also students, in order to avoid deepening inequalities and ensure that no one is left behind;

| Q. | whereas 60 million adults in the EU are low-qualified; whereas according to Cedefop, there are 128 million adults in the EU who have a low level of education, low digital skills or low cognitive skills or who have a medium-high level of education but are at risk of skill loss and skill obsolescence and therefore in need of upskilling and reskilling; whereas well-designed and inclusive VET systems are of strategic importance to increase the competences and skills of all learners and support access to quality job opportunities; |
| --- | --- |

Q.

whereas 60 million adults in the EU are low-qualified; whereas according to Cedefop, there are 128 million adults in the EU who have a low level of education, low digital skills or low cognitive skills or who have a medium-high level of education but are at risk of skill loss and skill obsolescence and therefore in need of upskilling and reskilling; whereas well-designed and inclusive VET systems are of strategic importance to increase the competences and skills of all learners and support access to quality job opportunities;

| R. | whereas in 2017, 4,3 % of pupils in lower secondary education in the EU followed vocational programmes, with this share reaching 47,8 % for upper secondary education and 92 % for post-secondary non-tertiary education; whereas in 2017, 46,7 % of all graduates from vocational programmes in upper secondary education in the EU were female (14); |
| --- | --- |

R.

whereas in 2017, 4,3 % of pupils in lower secondary education in the EU followed vocational programmes, with this share reaching 47,8 % for upper secondary education and 92 % for post-secondary non-tertiary education; whereas in 2017, 46,7 % of all graduates from vocational programmes in upper secondary education in the EU were female (14);

| S. | whereas in VET as in education, the COVID-19 crisis has highlighted some challenges and limitations of distance learning in technical and content-related areas; |
| --- | --- |

S.

whereas in VET as in education, the COVID-19 crisis has highlighted some challenges and limitations of distance learning in technical and content-related areas;

| T. | whereas distance learning risks increasing dropout rates for vulnerable learners and must therefore remain a complement rather than an alternative to conventional learning; |
| --- | --- |

T.

whereas distance learning risks increasing dropout rates for vulnerable learners and must therefore remain a complement rather than an alternative to conventional learning;

| U. | whereas there is neither an agreed definition nor a common understanding of micro-credentials in VET at EU level; whereas micro-credentials should be conceived as complementary to full qualifications and recognised as a proof of meaningful and high-quality achievements, based on standards on delivery mode, assessment procedure and duration; |
| --- | --- |

U.

whereas there is neither an agreed definition nor a common understanding of micro-credentials in VET at EU level; whereas micro-credentials should be conceived as complementary to full qualifications and recognised as a proof of meaningful and high-quality achievements, based on standards on delivery mode, assessment procedure and duration;

| V. | whereas in 2015, almost one third (30,5 %) of all companies with 10 or more people employed in the EU-28’s business economy provided IVET, although this proportion varied greatly across the Member States (15); |
| --- | --- |

V.

whereas in 2015, almost one third (30,5 %) of all companies with 10 or more people employed in the EU-28’s business economy provided IVET, although this proportion varied greatly across the Member States (15);

| W. | whereas in 2015, 72,6 % of companies employing 10 or more people in the EU-28 provided CVET to their staff; whereas this marked an increase on 2005 and 2010, when the corresponding shares were 59,7 % and 65,7 % (16); |
| --- | --- |

W.

whereas in 2015, 72,6 % of companies employing 10 or more people in the EU-28 provided CVET to their staff; whereas this marked an increase on 2005 and 2010, when the corresponding shares were 59,7 % and 65,7 % (16);

| X. | whereas the impact of IVET and CVET on labour market outcomes often reflects direct or indirect aggregate individual productivity effects; whereas the main outcomes stressed by countries are higher participation in the labour market, lower unemployment, the opportunity to acquire a qualification for all categories which did not previously have one, and the chance to advance in a professional hierarchy; whereas through lifelong learning, individuals can improve their work opportunities and qualification levels, which leads to higher remuneration and greater economic and social outputs, such as economic autonomy, and can also enhance psychological wellbeing (17); |
| --- | --- |

X.

whereas the impact of IVET and CVET on labour market outcomes often reflects direct or indirect aggregate individual productivity effects; whereas the main outcomes stressed by countries are higher participation in the labour market, lower unemployment, the opportunity to acquire a qualification for all categories which did not previously have one, and the chance to advance in a professional hierarchy; whereas through lifelong learning, individuals can improve their work opportunities and qualification levels, which leads to higher remuneration and greater economic and social outputs, such as economic autonomy, and can also enhance psychological wellbeing (17);

| Y. | whereas IVET and CVET have a direct impact on generational changes and the situation of families; |
| --- | --- |

Y.

whereas IVET and CVET have a direct impact on generational changes and the situation of families;

| Z. | whereas IVET and CVET help to make companies and innovation more effective; |
| --- | --- |

Z.

whereas IVET and CVET help to make companies and innovation more effective;

| 1. | Underlines that VET, particularly through its focus on practice and work-based learning, plays a vital role in a labour market that is geared towards a just transition and in constant change; underlines that VET, if geared towards quality, can offer relevant and high-quality knowledge, skills and competences at all levels in companies of all sizes and sectors and for people in both initial and continuing education tailored to their individual needs; stresses that VET is important for filling skills gaps in the EU labour market, for equipping young students with the skills they need to get into employment, and for upskilling and reskilling workers to align their competences with employers’ needs, which is particularly important for SMEs and new investments in the economy; stresses, in addition, the need to foster personal development skills to help individuals grow both personally and professionally in order to maximise their potential; |
| --- | --- |

1.

| 2. | Calls for VET to be coordinated with formal and traditional education systems and integrated as a policy area within the scope of all education policies, at EU and Member State level, without being consigned to the background or made only a secondary priority; calls on the Commission and the Member States to ensure that VET and classical education are complementary and equal in priority; |
| --- | --- |

2.

| 3. | Recalls the importance, moreover, of approaching VET as a fundamental tool for promoting integration and inclusion for the development of a more cohesive society; |
| --- | --- |

3.

| 4. | Emphasises the urgent need to modernise and significantly expand VET policies to make them more inclusive, accessible, resilient, attractive and effective in supporting fair employment, human capital development and active participation in society; considers that VET policies should equip people with good basic skills and key competences to enable them to adapt to current and future socio-economic and labour market developments and the opportunities of and challenges posed by the digital and green transitions, demographic change and all other macro trends, and should deliver on the objectives of the European Green Deal; stresses the key role of VET policies in upskilling and reskilling all workers to deal with these key transitions better; |
| --- | --- |

4.

| 5. | Recalls that VET contributes to competitiveness and social cohesion; underlines the need to increase investment in human capital and skills and to deliver a skills base relevant to working life; |
| --- | --- |

5.

| 6. | Recalls that the containment measures put in place to halt the spread of the COVID-19 pandemic have put European VET systems under serious strain and its learners in precarious situations; stresses that the disruption to VET is exacerbating pre-existing education inequalities by reducing the opportunities for many of society’s most vulnerable people, who need to be supported by sustainable investment and effective non-financial measures in the sector; stresses, in this respect, that particular attention should be given to ensuring equal access to high-quality VET, including in remote or rural areas where distance learning could be hampered by a lack of internet coverage; |
| --- | --- |

6.

| 7. | Underlines that it is crucial to provide the necessary financial means, technical assistance and guidance to ensure access to digital devices and e-learning solutions for VET providers, teachers, trainers and students; encourages Member States to promote flexible education models and support for distance learners by means such as e-resources, e-materials, free online training and — most importantly — equipment and broadband internet for all schools and households; stresses that public authorities should pay special attention to and incentivise solutions for households that do not have access to computers and a good broadband connection, so as to prevent a digital divide and an increase in inequalities in an education sector in which many disadvantaged students are enrolled; |
| --- | --- |

7.

| 8. | Fears a dramatic decline in the number of apprenticeship training places for next autumn given the potential reduction in training activities in many sectors that the COVID-19 crisis could entail; underlines that this lack of training opportunities for young people could also lead to an intensification of the shortage of skilled labour in some areas in the medium term; calls on Member States and regions to consider how alternative supra-company training could be sensibly expanded in order to bridge the looming gap in apprenticeship training places; |
| --- | --- |

8.

| 9. | Calls for a quality guarantee ensuring that people who finished their training and/or education during the COVID-19 crisis can fill any gaps in their training by (re-)taking courses from their traineeship or apprenticeship even after obtaining their degree and/or finishing their traineeship or apprenticeship, which might have had to be cancelled or curtailed or fallen short in some other way while anti-COVID-19 measures were in place; |
| --- | --- |

9.

| 10. | Welcomes the proposal for a Council Recommendation on VET for sustainable competitiveness, social fairness and resilience; supports the proposal’s overall aims to modernise EU policy on VET and confirm VET’s central role in the lifelong learning continuum and in the rapid adaptation to a rapidly changing labour market; welcomes the efforts to simplify VET governance, to develop an internationalisation strategy and to secure more European cooperation and mobility opportunities for learners and teachers; highlights the key role of skills reaching all kinds of workers in the transition to a green and digital economy; |
| --- | --- |

10.

| 11. | Welcomes the proposal’s quantitative objectives, namely that — by 2025 — the share of employed graduates should be at least 82 %, 60 % of recent graduates from VET should benefit from exposure to work-based learning during their VET, and 8 % of learners in VET should benefit from a learning mobility abroad; invites Member States to encourage learning pathways including work-based learning; recalls that specific targets can help Member States in setting goals and making VET policies more inclusive and adapted to labour market needs; calls on the Commission to report to Parliament and the Council every five years on the implementation of the recommendation; |
| --- | --- |

11.

| 12. | Calls on the Commission to expand worthwhile mobility programmes for apprentices, such as ErasmusPro, by strengthening synergies between European Social Fund Plus (ESF+) and Erasmus+ programmes and by ensuring adequate resources in the 2021-2027 programming period; calls on the Member States to set a more ambitious target on learning mobility abroad for VET students; recalls that in similar initiatives under the ET2020 framework and Erasmus programme for higher education, the target on mobility for higher education graduates was set at 20 % for 2020; underlines that increased mobility opportunities can help to expand apprentices’ personal, educational and professional networks and make VET more attractive, rather than it being perceived as a second choice, and unlock the mobility potential of VET, which can, in turn, contribute to the success of the future Erasmus+ programme; |
| --- | --- |

12.

| 13. | Calls on the Commission to include an indicator on skills gaps in the Social Scoreboard, in line with the aims and implementation of the European Pillar of Social Rights, which could be useful for VET national policymakers to identify where more efforts are required and to coordinate better at EU level, tracking skills gaps evolutions and progress, and incentivising upward convergence among the Member States; |
| --- | --- |

13.

| 14. | Stresses that well-targeted awareness-raising campaigns and youth-friendly communication channels, such as social media, can play a decisive role in reaching out to young people to raise the profile of VET and make it more attractive; underlines the crucial role of schools, especially primary and lower secondary, in communicating the possibilities offered by VET, making VET more attractive and doing more to guide young students on these professional paths; |
| --- | --- |

14.

| 15. | Calls on the Member States and the Commission to work with stakeholders to devise an EU online platform on VET, as requested by many VET providers and policymakers in a recent EU survey (18), which should be promoted as soon as possible; supports the idea that such a platform could offer opportunities for networking and exchanging good practices and could provide digital solutions, including for work-based learning, and all the available material for online learning in a safe, quality-assured and multilingual environment; underlines that a VET platform can be the link between the platforms of Centres of Vocational Excellence (CoVEs) at EU level; suggests that the platform should be linked to an EU web portal on VET, open to contributions from stakeholders, in order to bring visibility to the activities and services provided by CoVEs to their ecosystems, to showcase the wealth of opportunities offered by VET to learners at national and EU levels, and to step up communication efforts and increase the attractiveness of VET; |
| --- | --- |

15.

| 16. | Calls on the Commission to explore the idea of an EU web job portal specifically dedicated to traineeship and apprenticeship opportunities around the EU, gathering together all similar existing EU initiatives in a more visible, comprehensive and user-friendly fashion; considers that this instrument, if adequately publicised through the appropriate channels, can become a focal point for young Europeans, education institutions, and companies around the EU; is of the opinion that the portal could be connected to VET, help to guide youth talent where most required by labour market needs, increase EU mobility, tackle youth unemployment, and bridge current and future skills gaps; considers that such an initiative could be supported by the Youth Guarantee and Erasmus+ programmes to amplify the impact of those programmes, and could be complementary and connected with other EU initiatives such as the European Job Mobility Portal (EURES), Europass and a future EU VET portal; |
| --- | --- |

16.

| 17. | Calls on the Member States and the Commission to analyse and provide support and solutions for the requests made by VET stakeholders in the recent EU survey undertaken by the Commission between March and May 2020 on the challenges and impact of the COVID-19 pandemic on vocational education and training; supports, in particular, in addition to the creation of a common EU platform for VET, the development of virtual reality simulation systems and other digital tools for VET education with the aid of research projects and test phases, the creation of vocational online open courses (VOOC), virtual European projects such as Erasmus virtual, an EU YouTube channel on VET for the general public, European training weeks, and, furthermore, making ESF and the future ESF+ more flexible and able to fund educational technology, training for teachers and trainers, and the implementation of e-learning; |
| --- | --- |

17.

| 18. | Underlines that the disruption to the provision of VET caused by the COVID-19 pandemic has had a considerable educational and social impact on VET students, in particular from disadvantaged backgrounds, and poses difficult challenges for students who work best under direct guidance and in the presence of a teacher; highlights that this should not only be seen as a problem but that it also provides a unique opportunity to modernise VET systems through technological innovations in fields such as virtual reality, artificial intelligence, Industry 4.0 and the Internet of Things, as well as an increased use of online and distance learning, hybrid apprenticeships and alternative assessment; highlights that such reforms could ultimately contribute to making VET systems stronger, more responsive, and more resilient than before the COVID-19 crisis and equip students and workers for the skills and jobs of tomorrow; notes, at the same time, that advanced digital skills for teachers, trainers and students is a key prerequisite for high-quality online learning; |
| --- | --- |

18.

| 19. | Underlines the urgent need to adopt all the necessary measures to reduce the number of student drop-outs from VET, to reinforce the inclusiveness and quality of VET, to ensure equal access to quality apprenticeships for all young and adult learners and to guarantee equal access and the right to employee training for all workers in all companies of all sizes and sectors, with a specific focus on SMEs; |
| --- | --- |

19.

| 20. | Welcomes the idea of developing virtual mobility opportunities to overcome the constraints of COVID-19 and encourages Member States and VET providers to facilitate location-less learning opportunities, including in the future, allowing students in remote and rural areas or abroad to access courses around the EU without location constraints, where feasible; |
| --- | --- |

20.

| 21. | Recalls that the involvement of all the relevant actors in the policy design and delivery of VET helps to ensure that VET addresses the skills needs in the labour market and contributes to better policy implementation; calls on the Member States, therefore, to cooperate closely with all the relevant stakeholders such as social partners, enterprises, including MSMEs, social economy enterprises, such as cooperatives and non-profit organisations, VET providers and their associations, VET students, VET student unions, research centres, civil society organisations, public and private employment services, guidance practitioners and local and regional authorities to coordinate at EU level for better interconnections between different systems and to exchange best practices; calls for the setting-up of local eco-systems, including the aforementioned stakeholders, in order to reinforce the quality, quantity, inclusiveness and reputation of VET as a positive choice; underlines the need to actively promote among potential applicants the employment opportunities linked to VET and to direct students towards sectors lacking employees with VET qualifications; stresses that a strong connection between VET and the world of work is essential; stresses that the training offered should cater to local challenges and needs; |
| --- | --- |

21.

| 22. | Maintains that a strong educational foundation that provides students with broad knowledge and basic skills in literacy, numeracy and communication, digital skills and soft skills, such as critical thinking, problem solving and emotional intelligence, serves as the basis for further learning and on-the-job training and is key for young people’s futures as both workers and individuals, enabling them to adapt to changing demands throughout their professional lives; |
| --- | --- |

22.

| 23. | Highlights the need for a transparent common definition of micro-credentials; believes that micro-credentials can be only complementary to full qualifications and must be quality assured, accredited and based on standardised delivery mode, assessment procedure and duration; underlines the paramount importance of well-defined quality requirements of micro-credentials providers; |
| --- | --- |

23.

| 24. | Recalls the intrinsic value of education beyond its role towards the labour market; calls on the Member States to put more emphasis on the role of education beyond the needs of the labour market, taking into account the development of knowledge and skills that support personal development, wellbeing and active citizenship; |
| --- | --- |

24.

| 25. | Calls on the Member States to design, with the involvement of social partners, quality and inclusive VET systems and adult learning policies with a view to improving skills and competences of low-qualified adults, both workers and unemployed people, who need urgent support to access quality jobs; |
| --- | --- |

25.

| 26. | Supports the establishment and promotion of representative structures for VET learners at all levels in order to give VET learners a voice in the management of VET schemes and thereby help to improve the quality of VET programmes; |
| --- | --- |

26.

| 27. | Supports the proposed promotion of CoVEs bringing together a wide range of VET stakeholders and local partners; underlines that such centres can be drivers for innovation, quality and inclusiveness and facilitate the exchange of good practices, foster mutual learning and help improve the quality and provision of VET across the EU; calls on the Member States to ensure solid investment in the development of these centres and all VET institutions and recalls that support for CoVEs through the Erasmus+ programme requires an ambitious programme budget; calls on the Member States to take further measures to bring together and involve the relevant stakeholders in order to help increase the relevance and quality of the education in these centres and to better match the supply and demand of skills and support employers in finding vocational training facility solutions; calls on the Member States to make CoVEs the driving force for the development of joint European VET qualifications, curricula and diplomas; calls on the Member States, furthermore, to foster regional cooperation strategies with a view to devising cross-border programmes aimed at facilitating the mobility of learners and workers and improving territorial and regional cooperation, including through the European Qualifications Framework; |
| --- | --- |

27.

| 28. | Strongly believes that all pupils should have access to a balanced, rigorous and cognitively demanding, knowledge-based curriculum, as this is the best possible preparation for both vocational and academic studies, guaranteeing that young people who have opted for a VET programme have done so because that was their choice or vocation rather than due to low achievement or an inability to pursue other academic options; underlines that digital and green skills should be integrated across educational curricula, recognising that they are basic skills for all learners; recalls Cedefop’s assertion that adapting curricula and including environmental awareness, with an understanding of sustainable development and business efficiency, is better than devising completely new training programmes; |
| --- | --- |

28.

| 29. | Calls on the Member States to ensure appropriate funding for VET policies, both at national and EU level, in order to guarantee the investments needed to make VET systems more modern, resilient, attractive and inclusive; underlines the need for increased funding for VET mobility for learners and teachers, including in Erasmus+; calls on the Member States to develop incentives to help SMEs encourage VET learners to take part in European mobility; underlines the need for increased funding for training centres to finance dedicated teams tasked with the practical organisation of mobility; calls on the Commission to organise an EU-wide campaign targeting SMEs to underline the benefits to their prosperity of incoming and outgoing vocational mobility; |
| --- | --- |

29.

| 30. | Underlines the need to develop more programmes like e-Twining and the Electronic Platform for Adult Learning in Europe (EPALE), which serve to promote networking and inter-school cooperation; recalls that these projects can assist in the implementation of core curricula and help to encourage students who are reluctant to learn remotely to participate; |
| --- | --- |

30.

| 31. | Calls on the Member States to devote specific attention to the continuous training and professional development of teachers and trainers in VET to enable them to fulfil their increasingly multi-functional roles and responsibilities as drivers for quality and innovation in education; recalls that is important that VET teachers have high-quality digital skills and the right technological equipment at their disposal to be able to fully embrace the opportunities offered by digital education and to help equip students with the skills required by the digital transition; underlines that the representatives of the branches and companies cooperating within VET must have pedagogical competences; calls on the Member States and the Commission to better develop the opportunity for VET teachers to also carry out research throughout their career, as this could allow them to exchange and stimulate best practices and help to realise the full potential of the European Research Area; |
| --- | --- |

31.

| 32. | Calls on the Member States to promote the dual VET model, which could make it much easier for young people to get into the labour market, especially when compared to general education, as training that combines structured workplace learning with theory leads to certified skills that are relevant to employers and transferable to the labour market; underlines, in this context, the potential of digital solutions, which can make a positive contribution to an effective dual system; |
| --- | --- |

32.

| 33. | Urges the Member States, when devising VET, to take better advantage of the development of the green jobs sector, to create highly skilled apprenticeships to provide young people with specialised knowledge and training, and to help tackle the high levels of youth unemployment; |
| --- | --- |

33.

| 34. | Encourages the Member States and regional and local authorities to integrate sustainable development and environmental competences and skills into training and education systems, in particular by strengthening VET systems and by encouraging research centres to develop technologies, projects and patents for green products, in collaboration with new green companies; encourages exchanges of ideas between research centres and networks of companies and professionals; recalls the importance of science, technology, engineering and mathematics (STEM) skills and the need to ensure that more women study STEM subjects; |
| --- | --- |

34.

| 35. | Calls on the Member States to improve skills anticipation systems to better identify emerging changes and skills needs so that VET systems are better informed about where investments in skills are needed and are more responsive to changing labour market needs, and to ensure that education, training and lifelong learning is a right for all; stresses that VET will be more effective if it is based on solid skills forecasting enabling skills gaps to be anticipated and identified and vocational and lifelong training programmes to be tailored to a future-oriented labour market; believes that VET programmes should be made more flexible and adaptable to match and resist labour market fluctuations and enable intelligent and targeted orientation of VET learners, for initial training as well as for upskilling and reskilling adult learners, in order to reduce skills mismatches and skill obsolescence; |
| --- | --- |

35.

| 36. | Calls for the establishment of paid educational leave policies in line with the ILO Paid Educational Leave Convention, which allows workers to attend training programmes during working hours and at no personal cost, in order to promote lifelong learning; |
| --- | --- |

36.

| 37. | Calls on the Member States, regional governments and local authorities to adopt and implement, together with the social partners and training providers, skills development and anticipation strategies with the aim of improving generic, sectoral and occupation-specific skills; notes that these strategies should include a thorough assessment of the type and level of jobs to be created and the requisite skills and knowledge, leading to the anticipation and identification of skills gaps and targeted vocational and lifelong training programmes focusing on matching skills and jobs, with the aim of increasing employment; |
| --- | --- |

37.

| 38. | Welcomes the recommendation that VET providers should get an appropriate degree of autonomy, flexibility, support and funding; recalls that financial and strategical independence of VET providers is important to rapidly adapt to changes in skills demands and to the opportunities of and challenges posed by the digital and green transitions; calls on the Member States to step up their efforts to create qualified training programmes in sectors that lack an adequate workforce, such as the health and care sectors, agriculture, construction, the environmental sector and the circular economy; |
| --- | --- |

38.

| 39. | Calls on the Member States to put greater emphasis on making VET systems more inclusive and accessible to all throughout their working lives, including vulnerable groups, such as persons with disabilities, NEETs, older workers, the long-term unemployed, low-qualified and low-skilled adults, displaced workers, minorities and ethnic groups, people with migrant backgrounds, refugees, and people with fewer opportunities because of their geographical location; calls for concrete measures to ensure that people from disadvantaged socio-economic backgrounds, who often find themselves in a vicious circle of poverty, have access to VET in line with the European Pillar of Social Rights; encourages Member States facing demographic decline to ensure that younger people benefit from VET programmes in particular as a pathway to quality employment; underlines that preventive actions such as skills assessments and careers and vocational guidance may reduce the number of NEETs in the longer term and address the needs of companies and sectors suffering from skills shortages; |
| --- | --- |

39.

| 40. | Welcomes the suggestion that VET systems should play an equally important role for adults in need of continuous upskilling and reskilling; calls on the Commission to adopt a holistic approach to VET and adult learning encompassing formal, non-formal and informal learning; calls on the Member States to make VET more attractive and accessible to adult learners and to forge stronger links and closer cooperation between VET for adults and non-formal adult learning in order to promote key competences, including good basic skills, digital skills, and transversal, green and other life skills which provide strong foundations for resilience, lifelong employability, social inclusion, active citizenship and personal development; stresses that efforts to improve the image and inclusiveness of VET programmes need to be accompanied by efforts to strengthen their educational value and to increase the quality and respect for apprentices’ social and labour rights; |
| --- | --- |

40.

| 41. | Stresses the importance of reaching people in rural and remote areas and making VET accessible and designed for people working in agriculture, fisheries, forestry and other jobs in those regions, and to provide them with all the necessary skills, including green and digital skills, to better grasp present and future opportunities offered by the green and blue economy and enable them to make an important contribution to the preservation of the environment; |
| --- | --- |

41.

| 42. | Underlines that work-based learning and the promotion and implementation of the dual VET system should be priorities of the new Erasmus programme; |
| --- | --- |

42.

| 43. | Calls on the Member States, in line with the EU Strategy for Gender Equality, to continue to address gender bias and gender-stereotypical choices by ensuring and encouraging the equal participation of women in vocational training for what are usually traditional ‘male’ professions and of men in ‘female’ professions; calls for the gender dimension to be reinforced in efforts to modernise VET systems and to make learning both at and outside work more accessible to women employees and those with family care duties, not least in sectors where women are under-represented, notably the digital, STEM and green sectors, in order to combat gender segregation in education and employment and combat gender stereotypes; |
| --- | --- |

43.

| 44. | Calls on the Commission and the Member States, when making the transition to the green economy, to take account of the needs of women and girls for better lifelong learning opportunities, especially in fields which have considerable potential for providing a significant number of new green jobs, such as science, research, engineering, digital technology and new technologies, with the aim of strengthening women’s position in society, eliminating gender stereotypes and delivering jobs which fully correspond to women’s particular needs and skills; |
| --- | --- |

44.

| 45. | Calls on the Member States to promote VET participation through campaigns emphasising the benefits to the individual and the employer and by providing incentives, including long-standing incentives, to cover some of the costs to employers of apprenticeships; recognises the significance of initiatives such as WorldSkills competitions, which make a key impact in terms of the positive image of VET, the promotion of new jobs and new skills, attracting young people to VET careers, adapting VET systems to the modern economy, and boosting cooperation between education, employers and the labour market; |
| --- | --- |

45.

| 46. | Welcomes the objective of the European Education Area of developing a genuine European learning space where high-quality and inclusive education and training is in no way hampered by borders; considers that the recommendation should fulfil this aim; |
| --- | --- |

46.

| 47. | Welcomes the proposal to enhance the flexibility of VET programmes, to use micro-credentials and to increase the permeability with other educational sectors, as this increased flexibility enables VET programmes to be customised to individual needs, while respecting full qualifications; notes that this initiative also allows transfers of recognition and the accumulation of learning outcomes; welcomes, in this respect, the idea of European vocational core profiles and of integration with the Europass platform, including with future individual learning accounts, which should serve to facilitate recognition of qualifications and mobility; underlines that curricula need to establish the basis to enable people to transfer between academic and vocational routes, including the competences they obtain; stresses that the qualification structure needs to allow for comparability; underlines that curricula also need to provide for the future employability of the individual by anticipating skill needs over the medium to long term; calls on the Member States to encourage the further modularisation of VET in order to build more bridges between education and training systems; stresses the importance of the ECVET system, which has provided better recognition of learning outcomes obtained during mobility periods; calls on the Member States to consider the development of the ECTS credit points system for VET; calls on the Member States to ensure that VET programmes can create higher skill levels; |
| --- | --- |

47.

| 48. | Welcomes the framework provisions of EQAVET and calls for an assessment of their implementation; welcomes the integration of the EQAVET framework and elements addressing the shortcomings of its implementation into the recommendation, specifically in relation to quality standards, and the inclusion of key principles of ECVET to support flexibility and mobility, developed in the framework of other instruments such as Erasmus+; |
| --- | --- |

48.

| 49. | Welcomes all possible synergies and a greater role for VET under the Youth Guarantee, in view of its effectiveness in easing the transition to the labour market for young people at risk of unemployment and social exclusion; |
| --- | --- |

49.

| 50. | Calls on the Member States to strengthen language learning in VET systems as the lack of proficiency in this area is a major impediment to mobility, while a good command of several languages is of added value on labour markets; |
| --- | --- |

50.

| 51. | Underlines that any improvement to the provision of VET needs to be accompanied by improvements to the access to information, advice and guidance services in an accessible format for all adult learners and students from an early age; |
| --- | --- |

51.

| 52. | Stresses that apprenticeships are a vital part of VET programmes; urges Member States to make further efforts to ensure high-quality, diversified and tailored apprenticeships, including fair remuneration, that are aligned with the principles of the European Pillar of Social Rights, in particular the right to fair and equal treatment regarding working conditions, including ensuring a working environment adapted to the needs of persons with disabilities, access to social protection and training; calls on the Commission, in this regard, to review the European Framework for Quality and Effective Apprenticeships; calls on the Member States to encourage VET mobility by easing national administrative prerequisites for VET foreign students; encourages the Commission and the Member States to work towards the creation of a European Apprenticeship Statute; |
| --- | --- |

52.

| 53. | Stresses the importance of ensuring that the objectives of the recommendation are aligned with the current policy and legislative framework in the context of the Recovery Plan for Europe, with particular regard to investment in skills, education and training through the Recovery and Resilience Facility and REACT-EU, as well as the European Skills Agenda, the Digital Education Action Plan, the European Education Area, Erasmus+ and the Youth Guarantee; |
| --- | --- |

53.

| 54. | Underlines the need to improve the tracking of VET graduates, as a better understanding of their performance in the labour market is one of the key ways of assessing and improving the quality and relevance to the labour market of VET, alongside forecasts on the supply and demand of skills; |
| --- | --- |

54.

| 55. | Calls on the Commission and the Member States to increase the resources allocated to the digitalisation of VET programmes and to graduate tracking; |
| --- | --- |

55.

| 56. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

56.

---

(1)  OJ C 155, 8.7.2009, p. 1.

(2)  OJ C 155, 8.7.2009, p. 11.

(3)  OJ C 389, 18.11.2019, p. 1.

(4)  OJ C 153, 2.5.2018, p. 1.

(5)  Texts adopted, P9_TA(2020)0267.

(6)  OJ C 28, 27.1.2020, p. 8.

(7)  OJ C 337, 20.9.2018, p. 135.

(8)  OJ C 11, 12.1.2018, p. 44.

(9)  OJ C 58, 15.2.2018, p. 65.

(10)  OJ C 380 E, 11.12.2012, p. 67.

(11)  OJ C 279 E, 19.11.2009, p. 119.

(12)  Cedefop, European public opinion survey on vocational education and training, 2017.

(13)  Eichhorst, W., Does vocational training help young people find a (good) job?, IZA Institute of Labor Economics.

(14)  Eurostat, Vocational education and training statistics, data extracted in September 2020.

(15)  Eurostat, Vocational education and training statistics, data extracted in September 2020.

(16)  Eurostat, Vocational education and training statistics, data extracted in September 2020.

(17)  Cedefop, The benefits of vocational education and training, 2011.

(18)  Commission survey for European Vocational Skills Week 2020, 9-13 November 2020.

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/114 |
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29.10.2021

EN

Official Journal of the European Union

C 445/114

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P9_TA(2020)0375

Forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region

European Parliament resolution of 17 December 2020 on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region (2020/2913(RSP))

(2021/C 445/14)

The European Parliament,

| — | having regard to its previous resolutions and reports on the situation in China, in particular those of 19 December 2019 on the situation of the Uyghurs in China (China Cables) (1), of 18 April 2019 on China, notably the situation of religious and ethnic minorities (2), of 4 October 2018 on mass arbitrary detention of Uyghurs and Kazakhs in the Xinjiang Uyghur Autonomous Region (3), of 12 September 2018 on the state of EU-China relations (4), and of 15 December 2016 on the cases of the Larung Gar Tibetan Buddhist Academy and Ilham Tohti (5), of 10 March 2011 on the situation and cultural heritage in Kashgar (Xinjiang Uyghur Autonomous Region, China) (6), and of 26 November 2009 on China: minority rights and application of the death penalty (7), |
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—

having regard to its previous resolutions and reports on the situation in China, in particular those of 19 December 2019 on the situation of the Uyghurs in China (China Cables) (1), of 18 April 2019 on China, notably the situation of religious and ethnic minorities (2), of 4 October 2018 on mass arbitrary detention of Uyghurs and Kazakhs in the Xinjiang Uyghur Autonomous Region (3), of 12 September 2018 on the state of EU-China relations (4), and of 15 December 2016 on the cases of the Larung Gar Tibetan Buddhist Academy and Ilham Tohti (5), of 10 March 2011 on the situation and cultural heritage in Kashgar (Xinjiang Uyghur Autonomous Region, China) (6), and of 26 November 2009 on China: minority rights and application of the death penalty (7),

| — | having regard to its resolution of 26 November 2020 on the EU Trade Policy Review (8), |
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—

having regard to its resolution of 26 November 2020 on the EU Trade Policy Review (8),

| — | having regard to the Sakharov Prize 2019 awarded to Ilham Tohti, a Uyghur economist fighting peacefully for the rights of China’s Uyghur minority, |
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—

having regard to the Sakharov Prize 2019 awarded to Ilham Tohti, a Uyghur economist fighting peacefully for the rights of China’s Uyghur minority,

| — | having regard to Council Regulation (EU) 2020/1998 (9) and to Council Decision (CFSP) 2020/1999 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses (10), |
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—

having regard to Council Regulation (EU) 2020/1998 (9) and to Council Decision (CFSP) 2020/1999 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses (10),

| — | having regard to the remarks by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) Josep Borrell following the Foreign Affairs Council of 7 December 2020, |
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—

having regard to the remarks by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) Josep Borrell following the Foreign Affairs Council of 7 December 2020,

| — | having regard to the Council conclusions of 1 December 2020 on human rights and decent work in global supply chains |
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—

having regard to the Council conclusions of 1 December 2020 on human rights and decent work in global supply chains

| — | having regard to the remarks by Council President Charles Michel after the EU-China leaders’ meeting of 14 September 2020, |
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—

having regard to the remarks by Council President Charles Michel after the EU-China leaders’ meeting of 14 September 2020,

| — | having regard to the joint statement of President Michel and President von der Leyen on defending EU interests and values in a complex and vital partnership following the 22nd EU-China summit that took place on 22 June 2020, |
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—

having regard to the joint statement of President Michel and President von der Leyen on defending EU interests and values in a complex and vital partnership following the 22nd EU-China summit that took place on 22 June 2020,

| — | having regard to the UN experts’ call of 26 June 2020 for decisive measures to protect fundamental freedoms in China, |
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—

having regard to the UN experts’ call of 26 June 2020 for decisive measures to protect fundamental freedoms in China,

| — | having regard to the joint statement of the 21st EU-China summit of 9 April 2019, |
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—

having regard to the joint statement of the 21st EU-China summit of 9 April 2019,

| — | having regard to the joint communication from the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of 12 March 2019 entitled ‘EU-China — A strategic outlook’ (JOIN(2019)0005), |
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—

having regard to the joint communication from the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of 12 March 2019 entitled ‘EU-China — A strategic outlook’ (JOIN(2019)0005),

| — | having regard to the EU guidelines on the promotion and protection of freedom of religion or belief, adopted by the Foreign Affairs Council on 24 June 2013, |
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—

having regard to the EU guidelines on the promotion and protection of freedom of religion or belief, adopted by the Foreign Affairs Council on 24 June 2013,

| — | having regard to the statement of 26 October 2018 by the Spokesperson of the European External Action Service on the situation in Xinjiang, |
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—

having regard to the statement of 26 October 2018 by the Spokesperson of the European External Action Service on the situation in Xinjiang,

| — | having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 12 March 2019 entitled ‘EU-China — A strategic outlook’ (JOIN(2019)0005), |
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—

having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 12 March 2019 entitled ‘EU-China — A strategic outlook’ (JOIN(2019)0005),

| — | having regard to the Charter of Fundamental Rights of the European Union, which stipulates that ‘no one shall be held in slavery or servitude’ and that ‘no one shall be required to perform forced or compulsory labour’, |
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—

having regard to the Charter of Fundamental Rights of the European Union, which stipulates that ‘no one shall be held in slavery or servitude’ and that ‘no one shall be required to perform forced or compulsory labour’,

| — | having regard to the EU Strategic Framework and Action Plan on Human Rights and Democracy of 25 June 2012, which puts the protection and promotion of human rights at the heart of all EU policies, |
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—

having regard to the EU Strategic Framework and Action Plan on Human Rights and Democracy of 25 June 2012, which puts the protection and promotion of human rights at the heart of all EU policies,

| — | having regard to the EU Guidelines on the death penalty, on torture and other cruel treatment, on freedom of expression online and offline and on human rights defenders, |
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—

having regard to the EU Guidelines on the death penalty, on torture and other cruel treatment, on freedom of expression online and offline and on human rights defenders,

| — | having regard to Article 36 of the Constitution of the People’s Republic of China, which guarantees all citizens the right to freedom of religious belief, and to Article 4 thereof, which upholds the rights of minority ethnicities, |
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—

having regard to Article 36 of the Constitution of the People’s Republic of China, which guarantees all citizens the right to freedom of religious belief, and to Article 4 thereof, which upholds the rights of minority ethnicities,

| — | having regard to the International Covenant on Civil and Political Rights of 16 December 1966, which China signed in 1998, but which it has never ratified, |
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—

having regard to the International Covenant on Civil and Political Rights of 16 December 1966, which China signed in 1998, but which it has never ratified,

| — | having regard to the Protocol of 2014 to the International Labour Organization (ILO) Forced Labour Convention of 1930, which has not been signed by China, |
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—

having regard to the Protocol of 2014 to the International Labour Organization (ILO) Forced Labour Convention of 1930, which has not been signed by China,

| — | having regard to the UN Guiding Principles on Business and Human Rights of 2011, |
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—

having regard to the UN Guiding Principles on Business and Human Rights of 2011,

| — | having regard to the reports of the Australian Strategic Policy Institute (ASPI) entitled ‘Uyghurs for sale — “Re-education”, forced labour and surveillance beyond Xinjiang’ and ‘Cultural erasure — Tracing the destruction of Uyghur and Islamic spaces in Xinjiang’ published in 2020, as well as its ‘Xinjiang Data Project’, |
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—

having regard to the reports of the Australian Strategic Policy Institute (ASPI) entitled ‘Uyghurs for sale — “Re-education”, forced labour and surveillance beyond Xinjiang’ and ‘Cultural erasure — Tracing the destruction of Uyghur and Islamic spaces in Xinjiang’ published in 2020, as well as its ‘Xinjiang Data Project’,

| — | having regard to the Universal Declaration of Human Rights of 1948, |
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—

having regard to the Universal Declaration of Human Rights of 1948,

| — | having regard to Rule 144(5) and 132(4) of its Rules of Procedure, |
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—

having regard to Rule 144(5) and 132(4) of its Rules of Procedure,

| A. | whereas the promotion of and respect for human rights, democracy and the rule of law should remain at the centre of the long-standing relationship between the EU and China, in line with the EU’s commitment to upholding these values in its external action and China’s expressed interest in adhering to them in its own development and international cooperation; |
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A.

whereas the promotion of and respect for human rights, democracy and the rule of law should remain at the centre of the long-standing relationship between the EU and China, in line with the EU’s commitment to upholding these values in its external action and China’s expressed interest in adhering to them in its own development and international cooperation;

| B. | whereas the situation in Xinjiang, where more than 10 million Muslim Uyghurs and Kazakhs live, has rapidly deteriorated, particularly since the launch of the Chinese Government’s ‘Strike Hard against Violent Terrorism’ campaign in 2014, and whereas Uyghurs and other primarily Muslim ethnic minorities in the Xinjiang Uyghur Autonomous Region have been subjected to arbitrary detention, torture, egregious restrictions on religious practice and culture, and a digitalised surveillance system so pervasive that every aspect of daily life is monitored — through facial recognition cameras, mobile phone scans, the large-scale illegal collection, aggregation and processing of personal data, and an extensive and intrusive police presence; whereas there has been a general strengthening of the Chinese regime and a toughening of the treatment of minorities, in particular of Uyghurs, Tibetans and Mongolians, with the aim of assimilating them through the imposition of the Chinese majority lifestyle and communist ideology; whereas predictive policing platforms such as the Integrated Joint Operation Platform have been extensively used by the police to track suspicious individuals based on everyday, lawful and non-violent behaviour; |
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B.

whereas the situation in Xinjiang, where more than 10 million Muslim Uyghurs and Kazakhs live, has rapidly deteriorated, particularly since the launch of the Chinese Government’s ‘Strike Hard against Violent Terrorism’ campaign in 2014, and whereas Uyghurs and other primarily Muslim ethnic minorities in the Xinjiang Uyghur Autonomous Region have been subjected to arbitrary detention, torture, egregious restrictions on religious practice and culture, and a digitalised surveillance system so pervasive that every aspect of daily life is monitored — through facial recognition cameras, mobile phone scans, the large-scale illegal collection, aggregation and processing of personal data, and an extensive and intrusive police presence; whereas there has been a general strengthening of the Chinese regime and a toughening of the treatment of minorities, in particular of Uyghurs, Tibetans and Mongolians, with the aim of assimilating them through the imposition of the Chinese majority lifestyle and communist ideology; whereas predictive policing platforms such as the Integrated Joint Operation Platform have been extensively used by the police to track suspicious individuals based on everyday, lawful and non-violent behaviour;

| C. | whereas according to credible reports, more than one million people, are, or have been, detained in what are being called ‘political re-education’ centres, in the largest mass incarceration of an ethnic minority population in the world today; whereas the internment camp system in the Xinjiang Uyghur Autonomous Region is expanding, with more than 380 suspected detention facilities having been newly built or expanded since 2017, and at least 61 detention sites newly constructed or expanded between July 2019 and July 2020; |
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C.

whereas according to credible reports, more than one million people, are, or have been, detained in what are being called ‘political re-education’ centres, in the largest mass incarceration of an ethnic minority population in the world today; whereas the internment camp system in the Xinjiang Uyghur Autonomous Region is expanding, with more than 380 suspected detention facilities having been newly built or expanded since 2017, and at least 61 detention sites newly constructed or expanded between July 2019 and July 2020;

| D. | whereas the suffering of the Uyghurs also extends to the younger generation; whereas according to reports, young children have been sent to state-run orphanages even if only one of their parents has been detained in the internment camps; whereas according to research findings, by the end of 2019, over 880 000 Uyghur children had been placed in boarding facilities; whereas credible research shows that the Chinese authorities have implemented an official scheme of targeted birth prevention measures against Uyghur women in an effort to reduce Uyghur birth rates; whereas, as part of this scheme, the Chinese authorities are systematically subjecting Uyghur women of childbearing age to forced abortions, intrauterine injections and sterilisation, with 80 % of all new intrauterine device (IUD) placements in China in 2018 performed in the Uyghur region, despite the fact that it makes up only 1,8 % of China’s population; whereas such measures to prevent births within the Uyghur population could meet the criteria for belonging to the worst crimes against humanity; |
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D.

whereas the suffering of the Uyghurs also extends to the younger generation; whereas according to reports, young children have been sent to state-run orphanages even if only one of their parents has been detained in the internment camps; whereas according to research findings, by the end of 2019, over 880 000 Uyghur children had been placed in boarding facilities; whereas credible research shows that the Chinese authorities have implemented an official scheme of targeted birth prevention measures against Uyghur women in an effort to reduce Uyghur birth rates; whereas, as part of this scheme, the Chinese authorities are systematically subjecting Uyghur women of childbearing age to forced abortions, intrauterine injections and sterilisation, with 80 % of all new intrauterine device (IUD) placements in China in 2018 performed in the Uyghur region, despite the fact that it makes up only 1,8 % of China’s population; whereas such measures to prevent births within the Uyghur population could meet the criteria for belonging to the worst crimes against humanity;

| E. | whereas in August 2018, the UN Committee on the Elimination of Racial Discrimination challenged the Government of the People’s Republic of China over abuses in Xinjiang, including the establishment of mass arbitrary detention camps; whereas in September 2018, during her first ever speech in the role, the UN High Commissioner for Human Rights Michelle Bachelet noted the ‘deeply disturbing allegations of large-scale arbitrary detentions of Uyghurs and other Muslim communities, in so-called re-education camps across Xinjiang’; |
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E.

whereas in August 2018, the UN Committee on the Elimination of Racial Discrimination challenged the Government of the People’s Republic of China over abuses in Xinjiang, including the establishment of mass arbitrary detention camps; whereas in September 2018, during her first ever speech in the role, the UN High Commissioner for Human Rights Michelle Bachelet noted the ‘deeply disturbing allegations of large-scale arbitrary detentions of Uyghurs and other Muslim communities, in so-called re-education camps across Xinjiang’;

| F. | whereas the new regulations on religious affairs in China that took effect on 1 February 2018 are more restrictive towards religious groups and activities, and force them to fall more closely into line with party policies; whereas freedom of religion and conscience has reached a new low point since the start of the economic reforms and the opening up of China in the late 1970s; whereas China is home to one of the largest populations of religious prisoners; whereas credible reports have revealed the deliberate and systematic destruction of mosques, churches and other places of worship, mostly since 2017, reducing their numbers to the lowest level since the Cultural Revolution; |
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F.

whereas the new regulations on religious affairs in China that took effect on 1 February 2018 are more restrictive towards religious groups and activities, and force them to fall more closely into line with party policies; whereas freedom of religion and conscience has reached a new low point since the start of the economic reforms and the opening up of China in the late 1970s; whereas China is home to one of the largest populations of religious prisoners; whereas credible reports have revealed the deliberate and systematic destruction of mosques, churches and other places of worship, mostly since 2017, reducing their numbers to the lowest level since the Cultural Revolution;

| G. | whereas China has not yet ratified four of the eight ILO Fundamental Conventions, namely Convention no 87 on Freedom of Association and Protection of the Right to Organise, Convention no 98 on the Right to Organise and Collective Bargaining, Convention no 29 on Forced Labour and Convention no 105 on the Abolition of Forced Labour; whereas China has ratified Convention no 111 on Discrimination (Employment and Occupation) and Convention no 100 on Equal Remuneration; whereas WTO agreements allow for the adoption of trade measures relating to the products of prison labour; |
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G.

whereas China has not yet ratified four of the eight ILO Fundamental Conventions, namely Convention no 87 on Freedom of Association and Protection of the Right to Organise, Convention no 98 on the Right to Organise and Collective Bargaining, Convention no 29 on Forced Labour and Convention no 105 on the Abolition of Forced Labour; whereas China has ratified Convention no 111 on Discrimination (Employment and Occupation) and Convention no 100 on Equal Remuneration; whereas WTO agreements allow for the adoption of trade measures relating to the products of prison labour;

| H. | whereas, in parallel to the ‘Strike Hard Campaign against Violent Terrorism’, labour transfer programmes have increased since 2014, suggesting they have become a political priority for the Chinese Government as a tool of poverty alleviation in the Xinjiang Uyghur Autonomous Region; whereas there are several credible reports of forced Uyghur labour in production chains in the clothing, technology and automotive sectors, including the March 2020 report of the ASPI, which identified 27 factories in nine Chinese provinces that are using the labour of at least 80 000 Uyghurs transferred from Xinjiang between 2017 and 2019; whereas these factories supply at least 82 global brands, including those owned by many European multinational companies; |
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H.

whereas, in parallel to the ‘Strike Hard Campaign against Violent Terrorism’, labour transfer programmes have increased since 2014, suggesting they have become a political priority for the Chinese Government as a tool of poverty alleviation in the Xinjiang Uyghur Autonomous Region; whereas there are several credible reports of forced Uyghur labour in production chains in the clothing, technology and automotive sectors, including the March 2020 report of the ASPI, which identified 27 factories in nine Chinese provinces that are using the labour of at least 80 000 Uyghurs transferred from Xinjiang between 2017 and 2019; whereas these factories supply at least 82 global brands, including those owned by many European multinational companies;

| I. | whereas China is one of the world’s largest cotton producers, with the Xinjiang Uyghur Autonomous Region accounting for over 20 % of global cotton production; whereas China is the largest producer and exporter of yarn, and the largest producer and exporter of textiles and apparel; whereas the Chinese Government plans to double manufacturing capacity in the Uyghur Region by 2025, with apparel and textiles forming a key element of that plan; whereas three Uyghur regions alone mobilised at least 570 000 persons into cotton-picking operations through the government’s coercive labour training and transfer scheme in 2018 alone; whereas Xinjiang’s total labour transfer of ethnic minorities into cotton picking likely exceeds that figure by several hundred thousand, making forced labour an intrinsic and generalised characteristic of cotton harvesting in the Xinjiang Uyghur Autonomous Region; whereas 84 % of Chinese cotton comes from the Xinjiang Uyghur Autonomous Region, which means that the yarn, textiles and garments made with Chinese cotton are at extraordinarily high risk of being tainted with forced and prison labour, whether manufactured in China or anywhere else in the world; |
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I.

whereas China is one of the world’s largest cotton producers, with the Xinjiang Uyghur Autonomous Region accounting for over 20 % of global cotton production; whereas China is the largest producer and exporter of yarn, and the largest producer and exporter of textiles and apparel; whereas the Chinese Government plans to double manufacturing capacity in the Uyghur Region by 2025, with apparel and textiles forming a key element of that plan; whereas three Uyghur regions alone mobilised at least 570 000 persons into cotton-picking operations through the government’s coercive labour training and transfer scheme in 2018 alone; whereas Xinjiang’s total labour transfer of ethnic minorities into cotton picking likely exceeds that figure by several hundred thousand, making forced labour an intrinsic and generalised characteristic of cotton harvesting in the Xinjiang Uyghur Autonomous Region; whereas 84 % of Chinese cotton comes from the Xinjiang Uyghur Autonomous Region, which means that the yarn, textiles and garments made with Chinese cotton are at extraordinarily high risk of being tainted with forced and prison labour, whether manufactured in China or anywhere else in the world;

| J. | whereas more than 80 international brand-name corporations have been reported to allegedly profit directly or indirectly from Uyghur forced labour in their supply chains; whereas the current context of oppression prevents independent investigations and audits from being conducted in the Uyghur region; |
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J.

whereas more than 80 international brand-name corporations have been reported to allegedly profit directly or indirectly from Uyghur forced labour in their supply chains; whereas the current context of oppression prevents independent investigations and audits from being conducted in the Uyghur region;

| K. | whereas no reliable means are available to companies to verify that any workplace in the Xinjiang Uyghur Autonomous Region is free of forced labour or to prevent the use of forced labour in these workplaces in line with the UN Guiding Principles on Business and Human Rights and human rights due diligence standards; |
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K.

whereas no reliable means are available to companies to verify that any workplace in the Xinjiang Uyghur Autonomous Region is free of forced labour or to prevent the use of forced labour in these workplaces in line with the UN Guiding Principles on Business and Human Rights and human rights due diligence standards;

| L. | whereas under the current EU legislation (either at EU or national levels), companies have no legal responsibility to take action to prevent themselves from contributing to human rights abuses in their supply chains; whereas the EU Non-Financial Reporting Directive imposes a reporting obligation on companies, but does not require them to take steps to prevent harm in their supply chains or allows for them to be held accountable; |
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L.

whereas under the current EU legislation (either at EU or national levels), companies have no legal responsibility to take action to prevent themselves from contributing to human rights abuses in their supply chains; whereas the EU Non-Financial Reporting Directive imposes a reporting obligation on companies, but does not require them to take steps to prevent harm in their supply chains or allows for them to be held accountable;

| M. | whereas on the occasion of his hearing in its Committee on International Trade, Executive Vice-President Dombrovskis indicated that combating forced labour is a priority for the EU and that, also in the framework of the EU-China Comprehensive Agreement on Investment, EU investment will have to respect the relevant ILO conventions on forced labour; |
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M.

whereas on the occasion of his hearing in its Committee on International Trade, Executive Vice-President Dombrovskis indicated that combating forced labour is a priority for the EU and that, also in the framework of the EU-China Comprehensive Agreement on Investment, EU investment will have to respect the relevant ILO conventions on forced labour;

| N. | whereas its Committee on Legal Affairs is currently working on an initiative on ‘corporate due diligence and corporate accountability’; whereas the Council published its conclusions on human rights and decent work in global supply chains on 1 December 2020, which call on the Commission to table a proposal for an EU legal framework on sustainable corporate governance, including cross-sector corporate due diligence obligations along global supply chains; whereas the Commission announced that it will put forward a legislative proposal on ‘Sustainable Corporate Governance’ in the second quarter of 2021, which will address the need for human rights due diligence across value chains; |
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N.

whereas its Committee on Legal Affairs is currently working on an initiative on ‘corporate due diligence and corporate accountability’; whereas the Council published its conclusions on human rights and decent work in global supply chains on 1 December 2020, which call on the Commission to table a proposal for an EU legal framework on sustainable corporate governance, including cross-sector corporate due diligence obligations along global supply chains; whereas the Commission announced that it will put forward a legislative proposal on ‘Sustainable Corporate Governance’ in the second quarter of 2021, which will address the need for human rights due diligence across value chains;

| O. | whereas the Council has adopted a decision and a regulation establishing the EU global human rights sanction regime which enables the EU to impose restrictive measures on targeted individuals, entities and bodies, including states and non-state actors, responsible for, involved in or associated with serious human rights violations and abuses worldwide, including slavery; |
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O.

whereas the Council has adopted a decision and a regulation establishing the EU global human rights sanction regime which enables the EU to impose restrictive measures on targeted individuals, entities and bodies, including states and non-state actors, responsible for, involved in or associated with serious human rights violations and abuses worldwide, including slavery;

| P. | whereas the US Congress passed the Uyghur Human Rights Policy Act in 2019; whereas on 22 September 2020, the US House of Representatives adopted the Uyghur Forced Labor Prevention Act that imposes various restrictions related to the Xinjiang Uyghur Autonomous Region, including by prohibiting certain imports from Xinjiang and imposing sanctions on the individuals and entities responsible for human rights violations there; |
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P.

whereas the US Congress passed the Uyghur Human Rights Policy Act in 2019; whereas on 22 September 2020, the US House of Representatives adopted the Uyghur Forced Labor Prevention Act that imposes various restrictions related to the Xinjiang Uyghur Autonomous Region, including by prohibiting certain imports from Xinjiang and imposing sanctions on the individuals and entities responsible for human rights violations there;

| Q. | whereas China has made progress in the economic and social fields, but is dismally failing to guarantee basic international standards of human rights and fundamental freedoms; |
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Q.

whereas China has made progress in the economic and social fields, but is dismally failing to guarantee basic international standards of human rights and fundamental freedoms;

| R. | whereas in its Strategic Framework on Human Rights and Democracy, the EU pledged to step up its efforts to promote human rights, democracy and the rule of law across all aspects of its external action, and to place human rights at the centre of its relations with all third countries, including its strategic partners; |
| --- | --- |

R.

whereas in its Strategic Framework on Human Rights and Democracy, the EU pledged to step up its efforts to promote human rights, democracy and the rule of law across all aspects of its external action, and to place human rights at the centre of its relations with all third countries, including its strategic partners;

| 1. | Strongly condemns the government-led system of forced labour, in particular the exploitation of Uyghur, ethnic Kazakh and Kyrgyz, and other Muslim minority groups, in factories both within and outside of internment camps in Xinjiang, as well as the transfer of forced labourers to other Chinese administrative divisions, and the fact that well-known European brands and companies have been benefiting from the use of forced labour; calls on the relevant actors from the private sector to assess their engagements in Xinjiang, to exercise their corporate responsibility, to conduct independent audits of human rights compliance in their full supply chains, and to terminate business relations where these are found to abet human rights violations or, where it is impossible to ascertain whether there have been violations, either directly or indirectly, through the activity of one of their suppliers or business relationships on their value chain in China; |
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1.

| 2. | Is deeply concerned about the increasingly oppressive regime that many religious and ethnic minorities, in particular the Uyghurs and the Kazakhs, are facing, which violate their human dignity, as well as their rights to freedom of cultural expression and religious belief, to freedom of speech and expression, and to peaceful assembly and association; deplores the worsening human rights situation across mainland China and in Hong Kong, and demands that the Chinese authorities respect fundamental freedoms; |
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2.

| 3. | Deeply deplores the ongoing persecution and the serious and systematic human rights violations that amount to crimes against humanity; urges the Chinese Government to put an immediate end to the practice of arbitrary detention without charge, trial or conviction for criminal offences of members of the Uyghur and other Muslim minorities, to close all camps and detention centres, and to immediately and unconditionally release those detained; calls on the Chinese authorities to cease government-sponsored programmes of forced labour and mass sterilisation; calls on the Chinese authorities in the Xinjiang Uyghur Autonomous Region to provide information about the location and medical conditions of those detained, and to immediately release them if there is no evidence of actual criminal activity; |
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3.

| 4. | Strongly condemns the extensive use of digital surveillance technologies to monitor and control the population in Xinjiang, and the most recently revealed tests of facial recognition software which could send ‘Uyghur alarms’ to government authorities when its camera systems identify members of the Uyghur minority; regrets the fact that China is not complying with its own commitments entered into by adhering to the Organisation for Economic Co-operation and Development principles on human-centred artificial intelligence and by having subscribed to the G20 declaration of June 2019, and calls on the Commission and the Member States to continue calling on China to adhere to its own commitments in this regard; |
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4.

| 5. | Calls on the Chinese authorities to allow free, meaningful and unhindered access to Xinjiang province, and unrestricted access to the internment camps for journalists and international observers, including to EU officials, following President Xi Jinping’s invitation during the EU-China Summit of 14 September 2020, to the UN High Commissioner for Human Rights, the EU Special Representative for Human Rights and the mandate holders of the UN Human Rights Council Special Procedures; calls for the EU and the Member States to continue insisting on the establishment of a UN fact-finding mission to Xinjiang and the appointment of a Special Envoy; |
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5.

| 6. | Requests China to allow a mission from the European Parliament to Xinjiang on the condition that it is given free and unrestricted access, while guaranteeing confidentiality and safety for the local population; |
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6.

| 7. | Strongly condemns the reported massive campaign by the Chinese Communist Party to suppress Uyghur birth rates in Xinjiang, and calls on the Chinese authorities to put an immediate end to any measures aimed at preventing births in the Uyghur population, including forced sterilisations, abortions or sanctions against birth control violations; |
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7.

| 8. | Urges the Chinese Government to ratify and implement ILO Convention no29 on Forced Labour, ILO Convention no105 on the Abolition of Forced Labour, ILO Convention no87 on Freedom of Association and Protection of the Right to Organise and ILO Convention no98 on the Right to Organise and to Collective Bargaining; urges China to ratify the International Covenant on Civil and Political Rights; |
| --- | --- |

8.

| 9. | Expresses deep concern over reports concerning the harassment of Uyghurs abroad by the Chinese authorities in order to force them to act as informants against other Uyghurs, return to Xinjiang or remain silent about the situation there, sometimes by detaining their family members; calls on the Commission and all EU Member States to investigate these reports as a matter of urgency, to ensure the protection of members of the Xinjiang diaspora, and to expedite asylum requests from Uyghurs and other Turkic Muslims; welcomes the decision taken by Germany and Sweden to suspend the return of all ethnic Uyghurs, Kazakhs or other Turkic Muslims to China in view of the risk of arbitrary detention, torture or other ill-treatment; |
| --- | --- |

9.

| 10. | Calls on the Commission and the Member States to start a dialogue with states where Uyghurs are at risk of deportation to China to prevent such deportations from occurring; calls on members of the Council to suspend their extradition treaties with the People’s Republic of China, to prevent the extradition of Uyghurs, citizens of Hong Kong, Tibetans, or Chinese dissidents in Europe to stand political trial in the People’s Republic of China; |
| --- | --- |

10.

| 11. | Calls on the EU to proactively work towards an independent UN inquiry on China with a view to ensuring accountability for the crimes committed; |
| --- | --- |

11.

| 12. | Express its deep concern at the Chinese state’s measures to ensure the ‘comprehensive supervision’ of Xinjiang through the installation of Skynet electronic surveillance in major urban areas and GPS trackers in all motor vehicles, the use of facial recognition scanners at checkpoints and train and petrol stations, using software based on artificial intelligence camera systems aimed at identifying Uyghurs and other members of ethnic minority groups, and the blood collection campaign by Xinjiang police in order to further expand China’s DNA database; expresses deep concern at the latest revelations concerning a list containing details of more than 2 000 Uighur detainees held in Aksu prefecture between 2016 and 2018; expresses further concerns that China is exporting such technologies to authoritarian regimes around the world; calls for the EU and the Member States to monitor the acquisition and development of these technologies, and the activity of their providers, and to refrain from giving them access to EU and national public funding and public procurement; |
| --- | --- |

12.

| 13. | Criticises the procurement of thermal cameras from Hikivision by Parliament’s administration and by the Commission; insists on the introduction of a circumspect procurement policy that takes human rights concerns duly into account; urges Parliament’s administration and its President to immediately sever any direct or indirect business relationship with Hikivision, and to improve the transparency of its procurement activities; |
| --- | --- |

13.

| 14. | Calls on the Chinese authorities to immediately and unconditionally release the Uyghur scholar and Sakharov Prize 2019 winner Ilham Tohti, and to ensure, in the meantime, that he has regular and unrestricted access to his family and the lawyers of his choice, and that he is not subjected to torture or other ill-treatment; calls for an immediate, effective and impartial investigation into the alleged torture of Ilham Tohti and for those responsible to be brought to justice; |
| --- | --- |

14.

| 15. | Welcomes the inclusion in the Commission’s Work Programme for 2021 of a legislative initiative on mandatory human rights supply chain due diligence legislation; calls on the Commission to adopt relevant legislative proposals during the second quarter of 2021 at the latest and as planned, comprising three distinct, yet mutually reinforcing proposals on directors’ duties and sustainable corporate governance, on corporate human rights and environmental due diligence, and on the reform of the Non-Financial Reporting Directive; is of the view that, in order to effectively address the issue of forced labour and other human rights violations in companies’ supply chains, such legislation should also include a prohibition of placing the relevant goods on the EU market; recalls, in this respect, its position in its recent resolution on the Trade Policy Review, calling for complementary measures, such as banning the import of products linked to severe human rights violations such as forced labour or child labour; |
| --- | --- |

15.

| 16. | Calls on the Member States, in accordance with their competences and national circumstances, to step up their efforts to effectively implement the UN Guiding Principles on Business and Human Rights, including through new or updated National Action Plans containing a mix of voluntary and mandatory measures; |
| --- | --- |

16.

| 17. | Is of the opinion that the Comprehensive Agreement on Investment with China must include adequate commitments to respect international conventions against forced labour; considers, in particular, that China should therefore ratify ILO Conventions 29 and 105; |
| --- | --- |

17.

| 18. | Welcomes the recent agreement reached by the co-legislators on the reform of the EU Dual Use Regulation on the grounds of national security and human rights considerations; |
| --- | --- |

18.

| 19. | Urges the Commission, the Council and the Member States to take all necessary measures to persuade the Chinese Government to close the camps and to end all human rights violations in Xinjiang and in other places, such as Tibet; calls for the EU and its Member States to reiterate this message to the Chinese Government on every occasion and at the highest levels; regrets the fact that the approach taken and the tools used by the EU so far have not yielded tangible progress in China’s human rights record, which has only deteriorated over the last decade; urges the Commission to devise and implement a holistic EU strategy with a view to securing genuine progress on human rights in China; urges the Chinese authorities to continue to implement the national reforms required to ratify the 1966 International Covenant on Civil and Political Rights, which was signed by China in 1998, and to implement the recommendations of UN human rights bodies; |
| --- | --- |

19.

| 20. | Welcomes the adoption of the EU Global Human Rights Sanctions Regime on 7 December 2020; calls on the Member States and the High Representative of the Union for Foreign Affairs and Security Policy to swiftly evaluate the adoption of sanctions against the Chinese officials and state-led entities, such as Xinjiang Production and Construction Corporation, responsible for devising and implementing the policy of mass detention of Uyghurs and other Turkic Muslims in Xinjiang, for the use of forced labour, and for orchestrating the severe repression of religious freedom, freedom of movement and other basic rights in the region and in other places, such as Tibet; |
| --- | --- |

20.

| 21. | Calls on the Council and Commission to implement the package of measures agreed in July, including the creation of a ‘lifeboat scheme’ for oppressed people in China, following the further deterioration in human rights and fundamental freedoms; |
| --- | --- |

21.

| 22. | Reiterates its support for the forthcoming EU-US Dialogue on China, and urges that human rights should feature prominently on its agenda; calls for greater coordination among democracies in implementing sanctions and other measures to address human rights violations in mainland China and Hong Kong, as well as the geopolitical challenges posed by the People’s Republic of China; |
| --- | --- |

22.

| 23. | Instructs its President to forward this resolution to the Council, the Commission, the Vice President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, and the Government and Parliament of the People’s Republic of China. |
| --- | --- |

23.

---

(1)  Texts adopted, P9_TA(2019)0110.

(2)  Texts adopted, P8_TA(2019)0422.

(3)  OJ C 11, 13.1.2020, p. 25.

(4)  OJ C 433, 23.12.2019, p. 103.

(5)  OJ C 238, 6.7.2018, p. 108.

(6)  OJ C 199 E, 7.7.2012, p. 185.

(7)  OJ C 285 E, 21.10.2010, p. 80.

(8)  Texts adopted, P9_TA(2020)0337.

(9)  OJ L 410 I, 7.12.2020, p. 1.

(10)  OJ L 410 I, 7.12.2020, p. 13.

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/121 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/121

---

P9_TA(2020)0376

Iran, in particular the case of 2012 Sakharov Prize Laureate Nasrin Sotoudeh

European Parliament resolution of 17 December 2020 on Iran, in particular the case of 2012 Sakharov Prize Laureate Nasrin Sotoudeh (2020/2914(RSP))

(2021/C 445/15)

The European Parliament,

| — | having regard its previous resolutions on Iran, in particular that of 13 December 2018 on Iran, notably the case of Nasrin Sotoudeh (1), and that of 17 September 2019 on the situation of women’s rights defenders and imprisoned EU dual nationals (2), |
| --- | --- |

—

having regard its previous resolutions on Iran, in particular that of 13 December 2018 on Iran, notably the case of Nasrin Sotoudeh (1), and that of 17 September 2019 on the situation of women’s rights defenders and imprisoned EU dual nationals (2),

| — | having regard the statement of the United Nations Office of the High Commissioner for Human Rights (OHCHR) of 9 December 2020 on Iran, requesting the release of Nasrin Sotoudeh, |
| --- | --- |

—

having regard the statement of the United Nations Office of the High Commissioner for Human Rights (OHCHR) of 9 December 2020 on Iran, requesting the release of Nasrin Sotoudeh,

| — | having regard to the statement of the Spokesperson of the European External Action Service (EEAS) of 12 December 2020 on the execution of Mr Ruhollah Zam, |
| --- | --- |

—

having regard to the statement of the Spokesperson of the European External Action Service (EEAS) of 12 December 2020 on the execution of Mr Ruhollah Zam,

| — | having regard the statement of the OHCHR of 25 November 2020 calling on Iran to halt the execution of Ahmadreza Djalali, |
| --- | --- |

—

having regard the statement of the OHCHR of 25 November 2020 calling on Iran to halt the execution of Ahmadreza Djalali,

| — | having regard the statement of the UN Special Rapporteur on the situation of human rights in the Islamic Republic of Iran of 26 October 2020 urging accountability for violent protest crackdowns and his report of 21 July 2020 on the situation of human rights in the Islamic Republic of Iran, |
| --- | --- |

—

having regard the statement of the UN Special Rapporteur on the situation of human rights in the Islamic Republic of Iran of 26 October 2020 urging accountability for violent protest crackdowns and his report of 21 July 2020 on the situation of human rights in the Islamic Republic of Iran,

| — | having regard to the 5th European Union — Iran High Level Dialogue of 9 December 2020, |
| --- | --- |

—

having regard to the 5th European Union — Iran High Level Dialogue of 9 December 2020,

| — | having regard to the EU Guidelines on Human Rights Defenders, |
| --- | --- |

—

having regard to the EU Guidelines on Human Rights Defenders,

| — | having regard to the EU Guidelines on the Death Penalty, on Torture and on Freedom of Expression, |
| --- | --- |

—

having regard to the EU Guidelines on the Death Penalty, on Torture and on Freedom of Expression,

| — | having regard to the awarding of the Sakharov Prize for Freedom of Thought to Nasrin Sotoudeh in 2012, |
| --- | --- |

—

having regard to the awarding of the Sakharov Prize for Freedom of Thought to Nasrin Sotoudeh in 2012,

| — | having regard to the Universal Declaration of Human Rights of 1948, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights of 1948,

| — | having regard to Rule 144(5) and 132(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 144(5) and 132(4) of its Rules of Procedure,

| A. | whereas Nasrin Sotoudeh, the winner of the 2012 Sakharov Prize for Freedom of Thought, is an Iranian lawyer, human rights activist and political prisoner who, over the past 15 years, has fought for the rights of women, children, religious minorities, journalists and artists, as well as those facing the death penalty, and as a result, has been continuously targeted and harassed by the Iranian authorities and has been arrested and imprisoned several times; whereas her prosecution and the charges brought against her demonstrate the grave extent to which the Iranian judiciary is criminalising human rights activism; |
| --- | --- |

A.

whereas Nasrin Sotoudeh, the winner of the 2012 Sakharov Prize for Freedom of Thought, is an Iranian lawyer, human rights activist and political prisoner who, over the past 15 years, has fought for the rights of women, children, religious minorities, journalists and artists, as well as those facing the death penalty, and as a result, has been continuously targeted and harassed by the Iranian authorities and has been arrested and imprisoned several times; whereas her prosecution and the charges brought against her demonstrate the grave extent to which the Iranian judiciary is criminalising human rights activism;

| B. | whereas Nasrin Sotoudeh has been arbitrarily detained since 13 June 2018 for representing women who protested against Iran’s mandatory hijab law and was sentenced in absentia in March 2019 to 33 years in prison and 148 lashes; whereas UN experts have on numerous occasions raised serious concerns that her current detention is arbitrary and called for her release; |
| --- | --- |

B.

whereas Nasrin Sotoudeh has been arbitrarily detained since 13 June 2018 for representing women who protested against Iran’s mandatory hijab law and was sentenced in absentia in March 2019 to 33 years in prison and 148 lashes; whereas UN experts have on numerous occasions raised serious concerns that her current detention is arbitrary and called for her release;

| C. | whereas Nasrin Sotoudeh was temporarily released on 7 November 2020 following a positive test for COVID-19; whereas she was ordered to return to Qarchak prison, a women’s detention centre in Teheran known for cruel and inhuman detention conditions, on 2 December 2020; whereas this decision on the part of the Iranian authorities may have life-threatening consequences for her and further extends her arbitrary imprisonment in violation of Iran’s obligations under international human rights law; |
| --- | --- |

C.

whereas Nasrin Sotoudeh was temporarily released on 7 November 2020 following a positive test for COVID-19; whereas she was ordered to return to Qarchak prison, a women’s detention centre in Teheran known for cruel and inhuman detention conditions, on 2 December 2020; whereas this decision on the part of the Iranian authorities may have life-threatening consequences for her and further extends her arbitrary imprisonment in violation of Iran’s obligations under international human rights law;

| D. | whereas Nasrin Sotudeh’s family, relatives and friends, notably her husband Reza Khandan, have been targeted by the Iranian authorities with the aim of silencing them and stopping any campaigning for the release of Nasrin Sotoudeh; |
| --- | --- |

D.

whereas Nasrin Sotudeh’s family, relatives and friends, notably her husband Reza Khandan, have been targeted by the Iranian authorities with the aim of silencing them and stopping any campaigning for the release of Nasrin Sotoudeh;

| E. | whereas the arrest of Nasrin Sotoudeh is part of an intensified crackdown against women’s rights defenders in Iran; whereas women’s rights defenders who have actively campaigned to enhance women’s empowerment and rights have suffered harassment, arbitrary arrests and detentions, and their rights to a fair trial due process have been violated; |
| --- | --- |

E.

whereas the arrest of Nasrin Sotoudeh is part of an intensified crackdown against women’s rights defenders in Iran; whereas women’s rights defenders who have actively campaigned to enhance women’s empowerment and rights have suffered harassment, arbitrary arrests and detentions, and their rights to a fair trial due process have been violated;

| F. | whereas Ahmadreza Djalali, an Iranian-Swedish medical doctor and academic and professor at VUB University in Belgium and Universita degli Studi del Piemonte Orientale in Italy who was sentenced to death on spurious espionage charges in October 2017, has reportedly been transferred to solitary confinement in preparation for his execution, despite widely held findings which confirm that his trial was grossly unfair and that his conviction was based on a forced confession extracted under torture; whereas he has received threats from Iranian officials to kill him and his family in Sweden and Iran; whereas in a letter written from Evin political prison, he wrote that the reason behind his detention was that he objected to spying for Iran against European institutions; whereas Dr Djalali was informed on 24 November 2020 that his execution was imminent; |
| --- | --- |

F.

whereas Ahmadreza Djalali, an Iranian-Swedish medical doctor and academic and professor at VUB University in Belgium and Universita degli Studi del Piemonte Orientale in Italy who was sentenced to death on spurious espionage charges in October 2017, has reportedly been transferred to solitary confinement in preparation for his execution, despite widely held findings which confirm that his trial was grossly unfair and that his conviction was based on a forced confession extracted under torture; whereas he has received threats from Iranian officials to kill him and his family in Sweden and Iran; whereas in a letter written from Evin political prison, he wrote that the reason behind his detention was that he objected to spying for Iran against European institutions; whereas Dr Djalali was informed on 24 November 2020 that his execution was imminent;

| G. | whereas on 12 December 2020, journalist Ruhollah Zam was executed by hanging following a rushed Supreme Court decision of 8 December 2020 to uphold his capital sentence for vague charges of ‘corruption on earth’, which were supported by forcibly extracted confessions; whereas Mr Zam, who had been granted asylum in France in 2009 and ran a popular Telegram channel critical of the Iranian authorities, was lured to Iraq and kidnapped and taken to Iran by Iranian authorities; whereas his execution for exercising his right to freedom of expression constitutes a blatant violation of international human rights law; |
| --- | --- |

G.

whereas on 12 December 2020, journalist Ruhollah Zam was executed by hanging following a rushed Supreme Court decision of 8 December 2020 to uphold his capital sentence for vague charges of ‘corruption on earth’, which were supported by forcibly extracted confessions; whereas Mr Zam, who had been granted asylum in France in 2009 and ran a popular Telegram channel critical of the Iranian authorities, was lured to Iraq and kidnapped and taken to Iran by Iranian authorities; whereas his execution for exercising his right to freedom of expression constitutes a blatant violation of international human rights law;

| H. | whereas the EU national and prominent French-Iranian academic Fariba Adelkhah, a research director at Sciences Po University Paris, has been arbitrarily detained since June 2019 at Evin prison; |
| --- | --- |

H.

whereas the EU national and prominent French-Iranian academic Fariba Adelkhah, a research director at Sciences Po University Paris, has been arbitrarily detained since June 2019 at Evin prison;

| I. | whereas EU-Iranian dual nationals continue to be arrested, with arrest followed by prolonged solitary confinement and interrogations, with a lack of due process, no access to a fair trial and long prison sentences based on vague or unspecified ‘national security’ and ‘espionage’ charges; whereas Iran does not recognise dual nationality, thereby limiting the access foreign embassies have to their dual nationals being held there; |
| --- | --- |

I.

whereas EU-Iranian dual nationals continue to be arrested, with arrest followed by prolonged solitary confinement and interrogations, with a lack of due process, no access to a fair trial and long prison sentences based on vague or unspecified ‘national security’ and ‘espionage’ charges; whereas Iran does not recognise dual nationality, thereby limiting the access foreign embassies have to their dual nationals being held there;

| J. | whereas Iranian courts fall short in providing due process and fair trials, with denial of access to legal counsel, particularly during the investigation period, and denial of consular, UN or humanitarian organisation visits; whereas sentences by the Iranian judiciary are often based on vague or unspecified national security and espionage charges; whereas there are no independent mechanisms for ensuring accountability within the judiciary, and serious concerns remain over the politicisation of judges; |
| --- | --- |

J.

whereas Iranian courts fall short in providing due process and fair trials, with denial of access to legal counsel, particularly during the investigation period, and denial of consular, UN or humanitarian organisation visits; whereas sentences by the Iranian judiciary are often based on vague or unspecified national security and espionage charges; whereas there are no independent mechanisms for ensuring accountability within the judiciary, and serious concerns remain over the politicisation of judges;

| K. | whereas civil society protests in Iran against poverty, inflation, corruption and political authoritarianism have been met by the Iranian authorities with severe repression; whereas the Iranian intelligence service has intensified its crackdown on civil society workers and human rights defenders, lawyers, environmental activists, women’s rights defenders, students, journalists, teachers, truck drivers and peaceful activists; |
| --- | --- |

K.

whereas civil society protests in Iran against poverty, inflation, corruption and political authoritarianism have been met by the Iranian authorities with severe repression; whereas the Iranian intelligence service has intensified its crackdown on civil society workers and human rights defenders, lawyers, environmental activists, women’s rights defenders, students, journalists, teachers, truck drivers and peaceful activists;

| L. | whereas UN human rights experts have called on Iran to guarantee the rights of human rights defenders and lawyers who have been jailed for publicly supporting protests against the mandatory wearing of the hijab in Iran and have reiterated grave concerns with regard to the continuing executions of juvenile offenders in Iran; |
| --- | --- |

L.

whereas UN human rights experts have called on Iran to guarantee the rights of human rights defenders and lawyers who have been jailed for publicly supporting protests against the mandatory wearing of the hijab in Iran and have reiterated grave concerns with regard to the continuing executions of juvenile offenders in Iran;

| M. | whereas there have been numerous reports regarding the inhuman and degrading conditions in prisons and the refusal to provide adequate access to medical care during detention with the aim of intimidating, punishing, or coercing detainees, in contravention of the UN Standard Minimum Rules for the Treatment of Prisoners; |
| --- | --- |

M.

whereas there have been numerous reports regarding the inhuman and degrading conditions in prisons and the refusal to provide adequate access to medical care during detention with the aim of intimidating, punishing, or coercing detainees, in contravention of the UN Standard Minimum Rules for the Treatment of Prisoners;

| N. | whereas dozens of human rights defenders, journalists, lawyers, and activists continue to remain behind bars for peaceful activism and have been excluded from clemency and temporary releases implemented during the COVID-19 pandemic to reduce overcrowding in prisons; |
| --- | --- |

N.

whereas dozens of human rights defenders, journalists, lawyers, and activists continue to remain behind bars for peaceful activism and have been excluded from clemency and temporary releases implemented during the COVID-19 pandemic to reduce overcrowding in prisons;

| O. | whereas the UN Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, in his annual report delivered to the UN General Assembly on 21 July 2020, was dismayed by Iran’s continued use of the death penalty and its high execution figures and affirmed that reports received demonstrate a continued trend of restricting freedom of expression and ongoing discrimination against minorities and women; |
| --- | --- |

O.

whereas the UN Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, in his annual report delivered to the UN General Assembly on 21 July 2020, was dismayed by Iran’s continued use of the death penalty and its high execution figures and affirmed that reports received demonstrate a continued trend of restricting freedom of expression and ongoing discrimination against minorities and women;

| P. | whereas in this same report, the UN Special Rapporteur affirms that despite clear evidence that Iranian security forces used excessive and lethal force which caused the deaths of over 300 people, including women and children, at protests in November 2019, nearly one year on, the Iranian authorities have failed to conduct an investigation compliant with international standards; |
| --- | --- |

P.

whereas in this same report, the UN Special Rapporteur affirms that despite clear evidence that Iranian security forces used excessive and lethal force which caused the deaths of over 300 people, including women and children, at protests in November 2019, nearly one year on, the Iranian authorities have failed to conduct an investigation compliant with international standards;

| Q. | whereas the use of death sentences against protesters has been increasing, with a pattern of so-called confessions extracted under torture, after which protesters are executed without their lawyers or family members being informed, as was the case for wrestling star Navid Afkari, murdered by execution on 12 September 2020 for charges he fully denied; whereas his brothers remain in prison and have received very lengthy sentences for having participated in anti-government protests; |
| --- | --- |

Q.

whereas the use of death sentences against protesters has been increasing, with a pattern of so-called confessions extracted under torture, after which protesters are executed without their lawyers or family members being informed, as was the case for wrestling star Navid Afkari, murdered by execution on 12 September 2020 for charges he fully denied; whereas his brothers remain in prison and have received very lengthy sentences for having participated in anti-government protests;

| R. | whereas Parliament adopted a resolution calling for the establishment of an EEAS StratCom unit dedicated to the Middle East, notably Iran; |
| --- | --- |

R.

whereas Parliament adopted a resolution calling for the establishment of an EEAS StratCom unit dedicated to the Middle East, notably Iran;

| S. | whereas mass surveillance technologies are being used to quell online and street protests, including through online censorship; whereas state media have run disinformation campaigns against protesters and human rights defenders, with the involvement of leading national figures, with the aim of distorting the November 2019 protests; |
| --- | --- |

S.

whereas mass surveillance technologies are being used to quell online and street protests, including through online censorship; whereas state media have run disinformation campaigns against protesters and human rights defenders, with the involvement of leading national figures, with the aim of distorting the November 2019 protests;

| 1. | Strongly condemns the arbitrary detention, sentencing and, recently, return to prison of woman human rights defender and lawyer Nasrin Sotoudeh, and calls on the authorities of the Islamic Republic of Iran to immediately and unconditionally release her, as a matter of urgency, and allow her to receive the healthcare she requires; |
| --- | --- |

1.

| 2. | Strongly condemns the execution on 12 December 2020 of French-based journalist Ruhollah Zam, editor of the Amad News Telegram channel, and on 12 September 2020 of wrestler Navid Afkari; expresses its deepest condolences to their families, friends and colleagues; calls on the EU and its Member States’ institutions to provide more effective protection to Iranian nationals residing in the EU who are subjected to harassment and threats from Iranian intelligence services; |
| --- | --- |

2.

| 3. | Calls on Iran to immediately halt the imminent execution of Swedish-Iranian academic Ahmadreza Djalali, release and compensate him, and stop threatening his family in Iran and Sweden; strongly condemns, furthermore, his torture, arbitrary detention and death sentence; notes that Dr Djalali was told on 24 November 2020 that the prosecution authorities had issued an order to carry out the sentence and that he was moved to solitary confinement in section 209 of Evin prison; reiterates its calls for urgent interventions by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) and EU Member States, aimed at halting any plans to execute Ahmadreza Djalali, quashing his death sentence and securing his immediate release; |
| --- | --- |

3.

| 4. | Calls on all EU Member States to jointly make public statements and undertake diplomatic initiatives to monitor unfair trials and visit prisons where human rights defenders and other prisoners of conscience are being detained, including EU nationals in Iran, in line with the EU Guidelines on Human Rights Defenders; |
| --- | --- |

4.

| 5. | Calls on the Government of Iran to immediately and unconditionally release the hundreds of people arbitrarily detained for peacefully exercising their rights to freedom of opinion and expression including protesters, journalists, media workers, political dissidents, artists, writers and human rights defenders, including lawyers, women’s rights defenders, labour rights activists, minority rights activists, conservationists, anti-death penalty campaigners and others including those demanding truth, justice and reparation for the mass extrajudicial executions of the 1980s; emphasises that, pending their release, the Iranian authorities must guarantee their physical and mental; |
| --- | --- |

5.

| 6. | Urges Iran to immediately drop all charges and lift all travel restrictions on all European-Iranian dual nationals who are subjected to arbitrary detention and other restrictive measures, such as in the cases of Fariba Adelkhah, Nahid Taghavi, Kameel Ahmady and Nazanin Zaghari-Ratcliffe; reiterates its demand for the immediate and unconditional release of Kamran Ghaderi, Massoud Mossaheb and Morad Tahbaz, who are currently being detained in Iranian prisons, and denounces, once again, the continuing practice of imprisonment of EU-Iranian dual nationals by the Iranian judiciary following unfair trials, and their lack of access to consular support; |
| --- | --- |

6.

| 7. | Expresses concern at the physical assault and forcible transfer, on 13 December 2020, of the woman human rights defender Golrokh Iraee to Evin prison; calls for the immediate clarification of her situation and reiterates its demand for her release; |
| --- | --- |

7.

| 8. | Condemns in its strongest terms the crackdown on the rights to freedom of expression, association and peaceful assembly; urges the Iranian authorities to ensure the full implementation of the International Covenant on Civil and Political Rights, to which it is a party, and to ensure the right of all detainees to due process and a fair trial, including the right to be represented by a lawyer of their own choosing; |
| --- | --- |

8.

| 9. | Condemns the restrictions on civic space, the use of the death penalty as a weapon of political repression, the amputations, floggings and other cruel and inhuman punishments included in Iran’s penal code, the cruel and inhuman detention conditions, confessions obtained through torture or ill-treatment and the trial of civilians before revolutionary courts; denounces the use of the death penalty as a deterrent against peaceful dissent human rights activism and the right to exercise freedom of expression; calls on the Iranian Government to declare an immediate moratorium on all pending executions with a view to the full abolition of the death penalty; |
| --- | --- |

9.

| 10. | Notes the advances made by Iranian women in the fields of education, science and research, exemplified by the fact that the majority of students in Iranian universities are women; urges the Islamic Republic of Iran to eliminate, in law and in practice, all forms of discrimination and other human rights violations against women and girls; strongly supports the Iranian women and human rights defenders who keep on defending human rights despite the difficulties and personal repercussions they are facing; |
| --- | --- |

10.

| 11. | Calls on the Iranian authorities to address all forms of discrimination against persons belonging to ethnic and religious minorities, including Christians and Baha’i, and LGBTI persons, and to immediately and unconditionally release all those imprisoned for exercising their right to freedom of religion or belief or sexual orientation; |
| --- | --- |

11.

| 12. | Calls for the establishment of a UN-led inquiry into the crimes under international law and other serious human rights violations committed during the protests of November 2019 and January 2020; urges the EU and its Member States to adopt targeted restrictive measures against the officials responsible for those abuses; |
| --- | --- |

12.

| 13. | Strongly supports the aspirations of the Iranian people who want to live in a free, stable, inclusive and democratic country which respects its national and international commitments on human rights and fundamental freedoms; calls on the Iranian authorities to ensure independent and impartial investigations into all of the deaths that occurred at these protests, into all of those suspected of bearing criminal responsibility for the killing of protesters, and into all cases of victims being subjected to ongoing enforced disappearances and extrajudicial executions; calls on the Iranian authorities, furthermore, to exhume and return the remains of the victims to their families, to identify and prosecute the perpetrators, and to provide effective remedies for the victims; |
| --- | --- |

13.

| 14. | Welcomes the adoption of the Human Rights Sanctions Mechanism, the so-called Magnitsky Act, by the Council as an important EU instrument to sanction violators of human rights; calls for targeted measures against Iranian officials who have committed serious human rights violations including the recent executions of Ruhollah Zam and Navid Afkari and the arbitrary detention of dual and foreign nationals in Iran, as well as of those involved in gross human rights abuses, including judges who have sentenced to death journalists, human rights defenders, political dissidents and activists; |
| --- | --- |

14.

| 15. | Considers that further targeted sanctions will be necessary if the Iranian authorities do not free Dr Djalali, as the EU and its Member States are requesting; |
| --- | --- |

15.

| 16. | Calls on the Council to raise human rights violations as a core component of its bilateral cooperation with Iran, in line with the Joint Statement agreed by the VP/HR and the Iranian Foreign Minister in April 2016; calls on the EEAS to continue including human rights, particularly the situation of human rights defenders, in the context of the EU-Iran High Level Dialogue and strongly calls on the Iranian authorities to halt all acts of intimidation and reprisals against human rights defenders for communicating with EU and UN officials; |
| --- | --- |

16.

| 17. | Calls on the EEAS and EU Member States to fully support the laureates of the Sakharov Prize through their diplomatic and consular representations and by establishing an internal interinstitutional task force in support of Sakharov Prize laureates who are at risk; is of the view that support for laureates at risk should be enhanced on the part of EU delegations; |
| --- | --- |

17.

| 18. | Requests that the EEAS strengthen its capabilities to counter Iranian interference and disinformation on European soil; urges the Iranian authorities to lift their censorship of online services and content and to desist from using Internet shutdowns that are incompatible with international human rights; |
| --- | --- |

18.

| 19. | Calls on the EU and its Member States to address the particular vulnerability of women human rights defenders through adequate protection measures that shield them from the specific and gendered risks they are exposed to; |
| --- | --- |

19.

| 20. | Calls on the Iranian authorities to extend a standing invitation to the visit of all Special Procedures of the UN Human Rights Council and to cooperate in a proactive manner; urges them to ensure particularly that the UN Special Rapporteur on the situation of human rights in the Islamic Republic of Iran is allowed to enter the country; |
| --- | --- |

20.

| 21. | Instructs its President to forward this resolution to the Council, the Commission, the European External Action Service, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the Supreme Leader of the Islamic Republic of Iran, the President of the Islamic Republic of Iran, and the Members of the Iranian Majlis. |
| --- | --- |

21.

---

(1)  OJ C 388, 13.11.2020, p. 127.

(2)  Texts adopted, P9_TA(2019)0019.

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/126 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/126

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P9_TA(2020)0377

Implementation of the EU water legislation

European Parliament resolution of 17 December 2020 on the implementation of the EU water legislation (2020/2613(RSP))

(2021/C 445/16)

The European Parliament,

| — | having regard to the Treaty on the Functioning of the European Union, and in particular Article 191 thereof, |
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having regard to the Treaty on the Functioning of the European Union, and in particular Article 191 thereof,

| — | having regard to Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (1) (‘Water Framework Directive’ — WFD), |
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having regard to Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (1) (‘Water Framework Directive’ — WFD),

| — | having regard to Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (2) (‘Urban Waste Water Treatment Directive’ — UWWTD), |
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having regard to Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (2) (‘Urban Waste Water Treatment Directive’ — UWWTD),

| — | having regard to Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (3) (‘Groundwater Directive’), |
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having regard to Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (3) (‘Groundwater Directive’),

| — | having regard to Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (4) (‘Floods Directive’), |
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having regard to Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (4) (‘Floods Directive’),

| — | having regard to Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (5) (‘Nitrates Directive’), |
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having regard to Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (5) (‘Nitrates Directive’),

| — | having regard to Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (6) (‘Environmental Quality Standards Directive’), |
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having regard to Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (6) (‘Environmental Quality Standards Directive’),

| — | having regard to Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum requirements for water reuse (7), |
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having regard to Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum requirements for water reuse (7),

| — | having regard to Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (8), |
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having regard to Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (8),

| — | having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (9) (the REACH Regulation), |
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—

having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (9) (the REACH Regulation),

| — | having regard to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (10), |
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having regard to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (10),

| — | having regard to the Commission report of 10 December 2019 on the Fitness Check of the Water Framework Directive and the Floods Directive and its executive summary of the same date thereon, |
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—

having regard to the Commission report of 10 December 2019 on the Fitness Check of the Water Framework Directive and the Floods Directive and its executive summary of the same date thereon,

| — | having regard to the Commission evaluation of 13 December 2019 of the Council Directive 91/271/EEC of 21 May 1991, concerning urban waste-water treatment and the executive summary of the same date thereon, |
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—

having regard to the Commission evaluation of 13 December 2019 of the Council Directive 91/271/EEC of 21 May 1991, concerning urban waste-water treatment and the executive summary of the same date thereon,

| — | having regard to the Commission proposal of 1 February 2018 for a directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast) (COM(2017)0753), |
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having regard to the Commission proposal of 1 February 2018 for a directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast) (COM(2017)0753),

| — | having regard to the proposal for a regulation of the European Parliament and of the Council on the establishment of a Programme for the Union’s action in the field of health — for the period 2021-2027 and repealing Regulation (EU) No 282/2014 (‘EU4Health Programme’) (COM(2020)0405), |
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having regard to the proposal for a regulation of the European Parliament and of the Council on the establishment of a Programme for the Union’s action in the field of health — for the period 2021-2027 and repealing Regulation (EU) No 282/2014 (‘EU4Health Programme’) (COM(2020)0405),

| — | having regard to its resolution of 28 November 2019 on the climate and environment emergency (11), |
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having regard to its resolution of 28 November 2019 on the climate and environment emergency (11),

| — | having regard to the European Environment Agency (EEA) report of 4 December 2019 entitled ‘The European environment — state and outlook 2020: Knowledge for transition to a sustainable Europe, |
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having regard to the European Environment Agency (EEA) report of 4 December 2019 entitled ‘The European environment — state and outlook 2020: Knowledge for transition to a sustainable Europe,

| — | having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640), |
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having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640),

| — | having regard to the Commission communication of 10 March 2020 entitled “A New Industrial Strategy for Europe”, and in particular section 2.2 thereof entitled “An industry that paves the way to climate-neutrality” (COM(2020)0102), |
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having regard to the Commission communication of 10 March 2020 entitled “A New Industrial Strategy for Europe”, and in particular section 2.2 thereof entitled “An industry that paves the way to climate-neutrality” (COM(2020)0102),

| — | having regard to the EU Biodiversity Strategy for 2030 (12), |
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—

having regard to the EU Biodiversity Strategy for 2030 (12),

| — | having regard to the Farm to Fork Strategy (13), |
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—

having regard to the Farm to Fork Strategy (13),

| — | having regard to the 7th Environment Action Programme (14), |
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—

having regard to the 7th Environment Action Programme (14),

| — | having regard to the Commission communication of 14 January 2020 on the Sustainable Europe Investment Plan and the European Green Deal Investment Plan (COM(2020)0021), |
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having regard to the Commission communication of 14 January 2020 on the Sustainable Europe Investment Plan and the European Green Deal Investment Plan (COM(2020)0021),

| — | having regard to the Commission communication of 11 March 2020 entitled “A new Circular Economy Action Plan for a cleaner and more competitive Europe” (COM(2020)0098), |
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having regard to the Commission communication of 11 March 2020 entitled “A new Circular Economy Action Plan for a cleaner and more competitive Europe” (COM(2020)0098),

| — | having regard to the Commission communication of 27 May 2020 entitled “Europe’s moment: Repair and Prepare for the Next Generation” (COM(2020)0456), |
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having regard to the Commission communication of 27 May 2020 entitled “Europe’s moment: Repair and Prepare for the Next Generation” (COM(2020)0456),

| — | having regard to the Commission communication of 11 March 2019 entitled “European Union Strategic Approach to Pharmaceuticals in the Environment” (COM(2019)0128), |
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—

having regard to the Commission communication of 11 March 2019 entitled “European Union Strategic Approach to Pharmaceuticals in the Environment” (COM(2019)0128),

| — | having regard to the Paris Agreement, |
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—

having regard to the Paris Agreement,

| — | having regard to the study by the Organisation for Economic Co-operation and Development (OECD) of May 2020 entitled “Financing Water Supply, Sanitation and Flood Protection — Challenges in EU Member States and Policy Options”, |
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having regard to the study by the Organisation for Economic Co-operation and Development (OECD) of May 2020 entitled “Financing Water Supply, Sanitation and Flood Protection — Challenges in EU Member States and Policy Options”,

| — | having regard to the UN Sustainable Development Goals (SDGs), particularly SDG 6 on clean water and sanitation (15) and SDG 14 on the conservation and sustainable use of the oceans, seas and marine resources, |
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having regard to the UN Sustainable Development Goals (SDGs), particularly SDG 6 on clean water and sanitation (15) and SDG 14 on the conservation and sustainable use of the oceans, seas and marine resources,

| — | having regard to the global assessment report of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) of May 2019 on biodiversity and ecosystem services, |
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having regard to the global assessment report of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) of May 2019 on biodiversity and ecosystem services,

| — | having regard to Commission report of November 2019 entitled “Evaluation of the Impact of the CAP on Water”, |
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having regard to Commission report of November 2019 entitled “Evaluation of the Impact of the CAP on Water”,

| — | having regard to the UN Resolution 64/292 of 28 July 2010, which recognises the human right to water and sanitation, |
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having regard to the UN Resolution 64/292 of 28 July 2010, which recognises the human right to water and sanitation,

| — | having regard to the Court of Justice judgment of 28 May 2020 in Case C-535/18, IL and others v Land Nordrhein-Westfalen, |
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having regard to the Court of Justice judgment of 28 May 2020 in Case C-535/18, IL and others v Land Nordrhein-Westfalen,

| — | having regard to the Court of Justice judgment of 1 July 2015 in Case C-461/13, Bund für Umwelt und Naturschutz Deutschland e.V. v Bundesrepublik Deutschland (the Weser Case), |
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having regard to the Court of Justice judgment of 1 July 2015 in Case C-461/13, Bund für Umwelt und Naturschutz Deutschland e.V. v Bundesrepublik Deutschland (the Weser Case),

| — | having regard to the European Citizens’ Initiative “Right2Water” and the Parliament report on the follow-up to the European Citizens’ Initiative Right2Water, |
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having regard to the European Citizens’ Initiative “Right2Water” and the Parliament report on the follow-up to the European Citizens’ Initiative Right2Water,

| — | having regard to the opinion of the Committee of the Regions of 2 July 2020 on the Fitness Check of the Water Framework Directive, Groundwater Directive, Environmental Quality Standards Directive and Floods Directive (16), |
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having regard to the opinion of the Committee of the Regions of 2 July 2020 on the Fitness Check of the Water Framework Directive, Groundwater Directive, Environmental Quality Standards Directive and Floods Directive (16),

| — | having regard to opinion of the European Economic and Social Committee of 12 December 2018 on “Proposal for a Regulation of the European Parliament and of the Council on minimum requirements for water reuse (rolling programme)” (17), |
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having regard to opinion of the European Economic and Social Committee of 12 December 2018 on “Proposal for a Regulation of the European Parliament and of the Council on minimum requirements for water reuse (rolling programme)” (17),

| — | having regard to the questions to the Council and to the Commission on implementation of the EU water legislation (O-000077/2020 — B9-0077/2020 and O-000078/2020 — B9-0078/2020), |
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having regard to the questions to the Council and to the Commission on implementation of the EU water legislation (O-000077/2020 — B9-0077/2020 and O-000078/2020 — B9-0078/2020),

| — | having regard to Rules 136(5) and 132(2) of its Rules of Procedure, |
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having regard to Rules 136(5) and 132(2) of its Rules of Procedure,

| — | having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety, |
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having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety,

| A. | whereas water is essential for life and water management plays a vital role in the preservation of the EU’s ecosystem services, as well as in resource use and economic production; whereas the EU has to produce effective responses to the current water challenges and manage existing water resources efficiently, as they directly affect human health, the environment, its quality and ecosystems, energy production, agriculture and food security; |
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A.

whereas water is essential for life and water management plays a vital role in the preservation of the EU’s ecosystem services, as well as in resource use and economic production; whereas the EU has to produce effective responses to the current water challenges and manage existing water resources efficiently, as they directly affect human health, the environment, its quality and ecosystems, energy production, agriculture and food security;

| B. | whereas water is an essential element in the food cycle; whereas it is necessary that ground and surface water is of good quality and available in sufficient quantities in order to achieve a fair, healthy, environmentally friendly and sustainable food system as described in the Farm to Fork Strategy; whereas clean and sufficient water is an essential element in implementing and achieving a real circular economy in the EU; |
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B.

whereas water is an essential element in the food cycle; whereas it is necessary that ground and surface water is of good quality and available in sufficient quantities in order to achieve a fair, healthy, environmentally friendly and sustainable food system as described in the Farm to Fork Strategy; whereas clean and sufficient water is an essential element in implementing and achieving a real circular economy in the EU;

| C. | whereas water represents great value for the EU economy and whereas the EU’s water-dependent sectors generate 26 % of the EU’s annual gross added value, making it crucial to ensure continued availability of good-quality water, in sufficient quantities to serve all uses; |
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C.

whereas water represents great value for the EU economy and whereas the EU’s water-dependent sectors generate 26 % of the EU’s annual gross added value, making it crucial to ensure continued availability of good-quality water, in sufficient quantities to serve all uses;

| D. | whereas the WFD established a framework to protect 110 000 bodies of surface water in the EU, aiming to achieve “good ecological and chemical status” by 2015, to protect 13 400 bodies of groundwater in the EU, aiming to achieve “good quantitative and chemical status” by the same deadline, and to protect drinking water resources pursuant to Article 7(2); whereas the Fitness Check found significant shortcomings in the implementation of EU water legislation, the objectives of which are unlikely to be achieved by the final 2027 deadline unless all required implementation efforts are immediately initiated in the Member States and unless water-related sectoral policies are aligned with WFD requirements; whereas water management planning and programmes of measures (PoMs) should continue beyond the 2027 deadline, leading to further improvement of water quality and quantity; |
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D.

whereas the WFD established a framework to protect 110 000 bodies of surface water in the EU, aiming to achieve “good ecological and chemical status” by 2015, to protect 13 400 bodies of groundwater in the EU, aiming to achieve “good quantitative and chemical status” by the same deadline, and to protect drinking water resources pursuant to Article 7(2); whereas the Fitness Check found significant shortcomings in the implementation of EU water legislation, the objectives of which are unlikely to be achieved by the final 2027 deadline unless all required implementation efforts are immediately initiated in the Member States and unless water-related sectoral policies are aligned with WFD requirements; whereas water management planning and programmes of measures (PoMs) should continue beyond the 2027 deadline, leading to further improvement of water quality and quantity;

| E. | whereas 74 % of the area of bodies of groundwater is in good chemical status and whereas 89 % is in good quantitative status; whereas the gross nitrogen balance in the EU was reduced by 10 % between 2004 and 2015 (18); |
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E.

whereas 74 % of the area of bodies of groundwater is in good chemical status and whereas 89 % is in good quantitative status; whereas the gross nitrogen balance in the EU was reduced by 10 % between 2004 and 2015 (18);

| F. | whereas good chemical status has been achieved for only 38 % of surface water and just 40 % is in good ecological status or potential, and whereas the status of 16 % of surface water is still unknown because of a lack of data; whereas 81 % of surface water would achieve good chemical status if it were not polluted by ubiquitous, persistent bioaccumulative and toxic substances (uPBTs), such as mercury; whereas only one of the four WFD freshwater indicators analysed by the EEA has shown progress in the last 10-15 years (19); |
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F.

whereas good chemical status has been achieved for only 38 % of surface water and just 40 % is in good ecological status or potential, and whereas the status of 16 % of surface water is still unknown because of a lack of data; whereas 81 % of surface water would achieve good chemical status if it were not polluted by ubiquitous, persistent bioaccumulative and toxic substances (uPBTs), such as mercury; whereas only one of the four WFD freshwater indicators analysed by the EEA has shown progress in the last 10-15 years (19);

| G. | whereas according to the “one out, all out” principle, water status is considered good only if all elements of the assessment are considered good, which does not reflect improvements in individual parameters of water quality; whereas good status depends not only on mitigation measures to address current pressures, but also on restoration measures to address pressures from the past and on timely preventive measures against emerging threats (20); |
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G.

whereas according to the “one out, all out” principle, water status is considered good only if all elements of the assessment are considered good, which does not reflect improvements in individual parameters of water quality; whereas good status depends not only on mitigation measures to address current pressures, but also on restoration measures to address pressures from the past and on timely preventive measures against emerging threats (20);

| H. | whereas the effectiveness of the WFD and the achievement of its objectives depends upon its implementation and enforcement by the competent authorities in the Member States, on ensuring adequate funding, including through EU financial instruments, on the implementation of other pieces of EU legislation, and on better integration of water objectives in other policies; whereas stakeholder involvement is key to effective implementation; |
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H.

whereas the effectiveness of the WFD and the achievement of its objectives depends upon its implementation and enforcement by the competent authorities in the Member States, on ensuring adequate funding, including through EU financial instruments, on the implementation of other pieces of EU legislation, and on better integration of water objectives in other policies; whereas stakeholder involvement is key to effective implementation;

| I. | whereas Article 7(3) of the WFD stipulates that the Member States must ensure that the bodies of water used for producing drinking water are protected with the aim of avoiding deterioration in their quality; whereas the Fitness Check clearly states that little progress has been made on protected areas for drinking water; |
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I.

whereas Article 7(3) of the WFD stipulates that the Member States must ensure that the bodies of water used for producing drinking water are protected with the aim of avoiding deterioration in their quality; whereas the Fitness Check clearly states that little progress has been made on protected areas for drinking water;

| J. | whereas it is of crucial importance to tackle chemical and other causes of pollution in surface water and groundwater at source as a priority as it is the most sustainable, effective and cost-effective measure, alongside implementing the polluter-pays principle; |
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J.

whereas it is of crucial importance to tackle chemical and other causes of pollution in surface water and groundwater at source as a priority as it is the most sustainable, effective and cost-effective measure, alongside implementing the polluter-pays principle;

| K. | whereas the WFD spells out the need to protect waters used for the abstraction of drinking water; whereas drinking water operators should be able to rely on high-quality water resources so that citizens do not have to pay for expensive treatments; whereas it is therefore necessary to reduce pollution at the source; |
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K.

whereas the WFD spells out the need to protect waters used for the abstraction of drinking water; whereas drinking water operators should be able to rely on high-quality water resources so that citizens do not have to pay for expensive treatments; whereas it is therefore necessary to reduce pollution at the source;

| L. | whereas the 2019 IPBES global assessment report on biodiversity and ecosystem services names water pollution as an important threat to global biodiversity; whereas freshwater biodiversity is among the most threatened in Europe and whereas water pollution has a negative impact on flora and fauna; whereas European wetlands, which serve as natural carbon sinks, have decreased by 50 % since 1970 and whereas freshwater species have declined by 83 % since then; |
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L.

whereas the 2019 IPBES global assessment report on biodiversity and ecosystem services names water pollution as an important threat to global biodiversity; whereas freshwater biodiversity is among the most threatened in Europe and whereas water pollution has a negative impact on flora and fauna; whereas European wetlands, which serve as natural carbon sinks, have decreased by 50 % since 1970 and whereas freshwater species have declined by 83 % since then;

| M. | whereas climate change is a major threat for water resources around the world, both in terms of high and low quantities of water; whereas healthy and resilient freshwater ecosystems are better able to mitigate the effects of and adapt to climate change; |
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M.

whereas climate change is a major threat for water resources around the world, both in terms of high and low quantities of water; whereas healthy and resilient freshwater ecosystems are better able to mitigate the effects of and adapt to climate change;

| N. | whereas the WFD does not include specific provisions to address climate change impacts; whereas in its communication on the European Green Deal, the Commission nevertheless acknowledges that natural functions of ground and surface water must be restored; whereas the Fitness Check found that the WFD “is sufficiently prescriptive with regard to the pressures to be addressed, and yet flexible enough to reinforce its implementation as necessary with regard to emerging challenges not mentioned in the Directive such as climate change, water scarcity and pollutants of emerging concern”; |
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N.

whereas the WFD does not include specific provisions to address climate change impacts; whereas in its communication on the European Green Deal, the Commission nevertheless acknowledges that natural functions of ground and surface water must be restored; whereas the Fitness Check found that the WFD “is sufficiently prescriptive with regard to the pressures to be addressed, and yet flexible enough to reinforce its implementation as necessary with regard to emerging challenges not mentioned in the Directive such as climate change, water scarcity and pollutants of emerging concern”;

| O. | whereas urban areas are constantly growing and increasing pressure on waste water treatment plants; whereas the main and partly unregulated point source of water pollution in the EU is the discharge of untreated or inadequately treated urban and/or industrial waste water; whereas the UWWTD was not initially designed to treat the release of chemical substances, pharmaceutical residue or microplastics into bodies of water; whereas the UWWTD was effective in reducing targeted pollutants to bodies of water by reducing the loads of biochemical oxygen demand, nitrogen and phosphorus in treated waste water across the EU; whereas nevertheless, more attention should be paid to both existing and emerging sources of pollution; whereas another main diffuse source of water pollution is agriculture, due to releases of nutrients, pesticides, antibiotics and other pollutants into drainage basins and rivers; whereas water-related provisions of the current CAP have been insufficient to help achieve the objectives of the WFD; whereas diffuse pollution is an obstacle to the implementation of the polluter pays principle; |
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O.

whereas urban areas are constantly growing and increasing pressure on waste water treatment plants; whereas the main and partly unregulated point source of water pollution in the EU is the discharge of untreated or inadequately treated urban and/or industrial waste water; whereas the UWWTD was not initially designed to treat the release of chemical substances, pharmaceutical residue or microplastics into bodies of water; whereas the UWWTD was effective in reducing targeted pollutants to bodies of water by reducing the loads of biochemical oxygen demand, nitrogen and phosphorus in treated waste water across the EU; whereas nevertheless, more attention should be paid to both existing and emerging sources of pollution; whereas another main diffuse source of water pollution is agriculture, due to releases of nutrients, pesticides, antibiotics and other pollutants into drainage basins and rivers; whereas water-related provisions of the current CAP have been insufficient to help achieve the objectives of the WFD; whereas diffuse pollution is an obstacle to the implementation of the polluter pays principle;

| P. | whereas one third of European countries suffer from water scarcity i.e. they have less than 5 000 m3 of water per head annually (21); whereas, in the event of conflicts over the allocation of water resources, the safeguarding of the human right to water must take priority; whereas 13 Member States declared that they are at risk of desertification at the UN Convention to Combat Desertification (22); |
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P.

whereas one third of European countries suffer from water scarcity i.e. they have less than 5 000 m3 of water per head annually (21); whereas, in the event of conflicts over the allocation of water resources, the safeguarding of the human right to water must take priority; whereas 13 Member States declared that they are at risk of desertification at the UN Convention to Combat Desertification (22);

| Q. | whereas water abstraction puts significant pressure on EU water sources; whereas about a quarter of water diverted from the natural environment in the EU is used for agriculture; whereas an agreement on the new regulation on minimum requirements for water reuse was reached, which will facilitate the use of treated urban waste water for agricultural irrigation; |
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Q.

whereas water abstraction puts significant pressure on EU water sources; whereas about a quarter of water diverted from the natural environment in the EU is used for agriculture; whereas an agreement on the new regulation on minimum requirements for water reuse was reached, which will facilitate the use of treated urban waste water for agricultural irrigation;

| R. | whereas there are situations in which entities managing bodies of water are financed from activities that deteriorate the chemical and ecological status of bodies of water, impeding the achievement of the objectives of the WFD; whereas in such situations, conflicts of interest are hard to avoid and they keep the entities managing bodies of water going in vicious circles, making them dependant on activities that deteriorate bodies of water; |
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R.

whereas there are situations in which entities managing bodies of water are financed from activities that deteriorate the chemical and ecological status of bodies of water, impeding the achievement of the objectives of the WFD; whereas in such situations, conflicts of interest are hard to avoid and they keep the entities managing bodies of water going in vicious circles, making them dependant on activities that deteriorate bodies of water;

| S. | whereas 60 % of river basins are in transnational regions, which makes effective transboundary cooperation crucial; whereas 20 European countries depend on other countries for more than 10 % of their water resources, with five countries relying on over 75 % of their resources coming from abroad via rivers; whereas non-compliance with the UWWTD in border regions causes deterioration of cross-border WFD bodies of water, which makes it impossible to reach WFD goals in the receiving Member State; |
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S.

whereas 60 % of river basins are in transnational regions, which makes effective transboundary cooperation crucial; whereas 20 European countries depend on other countries for more than 10 % of their water resources, with five countries relying on over 75 % of their resources coming from abroad via rivers; whereas non-compliance with the UWWTD in border regions causes deterioration of cross-border WFD bodies of water, which makes it impossible to reach WFD goals in the receiving Member State;

| T. | whereas river connectivity, from small streams through to estuaries and deltas, is crucial for migratory species of fish, the life stages of which are a cornerstone of the respective ecosystems and the food chain, and which are gaining increasing socio-cultural value in fishing communities; |
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T.

whereas river connectivity, from small streams through to estuaries and deltas, is crucial for migratory species of fish, the life stages of which are a cornerstone of the respective ecosystems and the food chain, and which are gaining increasing socio-cultural value in fishing communities;

| U. | whereas the overall energy consumption of the water sector in the EU is significant and needs to be more efficient in order to contribute to the goals of the Paris Agreement, the EU’s 2030 climate goals and its goal to achieve carbon neutrality in 2050; |
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U.

whereas the overall energy consumption of the water sector in the EU is significant and needs to be more efficient in order to contribute to the goals of the Paris Agreement, the EU’s 2030 climate goals and its goal to achieve carbon neutrality in 2050;

| V. | whereas hydropower has the potential to decarbonise electricity generation to a certain extent and can therefore contribute to reaching the EU’s climate and energy targets under the Paris Agreement; whereas hydropower needs to be seen in a holistic manner, including its effects on hydromorphological conditions and habitats; whereas, compared to wind power and solar-generated electricity, hydropower is less volatile and therefore helps to keep the power supply constant and the grid stable; whereas pumped hydro storage accounts for more than 90 % (23) of the EU’s energy storage capacity; whereas the European Union should support Member States engaging in environmentally friendly hydropower projects, that at the same time do not pose threats to the health of local communities; |
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V.

whereas hydropower has the potential to decarbonise electricity generation to a certain extent and can therefore contribute to reaching the EU’s climate and energy targets under the Paris Agreement; whereas hydropower needs to be seen in a holistic manner, including its effects on hydromorphological conditions and habitats; whereas, compared to wind power and solar-generated electricity, hydropower is less volatile and therefore helps to keep the power supply constant and the grid stable; whereas pumped hydro storage accounts for more than 90 % (23) of the EU’s energy storage capacity; whereas the European Union should support Member States engaging in environmentally friendly hydropower projects, that at the same time do not pose threats to the health of local communities;

| W. | whereas structural changes to bodies of water are the main pressures on their status (24); whereas hydromorphology affects 40 % of bodies of surface water consisting of physical alterations (26 %), dams, barriers and locks (24 %), hydrological alterations (7 %) or other hydromorphological alterations (7 %); whereas there are currently over 21 000 hydropower plants in Europe; whereas no comprehensive EU action has been taken to remove obsolete dams and weirs, despite evidence that EU coordination in this matter would provide added value; |
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W.

whereas structural changes to bodies of water are the main pressures on their status (24); whereas hydromorphology affects 40 % of bodies of surface water consisting of physical alterations (26 %), dams, barriers and locks (24 %), hydrological alterations (7 %) or other hydromorphological alterations (7 %); whereas there are currently over 21 000 hydropower plants in Europe; whereas no comprehensive EU action has been taken to remove obsolete dams and weirs, despite evidence that EU coordination in this matter would provide added value;

| X. | whereas the human right to water and sanitation was recognised as a human right by the UN General Assembly on 28 July 2010; |
| --- | --- |

X.

whereas the human right to water and sanitation was recognised as a human right by the UN General Assembly on 28 July 2010;

| Y. | whereas the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of the Child, among other international conventions and agreements, explicitly recognise the right to water and sanitation and oblige state parties to take appropriate measures in this regard; |
| --- | --- |

Y.

whereas the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of the Child, among other international conventions and agreements, explicitly recognise the right to water and sanitation and oblige state parties to take appropriate measures in this regard;

| Z. | whereas one million people in Europe have no access to water and eight million have no sanitation (25), whereas globally 844 million people do not have safe access to safe drinking water (26), and whereas a third of the world’s population lacks basic sanitation; whereas the European Citizen’s Initiative (ECI) Right2Water collected over 1,8 million signatures in March 2014; whereas Right2Water asked for guaranteeing water and sanitation for all in the EU and globally, better access to drinking water for the public and more transparency on the quality of water, as well as enshrining the right to water in EU legislation; whereas the Commission has adopted its communication in response to the “Right2Water initiative” (27); whereas in its resolution of 8 September 2015 on the follow-up to the European Citizens’ Initiative Right2Water, Parliament criticised the Commission for failing to meet the initiative’s demands and called on the Commission to recognise universal access and human right to water (28); |
| --- | --- |

Z.

whereas one million people in Europe have no access to water and eight million have no sanitation (25), whereas globally 844 million people do not have safe access to safe drinking water (26), and whereas a third of the world’s population lacks basic sanitation; whereas the European Citizen’s Initiative (ECI) Right2Water collected over 1,8 million signatures in March 2014; whereas Right2Water asked for guaranteeing water and sanitation for all in the EU and globally, better access to drinking water for the public and more transparency on the quality of water, as well as enshrining the right to water in EU legislation; whereas the Commission has adopted its communication in response to the “Right2Water initiative” (27); whereas in its resolution of 8 September 2015 on the follow-up to the European Citizens’ Initiative Right2Water, Parliament criticised the Commission for failing to meet the initiative’s demands and called on the Commission to recognise universal access and human right to water (28);

| AA. | whereas studies show that the testing of waste water can act as an early warning system to predict or locate outbreaks of COVID-19, thus playing an important role in the fight against the pandemic; |
| --- | --- |

AA.

whereas studies show that the testing of waste water can act as an early warning system to predict or locate outbreaks of COVID-19, thus playing an important role in the fight against the pandemic;

| 1. | Welcomes the success of the WFD in setting up an adequate governance framework for integrated water management, as well as its success in improving water quality, or in some cases at least in slowing down the deterioration of water quality; |
| --- | --- |

1.

| 2. | Rejects any attempt to treat water as a commodity (as with the trading of water futures on the New York Stock Exchange); deplores the implications of the commodification of nature, with essential public goods opened up for speculation, denying the universal right to their use; |
| --- | --- |

2.

| 3. | Welcomes the assessment of the Commission that the WFD is fit for purpose, but notes that its implementation needs to be improved and speeded up by involving relevant competent authorities from the Member States and by further integrating WFD objectives in sectoral policies, particularly in agriculture, transport and energy, to ensure that all bodies of surface and ground water are in good status by 2027 at the latest; |
| --- | --- |

3.

| 4. | Stresses that no revision of the WFD is necessary; calls on the Commission to declare that the WFD will not be revised, in order to end legal uncertainty; calls on the Commission to continue to propose updates to the annexes as necessary; |
| --- | --- |

4.

| 5. | Strongly regrets that half of the bodies of water in the EU have still not attained good status and that the objectives of the WFD have not yet been reached, mainly due to inadequate funding, particularly slow implementation, insufficient enforcement, lack of implementation of the precautionary and polluter-pays principles, and broad use of the exemptions of the directive in many Member States, and also regrets that integration of environmental objectives in sectoral policies has been insufficient; |
| --- | --- |

5.

| 6. | Stresses the need to restore and improve water quality; notes that, to improve the status of bodies of water, it is vital that all levels of government and authorities in the Member States be involved and cooperate in mainstreaming the WFD goals in policy, legislation and WFD measures; recalls the non-deterioration principle, whereby Member States are required to implement the measures necessary to prevent deterioration of the status of water bodies; calls on the Member States to urgently take the necessary measures to ensure implementation, enforcement and compliance with the WFD, through, inter alia, the third River Basin Management Plans (RBMPs), which are to be adopted by the Member States in 2021; urges the EU, its Member States and regional authorities to ensure that the next RBMPs are adopted on time, respecting the requirements concerning public consultation; calls on the Commission to increase the availability of funding and provide the necessary support to the Member States in the implementation of the WFD; |
| --- | --- |

6.

| 7. | Draws attention to the OECD study that estimates that an additional EUR 253 billion needs to be spent in the EU water sector before 2030 to maintain or achieve full compliance with relevant water legislation (29); calls on the Commission, the Council, the Member States and, where applicable, regional authorities to identify and secure the necessary funds and financial instruments for infrastructure that does not harm the environment or negatively affect public health, but also to identify infrastructures that perform poorly and are not up to standard and to tackle the issue of contaminants of emerging concern and other societal challenges; stresses the need to provide financial support for sustainable innovative methods and particularly nature-based solutions, such as carbon-neutral or lagoon-based treatment infrastructure, restoration of wetlands and flood-plains, rewetting drained peat-lands, while having due regard to public-private partnerships; highlights the importance of adjusting existing funding and financing streams related to water management and other related land uses such as agriculture, including subsidies, shifting from traditional engineering measures to nature-based solutions; |
| --- | --- |

7.

| 8. | Calls on the Member States to take all necessary action, including the securing of the necessary funds and human resources and of the necessary expertise, to achieve full compliance with the WFD as soon as possible, and in any case no later than 2027; calls on the Commission to issue recommendations to the Member States to ensure the 2027 deadline is met; calls on the Commission to support the Member States in the implementation of the water directives with technical assistance and appropriate training, by sharing good practices and expertise to ensure the WFD goals are reached, and by promoting professional exchange programmes between Member States; calls on the Commission to provide guidance on the consequences of Court of Justice judgment in case C-461/13 for the implementation of the WFD; calls on the Commission to offer clear guidance on the application of exemptions pursuant to Article 4(4)(c) after 2027; |
| --- | --- |

8.

| 9. | Calls on the Member States to identify the implementation measures that are needed to ensure bodies of water are in good status and design the PoMs on the basis of the best available evidence; calls on the Member States and the Commission to make publicly available the PoMs of Member States and the respective evaluations to improve the share of good practices and strategies and to improve public access to information; |
| --- | --- |

9.

| 10. | Considers that the ‘one-out, all-out’ principle should remain intact; calls on the Commission to elaborate complementary reporting methodologies (such as distance to target, implemented measures and progress made on individual quality parameters) that provide an opportunity to better assess progress towards good water status; highlights the importance of transparency and provision of comprehensive information to the public on the quality and quantity of water in the EU; |
| --- | --- |

10.

| 11. | Deplores the use of exemptions for over half of the EU’s bodies of water, with limited justification; calls on the Commission and the Member States to update the guidance documents for the use of exemptions in order to limit this practice to only fully justified cases, so that it no longer hinders the achievement of the WFD’s environmental objectives; calls on the Commission to swiftly and systematically pursue infringement proceedings when exemptions are not justified; |
| --- | --- |

11.

| 12. | Regrets that the application of the cost recovery principle, which provides that all water users effectively and proportionately participate financially in the recovery of the costs of water services, remains low to non-existent in several Member States, especially with regard to households, industry and agriculture; stresses that water use in some parts of the EU threatens the quantitative status of bodies of water beyond the level of maintained ecological flow; calls on Member States and their regional authorities to implement adequate water pricing policies and fully apply the cost recovery principle for both environmental and resource costs, in line with the WFD, and also apply the polluter pays principle; recalls that the cost-recovery principle may be applied with regard to its social, environmental and economic effects, as well as the geographic and climatic conditions of the regions affected; calls on the Commission to enforce this principle; emphasises, however, that the right to water and sanitation must be ensured, with everyone having access to affordable and good-quality water services; |
| --- | --- |

12.

| 13. | Calls on the Commission to take strict and swift action against infringements by Member States to ensure that all Member States fully comply with water legislation, and in particular with the WFD, as soon as possible and no later than 2027; urges the Commission to also take strict and swift actions on open infringement cases related to systemic violations of EU water legislation; calls on the Commission to strengthen its resources in relation to infringement procedures in general, and EU environmental legislation in particular; |
| --- | --- |

13.

| 14. | Notes that climate change has and will continue to have a significant negative impact on freshwater sources with droughts leading to depleted river flows and higher concentrations of pollutants, notably in ‘closed’ water zones, and intense rainfall leading to increased urban and agricultural run-off; recalls that the more frequent incidence of extreme climatic phenomena, such as cyclones and storms, leads to an increase in the salinity of freshwater and coastal waters; emphasises that rising temperatures lead to increased water stress, impacting the environment, several economic sectors that depend on high water abstraction and use, as well as quality of life; underlines that the resilience of water ecosystems, flooding and water scarcity and their impact on food production should be duly taken into account in the upcoming EU climate adaptation strategy according to Article 2(1) (b) of the Paris Agreement, and also in the WFD implementation process (RBMPs); |
| --- | --- |

14.

| 15. | Suggests that the Commission support the Member States in sharing and facilitating knowledge and best practices of the different climate adaptation efforts at regional and local level in the EU; |
| --- | --- |

15.

| 16. | Underlines that rivers and wetlands are most at risk even though they are considered to be the largest providers of ecosystem services; recalls that wetlands, like marine and coastal ecosystems, play a fundamental role in regulating water and the climate, and provide services through their natural ecosystems and resources, and the development of economic or cultural activities, which all depend on water resources being in good ecological shape; stresses that wetlands are carbon sinks and climate stabilisers at a global level, play an important role in mitigating floods and droughts, provide clean water, protect coastlines, recharge groundwater aquifers, maintain great geodiversity, play an essential role in the countryside and provide recreational and cultural services for society; urges, therefore, the Commission and the Member States to adopt measures to reduce the use of aquifers, plan urban development away from floodplains and respect biodiversity linked to rivers and wetlands; |
| --- | --- |

16.

| 17. | Stresses that the efficient use of water is an important contribution to the EU’s climate goals as it can save energy used for the pumping of water, reduce the amount of chemicals used to treat water and reduce water stress; notes that there are high leakage rates from pipes in some Member States which is not acceptable in terms of climate change goals and resource efficiency efforts; welcomes that under the new Drinking Water Directive, the Commission will evaluate leakage rates and set threshold values that will trigger action in the respective Member States; also welcomes the new obligation for large water suppliers to make leakage rates transparent; |
| --- | --- |

17.

| 18. | Notes that all over the EU, bodies of water used for the production of drinking water face new and old pressures which cause an increased need for purification treatment efforts by water suppliers; calls on the Member States to fully implement Article 7(3) of the WFD and to take all necessary measures to halt the deterioration of bodies of water for the abstraction of water intended for human consumption; |
| --- | --- |

18.

| 19. | Welcomes the evidence that the directives have led to reduced chemical pollution in EU waters; considers nevertheless that there is an urgent need for improvement in the area of chemicals; notes that the Commission has identified unexpected differences between Member States, mainly in how the list of priority substances is updated and how the combined effects of mixtures are taken into account; notes further that the Priority Substances Directive so far barely includes substances relevant to drinking water provision; points out that considerable differences in approaches to classification, assessment and reporting methods make EU-wide comparisons and analysis challenging; |
| --- | --- |

19.

| 20. | Calls on the Commission to take all necessary measures in order to achieve good chemical status and to take decisive EU-wide action when Member States fail to meet the environmental quality standards for priority substances that fall within the scope of EU legislation; stresses that substances relevant to production of drinking water, such as Per- and polyfluoroalkyl substances (PFAS) and relevant pharmaceuticals, should be added to the list of priority substances; considers that pollutants of emerging concern and mixed toxicity can and should be addressed within the framework of the WFD and its specific ‘daughter’ directives; calls on the Commission to update and add relevant substances in the annexes of the Priority Substances Directive and the Groundwater Directive, in order to make it possible to reach the goals of the WFD and to better protect drinking water resources; calls on the Commission to align the implementation of water legislation with the Chemical Strategy for Sustainability and with the Biodiversity Strategy so that freshwater bodies and their ecosystems are adequately protected, to set a timeline for phasing out all non-essential uses of PFAS and to stimulate the development of safe and non-persistent alternatives for all uses of PFAS; urges the Commission to finance research on and the development of strategies to tackle uPBTs, with the aim of improving the quality of bodies of water and reducing the risks for animal and human health and the environment; recommends the development of new guidelines on improved monitoring methods and reporting for chemical mixtures as well as cocktail effects; calls for a more extensive use of the watch list to monitor potential water pollutants and determine the risk they pose to the aquatic environment; calls on the Commission to speed up its work on the development of methods for assessing and managing chemical mixtures and to complement its work by introducing a mixture assessment factor; |
| --- | --- |

20.

| 21. | Notes that microplastics are estimated to have been persistent in freshwater for centuries and that current water treatment plants do not filter these particles completely; welcomes, therefore, the decision to develop a methodology for the monitoring of microplastics and the establishment of a watch-list in the revised Drinking Water Directive; urges the Commission and the Member States to increase source-control measures to achieve a non-toxic environment and circular economy; stresses that reducing emissions at source would alleviate the pressure on ecosystems and reduce the cost of water treatment; calls for decisive action at EU, Member State and regional level to tackle pollutants of emerging concern, such as PFAS, microplastics, endocrine-disrupting chemicals and pharmaceuticals through a holistic approach, starting with control at source measures and, as a last resort, complementary end-of-pipe solutions; calls on the Commission and the Member States to fully apply a life cycle approach to pollutants, while implementing the polluter pays principle, also through innovative instruments such as Extended Producer Responsibility (EPR) schemes, in order to finance treatment solutions; |
| --- | --- |

21.

| 22. | Highlights the importance of stepping up actions to address eutrophication of both fresh and salt waters caused by nitrogen and phosphorus from all sources, including from agriculture and untreated or inappropriately treated waste water; recalls that eutrophication weakens the environmental status of water bodies and makes them more vulnerable to invasive alien species; urges all farmers to use the Farm Sustainability Tool for Nutrients, which facilitates better management and reduces nutrient leakage in ground and surface water; calls on the Member States to properly identify areas vulnerable to nitrate pollution and to fully implement and enforce the measures adopted under the Nitrates Directive; |
| --- | --- |

22.

| 23. | Highlights that the current biodiversity crisis should be fully addressed by Member States when it comes to the implementation of water policies, with stressors on water ecosystems minimised and degraded ecosystems restored; underlines the importance of the new 2030 Biodiversity Strategy; recalls that in the implementation of the WFD, full consistency should be ensured with the new Biodiversity Strategy, the Nature Directives and other environmental legislation; |
| --- | --- |

23.

| 24. | Welcomes the Commission’s commitment in the context of its Biodiversity Strategy for 2030 to restore 25 000 km of free-flowing rivers in the EU through the removal of barriers and the restoration of flood-plains, and to establish an EU-wide methodology and provisions to map and assess the condition of ecosystems and ensure they are in a good condition; notes that there are currently 21 000 hydropower plants in the EU and that hydropower and small hydro stations provide the largest share of renewable energy in the EU; takes note of the developments in low-impact hydropower; points out, however, that the construction of dams can negatively affect habitats and create major pressure on surface water; recalls that the WFD imposes strict criteria for the protection of hydromorphological conditions; calls on the Commission and the Member States to ensure that strict assessments of the impacts of resulting alterations on water quality and quantity and ecosystems are carried out and that the objectives of the WFD are respected in all existing and potential new hydropower projects; therefore urgently calls on the Commission to consult all relevant directorate-generals, including the Directorate-General for Energy, when assessing the environmental impact of hydropower plants and to take their recommendations into account; |
| --- | --- |

24.

| 25. | Calls on the Member States and the Commission to take all necessary action to minimise pressures on bodies of surface water in order to restore natural functions of rivers and protect ecosystems; calls on the Member States to refrain from building hydropower stations and avoid other building projects which would lead to significant hydromorphological pressures on water in protected areas; considers that EU subsidies and public finance in areas other than protected ones should only be granted to new hydropower plants for which the overall benefits clearly outweigh the overall negative impacts; |
| --- | --- |

25.

| 26. | Commends the fact that, according to the 10th biennial report on the Member States’ implementation of the UWWTD (30), collection and treatment of urban waste water has improved over the last decade in the EU, and the fact that the UWWTD has delivered on the reduction of pollution loads, thereby contributing to the improvement of water quality; regrets nevertheless the fact that full compliance with the UWWTD has still not been achieved, as some Member States are still very far from their targets; supports the view of the Commission that more needs to be done to address remaining pollution, contaminants of emerging concern, energy use and sludge management as well as governance issues; regrets furthermore that the evaluation of the UWWTD does not analyse effectiveness regarding discharges of industrial waste water into collecting systems and urban waste water treatment plants (UWWTP); |
| --- | --- |

26.

| 27. | Calls on the Commission to take the above into account when revising the UWWTD; urges the Commission to support the Member States with the implementation of the directive by enabling sustainable water financing and incentivising the development and deployment of innovative waste water technologies; calls on the Commission to carefully examine how the UWWTD requirements on the design, construction and expansion of UWWTP at all stages of technical development interact with the WFD obligation of non-deterioration, in order to ensure coherence between the two pieces of legislation and the treatment of urban waste water, while preserving all incentives to take proper technical treatment measures; encourages the Commission to take legislative action, if necessary; stresses that measures aiming above all at rectifying the problem at source are vital to tackling pollutants of emerging concern; emphasises that a future revision of the UWWTD should also take the new challenges that such pollutants pose into account; |
| --- | --- |

27.

| 28. | Points out that the UWWTD and the WFD do not adequately address the problems stemming from climate change, such as storm water overflows, urban run-off and flooding in agglomerations, nor do they address the impacts of insufficiently treated waste water on the recipient body of water; believes that monitoring and controlling the effect of increasing storm water overflows and urban run-off should be better addressed by the EU, its Member States and regional authorities, since this significantly pollutes receiving bodies of surface and ground water; |
| --- | --- |

28.

| 29. | Insists that, when assessing the environmental impact of hydropower installations, a holistic approach is needed, including the societal benefits of providing emission-free electricity and the contribution of hydropower and pumped hydro storage to securing the energy supply, and adverse effects on surface waters and habitats; underlines in this respect the contribution that electricity generated by hydropower plants can make to reaching the EU’s climate and energy targets and the EU’s commitments under the Paris Agreement, but considers that this should not be achieved to the detriment of surface waters and the protection of habitats; acknowledges that there are ways and technologies to lower the impact on the environment and aquatic wildlife; points out that there is great potential to increase the efficiency of existing river power plants; |
| --- | --- |

29.

| 30. | Notes that the shift from road freight to inland waterways should be fully consistent with the non-deterioration principle of the WFD, as well as with other environmental legislation, including the Birds and Habitats Directives, and should go hand-in-hand with support for sustainable, alternative fuels and technology and inland navigation such as shore-to-ship power supply, in order to reduce greenhouse gas emissions and other pollutants and avoid a deterioration in the ecological and chemical status of bodies of water and a degradation of air quality, as well as to avoid stress on water ecosystems, protect biodiversity and strive for a zero-pollution environment; |
| --- | --- |

30.

| 31. | Notes the high energy consumption in the water sector; calls on the Commission to consider energy-efficient measures and the possibility to use treated waste water as an ‘onsite’ source of renewable energy; calls on the Commission to push for energy-efficient improvements in waste water treatment plants, so as to recognise and harness the energy-saving potential of the sector; points out that according to the Commission’s evaluation of the UWWTD, the potential energy savings amount to between 5 500 GWh and 13 000 GWh annually; |
| --- | --- |

31.

| 32. | Recognises that total water abstraction in Europe has decreased by more than 20 % over the last 15 years; notes nevertheless that eight countries can be considered water-stressed (31), representing 46 % of Europe’s population, that the number of water-stressed countries is constantly increasing, and that about a quarter of the water diverted from the natural environment in the EU is used for agricultural purposes (32); notes the potential of water reuse to create a circular economy for water resources and reduce direct extraction from bodies of water and groundwater; welcomes the agreement on the new Regulation of the European Parliament and of the Council on minimum requirements for water reuse, which will facilitate the use of treated urban waste water for agricultural irrigation; supports the continued modernisation of irrigation infrastructure through innovation and new technologies; |
| --- | --- |

32.

| 33. | Underlines the importance of finding synergies between flood risk assessments and disaster prevention and preparedness planning under the Union Civil Protection Mechanism; calls on the Commission, the Member States and, where applicable, regional authorities to develop drought management strategies, particularly with a view to ensuring the provision of drinking water and ensuring food production, as part of the RBMPs and Flood Risk Management Plans, and integrating digitalised monitoring, control and early warning systems for the state of vegetation and its response to drought in order to support effective and data-based decisions on protection, response and communication measures; calls on the Commission and the Member States to put floodplain and wetland restoration, as well as protection of bodies of groundwater, at the heart of the aforementioned plans as bodies of water and ecosystems in good condition are essential to reducing the negative impact of both droughts and floods; |
| --- | --- |

33.

| 34. | Notes that one area in which the WFD was viewed by stakeholders as ineffective is managing the effects of droughts (33); calls on the Member States to devote more efforts to addressing climate change and the new (over-) abstraction problems that might arise in river basins, including those not historically facing abstraction challenges (34); notes that a holistic approach to water management and climate adaptation could make responses more efficient and reduce the impact of extreme events; calls for the full integration of climate change considerations into the implementation of the directive and also highlights the potential of nature-based solutions in this regard; reiterates that sufficient public spending should be ensured for the objectives of the WFD and the required adaptations; |
| --- | --- |

34.

| 35. | Suggests that droughts and water scarcity be addressed by prioritising the abstraction of water for the production of drinking water over other uses, in order to ensure the fulfilment of the human right to water, and by implementing solutions to collect rainwater and flood waves for later use, including inter alia rainwater collection projects in the design of buildings and infrastructure, underground storage basins, dual water distribution systems in homes and projects for the reuse of disused quarries, where deemed suitable; encourages research on and investment in measures that help to combat droughts and water scarcity; |
| --- | --- |

35.

| 36. | Stresses the need for alignment of the common agricultural policy (CAP), the Drinking Water Directive (35), the Nitrates Directive, the Plant Protection Products Regulation (36) and REACH with the WFD regarding the need for increased water protection measures and the efficient use of water in agriculture; underlines the necessity for a considerable increase in funding for environmental and climate change measures in both pillars of the CAP, as well as for additional financing of targeted ecological measures in the framework of the CAP revision, in order to ensure sustainable water management and to improve soil quality; urges the Member States to integrate and implement in their CAP strategic plans a reduction in fertiliser use and the use and risks of pesticides, and to implement water-related elements in their systems of conditionality; calls on the Commission to make freshwater pollution and over-abstraction priority topics in CAP-related recommendations to Member States; finally, calls on the Commission to ensure the WFD is also implemented via the cohesion policy (the Common Provisions Regulation (37), the European Regional Development Fund/the Cohesion Fund (38)) and in line with policy objective 2 of the CPR; |
| --- | --- |

36.

| 37. | Welcomes the targets for reducing the use and risks of pesticides by 50 % by 2030 and for reducing the loss of nutrients from fertilisers, as established in the Farm to Fork and Biodiversity Strategies, the decision to revise the Directive on the sustainable use of pesticides and the inclusion of improved nutrient management in the objectives of the new CAP strategic plans and of the two strategies; calls for the translation into legislation of the above-mentioned targets and objectives, as well as the upcoming zero-pollution action plan; highlights the urgent need to reduce the impact of pesticides on drinking water resources by fully addressing their protection in the (re-) approval of active substances and the (re-)authorisation of pesticides; |
| --- | --- |

37.

| 38. | Calls on the Commission to improve the homogenisation of standards and reduce the wide range of thresholds within Member States in the Groundwater Directive; |
| --- | --- |

38.

| 39. | Calls on the Commission and the Member States to enhance the synergies between water and biodiversity policies by introducing appropriate measures to better protect small water bodies and groundwater ecosystems in the context of river basin management, including reporting requirements, guidance and projects; |
| --- | --- |

39.

| 40. | Encourages the Commission and the Member States to better integrate the Flood Risk Management Directive in policies on prioritising nature-based solutions and adjust funding streams accordingly; highlights the importance of managing catchment areas in an integrated and holistic manner; |
| --- | --- |

40.

| 41. | Asks the Commission and the Member States to put in place an integrated approach based on the WFD and the Marine Strategy Framework Directive, given that 97,3 % of water resources on earth come from the oceans, and that groundwater, continental, transitional, coastal and marine waters are linked by the water cycle and the link between land and sea; |
| --- | --- |

41.

| 42. | Calls for increased action with sufficient funding to improve fish migration throughout the EU; calls, where applicable, for river connectivity to be included within the technical screening criteria developed in the context of the EU green taxonomy for sustainable activities and to consider energy and transport-related projects sustainable only when comprising nature-like fish-ways; |
| --- | --- |

42.

| 43. | Notes that ‘sustainable use and protection of water and marine resources’ belongs to one of the six environmental goals of the EU taxonomy for sustainable finance; therefore encourages its use in navigating public and private investments to ensure the protection of water bodies; |
| --- | --- |

43.

| 44. | Calls on the Commission and the Member States to take all necessary measures in the next water planning cycle to facilitate the conservation and restoration of aquatic ecosystems, promote nature-based solutions, involve the financial sector through the promotion of sustainable investments and promote capacity building and education on green growth; |
| --- | --- |

44.

| 45. | Calls on the Commission to assist and support the Member States in the cross-border coordination of WFD bodies of water; calls on the Member States to prioritise WFD measures and UWWTD implementation in cross-border regions and improve cooperation in international water basins; |
| --- | --- |

45.

| 46. | Urges the Commission to streamline and improve monitoring systems for water quality and environmental pollutants, collecting, inter alia, data on the main sources of emission of dangerous substances, including radioactive and pesticide residues and metabolites, biocides, pharmaceutical residues, chemicals of concern — such as PFAS — and microplastics, as well as other pollutants of emerging concern in EU bodies of water, and to apply the use of the latest, most effective available techniques; urges the Commission to adopt guidelines for harmonised standards for monitoring networks and data reporting; calls on the Commission to facilitate in its Zero Pollution Action Plan the use of non-invasive monitoring methods and bioindicators in order to minimise the exposure of humans and wildlife to contaminants in the air, soil and water; urges the Member States to make use of their complete monitoring networks when reporting data to the Commission; |
| --- | --- |

46.

| 47. | Calls on the Commission, the Member States and water providers to mainstream digitalisation and enhance the use of management and metering data for evidence-based decision-making both at regulatory and consumption level; calls for digitally enabled water technologies to allow for distance monitoring and reporting on water quality, leakages, use and resources; |
| --- | --- |

47.

| 48. | Notes the potential of digitalisation and artificial intelligence in improving the management and monitoring of bodies of water, creating better data and analysing evidence to support decision-makers, given that they could greatly contribute to the quick identification of small changes in water quality that could represent a threat to bodies of water, evaluation of best practices and identification of the most cost-effective measures; |
| --- | --- |

48.

| 49. | Calls on the Member States to create legal frameworks that avoid situations in which the entities managing bodies of water are financed from activities that deteriorate their chemical and ecological status; calls on the Member States to clearly separate the entities in charge of management and those in charge of assessing the status of bodies of water; |
| --- | --- |

49.

| 50. | Stresses the need to homogenise water data and create mandatory reporting standards for Member States to boost data transparency; calls on the Commission to continue improving WISE (the Water Information System for Europe) to make it a user-friendly information tool for everyone in the EU, providing information on the quantity, quality and availability of water resources, in addition to benchmarking the management of bodies of water; |
| --- | --- |

50.

| 51. | Notes that, according to the fitness report, there is room for improvement in both the accessibility of information on water policies and quality, and in its level of detail; calls on the Member States and the Commission to remedy this and provide EU residents with clear, comprehensive and easily available information; calls furthermore for greater transparency and therefore for a significant improvement in public consultation, public awareness and education on water and on the links between water, ecosystems, sanitation, health, food safety, food security and disaster prevention, for inter-sectoral dialogue between economic operators, water providers, the general public, authorities and civil society organisations to be fostered, and for access to justice under both the Environment Impact Assessment (EIA) Directive and the WFD to be ensured in line with the case law of the Court of Justice; |
| --- | --- |

51.

| 52. | Welcomes the fact that the EU responded partially to Right2Water in the recast of the Drinking Water Directive by inserting a new article on access to water and more transparency on its quality to improve health and the environment; calls on the Member States to fully implement and enforce the WFD in order to ensure access to water for all and fully respond to Right2Water; |
| --- | --- |

52.

| 53. | Calls on the Member States and water providers to systematically use testing for COVID-19 in waste water as an early warning system to support the fight against the pandemic; |
| --- | --- |

53.

| 54. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

54.

---

(1)  OJ L 327, 22.12.2000, p. 1.

(2)  OJ L 135, 30.5.1991, p. 40.

(3)  OJ L 372, 27.12.2006, p. 19.

(4)  OJ L 288, 6.11.2007, p. 27.

(5)  OJ L 375, 31.12.1991, p. 1.

(6)  OJ L 348, 24.12.2008, p. 84.

(7)  OJ L 177, 5.6.2020, p. 32.

(8)  OJ L 164, 25.6.2008, p. 19.

(9)  OJ L 396, 30.12.2006, p. 1.

(10)  OJ L 334, 17.12.2010, p. 17.

(11)  Texts adopted, P9_TA(2019)0078.

(12)  Commission communication of 20 May 2020 entitled “EU Biodiversity Strategy for 2030: Bringing nature back into our lives” (COM(2020)0380).

(13)  Commission communication of 20 May 2020 entitled “A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system” (COM(2020)0381).

(14)  Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a General Union Environment Action Programme to 2020 “Living well, within the limits of our planet” (OJ L 354, 28.12.2013, p. 171).

(15)  Contained in Resolution 70/1 adopted by the UN General Assembly on 25 September 2015 entitled “Transforming our world: the 2030 Agenda for Sustainable Development”.

(16)  OJ C 324, 1.10.2020, p. 28.

(17)  OJ C 110, 22.3.2019, p. 94.

(18)  https://ec.europa.eu/eurostat/statistics-explained/index.php/Agri-environmental_indicator_-_gross_nitrogen_balance

(19)  European Environment Agency report of 4 December 2019 entitled “The European environment — state and outlook 2020: Knowledge for transition to a sustainable Europe”.

(20)  Commission executive summary of 10 December 2019 of the Fitness Check of the Water Framework Directive and the Floods Directive.

(21)  https://www.eea.europa.eu/publications/92-9167-025-1/page003.html

(22)  European Court of Auditors background paper of June 2018 entitled “Desertification in the EU”.

(23)  Commission study of March 2020 on energy storage — Contribution to the security of the electricity supply in Europe, p. 20.

(24)  https://ec.europa.eu/info/news/implementation-report-water-framework-directive-and-floods-directive-questions-and-answers-2019-feb-26_en

(25)  https://www.right2water.eu/documents

(26)  World Health Organization and the United Nations Children’s Fund, Progress on Drinking Water, Sanitation and Hygiene: 2017 Update and SDG Baselines, World Health Organization and the United Nations Children’s Fund, Geneva, 2017, p. 3.

(27)  Commission communication of 19 March 2014 entitled “European Citizens” Initiative “Water and sanitation are a human right! Water is a public good, not a commodity!”’ (COM(2014)0177).

(28)  OJ C 316, 22.9.2017, p. 99.

(29)  http://www.oecd.org/environment/financing-water-supply-sanitation-and-flood-protection-6893cdac-en.htm

(30)  Tenth Commission report of 10 September 2020 on the implementation status and programmes for implementation (COM(2020)0492).

(31)  https://www.eea.europa.eu/archived/archived-content-water-topic/water-resources/water-abstraction

(32)  https://ec.europa.eu/eurostat/statistics-explained/index.php/Archive:Agri-environmental_indicator_-_water_abstraction

(33)  Fitness Check of the Water Framework Directive and the Floods Directive, p. 66.

(34)  Fitness Check of the Water Framework Directive and the Floods Directive, p. 199.

(35)  Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, 5.12.1998, p. 32).

(36)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

(37)  Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).

(38)  Commission proposal of 29 May 2018 for a Regulation of the European Parliament and of the Council on the European Regional Development Fund and on the Cohesion Fund (COM(2018)0372).

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/140 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/140

---

P9_TA(2020)0378

EU Security Union Strategy

European Parliament resolution of 17 December 2020 on the EU Security Union Strategy (2020/2791(RSP))

(2021/C 445/17)

The European Parliament,

| — | having regard to the Treaty on European Union (TEU), in particular Articles 2 and 3 thereof, and to the Treaty on the Functioning of the European Union (TFEU), in particular Articles 4, 16, 67, 70-72, 75, 82-87 and 88 thereof, |
| --- | --- |

—

having regard to the Treaty on European Union (TEU), in particular Articles 2 and 3 thereof, and to the Treaty on the Functioning of the European Union (TFEU), in particular Articles 4, 16, 67, 70-72, 75, 82-87 and 88 thereof,

| — | having regard to the Charter of Fundamental Rights of the EU, in particular Articles 6, 7, 8, 11, 14, 21 and 24 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the EU, in particular Articles 6, 7, 8, 11, 14, 21 and 24 thereof,

| — | having regard to the Commission communication of 24 July 2020 on the EU Security Union Strategy (COM(2020)0605), |
| --- | --- |

—

having regard to the Commission communication of 24 July 2020 on the EU Security Union Strategy (COM(2020)0605),

| — | having regard to the Commission communication of 24 July 2020 on the EU strategy for a more effective fight against child sexual abuse (COM(2020)0607), |
| --- | --- |

—

having regard to the Commission communication of 24 July 2020 on the EU strategy for a more effective fight against child sexual abuse (COM(2020)0607),

| — | having regard to the Commission communication of 24 July 2020 on the 2020-2025 EU action plan on firearms trafficking (COM(2020)0608), |
| --- | --- |

—

having regard to the Commission communication of 24 July 2020 on the 2020-2025 EU action plan on firearms trafficking (COM(2020)0608),

| — | having regard to the Commission communication of 24 July 2020 on the EU Agenda and Action Plan on Drugs 2021-2025 (COM(2020)0606), |
| --- | --- |

—

having regard to the Commission communication of 24 July 2020 on the EU Agenda and Action Plan on Drugs 2021-2025 (COM(2020)0606),

| — | having regard to the Commission communication of 9 December 2020 entitled ‘A Counter-Terrorism Agenda for the EU: Anticipate, Prevent, Protect, Respond’ (COM(2020)0795), |
| --- | --- |

—

having regard to the Commission communication of 9 December 2020 entitled ‘A Counter-Terrorism Agenda for the EU: Anticipate, Prevent, Protect, Respond’ (COM(2020)0795),

| — | having regard to its resolution of 19 September 2019 on the state of implementation of the Union’s anti-money laundering legislation (1), |
| --- | --- |

—

having regard to its resolution of 19 September 2019 on the state of implementation of the Union’s anti-money laundering legislation (1),

| — | having regard to its resolution of 10 July 2020 on a comprehensive Union policy on preventing money laundering and terrorist financing — the Commission’s Action Plan and other recent developments (2), |
| --- | --- |

—

having regard to its resolution of 10 July 2020 on a comprehensive Union policy on preventing money laundering and terrorist financing — the Commission’s Action Plan and other recent developments (2),

| — | having regard to its resolution of 12 December 2018 on the findings and recommendations of the Special Committee on Terrorism (3), |
| --- | --- |

—

having regard to its resolution of 12 December 2018 on the findings and recommendations of the Special Committee on Terrorism (3),

| — | having regard to its resolution of 19 September 2019 on the importance of European remembrance for the future of Europe (4), |
| --- | --- |

—

having regard to its resolution of 19 September 2019 on the importance of European remembrance for the future of Europe (4),

| — | having regard to its resolution of 19 June 2020 on the anti-racism protests following the death of George Floyd (5), |
| --- | --- |

—

having regard to its resolution of 19 June 2020 on the anti-racism protests following the death of George Floyd (5),

| — | having regard to its resolution of 26 November 2019 on children’s rights on the occasion of the 30th anniversary of the UN Convention on the Rights of the Child (6), |
| --- | --- |

—

having regard to its resolution of 26 November 2019 on children’s rights on the occasion of the 30th anniversary of the UN Convention on the Rights of the Child (6),

| — | having regard to the ruling of the Court of Justice of the European Union (CJEU) of 6 October 2020 in Joined Cases C-511/18 La Quadrature du Net and Others, C-512/18 French Data Network and Others and C-520/18 Ordre des barreaux francophones et germanophone and Others, |
| --- | --- |

—

having regard to the ruling of the Court of Justice of the European Union (CJEU) of 6 October 2020 in Joined Cases C-511/18 La Quadrature du Net and Others, C-512/18 French Data Network and Others and C-520/18 Ordre des barreaux francophones et germanophone and Others,

| — | having regard to the case law of the CJEU on mass surveillance and data retention, |
| --- | --- |

—

having regard to the case law of the CJEU on mass surveillance and data retention,

| — | having regard to the Commission communication of 12 September 2018 on a Europe that protects: an initiative to extend the competences of the European Public Prosecutor’s Office to cross-border terrorist crimes (COM(2018)0641), |
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—

having regard to the Commission communication of 12 September 2018 on a Europe that protects: an initiative to extend the competences of the European Public Prosecutor’s Office to cross-border terrorist crimes (COM(2018)0641),

| — | having regard to recent Europol reports (7), |
| --- | --- |

—

having regard to recent Europol reports (7),

| — | having regard to Rule 132(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 132(2) of its Rules of Procedure,

| — | having regard to the motion for a resolution of the Committee on Civil Liberties, Justice and Home Affairs, |
| --- | --- |

—

having regard to the motion for a resolution of the Committee on Civil Liberties, Justice and Home Affairs,

| A. | whereas the Union’s security policy must remain grounded in the values upon which the EU was founded and which are enshrined in Article 2 of the TEU, including the principles of democracy, individual freedoms and the rule of law, and the Charter of Fundamental Rights; whereas the right to security as laid down in Article 6 of the Charter refers to security from unreasonable arrests, searches and other state interventions; whereas the European project is based on the idea of an open society; whereas any limitation on the exercise of these rights and freedoms must be provided for by law, and respect the essence of those rights and freedoms; whereas, subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others; |
| --- | --- |

A.

whereas the Union’s security policy must remain grounded in the values upon which the EU was founded and which are enshrined in Article 2 of the TEU, including the principles of democracy, individual freedoms and the rule of law, and the Charter of Fundamental Rights; whereas the right to security as laid down in Article 6 of the Charter refers to security from unreasonable arrests, searches and other state interventions; whereas the European project is based on the idea of an open society; whereas any limitation on the exercise of these rights and freedoms must be provided for by law, and respect the essence of those rights and freedoms; whereas, subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others;

| B. | whereas the new EU Security Union Strategy should provide the appropriate responses for effectively addressing existing and emerging challenges in a rapidly changing European landscape of security threats; whereas the Commission has identified cybercrime, including identity theft, and cybersecurity, hybrid threats, disinformation, terrorist attacks and organised crime ranging from trafficking in human beings to trade in firearms to drug trafficking and financial, economic and environmental crime as the main challenges; |
| --- | --- |

B.

whereas the new EU Security Union Strategy should provide the appropriate responses for effectively addressing existing and emerging challenges in a rapidly changing European landscape of security threats; whereas the Commission has identified cybercrime, including identity theft, and cybersecurity, hybrid threats, disinformation, terrorist attacks and organised crime ranging from trafficking in human beings to trade in firearms to drug trafficking and financial, economic and environmental crime as the main challenges;

| C. | whereas there was a downward trend in terms of numbers of terrorist attacks in the EU in 2019, but the EU has recently witnessed new terrorist attacks; whereas several attacks committed by right-wing extremists were not officially recognised as terrorist attacks (8); whereas the threat of jihadi terrorism remains high and whereas the threat of right-wing terrorism has been increasing in recent years; whereas the threat of left-wing terrorism continues to manifest itself in some Member States; whereas terrorism in all its forms and manifestations must be condemned and addressed; whereas the internet is one of the most frequently used instruments by terrorist organisations to spread terrorist content (9), recruit new members and incite violence; |
| --- | --- |

C.

whereas there was a downward trend in terms of numbers of terrorist attacks in the EU in 2019, but the EU has recently witnessed new terrorist attacks; whereas several attacks committed by right-wing extremists were not officially recognised as terrorist attacks (8); whereas the threat of jihadi terrorism remains high and whereas the threat of right-wing terrorism has been increasing in recent years; whereas the threat of left-wing terrorism continues to manifest itself in some Member States; whereas terrorism in all its forms and manifestations must be condemned and addressed; whereas the internet is one of the most frequently used instruments by terrorist organisations to spread terrorist content (9), recruit new members and incite violence;

| D. | whereas according to a Commission report published on 30 September 2020 (10), major gaps in the implementation of Directive (EU) 2017/541 (11) have been reported in the majority of Member States; |
| --- | --- |

D.

whereas according to a Commission report published on 30 September 2020 (10), major gaps in the implementation of Directive (EU) 2017/541 (11) have been reported in the majority of Member States;

| E. | whereas new forms of organised criminal activity continue to emerge in Europe, exploiting changing societal vulnerabilities, with most organised crime groups involved in multiple criminal activities; whereas the profits of organised crime groups in the EU are estimated at EUR 110 billion per year, but only around 1 % of these profits are confiscated (12); whereas there is a strong link between organised crime and corruption; |
| --- | --- |

E.

whereas new forms of organised criminal activity continue to emerge in Europe, exploiting changing societal vulnerabilities, with most organised crime groups involved in multiple criminal activities; whereas the profits of organised crime groups in the EU are estimated at EUR 110 billion per year, but only around 1 % of these profits are confiscated (12); whereas there is a strong link between organised crime and corruption;

| F. | whereas in 2019, the Commission opened infringement procedures against 23 Member States for failing to comply with Directive 2011/93/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography (13); whereas Member States have made progress in implementing the directive but challenges remain, notably with regard to prevention, criminal law, and protection, support and assistance for victims; whereas online sexual coercion and extortion of children, as well as sexual exploitation on the basis of explicit material produced by children themselves, is facilitated by the widespread availability of online devices; whereas a growing number of children and teenagers are falling victim to online grooming; |
| --- | --- |

F.

whereas in 2019, the Commission opened infringement procedures against 23 Member States for failing to comply with Directive 2011/93/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography (13); whereas Member States have made progress in implementing the directive but challenges remain, notably with regard to prevention, criminal law, and protection, support and assistance for victims; whereas online sexual coercion and extortion of children, as well as sexual exploitation on the basis of explicit material produced by children themselves, is facilitated by the widespread availability of online devices; whereas a growing number of children and teenagers are falling victim to online grooming;

| G. | whereas sexual exploitation continues to be the most prevalent purpose behind trafficking in human beings in the EU, while an increase in trafficking for labour exploitation has been reported in several Member States (14); whereas the number of convictions and prosecutions remains low in relation to the reported number of victims; whereas digital technologies, social media and internet services are major tools used to recruit trafficking victims; |
| --- | --- |

G.

whereas sexual exploitation continues to be the most prevalent purpose behind trafficking in human beings in the EU, while an increase in trafficking for labour exploitation has been reported in several Member States (14); whereas the number of convictions and prosecutions remains low in relation to the reported number of victims; whereas digital technologies, social media and internet services are major tools used to recruit trafficking victims;

| H. | whereas according to reports by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and Europol, the illicit drugs market in the EU, which is increasingly complex, adaptive and innovative, has an estimated retail value of around EUR 30 billion per year, and trafficking in illicit drugs represents a major source of income for organised crime groups, which may have links to other illegal activities and terrorism; whereas illicit drugs trafficking is becoming a driver for increasing violence and corruption and can have wide-ranging negative impacts on society; whereas drugs-related deaths in Europe appear to be stable at more than 9 000 fatalities every year (15) and whereas drug use remains an important public health issue; |
| --- | --- |

H.

whereas according to reports by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and Europol, the illicit drugs market in the EU, which is increasingly complex, adaptive and innovative, has an estimated retail value of around EUR 30 billion per year, and trafficking in illicit drugs represents a major source of income for organised crime groups, which may have links to other illegal activities and terrorism; whereas illicit drugs trafficking is becoming a driver for increasing violence and corruption and can have wide-ranging negative impacts on society; whereas drugs-related deaths in Europe appear to be stable at more than 9 000 fatalities every year (15) and whereas drug use remains an important public health issue;

| I. | whereas in 2019 Europol continued to provide Member States with operational analysis and process contributions, as well as proactive support for high-profile investigations covering the three areas which pose a continuous threat to the internal security of the Union, namely cybercrime, serious and organised crime, and terrorism; |
| --- | --- |

I.

whereas in 2019 Europol continued to provide Member States with operational analysis and process contributions, as well as proactive support for high-profile investigations covering the three areas which pose a continuous threat to the internal security of the Union, namely cybercrime, serious and organised crime, and terrorism;

| J. | whereas in 2019, the Prüm Network had over 9,2 million DNA profiles available for comparison across all the databases of the Member States, with more than 2,2 million DNA searches made in that year; whereas, furthermore, there were almost 400 000 fingerprint searches yielding 10 000 verified hits, and more than 16 million vehicle registration data searches (16); |
| --- | --- |

J.

whereas in 2019, the Prüm Network had over 9,2 million DNA profiles available for comparison across all the databases of the Member States, with more than 2,2 million DNA searches made in that year; whereas, furthermore, there were almost 400 000 fingerprint searches yielding 10 000 verified hits, and more than 16 million vehicle registration data searches (16);

| K. | whereas judicial cooperation in criminal matters is one of the foundations of the Union area of freedom, security and justice, and is based on the principle of mutual recognition of judgments and judicial decisions; whereas mutual recognition needs to be based on mutual trust between Member States; whereas the investigation of many crimes requires electronically-stored evidence (‘e-evidence’); whereas the competent authorities often face practical difficulties in obtaining the relevant data from service providers in cross-border investigations owing to the ineffectiveness of the existing instruments, such as mutual legal assistance agreements and the European Investigation Order; whereas existing procedures can be lengthy and the relevant data has often been deleted by the time the request reaches the service provider; whereas the co-legislators are currently discussing a legislative package on e-evidence; |
| --- | --- |

K.

whereas judicial cooperation in criminal matters is one of the foundations of the Union area of freedom, security and justice, and is based on the principle of mutual recognition of judgments and judicial decisions; whereas mutual recognition needs to be based on mutual trust between Member States; whereas the investigation of many crimes requires electronically-stored evidence (‘e-evidence’); whereas the competent authorities often face practical difficulties in obtaining the relevant data from service providers in cross-border investigations owing to the ineffectiveness of the existing instruments, such as mutual legal assistance agreements and the European Investigation Order; whereas existing procedures can be lengthy and the relevant data has often been deleted by the time the request reaches the service provider; whereas the co-legislators are currently discussing a legislative package on e-evidence;

| L. | whereas the implementation of the Procedural Safeguards Directive (17), whose purpose is to ensure the fairness of criminal proceedings, has not been satisfactory, to the detriment of mutual trust and cooperation between judicial authorities; |
| --- | --- |

L.

whereas the implementation of the Procedural Safeguards Directive (17), whose purpose is to ensure the fairness of criminal proceedings, has not been satisfactory, to the detriment of mutual trust and cooperation between judicial authorities;

| M. | whereas the CJEU has on several occasions ruled that blanket data retention and mass surveillance of electronic communications or of travel data is not compliant with the Charter of Fundamental Rights; whereas in its ruling on joined cases C-511/18, C-512/18 and C520/18, the CJEU upheld the case law from Tele2, concluding that only a targeted retention of data limited to specific persons or a specific geographical area is allowed; whereas the court also specified, however, that IP addresses assigned to the source of a communication may be subject to generalised and indiscriminate retention for the purpose of combating serious crime and serious threats to public security, subject to strict safeguards; |
| --- | --- |

M.

whereas the CJEU has on several occasions ruled that blanket data retention and mass surveillance of electronic communications or of travel data is not compliant with the Charter of Fundamental Rights; whereas in its ruling on joined cases C-511/18, C-512/18 and C520/18, the CJEU upheld the case law from Tele2, concluding that only a targeted retention of data limited to specific persons or a specific geographical area is allowed; whereas the court also specified, however, that IP addresses assigned to the source of a communication may be subject to generalised and indiscriminate retention for the purpose of combating serious crime and serious threats to public security, subject to strict safeguards;

| N. | whereas the implementation of the Victims’ Rights Directive (18) has not been satisfactory, owing in particular to incomplete and/or incorrect transposition (19); |
| --- | --- |

N.

whereas the implementation of the Victims’ Rights Directive (18) has not been satisfactory, owing in particular to incomplete and/or incorrect transposition (19);

| O. | whereas the COVID-19 crisis has significantly exacerbated certain crimes, such as the production and distribution of child sexual abuse material online, with reports estimating that such material has increased by 25 % in some Member States; whereas between 70 % and 85 % of children who have suffered abuse know their abuser, and the vast majority are victims of people they trust; whereas reports of domestic violence, especially against women and children, have increased significantly during this period; whereas the pandemic has proven to have a considerable impact on the landscape of serious and organised crime throughout Europe in areas such as cybercrime, goods counterfeiting, fraud and organised property crime (20); whereas the crisis causes delays and hinders access to justice, assistance and support, as well as aggravating prison conditions; whereas the crisis has aggravated the situation of migrants, making them more vulnerable to abuse by criminals, and caused smuggling routes to shift; |
| --- | --- |

O.

whereas the COVID-19 crisis has significantly exacerbated certain crimes, such as the production and distribution of child sexual abuse material online, with reports estimating that such material has increased by 25 % in some Member States; whereas between 70 % and 85 % of children who have suffered abuse know their abuser, and the vast majority are victims of people they trust; whereas reports of domestic violence, especially against women and children, have increased significantly during this period; whereas the pandemic has proven to have a considerable impact on the landscape of serious and organised crime throughout Europe in areas such as cybercrime, goods counterfeiting, fraud and organised property crime (20); whereas the crisis causes delays and hinders access to justice, assistance and support, as well as aggravating prison conditions; whereas the crisis has aggravated the situation of migrants, making them more vulnerable to abuse by criminals, and caused smuggling routes to shift;

| 1. | Welcomes the publication of the new EU Security Union Strategy and highlights the need for the effective implementation and evaluation of existing EU legislation in this area; agrees with the Commission that where gaps in the regulatory and enforcement framework have been identified, follow-up is needed in the form of legislative and non-legislative initiatives; stresses, furthermore, that measures in the framework of the Security Union Strategy must be sufficiently flexible to respond to constantly changing circumstances and criminal organisations changing their modus operandi; |
| --- | --- |

1.

| 2. | Stresses that any new legislative proposal must be accompanied by a thorough and comprehensive impact assessment, including on the impact on fundamental rights and risks of discrimination; highlights the key role of the EU Fundamental Rights Agency (FRA) in evaluating respect for fundamental rights; |
| --- | --- |

2.

| 3. | Highlights that terrorism, irrespective of its nature, aims to threaten democratic societies in Europe and targets European values; deplores the many victims, particularly of jihadi attacks and right-wing extremism, over the past few years; emphasises the important work of law enforcement authorities, which have helped to foil many attacks; notes, however, that the terrorist threat in the EU remains high; urges the Commission to ensure the full and swift implementation of Directive (EU) 2017/541 on combating terrorism in all Member States; welcomes the new EU counter-terrorism agenda put forward by the Commission on 9 December 2020, which promotes a joined-up approach based on existing work and the new initiatives announced therein to anticipate, prevent, protect and respond to terrorist threats, which are based on various drivers such as those mentioned in the Europol TE-SAT 2020 report; believes that the measures and action included therein, in particular on coordination, intensified cooperation at national, regional and international level and information exchange between Member States’ competent authorities, on terrorism financing, on countering radicalisation offline and online, on prevention and education, on the fight against hate speech, racism and intolerance, and on protection, assistance and support for the victims of terrorism, will contribute to countering the threat posed by terrorism more effectively in the future; |
| --- | --- |

3.

| 4. | Calls on the Commission and the Member States to implement a holistic approach to preventing and countering radicalisation, which should combine security, education, social, cultural and anti-discrimination policies, and involve all the relevant stakeholders, including the Radicalisation Awareness Network (RAN), grassroots community initiatives and grassroots community work, community-oriented policing, language and values integration, and lifelong education; reiterates its call on the Commission to use EU funds more effectively to this end, and to develop methodologies to assess the effectiveness of the relevant programmes; |
| --- | --- |

4.

| 5. | Stresses that education, including the development of critical thinking, digital and online safety skills, is critical for medium- and long-term prevention and key to reducing radicalisation and disenfranchisement, which leads to criminal activity; |
| --- | --- |

5.

| 6. | Reiterates that, while not the only factor, online terrorist content has proven to be a catalyst for the radicalisation of individuals and young people in particular, some of whom have committed terrorist offences as defined in Directive (EU) 2017/541; considers that the fight against social inequalities is crucial to tackling the root causes of radicalisation; stresses the need to swiftly identify and completely remove terrorist content online on the basis of clear legal provisions, including human review and appropriate and robust safeguards to ensure full respect for fundamental rights and constitutional standards; underlines that, although some progress has been made in this regard, companies need to be far more engaged in this process; calls for transparent mechanisms to be established in order to enable online terrorist content to be identified and reported swiftly, and to enable EU citizens to flag up such content; considers the proposal for a Regulation on preventing the dissemination of terrorist content online (21) recently agreed on between Parliament and the Council to be an important instrument in this regard and calls for its full implementation as soon as it starts to apply; emphasises the need to strengthen the capabilities of Europol’s EU Internet Referral Unit (EU IRU); |
| --- | --- |

6.

| 7. | Recalls that freedom of religion and freedom of expression are fundamental rights enshrined in Articles 10 and 11 of the Charter of Fundamental Rights; calls for the EU and its Member States to uphold these fundamental rights in the light of the recent religiously motivated terrorist attacks; |
| --- | --- |

7.

| 8. | Welcomes the agenda for tackling organised crime announced by the Commission; reiterates its previous calls for the revision of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (22), and the need to establish a common definition of organised crime; considers that this common definition should also take into account the use of violence, corruption or intimidation by criminal groups to obtain control of economic activities or public procurement, or to influence democratic processes; believes that organised criminal groups can be more efficiently dismantled by depriving them of the profits from crime; stresses, in this regard, the need for further measures on freezing and confiscating assets, including on non-conviction based assets, and calls on the Member States to step up cooperation and information exchange in this regard; notes that emerging criminal activities such as environmental crime, organised property crime or trafficking in cultural goods should not be overlooked, as they often provide funding for other criminal activities; |
| --- | --- |

8.

| 9. | Welcomes the Commission communication of 7 May 2020 on an Action Plan for a comprehensive Union policy on preventing money laundering and terrorist financing, which sets out further improvements in the EU’s response to these crimes, in particular in the enforcement and implementation of existing legislation; reiterates the need for better cooperation between administrative, judicial and law enforcement authorities within the EU, and in particular the Member States’ Financial Intelligence Units (FIUs), including through FIU.net; believes that the visibility of current cooperation models in the security area such as the European Multidisciplinary Platform Against Criminal Threats (EMPACT) should be increased; believes that the EU should lead the way on much needed Financial Action Task Force (FATF) reforms; believes that the Anti-Money Laundering Directive must be thoroughly evaluated and, if necessary, reviewed; |
| --- | --- |

9.

| 10. | Reiterates its call on the EU institutions and the Member States to resolutely fight systemic corruption and to devise effective instruments for preventing, combating and sanctioning corruption and fighting fraud, as well as regularly monitoring the use of public funds; calls therefore on the Commission to immediately resume its annual anti-corruption monitoring and reporting, which should cover all Member States and the EU institutions, agencies and bodies; stresses, therefore, that EU funding under the new MFF and the Recovery Plan must be effectively prevented from being used for corruption and fraud by organised crime groups; |
| --- | --- |

10.

| 11. | Recalls that Member States with residence and citizenship by investment schemes often facilitate corruption and money laundering, thereby importing security risks into the Union; welcomes the infringement procedures launched by the Commission (23) in this regard; reiterates its call on the Commission to fully use its right of legislative initiative to put forward a legislative proposal to ban or regulate these schemes; |
| --- | --- |

11.

| 12. | Stresses the need to step up efforts at Union and national level to address the evolving phenomenon of child sexual abuse online and offline, including to prevent, detect and report child sexual abuse, to take down child sexual abuse material online, and to improve the investigation and prosecution of related offences; takes note of the Commission communication of 24 July 2020 on the EU strategy for a more effective fight against child sexual abuse; takes note, further, of the Commission’s intention to present a new comprehensive legislative proposal requiring service providers to detect and report child sexual abuse online before June 2021; expects this proposal to be in full compliance with fundamental rights and accompanied by a thorough impact assessment; |
| --- | --- |

12.

| 13. | Stresses that these measures need to be complemented by a public awareness campaign designed in cooperation with all relevant stakeholders, including children’s rights organisations, which educates children, their parents, and teachers on dangers online; calls for better protection of children, including their personal data and privacy, on the internet, and asks Member States to support current networks and campaigns active in this field; |
| --- | --- |

13.

| 14. | Calls on the Member States to fully implement Directive 2011/93/EU, and to provide appropriate human and financial resources to fully apply it as a matter of urgency; deplores the fact that the criminal code in several Member States provides for very light penalties for engaging in sexual activities with a child, which do not constitute an effective deterrent (24); calls on the Member States to reassess these penalties, and to make the necessary legislative changes to swiftly bring their legal codes into line with the provisions of Directive 2011/93/EU; urges the Commission to assess whether this directive needs to be strengthened by including provisions on the protection of victims, support for them, and prevention of these offences; |
| --- | --- |

14.

| 15. | Reminds the Commission of its call for the designation of an EU representative for children’s rights, who should serve as a point of reference for all EU matters and policy related to children; welcomes the Commission’s decision to include in the EU strategy of 24 July 2020 for a more effective fight against child sexual abuse the creation of a European centre to prevent and counter child sexual abuse, as requested by Parliament in its resolution of 26 November 2019 on children’s rights, as a focal point for a coordinated and multi-stakeholder European approach, including law enforcement, prevention and assistance to victims of child sexual abuse; |
| --- | --- |

15.

| 16. | Stresses that end-to-end encryption contributes to citizens’ privacy, including protecting children on the internet, contributes to the security of IT systems, and that it is indispensable for investigative journalists and whistle-blowers, among others, wishing to report wrongdoing; points out that backdoors may severely compromise the strength and efficiency of encryption, and may be abused by criminals and non-EU external state actors seeking to destabilise our society; points to the fact that criminals swiftly adapt to new developments and exploit emerging technologies for illicit purposes; calls, therefore, on Member States and the EU Agency for Law Enforcement Training (CEPOL) to provide high quality training in relevant areas to law enforcement authorities; calls on the Commission to assess whether a regulatory solution could be found to enable lawful and targeted law-enforcement access to needed data while complying with fundamental rights; |
| --- | --- |

16.

| 17. | Highlights that disinformation, especially when amplified by new technologies such as artificial intelligence and deep fakes, whether deployed by state or non-state actors, can represent a threat to democracy and security; calls on the Commission to make combating disinformation an integral part of our Security Union Strategy, including by allocating adequate funding; takes note of the European Democracy Action Plan, which addresses the challenge of disinformation as a potential threat to internal security; recalls the importance of awareness-raising campaigns to inform citizens about the fact that such disinformation techniques are used; |
| --- | --- |

17.

| 18. | Acknowledges that countering hybrid threats that aim to weaken social cohesion and undermine trust in institutions, as well as enhancing EU resilience, are an important element of the Security Union Strategy; stresses, in this regard, the need for stronger cooperation between the Member States and for better coordination at EU level, between all the actors, in order to counter these threats; welcomes the key measures for countering hybrid threats set out by the Commission, and stresses the need to mainstream hybrid considerations into broader policymaking; |
| --- | --- |

18.

| 19. | Stresses that new and evolving technologies permeate all aspects of security, and create novel security challenges and threats; highlights the importance of secured critical infrastructure, including digital and communication infrastructure; calls on the Commission to proactively plan for the research, development and deployment of new technologies for ensuring EU internal security, with full respect for fundamental rights and European values; underlines that the EU must not fund technologies that violate fundamental rights; |
| --- | --- |

19.

| 20. | Highlights that 5G infrastructure is a strategic component of future European security and a key component of European strategic resilience; calls on the Commission to draft a plan for building European 5G, including funding for its development in Europe and a plan to phase out and replace 5G technology from third countries which do not respect fundamental rights and European values; |
| --- | --- |

20.

| 21. | Notes that organised criminal smuggling is often intertwined with other forms of organised crime; expects the 2021-2025 EU Action Plan against Migrant Smuggling to propose actions to improve the capacity to prevent, identify, investigate and prosecute criminal smuggling networks; takes the view that among its key aspects, the Action Plan should address the use of social media platforms and online messaging platforms used by smugglers for advertising services and recruiting customers; believes that particular attention should be paid to unaccompanied minors, who constitute a highly vulnerable group and face various risks, including violence, abuse, and exploitation, along migration routes towards and within the EU (25); takes note of the role of EU agencies and entities, notably Europol’s Migrant Smuggling Centre (EMSC); calls on Member States to comply with international law when dealing with humanitarian assistance to people in distress at sea in line with the Commission’s 2020 guidance; |
| --- | --- |

21.

| 22. | Welcomes the adoption of the 2020-2025 EU action plan on firearms trafficking, including proper indicators and reporting provisions and encompassing South-East European partners (Western Balkans, Moldova and Ukraine), while stepping up cooperation with countries in the Middle East and North Africa; welcomes the Commission’s intention to introduce systematic and harmonised data collection on firearms seizures; |
| --- | --- |

22.

| 23. | Calls for swift implementation of the preparatory action proposed by Parliament on efficient monitoring of the darknet at EU level, and calls on the Member States and Commission to look into further actions to prevent the trafficking of firearms in the darknet; |
| --- | --- |

23.

| 24. | Welcomes the Commission proposal to confirm the Union and Member States’ commitment to protecting citizens’ health and security from drug-related threats through the adoption of a new EU Agenda on Drugs for the next five years; takes the view that Union drug policy should continue to pursue an integrated, balanced, multidisciplinary, evidence- and human rights-based approach, and be closely coordinated with the Union’s external action; insists that Union action on illicit drugs should devote comparable attention and resources to both the supply and demand side of the phenomenon, and calls for an increased focus on rehabilitation and prevention in the EU action plan, including by means of awareness-raising campaigns dedicated especially to children and young people; |
| --- | --- |

24.

| 25. | Supports the participation of civil society and other relevant stakeholders in the ongoing discussions on the Commission communication on the EU Agenda and Action Plan on Drugs 2021-2025; takes the view that the Union and national responses to drugs-related challenges should be designed with the widest possible involvement of those concerned, including drug users; calls for the extension of the mandate of the EMCDDA to cover multiple addictions; |
| --- | --- |

25.

| 26. | Takes note of the Commission’s legislative proposal of 9 December 2020 (26) to strengthen the mandate of Europol within the mission and tasks of the agency as laid down in the Treaty with a view to enable it to better fulfil its role as a hub for the exchange of information on law enforcement and for cooperation in the fight against terrorism and serious and organised crime in the EU and to provide Europol with the relevant tools for cooperating more effectively with all the relevant partners; stresses that such changes should be accompanied by enhanced political accountability, as well as enhanced judicial control and parliamentary scrutiny, with a strong focus on accountability, transparency and respect for fundamental rights; stresses that the revision of Europol’s mandate should fully align the agency’s data protection regime with Regulation (EU) 2018/1725 (27); demands that the evaluation of the current legal framework for Europol’s mandate is presented as provided for by Article 68 of the current Europol Regulation; |
| --- | --- |

26.

| 27. | Takes note of the possible modernisation of the legislative framework of the Prüm decisions; acknowledges the shortcomings and potential improvements identified by various experts, and attributed, inter alia, to insufficient data quality; recalls the importance of publicly available and accurate data regarding the use of Prüm, and calls on the Commission to gather this data from all participating Member States in order to properly evaluate the current Prüm framework and to allow for meaningful democratic scrutiny; demands that any new proposal contains the obligation for Member States to provide this data to the Commission, which must be used for regular and publicly available review reports; demands, further, that the proposal is accompanied by a thorough impact assessment, covering fundamental rights implications, which should demonstrate whether there would be added value in automatic data exchange, as well as whether any additional categories of biometric data are needed; stresses that any new solution has to respect the principles of necessity and proportionality, as well as the EU acquis on data protection, and provide for robust safeguards to protect fundamental rights; |
| --- | --- |

27.

| 28. | Highlights that the Advanced Passenger Information (API) Directive (28) has contributed to more efficient border controls and the identification of persons posing security threats; notes the Commission’s intention to propose a new version of the API Directive to be compliant with Treaty of Lisbon provisions and the data protection acquis; expects this revision to be accompanied by a thorough impact assessment, including fundamental rights implications; |
| --- | --- |

28.

| 29. | Recalls that important EU legislative initiatives have been finalised in recent years in order to detect criminals at its external borders and to improve the efficiency of police cooperation with the aim of contributing to a high level of security within the area of freedom, security and justice of the Union; recalls, further, that these initiatives include a new architecture for EU information systems and their interoperability, and that attention should now be focused on their timely implementation, with full respect for fundamental rights; |
| --- | --- |

29.

| 30. | Stresses that sufficient capacity for information processing by law enforcement is a vital part of the entire chain of security efforts in the Union as a whole; points out that insufficient capacity in one or more Member States seriously weakens the effectiveness of EU security policies; calls on the Commission to do everything in its competence to ensure adequate capacity for processing information in the Member States; |
| --- | --- |

30.

| 31. | Acknowledges Eurojust’s work in supporting and coordinating the work of national judicial authorities in investigating and prosecuting transnational crime; calls for increased efforts to promote mutual trust among judicial authorities, including through the effective implementation of the Procedural Roadmap Directives, and to facilitate and accelerate the exchange of information and communication in the judicial sector in the European Union; stresses that judicial cooperation in criminal matters is lagging behind in digitalisation; calls on the Commission and the Member States to provide judicial authorities with financial support to secure adequate analytical standards and appropriate digital tools, to facilitate and accelerate their cooperation, and allow for secure exchange of information; welcomes the Commission communication of 2 December 2020 on the digitalisation of justice in the EU, and the proposal for a regulation on a computerised system for communication in cross-border civil and criminal proceedings (e-CODEX system); |
| --- | --- |

31.

| 32. | Points out that judicial cooperation between Member States and the mutual recognition of judicial decisions and judgments should be improved, including by means of a timely and correct implementation of judicial cooperation instruments in criminal matters; points out that certain developments in the rule of law situation in several Member States have impacted this exchange of information and police and judicial cooperation in general; stresses, in this regard, that mutual trust relies on a common understanding of the EU values enshrined in Article 2 of the TEU, including the rule of law, which independent judiciaries and the fight against corruption are essential components of; |
| --- | --- |

32.

| 33. | Reiterates its call for further action to improve the training of law enforcement on strategies to fight against racism and discrimination, and to prevent, identify and ban racial and ethnic profiling and violence; calls on the Member States to invest in this field, and cooperate with CEPOL and the European Judicial Training Network; underlines that there is a continued need for training on trends in radicalisation, terrorism and money laundering; |
| --- | --- |

33.

| 34. | Welcomes the establishment of the European Public Prosecutor’s Office (EPPO); calls for its independence to be preserved, and for its effective functioning in national judicial procedures to be ensured; is concerned that the Commission has committed a significant omission by not taking into account the EPPO’s role in enhancing our Security Union: calls for the assessment of a potential extension of the EPPO’s mandate in line with Article 83 of the TFEU, once the EPPO is fully operational; |
| --- | --- |

34.

| 35. | Calls on the Member States to ensure the full and correct implementation of the Victims’ Rights Directive and other EU rules on victims’ rights; welcomes the adoption of the Victim’s Rights Strategy and the creation of the post of Commission Coordinator for Victims’ Rights; reiterates its call for special attention to be paid to vulnerable victims, and for the possibility of compensation to be paid out of seized and confiscated assets and the proceeds of crimes; reiterates its call for sustainable funding for victim support services to be ensured; |
| --- | --- |

35.

| 36. | Reiterates the need for effective protection and assistance to vulnerable victims of trafficking, including their reintegration into society, with particular attention for unaccompanied minors; highlights the need for law enforcement personnel to be trained in the psychological aspects of trafficking, and for a gender- and child-friendly approach that implements anti-discrimination legislation; |
| --- | --- |

36.

| 37. | Stresses that gender equality is a crucial aspect for combating radicalisation, reducing domestic violence, and for preventing sexual abuse and child abuse; calls on the Commission to include measures to support gender equality as an important prevention component of its security strategy, and calls on the Council to activate the passerelle clause by adopting a unanimous decision to identify violence against women and girls (and other forms of gender-based violence) as one of the areas of crime defined in Article 83(1) of the TFEU; calls on the Commission and Member States to prioritise the fight against domestic violence by providing support services, establishing specialised law enforcement units and prosecuting these crimes; calls on the Commission and Member States to provide updated data on this; calls for the EU and the Member States to ratify the Istanbul Convention; |
| --- | --- |

37.

| 38. | Regrets the systematic lack of full and timely implementation of EU security measures by the Member States; considers that security measures must not only be implemented to the letter of the law, but also to the spirit; notes that if security measures are systematically not being implemented fully and on time, they risk being void, may not result in more security, and therefore no longer fulfil the requirements of necessity and proportionality; calls on the Commission to start infringement procedures immediately after transposition deadlines or after a breach has been identified; |
| --- | --- |

38.

| 39. | Stresses the importance of evidence of the effectiveness of current EU security measures; points out that the extent to which the restriction of fundamental rights can be considered necessary and proportionate depends on the effectiveness of these policies, proven by publicly available quantitative and qualitative evidence; regrets the fact that the Commission has so far only made available anecdotal evidence about security measures, but no quantitative evidence; |
| --- | --- |

39.

| 40. | Calls on the Commission to regularly evaluate current security policies and agreements, and bring them into line with CJEU case law where necessary; takes the view that the passenger name record (PNR) agreements with the USA and Australia must be urgently amended to be compliant with CJEU case law, and considers the Commission’s refusal to act accordingly a grave omission; |
| --- | --- |

40.

| 41. | Is concerned about the outsourcing of some activities from law enforcement agencies to the private sector, and calls for better oversight over any private-public cooperation in the field of security; regrets the lack of transparency on EU funding for private companies establishing security systems or parts thereof; |
| --- | --- |

41.

| 42. | Is deeply concerned by the lack of resources allocated to some EU agencies acting in the field of justice and home affairs (JHA) to comply fully with their mandate; calls for proper funding and staffing of EU agencies and bodies in the field of JHA in order for the EU to deliver on the Security Union Strategy; |
| --- | --- |

42.

| 43. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

43.

---

(1)  Texts adopted, P9_TA(2019)0022.

(2)  Texts adopted, P9_TA(2020)0204.

(3)  OJ C 388, 13.11.2020, p. 42.

(4)  Texts adopted, P9_TA(2019)0021.

(5)  Texts adopted, P9_TA(2020)0173.

(6)  Texts adopted, P9_TA(2019)0066.

(7)  European Union Terrorism Situation and Trend Report (TE-SAT) 2020, published on 23 June 2020; Internet Organised Crime Threat Assessment (IOCTA) 2020, published on 5 October 2020; ‘Exploiting isolation: Offenders and victims of online child sexual abuse during the COVID-19 pandemic’, published on 19 June 2020.

(8)  Europol, TE-SAT 2020, p. 66.

(9)  Based on Europol TE-SAT 2020, p. 24.

(10)  Commission report of 30 September 2020 based on Article 29(1) of Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism (COM(2020)0619).

(11)  OJ L 88, 31.3.2017, p. 6.

(12)  EU Security Union Strategy, p. 19.

(13)  OJ L 335, 17.12.2011, p. 1.

(14)  Commission staff working document accompanying the third report on the progress made in the fight against trafficking in human beings (2020) as required under Article 20 of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims, p. 3 (SWD(2020)0226).

(15)  EMCDDA, European Drug Report 2020: Trends and Developments, September 2020, p. 66.

(16)  Deloitte Consulting & Advisory CVBA, Study on the Feasibility of Improving Information Exchange under the Prüm Decisions, May 2020, p. 7.

(17)  OJ L 132, 21.5.2016, p. 1.

(18)  OJ L 315, 14.11.2012, p. 57.

(19)  Commission report of 11 May 2020 on the implementation of Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, p. 9 (COM(2020)0188).

(20)  Europol, How COVID-19-related crime infected Europe during 2020, 12 November 2020.

(21)  COM(2018)0640.

(22)  OJ L 300, 11.11.2008, p. 42.

(23)  Infringement procedures against Cyprus and Malta of 20 October 2020 regarding their investor citizenship schemes, also referred to as ‘golden passport’ schemes.

(24)  Commission report of 16 December 2016 assessing the extent to which the Member States have taken the necessary measures in order to comply with Directive 2011/93/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, p. 8 (COM(2016)0871).

(25)  European Migrant Smuggling Centre (Europol), Fourth Annual Activity Report — 2020.

(26)  Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/794, as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigations, and Europol’s role on research and innovation (COM(2020)0796).

(27)  OJ L 295, 21.11.2018, p. 39.

(28)  Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data (OJ L 261, 6.8.2004, p. 24).

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/150 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/150

---

P9_TA(2020)0379

The need for a dedicated Council configuration on gender equality

European Parliament resolution of 17 December 2020 on the need for a dedicated Council configuration on gender equality (2020/2896(RSP))

(2021/C 445/18)

The European Parliament,

| — | having regard to Articles 2 and 3(3) of the Treaty on the European Union and Articles 8, 10, 19, 153(1)(i), 157 and 236 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 2 and 3(3) of the Treaty on the European Union and Articles 8, 10, 19, 153(1)(i), 157 and 236 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Articles 21 and 23 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Articles 21 and 23 of the Charter of Fundamental Rights of the European Union,

| — | having regard to Article 2(1) of the Council’s Rules of Procedure, |
| --- | --- |

—

having regard to Article 2(1) of the Council’s Rules of Procedure,

| — | having regard to the Commission proposal of 2 July 2008 for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (Anti-Discrimination Directive) (COM(2008)0426), |
| --- | --- |

—

having regard to the Commission proposal of 2 July 2008 for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (Anti-Discrimination Directive) (COM(2008)0426),

| — | having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (1), |
| --- | --- |

—

having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (1),

| — | having regard to the Commission proposal of 14 March 2012 for a directive of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures (Women on Boards Directive) (COM(2012)0614), |
| --- | --- |

—

having regard to the Commission proposal of 14 March 2012 for a directive of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures (Women on Boards Directive) (COM(2012)0614),

| — | having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), which entered into force on 1 August 2014, |
| --- | --- |

—

having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), which entered into force on 1 August 2014,

| — | having regard to the Commission proposal of 4 March 2016 for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence (COM(2016)0109), |
| --- | --- |

—

having regard to the Commission proposal of 4 March 2016 for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence (COM(2016)0109),

| — | having regard to its resolution of 28 November 2019 on the EU’s accession to the Istanbul Convention and other measures to combat gender-based violence (2), |
| --- | --- |

—

having regard to its resolution of 28 November 2019 on the EU’s accession to the Istanbul Convention and other measures to combat gender-based violence (2),

| — | having regard to its resolution of 30 January 2020 on the gender pay gap (3), |
| --- | --- |

—

having regard to its resolution of 30 January 2020 on the gender pay gap (3),

| — | having regard to its resolution of 23 October 2020 on Gender Equality in EU’s foreign and security policy (4), |
| --- | --- |

—

having regard to its resolution of 23 October 2020 on Gender Equality in EU’s foreign and security policy (4),

| — | having regard to its resolution of 19 June 2020 on the anti-racism protests following the death of George Floyd (5), |
| --- | --- |

—

having regard to its resolution of 19 June 2020 on the anti-racism protests following the death of George Floyd (5),

| — | having regard to the Gender Equality Index 2020 of the European Institute for Gender Equality (EIGE), published on 28 October 2020, |
| --- | --- |

—

having regard to the Gender Equality Index 2020 of the European Institute for Gender Equality (EIGE), published on 28 October 2020,

| — | having regard to the EIGE report of 19 November 2020 on gender inequalities in care and pay in the EU, |
| --- | --- |

—

having regard to the EIGE report of 19 November 2020 on gender inequalities in care and pay in the EU,

| — | having regard to the Council conclusions of 10 December 2019 entitled ‘Gender-Equal Economies in the EU: The Way Forward’, |
| --- | --- |

—

having regard to the Council conclusions of 10 December 2019 entitled ‘Gender-Equal Economies in the EU: The Way Forward’,

| — | having regard to the Council conclusions of 2 December 2020 on tackling the gender pay gap, |
| --- | --- |

—

having regard to the Council conclusions of 2 December 2020 on tackling the gender pay gap,

| — | having regard to the European Pillar of Social Rights and, in particular, principles 2, 3, 9 and 15 thereof, |
| --- | --- |

—

having regard to the European Pillar of Social Rights and, in particular, principles 2, 3, 9 and 15 thereof,

| — | having regard to the UN Sustainable Development Goals (SDGs) agreed in 2015, in particular goals 5 and 8, |
| --- | --- |

—

having regard to the UN Sustainable Development Goals (SDGs) agreed in 2015, in particular goals 5 and 8,

| — | having regard to the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152), |
| --- | --- |

—

having regard to the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152),

| — | having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 25 November 2020 entitled ‘EU Gender Action Plan (GAP) III — An ambitious agenda for gender equality and women’s empowerment in EU external action’ (JOIN(2020)0017), |
| --- | --- |

—

having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 25 November 2020 entitled ‘EU Gender Action Plan (GAP) III — An ambitious agenda for gender equality and women’s empowerment in EU external action’ (JOIN(2020)0017),

| — | having regard to the Commission communication of 12 November 2020 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (COM(2020)0698), |
| --- | --- |

—

having regard to the Commission communication of 12 November 2020 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (COM(2020)0698),

| — | having regard to the Commission communication of 18 September 2020 entitled ‘A Union of equality: EU anti-racism action plan 2020-2025’ (COM(2020)0565), |
| --- | --- |

—

having regard to the Commission communication of 18 September 2020 entitled ‘A Union of equality: EU anti-racism action plan 2020-2025’ (COM(2020)0565),

| — | having regard to the Commission communication of 7 October 2020 entitled ‘A Union of Equality: EU Roma strategic framework for equality, inclusion and participation’ (COM(2020)0620), |
| --- | --- |

—

having regard to the Commission communication of 7 October 2020 entitled ‘A Union of Equality: EU Roma strategic framework for equality, inclusion and participation’ (COM(2020)0620),

| — | having regard to Rule 132(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 132(2) of its Rules of Procedure,

| A. | whereas gender equality is a fundamental value and a key objective of the EU; whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in the Treaties and in the Charter of Fundamental Rights, and should be fully respected; |
| --- | --- |

A.

whereas gender equality is a fundamental value and a key objective of the EU; whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in the Treaties and in the Charter of Fundamental Rights, and should be fully respected;

| B. | whereas Article 8 TFEU lays down the principle of gender mainstreaming under which the Union should aim to eliminate inequalities, and to promote equality, between men and women in all its activities; |
| --- | --- |

B.

whereas Article 8 TFEU lays down the principle of gender mainstreaming under which the Union should aim to eliminate inequalities, and to promote equality, between men and women in all its activities;

| C. | whereas discrimination on the basis of gender and gender identity often intersects with discrimination on other grounds, such as race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, triggering double and multiple discrimination; whereas a horizontal, intersectional perspective and gender mainstreaming in EU policies are essential in achieving gender equality and equality in general; |
| --- | --- |

C.

whereas discrimination on the basis of gender and gender identity often intersects with discrimination on other grounds, such as race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, triggering double and multiple discrimination; whereas a horizontal, intersectional perspective and gender mainstreaming in EU policies are essential in achieving gender equality and equality in general;

| D. | whereas a horizontal, intersectional perspective is essential in any gender equality policy in order to recognise and address these multiple threats of discrimination; whereas EU policies have not taken an intersectional approach thus far and have focused mostly on the individual dimension of discrimination, which does not address its institutional, structural and historical dimensions; whereas intersectional analysis not only allows us to understand structural barriers, but also provides evidence on which to set benchmarks and steer a path towards strategic and effective policies against systemic discrimination, exclusion and gender inequalities; |
| --- | --- |

D.

whereas a horizontal, intersectional perspective is essential in any gender equality policy in order to recognise and address these multiple threats of discrimination; whereas EU policies have not taken an intersectional approach thus far and have focused mostly on the individual dimension of discrimination, which does not address its institutional, structural and historical dimensions; whereas intersectional analysis not only allows us to understand structural barriers, but also provides evidence on which to set benchmarks and steer a path towards strategic and effective policies against systemic discrimination, exclusion and gender inequalities;

| E. | whereas according to the EIGE Gender Equality Index 2020, no EU country has yet fully achieved equality between women and men; whereas the EU’s progress on gender equality is still slow, with the index score improving on average by one point every two years; whereas at this rate, it will take over 60 years for the EU to reach gender equality; |
| --- | --- |

E.

whereas according to the EIGE Gender Equality Index 2020, no EU country has yet fully achieved equality between women and men; whereas the EU’s progress on gender equality is still slow, with the index score improving on average by one point every two years; whereas at this rate, it will take over 60 years for the EU to reach gender equality;

| F. | whereas gender-based violence in all its forms constitutes discrimination and a violation of human rights entrenched in gender inequality, which it helps to perpetuate and reinforce; whereas gender-based violence is one of the biggest obstacles to achieving gender equality; whereas a 2014 survey by the Fundamental Rights Agency (FRA) showed that one in three women have experienced physical or sexual violence since the age of 15, that 55 % of women have faced one or more forms of sexual harassment and that, on average, one woman dies every two and a half days as a result of domestic violence; whereas a life free from violence is a prerequisite for equality; whereas there are approximately 3 500 femicides in the EU every year linked to domestic violence (6); whereas gender-disaggregated and gender-sensitive data of a comparable nature are essential in order to reflect the full extent of gender-based violence, make inequalities visible and create targeted policies; whereas gender-disaggregated and gender-sensitive data are still lacking in different areas of EU and Member State policy; |
| --- | --- |

F.

whereas gender-based violence in all its forms constitutes discrimination and a violation of human rights entrenched in gender inequality, which it helps to perpetuate and reinforce; whereas gender-based violence is one of the biggest obstacles to achieving gender equality; whereas a 2014 survey by the Fundamental Rights Agency (FRA) showed that one in three women have experienced physical or sexual violence since the age of 15, that 55 % of women have faced one or more forms of sexual harassment and that, on average, one woman dies every two and a half days as a result of domestic violence; whereas a life free from violence is a prerequisite for equality; whereas there are approximately 3 500 femicides in the EU every year linked to domestic violence (6); whereas gender-disaggregated and gender-sensitive data of a comparable nature are essential in order to reflect the full extent of gender-based violence, make inequalities visible and create targeted policies; whereas gender-disaggregated and gender-sensitive data are still lacking in different areas of EU and Member State policy;

| G. | whereas according to the latest figures from the Commission, the EU gender gap in hourly pay is 16 %, although this varies significantly across Member States; whereas the gender pay gap rises to 40 % when employment rates and overall labour market participation are taken into account; whereas the situation is even worse when women retire, as their pensions are worth about 37 % less than men’s as a consequence of the gender pay gap, among other factors; whereas the employment rate in the EU, which varies significantly across Member States, was still higher for men (79 %) than for women (67,4 %) in 2018; whereas 31,3 % of employed women aged 20-64 in the EU worked on a part-time basis in 2018, compared with 8,7 % for men; whereas women are overrepresented in the informal economy, involuntary part-time work, and precarious and low-paid jobs; |
| --- | --- |

G.

whereas according to the latest figures from the Commission, the EU gender gap in hourly pay is 16 %, although this varies significantly across Member States; whereas the gender pay gap rises to 40 % when employment rates and overall labour market participation are taken into account; whereas the situation is even worse when women retire, as their pensions are worth about 37 % less than men’s as a consequence of the gender pay gap, among other factors; whereas the employment rate in the EU, which varies significantly across Member States, was still higher for men (79 %) than for women (67,4 %) in 2018; whereas 31,3 % of employed women aged 20-64 in the EU worked on a part-time basis in 2018, compared with 8,7 % for men; whereas women are overrepresented in the informal economy, involuntary part-time work, and precarious and low-paid jobs;

| H. | whereas unpaid care and domestic work is mostly carried out by women, which has an impact on employment and career progression and contributes to the gender employment, pay and pension gaps; whereas estimates show that in the care sector, 80 % of services are provided by informal carers who are mostly women (75 %), including migrant women; |
| --- | --- |

H.

whereas unpaid care and domestic work is mostly carried out by women, which has an impact on employment and career progression and contributes to the gender employment, pay and pension gaps; whereas estimates show that in the care sector, 80 % of services are provided by informal carers who are mostly women (75 %), including migrant women;

| I. | whereas women are therefore still underrepresented and suffer various forms of discrimination in the labour market, and whereas the goal is to provide them with the same opportunities in the workplace as men in order to reduce those gaps; |
| --- | --- |

I.

whereas women are therefore still underrepresented and suffer various forms of discrimination in the labour market, and whereas the goal is to provide them with the same opportunities in the workplace as men in order to reduce those gaps;

| J. | whereas according to the Commission communication of 14 January 2020 on a strong social Europe for just transitions (COM(2020)0014), improved childcare and long-term care services are a means to ensure that care responsibilities are shared more equally between women and men, with a view to facilitating women’s participation in the labour market on an equal footing with men; |
| --- | --- |

J.

whereas according to the Commission communication of 14 January 2020 on a strong social Europe for just transitions (COM(2020)0014), improved childcare and long-term care services are a means to ensure that care responsibilities are shared more equally between women and men, with a view to facilitating women’s participation in the labour market on an equal footing with men;

| K. | whereas gender gaps and structural barriers persist in many areas, restricting women and men to their traditional roles and limiting women’s opportunities to fully benefit from their fundamental right of equality in employment, work and pay; |
| --- | --- |

K.

whereas gender gaps and structural barriers persist in many areas, restricting women and men to their traditional roles and limiting women’s opportunities to fully benefit from their fundamental right of equality in employment, work and pay;

| L. | whereas women are underrepresented in decision-making positions, including in the economic sector, and gender parity in elected bodies is far from being achieved; whereas according to the EIGE, less than a third of all parliamentarians in the EU are women; whereas most decision-making bodies lack expertise in gender equality; |
| --- | --- |

L.

whereas women are underrepresented in decision-making positions, including in the economic sector, and gender parity in elected bodies is far from being achieved; whereas according to the EIGE, less than a third of all parliamentarians in the EU are women; whereas most decision-making bodies lack expertise in gender equality;

| M. | whereas stereotypical views of gender roles contribute to gender inequalities and help to perpetuate gender-based violence; whereas it is in the interest of society as a whole to counter gender inequalities, and whereas the participation of men in efforts to counter gender inequality and gender-based violence is crucial; |
| --- | --- |

M.

whereas stereotypical views of gender roles contribute to gender inequalities and help to perpetuate gender-based violence; whereas it is in the interest of society as a whole to counter gender inequalities, and whereas the participation of men in efforts to counter gender inequality and gender-based violence is crucial;

| N. | whereas access to sexual and reproductive healthcare and rights is essential to achieving gender equality; whereas the denial of sexual and reproductive health and rights (SRHR) is a form of gender-based violence; whereas Parliament has addressed SRHR in its newly adopted EU4Health Programme, with a view to ensuring timely access to goods that are needed for the safe provision of SRHR; |
| --- | --- |

N.

whereas access to sexual and reproductive healthcare and rights is essential to achieving gender equality; whereas the denial of sexual and reproductive health and rights (SRHR) is a form of gender-based violence; whereas Parliament has addressed SRHR in its newly adopted EU4Health Programme, with a view to ensuring timely access to goods that are needed for the safe provision of SRHR;

| O. | whereas positive progress has been achieved in the EU, but there is still room for improvement, as we witness a serious backlash against gender equality and women’s rights, including within the area of SRHR; whereas this regression must be countered and gender equality and women’s rights protected at the highest political level; |
| --- | --- |

O.

whereas positive progress has been achieved in the EU, but there is still room for improvement, as we witness a serious backlash against gender equality and women’s rights, including within the area of SRHR; whereas this regression must be countered and gender equality and women’s rights protected at the highest political level;

| P. | whereas the COVID-19 pandemic has had a disproportionate impact on women and girls as a result of existing inequalities that lead to, among other issues, an exponential increase in gender-based violence and higher labour market drop-out; whereas the incorporation of a gender perspective at all stages of the response to the COVID-19 crisis is essential; |
| --- | --- |

P.

whereas the COVID-19 pandemic has had a disproportionate impact on women and girls as a result of existing inequalities that lead to, among other issues, an exponential increase in gender-based violence and higher labour market drop-out; whereas the incorporation of a gender perspective at all stages of the response to the COVID-19 crisis is essential;

| Q. | whereas occupying as they do the most precarious jobs in our society, women have been hardest hit during the COVID-19 pandemic by partial unemployment, the risk of losing their jobs and forced telework owing to the lack of childcare; whereas one fifth of women in the EU were already at risk of poverty or social exclusion (7); whereas women also constitute 85 % of single-parent families, which are even more at risk of precariousness and increased poverty; whereas 500 million people (8) in the world are expected to fall into poverty in the coming months, most of them women; whereas poverty and social exclusion have structural causes that need to be eradicated and reversed, in particular through policies on employment, housing, mobility and access to public services; |
| --- | --- |

Q.

whereas occupying as they do the most precarious jobs in our society, women have been hardest hit during the COVID-19 pandemic by partial unemployment, the risk of losing their jobs and forced telework owing to the lack of childcare; whereas one fifth of women in the EU were already at risk of poverty or social exclusion (7); whereas women also constitute 85 % of single-parent families, which are even more at risk of precariousness and increased poverty; whereas 500 million people (8) in the world are expected to fall into poverty in the coming months, most of them women; whereas poverty and social exclusion have structural causes that need to be eradicated and reversed, in particular through policies on employment, housing, mobility and access to public services;

| R. | whereas the COVID-19 crisis has shown the importance of EU integration and of strengthening cooperation and dialogue between Member States, exchanging solutions and delivering EU-level actions and coordinated responses, including in the field of gender equality; |
| --- | --- |

R.

whereas the COVID-19 crisis has shown the importance of EU integration and of strengthening cooperation and dialogue between Member States, exchanging solutions and delivering EU-level actions and coordinated responses, including in the field of gender equality;

| S. | whereas for the first time ever, gender mainstreaming will be a horizontal priority in the multiannual financial framework 2021-2027, following an agreement between Parliament and the Council, and should be accompanied by impact assessments of each legislative and policy proposal and gender-responsive monitoring and evaluation of programmes, including by tracking the funds dedicated to gender equality; whereas the implementation of gender budgeting should also be monitored at the highest political level in the Recovery and Resilience Facility and the main EU funding programmes; whereas gender equality and the fulfilment of women’s and girls’ rights are preconditions for economic recovery and inclusive sustainable development; |
| --- | --- |

S.

whereas for the first time ever, gender mainstreaming will be a horizontal priority in the multiannual financial framework 2021-2027, following an agreement between Parliament and the Council, and should be accompanied by impact assessments of each legislative and policy proposal and gender-responsive monitoring and evaluation of programmes, including by tracking the funds dedicated to gender equality; whereas the implementation of gender budgeting should also be monitored at the highest political level in the Recovery and Resilience Facility and the main EU funding programmes; whereas gender equality and the fulfilment of women’s and girls’ rights are preconditions for economic recovery and inclusive sustainable development;

| T. | whereas eight years since its approval, the Istanbul Convention has not yet been ratified by all Member States, or by the EU; whereas the Istanbul Convention is the most important existing international tool to prevent and combat gender-based violence; |
| --- | --- |

T.

whereas eight years since its approval, the Istanbul Convention has not yet been ratified by all Member States, or by the EU; whereas the Istanbul Convention is the most important existing international tool to prevent and combat gender-based violence;

| U. | whereas in several resolutions, such as its resolution of 28 November 2019 on EU accession to the Istanbul Convention and other measures to combat gender-based violence, Parliament called on the Council to activate the ‘passerelle clause’ enshrined in Article 83(1) TFEU in order to include gender-based violence in the list of Eurocrimes; whereas Parliament has, on many occasions, called for a directive to prevent and combat gender-based violence; |
| --- | --- |

U.

whereas in several resolutions, such as its resolution of 28 November 2019 on EU accession to the Istanbul Convention and other measures to combat gender-based violence, Parliament called on the Council to activate the ‘passerelle clause’ enshrined in Article 83(1) TFEU in order to include gender-based violence in the list of Eurocrimes; whereas Parliament has, on many occasions, called for a directive to prevent and combat gender-based violence;

| V. | whereas seven years since the Commission put forward its proposal and Parliament adopted its position at first reading, no agreement has yet been reached on the directive on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures (Women on Boards Directive), and the proposal has been blocked in the Council ever since; |
| --- | --- |

V.

whereas seven years since the Commission put forward its proposal and Parliament adopted its position at first reading, no agreement has yet been reached on the directive on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures (Women on Boards Directive), and the proposal has been blocked in the Council ever since;

| W. | whereas twelve years since its proposal by the Commission, no agreement has yet been reached on the Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation, and the proposal has been blocked in the Council ever since; |
| --- | --- |

W.

whereas twelve years since its proposal by the Commission, no agreement has yet been reached on the Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation, and the proposal has been blocked in the Council ever since;

| X. | whereas in its conclusions of 10 December 2019 entitled ‘Gender-Equal Economies in the EU: The Way Forward’, the Council stressed that ‘while old challenges remain, new ones are emerging. Objectives set for gender equality have not been fully achieved’ and called on the Commission and the Member States to ‘strengthen gender equality [...] by actively promoting high-level political dialogue on gender equality issues at EU level, and at the highest political level’; |
| --- | --- |

X.

whereas in its conclusions of 10 December 2019 entitled ‘Gender-Equal Economies in the EU: The Way Forward’, the Council stressed that ‘while old challenges remain, new ones are emerging. Objectives set for gender equality have not been fully achieved’ and called on the Commission and the Member States to ‘strengthen gender equality [...] by actively promoting high-level political dialogue on gender equality issues at EU level, and at the highest political level’;

| Y. | whereas high-level political dialogue and dialogue at EU level has proven to be efficient in reducing disparities between Member States and promoting European integration in most policy areas; whereas a structured dialogue at the highest political level is essential to protect and promote women’s rights and gender equality through the adoption of gender-responsive Union legislation; |
| --- | --- |

Y.

whereas high-level political dialogue and dialogue at EU level has proven to be efficient in reducing disparities between Member States and promoting European integration in most policy areas; whereas a structured dialogue at the highest political level is essential to protect and promote women’s rights and gender equality through the adoption of gender-responsive Union legislation;

| Z. | whereas the role of the Council as co-legislator of the EU is essential; whereas Council configurations must be designed to respond to current political challenges and priorities; whereas the lack of a dedicated Council configuration on gender equality increases the risk of adopting gender-blind legislation; |
| --- | --- |

Z.

whereas the role of the Council as co-legislator of the EU is essential; whereas Council configurations must be designed to respond to current political challenges and priorities; whereas the lack of a dedicated Council configuration on gender equality increases the risk of adopting gender-blind legislation;

| AA. | whereas the current Commission has shown a strong commitment to the advancement of gender equality in its President’s political guidelines and through subsequent actions; |
| --- | --- |

AA.

whereas the current Commission has shown a strong commitment to the advancement of gender equality in its President’s political guidelines and through subsequent actions;

| AB. | whereas gender equality issues are currently addressed at the Employment, Social Policy, Health and Consumer Affairs Council level, which does not properly reflect all aspects to be tackled; |
| --- | --- |

AB.

whereas gender equality issues are currently addressed at the Employment, Social Policy, Health and Consumer Affairs Council level, which does not properly reflect all aspects to be tackled;

| AC. | whereas Parliament has already called for the establishment of a new Council configuration of ministers and secretaries of state in charge of gender equality; |
| --- | --- |

AC.

whereas Parliament has already called for the establishment of a new Council configuration of ministers and secretaries of state in charge of gender equality;

| AD. | whereas several presidencies of the Council of the European Union have made positive efforts to organise informal meetings for ministers and secretaries of state in charge of gender equality and to put gender equality issues on programme agendas; whereas this practice must be institutionalised through a permanent dedicated forum; |
| --- | --- |

AD.

whereas several presidencies of the Council of the European Union have made positive efforts to organise informal meetings for ministers and secretaries of state in charge of gender equality and to put gender equality issues on programme agendas; whereas this practice must be institutionalised through a permanent dedicated forum;

| AE. | whereas united action is essential in order to upwardly converge and harmonise women’s rights in Europe through a strong pact between Member States, by sharing and implementing the most ambitious Union legislation and the implementation of best practices currently in force in the EU; |
| --- | --- |

AE.

whereas united action is essential in order to upwardly converge and harmonise women’s rights in Europe through a strong pact between Member States, by sharing and implementing the most ambitious Union legislation and the implementation of best practices currently in force in the EU;

| AF. | whereas while there is a Commissioner exclusively responsible for equality and Parliament has a committee dedicated to Women’s Rights and Gender Equality, there is no specific Council configuration on gender equality and ministers and secretaries of state in charge of gender equality have no dedicated and formalised forum for discussion; |
| --- | --- |

AF.

whereas while there is a Commissioner exclusively responsible for equality and Parliament has a committee dedicated to Women’s Rights and Gender Equality, there is no specific Council configuration on gender equality and ministers and secretaries of state in charge of gender equality have no dedicated and formalised forum for discussion;

| AG. | whereas the European Council, acting by qualified majority, has the right to establish (or amend) the list of configurations in which the Council meets, other than those of the General Affairs Council and of the Foreign Affairs Council; |
| --- | --- |

AG.

whereas the European Council, acting by qualified majority, has the right to establish (or amend) the list of configurations in which the Council meets, other than those of the General Affairs Council and of the Foreign Affairs Council;

| 1. | Regrets that the ministers and secretaries of state in charge of gender equality have no dedicated institutional forum to ensure that Member State representatives regularly meet, discuss, legislate, take political decisions and exchange best practices; stresses that bringing together ministers and secretaries of state in charge of gender equality will provide for a better focused and more efficient forum for cooperation, ensuring stronger integration of gender equality into EU strategies and policy processes, a coherent approach and coordination of all related policies; |
| --- | --- |

1.

| 2. | Stresses the importance of gathering ministers and secretaries of state in charge of gender equality in one dedicated, formal forum in order to deliver common and concrete measures and legislation to address the challenges in the field of women’s rights and gender equality and ensure that gender equality issues are discussed at the highest political level, taking into account the distinct forms of discrimination that racialised women, women belonging to ethnic, religious and linguistic minorities, older women, women with disabilities, Roma women, LBTI women, refugee and migrant women, and women at risk of social exclusion suffer; |
| --- | --- |

2.

| 3. | Stresses the importance of the political signal expressed through the establishment of a Council configuration on gender equality; affirms that a specific Council configuration on gender equality, allowing ministers and secretaries of state in charge of gender equality to regularly meet and discuss, will strengthen gender mainstreaming in Union legislation, as well as dialogue and cooperation between Member States, the exchange of best practices and legislation, and the capacity to deliver common responses to EU-wide problems, and will contribute to narrowing the gaps between Member States and harmonising the protection of women’s rights and gender equality in Europe via an intersectional approach; |
| --- | --- |

3.

| 4. | Underlines that a specific Council configuration on gender equality would represent a key element in unblocking the negotiations on the main files related to gender equality, namely the ratification of the Istanbul Convention, the adoption of the directive on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures (Women on Boards Directive), and the Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (Anti-Discrimination Directive), and in boosting other gender issues that should be addressed in the coming years, such as adding gender-based violence to the list of Eurocrimes and the adoption of a future directive on gender-based violence; |
| --- | --- |

4.

| 5. | Calls on the Council and the European Council to establish a Council configuration on gender equality in order to facilitate gender mainstreaming across all EU policies and legislation; |
| --- | --- |

5.

| 6. | Calls on the European Council to act by qualified majority and amend the list of configurations in which the Council meets, in accordance with Article 236 TFEU and Article 2(1) of the Council’s Rules of Procedure; |
| --- | --- |

6.

| 7. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

7.

---

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

(2)  Texts adopted, P9_TA(2019)0080.

(3)  Texts adopted, P9_TA(2020)0025.

(4)  Texts adopted, P9_TA(2020)0286.

(5)  Texts adopted, P9_TA(2020)0173.

(6)  https://www.europarl.europa.eu/RegData/etudes/BRIE/2018/630296/EPRS_BRI(2018)630296_EN.pdf

(7)  Eurostat, 2018.

(8)  According to NGOs (Oxfam) and the UN.

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/156 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/156

---

P9_TA(2020)0382

EU strategy on adaptation to climate change

European Parliament resolution of 17 December 2020 on the EU strategy on adaptation to climate change (2020/2532(RSP))

(2021/C 445/19)

The European Parliament,

| — | having regard to the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol thereto, |
| --- | --- |

—

having regard to the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol thereto,

| — | having regard to the Agreement adopted at the 21st Conference of the Parties to the UNFCCC (COP21) in Paris on 12 December 2015 (the Paris Agreement), |
| --- | --- |

—

having regard to the Agreement adopted at the 21st Conference of the Parties to the UNFCCC (COP21) in Paris on 12 December 2015 (the Paris Agreement),

| — | having regard to the EU strategy on adaptation to climate change of April 2013 and its accompanying staff working documents, |
| --- | --- |

—

having regard to the EU strategy on adaptation to climate change of April 2013 and its accompanying staff working documents,

| — | having regard to the Commission report of 12 November 2018 on the implementation of the EU strategy on adaptation to climate change (COM(2018)0738), |
| --- | --- |

—

having regard to the Commission report of 12 November 2018 on the implementation of the EU strategy on adaptation to climate change (COM(2018)0738),

| — | having regard to the UN Environment Programme’s Adaptation Gap Report 2018, |
| --- | --- |

—

having regard to the UN Environment Programme’s Adaptation Gap Report 2018,

| — | having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640), |
| --- | --- |

—

having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640),

| — | having regard to the Commission proposal of 4 March 2020 for a regulation establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law) (COM(2020)0080), |
| --- | --- |

—

having regard to the Commission proposal of 4 March 2020 for a regulation establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law) (COM(2020)0080),

| — | having regard to the Commission communication of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2030: Bringing nature back into our lives’ (COM(2020)0380), |
| --- | --- |

—

having regard to the Commission communication of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2030: Bringing nature back into our lives’ (COM(2020)0380),

| — | having regard to the Commission communication of 20 May 2020 entitled ‘A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system’ (COM(2020)0381), |
| --- | --- |

—

having regard to the Commission communication of 20 May 2020 entitled ‘A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system’ (COM(2020)0381),

| — | having regard to the Intergovernmental Panel on Climate Change’s (IPCC) special report on global warming of 1,5 oC, its fifth assessment report (AR5) and its synthesis report thereon, its special report on climate change and land, and its special report on the ocean and cryosphere in a changing climate, |
| --- | --- |

—

having regard to the Intergovernmental Panel on Climate Change’s (IPCC) special report on global warming of 1,5 oC, its fifth assessment report (AR5) and its synthesis report thereon, its special report on climate change and land, and its special report on the ocean and cryosphere in a changing climate,

| — | having regard to the Global Assessment on Biodiversity and Ecosystem Services published by the Intergovernmental Science Policy Platform on Biodiversity and Ecosystem Services (IBPES) on 31 May 2019, |
| --- | --- |

—

having regard to the Global Assessment on Biodiversity and Ecosystem Services published by the Intergovernmental Science Policy Platform on Biodiversity and Ecosystem Services (IBPES) on 31 May 2019,

| — | having regard to European Court of Auditors special report no. 33/2018 entitled ‘Combating desertification in the EU: a growing threat in need of more action’, |
| --- | --- |

—

having regard to European Court of Auditors special report no. 33/2018 entitled ‘Combating desertification in the EU: a growing threat in need of more action’,

| — | having regard to the Global Commission on Adaptation’s flagship report of 2019 entitled ‘Adapt Now: A Global Call for Leadership on Climate Resilience’, |
| --- | --- |

—

having regard to the Global Commission on Adaptation’s flagship report of 2019 entitled ‘Adapt Now: A Global Call for Leadership on Climate Resilience’,

| — | having regard to the EU’s seventh Environment Action Programme to 2020 and its vision for 2050, |
| --- | --- |

—

having regard to the EU’s seventh Environment Action Programme to 2020 and its vision for 2050,

| — | having regard to the UN 2030 Agenda for Sustainable Development and to the Sustainable Development Goals (SDGs), |
| --- | --- |

—

having regard to the UN 2030 Agenda for Sustainable Development and to the Sustainable Development Goals (SDGs),

| — | having regard to its resolution of 16 January 2020 on the 15th meeting of the Conference of Parties (COP15) to the Convention on Biological Diversity (1), |
| --- | --- |

—

having regard to its resolution of 16 January 2020 on the 15th meeting of the Conference of Parties (COP15) to the Convention on Biological Diversity (1),

| — | having regard to its resolution of 15 January 2020 on the European Green Deal (2), |
| --- | --- |

—

having regard to its resolution of 15 January 2020 on the European Green Deal (2),

| — | having regard to its resolution of 28 November 2019 on the climate and environment emergency (3), |
| --- | --- |

—

having regard to its resolution of 28 November 2019 on the climate and environment emergency (3),

| — | having regard to the European Environment Agency (EEA) indicator-based report of 25 January 2017 entitled ‘Climate change, impacts and vulnerability in Europe 2016’, |
| --- | --- |

—

having regard to the European Environment Agency (EEA) indicator-based report of 25 January 2017 entitled ‘Climate change, impacts and vulnerability in Europe 2016’,

| — | having regard to the EEA indicator assessment of 2 April 2019 entitled ‘Economic losses from climate-related extremes in Europe’, |
| --- | --- |

—

having regard to the EEA indicator assessment of 2 April 2019 entitled ‘Economic losses from climate-related extremes in Europe’,

| — | having regard to the EEA report of 4 September 2019 entitled ‘Climate change adaptation in the agriculture sector in Europe’, |
| --- | --- |

—

having regard to the EEA report of 4 September 2019 entitled ‘Climate change adaptation in the agriculture sector in Europe’,

| — | having regard to the EEA report of 4 December 2019 entitled ‘The European environment — state and outlook 2020: knowledge for transition to a sustainable Europe’, |
| --- | --- |

—

having regard to the EEA report of 4 December 2019 entitled ‘The European environment — state and outlook 2020: knowledge for transition to a sustainable Europe’,

| — | having regard to the scientific opinion of the Commission’s independent Group of Chief Scientific Advisors of 29 June 2020 on adaptation to climate-change-related health effects, |
| --- | --- |

—

having regard to the scientific opinion of the Commission’s independent Group of Chief Scientific Advisors of 29 June 2020 on adaptation to climate-change-related health effects,

| — | having regard to the EEA report of 8 September 2020 entitled ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, |
| --- | --- |

—

having regard to the EEA report of 8 September 2020 entitled ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’,

| — | having regard to the UN Sendai Framework for Disaster Risk Reduction 2015-2030, |
| --- | --- |

—

having regard to the UN Sendai Framework for Disaster Risk Reduction 2015-2030,

| — | having regard to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (4), |
| --- | --- |

—

having regard to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (4),

| — | having regard to Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum requirements for water reuse (5), |
| --- | --- |

—

having regard to Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum requirements for water reuse (5),

| — | having regard to the Cancun Adaptation Framework, |
| --- | --- |

—

having regard to the Cancun Adaptation Framework,

| — | having regard to the Warsaw International Mechanism for Loss and Damage associated with Climate Impacts, |
| --- | --- |

—

having regard to the Warsaw International Mechanism for Loss and Damage associated with Climate Impacts,

| — | having regard to Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (6), |
| --- | --- |

—

having regard to Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (6),

| — | having regard to its resolution of 8 September 2015 on the follow-up to the European Citizens’ Initiative Right2Water (7), |
| --- | --- |

—

having regard to its resolution of 8 September 2015 on the follow-up to the European Citizens’ Initiative Right2Water (7),

| — | having regard to European Court of Auditors special report no 33/2018 entitled ‘Combating desertification in the EU: a growing threat in need of more action’, |
| --- | --- |

—

having regard to European Court of Auditors special report no 33/2018 entitled ‘Combating desertification in the EU: a growing threat in need of more action’,

| — | having regard to the European Court of Auditors special report no 25/2018 entitled ‘Floods Directive: progress in assessing risks, while planning and implementation need to improve’, |
| --- | --- |

—

having regard to the European Court of Auditors special report no 25/2018 entitled ‘Floods Directive: progress in assessing risks, while planning and implementation need to improve’,

| — | having regard to the Commission’s Projections of economic impacts of climate change in sectors of the EU based on bottom-up analysis (PESETA) reports, in particular the 2018 and 2020 PESETA III and IV reports, |
| --- | --- |

—

having regard to the Commission’s Projections of economic impacts of climate change in sectors of the EU based on bottom-up analysis (PESETA) reports, in particular the 2018 and 2020 PESETA III and IV reports,

| — | having regard to the question to the Commission on EU strategy on adaptation to climate change (O-000075/2020 — B9-0075/2020), |
| --- | --- |

—

having regard to the question to the Commission on EU strategy on adaptation to climate change (O-000075/2020 — B9-0075/2020),

| — | having regard to Rules 136(5) and 132(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 136(5) and 132(2) of its Rules of Procedure,

| — | having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety, |
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—

having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety,

| A. | whereas the observed climate changes are already having wide-ranging impacts on ecosystems (and biodiversity in particular), social and economic sectors (deepening inequality) and human health; whereas it is important to prevent the emergence of multiple and often interacting threats to ecosystems and wildlife, including habitat loss and degradation; whereas the effects of climate change are continuing to be registered globally and in the EU, and whereas there is further evidence that future climate change will increase the number of extreme climate-related events in many EU regions, as well as in third countries, and trigger invasions of infectious disease carriers that could lead to the re-emergence of infectious diseases previously eliminated in the EU; whereas adaptation to climate change is not only in the EU’s economic interest, but is also imperative for the public’s well-being; |
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A.

whereas the observed climate changes are already having wide-ranging impacts on ecosystems (and biodiversity in particular), social and economic sectors (deepening inequality) and human health; whereas it is important to prevent the emergence of multiple and often interacting threats to ecosystems and wildlife, including habitat loss and degradation; whereas the effects of climate change are continuing to be registered globally and in the EU, and whereas there is further evidence that future climate change will increase the number of extreme climate-related events in many EU regions, as well as in third countries, and trigger invasions of infectious disease carriers that could lead to the re-emergence of infectious diseases previously eliminated in the EU; whereas adaptation to climate change is not only in the EU’s economic interest, but is also imperative for the public’s well-being;

| B. | whereas Member States, regions and sectors in the EU are, and are projected to be, affected differently by climate change; whereas coastal and island regions are particularly vulnerable to the impacts of climate change; whereas adaptive capacity significantly differs between EU regions, and the adaptive capacity of the EU’s island and outermost regions is limited; whereas adaptation strategies should also encourage a shift to sustainable development in vulnerable areas, such as islands, building on environmentally friendly and nature-based solutions; whereas the Mediterranean area will suffer more from the effects of heat-related human mortality, water scarcity, desertification, habitat loss and forest fires; |
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B.

whereas Member States, regions and sectors in the EU are, and are projected to be, affected differently by climate change; whereas coastal and island regions are particularly vulnerable to the impacts of climate change; whereas adaptive capacity significantly differs between EU regions, and the adaptive capacity of the EU’s island and outermost regions is limited; whereas adaptation strategies should also encourage a shift to sustainable development in vulnerable areas, such as islands, building on environmentally friendly and nature-based solutions; whereas the Mediterranean area will suffer more from the effects of heat-related human mortality, water scarcity, desertification, habitat loss and forest fires;

| C. | whereas coral reefs and mangroves, which are essential natural carbon sinks, are at risk because of climate change; |
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C.

whereas coral reefs and mangroves, which are essential natural carbon sinks, are at risk because of climate change;

| D. | whereas soil health is a key factor in mitigating the effects of desertification, as soil is the largest carbon reservoir and the backbone of all ecosystems and crops, having significant water retention capacity and playing an important role in improving societal resilience to environmental change; |
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D.

whereas soil health is a key factor in mitigating the effects of desertification, as soil is the largest carbon reservoir and the backbone of all ecosystems and crops, having significant water retention capacity and playing an important role in improving societal resilience to environmental change;

| E. | whereas the water sector, agriculture, fisheries, forestry and terrestrial and marine biodiversity are strongly linked, and are also related to changing land-use patterns and population change; whereas climate change impacts in other parts of the world may affect the EU through trade, international financial flows, public health, migration and security; |
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E.

whereas the water sector, agriculture, fisheries, forestry and terrestrial and marine biodiversity are strongly linked, and are also related to changing land-use patterns and population change; whereas climate change impacts in other parts of the world may affect the EU through trade, international financial flows, public health, migration and security;

| F. | whereas overall energy consumption in the water sector in the EU is significant and needs to be more efficient in order to contribute to the goals of the Paris Agreement and the climate goals of the EU for 2030 and to achieve carbon neutrality in 2050; |
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F.

whereas overall energy consumption in the water sector in the EU is significant and needs to be more efficient in order to contribute to the goals of the Paris Agreement and the climate goals of the EU for 2030 and to achieve carbon neutrality in 2050;

| G. | whereas the Water Framework Directive (WFD) does not include specific provisions to address the impacts of climate change; whereas in its communication on the European Green Deal, the Commission nevertheless acknowledges that the natural functions of ground and surface water must be restored; |
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G.

whereas the Water Framework Directive (WFD) does not include specific provisions to address the impacts of climate change; whereas in its communication on the European Green Deal, the Commission nevertheless acknowledges that the natural functions of ground and surface water must be restored;

| H. | whereas buildings are responsible for approximately 40 % of energy consumption and 36 % of CO2 emissions in the EU, and whereas their deep, including staged deep, renovation is therefore crucial to achieving the EU’s 2050 net-zero greenhouse gas emissions objective; |
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H.

whereas buildings are responsible for approximately 40 % of energy consumption and 36 % of CO2 emissions in the EU, and whereas their deep, including staged deep, renovation is therefore crucial to achieving the EU’s 2050 net-zero greenhouse gas emissions objective;

| I. | whereas the EEA has estimated that weather- and climate-related extremes accounted for EUR 426 billion in monetary terms between 1980 and 2017 in the EU-28 Member States, and has said that damage costs from climate change are expected to be high, even if the Paris Agreement is implemented; whereas these costs should be taken into account in the cost-benefit analysis of the measures to be implemented; whereas climate-resilient investments can limit the adverse effects of climate change and thus reduce the cost of adaptation; whereas the impacts of climate change outside of the EU are likely to have economic, social and political repercussions on the EU in numerous ways, including through trade, international financial flows, climate-induced displacement and security; whereas the necessary climate change adaptation investments have not yet been assessed or incorporated into the multiannual financial framework (MFF) climate figures; |
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I.

whereas the EEA has estimated that weather- and climate-related extremes accounted for EUR 426 billion in monetary terms between 1980 and 2017 in the EU-28 Member States, and has said that damage costs from climate change are expected to be high, even if the Paris Agreement is implemented; whereas these costs should be taken into account in the cost-benefit analysis of the measures to be implemented; whereas climate-resilient investments can limit the adverse effects of climate change and thus reduce the cost of adaptation; whereas the impacts of climate change outside of the EU are likely to have economic, social and political repercussions on the EU in numerous ways, including through trade, international financial flows, climate-induced displacement and security; whereas the necessary climate change adaptation investments have not yet been assessed or incorporated into the multiannual financial framework (MFF) climate figures;

| J. | whereas climate change and its impacts can be substantially reduced by an ambitious global mitigation policy compatible with the mitigation goal of the Paris Agreement; whereas current emission reduction commitments are not sufficient to achieve the goals of the Paris Agreement and will result in global warming of more than 3 oC above pre-industrial levels; |
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J.

whereas climate change and its impacts can be substantially reduced by an ambitious global mitigation policy compatible with the mitigation goal of the Paris Agreement; whereas current emission reduction commitments are not sufficient to achieve the goals of the Paris Agreement and will result in global warming of more than 3 oC above pre-industrial levels;

| K. | whereas adaptation to climate change is necessary to anticipate and cope with current and future adverse effects of climate change and to prevent or reduce short-, medium- and long-term risks from climate change; whereas a robust EU adaptation strategy is fundamental to preparing vulnerable regions and sectors; whereas collective international efforts, inter alia on sustainable development, biodiversity and disaster risk reduction, should be better integrated in the new strategy; |
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K.

whereas adaptation to climate change is necessary to anticipate and cope with current and future adverse effects of climate change and to prevent or reduce short-, medium- and long-term risks from climate change; whereas a robust EU adaptation strategy is fundamental to preparing vulnerable regions and sectors; whereas collective international efforts, inter alia on sustainable development, biodiversity and disaster risk reduction, should be better integrated in the new strategy;

| L. | whereas mechanisms for funding adaptation measures to address loss and damage or climate-induced displacement will be more effective if women, including grass roots women, are able to fully participate in design process, decision-making and implementation; whereas taking women’s knowledge, including local and indigenous knowledge, into account can lead to advances in disaster management, boost biodiversity, improve water management, enhance food security, prevent desertification, protect forests, ensure a swift transition to renewable energy technologies and support public health; |
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L.

whereas mechanisms for funding adaptation measures to address loss and damage or climate-induced displacement will be more effective if women, including grass roots women, are able to fully participate in design process, decision-making and implementation; whereas taking women’s knowledge, including local and indigenous knowledge, into account can lead to advances in disaster management, boost biodiversity, improve water management, enhance food security, prevent desertification, protect forests, ensure a swift transition to renewable energy technologies and support public health;

| M. | whereas health hazards related to climate change will affect people, particularly some vulnerable groups (elderly people, children, outdoor workers and homeless people); whereas these hazards are, inter alia, increasing morbidity and mortality due to extreme weather events (heatwaves, storms, floods, wildfires) and emerging infectious diseases (whose spread, timing and intensity are affected by changes in temperature, humidity and rainfall); whereas changes in ecosystems might also increase the risk of infectious diseases; |
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M.

whereas health hazards related to climate change will affect people, particularly some vulnerable groups (elderly people, children, outdoor workers and homeless people); whereas these hazards are, inter alia, increasing morbidity and mortality due to extreme weather events (heatwaves, storms, floods, wildfires) and emerging infectious diseases (whose spread, timing and intensity are affected by changes in temperature, humidity and rainfall); whereas changes in ecosystems might also increase the risk of infectious diseases;

| N. | whereas according to the World Health Organization, projected climate change will cause approximately 250 000 additional deaths a year by 2030; |
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N.

whereas according to the World Health Organization, projected climate change will cause approximately 250 000 additional deaths a year by 2030;

| O. | whereas the restoration of ecosystems, such as forests, grasslands, peat-lands and wetlands, leads to positive change in the carbon balance of the respective land use system and is both a mitigation and an adaptation measure; |
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O.

whereas the restoration of ecosystems, such as forests, grasslands, peat-lands and wetlands, leads to positive change in the carbon balance of the respective land use system and is both a mitigation and an adaptation measure;

| P. | whereas investing in the prevention of environmental disasters can effectively improve adaptation to climate change and reduce the frequency and intensity of climate-related extreme weather events; |
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P.

whereas investing in the prevention of environmental disasters can effectively improve adaptation to climate change and reduce the frequency and intensity of climate-related extreme weather events;

| Q. | whereas, according to the 2019 IPCC special report on climate change and land, the conservation of high-carbon ecosystems has an immediate positive impact with respect to climate change; whereas the positive impact of restoration and other measures related to land use systems is not immediate; |
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Q.

whereas, according to the 2019 IPCC special report on climate change and land, the conservation of high-carbon ecosystems has an immediate positive impact with respect to climate change; whereas the positive impact of restoration and other measures related to land use systems is not immediate;

| R. | whereas the objective of achieving a good ecological status for bodies of water is of crucial importance for adaptation, with the ecological status of bodies of water being under increasing pressure from the changing climate; |
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R.

whereas the objective of achieving a good ecological status for bodies of water is of crucial importance for adaptation, with the ecological status of bodies of water being under increasing pressure from the changing climate;

General observations

| 1. | Emphasises that adaptation is necessary for the Union as a whole and for all countries and regions in order to minimise adverse and irreversible impacts of climate change, while implementing at the same time ambitious mitigation measures to pursue efforts to contain global warming below 1,5 oC compared to pre-industrial levels, make full use of the opportunities for climate-resilient growth and sustainable development and maximise the co-benefits with other environmental policies and legislation; in this context, stresses its unwavering commitment to the global goal for adaptation as defined in the Paris Agreement; |
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1.

| 2. | Recognises that EU cities and regions are already faced with wide-ranging adverse effects of climate change, such as extreme rainfall, floods and droughts, and that these phenomena represent environmental, economic and safety risks for local communities and businesses; considers that the upcoming strategy should reflect this urgency and propose appropriate measures in this regard; |
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2.

| 3. | Suggests that the reactive nature of the European Union Solidarity Fund be complemented by proactively planned adaptation to climate change, which will reduce the vulnerability of the EU territory and its inhabitants by increasing adaptive capacity and reducing its sensitivity; |
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3.

| 4. | Expresses its support to the Global Commission on Adaptation for its work in drawing attention to adaptation; |
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4.

| 5. | Calls for a renewed and improved focus on adaptation; is therefore pleased that the Commission will present a new strategy as a key component of the EU’s climate policy and asks it to present the strategy without delay; considers it an opportunity to show that the EU is a global leader in building global climate resilience through increased financing, as well as promoting science, services, technologies and practices for adaptation; considers that the new strategy should be an integral part of the European Green Deal, with the aim of building a resilient EU through the creation and upholding of systems with highly adaptive and responsive capacity in a rapidly changing climate by boosting sustainable economic development, safeguarding quality of life and public health, ensuring water and food security, respecting and protecting biodiversity, turning to clean energy sources and ensuring climate and social justice; welcomes the enhanced governance regime of adaptation under the European Climate Law; |
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5.

| 6. | Welcomes the Commission’s evaluation of the EU strategy on adaptation to climate change of November 2018 and takes note of its conclusion that the wide-ranging objectives of the strategy have not been completely fulfilled, but that progress has been made towards all of its individual actions; believes in this regard that the goals set in the new strategy need to be more ambitious in order for the EU to be prepared for the projected adverse effects of climate change; |
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6.

| 7. | Calls for adaptation to climate change to be taken into account when building and renovating existing infrastructure, in all sectors and in spatial planning, and calls for effective climate-proofing of spatial planning, buildings, all relevant infrastructure and other investments, in particular through ex ante examination to assess the capacity of projects to cope with medium- to long-term climate impacts in different global temperature rise scenarios, in order to know whether or not they are eligible for Union funding and to ensure that EU funds are being spent efficiently on long-lasting, climate-compatible projects; calls for a reform of engineering standards and practice across the EU to integrate physical climate risks; |
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7.

| 8. | Emphasises that green infrastructure contributes to adaptation to climate change through the protection of natural capital, the conservation of natural habitats and species, good ecological status, water management and food security; |
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8.

| 9. | Regrets the fact that the 2013 strategy fails to properly address the urgency of implementing adaptation measures; welcomes the strengthened governance for action on adaptation as part of the European Climate Law, and calls for the new strategy to include binding and quantifiable goals both at EU and Member State level, the identification of priority areas and investment needs, including an assessment of the extent to which EU investments contribute to reducing the overall climate vulnerability of the Union, a more frequent review process, with clear goals, a proper assessment, and indicators informed by the latest science to measure progress in its implementation; recognises the need to keep measures and plans continuously up-to-date in an unprecedented changing world; therefore calls on the Commission to regularly review and update the new strategy in line with the relevant provisions of the European Climate Law; |
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9.

| 10. | Notes also that progress on the number of local and regional adaptation strategies has been more limited than expected, with differences between Member States; encourages the Member States to incentivise and assist regions in implementing adaptation plans and taking action; underlines that adaptation strategies should take due account of territorial specificities and local knowledge; calls on the Commission to ensure that all EU regions are prepared to tackle the impacts of climate change through adaptation; recognises in this context the value of the Covenant of Mayors, which has increased cooperation on adaptation at local level, and of the permanent national multi-level climate and energy dialogues, as envisaged in the Regulation on the Governance of the Energy Union and Climate Action; calls for an enhanced role for adaptation in the European Climate Pact; |
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10.

| 11. | Highlights the importance of managing physical climate risks and calls for the integration of mandatory climate risk assessments into the EU strategy on adaptation to climate change, including of national adaptation plans; |
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11.

| 12. | Calls for public procurement to serve as an example of the use of climate-friendly materials and services; |
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12.

| 13. | Highlights the importance of further promoting climate adaptation in regions and cities in the new strategy, for example by promoting legislative frameworks requiring adequate adaptation strategies and monitoring at regional and city level after proper consultation with the relevant stakeholders including civil society and youth organisations, trade unions and local businesses, accompanied by financial incentives to aid their implementation; stresses that special attention should be paid to enhancing the preparedness and adaptive capacity of the most vulnerable geographical areas such as coastal areas, islands and outermost regions, which are particularly impacted by climate change through natural disasters and extreme weather disturbances; regrets the fact that there was a strong lack of a gender perspective in the Commission’s 2013 adaptation strategy and insists on a gender perspective that fully considers the vulnerability of women and girls and also upholds gender equality in participation; |
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13.

| 14. | Stresses the need to improve cross-border cooperation and coordination on climate adaptation, as well as in rapid response to climate disasters; in this context, calls on the Commission to support the Member States in sharing knowledge and best practices on the different climate adaption efforts at regional and local level; |
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14.

| 15. | Highlights the need for Member States, regions and cities to build their adaptive capacity to reduce vulnerabilities and the social impacts of climate change; calls for the Commission and the EU agencies to provide the necessary capacity-building and training, and a framework for the proper exchange of information and best practices across local, sub-national and national authorities; |
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15.

| 16. | Emphasises that adaptation strategies should also encourage a change of model in vulnerable areas, such as islands, based on environmentally friendly and nature-based solutions, and should enhance self-sufficiency to ensure better living conditions, including sustainable and local agriculture and fishery practices, sustainable management of water, greater use of renewable energy, etc., in line with the SDGs, in order to foster their resilience and the protection of their ecosystems; |
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16.

| 17. | Notes the further need for mapping of the impacts of climate change, for example in the occurrence of natural hazards; welcomes, therefore, the EU Observatory for Climate Change and Health’s Climate-ADAPT project, which has already been launched, and encourages the Commission to further develop and expand the project to cover further sectors; |
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17.

| 18. | Highlights the important synergies and potential trade-offs between climate change mitigation and adaptation; stresses the fact that the evaluation of the current adaptation strategy has established the need for further emphasis to be placed on the link between adaptation and mitigation in policies and plans; notes that synergistic approaches to these issues are essential as a result both of the urgency of the climate and environmental crises, and of the need to protect human health and strengthen the resilience of ecological and social systems, making sure that no one is left behind; stresses that while common efforts are vital to ensure effective action on mitigation owing to its global transboundary nature, particular attention also has to be paid to the impacts of climate change and the costs of adaptation for each region, particularly those regions that are facing the double challenge of contributing to the global mitigation effort while bearing the increasing costs of dealing with climate-related impacts; |
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18.

| 19. | Believes that the adverse effects of climate change could potentially exceed the adaptive capacities of Member States; is, therefore, of the opinion that the Member States and the Union should work together to avert, minimise and address loss and damage associated with climate change, as provided for in Article 8 of the Paris Agreement; recognises the need to further develop measures to address loss and damage; |
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19.

| 20. | Recognises that the impacts of climate change are transboundary in nature, affecting, for example, trade, migration and security; urges the Commission, therefore, to ensure that the new strategy is holistic and covers the whole range of climate impacts; |
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20.

| 21. | Stresses that the EU must be ready for climate-induced displacement and recognises the need for adequate measures to be taken to protect the human rights of populations under threat from the effects of climate change; |
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21.

Nature-based solutions and green infrastructure

| 22. | Recalls that climate change and its impacts affect not only humans, but also biodiversity and marine and terrestrial ecosystems, and that according to the landmark IPBES report, climate change is currently the third most important direct driver of biodiversity loss worldwide, and sustainable livelihoods will be vital for mitigating dangerous anthropogenic interference with the climate system and adapting to it; calls, therefore, on the Commission and the Member States to ensure greater coherence between the implementation of the adaptation and biodiversity conservation measures emanating from the biodiversity strategy for 2030; |
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22.

| 23. | Encourages the development of a truly coherent and resilient Trans-European Nature Network, consisting of ecological corridors to prevent genetic isolation, allow for species migration and maintain and enhance healthy ecosystems, while permitting the development of traditional, yet climate-proofed infrastructure; |
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23.

| 24. | Stresses the importance of using sustainable nature-based adaptation solutions, of the conservation and restoration of marine and terrestrial ecosystems that can simultaneously contribute to climate mitigation and adaptation, the protection of biodiversity and combating different types of pollution; calls for the new strategy to include ambitious action plans on stepping up the use of such solutions, with adequate funding, including from the MFF, InvestEU and the Recovery and Resilience Facility, and proposes looking into the portfolios of available financial products and improving the terms of financing to remedy the current sub-optimal investment situation; further calls for good use to be made of the LIFE programme, allowing it to act as a catalyst for innovation in adaptation and to become a space to experiment, develop and pilot solutions to build up the Union’s resilience to climate risk; |
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24.

| 25. | Highlights the need to assess and make further use of the potential of forests, trees and green infrastructure in climate adaptation and in the provision of ecosystem services such as, for example, trees in urban areas, which can even out extreme temperatures, in addition to providing other benefits, such as improving air quality; calls for more trees to be planted in cities, for support to be given to sustainable forest management and for an integrated response to forest fires, including, for example, adequate training for the fire fighters involved in combating them, in order to protect the EU’s forests against the destruction caused by extreme climate events; highlights that all adaptation measures for reforestation and agriculture should be based on the latest scientific knowledge and should be implemented with full respect for ecological principles; |
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25.

| 26. | Notes that identifying the forest areas which have remained closest to their natural state and should therefore be given particular protection, was one of the priorities of the second EU environmental action programme of 1977; further notes that, while no action has been taken as yet, the EU also made this a priority in the Biodiversity Strategy for 2030; calls on the Commission to align the future EU climate adaptation strategy with the objectives of the EU Biodiversity Strategy, particularly with regard to the strict protection of all primary forests and its conservation and restoration objectives; |
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26.

| 27. | Highlights the role of intact forest ecosystems (8) in overcoming environmental stressors, including changes to the climate, thanks to their inherent properties which enable them to maximise their adaptive capacity, and which include evolutionary lineages that are uniquely adapted to survive major seasonal temperature changes and landscape-level disturbances over time; |
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27.

| 28. | Underlines that several technologies enable trees to be replanted; understands that, in some instances, construction works conducted in cities may entail the destruction of green areas, and supports, in this context, the replanting of trees, giving them a new life in new well-designed places; |
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28.

| 29. | Calls on the Commission and the Member States to classify green infrastructure as belonging to the category of critical infrastructure for the purposes of programming, funding and investments; |
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29.

| 30. | Notes that certain components of green infrastructure also suffer under increased heat and other stressful conditions, and that in order for them to create not only physical, but also physiological cooling effects, we need to provide them with favourable conditions, soil and moisture to thrive in urban areas; highlights, therefore, the role of proper green urban planning which takes the needs of the various components of green infrastructure into account and not merely the planting of trees; |
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30.

| 31. | Recognises the role of the oceans in adapting to climate change, and stresses the need to ensure and promote healthy and resilient seas and oceans; recalls that the IPCC special report entitled ‘The Ocean and Cryosphere in a Changing Climate’ specifies that climate mechanisms depend on the health of the ocean and marine ecosystems, which are currently affected by global warming, pollution, the overexploitation of marine biodiversity, acidification, deoxygenation and coastal erosion; highlights that the IPCC also points out that the ocean is part of the solution to mitigate and adapt to the effects of climate change, and underlines the necessity of reducing greenhouse gas emissions and pollution in ecosystems, as well as of enhancing natural carbon sinks; |
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31.

| 32. | Points out that the degradation of coastal and marine ecosystems threatens the physical, economic and food security of local communities and the economy at large, and weakens their ability to provide critical ecosystem services such as food, carbon storage and oxygen generation, as well as to support nature-based solutions to climate change adaptation; |
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32.

| 33. | Warns that certain coastal zones may come under great pressure due to rising sea levels and the intrusion of saline water into both the coastal aquifers used for the abstraction of drinking water and into sewers, as well as due to extreme weather, which may have consequences such as crop failure, the contamination of bodies of water, damage to infrastructure, and forced displacement; encourages the development of green infrastructure in coastal cities, which are generally located near wetlands, to preserve biodiversity and coastal ecosystems, as well as to strengthen the sustainable development of the economy, tourism and coastal landscapes, which also help to improve resilience to climate change in these vulnerable areas which are particularly affected by rising sea levels; |
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33.

| 34. | Supports initiatives, including the development of urban strategies and better spatial planning, to use the potential of roofs and other infrastructure, such as parks, urban gardens, green roofs and walls, air filter appliances, cool pavements, penetrable concrete and other measures that can contribute to cooling high urban temperatures, the retention and reuse of rainwater and the production of food, while reducing air pollution, improving quality of life in cities, reducing risks to human health and protecting biodiversity, including pollinators; believes that infrastructure such as roads, parking lots, train tracks and power and drainage systems, among others, need to be made biodiversity- and climate-proof; |
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34.

| 35. | Acknowledges that assessments by public authorities of the impact of spatial plans and urban development on the water system could provide planning authorities with the necessary advice on ways to build without causing problems for the water system; calls on the Member States to embed these assessments in their approach; calls on the Member States to draw up flood hazard and flood risk maps in accordance with Article 6 of Directive 2007/60/EC on the assessment and management of flood risks, thereby reducing the impact of floods; |
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35.

| 36. | Recalls that climate change has an impact on both water quantity and its quality, as lower flow in bodies of water means less dilution of harmful substances which are a threat to biodiversity, human health and the drinking water supply; calls, therefore, for better water management in urban and rural areas, including the creation of sustainable drainage through improved land planning, which safeguards and recovers natural flowing systems and natural water retention measures to help moderate flooding and droughts, facilitate groundwater recharge and ensure the availability of water resources for the production of drinking water; emphasises that adaptation measures in water management should be consistent with measures to enhance sustainability and circularity in farming, foster the energy transition and conserve and restore ecosystems and biodiversity; in this respect, calls for a strong link between the upcoming zero pollution action plan on water, air and soil and the new EU climate adaptation strategy; |
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36.

| 37. | Calls on the Member States and the Commission to fully implement Directive 2000/60/EC, which establishes a framework for Community action in the field of water policy, improving the quality of waters upstream; notes that measures to retain and abstract water from bodies of water upstream has an impact on bodies of water downstream — also across borders — which might hamper the economic development of downstream areas and limit the availability of drinking water resources; calls for coherent policy measures across areas in order to contribute to reaching at least good ecological status of bodies of water in the EU, and stresses the crucial importance of ensuring WFD-compliant ecological flows and a significant improvement in freshwater ecosystem connectivity; |
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37.

| 38. | Calls on the Commission and the Member States to further promote water reuse in order to prevent allocation conflicts between different uses of water, while providing sufficient availability of water resources for the production of drinking water, essential to fulfilling the human right to water; |
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38.

| 39. | Notes the high energy consumption in the water sector; calls on the Commission to consider energy-efficient measures and the possibility of using treated waste water as an ‘on-site’ source of renewable energy; notes that the current Urban Waste Water Treatment Directive has not been revised since its adoption in 1991; calls on the Commission to revise the Urban Waste Water Treatment Directive in order to make sure that it contributes positively to the Union’s climate and environmental goals; |
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39.

Adaptation measures and consistency

| 40. | Emphasises the need to mainstream climate adaptation in, and maximise the co-benefits with, all relevant EU policies towards a more sustainable future, such as agriculture and food production, forestry, transport, trade, energy, environment, water management, buildings, infrastructure, industrial, maritime and fisheries policies, as well as cohesion policy and local development, and social policies, and the need to ensure that other European Green Deal initiatives are consistent with climate adaptation and mitigation measures; |
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40.

| 41. | Calls on the Commission to thoroughly assess the climate and environmental impact of all relevant legislative and budgetary proposals, and to ensure that they are fully aligned with the goal of limiting global warming to below 1,5 oC; |
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41.

| 42. | Regrets the fact that EU policies allowed for climate and environmentally harmful subsidies in the period 2014-2020, which contributed to the reduced resilience of EU ecosystems; urges that the applicable rules across all policy areas should prevent such use of public resources; |
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42.

| 43. | Calls on the Commission to adopt an ambitious approach to the upcoming renovation wave and adopt proper initiatives securing staged and deep renovations with a strong cost-effective focus; welcomes, in this context, Commission President Ursula von der Leyen’s ambition to set up a ‘European Bauhaus’ bringing together engineers, architects and other personnel from the buildings sector as stressed during the State of the Union speech on 16 September 2020 in the European Parliament; |
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43.

| 44. | Calls for the new strategy to be consistent with global action and agreements such as the Paris Agreement, the SDGs and the Convention on Biological Diversity; asks the Commission to identify actions that promote and facilitate adaptation outside of the EU in the new strategy, in particular in least developed countries and small island states which are the most severely impacted by climate change and rising sea levels, and to step up its technical assistance for and the sharing of best practices with developing countries as part of its external action; |
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44.

| 45. | Calls for the new adaptation strategy to promote and develop adaptation solutions with third countries, especially in the parts of the world most vulnerable to and affected by climate change; emphasises, in addition, the need for effective and targeted capacity-building in developing countries, the diffusion of technologies for climate adaptation, and the responsibilities that exist throughout supply chains; |
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45.

| 46. | Calls for the Commission to adequately and swiftly address desertification and land degradation, problems that already affect most countries in the Union and have emerged as one of the most visible consequences of climate change, and to develop a methodology and indicators to assess their extent; also highlights the need to address soil sealing; recalls the findings of the European Court of Auditors’ special report entitled ‘Combating desertification in the EU: a growing threat in need of more action’, in particular the need to enhance the EU legal framework for soil, to step up actions towards delivering the commitment made by Member States to achieve land degradation neutrality in the EU by 2030 at the latest, and to better address the underlying causes of desertification, in particular unsustainable agricultural practices; regrets the lack of a specific EU policy and action in this regard; calls, therefore, on the Commission to present an EU strategy to combat desertification within the framework of the adaptation strategy; calls for sufficient funding for combating desertification and land degradation; |
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46.

| 47. | Acknowledges the unequal impacts of climate change, and the fact that the adverse impacts will not only vary between Member States, but also, more importantly, between regions, affecting their respective needs for adaptation measures; calls, therefore, on the Commission to draw up guidance for Member States and regions to help them target their adaptation measures in the most effective manner; |
| --- | --- |

47.

| 48. | Stresses the need to enhance the preparedness and adaptive capacity of geographical areas with a high exposure to climate change, such as the island and outermost regions of the EU; |
| --- | --- |

48.

| 49. | Recognises that the adverse impacts of climate change will particularly affect poor and disadvantaged groups within society, as they tend to have more limited adaptive capacities and are more dependent on climate-sensitive resources; stresses that climate change adaptation efforts need to address the nexus between climate change and the wide-ranging socio-economic sources of vulnerability, including poverty and gender inequality; |
| --- | --- |

49.

| 50. | Calls for reinforced social protection systems to protect the most vulnerable regions and people against the adverse impacts of climate change, as well as for the identification of vulnerable groups in the design of fair adaptation policies at all relevant governance levels; |
| --- | --- |

50.

| 51. | Highlights that the selection of adaptation measures should be carried out on the basis of a multi-criteria analysis through efficiency, effectiveness, financial cost, consistency with mitigation, an urban perspective, etc.; calls on the Commission to develop a definition of climate-proofing as a way to ensure that all measures are effective and fit for purpose; |
| --- | --- |

51.

| 52. | Highlights the risk of maladaptation to climate change and the associated costs thereof; calls, therefore, on the Commission to develop indicators to measure whether the Union is meeting the targets on adaptation, based on projected impacts; |
| --- | --- |

52.

| 53. | Encourages the development of common methodologies and approaches to monitor and evaluate the effectiveness of adaptation actions, while recognising that climate change impacts and adaptation actions are local and context-specific; |
| --- | --- |

53.

Financing

| 54. | Calls for increased funding at all governance levels and for the mobilisation of public and private investments in adaptation; recalls its position calling for a climate-related spending target of 30 % and a biodiversity-related spending target of 10 % in the next MFF 2021-2027 and Next Generation EU, which should contribute to both climate mitigation and adaptation; calls for climate resilience to be considered as a key criterion in all relevant EU funding; considers that the European Investment Bank (EIB), as a climate bank, should also fund climate adaptation measures (9); calls on the EIB, as the EU’s climate bank, to properly deliver the EU’s financing for adaptation to climate change and to commit to an enhanced level of ambition on adaptation in its Climate Bank Roadmap, and calls for increased incentives for SMEs, which can play a key role in developing innovative sustainable solutions for adaptation; stresses that the next MFF and the Recovery Fund should neither lead to increased pressure on ecosystems, nor to their reduced connectivity, nor to their overexploitation as only the sustainable use of nature will allow the Union to adapt to and mitigate dangerous anthropogenic interference with the climate system (10); calls for adequate financial support for the implementation of the protection and restoration targets of the EU Biodiversity Strategy; stresses the need to make the financing of adaptation to climate change inclusive and gender-responsive; |
| --- | --- |

54.

| 55. | Regrets the fact that the EU’s tracking methodology for climate funding does not differentiate between mitigation and adaptation, and that climate earmarking has been difficult to track, being used more as an accounting tool than an actual support for policy planning; calls for the climate earmarking system to be policy-specific and include monitoring criteria that allow for comparisons across EU funds, differentiating between climate mitigation and adaptation across all EU budget instruments; |
| --- | --- |

55.

| 56. | Encourages better use of the EU Solidarity Fund as a ‘build back better’ funding mechanism that also provides incentives for adaptation and forward-looking planning; |
| --- | --- |

56.

| 57. | Acknowledges that adaptation has a cost; notes, however, that the cost of inaction is expected to be far greater; insists on the importance of making investments in adaptation as, in addition to saving lives and protecting the environment, preventive actions can be more cost-effective; emphasises the principle of prevention and calls on the Commission to develop approaches to ensure that the costs arising from a failure to take adaptation measures are not passed on to the general public, and to enforce the ‘polluter pays’ principle, giving adaptation responsibilities to the polluter; calls for the EU and the Member States to ensure that public investments are climate-proof and, at the same time, provide incentives for green and sustainable private investments to act as a catalyst for systemic changes; believes that the ‘do no harm’ principle should be explicit in the upcoming adaption strategy, in particular to prevent negative impacts on biodiversity, and avert maladaptation; |
| --- | --- |

57.

| 58. | Welcomes the Commission’s proposal to extend the scope of the EU Solidarity Fund to cover public health emergencies such as pandemics; |
| --- | --- |

58.

Awareness-raising, adaptation knowledge and research

| 59. | Underlines the importance of raising awareness about the effects of climate change, such as extreme weather events, including on health and on the environment, and about the need for adaptation, as well as its benefits, not only among decision makers, but also through appropriate and continuous information and educational activities at all stages and in all areas of life; regrets, in this context, the fact that budget cuts have been made to important programmes such as EU4health and Erasmus; |
| --- | --- |

59.

| 60. | Recognises that the priority knowledge gaps have not been closed and that new gaps have emerged; calls, therefore, on the Commission to further identify and fill knowledge gaps, also in relation to critical sectors, in order to ensure informed decision-making, by further developing tools such as Climate-ADAPT and the European Institute of Innovation and Technology Climate and Knowledge and Innovation Community (EIT Climate-KIC); in this regard, stresses the importance of better knowledge sharing between Member States, which remains insufficient, and of improved coordination on issues such as international river basins, flood defences, building codes and construction in potential high-risk zones; calls on the Commission to create an adaptation analysis and modelling forum to improve the use of climate change impact and adaptation models for policy-making; |
| --- | --- |

60.

| 61. | Highlights the large amount of innovation that underpins projects and measures for climate change adaptive measures, such as technology development, digital services, etc., and stresses the need for the EU to support the development and deployment of such initiatives; |
| --- | --- |

61.

| 62. | Stresses the importance of supporting research and innovation through the Horizon Europe programme and other financing mechanisms in the areas of climate adaptation, nature-based solutions, green technologies and other solutions that can help in the fight against climate change and extreme weather phenomena; recalls also the potential of Horizon Europe to foster the climate resilience of EU citizens, thereby contributing to adaptation also through societal transformation; regrets, in this context, the fact that massive cuts have been made to the budgets in the field of research and innovation to programmes such as Horizon Europe, as these cuts will diminish the EU’s competitiveness in cutting-edge technologies and solutions for climate mitigation and adaptation; recalls the fundamental role that researchers play in combating global warming and stresses, in this regard, the importance of close scientific collaboration between international partners; notes that the agricultural European Innovation Partnership (EIP-AGRI) can be an important tool for developing new technologies and practices for climate adaptation in agri-food systems; |
| --- | --- |

62.

| 63. | Stresses the importance of basing the adaptation measures on the latest scientific knowledge and accessible data; takes note, in this context, of the work already carried out by EU programmes such as COPERNICUS, and emphasises the role of enforced data collection in ensuring the most accurate projections possible; calls for an increase in research and development to find innovative solutions for adaptation and for targeted support to digital innovations that exploit the power of digitalisation for sustainable transformation; |
| --- | --- |

63.

| 64. | Notes that the effects of climate change on health will increase and that, according to the European Environment Agency (EEA) Report on Health and Climate Change, and the Lancet Countdown, these impacts are only now beginning to be considered; stresses, therefore, the importance of further studying the impact of climate change on human health and calls for investment in research in this area, for cross-sectoral cooperation on risk assessment and surveillance, and increased awareness and capacity in the health sector, including at local level, and for the sharing of best practices and the latest knowledge on the risks posed by climate change to human health, through EU programmes such as Horizon Europe and the LIFE programme; calls for the data that is collected to be channelled into the European Health Data Space; |
| --- | --- |

64.

| 65. | Calls on the Commission to take into account in its strategy the need to ensure that Member States have climate-resilient health systems, capable of anticipating and responding to the consequences of climate change for health, particularly for the most vulnerable people, by fully engaging the health community in the design of the instruments for adaptation; stresses that this should include prevention programmes, plans on adaptive measures and awareness-raising campaigns on the effects of climate change on health, such as death, injury, the increased risk of food- and water-borne disease resulting from extreme temperatures, floods and fires, as well as effects emanating from disrupted ecosystems, bringing risks of diseases, changed pollen seasons and allergies; calls on the Commission also to provide the necessary resources for the maintenance and further development of the vector-borne disease surveillance network and entomological surveillance, and its proper implementation in the Member States; |
| --- | --- |

65.

Early warning and rapid response

| 66. | Calls for the new strategy to put a stronger focus on crisis prevention and preparedness planning, and management and disaster response, including in the event of pandemics, exploiting all synergies with the reinforced Union Civil Protection Mechanism and with the active involvement of EU agencies such as the EEA and the European Centre for Disease Control and Prevention (ECDC); is of the opinion that the Member States should coordinate the creation of these preparedness plans with the Union Civil Protection Mechanism through its Emergency Response Coordination Centre; calls on the Commission to develop guidelines on urban heat emergencies and to encourage the exchange of best practices between Member States in this context; |
| --- | --- |

66.

| 67. | Urges the Member States to develop adequate prevention and rapid response plans for climate disasters such as heatwaves, floods and drought, which take into account the specificities of the regions, such as border or coastal regions, and include mechanisms for cross-border action, ensuring shared responsibilities and solidarity between the Member States and with third countries; insists on the need to adopt an adaptation strategy for territories and cities exposed to the consequences of climate change, based on a new innovative ecosystem approach to risk prevention and management, in particular by identifying fall-back areas, flood retention areas, natural protections and, in cases where they are essential, artificial protections; |
| --- | --- |

67.

| 68. | Requests national, regional and local authorities to establish timely early warning systems and prepare appropriate tools to respond to extreme weather events and other negative impacts of climate change, as well as pandemics; |
| --- | --- |

68.

o

o o

| 69. | Instructs its President to forward this resolution to the Commission. |
| --- | --- |

69.

---

(1)  Texts adopted, P9_TA(2020)0015.

(2)  Texts adopted, P9_TA(2020)0005.

(3)  Texts adopted, P9_TA(2019)0078.

(4)  OJ L 327, 22.12.2000, p. 1

(5)  OJ L 177, 5.6.2020, p. 3.

(6)  OJ L 288, 6.11.2007, p. 27.

(7)  OJ C 316, 22.9.2017, p. 99.

(8)  Watson, J. E. M. et al..: ‘The exceptional value of intact forest ecosystems’, Nature, Ecology and Evolution, Vol. 2, No 4, Macmillan Publishers Limited, London, 2018.

(9)  European Parliament resolution of 23 July 2020 on the conclusions of the extraordinary European Council meeting of 17-21 July 2020, Texts adopted, P9_TA(2020)0206.

(10)  IPBES, Global Assessment Report on Biodiversity and Ecosystem Services, 2019.

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/168 |
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29.10.2021

EN

Official Journal of the European Union

C 445/168

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P9_TA(2020)0383

Deliberations of the Committee on Petitions 2019

European Parliament resolution of 17 December 2020 on the outcome of the Committee on Petitions’ deliberations during 2019 (2020/2044(INI))

(2021/C 445/20)

The European Parliament,

| — | having regard to its previous resolutions on the outcome of the Committee on Petitions’ deliberations, |
| --- | --- |

—

having regard to its previous resolutions on the outcome of the Committee on Petitions’ deliberations,

| — | having regard to Articles 10 and 11 of the Treaty on European Union (TEU), |
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—

having regard to Articles 10 and 11 of the Treaty on European Union (TEU),

| — | having regard to Articles 24 and 227 of the Treaty on the Functioning of the European Union (TFEU), which reflect the importance the Treaty attaches to the right of EU citizens and residents to bring their concerns to the attention of Parliament, |
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—

having regard to Articles 24 and 227 of the Treaty on the Functioning of the European Union (TFEU), which reflect the importance the Treaty attaches to the right of EU citizens and residents to bring their concerns to the attention of Parliament,

| — | having regard to Article 228 TFEU on the role and functions of the European Ombudsman, |
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—

having regard to Article 228 TFEU on the role and functions of the European Ombudsman,

| — | having regard to Article 44 of the Charter of Fundamental Rights of the European Union concerning the right to petition the European Parliament, |
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—

having regard to Article 44 of the Charter of Fundamental Rights of the European Union concerning the right to petition the European Parliament,

| — | having regard to the provisions of the TFEU relating to the infringement procedure and, in particular, to Articles 258 and 260 thereof, |
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—

having regard to the provisions of the TFEU relating to the infringement procedure and, in particular, to Articles 258 and 260 thereof,

| — | having regard to Rules 54 and 227(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 54 and 227(7) of its Rules of Procedure,

| — | having regard to the report of the Committee on Petitions (A9-0230/2020), |
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—

having regard to the report of the Committee on Petitions (A9-0230/2020),

| A. | whereas following the European elections which took place from 23 to 26 May 2019 and the constitution of the new Parliament on 2 July 2019, the Committee on Petitions held its constitutive meeting on 10 July 2019; |
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A.

whereas following the European elections which took place from 23 to 26 May 2019 and the constitution of the new Parliament on 2 July 2019, the Committee on Petitions held its constitutive meeting on 10 July 2019;

| B. | whereas in 2019 Parliament received 1 357 petitions, which represents an increase of 11,23 % on the 1 220 petitions submitted in 2018 and reveals that despite the European election recess period, EU citizens and residents continued to exercise their right to petition; |
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B.

whereas in 2019 Parliament received 1 357 petitions, which represents an increase of 11,23 % on the 1 220 petitions submitted in 2018 and reveals that despite the European election recess period, EU citizens and residents continued to exercise their right to petition;

| C. | whereas in 2019 the number of users supporting one or more petitions on Parliament’s Petitions Web Portal increased as compared to 2018 and reached a total of 28 075; whereas the number of clicks in support of petitions was 31 679; |
| --- | --- |

C.

whereas in 2019 the number of users supporting one or more petitions on Parliament’s Petitions Web Portal increased as compared to 2018 and reached a total of 28 075; whereas the number of clicks in support of petitions was 31 679;

| D. | whereas of the petitions submitted in 2019, 41 were co-signed by one or more citizens, 8 by more than 100 citizens and 3 by more than 10 000 citizens; |
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D.

whereas of the petitions submitted in 2019, 41 were co-signed by one or more citizens, 8 by more than 100 citizens and 3 by more than 10 000 citizens;

| E. | whereas the number of petitions remained modest in relation to the total population of the EU; whereas the overall number of petitions received indicates that greater efforts and appropriate measures are necessary to raise citizens' awareness on the right to petition; whereas citizens in exercising the right to petition expect that the EU institutions will provide added value in finding a solution to their problems; |
| --- | --- |

E.

whereas the number of petitions remained modest in relation to the total population of the EU; whereas the overall number of petitions received indicates that greater efforts and appropriate measures are necessary to raise citizens' awareness on the right to petition; whereas citizens in exercising the right to petition expect that the EU institutions will provide added value in finding a solution to their problems;

| F. | whereas of the 1 357 petitions submitted in 2019, 938 were declared admissible, 406 were declared inadmissible and 13 were withdrawn; whereas the relatively high percentage (30 %) of inadmissible petitions in 2019 reveals that there is still a widespread lack of clarity about the EU’s fields of activity; whereas in this sense, it is necessary to address this problem with information campaigns dedicated to clarifying the competences of the Union as well as the procedure for submitting petitions to the European Parliament; |
| --- | --- |

F.

whereas of the 1 357 petitions submitted in 2019, 938 were declared admissible, 406 were declared inadmissible and 13 were withdrawn; whereas the relatively high percentage (30 %) of inadmissible petitions in 2019 reveals that there is still a widespread lack of clarity about the EU’s fields of activity; whereas in this sense, it is necessary to address this problem with information campaigns dedicated to clarifying the competences of the Union as well as the procedure for submitting petitions to the European Parliament;

| G. | whereas the criteria for the admissibility of petitions are laid down in Article 227 TFEU and Rule 226 of Parliament’s Rules of Procedure, which require that petitions must be submitted by EU citizens or residents directly affected by matters falling within the European Union’s fields of activity; |
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G.

whereas the criteria for the admissibility of petitions are laid down in Article 227 TFEU and Rule 226 of Parliament’s Rules of Procedure, which require that petitions must be submitted by EU citizens or residents directly affected by matters falling within the European Union’s fields of activity;

| H. | whereas the right to petition the European Parliament is one of the fundamental rights of EU citizens; whereas the right to petition offers EU citizens and residents an open, democratic and transparent mechanism for addressing their elected representatives directly, and is therefore an important element of active citizens' participation in the EU’s fields of activity; |
| --- | --- |

H.

whereas the right to petition the European Parliament is one of the fundamental rights of EU citizens; whereas the right to petition offers EU citizens and residents an open, democratic and transparent mechanism for addressing their elected representatives directly, and is therefore an important element of active citizens' participation in the EU’s fields of activity;

| I. | whereas democratic governance based on transparency, effective protection of fundamental rights and the inclusion of EU citizens’ requests in the EU political agenda are needed in order to increase citizens' direct participation and to improve the quality of the EU decision-making process; whereas a democratic and transparent governance should be also considered a cornerstone for enhancing the effectiveness and citizen-friendliness of the work of the Committee on Petitions; |
| --- | --- |

I.

whereas democratic governance based on transparency, effective protection of fundamental rights and the inclusion of EU citizens’ requests in the EU political agenda are needed in order to increase citizens' direct participation and to improve the quality of the EU decision-making process; whereas a democratic and transparent governance should be also considered a cornerstone for enhancing the effectiveness and citizen-friendliness of the work of the Committee on Petitions;

| J. | whereas the right to petition should enhance Parliament’s responsiveness to complaints and concerns relating to respect for EU fundamental rights and compliance with EU legislation in the Member States; whereas petitions are, among other things, a very useful source of information on instances of misapplication or breaches of EU law; whereas petitions enable Parliament and other EU institutions to assess the transposition and application of EU law and its impact on EU citizens and residents, and to detect shortcomings and inconsistencies of EU law undermining the goal of ensuring full protection of citizens' fundamental rights; |
| --- | --- |

J.

whereas the right to petition should enhance Parliament’s responsiveness to complaints and concerns relating to respect for EU fundamental rights and compliance with EU legislation in the Member States; whereas petitions are, among other things, a very useful source of information on instances of misapplication or breaches of EU law; whereas petitions enable Parliament and other EU institutions to assess the transposition and application of EU law and its impact on EU citizens and residents, and to detect shortcomings and inconsistencies of EU law undermining the goal of ensuring full protection of citizens' fundamental rights;

| K. | whereas citizens usually turn to the Committee on Petitions as a last resort when other bodies and institutions are deemed to be unable to resolve their concerns; |
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K.

whereas citizens usually turn to the Committee on Petitions as a last resort when other bodies and institutions are deemed to be unable to resolve their concerns;

| L. | whereas Parliament has long been at the forefront of the development of the petitions process internationally and has the most open and transparent petitions process in Europe, allowing petitioners to participate in its activities; |
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L.

whereas Parliament has long been at the forefront of the development of the petitions process internationally and has the most open and transparent petitions process in Europe, allowing petitioners to participate in its activities;

| M. | whereas each petition is carefully examined by the Committee on Petitions; whereas each petitioner has the right to receive a reply and information on the decision on admissibility and follow-up actions taken by the committee, within a reasonable period of time and in their own language or in the language used in the petition; |
| --- | --- |

M.

whereas each petition is carefully examined by the Committee on Petitions; whereas each petitioner has the right to receive a reply and information on the decision on admissibility and follow-up actions taken by the committee, within a reasonable period of time and in their own language or in the language used in the petition;

| N. | whereas the activities of the Committee on Petitions are based on the input and contributions received from petitioners; whereas the information provided by the petitioners along with the expertise delivered by the Commission, the Member States and other bodies are essential for the work of the committee; whereas admissible petitions often provide valuable input for the work of other parliamentary committees and intergroups; |
| --- | --- |

N.

whereas the activities of the Committee on Petitions are based on the input and contributions received from petitioners; whereas the information provided by the petitioners along with the expertise delivered by the Commission, the Member States and other bodies are essential for the work of the committee; whereas admissible petitions often provide valuable input for the work of other parliamentary committees and intergroups;

| O. | whereas a considerable number of petitions are discussed publicly in meetings of the Committee on Petitions; whereas petitioners are frequently invited to present their petitions and play a full part in the discussion, thereby contributing actively to the work of the committee; whereas in 2019, the Committee on Petitions held 9 ordinary committee meetings, where 250 petitions were discussed with 239 petitioners present, while 126 petitioners participated actively by taking the floor; whereas the role of the committee in empowering European citizens is an important contribution to reinforcing the image and authority of Parliament; |
| --- | --- |

O.

whereas a considerable number of petitions are discussed publicly in meetings of the Committee on Petitions; whereas petitioners are frequently invited to present their petitions and play a full part in the discussion, thereby contributing actively to the work of the committee; whereas in 2019, the Committee on Petitions held 9 ordinary committee meetings, where 250 petitions were discussed with 239 petitioners present, while 126 petitioners participated actively by taking the floor; whereas the role of the committee in empowering European citizens is an important contribution to reinforcing the image and authority of Parliament;

| P. | whereas the main subjects of concern raised in petitions submitted in 2019 pertained to environmental matters (in particular, issues concerning pollution, protection and preservation and waste management), fundamental rights (notably the rights of the child, voting rights and EU citizens’ rights, in particular in the context of Brexit), constitutional affairs (in particular questions related to the European elections and to the UK’s withdrawal from the EU), health (in particular issues relating to healthcare and to the impact of hazards and toxic substances), transport (notably air and rail passengers’ rights, cross-national connections and seasonal time changes), the internal market (in particular questions relating to consumers’ rights and freedom of movement of persons), employment (in particular access to the job market and precarious contracts), and culture and education (in particular access to education for children with disabilities and harassment at school), in addition to many other areas of activity; |
| --- | --- |

P.

whereas the main subjects of concern raised in petitions submitted in 2019 pertained to environmental matters (in particular, issues concerning pollution, protection and preservation and waste management), fundamental rights (notably the rights of the child, voting rights and EU citizens’ rights, in particular in the context of Brexit), constitutional affairs (in particular questions related to the European elections and to the UK’s withdrawal from the EU), health (in particular issues relating to healthcare and to the impact of hazards and toxic substances), transport (notably air and rail passengers’ rights, cross-national connections and seasonal time changes), the internal market (in particular questions relating to consumers’ rights and freedom of movement of persons), employment (in particular access to the job market and precarious contracts), and culture and education (in particular access to education for children with disabilities and harassment at school), in addition to many other areas of activity;

| Q. | whereas 73,9 % of the petitions received (1 003 petitions) in 2019 were submitted via Parliament’s Petitions Web Portal, as compared to 70,7 % (863 petitions) in 2018; |
| --- | --- |

Q.

whereas 73,9 % of the petitions received (1 003 petitions) in 2019 were submitted via Parliament’s Petitions Web Portal, as compared to 70,7 % (863 petitions) in 2018;

| R. | whereas in 2019 the Petitions Web Portal was further developed into a responsive web design version, compliant with the new ‘look and feel’ of the European Parliament’s website (Europarl); whereas it has therefore become more user-friendly and accessible for citizens, who can now use it on any device, optimised to apply the European standard EN 301 549; whereas it is also partially compliant with the Web Content Accessibility Guidelines (WCAG) 2.1 level AA standard; whereas the new privacy statement has been uploaded in all language versions in the email templates and on the registration page, and audio Captcha for registration of user accounts has been enabled; whereas the Petitions Web Portal and ePetition have been further integrated by improving their synchronisation mechanism; whereas a large number of individual support requests have been handled successfully; |
| --- | --- |

R.

whereas in 2019 the Petitions Web Portal was further developed into a responsive web design version, compliant with the new ‘look and feel’ of the European Parliament’s website (Europarl); whereas it has therefore become more user-friendly and accessible for citizens, who can now use it on any device, optimised to apply the European standard EN 301 549; whereas it is also partially compliant with the Web Content Accessibility Guidelines (WCAG) 2.1 level AA standard; whereas the new privacy statement has been uploaded in all language versions in the email templates and on the registration page, and audio Captcha for registration of user accounts has been enabled; whereas the Petitions Web Portal and ePetition have been further integrated by improving their synchronisation mechanism; whereas a large number of individual support requests have been handled successfully;

| S. | whereas it should be noted that owing to the European election recess period, no fact-finding visits took place for petitions for which an inquiry was ongoing during 2019; whereas the committee carried out the follow-up assessments of a number of previous fact-finding visits and adopted the reports on two which took place in 2018; whereas a number of fact-finding visits have been scheduled for 2020; |
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S.

whereas it should be noted that owing to the European election recess period, no fact-finding visits took place for petitions for which an inquiry was ongoing during 2019; whereas the committee carried out the follow-up assessments of a number of previous fact-finding visits and adopted the reports on two which took place in 2018; whereas a number of fact-finding visits have been scheduled for 2020;

| T. | whereas the Committee on Petitions considers the European Citizens’ Initiative (ECI) to be an important instrument of participatory democracy, which enables citizens to become actively involved in shaping the Union’s policies and legislation; whereas there has been a lack of effective communication concerning the ECI; |
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T.

whereas the Committee on Petitions considers the European Citizens’ Initiative (ECI) to be an important instrument of participatory democracy, which enables citizens to become actively involved in shaping the Union’s policies and legislation; whereas there has been a lack of effective communication concerning the ECI;

| U. | whereas the media play a key role in any democratic system and provide more transparency to the process of the Committee on Petitions; whereas a quality press is an essential element for the whole European Union; whereas there is confusion in some European media as regards the role and powers of the Committee on Petitions; |
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U.

whereas the media play a key role in any democratic system and provide more transparency to the process of the Committee on Petitions; whereas a quality press is an essential element for the whole European Union; whereas there is confusion in some European media as regards the role and powers of the Committee on Petitions;

| V. | whereas under the Rules of Procedure, the Committee on Petitions is responsible for relations with the European Ombudsman, who investigates complaints of maladministration within the institutions and bodies of the European Union; whereas in 2019 the Committee on Petitions played a key role in the organisation of the election of the European Ombudsman by holding a public hearing of the candidates under Rule 231 of the Rules of Procedure; whereas on 18 December 2019 Emily O’Reilly was re-elected European Ombudsman for the 2019-2024 parliamentary term; |
| --- | --- |

V.

whereas under the Rules of Procedure, the Committee on Petitions is responsible for relations with the European Ombudsman, who investigates complaints of maladministration within the institutions and bodies of the European Union; whereas in 2019 the Committee on Petitions played a key role in the organisation of the election of the European Ombudsman by holding a public hearing of the candidates under Rule 231 of the Rules of Procedure; whereas on 18 December 2019 Emily O’Reilly was re-elected European Ombudsman for the 2019-2024 parliamentary term;

| W. | whereas its resolution of 17 January 2019 on the Ombudsman’s strategic inquiry OI/2/2017 on the transparency of legislative discussions in the preparatory bodies of the Council of the EU (1) expressed support for the Ombudsman in her inquiry and called on the Council to take all measures necessary to implement as swiftly as possible the recommendations of the Ombudsman; whereas the Council has not responded either to the Ombudsman or to Parliament’s resolution, and has not taken any steps towards implementation; |
| --- | --- |

W.

whereas its resolution of 17 January 2019 on the Ombudsman’s strategic inquiry OI/2/2017 on the transparency of legislative discussions in the preparatory bodies of the Council of the EU (1) expressed support for the Ombudsman in her inquiry and called on the Council to take all measures necessary to implement as swiftly as possible the recommendations of the Ombudsman; whereas the Council has not responded either to the Ombudsman or to Parliament’s resolution, and has not taken any steps towards implementation;

| X. | whereas in 2019 the relations between the Committee on Petitions and the European Ombudsman were further strengthened, as demonstrated by the active participation of the Ombudsman in the meetings of the committee; whereas following its resolution of 12 February 2019 on Regulations and general conditions governing the performance of the Ombudsman’s duties (2), Emily O’Reilly took part in the committee’s meeting of 2 April 2019 for an exchange of views on her proposed new prerogatives, and presented her Annual Report for 2018 to the Committee on Petitions at its meeting on 4 September 2019; |
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X.

whereas in 2019 the relations between the Committee on Petitions and the European Ombudsman were further strengthened, as demonstrated by the active participation of the Ombudsman in the meetings of the committee; whereas following its resolution of 12 February 2019 on Regulations and general conditions governing the performance of the Ombudsman’s duties (2), Emily O’Reilly took part in the committee’s meeting of 2 April 2019 for an exchange of views on her proposed new prerogatives, and presented her Annual Report for 2018 to the Committee on Petitions at its meeting on 4 September 2019;

| Y. | whereas the Committee on Petitions is a member of the European Network of Ombudsmen, which also includes the European Ombudsman, national and regional ombudsmen and similar bodies of the Member States, the candidate countries, and other European Economic Area countries, and which aims to promote the exchange of information about EU law and policy and to share best practices; |
| --- | --- |

Y.

whereas the Committee on Petitions is a member of the European Network of Ombudsmen, which also includes the European Ombudsman, national and regional ombudsmen and similar bodies of the Member States, the candidate countries, and other European Economic Area countries, and which aims to promote the exchange of information about EU law and policy and to share best practices;

| Z. | whereas the activities of the Petitions Network should be improved by ensuring a more effective cooperation among committees dealing with petitions; whereas the Petitions Network should strengthen the dialogue and collaboration with the Commission and other EU institutions aiming at guaranteeing that issues raised by citizens in petitions are adequately addressed and resolved; |
| --- | --- |

Z.

whereas the activities of the Petitions Network should be improved by ensuring a more effective cooperation among committees dealing with petitions; whereas the Petitions Network should strengthen the dialogue and collaboration with the Commission and other EU institutions aiming at guaranteeing that issues raised by citizens in petitions are adequately addressed and resolved;

| AA. | whereas in her political guidelines for the European Commission 2019-2024, President von der Leyen committed to respond with a legislative act to resolutions of Parliament based on Article 225 TFEU, with a view to giving Parliament a stronger role in initiating EU legislation; whereas the Committee on Petitions should play a strategic role in creating a direct connection between Parliament’s right of legislative initiative and the issues raised by citizens through petitions; |
| --- | --- |

AA.

whereas in her political guidelines for the European Commission 2019-2024, President von der Leyen committed to respond with a legislative act to resolutions of Parliament based on Article 225 TFEU, with a view to giving Parliament a stronger role in initiating EU legislation; whereas the Committee on Petitions should play a strategic role in creating a direct connection between Parliament’s right of legislative initiative and the issues raised by citizens through petitions;

| 1. | Recalls that the Committee on Petitions, as the only committee directly communicating with the citizens, must enhance its key role in defending and promoting the rights of EU citizens and residents within the committee’s competences, ensuring that petitioners’ concerns and complaints are examined in timely fashion and resolved, through an open, democratic, agile and transparent petition process and a strengthened cooperation and dialogue with other EU institutions and national, regional and local authorities, and by avoiding a biased or politicised response to the petitioners; |
| --- | --- |

1.

| 2. | Regrets that petitioners are still not sufficiently informed about the grounds for declaring a petition inadmissible; emphasises the importance of a continuous information campaign and public debate on the Union’s fields of activity aimed at raising public awareness of the right to petition the European Parliament, providing clearer and more detailed information about the powers of the EU; stresses the need to adopt, as a matter of urgency, all necessary measures in order to implement a democratic EU governance based on transparency, enhanced protection of fundamental rights, and direct citizens' inclusion in the EU decision-making processes; considers it essential to find a way of better promoting the right to petition and making citizens aware of this right; proposes that information campaigns in the European Union be stepped up in order to ensure that EU citizens have better knowledge of the EU’s competences and clarify the perception of the role of the Committee on Petitions in public opinion; |
| --- | --- |

2.

| 3. | Calls for a more active press and communications service and a more active social media presence, in order to enhance the visibility of the work of the committee as well as to increase its responsiveness to public concerns and EU debates, by also highlighting those cases and success stories in which an issue raised by a petitioner was resolved with the support of the Committee on Petitions; |
| --- | --- |

3.

| 4. | Proposes to carry out campaigns and outreach events targeting journalists and the media in order to prevent vague information and thus improve the relationship between the Committee on Petitions and the media; underlines that the media play a key role in reaching out to European citizens concerning the day-to-day work of the Committee on Petitions and can contribute through their activities to improving European citizens’ knowledge of the work of the Committee on Petitions; stresses that it is the EU’s task to encourage the provision to European citizens of accurate information; |
| --- | --- |

4.

| 5. | Points out that petitions offer the opportunity to the European Parliament and other EU institutions to maintain a direct dialogue with EU citizens and legal residents who are affected by misapplication or breaches of EU law or by inconsistencies in EU legislation, and to fix problems which have been detected; welcomes, therefore, the fact that petitions are the entrance door of citizens in the European institutions; stresses the need for enhanced cooperation between the Committee on Petitions and lead committees, the EU institutions and national, regional and local authorities, on inquiries or proposals regarding implementation of and compliance with EU law; |
| --- | --- |

5.

| 6. | Considers that in order to ensure that petitions are passed to the relevant and competent authorities, it is necessary to improve cooperation with national parliaments, Member State governments, relevant national institutions and Ombudsmen; |
| --- | --- |

6.

| 7. | Recalls that petitions provide a valuable contribution to the Commission’s role as guardian of the Treaties; reiterates that good cooperation between the Committee on Petitions and the Commission is crucial and that faster answers from the Commission are essential in the process of handling petitions; welcomes, in this regard, the commitment made by the Commission Vice-President for Interinstitutional Relations and Foresight, Maroš Šefčovič, during his hearing as commissioner-designate, to further improve the Commission’s handling of petitions and to ensure the submission of accurate answers within the three-month deadline; reiterates its call on the Commission to ensure transparency and access to documents in the framework of the EU Pilot procedures in relation to petitions received, and of the EU Pilot and infringement procedures that have already been concluded; |
| --- | --- |

7.

| 8. | Calls on the Commission to commit to a more active involvement with the Committee on Petitions in order to ensure that petitioners receive a precise response to their requests and complaints regarding the implementation of EU law; |
| --- | --- |

8.

| 9. | Considers that the Commission should not place the responsibility to act on a petitioner alone when there is a problem detected with the application or breach of EU law; believes that the Commission must check whether national authorities are taking steps to solve the problem mentioned in the petition and must be ready to intervene in case of inefficiency of actions of national authorities; |
| --- | --- |

9.

| 10. | Stresses that transparency and public access to the documents of all EU institutions, including the Council, should be the rule in order to ensure the highest level of protection of the democratic rights of citizens; points out that the current Regulation (EC) No 1049/2001 (3) no longer reflects the actual situation; calls on the Commission to submit a proposal for a recast of the 2001 Regulation, with a view to enhancing transparency and accountability by promoting good administrative practice; |
| --- | --- |

10.

| 11. | Notes that the Committee on Petitions frequently receives complaints about rule of law violations by certain authorities; recalls that ensuring the effective, equal and uniform application of EU law is crucial for upholding the rule of law, which is one of the founding values of the Union and its Member States, pursuant to Article 2 TEU; while respecting the subsidiarity principle, calls on the Commission to respect the commitments made in its communication of 17 July 2019 entitled ‘Strengthening the rule of law within the Union: A blueprint for action’ (COM(2019)0343), in order to promote a culture of respect for the rule of law, reinforce cooperation with national authorities, and ensure an effective common response to actual threats within the Union; |
| --- | --- |

11.

| 12. | Urges the Commission to take steps to ensure that the interpretation of the scope of Article 51 is as coherent and broad as possible; recalls that the expectations of most petitioners in relation to the rights conferred on them by the Charter are high and go beyond their current scope of application; |
| --- | --- |

12.

| 13. | Believes that cooperation with other committees of Parliament is essential for the comprehensive treatment of petitions; notes that in 2019, 65 petitions were sent to other committees for opinion and 351 for information, and that 38 opinions and 9 acknowledgements of taking petitions into consideration in their work were received from other committees; also notes that in 2018, 47 petitions were sent to other committees for opinion and 660 for information, and that 30 opinions and 38 acknowledgements of taking petitions into consideration in their work were received from other committees; recalls that petitioners are informed of decisions to request opinions from other committees for the treatment of their petitions; therefore underlines the importance of the contribution of other committees in enabling Parliament to respond more swiftly and efficiently to citizens’ concerns; |
| --- | --- |

13.

| 14. | Trusts that the petitions network is a useful tool for raising awareness of the issues brought up in petitions and facilitating the treatment of petitions in other committees to which they are sent for opinion or for information; notes that there is a need for ensuring an adequate follow-up of petitions in parliamentary and legislative work; stresses that the petitions network could be considered as a strategic tool to foster the right of legislative initiative of the European Parliament enshrined in Article 225 TFEU, thus addressing the shortcomings and inconsistencies of EU law highlighted in petitions in order to ensure full protection of citizens' rights; believes that regular meetings of the petitions network are key for enhancing cooperation between parliamentary committees through exchange of information and sharing of best practices among the network members; stresses that a closer liaison between the committees may also improve efficiency as regards planning hearings and parliamentary studies on the same subjects; advocates drafting a mechanism to enable the Committee on Petitions to be directly involved in the legislative process; |
| --- | --- |

14.

| 15. | Draws attention to the key annual reports adopted by the Committee on Petitions in 2019, notably the Annual Report on the Committee on Petitions’ activities in 2018 (4) and the Annual Report on the European Ombudsman’s work in 2018 (5); |
| --- | --- |

15.

| 16. | Notes that the Committee on Petitions has expressed its opinion on important issues raised in petitions by contributing to parliamentary and legislative reports, notably on the implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework (6) and on the proposal for a directive of the European Parliament and of the Council on discontinuing seasonal changes of time and repealing Directive 2000/84/EC (7); |
| --- | --- |

16.

| 17. | Underlines that many petitions have led to legislative or political action, whether in the form of reports or motions for resolutions, or of preliminary rulings or infringement procedures; |
| --- | --- |

17.

| 18. | Takes note that the environment was the main area of concern for petitioners in 2019; points in this regard to the motion for a resolution pursuant to Rule 227(2) on waste management, adopted on 21 March 2019 by the Committee on Petitions and on 4 April 2019 in plenary (8); stresses that waste management is one of the main global socio-economic and environmental challenges, and reiterates its call to maximise prevention, reuse, separate collection and recycling with a view to boosting the transition towards a circular economy; reiterates its call on the Commission to use the full potential of the early warning system as laid down in the revised waste directives; draws attention to the final report of the fact-finding visit to Valledora (Italy), adopted on 11 April 2019, and calls on the competent national, regional and local authorities to ensure the full and consistent implementation of all recommendations contained therein; |
| --- | --- |

18.

| 19. | Draws attention to the hearing on ‘Climate Change Denial’ which the Committee on Petitions held on 21 March 2019 jointly with the Committee on the Environment, Public Health and Food Safety; believes that the Committee on Petitions must continue to counter climate denialism, including by promoting the adoption of effective and dissuasive sanctions against interest groups lobbying the EU institutions whose activities are directly or indirectly related to climate change denial; stresses that it is of paramount importance to ensure that the future work of the Committee on Petitions guarantees a specific focus on climate change with a view to strengthening the overall activities of the EU institutions aimed at consistently implementing the European Green Deal and the Paris Agreement; |
| --- | --- |

19.

| 20. | Points to the studies on ‘Cross-border nuclear safety, liability and cooperation in the European Union’ and ‘Endocrine Disruptors: From Scientific Evidence to Human Health Protection’, which the Committee on Petitions commissioned as a follow-up to a significant number of petitions raising concerns over these matters and which were presented at its meetings on 20 February 2019 and on 2 April 2019; regrets the fact that environmental rules are not always correctly implemented in the Member States, as described in numerous petitions; stresses the importance of delivering on EU citizens’ expectations on the protection of the environment, and therefore urges the Commission, together with the Member States, to ensure the correct implementation of EU legislation in this field; is convinced that the Commission must step up its activities to make sure that environmental assessments conducted by Member States for the authorisation of infrastructure projects concerning which petitioners have highlighted serious risks for human health and the environment are based on accurate and comprehensive analyses in full compliance with EU law; |
| --- | --- |

20.

| 21. | Is seriously concerned about the severe health damage suffered by citizens — the highest negative impact being registered among children — who live in areas where huge amounts of carcinogenic substances are produced; strongly believes that the Commission must make full use of and consistently implement the provisions of Annex XIV to Regulation (EC) No 1907/2006 (REACH) regarding substances subject to authorisation as being carcinogenic, persistent and bio-accumulative, ensuring their substitution by non-toxic alternative substances, including by promoting industrial processes with this in view; |
| --- | --- |

21.

| 22. | Draws attention to the large number of petitions on Brexit submitted in 2019, mostly calling for the protection of EU citizens’ rights before and after Brexit; welcomes the excellent work done by the Committee on Petitions, which by giving voice to the concerns raised by these petitioners contributed to ensuring that citizens’ rights remained one of Parliament’s main priorities in the Brexit negotiations; stresses that there are many citizens — both in the EU and in the United Kingdom — who, in view of the uncertainty of a no-deal Brexit, have turned to the Committee on Petitions because of the fear of seeing their rights endangered due to the lack of agreement; points out that in order to preserve the rights enjoyed by EU citizens resident in a Member State other than their own, it can be helpful to have appropriate legislation in case the Member State changes its status vis-à-vis the EU; |
| --- | --- |

22.

| 23. | Recalls the specific role of protection played by the Committee on Petitions within the EU in the framework of the UN Convention on the Rights of Persons with Disabilities; points to the committee’s important ongoing work in connection with petitions concerning issues relating to disabilities; notes that the number of petitions on disability decreased in 2019 in comparison with the previous year; notes however, that accessibility and discrimination remain among the main challenges faced by persons with disabilities; recalls that in 2019 the Committee on Petitions paid specific attention to the discussion of petitions on inclusive education for disabled children; calls for a new skills agenda, to be positioned at the very heart of Europe, and for concrete proposals on how to foster inclusiveness and facilitate the recognition and portability of skills within Europe; |
| --- | --- |

23.

| 24. | Welcomes the fact that in 2019 the Committee on Petitions dealt with citizens’ concerns regarding transparency and accountability of the EU institutions, as raised in several petitions; recalls in this regard that at its meeting of 2 April 2019 the committee hosted a workshop on ‘Conflicts of Interest — Integrity, Accountability and Transparency in the EU institutions and agencies’, which examined the achievements reached in relation to conflicts of interest, integrity, accountability, transparency, codes of conduct and revolving doors in the EU institutions and agencies; points to the important contribution made to the debate by the European Ombudsman, who gave a keynote speech on achievements and challenges for EU institutions; |
| --- | --- |

24.

| 25. | Calls for the swift adoption of legal reforms aimed at dealing with lack of transparency of the EU decision-making process, conflicts of interest, and all ethical issues at EU level that affect the legislative process in relation to matters raised by citizens through petitions; |
| --- | --- |

25.

| 26. | Draws attention to the majority support that the plenary of Parliament gave to the resolution of 17 January 2019 on the strategic investigation OI/2/2017 of the European Ombudsman on the transparency of legislative discussions in the preparatory bodies of the Council of the European Union (9); recalls that the Council, as co-legislator, is an indispensable institution for the citizens of the Union; regrets the fact that numerous Council discussions and meetings still take place behind closed doors; invites the Council to implement a policy of greater transparency in order to improve citizens' trust in public institutions; encourages the Council to publicise certain meetings and documents more widely in order to achieve a better communication with European citizens and with national parliaments; |
| --- | --- |

26.

| 27. | Acknowledges the outcome of the public hearing held by the Committee on Petitions on 12 November 2019 on the US Foreign Account Tax Compliance Act (FATCA) and its extraterritorial impact on EU citizens; deplores the fact that the Commission and Council seem to value international relations with the US more than the rights and interests of EU citizens, particularly in the case of FATCA, and calls on them to assume their responsibility and take immediate and meaningful action in support of the citizens concerned, as called for by Parliament in its resolution of 5 July 2018 on the adverse effects of the US Foreign Account Tax Compliance Act on EU citizens (10); |
| --- | --- |

27.

| 28. | Points to the important ongoing work of the Committee on Petitions aimed at ensuring the protection of animal welfare in the EU, as demonstrated by the significant number of petitions on this topic discussed in its meetings in 2019; believes it is of paramount importance to launch a new EU strategy on animal welfare to bridge all the existing gaps and ensure full and effective protection of animal welfare through a clear and comprehensive legislative framework that is fully in line with the requirements of Article 13 TFEU; draws attention to the public hearing on ‘Revaluation of the wolf population in the EU’, which the Committee on Petitions held on 5 December 2019 jointly with the Committee on the Environment, Public Health and Food Safety and in association with the Committee on Agriculture and Rural Development, in order to give voice to citizens’ concerns about the legal framework for the protection of the wolf as well as the impact of wolves and other large carnivores such as the brown bear population on the environment and rural communities; emphasises that in the framework of the Habitats Directive large carnivores are protected species in most of the Member States; calls on the Member States to make better use of the tools under the existing EU legislation to address possible conflicts concerning the conservation of protected large carnivores; invites the Commission to present as soon as possible an updated EU guidance on species protection rules in order to achieve a satisfactory coexistence between people and large carnivores in affected areas; |
| --- | --- |

28.

| 29. | Considers it essential that citizens are able to be involved directly in the initiation of legislative proposals; stresses that the ECI is a fundamental instrument for active citizenship and public participation; welcomes the adoption on 17 April 2019 of the new rules for the ECI, which bring a number of structural and technical improvements aimed at making this instrument more user-friendly and accessible and facilitating increased participation of EU citizens in the legislative process of the Union; notes the significant number of new ECIs registered by the Commission in 2019, which shows that citizens are seizing the opportunity to use participatory instruments to have a say in policymaking and lawmaking processes; calls for more dissemination campaigns on the role of the ECI in order to promote the use of this resource by European citizens; regrets that so far the majority of successful ECIs did not end with a legislative proposal by the Commission; encourages the Commission to approach ECIs as openly and responsively as possible in order to make this instrument a real success of European participatory democracy in the eyes of the citizens; therefore calls on the Commission to initiate a legislative proposal on the basis of any successful ECI that was supported by the European Parliament; |
| --- | --- |

29.

| 30. | Recalls that relations with the European Ombudsman are one of the responsibilities conferred by Parliament’s Rules of Procedure on the Committee on Petitions; welcomes Parliament’s fruitful cooperation with the European Ombudsman, as well as its involvement in the European Network of Ombudsmen; underlines the excellent relations between the European Ombudsman and the Committee on Petitions; notes the key role played by the Committee on Petitions in ensuring that the public hearings of the candidates in the framework of the election procedure for the European Ombudsman in 2019 were conducted in a transparent and efficient manner; |
| --- | --- |

30.

| 31. | Appreciates the European Ombudsman’s regular contributions to the work of the Committee on Petitions throughout the year; firmly believes that the Union’s institutions, bodies and agencies must ensure consistent and effective follow-up to the recommendations of the Ombudsman; |
| --- | --- |

31.

| 32. | Recalls that the Petitions Web Portal is an essential tool for ensuring a smooth, efficient and transparent petition process; welcomes, in this regard, its alignment with the ‘look and feel’ of the European Parliament’s website (Europarl); recalls that since the end of 2017, documents such as agendas, minutes and communications from the Committee on Petitions have been automatically uploaded to the portal, providing citizens with a portal which is more responsive, transparent and accessible; stresses that efforts must be continued to make the portal more accessible to persons with disabilities, including developments which allow petitioners to submit petitions in the EU's national sign languages, in order to ensure that all citizens of the Union can exercise their right to petition the European Parliament as contained in Articles 20 and 24 TFEU and in Article 44 of the Charter of Fundamental Rights of the European Union; suggests ensuring more visibility for the Petitions Web Portal on the European Parliament’s website; is of the opinion that the right to petition is directly linked to the institution’s activities and deserves a visible and easily accessible place on the EP’s website; calls for investigation into how to prevent the use of stolen or fake identities; |
| --- | --- |

32.

| 33. | Underlines that, although the number of people supporting one or more petitions on Parliament’s Petitions web portal has increased by comparison with 2018, some petitioners are still reporting technical problems with supporting several petitions; |
| --- | --- |

33.

| 34. | Underlines that the ePetitions instrument is an important database for the Committee on Petitions to function, but calls for the improvement and modernisation of the interface in order to make it easier to use and more accessible; |
| --- | --- |

34.

| 35. | Congratulates the secretariat of the Committee on Petitions for handling petitions efficiently and with great care, in accordance with the committee’s guidelines and the petitions lifecycle in the EP administration; |
| --- | --- |

35.

| 36. | Instructs its President to forward this resolution and the report of the Committee on Petitions to the Council, the Commission, the European Ombudsman, the governments and parliaments of the Member States, and the Member States’ committees on petitions, national Ombudsmen or similar competent bodies. |
| --- | --- |

36.

---

(1)  OJ C 411, 27.11.2020, p. 149.

(2)  OJ C 449, 23.12.2020, p. 182.

(3)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

(4)  Report adopted on 22 January 2019.

(5)  Report adopted on 12 November 2019.

(6)  Opinion adopted on 21 January 2019.

(7)  Opinion adopted on 20 February 2019.

(8)  Texts adopted, P8_TA(2019)0338.

(9)  Texts adopted, P8_TA(2019)0045.

(10)  OJ C 118, 8.4.2020, p. 141.

---

Friday 18 December 2020

| 29.10.2021 | EN | Official Journal of the European Union | C 445/176 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/176

---

P9_TA(2020)0384

The deteriorating situation of human rights in Egypt, in particular the case of the activists of the Egyptian Initiative for Personal Rights (EIPR)

European Parliament resolution of 18 December 2020 on the deteriorating situation of human rights in Egypt, in particular the case of the activists of the Egyptian Initiative for Personal Rights (EIPR) (2020/2912(RSP))

(2021/C 445/21)

The European Parliament,

| — | having regard to its previous resolutions on Egypt, in particular that of 24 October 2019 (1), |
| --- | --- |

—

having regard to its previous resolutions on Egypt, in particular that of 24 October 2019 (1),

| — | having regard to the EU Foreign Affairs Council conclusions on Egypt of August 2013 and February 2014, |
| --- | --- |

—

having regard to the EU Foreign Affairs Council conclusions on Egypt of August 2013 and February 2014,

| — | having regard to the statements by the European External Action Service (EEAS) Spokesperson for Foreign Affairs and Security Policy on Egypt, and in particular that of 21 November 2020 on recent arrests of human rights activists, |
| --- | --- |

—

having regard to the statements by the European External Action Service (EEAS) Spokesperson for Foreign Affairs and Security Policy on Egypt, and in particular that of 21 November 2020 on recent arrests of human rights activists,

| — | having regard to the statement by the Spokesperson for the UN High Commissioner for Human Rights on Egypt of 20 November 2020, |
| --- | --- |

—

having regard to the statement by the Spokesperson for the UN High Commissioner for Human Rights on Egypt of 20 November 2020,

| — | having regard to the call from UN experts of 27 November 2020 for the release of Egyptian human rights defenders who were incarcerated after meeting diplomats, and to the experts’ statement of 7 December 2020 on the decision to release on bail three senior staff members of the Egyptian Initiative for Personal Rights (EIPR) , |
| --- | --- |

—

having regard to the call from UN experts of 27 November 2020 for the release of Egyptian human rights defenders who were incarcerated after meeting diplomats, and to the experts’ statement of 7 December 2020 on the decision to release on bail three senior staff members of the Egyptian Initiative for Personal Rights (EIPR) ,

| — | having regard to the UN Human Rights Council’s Universal Periodic Review of Egypt of 2019-2020, |
| --- | --- |

—

having regard to the UN Human Rights Council’s Universal Periodic Review of Egypt of 2019-2020,

| — | having regard to the joint statement of 13 May 2020 by the UN Office on Drugs and Crime (UNODC), the World Health Organization (WHO), the Joint UN Programme on HIV and AIDS (UNAIDS) and the Office of the UN High Commissioner for Human Rights (OHCHR) on COVID-19 in prisons and other closed settings, |
| --- | --- |

—

having regard to the joint statement of 13 May 2020 by the UN Office on Drugs and Crime (UNODC), the World Health Organization (WHO), the Joint UN Programme on HIV and AIDS (UNAIDS) and the Office of the UN High Commissioner for Human Rights (OHCHR) on COVID-19 in prisons and other closed settings,

| — | having regard to the EU-Egypt Association Agreement of 2001, which entered into force in 2004 and was strengthened by the Action Plan of 2007; having regard to the EU-Egypt Partnership Priorities 2017-2020, adopted on 25 July 2017, to the joint statement issued following the 2017 EU-Egypt Association Council, and to the joint statement on the sixth meeting of the EU-Egypt Subcommittee on Political Matters, Human Rights and Democracy of 23-24 June 2019, |
| --- | --- |

—

having regard to the EU-Egypt Association Agreement of 2001, which entered into force in 2004 and was strengthened by the Action Plan of 2007; having regard to the EU-Egypt Partnership Priorities 2017-2020, adopted on 25 July 2017, to the joint statement issued following the 2017 EU-Egypt Association Council, and to the joint statement on the sixth meeting of the EU-Egypt Subcommittee on Political Matters, Human Rights and Democracy of 23-24 June 2019,

| — | having regard to the EU Guidelines on the Death Penalty, on Torture, on Freedom of Expression and on Human Rights Defenders, |
| --- | --- |

—

having regard to the EU Guidelines on the Death Penalty, on Torture, on Freedom of Expression and on Human Rights Defenders,

| — | having regard to the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child and the Arab Charter on Human Rights, which have been ratified by Egypt, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child and the Arab Charter on Human Rights, which have been ratified by Egypt,

| — | having regard to the Constitution of Egypt, notably its Article 52 on the prohibition of torture in all forms and types, Article 73 on freedom of assembly and Article 93 on the binding character of international human rights law, |
| --- | --- |

—

having regard to the Constitution of Egypt, notably its Article 52 on the prohibition of torture in all forms and types, Article 73 on freedom of assembly and Article 93 on the binding character of international human rights law,

| — | having regard to the African Charter on Human Rights and Peoples of 1981, ratified by Egypt on 20 March 1984, |
| --- | --- |

—

having regard to the African Charter on Human Rights and Peoples of 1981, ratified by Egypt on 20 March 1984,

| — | having regard to the Universal Declaration of Human Rights of 1948, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights of 1948,

| — | having regard to Rule 144(5) and 132(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 144(5) and 132(4) of its Rules of Procedure,

| A. | whereas the human rights situation in Egypt has continued to deteriorate as authorities intensify their crackdown on civil society, human rights defenders, health workers, journalists, opposition members, academics and lawyers, and continue to brutally and systematically repress any form of dissent, thereby undermining core freedoms, notably the freedoms of expression, both online and offline, and of association and assembly, political pluralism, the right to participation in public affairs and the rule of law; |
| --- | --- |

A.

whereas the human rights situation in Egypt has continued to deteriorate as authorities intensify their crackdown on civil society, human rights defenders, health workers, journalists, opposition members, academics and lawyers, and continue to brutally and systematically repress any form of dissent, thereby undermining core freedoms, notably the freedoms of expression, both online and offline, and of association and assembly, political pluralism, the right to participation in public affairs and the rule of law;

| B. | whereas following their meeting with 13 foreign ambassadors and diplomats on 3 November 2020, three activists from the Egyptian Initiative for Personal Rights (EIPR), one of the last independent human rights organisations in Egypt, Gasser Abdel Razek, Karim Ennarah and Mohammad Basheer, were arrested by security forces and charged with terrorism and national security-related offences between 15 and 19 November 2020; |
| --- | --- |

B.

whereas following their meeting with 13 foreign ambassadors and diplomats on 3 November 2020, three activists from the Egyptian Initiative for Personal Rights (EIPR), one of the last independent human rights organisations in Egypt, Gasser Abdel Razek, Karim Ennarah and Mohammad Basheer, were arrested by security forces and charged with terrorism and national security-related offences between 15 and 19 November 2020;

| C. | whereas following national and international expressions of concern, including from the OHCHR, the spokesperson for the Vice-President of the Commission / High Representative of the European Union for Foreign Affairs and Security Policy (VP/HR) and the Member States, on 3 December 2020 the activists were granted bail and released while the charges were maintained; whereas despite their release on 6 December 2020, an Egyptian court handling terror-related cases upheld a prosecutor’s decision to freeze their assets until the investigations have been carried out; |
| --- | --- |

C.

whereas following national and international expressions of concern, including from the OHCHR, the spokesperson for the Vice-President of the Commission / High Representative of the European Union for Foreign Affairs and Security Policy (VP/HR) and the Member States, on 3 December 2020 the activists were granted bail and released while the charges were maintained; whereas despite their release on 6 December 2020, an Egyptian court handling terror-related cases upheld a prosecutor’s decision to freeze their assets until the investigations have been carried out;

| D. | whereas the crackdown on EIPR started in 2016, when the bank accounts of former EIPR director and founder Hossam Bahgat were frozen and he was banned from leaving the country; whereas the EIPR provides an invaluable service in promoting personal, political, civil, economic and social rights and freedoms in the country; |
| --- | --- |

D.

whereas the crackdown on EIPR started in 2016, when the bank accounts of former EIPR director and founder Hossam Bahgat were frozen and he was banned from leaving the country; whereas the EIPR provides an invaluable service in promoting personal, political, civil, economic and social rights and freedoms in the country;

| E. | whereas on 7 February 2020, EIPR gender rights researcher and postgraduate Erasmus student at Italy’s University of Bologna, Patrick George Zaki, was arbitrarily arrested at Cairo International Airport; whereas, according to his lawyer, Patrick George Zaki was subjected to a 17-hour interrogation by Egypt’s National Security Agency before being transferred to Mansoura, where he was beaten and tortured with electric shocks; whereas Patrick George Zaki was charged with disseminating subversive propaganda, incitement to protest and instigation to terrorism, among other charges; whereas, while his health situation puts him at particular risk of contracting COVID-19 in Tora Prison, Patrick George Zaki’s pre-trial detention has continuously been extended for the past 10 months; whereas the Erasmus programme has been regarded as one of the most successful initiatives for the promotion of EU core values; whereas the detention of Patrick George Zaki during the course of his fellowship in Europe represents a threat to these values and the EU must do everything in its power find a solution to this case; |
| --- | --- |

E.

whereas on 7 February 2020, EIPR gender rights researcher and postgraduate Erasmus student at Italy’s University of Bologna, Patrick George Zaki, was arbitrarily arrested at Cairo International Airport; whereas, according to his lawyer, Patrick George Zaki was subjected to a 17-hour interrogation by Egypt’s National Security Agency before being transferred to Mansoura, where he was beaten and tortured with electric shocks; whereas Patrick George Zaki was charged with disseminating subversive propaganda, incitement to protest and instigation to terrorism, among other charges; whereas, while his health situation puts him at particular risk of contracting COVID-19 in Tora Prison, Patrick George Zaki’s pre-trial detention has continuously been extended for the past 10 months; whereas the Erasmus programme has been regarded as one of the most successful initiatives for the promotion of EU core values; whereas the detention of Patrick George Zaki during the course of his fellowship in Europe represents a threat to these values and the EU must do everything in its power find a solution to this case;

| F. | whereas media freedom in Egypt has been declining over the past years given the restricted space for journalists; whereas journalists and their family members are increasingly persecuted and face detention, threats and intimidation; whereas Egyptian authorities continue to block the websites of local and international news organisations and human rights organisations; |
| --- | --- |

F.

whereas media freedom in Egypt has been declining over the past years given the restricted space for journalists; whereas journalists and their family members are increasingly persecuted and face detention, threats and intimidation; whereas Egyptian authorities continue to block the websites of local and international news organisations and human rights organisations;

| G. | whereas tens of thousands of human rights defenders, including women’s rights activists, LGBTI activists, lawyers, journalists, activists, peaceful dissenters and members of the opposition remain imprisoned in life-threatening conditions; whereas the enforced disappearance of human rights defenders is becoming a systematic practice of the Egyptian authorities; whereas pre-trial preventive detention and precautionary measures are used in order to prevent activists and their lawyers from carrying out their legitimate human rights work or from peacefully exercising their fundamental freedoms in Egypt; |
| --- | --- |

G.

whereas tens of thousands of human rights defenders, including women’s rights activists, LGBTI activists, lawyers, journalists, activists, peaceful dissenters and members of the opposition remain imprisoned in life-threatening conditions; whereas the enforced disappearance of human rights defenders is becoming a systematic practice of the Egyptian authorities; whereas pre-trial preventive detention and precautionary measures are used in order to prevent activists and their lawyers from carrying out their legitimate human rights work or from peacefully exercising their fundamental freedoms in Egypt;

| H. | whereas Egyptian civil society activists, human rights defenders, journalists and academics should be able to carry out their legitimate activities without any hindrance or fear of reprisals against them or their relatives; whereas illegal digital surveillance is conducted on their work, social media accounts and personal devices; |
| --- | --- |

H.

whereas Egyptian civil society activists, human rights defenders, journalists and academics should be able to carry out their legitimate activities without any hindrance or fear of reprisals against them or their relatives; whereas illegal digital surveillance is conducted on their work, social media accounts and personal devices;

| I. | whereas the counter-terrorism legislation introduced under the rule of President al-Sisi is criticised by many human rights organisations for giving the authorities a dangerously large scope of interpretation and being misused to silence human rights defenders, their lawyers, activists and members of the opposition; whereas suspects in terror cases often do not receive fair trials, as they are referred directly to military courts; whereas according to Human Rights Watch, since the 2013 military coup, the Egyptian authorities have put around 3 000 people on terrorist lists, sentenced 3 000 people to death, and put 60 000 people in detention; |
| --- | --- |

I.

whereas the counter-terrorism legislation introduced under the rule of President al-Sisi is criticised by many human rights organisations for giving the authorities a dangerously large scope of interpretation and being misused to silence human rights defenders, their lawyers, activists and members of the opposition; whereas suspects in terror cases often do not receive fair trials, as they are referred directly to military courts; whereas according to Human Rights Watch, since the 2013 military coup, the Egyptian authorities have put around 3 000 people on terrorist lists, sentenced 3 000 people to death, and put 60 000 people in detention;

| J. | whereas according to civil society organisations, Egypt has executed at least 110 people in 2020, with 66 of those executions having taken place since 3 October 2020, meaning that more people have been executed in the past two months than in the whole of 2019; whereas at least 39 people are at risk of imminent execution; whereas these sentences reportedly follow grossly unfair trials marred by forced ‘confessions’ and other serious human rights violations, including torture and enforced disappearances, that lack any serious investigation into these acts and due process for victims, such as in the case of Coptic Christian monk Isaiah al-Maqari; whereas children continue to be sentenced to death; whereas Article 122 of Egypt’s Child Law remains of serious concern as it allows children to be tried in mass trials in adult courts in certain circumstances and has led to at least 17 juveniles receiving death sentences since 2011; |
| --- | --- |

J.

whereas according to civil society organisations, Egypt has executed at least 110 people in 2020, with 66 of those executions having taken place since 3 October 2020, meaning that more people have been executed in the past two months than in the whole of 2019; whereas at least 39 people are at risk of imminent execution; whereas these sentences reportedly follow grossly unfair trials marred by forced ‘confessions’ and other serious human rights violations, including torture and enforced disappearances, that lack any serious investigation into these acts and due process for victims, such as in the case of Coptic Christian monk Isaiah al-Maqari; whereas children continue to be sentenced to death; whereas Article 122 of Egypt’s Child Law remains of serious concern as it allows children to be tried in mass trials in adult courts in certain circumstances and has led to at least 17 juveniles receiving death sentences since 2011;

| K. | whereas there has been an ongoing state of emergency in Egypt since 10 April 2017; whereas mass trials continue to proceed despite widespread international condemnation that they are simply unfit to meet the basic requirements of international law on due process and fair trial rights; whereas more civilians are being tried in military courts than ever before; |
| --- | --- |

K.

whereas there has been an ongoing state of emergency in Egypt since 10 April 2017; whereas mass trials continue to proceed despite widespread international condemnation that they are simply unfit to meet the basic requirements of international law on due process and fair trial rights; whereas more civilians are being tried in military courts than ever before;

| L. | whereas sexual violence and harassment against women have plagued Egyptian society in recent decades as survivors are often blamed, and authorities have done little to prosecute suspects or to challenge discriminatory norms that underpin such violence; whereas abusive practices such as virginity testing are still widespread, including by the Egyptian authorities; whereas the law on violence against women, which has been stalled in the Egyptian Parliament since 2017, is still to be ratified; whereas existing policies and laws against FGM are not well enforced and the practice continues; whereas women rights defenders and feminist activists continue to face repression; |
| --- | --- |

L.

whereas sexual violence and harassment against women have plagued Egyptian society in recent decades as survivors are often blamed, and authorities have done little to prosecute suspects or to challenge discriminatory norms that underpin such violence; whereas abusive practices such as virginity testing are still widespread, including by the Egyptian authorities; whereas the law on violence against women, which has been stalled in the Egyptian Parliament since 2017, is still to be ratified; whereas existing policies and laws against FGM are not well enforced and the practice continues; whereas women rights defenders and feminist activists continue to face repression;

| M. | whereas on 10 December 2020, and after a four-year judicial investigation, Italian prosecutors in Rome announced that they had unequivocal proof of the involvement of four Egyptian state security officers on the aggravated kidnap, aggravated injury and murder of the Italian research assistant Giulio Regeni; whereas the lawyers of the Egyptian Commission for Rights and Freedoms (ECRF) continue to provide their support to the Regeni legal team in Italy, as they are the legal representatives in Egypt; whereas the Egyptian authorities have constantly hindered progress in investigating and revealing the truth about the kidnapping, torture and killing of Giulio Regeni and the death of French teacher Eric Lang, who had been detained in Cairo in 2013, preventing the possibility for those responsible to be held accountable; |
| --- | --- |

M.

whereas on 10 December 2020, and after a four-year judicial investigation, Italian prosecutors in Rome announced that they had unequivocal proof of the involvement of four Egyptian state security officers on the aggravated kidnap, aggravated injury and murder of the Italian research assistant Giulio Regeni; whereas the lawyers of the Egyptian Commission for Rights and Freedoms (ECRF) continue to provide their support to the Regeni legal team in Italy, as they are the legal representatives in Egypt; whereas the Egyptian authorities have constantly hindered progress in investigating and revealing the truth about the kidnapping, torture and killing of Giulio Regeni and the death of French teacher Eric Lang, who had been detained in Cairo in 2013, preventing the possibility for those responsible to be held accountable;

| N. | whereas the EU is Egypt’s first economic partner and its main source of foreign investment; whereas in June 2017, the EU and Egypt adopted partnership priorities that set out to enhance cooperation in a wide-range of areas, including in the area of security, counter-terrorism and judiciary reform; |
| --- | --- |

N.

whereas the EU is Egypt’s first economic partner and its main source of foreign investment; whereas in June 2017, the EU and Egypt adopted partnership priorities that set out to enhance cooperation in a wide-range of areas, including in the area of security, counter-terrorism and judiciary reform;

| 1. | Deplores once again and in the strongest possible terms the continuing and intensifying crackdown on fundamental rights and on human rights defenders, lawyers, protesters, journalists, bloggers, trade unionists, students, children, women’s rights and gender equality activists, lesbian, gay, bisexual, transgender and intersex (LGBTI) people, political opponents, including their family members, civil society organisations and minorities, solely in response to their exercise of their fundamental freedoms or their expression of dissent, by state authorities and security forces in Egypt; calls for an independent and transparent investigation into all human rights violations and for those responsible to be held to account; underlines the importance of a strong and well-functioning civil society; |
| --- | --- |

1.

| 2. | Is outraged at the recent arrests of senior EIPR activists Gasser Abdel Razek, Karim Ennarah and Mohammad Basheer in retaliation for their legitimate meeting with European diplomats in Cairo; welcomes their provisional release, but urges the authorities to drop all charges against them, end all forms of harassment and intimidation against them and EIPR founder and acting director Hossam Bahgat, and revoke any restrictive measures, including travel bans and asset freezes, adopted against them and the EIPR; calls on the Egyptian Government to ensure that their case will be dealt with in a transparent, fair and swift manner; |
| --- | --- |

2.

| 3. | Regrets that the decision to release them was not extended to other EIPR detainees, in particular Patrick George Zaki, whose detention order was extended for another 45 days on 6 December 2020; calls for Patrick George Zaki’s immediate and unconditional release and for all charges against him to be dropped; considers that a strong, swift and coordinated EU diplomatic reaction to his arrest and prolonged detention is needed; |
| --- | --- |

3.

| 4. | Reiterates its calls for the immediate and unconditional release of those arbitrarily detained and sentenced for carrying out their legitimate and peaceful human rights work, in particular Mohamed Ibrahim, Mohamed Ramadan, Abdelrahman Tarek, Ezzat Ghoneim, Haytham Mohamadeen, Alaa Abdel Fattah, Ibrahim Metwally Hegazy, Mahienour El-Massry, Mohamed El-Baqer, Hoda Abdelmoniem, Ahmed Amasha, Islam El-Kalhy, Abdel Moneim Aboul Fotouh, Esraa Abdel Fattah, Ramy Kamel, Ibrahim Ezz El-Din, Zyad el-Elaimy, Hassan Barbary, Ramy Shaath, Sanaa Seif, Solafa Magdy, Hossam al-Sayyad, Mahmoud Hussein and Kamal El-Balshy; |
| --- | --- |

4.

| 5. | Stresses that the ongoing arrests and detentions are part of a broader pattern of intimidating organisations defending human rights as well as the increasing restrictions on freedom of expression, both online and offline, of association and of peaceful assembly in Egypt, and calls for an end to all these acts; deplores Egypt’s continued use of counter-terrorism legislation, the arbitrary addition of defenders on Egypt’s terrorist lists and pre-trial custody to target and criminalise the work of human rights defenders, which is inconsistent with the rule of law and Egypt’s obligations under international human rights law; urges the Egyptian authorities to amend or repeal any abusive legislation, in particular its 2019 non-governmental organisation (NGO) law and its counterterrorism law; calls once again on the Egyptian authorities to close Case 173/2011 (the ‘Foreign Funding Case’), and lift all travel bans and assets freezing imposed on at least 31 human rights defenders and staff members of human rights NGOs under the case; |
| --- | --- |

5.

| 6. | Calls on the Egyptian authorities to ensure that the treatment of any detainee adheres to the conditions set out in the ‘Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment’, adopted by the UN General Assembly in its Resolution 43/173 of 9 December 1988, that pending their release, they are allowed full access to their families, lawyers of their choice and adequate medical care, and that credible investigations are conducted into any allegations of ill-treatment or torture; |
| --- | --- |

6.

| 7. | Expresses its deep concern for the fate of detainees and prisoners held in overcrowded places of detention, in abysmal conditions, during the COVID-19 pandemic and calls on the authorities to urgently decongest places of detention; calls on authorities to provide unrestricted access to the Tora maximum security prison for an independent organisation in order to monitor the conditions of detention; denounces the arbitrary arrests, harassment and repression of medical workers and journalists for speaking out about the COVID-19 situation or the Egyptian state response in 2020; calls on the Egyptian authorities to cease this practice and release any medical personnel still in arbitrary detention; |
| --- | --- |

7.

| 8. | Deplores the rise in executions in Egypt and rejects the use of the death penalty; calls on the Egyptian authorities to declare a moratorium on the death penalty with a view to abolishing it and to take all steps to ensure strict adherence to due process guarantees and all possible safeguards to ensure a fair trial; calls on Egypt to immediately release all juveniles who have received death sentences and amend Article 122 of its Child Law; |
| --- | --- |

8.

| 9. | Calls on the Egyptian authorities to adopt a comprehensive law on violence against women and a national strategy to enforce the approved laws against sexual violence; urges the authorities to use available UN guidance, such as the UN Handbook for Legislation on Violence against Women, to set out components on combating violence against women, including protection of survivors and witnesses through trained officers and providers; calls on the Egyptian authorities to cease any type of persecution against women on the grounds of ‘violation of morals’, as against the female human rights defender Amal Fathy; calls on the authorities to immediately put an end to the arrest and prosecution of members of the LGBTI community or individuals solely on the basis of their real or perceived sexual orientation, such as in the case of Seif Bedour; |
| --- | --- |

9.

| 10. | Deplores the attempt by the Egyptian authorities to mislead and hinder progress in investigating the kidnapping, torture and murder in 2016 of Giulio Regeni, an Italian researcher; regrets the Egyptian authorities’ persistent refusal to provide the Italian authorities with all the documents and information needed to enable a swift, transparent and impartial investigation into the murder of Mr Regeni in accordance with Egypt’s international obligations; calls for the EU and the Member States to urge the Egyptian authorities to fully cooperate with Italian judicial authorities, putting an end to their refusal to send the residence addresses, as required by Italian law, of the four suspects indicated by the Italian prosecutors in Rome, upon closing the investigation, in order to allow for their formal indictment to face charges in a fair trial in Italy; warns the Egyptian authorities against retaliating against the witnesses or the Egyptian Commission for Rights and Freedoms (ECRF) and its lawyers; |
| --- | --- |

10.

| 11. | Expresses strong political and human support to the family of Giulio Regeni for their constant and dignified search for the truth; recalls that the search for the truth about the kidnapping, torture and murder of a European citizen does not belong to the family alone, but that it is an imperative duty for national and EU institutions that requires all necessary diplomatic actions to be taken; |
| --- | --- |

11.

| 12. | Notes that Egypt is an important partner of the European Union and its Member States in a wide range of areas, including trade, security, the fight against international terrorism and people-to-people contacts; supports the Egyptian people in their aspirations to establish a free, stable, prosperous, inclusive, and democratic country that respects its national and international legislation when it comes to the protection and advancement of human rights; |
| --- | --- |

12.

| 13. | Reminds the Egyptian authorities that respect for human rights and fundamental freedoms constitutes an essential element of EU-Egypt relations and that providing space to civil society is a joint commitment enshrined in the EU-Egypt Partnership Priorities, as stipulated in the Egyptian Constitution; stresses that no human rights defender should face financial restrictions, criminalisation, travel bans or bail conditions, or be imprisoned for their legitimate human rights work; urges the VP/HR to publicly express concerns over the human rights situation in Egypt and at any high-level meeting with Egyptian authorities; |
| --- | --- |

13.

| 14. | Encourages representatives from the EU Delegation and from the Member States in Cairo to attend the trials of Egyptian and foreign journalists, bloggers, trade unionists, human rights defenders and civil society activists in the country and visit them in detention; |
| --- | --- |

14.

| 15. | Reiterates its call on the VP/HR and the Member States to respond in a unified and resolute manner, also in coordination with other likeminded partners, to the crackdown and human rights violations in Egypt, and to use all tools at their disposal to secure concrete progress in Egypt’s human rights record; urges, in particular, the EU and its Member States to take the lead at the upcoming session of the UN Human Rights Council to set up a long overdue monitoring and reporting mechanism on grave human rights violations in Egypt; welcomes the adoption by the Council of a global human rights sanctions regime/EU Magnitsky Act and reiterates its call on the VP/HR and the Member States to consider targeted restrictive measures against high-level Egyptian officials responsible for the most serious violations in the country; |
| --- | --- |

15.

| 16. | Reiterates its call for a profound and comprehensive review of the EU’s relations with Egypt; considers that the human rights situation in Egypt requires a serious revision of the Commission’s budget support operations and requires the restriction of EU aid to primarily supporting democratic actors and civil society; calls for more transparency on all forms of financial support or training provided by the EU, the European Bank for Reconstruction and Development and the European Investment Bank to Egypt; recalls that the EU and its Member States must not give awards to leaders responsible for human rights violations; |
| --- | --- |

16.

| 17. | Calls for the EU, with a view to negotiating new partnership priorities, to establish clear benchmarks that make further cooperation a centrepiece of our relations in order to achieve progress in the reform of democratic institutions, the rule of law and human rights, and to mainstream human rights concerns in all talks with Egyptian authorities; urges the Commission and the EEAS to put the need for tangible improvements to the human rights situation, in particular the release of arbitrarily detained human rights defenders and journalists, at the centre of the next EU-Egypt Association Council meeting; reiterates that cooperation in the areas of migration management or counter-terrorism, but also geopolitical considerations, should not come at the expense of continued pressure for human rights compliance and accountability for human rights abuses; |
| --- | --- |

17.

| 18. | Reiterates its recent calls on the Member States to follow up on the 21 August 2013 Foreign Affairs Council Conclusions announcing the suspension of export licences for any equipment which might be used for internal repression in line with Common Position 2008/944/CFSP (2), and condemns the persistent non-compliance of Member States with these commitments; calls on the Member States to halt all exports of arms, surveillance technology and other security equipment to Egypt that can facilitate attacks on human rights defenders and civil society activists, including on social media, as well as any other kind of internal repression; calls for the EU to implement in full its export controls vis-à-vis Egypt with regard to goods that could be used for repression, torture or capital punishment; |
| --- | --- |

18.

| 19. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the Egyptian Government and Parliament, and the African Commission on Human and Peoples’ Rights. |
| --- | --- |

19.

---

(1)  Texts adopted, P9_TA(2019)0043.

(2)  OJ L 335, 13.12.2008, p. 99.

---

OPINIONS

European Parliament

Tuesday 15 December 2020

| 29.10.2021 | EN | Official Journal of the European Union | C 445/182 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/182

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P9_TA(2020)0349

Non-objection to an implementing measure: The substance group 4-(1,1,3,3-Tetramethylbutyl)phenol, ethoxylated

European Parliament decision to raise no objections to the draft Commission regulation amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards the substance group 4-(1,1,3,3-Tetramethylbutyl)phenol, ethoxylated (covering well-defined substances and substances of unknown or variable composition, complex reaction products or biological materials, polymers and homologues) (D070073/02 — 2020/2898(RPS))

(2021/C 445/22)

The European Parliament,

| — | having regard to the draft Commission regulation amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards the substance group 4-(1,1,3,3-Tetramethylbutyl)phenol, ethoxylated (covering well-defined substances and substances of unknown or variable composition, complex reaction products or biological materials, polymers and homologues) (D070073/02, |
| --- | --- |

—

having regard to the draft Commission regulation amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards the substance group 4-(1,1,3,3-Tetramethylbutyl)phenol, ethoxylated (covering well-defined substances and substances of unknown or variable composition, complex reaction products or biological materials, polymers and homologues) (D070073/02,

| — | having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular Articles 58 and 131 thereof, |
| --- | --- |

—

having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular Articles 58 and 131 thereof,

| — | having regard to the opinion delivered on 20 November 2020 by the committee referred to in Article 133 of the above regulation, |
| --- | --- |

—

having regard to the opinion delivered on 20 November 2020 by the committee referred to in Article 133 of the above regulation,

| — | having regard to the Commission’s letter of 23 November 2020 asking Parliament to declare that it will raise no objections to the draft regulation, |
| --- | --- |

—

having regard to the Commission’s letter of 23 November 2020 asking Parliament to declare that it will raise no objections to the draft regulation,

| — | having regard to the letter from the Committee on the Environment, Public Health and Food Safety to the Chair of the Conference of Committee Chairs of 2 December 2020, |
| --- | --- |

—

having regard to the letter from the Committee on the Environment, Public Health and Food Safety to the Chair of the Conference of Committee Chairs of 2 December 2020,

| — | having regard to Article 5a(3) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2), |
| --- | --- |

—

having regard to Article 5a(3) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2),

| — | having regard to Rule 112(4)(d) and Rule 111(6) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 112(4)(d) and Rule 111(6) of its Rules of Procedure,

| — | having regard to the recommendation for a decision of the Committee on the Environment, Public Health and Food Safety, |
| --- | --- |

—

having regard to the recommendation for a decision of the Committee on the Environment, Public Health and Food Safety,

| — | having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 15 December 2020, |
| --- | --- |

—

having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 15 December 2020,

| A. | whereas the substance group 4-(1,1,3,3-tetramethylbutyl)phenol, ethoxylated (‘the substance group’) meets the criteria set out in point (f) of Article 57 of Regulation (EC) No 1907/2006 and is listed in Annex XIV to that Regulation; whereas the latest application date for the substance group was 4 July 2019 and the sunset date is set for 4 January 2021; |
| --- | --- |

A.

whereas the substance group 4-(1,1,3,3-tetramethylbutyl)phenol, ethoxylated (‘the substance group’) meets the criteria set out in point (f) of Article 57 of Regulation (EC) No 1907/2006 and is listed in Annex XIV to that Regulation; whereas the latest application date for the substance group was 4 July 2019 and the sunset date is set for 4 January 2021;

| B. | whereas the substance group is used for the production of in-vitro diagnostic kits and in the development of vaccines to combat COVID-19 and possibly also in the production of these vaccines; whereas it is therefore of paramount importance to ensure that the substance group can continue to be used for specific purposes, for the diagnosis, treatment or prevention of COVID-19 after 4 January 2021, as an exceptional measure for the protection of public health; |
| --- | --- |

B.

whereas the substance group is used for the production of in-vitro diagnostic kits and in the development of vaccines to combat COVID-19 and possibly also in the production of these vaccines; whereas it is therefore of paramount importance to ensure that the substance group can continue to be used for specific purposes, for the diagnosis, treatment or prevention of COVID-19 after 4 January 2021, as an exceptional measure for the protection of public health;

| C. | whereas, on 27 November 2020, the Commission transmitted to Parliament the draft Commission regulation, which opened the scrutiny period for Parliament to object to that regulation; |
| --- | --- |

C.

whereas, on 27 November 2020, the Commission transmitted to Parliament the draft Commission regulation, which opened the scrutiny period for Parliament to object to that regulation;

| D. | whereas, inter alia, the draft Commission regulation introduces a postponement of the latest application date for the substance group until 18 months after the entry into force of that regulation in order to allow for the preparation of applications for authorisation for certain uses and accordingly, also a postponement of the sunset date for the substance group until 36 months after its entry into force; |
| --- | --- |

D.

whereas, inter alia, the draft Commission regulation introduces a postponement of the latest application date for the substance group until 18 months after the entry into force of that regulation in order to allow for the preparation of applications for authorisation for certain uses and accordingly, also a postponement of the sunset date for the substance group until 36 months after its entry into force;

| E. | whereas the draft Commission regulation should enter into force as a matter of urgency and apply retroactively as from 4 July 2019, in order to avoid a gap in the period during which applications for uses for the research, development and production of medicinal products, medical devices or accessories to medical devices, including in vitro diagnostic medical devices, in view of their use for the diagnosis, treatment or prevention of COVID-19 and use in such medical devices or accessories can be validly submitted so that the use is covered by point (d) of Article 56(1) of Regulation (EC) No 1907/2006; |
| --- | --- |

E.

whereas the draft Commission regulation should enter into force as a matter of urgency and apply retroactively as from 4 July 2019, in order to avoid a gap in the period during which applications for uses for the research, development and production of medicinal products, medical devices or accessories to medical devices, including in vitro diagnostic medical devices, in view of their use for the diagnosis, treatment or prevention of COVID-19 and use in such medical devices or accessories can be validly submitted so that the use is covered by point (d) of Article 56(1) of Regulation (EC) No 1907/2006;

| F. | whereas the present decision is granted as an exceptional measure for the protection of public health, to ensure that the substance group can continue to be used for specific purposes, for the diagnosis, treatment or prevention of COVID-19 after 4 January 2021; |
| --- | --- |

F.

whereas the present decision is granted as an exceptional measure for the protection of public health, to ensure that the substance group can continue to be used for specific purposes, for the diagnosis, treatment or prevention of COVID-19 after 4 January 2021;

| 1. | Declares that it has no objections to the draft Commission regulation; |
| --- | --- |

1.

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

2.

---

(1)  OJ L 396, 30.12.2006, p. 1.

(2)  OJ L 184, 17.7.1999, p. 23.

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/184 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/184

---

P9_TA(2020)0351

Non-objection to an implementing measure: International Accounting Standard 39 and International Financial Reporting Standards 4, 7, 9 and 16

European Parliament decision to raise no objections to the draft Commission regulation amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Accounting Standard 39 and International Financial Reporting Standards 4, 7, 9 and 16 (D069602/01 — 2020/2851(RPS))

(2021/C 445/23)

The European Parliament,

| — | having regard to the draft Commission Regulation (D069602/01, |
| --- | --- |

—

having regard to the draft Commission Regulation (D069602/01,

| — | having regard to Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (1), and in particular Article 3(1) thereof, |
| --- | --- |

—

having regard to Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (1), and in particular Article 3(1) thereof,

| — | having regard to the opinion delivered on 26 October 2020 by the accounting regulatory committee referred to in Article 6(1) of Regulation (EC) No 1606/2002, |
| --- | --- |

—

having regard to the opinion delivered on 26 October 2020 by the accounting regulatory committee referred to in Article 6(1) of Regulation (EC) No 1606/2002,

| — | having regard to the Commission’s letter of 28 October 2020 asking Parliament to declare that it will raise no objections to the draft regulation, |
| --- | --- |

—

having regard to the Commission’s letter of 28 October 2020 asking Parliament to declare that it will raise no objections to the draft regulation,

| — | having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 2 December 2020, |
| --- | --- |

—

having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 2 December 2020,

| — | having regard to Article 5a of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2), |
| --- | --- |

—

having regard to Article 5a of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2),

| — | having regard to Rule 112(4)(d) and Rule 111(6) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 112(4)(d) and Rule 111(6) of its Rules of Procedure,

| — | having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs, |
| --- | --- |

—

having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

| — | having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 15 December 2020, |
| --- | --- |

—

having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 15 December 2020,

| A. | whereas the International Accounting Standards Board (IASB) issued on 27 August 2020 amendments to International Accounting Standard (IAS) 39, and to International Financial Reporting Standards (IFRS) 4, 7, 9, and 16; whereas those amendments aim to provide a general relief in view of the ‘phase 2’ Interbank offered rate (IBOR) replacement; whereas the proposed amendments deal with the financial reporting consequences resulting from the actual replacement of the interest rate benchmark on modifications of financial instruments (value changes) and hedge accounting and prevent undesirable accounting impacts on the valuation (or de-recognition) of financial instruments and lease contracts, and the discontinuation of hedging relationships due to a regulatory-driven replacement of the benchmark rates; whereas without the proposed amendments, companies might have to recognise immediately value changes in profit or loss, or discontinue hedging relationships even though they did not change their risk management strategy; whereas the Commission urged the IASB to speed up the issuance of the proposed amendments in order for the Union to endorse the amendments in a timely manner; |
| --- | --- |

A.

whereas the International Accounting Standards Board (IASB) issued on 27 August 2020 amendments to International Accounting Standard (IAS) 39, and to International Financial Reporting Standards (IFRS) 4, 7, 9, and 16; whereas those amendments aim to provide a general relief in view of the ‘phase 2’ Interbank offered rate (IBOR) replacement; whereas the proposed amendments deal with the financial reporting consequences resulting from the actual replacement of the interest rate benchmark on modifications of financial instruments (value changes) and hedge accounting and prevent undesirable accounting impacts on the valuation (or de-recognition) of financial instruments and lease contracts, and the discontinuation of hedging relationships due to a regulatory-driven replacement of the benchmark rates; whereas without the proposed amendments, companies might have to recognise immediately value changes in profit or loss, or discontinue hedging relationships even though they did not change their risk management strategy; whereas the Commission urged the IASB to speed up the issuance of the proposed amendments in order for the Union to endorse the amendments in a timely manner;

| B. | whereas the European Financial Reporting Advisory Group (EFRAG) provided the Commission on 14 September 2020 with positive endorsement advice; |
| --- | --- |

B.

whereas the European Financial Reporting Advisory Group (EFRAG) provided the Commission on 14 September 2020 with positive endorsement advice;

| C. | whereas the Commission concluded that the interpretation meets the technical criteria for adoption as required by Article 3(2) of Regulation (EC) No 1606/2002 and maintains that the proposed amendments would avoid a discontinuation of hedging relationships as a result of uncertainties related to the IBOR transition so that financial statements according to IFRS can properly depict the impact of risk management and prevent undue volatility in profit or loss; |
| --- | --- |

C.

whereas the Commission concluded that the interpretation meets the technical criteria for adoption as required by Article 3(2) of Regulation (EC) No 1606/2002 and maintains that the proposed amendments would avoid a discontinuation of hedging relationships as a result of uncertainties related to the IBOR transition so that financial statements according to IFRS can properly depict the impact of risk management and prevent undue volatility in profit or loss;

| D. | whereas the IASB set the effective date for the amendments as of 1 January 2021 with earlier application permitted; whereas financial institutions subject to IFRS and IAS accounting cannot use for their 2020 financial statements the treatment under the proposed amendments before their endorsement and publication; whereas Union companies would be placed at a disadvantage compared to their competitors in other jurisdictions if they were not in a position to make use of the relief provided by the amendments; whereas therefore the proposed amendments should be endorsed and published before the end of December 2020 in order to be applicable for financial periods starting on, after or before 1 January 2021; |
| --- | --- |

D.

whereas the IASB set the effective date for the amendments as of 1 January 2021 with earlier application permitted; whereas financial institutions subject to IFRS and IAS accounting cannot use for their 2020 financial statements the treatment under the proposed amendments before their endorsement and publication; whereas Union companies would be placed at a disadvantage compared to their competitors in other jurisdictions if they were not in a position to make use of the relief provided by the amendments; whereas therefore the proposed amendments should be endorsed and published before the end of December 2020 in order to be applicable for financial periods starting on, after or before 1 January 2021;

| 1. | Declares that it has no objections to the draft Commission regulation; |
| --- | --- |

1.

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

2.

---

(1)  OJ L 243, 11.9.2002, p. 1.

(2)  OJ L 184, 17.7.1999, p. 23.

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Wednesday 16 December 2020

| 29.10.2021 | EN | Official Journal of the European Union | C 445/186 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/186

---

P9_TA(2020)0358

Interinstitutional Agreement on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources

European Parliament decision of 16 December 2020 on the conclusion of an Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (2018/2070(ACI))

(2021/C 445/24)

The European Parliament,

| — | having regard to the Commission proposal of 2 May 2018 for an Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (COM(2018)0323) and the amended proposal (COM(2020)0444), |
| --- | --- |

—

having regard to the Commission proposal of 2 May 2018 for an Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (COM(2018)0323) and the amended proposal (COM(2020)0444),

| — | having regard to the draft interinstitutional agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap for the introduction of new own resources, |
| --- | --- |

—

having regard to the draft interinstitutional agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap for the introduction of new own resources,

| — | having regard to Articles 295, 310, 311, 312, 323 and 324 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 295, 310, 311, 312, 323 and 324 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the Paris Agreement adopted at the twenty-first session of the Conference of the Parties (COP21) to the United Nations Framework Convention on Climate Change, held in Paris, in December 2015, |
| --- | --- |

—

having regard to the Paris Agreement adopted at the twenty-first session of the Conference of the Parties (COP21) to the United Nations Framework Convention on Climate Change, held in Paris, in December 2015,

| — | having regard to its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 — Parliament’s position with a view to an agreement (1), |
| --- | --- |

—

having regard to its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 — Parliament’s position with a view to an agreement (1),

| — | having regard to its resolution of 10 October 2019 on the 2021-2027 multiannual financial framework and own resources: time to meet citizens’ expectations (2), |
| --- | --- |

—

having regard to its resolution of 10 October 2019 on the 2021-2027 multiannual financial framework and own resources: time to meet citizens’ expectations (2),

| — | having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (3), |
| --- | --- |

—

having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (3),

| — | having regard to its resolution of 15 May 2020 on the new multiannual financial framework, own resources and the recovery plan (4), |
| --- | --- |

—

having regard to its resolution of 15 May 2020 on the new multiannual financial framework, own resources and the recovery plan (4),

| — | having regard to the conclusions of the European Council adopted on 21 July 2020, |
| --- | --- |

—

having regard to the conclusions of the European Council adopted on 21 July 2020,

| — | having regard to its resolution of 23 July 2020 on the conclusions of the extraordinary European Council meeting of 17-21 July 2020 (5), |
| --- | --- |

—

having regard to its resolution of 23 July 2020 on the conclusions of the extraordinary European Council meeting of 17-21 July 2020 (5),

| — | having regard to its legislative resolution of 16 September 2020 on the draft Council decision on the system of own resources of the European Union (6), |
| --- | --- |

—

having regard to its legislative resolution of 16 September 2020 on the draft Council decision on the system of own resources of the European Union (6),

| — | having regard to Rule 148(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 148(1) of its Rules of Procedure,

| — | having regard to the letter from the Committee on Budgets, |
| --- | --- |

—

having regard to the letter from the Committee on Budgets,

| — | having regard to the report of the Committee on Constitutional Affairs (A9-0261/2020), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs (A9-0261/2020),

| A. | Whereas it is appropriate to adopt, in the context of the multiannual financial framework (MFF), an interinstitutional agreement setting out provisions for its implementation; |
| --- | --- |

A.

Whereas it is appropriate to adopt, in the context of the multiannual financial framework (MFF), an interinstitutional agreement setting out provisions for its implementation;

| B. | Whereas an overall political agreement was reached on 10 November 2020 between representatives of the European Parliament, the Council and the Commission on the MFF for 2021-2027, on own resources and on the European Recovery Instrument (Next Generation EU(NGEU)); |
| --- | --- |

B.

Whereas an overall political agreement was reached on 10 November 2020 between representatives of the European Parliament, the Council and the Commission on the MFF for 2021-2027, on own resources and on the European Recovery Instrument (Next Generation EU(NGEU));

| C. | Whereas such political agreement includes a renewed Interinstitutional Agreement on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (‘the IIA’); |
| --- | --- |

C.

Whereas such political agreement includes a renewed Interinstitutional Agreement on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (‘the IIA’);

| D. | Whereas, furthermore, a political agreement was reached on 5 November 2020 on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States; |
| --- | --- |

D.

Whereas, furthermore, a political agreement was reached on 5 November 2020 on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States;

| E. | Whereas this new agreement will replace the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (7); |
| --- | --- |

E.

Whereas this new agreement will replace the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (7);

| F. | Whereas the implementation of the budgetary discipline and cooperation between the institutions on budgetary matters and sound financial management requires the Council to share necessary information with Parliament in the framework of the discharge procedure concerning the European Council and the Council, so as to ensure that Parliament has the necessary information on how the Council is implementing its budget, either directly or via the Commission; |
| --- | --- |

F.

Whereas the implementation of the budgetary discipline and cooperation between the institutions on budgetary matters and sound financial management requires the Council to share necessary information with Parliament in the framework of the discharge procedure concerning the European Council and the Council, so as to ensure that Parliament has the necessary information on how the Council is implementing its budget, either directly or via the Commission;

| G. | Whereas the new agreement contains important new elements in particular a roadmap for the introduction of new own resources during the next seven years, provisions on enhanced budgetary scrutiny of the spending of NGEU funding and arrangements to monitor spending on climate and biodiversity objectives and on gender equality and mainstreaming; |
| --- | --- |

G.

Whereas the new agreement contains important new elements in particular a roadmap for the introduction of new own resources during the next seven years, provisions on enhanced budgetary scrutiny of the spending of NGEU funding and arrangements to monitor spending on climate and biodiversity objectives and on gender equality and mainstreaming;

| H. | Whereas the IIA contains for the first time provisions on the own resources of the European Union, namely a new Annex setting out a roadmap towards the introduction of new own resources over the MFF period 2021-2027 that will be sufficient to cover the interests and repayment costs of the European Union Recovery Instrument (NGEU); whereas the roadmap adds credibility and sustainability to the amendment to the Own Resources decision ensuring that the own resources ceilings are sufficiently high to be able to cover the Union's liability, in accordance with the principle of budgetary discipline within the meaning of Article 310(4) TFEU; whereas revenue from own resources in excess of the needs for repayment will continue to fund the Union budget as general revenue in line with the principle of universality; whereas the roadmap does not preclude further proposals for new own resources during the financial period 2021-2027; |
| --- | --- |

H.

Whereas the IIA contains for the first time provisions on the own resources of the European Union, namely a new Annex setting out a roadmap towards the introduction of new own resources over the MFF period 2021-2027 that will be sufficient to cover the interests and repayment costs of the European Union Recovery Instrument (NGEU); whereas the roadmap adds credibility and sustainability to the amendment to the Own Resources decision ensuring that the own resources ceilings are sufficiently high to be able to cover the Union's liability, in accordance with the principle of budgetary discipline within the meaning of Article 310(4) TFEU; whereas revenue from own resources in excess of the needs for repayment will continue to fund the Union budget as general revenue in line with the principle of universality; whereas the roadmap does not preclude further proposals for new own resources during the financial period 2021-2027;

| I. | Whereas the IIA contains a new part on cooperation as regards the European Union Recovery Instrument (NGEU) that aims to ensure appropriate involvement of the budgetary authority in the governance of external assigned revenue under NGEU; whereas that part refers to a new Joint declaration on budgetary scrutiny of new proposals based on Article 122 TFEU with potential appreciable implications for the Union budget; |
| --- | --- |

I.

Whereas the IIA contains a new part on cooperation as regards the European Union Recovery Instrument (NGEU) that aims to ensure appropriate involvement of the budgetary authority in the governance of external assigned revenue under NGEU; whereas that part refers to a new Joint declaration on budgetary scrutiny of new proposals based on Article 122 TFEU with potential appreciable implications for the Union budget;

| J. | Whereas the agreement provides for the monitoring of spending across Union programmes on climate and biodiversity objectives, gender equality and the United Nations Sustainable Development Goals; whereas the IIA contains significant improvements concerning the design and implementation of methodologies for tracking the climate spending target of 30 % of the overall Union budget and the European Union Recovery Instrument expenditures, for developing a new MFF biodiversity annual spending target of 7,5 % from 2024 and 10 % in 2026 and 2027, and for measuring gender expenditure, including the promotion of gender mainstreaming; |
| --- | --- |

J.

Whereas the agreement provides for the monitoring of spending across Union programmes on climate and biodiversity objectives, gender equality and the United Nations Sustainable Development Goals; whereas the IIA contains significant improvements concerning the design and implementation of methodologies for tracking the climate spending target of 30 % of the overall Union budget and the European Union Recovery Instrument expenditures, for developing a new MFF biodiversity annual spending target of 7,5 % from 2024 and 10 % in 2026 and 2027, and for measuring gender expenditure, including the promotion of gender mainstreaming;

| K. | Whereas the IIA contains a new part on the quality and comparability of data on beneficiaries that aims to introduce standardised measures for the collection, comparison and aggregation of information and figures on the final beneficiaries of Union funding; |
| --- | --- |

K.

Whereas the IIA contains a new part on the quality and comparability of data on beneficiaries that aims to introduce standardised measures for the collection, comparison and aggregation of information and figures on the final beneficiaries of Union funding;

| L. | Whereas the IIA is understood to be horizontal in application and does not preclude the co-legislators from agreeing, within the scope of a specific regulation, to additional measures to improve the quality and comparability of data, particularly as regards direct management programmes, or to further improve the involvement of the budgetary authority in the governance of external assigned revenue; |
| --- | --- |

L.

Whereas the IIA is understood to be horizontal in application and does not preclude the co-legislators from agreeing, within the scope of a specific regulation, to additional measures to improve the quality and comparability of data, particularly as regards direct management programmes, or to further improve the involvement of the budgetary authority in the governance of external assigned revenue;

| M. | Whereas the IIA includes for the first time provisions relating to cooperation and dialogue on the part of the institutions during the negotiations on the MFF, with the aim of operationalising the treaty requirements according to which the institutions are to take any measure necessary to facilitate the adoption of an MFF and to promote consultation and the reconciliation of their positions on budgetary matters; |
| --- | --- |

M.

Whereas the IIA includes for the first time provisions relating to cooperation and dialogue on the part of the institutions during the negotiations on the MFF, with the aim of operationalising the treaty requirements according to which the institutions are to take any measure necessary to facilitate the adoption of an MFF and to promote consultation and the reconciliation of their positions on budgetary matters;

| N. | Whereas the IIA safeguards existing provisions and includes new arrangements on the mobilisation of special instruments, namely the European Globalisation Adjustment Fund, the Solidarity and Emergency Aid Reserve, the Brexit Adjustment Reserve, the Single Margin Instrument and the Flexibility Instrument; |
| --- | --- |

N.

Whereas the IIA safeguards existing provisions and includes new arrangements on the mobilisation of special instruments, namely the European Globalisation Adjustment Fund, the Solidarity and Emergency Aid Reserve, the Brexit Adjustment Reserve, the Single Margin Instrument and the Flexibility Instrument;

| O. | Whereas the IIA provides for further targeted adjustments on the transparency of programming and forecasts; |
| --- | --- |

O.

Whereas the IIA provides for further targeted adjustments on the transparency of programming and forecasts;

| P. | Whereas the European Union Recovery Instrument includes a new Recovery and Resilience Facility; whereas it is appropriate, in the context of the political agreement reached on the European Union Recovery Instrument and the involvement of the budgetary authority in the governance of external assigned revenue under this instrument, to recall the need for an objective, fair and transparent legal framework for the selection of the projects that will be funded under the Recovery and Resilience Facility, as well as to highlight the role of regional and local authorities in helping to achieve a recovery that is symmetrical not only between Member States but also between regions. |
| --- | --- |

P.

Whereas the European Union Recovery Instrument includes a new Recovery and Resilience Facility; whereas it is appropriate, in the context of the political agreement reached on the European Union Recovery Instrument and the involvement of the budgetary authority in the governance of external assigned revenue under this instrument, to recall the need for an objective, fair and transparent legal framework for the selection of the projects that will be funded under the Recovery and Resilience Facility, as well as to highlight the role of regional and local authorities in helping to achieve a recovery that is symmetrical not only between Member States but also between regions.

| 1. | Approves the conclusion of the agreement annexed hereto; |
| --- | --- |

1.

| 2. | Instructs its President to sign the agreement with the President of the Council and the President of the Commission and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

2.

| 3. | Instructs its President to forward this decision, including its annex, to the Council and the Commission for information. |
| --- | --- |

3.

---

(1)  OJ C 363, 28.10.2020, p. 179.

(2)  Texts adopted, P9_TA(2019)0032.

(3)  Texts adopted, P9_TA(2020)0054.

(4)  Texts adopted, P9_TA(2020)0124.

(5)  Texts adopted, P9_TA(2020)0206.

(6)  Texts adopted, P9_TA(2020)0220.

(7)  OJ C 373, 20.12.2013, p. 1.

---

ANNEX

INTERINSTITUTIONAL AGREEMENT BETWEEN THE EUROPEAN PARLIAMENT, THE COUNCIL OF THE EUROPEAN UNION AND THE EUROPEAN COMMISSION ON BUDGETARY DISCIPLINE, ON COOPERATION IN BUDGETARY MATTERS AND ON SOUND FINANCIAL MANAGEMENT, AS WELL AS ON NEW OWN RESOURCES, INCLUDING A ROADMAP TOWARDS THE INTRODUCTION OF NEW OWN RESOURCES

THE EUROPEAN PARLIAMENT, THE COUNCIL OF THE EUROPEAN UNION AND THE EUROPEAN COMMISSION,

hereinafter referred to as the ‘Institutions’,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 295 thereof,

HAVE AGREED AS FOLLOWS:

1.

The purpose of this Agreement is to implement budgetary discipline, to improve the functioning of the annual budgetary procedure and cooperation between the Institutions on budgetary matters as well as to ensure sound financial management, and to implement a cooperation and establish a roadmap towards the introduction, over the period of the multiannual financial framework 2021-2027 (‘MFF 2021-2027’), of new own resources that are sufficient to cover the repayment of the European Union Recovery Instrument established under Council Regulation (EU) 2020/... (1) (*1) (the ‘EURI Regulation’).

2.

Budgetary discipline as referred to in this Agreement covers all expenditure. This Agreement is binding on the Institutions for as long as it is in force. The Annexes to this Agreement form an integral part thereof.

3.

This Agreement does not alter the respective budgetary and legislative powers of the Institutions as laid down in the Treaties, in Council Regulation (EU, Euratom) 2020/... (2) (*2) (the ‘MFF Regulation’), in Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (3) (the ‘Financial Regulation’) and in Council Decision (EU, Euratom) 2020/... (4) (*3) (the ‘Own Resources Decision’), and is without prejudice to the powers of national parliaments in respect of own resources.

4.

Any amendment of this Agreement requires the common agreement of the Institutions.

5.

| — | Part I contains provisions related to the multiannual financial framework (MFF) and to the thematic and non-thematic special instruments; |
| --- | --- |

—

Part I contains provisions related to the multiannual financial framework (MFF) and to the thematic and non-thematic special instruments;

| — | Part II relates to interinstitutional cooperation in budgetary matters; |
| --- | --- |

—

Part II relates to interinstitutional cooperation in budgetary matters;

| — | Part III contains provisions related to the sound financial management of Union funds; |
| --- | --- |

—

Part III contains provisions related to the sound financial management of Union funds;

| — | Part IV contains provisions related to the quality and comparability of data on beneficiaries in the context of the protection of the Union budget. |
| --- | --- |

—

Part IV contains provisions related to the quality and comparability of data on beneficiaries in the context of the protection of the Union budget.

6.

This Agreement enters into force on ... (*4) and replaces the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (5).

PART I

MFF AND SPECIAL INSTRUMENTS

A.   PROVISIONS RELATED TO THE MFF

| 7. | The Institutions shall, for the purposes of sound financial management, ensure as far as possible during the budgetary procedure and at the time the general budget of the Union is adopted that sufficient margins are left available beneath the ceilings for the various headings of the MFF, except for the sub-heading ‘Economic, social and territorial cohesion’. |
| --- | --- |

7.

The Institutions shall, for the purposes of sound financial management, ensure as far as possible during the budgetary procedure and at the time the general budget of the Union is adopted that sufficient margins are left available beneath the ceilings for the various headings of the MFF, except for the sub-heading ‘Economic, social and territorial cohesion’.

Updating of forecasts for payment appropriations

| 8. | Every year, the Commission shall update the forecasts for payment appropriations for the period at least until 2027. That update shall take into account all relevant information, including the real implementation of budget appropriations for commitments and budget appropriations for payments, as well as the implementation forecasts. It shall also consider the rules designed to ensure that payment appropriations develop in an orderly manner compared to commitment appropriations and to the growth forecasts of the Union's gross national income (GNI). |
| --- | --- |

8.

Every year, the Commission shall update the forecasts for payment appropriations for the period at least until 2027. That update shall take into account all relevant information, including the real implementation of budget appropriations for commitments and budget appropriations for payments, as well as the implementation forecasts. It shall also consider the rules designed to ensure that payment appropriations develop in an orderly manner compared to commitment appropriations and to the growth forecasts of the Union's gross national income (GNI).

B.   PROVISIONS RELATED TO THE THEMATIC AND NON-THEMATIC SPECIAL INSTRUMENTS

European Globalisation Adjustment Fund

| 9. | Where the conditions for mobilising the European Globalisation Adjustment Fund set out in the relevant basic act are met, the Commission shall submit a proposal to mobilise it, and the decision to mobilise the European Globalisation Adjustment Fund shall be taken jointly by the European Parliament and by the Council.
  At the same time as it presents its proposal for a decision to mobilise the European Globalisation Adjustment Fund, the Commission shall present a proposal to the European Parliament and to the Council for a transfer to the relevant budget lines.
  Transfers related to the European Globalisation Adjustment Fund shall be made in accordance with the Financial Regulation. |
| --- | --- |

9.

Where the conditions for mobilising the European Globalisation Adjustment Fund set out in the relevant basic act are met, the Commission shall submit a proposal to mobilise it, and the decision to mobilise the European Globalisation Adjustment Fund shall be taken jointly by the European Parliament and by the Council.

At the same time as it presents its proposal for a decision to mobilise the European Globalisation Adjustment Fund, the Commission shall present a proposal to the European Parliament and to the Council for a transfer to the relevant budget lines.

Transfers related to the European Globalisation Adjustment Fund shall be made in accordance with the Financial Regulation.

Solidarity and Emergency Aid Reserve

| 10. | Where the Commission considers that the conditions for mobilising the Solidarity and Emergency Aid Reserve are met, it shall submit a proposal to the European Parliament and to the Council for a transfer from that Reserve to the corresponding budget lines in accordance with the Financial Regulation.
  The decision to mobilise amounts under point (a) of Article 9(1) of the MFF Regulation shall be taken jointly by the European Parliament and by the Council on a proposal from the Commission in accordance with the relevant basic act.
  Before making any proposal for a transfer from the Solidarity and Emergency Aid Reserve for assistance under point (b) of Article 9(1) of the MFF Regulation, the Commission shall examine the scope for reallocating appropriations. |
| --- | --- |

10.

Where the Commission considers that the conditions for mobilising the Solidarity and Emergency Aid Reserve are met, it shall submit a proposal to the European Parliament and to the Council for a transfer from that Reserve to the corresponding budget lines in accordance with the Financial Regulation.

The decision to mobilise amounts under point (a) of Article 9(1) of the MFF Regulation shall be taken jointly by the European Parliament and by the Council on a proposal from the Commission in accordance with the relevant basic act.

Before making any proposal for a transfer from the Solidarity and Emergency Aid Reserve for assistance under point (b) of Article 9(1) of the MFF Regulation, the Commission shall examine the scope for reallocating appropriations.

Brexit Adjustment Reserve

| 11. | Where the conditions for mobilising the Brexit Adjustment Reserve set out in the relevant instrument are met, the Commission shall submit a proposal to the European Parliament and to the Council for a transfer to the relevant budget lines.
  Transfers related to the Brexit Adjustment Reserve shall be made in accordance with the Financial Regulation.
  Single Margin Instrument |
| --- | --- |

11.

Where the conditions for mobilising the Brexit Adjustment Reserve set out in the relevant instrument are met, the Commission shall submit a proposal to the European Parliament and to the Council for a transfer to the relevant budget lines.

Transfers related to the Brexit Adjustment Reserve shall be made in accordance with the Financial Regulation.

Single Margin Instrument

| 12. | The Commission may propose to mobilise the amounts corresponding to all or a part of the margins referred to in points (a) and (c) of the first subparagraph of Article 11(1) of the MFF Regulation, in relation to a draft budget or a draft amending budget. The mobilisation of any amounts referred to in point (c) of the first subparagraph of Article 11(1) of that Regulation shall be proposed by the Commission after a thorough analysis of all other financial possibilities.
  Those amounts may be mobilised by the European Parliament and by the Council in the framework of the budgetary procedure set out in Article 314 of the Treaty on the Functioning of the European Union (TFEU). |
| --- | --- |

12.

The Commission may propose to mobilise the amounts corresponding to all or a part of the margins referred to in points (a) and (c) of the first subparagraph of Article 11(1) of the MFF Regulation, in relation to a draft budget or a draft amending budget. The mobilisation of any amounts referred to in point (c) of the first subparagraph of Article 11(1) of that Regulation shall be proposed by the Commission after a thorough analysis of all other financial possibilities.

Those amounts may be mobilised by the European Parliament and by the Council in the framework of the budgetary procedure set out in Article 314 of the Treaty on the Functioning of the European Union (TFEU).

Flexibility Instrument

| 13. | The Commission shall submit a proposal for the mobilisation of the Flexibility Instrument after it has examined all possibilities for reallocating appropriations under the heading requiring additional expenditure. |
| --- | --- |

13.

The Commission shall submit a proposal for the mobilisation of the Flexibility Instrument after it has examined all possibilities for reallocating appropriations under the heading requiring additional expenditure.

That proposal shall identify the needs to be covered and the amount. Such a proposal may be made in relation to a draft budget or a draft amending budget.

The Flexibility Instrument may be mobilised by the European Parliament and by the Council in the framework of the budgetary procedure set out in Article 314 TFEU.

PART II

IMPROVEMENT OF INTERINSTITUTIONAL COOPERATION IN BUDGETARY MATTERS

A.   INTERINSTITUTIONAL COOPERATION PROCEDURE

| 14. | The details of interinstitutional cooperation during the budgetary procedure are set out in Annex I. |
| --- | --- |

14.

The details of interinstitutional cooperation during the budgetary procedure are set out in Annex I.

| 15. | In line with Article 312(5) TFEU, the Institutions shall take any measure necessary to facilitate the adoption of a new MFF or a revision thereof, in accordance with the special legislative procedure referred to in Article 312(2) of the TFEU. Such measures will include regular meetings and exchange of information between the European Parliament and the Council and, on the initiative of the Commission, meetings of the Presidents of the Institutions as set out in Article 324 TFEU in order to promote consultation and the reconciliation of the positions of the Institutions. Where a proposal for a new MFF or for a substantial revision has been presented, the Institutions will seek to determine specific arrangements for cooperation and dialogue between them throughout the procedure leading to its adoption. |
| --- | --- |

15.

In line with Article 312(5) TFEU, the Institutions shall take any measure necessary to facilitate the adoption of a new MFF or a revision thereof, in accordance with the special legislative procedure referred to in Article 312(2) of the TFEU. Such measures will include regular meetings and exchange of information between the European Parliament and the Council and, on the initiative of the Commission, meetings of the Presidents of the Institutions as set out in Article 324 TFEU in order to promote consultation and the reconciliation of the positions of the Institutions. Where a proposal for a new MFF or for a substantial revision has been presented, the Institutions will seek to determine specific arrangements for cooperation and dialogue between them throughout the procedure leading to its adoption.

Budgetary transparency

| 16. | The Commission shall prepare an annual report to accompany the general budget of the Union, bringing together available non-confidential information relating to:






  (a) | the assets and liabilities of the Union, including those arising from borrowing and lending operations carried out by the Union in accordance with its powers under the Treaties; |
| --- | --- | --- |

16.

The Commission shall prepare an annual report to accompany the general budget of the Union, bringing together available non-confidential information relating to:

(a)

the assets and liabilities of the Union, including those arising from borrowing and lending operations carried out by the Union in accordance with its powers under the Treaties;

| (b) | the revenue, expenditure, assets and liabilities of the European Development Fund (6), the European Financial Stability Facility, the European Stability Mechanism, and other possible future mechanisms; |
| --- | --- |

(b)

the revenue, expenditure, assets and liabilities of the European Development Fund (6), the European Financial Stability Facility, the European Stability Mechanism, and other possible future mechanisms;

6

| (c) | the expenditure incurred by Member States in the framework of enhanced cooperation, to the extent that it is not included in the general budget of the Union; |
| --- | --- |

(c)

the expenditure incurred by Member States in the framework of enhanced cooperation, to the extent that it is not included in the general budget of the Union;

| (d) | climate expenditure, on the basis of an effective methodology set out by the Commission and, where relevant, in accordance with sectoral legislation, for monitoring climate spending and its performance with a view to achieving an overall target of at least 30 % of the total amount of the Union budget and the European Union Recovery Instrument expenditures supporting climate objectives, taking into consideration the effects of the phasing out of the funding under the European Union Recovery Instrument and differentiating between climate change mitigation and adaptation, where feasible.
  Where there is insufficient progress towards the climate spending target in one or more of the relevant programmes, the Institutions, in accordance with their responsibilities and the relevant legislation, will consult each other on appropriate measures to be taken to ensure that Union spending on climate objectives over the entire MFF 2021-2027 corresponds to at least 30 % of the total amount of the Union budget and the European Union Recovery Instrument expenditures; |
| --- | --- |

(d)

climate expenditure, on the basis of an effective methodology set out by the Commission and, where relevant, in accordance with sectoral legislation, for monitoring climate spending and its performance with a view to achieving an overall target of at least 30 % of the total amount of the Union budget and the European Union Recovery Instrument expenditures supporting climate objectives, taking into consideration the effects of the phasing out of the funding under the European Union Recovery Instrument and differentiating between climate change mitigation and adaptation, where feasible.

Where there is insufficient progress towards the climate spending target in one or more of the relevant programmes, the Institutions, in accordance with their responsibilities and the relevant legislation, will consult each other on appropriate measures to be taken to ensure that Union spending on climate objectives over the entire MFF 2021-2027 corresponds to at least 30 % of the total amount of the Union budget and the European Union Recovery Instrument expenditures;

| (e) | expenditure contributing to halting and reversing the decline of biodiversity, on the basis of an effective, transparent and comprehensive methodology set out by the Commission, in cooperation with the European Parliament and with the Council, and, where relevant, in accordance with sectoral legislation, with a view to working towards the ambition of providing 7,5 % in 2024 and 10 % in 2026 and in 2027 of annual spending under the MFF to biodiversity objectives, while considering the existing overlaps between climate and biodiversity goals; |
| --- | --- |

(e)

expenditure contributing to halting and reversing the decline of biodiversity, on the basis of an effective, transparent and comprehensive methodology set out by the Commission, in cooperation with the European Parliament and with the Council, and, where relevant, in accordance with sectoral legislation, with a view to working towards the ambition of providing 7,5 % in 2024 and 10 % in 2026 and in 2027 of annual spending under the MFF to biodiversity objectives, while considering the existing overlaps between climate and biodiversity goals;

| (f) | the promotion of equality between women and men as well as rights and equal opportunities for all throughout the implementation and monitoring of the relevant programmes, and the mainstreaming of those objectives as well as gender mainstreaming, including by strengthening the assessment of gender impact in impact assessments and evaluations under the Better Law-Making framework. The Commission will examine how to develop a methodology to measure the relevant expenditure at programme level in the MFF 2021-2027. The Commission will use that methodology as soon as it is available. No later than 1 January 2023, the Commission will implement that methodology for certain centrally managed programmes to test its feasibility. At mid-term, it will be explored whether the methodology can be extended to other programmes for the remainder of the MFF 2021-2027; |
| --- | --- |

(f)

the promotion of equality between women and men as well as rights and equal opportunities for all throughout the implementation and monitoring of the relevant programmes, and the mainstreaming of those objectives as well as gender mainstreaming, including by strengthening the assessment of gender impact in impact assessments and evaluations under the Better Law-Making framework. The Commission will examine how to develop a methodology to measure the relevant expenditure at programme level in the MFF 2021-2027. The Commission will use that methodology as soon as it is available. No later than 1 January 2023, the Commission will implement that methodology for certain centrally managed programmes to test its feasibility. At mid-term, it will be explored whether the methodology can be extended to other programmes for the remainder of the MFF 2021-2027;

| (g) | the implementation of the United Nations Sustainable Development Goals in all relevant Union programmes of the MFF 2021-2027. |
| --- | --- |

(g)

the implementation of the United Nations Sustainable Development Goals in all relevant Union programmes of the MFF 2021-2027.

The effective methodologies referred to in points (d) and (e) of the first paragraph will, as far as possible include a reference to the contribution of the Union budget to the European Green Deal, which includes the ‘do no harm’ principle.

The effective methodology referred to in point (d) of the first paragraph will be transparent, comprehensive, result-oriented and performance-based, will include annual consultation by the Commission of the European Parliament and of the Council, and will identify relevant measures to be taken in case of insufficient progress towards achieving applicable targets.

None of the methodologies referred to in this point should lead to an excessive administrative burden on project holders or on beneficiaries.

| 17. | The Commission shall prepare an annual report on the implementation of the European Union Recovery Instrument. That annual report shall bring together available non-confidential information relating to:






  — | assets and liabilities arising from borrowing and lending operations carried out under Article 5 of the Own Resources Decision; |
| --- | --- | --- |

17.

The Commission shall prepare an annual report on the implementation of the European Union Recovery Instrument. That annual report shall bring together available non-confidential information relating to:

—

assets and liabilities arising from borrowing and lending operations carried out under Article 5 of the Own Resources Decision;

| — | the aggregate amount of proceeds assigned to Union programmes in implementation of the European Union Recovery Instrument in the previous year, broken down by programme and budget line; |
| --- | --- |

—

the aggregate amount of proceeds assigned to Union programmes in implementation of the European Union Recovery Instrument in the previous year, broken down by programme and budget line;

| — | the contribution of the borrowed funds to the achievements of the objectives of the European Union Recovery Instrument and the specific Union programmes. |
| --- | --- |

—

the contribution of the borrowed funds to the achievements of the objectives of the European Union Recovery Instrument and the specific Union programmes.

B.   INCORPORATION OF FINANCIAL PROVISIONS IN LEGISLATIVE ACTS

| 18. | Each legislative act, concerning a multiannual programme, adopted in accordance with the ordinary legislative procedure shall contain a provision in which the legislator lays down the financial envelope for the programme.
  That amount shall constitute the prime reference amount for the European Parliament and for the Council during the annual budgetary procedure.
  For programmes referred to in Annex II to the MFF Regulation, the prime reference amount is automatically increased by the additional allocations referred to in Article 5(1) of the MFF Regulation.
  The European Parliament and the Council, and the Commission when it draws up the draft budget, undertake not to depart by more than 15 % from that amount for the entire duration of the programme concerned, unless new, objective, long-term circumstances arise for which explicit and precise reasons are given, with account being taken of the results obtained from implementing the programme, in particular on the basis of assessments. Any increase resulting from such variation shall remain beneath the existing ceiling for the heading concerned, without prejudice to the use of instruments referred to in the MFF Regulation and in this Agreement.
  The fourth paragraph does not apply to the additional allocations referred to in the third paragraph.
  This point does not apply to appropriations for cohesion adopted in accordance with the ordinary legislative procedure and pre-allocated per Member State which contain a financial envelope for the entire duration of the programme or to the large-scale projects referred to in Article 18 of the MFF Regulation. |
| --- | --- |

18.

Each legislative act, concerning a multiannual programme, adopted in accordance with the ordinary legislative procedure shall contain a provision in which the legislator lays down the financial envelope for the programme.

That amount shall constitute the prime reference amount for the European Parliament and for the Council during the annual budgetary procedure.

For programmes referred to in Annex II to the MFF Regulation, the prime reference amount is automatically increased by the additional allocations referred to in Article 5(1) of the MFF Regulation.

The European Parliament and the Council, and the Commission when it draws up the draft budget, undertake not to depart by more than 15 % from that amount for the entire duration of the programme concerned, unless new, objective, long-term circumstances arise for which explicit and precise reasons are given, with account being taken of the results obtained from implementing the programme, in particular on the basis of assessments. Any increase resulting from such variation shall remain beneath the existing ceiling for the heading concerned, without prejudice to the use of instruments referred to in the MFF Regulation and in this Agreement.

The fourth paragraph does not apply to the additional allocations referred to in the third paragraph.

This point does not apply to appropriations for cohesion adopted in accordance with the ordinary legislative procedure and pre-allocated per Member State which contain a financial envelope for the entire duration of the programme or to the large-scale projects referred to in Article 18 of the MFF Regulation.

| 19. | Legally binding Union acts concerning multiannual programmes that are not adopted in accordance with the ordinary legislative procedure shall not contain an ‘amount deemed necessary’.
  Should the Council wish to include a financial reference amount, that amount shall be taken as illustrating the will of the legislator and shall not affect the budgetary powers of the European Parliament and of the Council as set out in the TFEU. A provision to that effect shall be included in all legally binding Union acts which contain such a financial reference amount. |
| --- | --- |

19.

Legally binding Union acts concerning multiannual programmes that are not adopted in accordance with the ordinary legislative procedure shall not contain an ‘amount deemed necessary’.

Should the Council wish to include a financial reference amount, that amount shall be taken as illustrating the will of the legislator and shall not affect the budgetary powers of the European Parliament and of the Council as set out in the TFEU. A provision to that effect shall be included in all legally binding Union acts which contain such a financial reference amount.

C.   EXPENDITURE RELATING TO FISHERIES AGREEMENTS

| 20. | Expenditure on fisheries agreements shall be subject to the following specific rules.
  The Commission undertakes to keep the European Parliament regularly informed about the preparation and conduct of the negotiations on fisheries agreements, including the budgetary implications of those agreements.
  In the course of the legislative procedure relating to fisheries agreements, the Institutions undertake to make every effort to ensure that all procedures are carried out as quickly as possible.
  Amounts provided for in the budget for new fisheries agreements or for the renewal of fisheries agreements which enter into force after 1 January of the financial year concerned shall be put in reserve.
  If appropriations relating to fisheries agreements, including the reserve, prove insufficient, the Commission shall provide the European Parliament and the Council with the necessary information on the causes of the situation and on measures which might be adopted under established procedures. Where necessary, the Commission shall propose appropriate measures.
  Each quarter, the Commission shall present to the European Parliament and to the Council detailed information about the implementation of fisheries agreements in force and a financial forecast for the remainder of the year. |
| --- | --- |

20.

Expenditure on fisheries agreements shall be subject to the following specific rules.

The Commission undertakes to keep the European Parliament regularly informed about the preparation and conduct of the negotiations on fisheries agreements, including the budgetary implications of those agreements.

In the course of the legislative procedure relating to fisheries agreements, the Institutions undertake to make every effort to ensure that all procedures are carried out as quickly as possible.

Amounts provided for in the budget for new fisheries agreements or for the renewal of fisheries agreements which enter into force after 1 January of the financial year concerned shall be put in reserve.

If appropriations relating to fisheries agreements, including the reserve, prove insufficient, the Commission shall provide the European Parliament and the Council with the necessary information on the causes of the situation and on measures which might be adopted under established procedures. Where necessary, the Commission shall propose appropriate measures.

Each quarter, the Commission shall present to the European Parliament and to the Council detailed information about the implementation of fisheries agreements in force and a financial forecast for the remainder of the year.

| 21. | Without prejudice to the relevant procedure governing the negotiation of fisheries agreements, the European Parliament and the Council commit themselves, in the framework of budgetary cooperation, to arrive at a timely agreement on the adequate financing of fisheries agreements. |
| --- | --- |

21.

Without prejudice to the relevant procedure governing the negotiation of fisheries agreements, the European Parliament and the Council commit themselves, in the framework of budgetary cooperation, to arrive at a timely agreement on the adequate financing of fisheries agreements.

D.   FINANCING OF THE COMMON FOREIGN AND SECURITY POLICY (CFSP)

| 22. | The total amount of CFSP operating expenditure shall be entered entirely in one budget chapter, entitled CFSP. That amount shall cover the real predictable needs, assessed in the framework of the establishment of the draft budget, on the basis of forecasts drawn up annually by the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’). A reasonable margin shall be allowed to cover unforeseen actions. No funds may be entered in a reserve. |
| --- | --- |

22.

The total amount of CFSP operating expenditure shall be entered entirely in one budget chapter, entitled CFSP. That amount shall cover the real predictable needs, assessed in the framework of the establishment of the draft budget, on the basis of forecasts drawn up annually by the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’). A reasonable margin shall be allowed to cover unforeseen actions. No funds may be entered in a reserve.

| 23. | As regards CFSP expenditure which is charged to the Union budget in accordance with Article 41 of the Treaty on European Union, the Institutions shall endeavour, in the Conciliation Committee as referred to in Article 314(5) TFEU, and on the basis of the draft budget established by the Commission, to secure agreement each year on the amount of the operating expenditure, and on the distribution of that amount between the articles of the CFSP budget chapter. In the absence of agreement, it is understood that the European Parliament and the Council shall enter in the budget the amount contained in the previous budget or the amount proposed in the draft budget, whichever is the lower.
  The total amount of CFSP operating expenditure shall be distributed between the articles of the CFSP budget chapter as suggested in the third paragraph. Each article shall cover actions already adopted, actions which are foreseen but not yet adopted and amounts for future — that is unforeseen — actions to be adopted by the Council during the financial year concerned.
  Within the CFSP budget chapter, the articles into which the CFSP actions are to be entered could read along the following lines:






  — | single major missions as referred to in point (g) of Article 52(1) of the Financial Regulation; |
| --- | --- | --- |

23.

As regards CFSP expenditure which is charged to the Union budget in accordance with Article 41 of the Treaty on European Union, the Institutions shall endeavour, in the Conciliation Committee as referred to in Article 314(5) TFEU, and on the basis of the draft budget established by the Commission, to secure agreement each year on the amount of the operating expenditure, and on the distribution of that amount between the articles of the CFSP budget chapter. In the absence of agreement, it is understood that the European Parliament and the Council shall enter in the budget the amount contained in the previous budget or the amount proposed in the draft budget, whichever is the lower.

The total amount of CFSP operating expenditure shall be distributed between the articles of the CFSP budget chapter as suggested in the third paragraph. Each article shall cover actions already adopted, actions which are foreseen but not yet adopted and amounts for future — that is unforeseen — actions to be adopted by the Council during the financial year concerned.

Within the CFSP budget chapter, the articles into which the CFSP actions are to be entered could read along the following lines:

—

single major missions as referred to in point (g) of Article 52(1) of the Financial Regulation;

| — | other missions (for crisis management operations, conflict prevention, resolution and stabilisation, and monitoring and implementation of peace and security processes); |
| --- | --- |

—

other missions (for crisis management operations, conflict prevention, resolution and stabilisation, and monitoring and implementation of peace and security processes);

| — | non-proliferation and disarmament; |
| --- | --- |

—

non-proliferation and disarmament;

| — | emergency measures; |
| --- | --- |

—

emergency measures;

| — | preparatory and follow-up measures; |
| --- | --- |

—

preparatory and follow-up measures;

| — | European Union Special Representatives. |
| --- | --- |

—

European Union Special Representatives.

Since, under the Financial Regulation, the Commission has the authority to transfer appropriations autonomously between articles within the CFSP budget chapter, the flexibility deemed necessary for speedy implementation of CFSP actions shall accordingly be assured. In the event of the amount of the CFSP budget chapter during the financial year being insufficient to cover the necessary expenses, the European Parliament and the Council shall seek a solution as a matter of urgency, on a proposal from the Commission.

| 24. | Each year, the High Representative shall consult the European Parliament on a forward-looking document, which shall be transmitted by 15 June of the year in question, setting out the main aspects and basic choices of the CFSP, including the financial implications for the Union budget, an evaluation of the measures launched in year n-1 and an assessment of the coordination and complementarity of CFSP with the Union's other external financial instruments. Furthermore, the High Representative shall keep the European Parliament regularly informed by holding joint consultation meetings at least five times a year, in the framework of the regular political dialogue on the CFSP, to be agreed at the latest on 30 November each year. Participation in those meetings shall be determined by the European Parliament and by the Council respectively, bearing in mind the objective, and the nature of the information exchanged in those meetings.
  The Commission shall be invited to participate in those meetings.
  If the Council adopts a decision in the field of the CFSP entailing expenditure, the High Representative shall immediately, and in any event no later than five working days thereafter, send the European Parliament an estimate of the costs envisaged (a ‘financial statement’), in particular those costs regarding time-frame, staff employed, use of premises and other infrastructure, transport facilities, training requirements and security arrangements.
  Once a quarter, the Commission shall inform the European Parliament and the Council about the implementation of CFSP actions and the financial forecasts for the remainder of the financial year. |
| --- | --- |

24.

Each year, the High Representative shall consult the European Parliament on a forward-looking document, which shall be transmitted by 15 June of the year in question, setting out the main aspects and basic choices of the CFSP, including the financial implications for the Union budget, an evaluation of the measures launched in year n-1 and an assessment of the coordination and complementarity of CFSP with the Union's other external financial instruments. Furthermore, the High Representative shall keep the European Parliament regularly informed by holding joint consultation meetings at least five times a year, in the framework of the regular political dialogue on the CFSP, to be agreed at the latest on 30 November each year. Participation in those meetings shall be determined by the European Parliament and by the Council respectively, bearing in mind the objective, and the nature of the information exchanged in those meetings.

The Commission shall be invited to participate in those meetings.

If the Council adopts a decision in the field of the CFSP entailing expenditure, the High Representative shall immediately, and in any event no later than five working days thereafter, send the European Parliament an estimate of the costs envisaged (a ‘financial statement’), in particular those costs regarding time-frame, staff employed, use of premises and other infrastructure, transport facilities, training requirements and security arrangements.

Once a quarter, the Commission shall inform the European Parliament and the Council about the implementation of CFSP actions and the financial forecasts for the remainder of the financial year.

E.   INVOLVEMENT OF THE INSTITUTIONS AS REGARDS DEVELOPMENT POLICY ISSUES

| 25. | The Commission shall establish an informal dialogue with the European Parliament on development policy issues. |
| --- | --- |

25.

The Commission shall establish an informal dialogue with the European Parliament on development policy issues.

PART III

SOUND FINANCIAL MANAGEMENT OF UNION FUNDS

A.   FINANCIAL PROGRAMMING

| 26. | The Commission shall submit twice a year, the first time together with the documents accompanying the draft budget and the second time after the adoption of the general budget of the Union, a complete financial programming for headings 1, 2 (except for the sub-heading ‘Economic, social and territorial cohesion’), 3 (for ‘Environment and climate action’ and ‘Maritime policy and fisheries’), 4, 5 and 6 of the MFF. That programming, structured by heading, policy area and budget line, should identify:






  (a) | the legislation in force, with a distinction being drawn between multiannual programmes and annual actions:






  (i) | for multiannual programmes, the Commission should indicate the procedure under which they were adopted (ordinary or special legislative procedure), their duration, the total financial envelope and the share allocated to administrative expenditure; |
| --- | --- | --- | --- |

26.

The Commission shall submit twice a year, the first time together with the documents accompanying the draft budget and the second time after the adoption of the general budget of the Union, a complete financial programming for headings 1, 2 (except for the sub-heading ‘Economic, social and territorial cohesion’), 3 (for ‘Environment and climate action’ and ‘Maritime policy and fisheries’), 4, 5 and 6 of the MFF. That programming, structured by heading, policy area and budget line, should identify:

(a)

the legislation in force, with a distinction being drawn between multiannual programmes and annual actions:

(i)

for multiannual programmes, the Commission should indicate the procedure under which they were adopted (ordinary or special legislative procedure), their duration, the total financial envelope and the share allocated to administrative expenditure;

| (ii) | for multiannual programmes referred to in Annex II to the MFF Regulation, the Commission should indicate transparently the additional allocations under Article 5 of the MFF Regulation; |
| --- | --- |

(ii)

for multiannual programmes referred to in Annex II to the MFF Regulation, the Commission should indicate transparently the additional allocations under Article 5 of the MFF Regulation;

| (iii) | for annual actions (relating to pilot projects, preparatory actions and agencies) and actions financed under the prerogatives of the Commission, the Commission should provide multiannual estimates; |
| --- | --- |

(iii)

for annual actions (relating to pilot projects, preparatory actions and agencies) and actions financed under the prerogatives of the Commission, the Commission should provide multiannual estimates;

| (b) | pending legislative proposals: ongoing Commission proposals, with the latest update. |
| --- | --- |

(b)

pending legislative proposals: ongoing Commission proposals, with the latest update.

The Commission should consider ways of cross-referencing the financial programming with its legislative programming to provide more precise and reliable forecasts. For each legislative proposal, the Commission should indicate whether it is included in the programming communicated at the time of the presentation of the draft budget or after the final adoption of the budget. The Commission should inform the European Parliament and the Council in particular of:

| (a) | all new legislative acts adopted and all pending proposals presented but not included in programming communicated at the time of the draft budget or after the final adoption of the budget (with the corresponding amounts); |
| --- | --- |

(a)

all new legislative acts adopted and all pending proposals presented but not included in programming communicated at the time of the draft budget or after the final adoption of the budget (with the corresponding amounts);

| (b) | legislation foreseen in the Commission's annual legislative work programme, with an indication of whether the actions are likely to have a financial impact. |
| --- | --- |

(b)

legislation foreseen in the Commission's annual legislative work programme, with an indication of whether the actions are likely to have a financial impact.

Whenever necessary, the Commission should indicate the reprogramming entailed by new legislative proposals.

B.   AGENCIES AND EUROPEAN SCHOOLS

| 27. | Before presenting a proposal for the creation of a new agency, the Commission should produce a sound, complete and objective impact assessment, taking into account, inter alia, the critical mass of staff and competencies, cost-benefit aspects, subsidiarity and proportionality, the impact on national and Union activities, and the budgetary implications for the expenditure heading concerned. On the basis of that information and without prejudice to the legislative procedures governing the setting up of the agency, the European Parliament and the Council commit themselves, in the framework of budgetary cooperation, to arrive at a timely agreement on the financing of the proposed agency.
  The following procedural steps shall be applied:






  — | firstly, the Commission shall systematically present any proposal for setting up a new agency to the first trilogue following the adoption of its proposal, and shall present the financial statement accompanying the legislative proposal for the creation of the agency and shall illustrate the consequences thereof for the remaining period of the financial programming; |
| --- | --- | --- |

27.

Before presenting a proposal for the creation of a new agency, the Commission should produce a sound, complete and objective impact assessment, taking into account, inter alia

The following procedural steps shall be applied:

—

firstly, the Commission shall systematically present any proposal for setting up a new agency to the first trilogue following the adoption of its proposal, and shall present the financial statement accompanying the legislative proposal for the creation of the agency and shall illustrate the consequences thereof for the remaining period of the financial programming;

| — | secondly, during the legislative process, the Commission shall assist the legislator in assessing the financial consequences of the amendments proposed. Those financial consequences should be considered during the relevant legislative trilogues; |
| --- | --- |

—

secondly, during the legislative process, the Commission shall assist the legislator in assessing the financial consequences of the amendments proposed. Those financial consequences should be considered during the relevant legislative trilogues;

| — | thirdly, before the conclusion of the legislative process, the Commission shall present an updated financial statement taking into account potential amendments by the legislator; that final financial statement shall be placed on the agenda of the final legislative trilogue and formally endorsed by the legislator. It shall also be placed on the agenda of a subsequent budgetary trilogue (in urgent cases, in simplified form), in view of reaching an agreement on the financing; |
| --- | --- |

—

thirdly, before the conclusion of the legislative process, the Commission shall present an updated financial statement taking into account potential amendments by the legislator; that final financial statement shall be placed on the agenda of the final legislative trilogue and formally endorsed by the legislator. It shall also be placed on the agenda of a subsequent budgetary trilogue (in urgent cases, in simplified form), in view of reaching an agreement on the financing;

| — | fourthly, the agreement reached during a trilogue, taking into account the Commission's budgetary assessment with regard to the content of the legislative process, shall be confirmed in a joint declaration. That agreement shall be subject to approval by the European Parliament and by the Council, each in accordance with its own rules of procedure. |
| --- | --- |

—

fourthly, the agreement reached during a trilogue, taking into account the Commission's budgetary assessment with regard to the content of the legislative process, shall be confirmed in a joint declaration. That agreement shall be subject to approval by the European Parliament and by the Council, each in accordance with its own rules of procedure.

The same procedure would be applied to any amendment to a legal act concerning an agency which would have an impact on the resources of the agency in question.

Should the tasks of an agency be altered substantially without an amendment to the legal act setting up the agency in question, the Commission shall inform the European Parliament and the Council by means of a revised financial statement, so as to allow the European Parliament and the Council to arrive at a timely agreement on the financing of the agency.

| 28. | Relevant provisions from the Common Approach annexed to the Joint Statement of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies signed on 19 July 2012 should be duly taken into account in the budgetary procedure. |
| --- | --- |

28.

Relevant provisions from the Common Approach annexed to the Joint Statement of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies signed on 19 July 2012 should be duly taken into account in the budgetary procedure.

| 29. | When the creation of a new European school is envisaged by the Board of Governors, a similar procedure is to be applied, mutatis mutandis, for its budgetary implications on the Union budget. |
| --- | --- |

29.

When the creation of a new European school is envisaged by the Board of Governors, a similar procedure is to be applied, mutatis mutandis, for its budgetary implications on the Union budget.

PART IV

PROTECTION OF THE UNION BUDGET: QUALITY AND COMPARABILITY OF DATA ON BENEFICIARIES

| 30. | In line with the requests of the European Parliament and in response to point 24 of the European Council conclusions of 17 to 21 July 2020, in order to enhance the protection of the Union budget and the European Union Recovery Instrument against fraud and irregularities, the Institutions agree on the introduction of standardised measures to collect, compare and aggregate information and figures on the final recipients and beneficiaries of Union funding, for the purposes of control and audit. |
| --- | --- |

30.

In line with the requests of the European Parliament and in response to point 24 of the European Council conclusions of 17 to 21 July 2020, in order to enhance the protection of the Union budget and the European Union Recovery Instrument against fraud and irregularities, the Institutions agree on the introduction of standardised measures to collect, compare and aggregate information and figures on the final recipients and beneficiaries of Union funding, for the purposes of control and audit.

| 31. | To ensure effective controls and audits, it is necessary to collect data on those ultimately benefitting, directly or indirectly, from Union funding under shared management and from projects and reforms supported under Regulation of the European Parliament and of the Council establishing a Recovery and Resilience Facility, including data on beneficial owners of the recipients of the funding. The rules related to the collection and processing of such data will have to comply with applicable data protection rules. |
| --- | --- |

31.

To ensure effective controls and audits, it is necessary to collect data on those ultimately benefitting, directly or indirectly, from Union funding under shared management and from projects and reforms supported under Regulation of the European Parliament and of the Council establishing a Recovery and Resilience Facility, including data on beneficial owners of the recipients of the funding. The rules related to the collection and processing of such data will have to comply with applicable data protection rules.

| 32. | To enhance the protection of the Union budget, the Commission will make available an integrated and interoperable information and monitoring system, including a single data-mining and risk-scoring tool, to access and analyse the data referred to in point 31 with a view to a generalised application by Member States. That system would ensure efficient checks on conflicts of interests, irregularities, issues of double funding, and any misuse of the funds. The Commission, the European Anti-Fraud Office (OLAF) and other Union investigative and control bodies should have the necessary access to that data in order to exercise their supervisory functions in relation to the controls and audits that are to be carried out by the Member States in the first place to detect irregularities and conduct administrative investigations into the misuse of the Union funding concerned, and to get a precise overview of its distribution. |
| --- | --- |

32.

To enhance the protection of the Union budget, the Commission will make available an integrated and interoperable information and monitoring system, including a single data-mining and risk-scoring tool, to access and analyse the data referred to in point 31 with a view to a generalised application by Member States. That system would ensure efficient checks on conflicts of interests, irregularities, issues of double funding, and any misuse of the funds. The Commission, the European Anti-Fraud Office (OLAF) and other Union investigative and control bodies should have the necessary access to that data in order to exercise their supervisory functions in relation to the controls and audits that are to be carried out by the Member States in the first place to detect irregularities and conduct administrative investigations into the misuse of the Union funding concerned, and to get a precise overview of its distribution.

| 33. | Without prejudice to the prerogatives of the Institutions under the Treaties, in the course of the legislative procedure relating to the relevant basic acts, the Institutions undertake to sincerely cooperate to ensure the follow-up to the European Council conclusions of 17 to 21 July 2020, in line with the approach described in this Part. |
| --- | --- |

33.

Without prejudice to the prerogatives of the Institutions under the Treaties, in the course of the legislative procedure relating to the relevant basic acts, the Institutions undertake to sincerely cooperate to ensure the follow-up to the European Council conclusions of 17 to 21 July 2020, in line with the approach described in this Part.

Done at Brussels,

For the European Parliament

The President

For the Council

The President

For the Commission

The President

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(1)  Council Regulation (EU) 2020/... of ... establishing a European Union Recovery Instrument to support the recovery in the aftermath of the COVID-19 crisis (OJ L ..., p. ...).

1

(*1)  OJ: Please insert in the text the number and in the accompanying footnote the number and date of the Regulation contained in document ST 9971/20 (2020/0111(NLE)) and fill in the OJ reference.

*1

(2)  Council Regulation (EU, Euratom) 2020/... of ... laying down the multiannual financial framework for the years 2021 to 2027 (OJ L ..., p. ...).

2

(*2)  OJ: Please insert in the text the number and in the accompanying footnote the number and date of the Regulation contained in document ST 9970/20 (2018/0166(APP)) and fill in the OJ reference.

*2

(3)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

3

(4)  Council Decision (EU, Euratom) 2020/... of ... on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L ...).

4

(*3)  OJ: Please insert in the text the number and in the accompanying footnote the number and date of the Regulation contained in document ST 10046/20 (2018/0135(CNS)) and fill in the OJ reference.

*3

(*4)  OJ: please insert the date of last signature of this Agreement.

*4

(5)  OJ C 373, 20.12.2013, p. 1.

5

(6)  As set out in the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (OJ L 210, 6.8.2013, p. 1) and the preceding Internal Agreements.

6

ANNEX I

INTERINSTITUTIONAL COOPERATION DURING THE BUDGETARY PROCEDURE

Part A.   Calendar of the budgetary procedure

| 1. | The Institutions shall agree a pragmatic calendar each year in due time before the start of the budgetary procedure on the basis of present practice. |
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1.

| 2. | In order to ensure that the European Parliament and the Council are able to exercise their budgetary prerogatives in an effective manner, budgetary positions, transfers or other notifications entailing the activation of deadlines shall be submitted taking due account of any recess periods, the dates of which those institutions have informed each other in due time through their respective services. |
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2.

Part B.   Priorities for the budgetary procedure

| 3. | In due time before the Commission adopts the draft budget, a trilogue shall be convened to discuss the possible priorities for the budget of the coming financial year and any questions arising from the implementation of the budget of the current financial year, on the basis of the information provided by the Commission in accordance with point 37. |
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3.

Part C.   Establishment of the draft budget and updating of estimates

| 4. | The institutions, other than the Commission, are invited to adopt their statement of estimates before the end of March. |
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4.

| 5. | The Commission shall, each year, present a draft budget showing the Union's actual financing requirements.
  It shall take into account:






  (a) | forecasts provided by the Member States in relation to the Structural Funds; |
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5.

It shall take into account:

(a)

forecasts provided by the Member States in relation to the Structural Funds;

| (b) | the capacity for utilising appropriations, while endeavouring to maintain a strict relationship between appropriations for commitments and appropriations for payments; |
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(b)

the capacity for utilising appropriations, while endeavouring to maintain a strict relationship between appropriations for commitments and appropriations for payments;

| (c) | possibilities for starting up new policies through pilot projects, new preparatory actions or both, or for continuing multiannual actions which are coming to an end, after assessing whether it is possible to secure a basic act, within the meaning of the Financial Regulation (definition of a basic act, necessity of a basic act for implementation and exceptions); |
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(c)

possibilities for starting up new policies through pilot projects, new preparatory actions or both, or for continuing multiannual actions which are coming to an end, after assessing whether it is possible to secure a basic act, within the meaning of the Financial Regulation (definition of a basic act, necessity of a basic act for implementation and exceptions);

| (d) | the need to ensure that any change in expenditure in relation to the previous year is in accordance with the constraints of budgetary discipline. |
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(d)

the need to ensure that any change in expenditure in relation to the previous year is in accordance with the constraints of budgetary discipline.

| 6. | The Institutions shall, as far as possible, avoid entering items in the budget involving insignificant amounts of expenditure on operations. |
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6.

| 7. | The European Parliament and the Council also undertake to bear in mind the assessment of the possibilities for implementing the budget made by the Commission in its drafts and in connection with the implementation of the budget for the current financial year. |
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7.

| 8. | In the interests of sound financial management and owing to the effect of major changes in the titles and chapters of the budget nomenclature on the management reporting responsibilities of Commission departments, the European Parliament and the Council undertake to discuss any major changes with the Commission during the conciliation. |
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8.

| 9. | In the interest of loyal and sound institutional cooperation, the European Parliament and the Council commit to maintaining regular and active contacts at all levels, through their respective negotiators, throughout the whole budgetary procedure and, in particular, during the whole conciliation period with a view to reaching an agreement. The European Parliament and the Council undertake to ensure the timely and constant mutual exchange of relevant information and documents at both formal and informal levels, as well as to hold technical or informal meetings as needed, during the conciliation period, in cooperation with the Commission. The Commission shall ensure timely and equal access to information and documents for the European Parliament and for the Council. |
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9.

| 10. | Until such time as the Conciliation Committee is convened, the Commission may, if necessary, submit letters of amendment to the draft budget in accordance with Article 314(2) TFEU, including a letter of amendment updating, in particular expenditure estimates for agriculture. The Commission shall submit information on updates to the European Parliament and to the Council for their consideration as soon as it is available. It shall supply the European Parliament and the Council with all the duly justified reasons they may require. |
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10.

Part D.   Budgetary procedure before the conciliation procedure

| 11. | A trilogue shall be convened in due time before the Council's reading, to allow the Institutions to exchange their views on the draft budget. |
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11.

| 12. | In order for the Commission to be able to assess in due time the executability of amendments, envisaged by the European Parliament and by the Council, which create new preparatory actions or pilot projects or which prolong existing ones, the European Parliament and the Council shall inform the Commission of their intentions in that regard, so that a first discussion may already take place at that trilogue. |
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12.

| 13. | A trilogue may be convened before the votes in plenary of the European Parliament. |
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13.

Part E.   Conciliation procedure

| 14. | If the European Parliament adopts amendments to the Council's position, the President of the Council shall, during the same plenary sitting, take note of the differences in the position of the two institutions and give his/her agreement for the President of the European Parliament to convene the Conciliation Committee immediately. The letter convening the Conciliation Committee shall be sent at the latest on the first working day of the week following the end of the parliamentary part-session during which the plenary vote was delivered, and the conciliation period shall start on the following day. The 21-day period shall be calculated in accordance with Regulation (EEC, Euratom) No 1182/71 of the Council (1). |
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14.

| 15. | If the Council cannot agree on all the amendments adopted by the European Parliament, it should confirm its position by letter sent before the first meeting foreseen during the conciliation period. In such case, the Conciliation Committee shall proceed in accordance with the conditions laid down in the following points. |
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15.

| 16. | The Conciliation Committee shall be chaired jointly by representatives of the European Parliament and of the Council. Meetings of the Conciliation Committee shall be chaired by the co-chair from the institution hosting the meeting. Each institution, in accordance with its own rules of procedure, shall designate its participants for each meeting and set out its mandate for the negotiations. The European Parliament and the Council shall be represented at an appropriate level in the Conciliation Committee, such that each delegation can commit politically its respective institution, and that actual progress towards the final agreement may be made. |
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16.

| 17. | In accordance with the second subparagraph of Article 314(5) TFEU, the Commission shall take part in the Conciliation Committee's proceedings and shall take all the necessary initiatives with a view to reconciling the positions of the European Parliament and of the Council. |
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17.

| 18. | Trilogues shall take place throughout the conciliation procedure, at different levels of representation, with the aim of resolving outstanding issues and preparing the ground for an agreement to be reached in the Conciliation Committee. |
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18.

| 19. | Meetings of the Conciliation Committee and trilogues shall be held alternately at the premises of the European Parliament and of the Council, with a view to an equal sharing of facilities, including interpretation facilities. |
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19.

| 20. | The dates of the meetings of the Conciliation Committee and the trilogues shall be set in advance by agreement of the Institutions. |
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20.

| 21. | A common set of documents (‘input documents’) comparing the various steps of the budgetary procedure shall be made available to the Conciliation Committee (2). Those documents shall include ‘line by line’ figures, totals by MFF headings and a consolidated document with figures and remarks for all budget lines deemed technically ‘open’. Without prejudice to the final decision of the Conciliation Committee, a specific document shall list all budget lines deemed technically closed (3). Those documents shall be classified by budgetary nomenclature.
  Other documents shall also be attached to the input documents for the Conciliation Committee, including a letter of executability from the Commission on the Council's position and the European Parliament's amendments, and any letters from other institutions concerning the Council's position or the European Parliament's amendments. |
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21.

Other documents shall also be attached to the input documents for the Conciliation Committee, including a letter of executability from the Commission on the Council's position and the European Parliament's amendments, and any letters from other institutions concerning the Council's position or the European Parliament's amendments.

| 22. | With a view to reaching agreement by the end of the conciliation period, trilogues shall:






  (a) | define the scope of the negotiations on the budgetary issues to be addressed; |
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22.

(a)

define the scope of the negotiations on the budgetary issues to be addressed;

| (b) | endorse the list of the budget lines deemed technically closed, subject to the final agreement on the entire budget of the financial year; |
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(b)

endorse the list of the budget lines deemed technically closed, subject to the final agreement on the entire budget of the financial year;

| (c) | discuss issues identified under point (a) with a view to reaching possible agreements to be endorsed by the Conciliation Committee; |
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(c)

discuss issues identified under point (a) with a view to reaching possible agreements to be endorsed by the Conciliation Committee;

| (d) | address thematic issues, including by headings of the MFF. |
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(d)

address thematic issues, including by headings of the MFF.

Tentative conclusions shall be drawn jointly during or immediately after each trilogue, and, simultaneously, the agenda of the following meeting shall be agreed. Those conclusions shall be registered by the institution hosting the trilogue and shall be deemed provisionally approved after 24 hours, without prejudice to the final decision of the Conciliation Committee.

| 23. | The conclusions of trilogues and a document for possible endorsement shall be available to the Conciliation Committee at its meetings, together with the budget lines in respect of which an agreement has been tentatively reached during the trilogues. |
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23.

| 24. | The joint text provided for in Article 314(5) TFEU shall be established by the secretariats of the European Parliament and of the Council with the assistance of the Commission. It shall consist of a letter of transmission addressed by the chairs of the two delegations to the Presidents of the European Parliament and of the Council, containing the date of the agreement at the Conciliation Committee, and annexes which shall include:






  (a) | line by line figures for all budget items and summary figures by MFF headings; |
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24.

(a)

line by line figures for all budget items and summary figures by MFF headings;

| (b) | a consolidated document, indicating the figures and final text of all lines that have been amended during the conciliation procedure; |
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(b)

a consolidated document, indicating the figures and final text of all lines that have been amended during the conciliation procedure;

| (c) | the list of the lines not amended with regard to the draft budget or the Council's position on it. |
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(c)

the list of the lines not amended with regard to the draft budget or the Council's position on it.

The Conciliation Committee may also approve conclusions and possible joint statements in relation to the budget.

| 25. | The joint text shall be translated into the official languages of the institutions of the Union (by the services of the European Parliament) and shall be submitted for approval of the European Parliament and of the Council within a period of 14 days from the date of the agreement on the joint text referred to point 24.
  The budget shall be subject to legal-linguistic revision after the adoption of the joint text by integrating the annexes of the joint text with the budget lines not amended during the conciliation procedure. |
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25.

The budget shall be subject to legal-linguistic revision after the adoption of the joint text by integrating the annexes of the joint text with the budget lines not amended during the conciliation procedure.

| 26. | The institution hosting the meeting (trilogue or conciliation) shall provide interpretation facilities with a full linguistic regime applicable to the Conciliation Committee meetings and an ad hoc linguistic regime for the trilogues.
  The institution hosting the meeting shall provide for the copying and distribution of room documents.
  The services of the Institutions shall cooperate in the encoding of the results of the negotiations in order to finalise the joint text. |
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26.

The institution hosting the meeting shall provide for the copying and distribution of room documents.

The services of the Institutions shall cooperate in the encoding of the results of the negotiations in order to finalise the joint text.

Part F.   Amending budgets

General principles

| 27. | Bearing in mind that amending budgets are frequently focused on specific and sometimes urgent issues, the Institutions agree on the following principles to ensure appropriate interinstitutional cooperation for a smooth and swift decision-making process for amending budgets while avoiding, insofar as possible, having to convene a conciliation meeting for amending budgets. |
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27.

| 28. | As far as possible, the Institutions shall endeavour to limit the number of amending budgets. |
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28.

Calendar

| 29. | The Commission shall inform the European Parliament and the Council in advance of the possible dates of adoption of draft amending budgets, without prejudice to the final date of adoption. |
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29.

| 30. | The European Parliament and the Council, each in accordance with its internal rules of procedure, shall endeavour to examine the draft amending budget proposed by the Commission at an early opportunity after its adoption by the Commission. |
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30.

| 31. | In order to speed up the procedure, the European Parliament and the Council shall ensure that their respective calendars of work are coordinated as far as possible in order to enable proceedings to be conducted in a coherent and convergent way. They shall therefore seek as soon as possible to establish an indicative timetable for the various stages leading to the final adoption of the amending budget.
  The European Parliament and the Council shall take into account the relative urgency of the amending budget and the need to approve it in due time to be effective during the financial year concerned. |
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31.

The European Parliament and the Council shall take into account the relative urgency of the amending budget and the need to approve it in due time to be effective during the financial year concerned.

Cooperation during the readings

| 32. | The Institutions shall cooperate in good faith throughout the procedure, clearing the way, as far as possible, for the adoption of amending budgets at an early stage of the procedure.
  Where appropriate, and when there is a potential divergence, the European Parliament or the Council, before each takes its final position on the amending budget, or the Commission at any time, may propose that a specific trilogue be convened to discuss the divergences and to try to reach a compromise. |
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32.

Where appropriate, and when there is a potential divergence, the European Parliament or the Council, before each takes its final position on the amending budget, or the Commission at any time, may propose that a specific trilogue be convened to discuss the divergences and to try to reach a compromise.

| 33. | All draft amending budgets proposed by the Commission and not yet finally approved shall be entered systematically on the agenda of trilogues planned for the annual budgetary procedure. The Commission shall present the draft amending budgets and the European Parliament and the Council shall, as far as possible, make known their respective positions ahead of the trilogue. |
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33.

| 34. | If a compromise is reached during a trilogue, the European Parliament and the Council undertake to consider the results of the trilogue when deliberating on the amending budget in accordance with the TFEU and their rules of procedure. |
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34.

Cooperation after the readings

| 35. | If the European Parliament approves the position of the Council without amendments, the amending budget shall be adopted in accordance with the TFEU. |
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35.

| 36. | If the European Parliament adopts amendments by a majority of its component members, point (c) of Article 314(4) TFEU shall apply. However, before the Conciliation Committee meets, a trilogue shall be called:






  (a) | if an agreement is reached during that trilogue and subject to the agreement of the European Parliament and of the Council on the results of the trilogue, the conciliation shall be closed by an exchange of letters without a meeting of the Conciliation Committee; |
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36.

(a)

if an agreement is reached during that trilogue and subject to the agreement of the European Parliament and of the Council on the results of the trilogue, the conciliation shall be closed by an exchange of letters without a meeting of the Conciliation Committee;

| (b) | if no agreement is reached during that trilogue, the Conciliation Committee shall meet and organise its work in accordance with the circumstances, with a view to completing the decision-making process as much as possible before the 21-day deadline laid down in Article 314(5) TFEU. The Conciliation Committee may conclude by an exchange of letters. |
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(b)

if no agreement is reached during that trilogue, the Conciliation Committee shall meet and organise its work in accordance with the circumstances, with a view to completing the decision-making process as much as possible before the 21-day deadline laid down in Article 314(5) TFEU. The Conciliation Committee may conclude by an exchange of letters.

Part G.   Budget implementation, payments and reste à liquider (RAL)

| 37. | Given the need to ensure an orderly progression of the total appropriations for payments in relation to the appropriations for commitments so as to avoid any abnormal shift of RAL from one year to another, the Institutions agree to monitor closely the payment forecasts and the level of the RAL so as to mitigate the risk of hampering the implementation of Union programmes because of a lack of payment appropriations at the end of the MFF.
  In order to ensure a manageable level and profile for the payments in all headings, de-commitment rules shall be applied strictly in all headings, in particular the rules for automatic de-commitments.
  In the course of the budgetary procedure, the Institutions shall meet regularly with a view to jointly assessing the state of play and the outlook for budgetary implementation in the current and future financial years. That assessment shall take the form of dedicated interinstitutional meetings at the appropriate level, before which the Commission shall provide the detailed state of play, broken down by fund and Member State, on payment implementation, on transfers, on reimbursement claims received and revised forecasts, including long-term forecasts, where applicable. In particular, in order to ensure that the Union can fulfil all its financial obligations stemming from existing and future commitments in the period 2021-2027 in accordance with Article 323 TFEU, the European Parliament and the Council shall analyse and discuss the Commission's estimates as to the required level of payment appropriations. |
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37.

In order to ensure a manageable level and profile for the payments in all headings, de-commitment rules shall be applied strictly in all headings, in particular the rules for automatic de-commitments.

In the course of the budgetary procedure, the Institutions shall meet regularly with a view to jointly assessing the state of play and the outlook for budgetary implementation in the current and future financial years. That assessment shall take the form of dedicated interinstitutional meetings at the appropriate level, before which the Commission shall provide the detailed state of play, broken down by fund and Member State, on payment implementation, on transfers, on reimbursement claims received and revised forecasts, including long-term forecasts, where applicable. In particular, in order to ensure that the Union can fulfil all its financial obligations stemming from existing and future commitments in the period 2021-2027 in accordance with Article 323 TFEU, the European Parliament and the Council shall analyse and discuss the Commission's estimates as to the required level of payment appropriations.

Part H.   Cooperation as regards the European Union Recovery Instrument (4) (*1)

| 38. | For the sole purpose of addressing the consequences of the COVID-19 crisis, the Commission will be empowered to borrow funds on capital markets on behalf of the Union up to EUR 750 000 million in 2018 prices, of which up to EUR 390 000 million in 2018 prices may be used for expenditure and up to EUR 360 000 million in 2018 prices may be used for providing loans in accordance with Article 5(1) of the Own Resources Decision. As provided for in the EURI Regulation, the amount to be used for expenditure constitutes external assigned revenue for the purposes of Article 21(5) of the Financial Regulation. |
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38.

| 39. | The Institutions agree that the role of the European Parliament and of the Council, where acting in their capacity of budgetary authority, needs to be enhanced in relation to the external assigned revenue under the European Union Recovery Instrument, with a view to ensuring a proper oversight of and involvement in the use of such revenue, within the limits set out in the EURI Regulation and, as appropriate, in the relevant sectoral legislation. The Institutions also agree on the need to ensure full transparency and visibility of all funds under the European Union Recovery Instrument. |
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39.

External assigned revenue under the European Union Recovery Instrument

| 40. | Given the need to ensure an appropriate involvement of the European Parliament and of the Council in the governance of external assigned revenue under the European Union Recovery Instrument, the Institutions agree on the procedure set out in points 41 to 46. |
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40.

| 41. | The Commission will provide detailed information with its draft estimates in the context of the budgetary procedure. Such information shall include detailed estimates of commitment appropriations and payment appropriations as well as of legal commitments, broken down by heading and by programme that receives assigned revenue under the EURI Regulation. The Commission will provide any additional relevant information requested by the European Parliament or by the Council. The Commission will attach to the draft budget a document compiling all relevant information concerning the European Union Recovery Instrument, including summary tables aggregating budget appropriations and assigned revenue under the European Union Recovery Instrument. That document will be part of the annex to the general budget of the Union on external assigned revenue provided for in point 44. |
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41.

| 42. | The Commission will present regular updates of the information referred to in point 41 throughout the financial year and at least ahead of each dedicated meeting as referred to in point 45. The Commission will make the relevant information available to the European Parliament and to the Council in time to allow meaningful discussions and deliberations on corresponding planning documents, including before the Commission adopts relevant decisions. |
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42.

| 43. | The Institutions will meet regularly in the context of the budgetary procedure with a view to jointly assessing the implementation of external assigned revenue under the European Union Recovery Instrument, in particular the state of play and outlook and to discuss the annual estimates provided with the respective draft budgets and their distribution, with due regard to the limitations and conditions set out in the EURI Regulation and, as appropriate, in relevant sectoral legislation. |
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43.

| 44. | The European Parliament and the Council will attach to the general budget of the Union in the form of an annex a document setting out all the budget lines that receive assigned revenue under the European Union Recovery Instrument. Moreover, they will use the budget structure for accommodating the assigned revenue under the European Union Recovery Instrument, and in particular the budgetary remarks, to exercise due control over the use of that revenue. In accordance with Article 22 of the Financial Regulation, the European Parliament and the Council will include in the statement of expenditure remarks, including general remarks, showing which budget lines may receive the appropriations corresponding to the revenue assigned on the basis of the EURI Regulation and indicating relevant amounts. The Commission, in exercising its responsibility for implementing the assigned revenue, undertakes to take due account of such remarks. |
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44.

| 45. | The Institutions agree to organise dedicated interinstitutional meetings at the appropriate level with a view to assessing the state of play and outlook for external assigned revenue under the European Union Recovery Instrument. Those meetings will take place at least three times in a financial year soon before or after the budgetary trilogues. Furthermore, the Institutions shall meet on an ad hoc basis if one institution provides a reasoned request. The European Parliament and the Council may at any time present written observations concerning the implementation of external assigned revenue. The Commission undertakes to take due account of any remarks and suggestions made by the European Parliament and by the Council. Those meetings may address significant deviations in European Union Recovery Instrument expenditure, in line with point 46. |
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45.

| 46. | The Commission shall provide detailed information about any deviation from its initial forecasts prior to a dedicated interinstitutional meeting as referred to in point 45 and on an ad hoc basis in case of a significant deviation. A deviation from forecasted European Union Recovery Instrument expenditure is significant if the expenditure deviates from the forecast for a given financial year and for a given programme by more than 10 %. In case of significant deviations from initial forecasts, the Institutions will discuss the matter, if either the European Parliament or the Council requests to do so within two weeks after notice of such a significant deviation. The Institutions will jointly assess the matter with a view to finding common ground within three weeks of the request for a meeting. The Commission will take utmost account of any comments received. The Commission undertakes not to take any decision until the deliberations have been concluded or the period of three weeks has expired. In the latter case, the Commission shall duly justify its decision. In the event of urgency, the Institutions may agree to shorten the deadlines by one week. |
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46.

Loans provided under the European Union Recovery Instrument

| 47. | In order to ensure full information as well as transparency and visibility as regards the loan component of the European Union Recovery Instrument, the Commission will provide detailed information about loans provided to Member States under the European Union Recovery Instrument together with its draft estimates, while paying particular attention to sensitive information, which is protected. |
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47.

| 48. | Information about loans under the European Union Recovery Instrument will be shown in the budget in accordance with the requirements in point (d) of Article 52(1) of the Financial Regulation and will also include the annex referred to in point (iii) of that point. |
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48.

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(1)  Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1).

(2)  The various steps include: the budget of the current financial year (including adopted amending budgets); the initial draft budget; the Council's position on the draft budget; the European Parliament's amendments to the Council's position and the letters of amendment presented by the Commission (if not yet fully approved by the Institutions).

(3)  A budget line deemed technically closed is a line for which there is no disagreement between the European Parliament and the Council, and for which no letter of amendment has been presented.

(4)  Where the Commission submits a proposal for an act of the Council under Article 122 TFEU with potential appreciable budgetary implications, the procedure as set out in the joint declaration of the European Parliament, the Council and the Commission of ... on budgetary scrutiny of new proposals based on Article 122 TFEU with potential appreciable implications for the Union budget (OJ ..., p. ...) is applicable.

(*1)  OJ: please insert in the footnote the date of the joint declaration contained in document SN 3633/3/20 REV 3 ADD 1 and fill in the OJ reference.

ANNEX II

INTERINSTITUTIONAL COOPERATION ON A ROADMAP TOWARDS THE INTRODUCTION OF NEW OWN RESOURCES

Preamble

| A. | The Institutions are committed to sincere and transparent cooperation and the work towards the implementation of a roadmap for the introduction of new own resources over the duration of the MFF 2021-2027. |
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A.

The Institutions are committed to sincere and transparent cooperation and the work towards the implementation of a roadmap for the introduction of new own resources over the duration of the MFF 2021-2027.

| B. | The Institutions recognise the importance of the context of the European Union Recovery Instrument, in which the new own resources should be introduced. |
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B.

The Institutions recognise the importance of the context of the European Union Recovery Instrument, in which the new own resources should be introduced.

| C. | For the sole purpose of addressing the consequences of the COVID-19 crisis, the Commission will be empowered, under Article 5(1) of the Own Resources Decision, to borrow funds on capital markets on behalf of the Union up to EUR 750 000 million in 2018 prices, of which up to EUR 390 000 million in 2018 prices may be used for expenditure in accordance with point (b) of Article 5(1) of that Decision. |
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C.

For the sole purpose of addressing the consequences of the COVID-19 crisis, the Commission will be empowered, under Article 5(1) of the Own Resources Decision, to borrow funds on capital markets on behalf of the Union up to EUR 750 000 million in 2018 prices, of which up to EUR 390 000 million in 2018 prices may be used for expenditure in accordance with point (b) of Article 5(1) of that Decision.

| D. | The repayment of the principal of such funds to be used for expenditure under the European Union Recovery Instrument and the related interest due will have to be financed by the general budget of the Union, including by sufficient proceeds from new own resources introduced after 2021. All related liabilities will be fully repaid by 31 December 2058 at the latest as provided for in the second subparagraph of Article 5(2) of the Own Resources Decision. The annual amounts payable will depend on the maturities of the bonds issued and the debt repayment strategy, while respecting the limit for the repayment of the principal of the funds referred to in the third subparagraph of that paragraph set at 7,5 % of the maximum amount to be used for expenditure referred to in point (b) of Article 5(1) of that Decision. |
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D.

The repayment of the principal of such funds to be used for expenditure under the European Union Recovery Instrument and the related interest due will have to be financed by the general budget of the Union, including by sufficient proceeds from new own resources introduced after 2021. All related liabilities will be fully repaid by 31 December 2058 at the latest as provided for in the second subparagraph of Article 5(2) of the Own Resources Decision. The annual amounts payable will depend on the maturities of the bonds issued and the debt repayment strategy, while respecting the limit for the repayment of the principal of the funds referred to in the third subparagraph of that paragraph set at 7,5 % of the maximum amount to be used for expenditure referred to in point (b) of Article 5(1) of that Decision.

| E. | The expenditure from the Union budget related to the repayment of the European Union Recovery Instrument should not lead to an undue reduction in programme expenditure or investment instruments under the MFF. It is also desirable to mitigate the increases in the GNI-based own resource for the Member States. |
| --- | --- |

E.

The expenditure from the Union budget related to the repayment of the European Union Recovery Instrument should not lead to an undue reduction in programme expenditure or investment instruments under the MFF. It is also desirable to mitigate the increases in the GNI-based own resource for the Member States.

| F. | Therefore, and in order to enhance the credibility and sustainability of the European Union Recovery Instrument repayment plan, the Institutions will work towards introducing sufficient new own resources with a view to covering an amount corresponding to the expected expenditure related to the repayment. In accordance with the principle of universality, this would not imply an earmarking or assignment of any particular own resource to cover a specific type of expenditure. |
| --- | --- |

F.

Therefore, and in order to enhance the credibility and sustainability of the European Union Recovery Instrument repayment plan, the Institutions will work towards introducing sufficient new own resources with a view to covering an amount corresponding to the expected expenditure related to the repayment. In accordance with the principle of universality, this would not imply an earmarking or assignment of any particular own resource to cover a specific type of expenditure.

| G. | The Institutions acknowledge that the introduction of a basket of new own resources should support the adequate financing of Union expenditure in the MFF, while reducing the share of national GNI-based contributions in the financing of the Union's annual budget. The diversification of revenue sources in turn could facilitate the attainment of a better focus of expenditure at Union level on priority areas and on common public goods with high efficiency gains compared to national spending. |
| --- | --- |

G.

The Institutions acknowledge that the introduction of a basket of new own resources should support the adequate financing of Union expenditure in the MFF, while reducing the share of national GNI-based contributions in the financing of the Union's annual budget. The diversification of revenue sources in turn could facilitate the attainment of a better focus of expenditure at Union level on priority areas and on common public goods with high efficiency gains compared to national spending.

| H. | Therefore, new own resources should be aligned with Union policy objectives and should support Union priorities such as the European Green Deal and a Europe fit for the Digital Age, and should contribute to fair taxation and the strengthening of the fight against tax fraud and tax evasion. |
| --- | --- |

H.

Therefore, new own resources should be aligned with Union policy objectives and should support Union priorities such as the European Green Deal and a Europe fit for the Digital Age, and should contribute to fair taxation and the strengthening of the fight against tax fraud and tax evasion.

| I. | The Institutions agree that new own resources should preferably be created in a way that allows generating ‘fresh money’. In parallel, they aim at reducing red tape and the burden for companies, especially for small and medium-sized enterprises (SMEs), and for citizens. |
| --- | --- |

I.

The Institutions agree that new own resources should preferably be created in a way that allows generating ‘fresh money’. In parallel, they aim at reducing red tape and the burden for companies, especially for small and medium-sized enterprises (SMEs), and for citizens.

| J. | New own resources should fulfil the criteria of simplicity, transparency, predictability and fairness. The calculation, transfer and control of the new own resources should not lead to an excessive administrative burden for Union institutions and national administrations. |
| --- | --- |

J.

New own resources should fulfil the criteria of simplicity, transparency, predictability and fairness. The calculation, transfer and control of the new own resources should not lead to an excessive administrative burden for Union institutions and national administrations.

| K. | Considering the heavy procedural requirements for the introduction of new own resources, the Institutions agree that the necessary reform of the own resources system should be achieved with a limited number of revisions of the Own Resources Decision. |
| --- | --- |

K.

Considering the heavy procedural requirements for the introduction of new own resources, the Institutions agree that the necessary reform of the own resources system should be achieved with a limited number of revisions of the Own Resources Decision.

| L. | The Institutions therefore agree to cooperate during the period 2021-2027 on the basis of the principles set out in this Annex in order to work towards the introduction of new own resources in line with the roadmap set out in Part B and with the dates set out therein. |
| --- | --- |

L.

The Institutions therefore agree to cooperate during the period 2021-2027 on the basis of the principles set out in this Annex in order to work towards the introduction of new own resources in line with the roadmap set out in Part B and with the dates set out therein.

| M. | The Institutions also recognise the importance of the tools for Better Law-Making set out in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (1), in particular of the impact assessment. |
| --- | --- |

M.

The Institutions also recognise the importance of the tools for Better Law-Making set out in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (1), in particular of the impact assessment.

Part A   . Principles for the implementation

| 1. | The Commission will make the necessary legislative proposals for new own resources and for potential other new own resources as referred to in point 10 in accordance with Better Law-Making principles. It will in that context take due account of suggestions made by the European Parliament and by the Council. Those legislative proposals will be accompanied by the relevant own resources implementing legislation. |
| --- | --- |

1.

| 2. | The Institutions agree on the following guiding principles for the introduction of a basket of new own resources:






  (a) | raising an amount through the new own resources that is sufficient to cover the level of overall expected expenditure for the repayment of the principal and the interest of the funds borrowed to be used for expenditure referred to in point (b) of Article 5(1) of the Own Resources Decision, while respecting the principle of universality. Revenue from own resources in excess of the needs for repayment shall continue to fund the Union budget as general revenue in accordance with the principle of universality; |
| --- | --- | --- |

2.

(a)

raising an amount through the new own resources that is sufficient to cover the level of overall expected expenditure for the repayment of the principal and the interest of the funds borrowed to be used for expenditure referred to in point (b) of Article 5(1) of the Own Resources Decision, while respecting the principle of universality. Revenue from own resources in excess of the needs for repayment shall continue to fund the Union budget as general revenue in accordance with the principle of universality;

| (b) | expenditure covering the financing costs of the European Union Recovery Instrument shall aim at not reducing expenditure for Union programmes and funds; |
| --- | --- |

(b)

expenditure covering the financing costs of the European Union Recovery Instrument shall aim at not reducing expenditure for Union programmes and funds;

| (c) | aligning the own resources with the Union priorities, such as the fight against climate change, the circular economy, Europe fit for the Digital Age and contributing to fair taxation and to the strengthening of the fight against tax fraud and tax evasion; |
| --- | --- |

(c)

aligning the own resources with the Union priorities, such as the fight against climate change, the circular economy, Europe fit for the Digital Age and contributing to fair taxation and to the strengthening of the fight against tax fraud and tax evasion;

| (d) | respecting the criteria of simplicity, transparency, and fairness; |
| --- | --- |

(d)

respecting the criteria of simplicity, transparency, and fairness;

| (e) | ensuring stability and predictability of the revenue flow; |
| --- | --- |

(e)

ensuring stability and predictability of the revenue flow;

| (f) | not leading to an excessive administrative burden for Union institutions and national administrations; |
| --- | --- |

(f)

not leading to an excessive administrative burden for Union institutions and national administrations;

| (g) | preferably generating additional ‘fresh’ revenues; |
| --- | --- |

(g)

preferably generating additional ‘fresh’ revenues;

| (h) | in parallel, aiming at reducing red tape and the burden for companies, especially for SMEs, and for citizens. |
| --- | --- |

(h)

in parallel, aiming at reducing red tape and the burden for companies, especially for SMEs, and for citizens.

| 3. | The European Parliament and the Council will analyse, discuss and proceed without undue delay with the legislative proposals referred to in point 1 in accordance with their internal procedures with a view to facilitating a swift decision. After the Commission has presented its proposals, members of the European Parliament and representatives of the Council will in the course of their deliberations meet in the presence of the Commission representatives in order to inform each other about the respective state of play. In addition, the Institutions will enter into a regular dialogue to take stock of progress as regards the roadmap. |
| --- | --- |

3.

Part B.   Roadmap towards the introduction of new own resources

First step: 2021

| 4. | As a first step, a new own resource will be introduced to apply as of 1 January 2021 composed of a share of revenues from national contributions calculated on the weight of non-recycled plastic packaging waste as provided for in the Own Resources Decision. That decision is scheduled to enter into force in January 2021, subject to approval by Member States in accordance with their respective constitutional requirements. |
| --- | --- |

4.

| 5. | The Commission will accelerate its work and, following impact assessments launched in 2020, put forward proposals on a carbon border adjustment mechanism and on a digital levy as well as an accompanying proposal to introduce new own resources on that basis by June 2021 with a view to their introduction at the latest by 1 January 2023. |
| --- | --- |

5.

| 6. | The Commission will review the EU Emissions Trading System in spring 2021, including its possible extension to aviation and maritime. It will propose an own resource based on the EU Emissions Trading System by June 2021. |
| --- | --- |

6.

| 7. | The Institutions agree that the carbon border adjustment mechanism and the EU Emissions Trading System are thematically interlinked and that it would therefore be warranted to discuss them in the same spirit. |
| --- | --- |

7.

Second step: 2022 and 2023

| 8. | Following the applicable procedures under the Treaties and subject to approval by Member States in accordance with their respective constitutional requirements, these new own resources are envisaged to be introduced by 1 January 2023. |
| --- | --- |

8.

| 9. | The Council will deliberate on these new own resources by 1 July 2022 at the latest in view of their introduction by 1 January 2023. |
| --- | --- |

9.

Third step: 2024-2026

| 10. | The Commission will, based on impact assessments, propose additional new own resources, which could include a Financial Transaction Tax and a financial contribution linked to the corporate sector or a new common corporate tax base. The Commission shall endeavour to make a proposal by June 2024. |
| --- | --- |

10.

| 11. | Following the applicable procedures under the Treaties and subject to approval by Member States in accordance with their respective constitutional requirements, such additional new own resources are envisaged to be introduced by 1 January 2026. |
| --- | --- |

11.

| 12. | The Council will deliberate on these new own resources by 1 July 2025 at the latest in view of their introduction by 1 January 2026. |
| --- | --- |

12.

---

(1)  Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).

---

Thursday 17 December 2020

| 29.10.2021 | EN | Official Journal of the European Union | C 445/206 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/206

---

P9_TA(2020)0380

Amendments to the Rules of Procedure in order to ensure the functioning of Parliament in extraordinary circumstances

European Parliament decision of 17 December 2020 on amendments to the Rules of Procedure in order to ensure the functioning of Parliament in extraordinary circumstances (2020/2098(REG))

(2021/C 445/25)

The European Parliament,

| — | having regard to Rules 236 and 237 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 236 and 237 of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs (A9-0194/2020), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs (A9-0194/2020),

| 1. | Decides to amend its Rules of Procedure as shown below; |
| --- | --- |

1.

| 2. | Stresses that the sanitary crisis caused by the Covid-19 pandemic has revealed that its Rules of Procedure require more developed procedures in order to ensure the unlimited functioning of Parliament in different types of extraordinary circumstances; |
| --- | --- |

2.

| 3. | Underlines the importance of the temporary measures adopted, in compliance with the rule of law, by its President and its governing bodies in the current sanitary crisis, in order to cope with such extraordinary circumstances; stresses that there were no alternatives to those measures in order to guarantee the continuity of Parliament’s business as required by the Treaties, and that they allowed Parliament to carry out its legislative, budgetary and political control functions during the crisis in accordance with the procedures provided for by the Treaties; |
| --- | --- |

3.

| 4. | Stresses that those temporary measures were fully justified and that they ensured the validity of all votes taken during their period of application; |
| --- | --- |

4.

| 5. | Recalls the importance of ensuring, to the best of its ability, reasonable accommodation for Members with disabilities and their staff while Parliament is operating under extraordinary circumstances; |
| --- | --- |

5.

| 6. | Considers that the amendments shown below should be adopted by means of the alternative electronic voting system in accordance with the current temporary measures adopted by its President and its governing bodies for allowing it to function during the sanitary crisis caused by the Covid-19 pandemic; |
| --- | --- |

6.

| 7. | Decides that these amendments shall enter into force on 1 January 2021, but that they shall apply only from 18 January 2021, in order for the President and the Conference of Presidents to have the legal basis for adopting and approving in advance a decision under new Rule 237a(2), first subparagraph, so that the new provisions can be applied in full from the first day of their application, namely, at the opening of the first ordinary part-session of 2021; |
| --- | --- |

7.

| 8. | Instructs its President to forward this decision to the Council, to the Commission and to the national parliaments, for information. |
| --- | --- |

8.

Amendment 1

Parliament's Rules of Procedure

Title XIII a (new)

| Present text | Amendment |
| --- | --- |
| | |

Present text

Amendment

Amendment 2

Parliament's Rules of Procedure

Rule 237 a (new)

| Present text | Amendment |
| --- | --- |
| | Rule 237 a |
| | Extraordinary measures |
| | 1.
     
  This Rule applies to situations in which Parliament, due to exceptional and unforeseeable circumstances beyond its control, is hindered from carrying out its duties and exercising its prerogatives under the Treaties, and a temporary derogation from Parliament’s usual procedures, set out elsewhere in these Rules, is necessary in order to adopt extraordinary measures to enable Parliament to continue to carry out those duties and to exercise those prerogatives. |
| | Such extraordinary circumstances shall be considered to exist where the President comes to the conclusion, on the basis of reliable evidence confirmed, where appropriate, by Parliament’s services, that for reasons of security, or safety or as a result of the non-availability of technical means it is, or will be, impossible or dangerous for Parliament to convene in accordance with its usual procedures as set out elsewhere in these Rules and its adopted calendar. |
| | 2.
     
  Where the conditions set out in paragraph 1 are fulfilled, the President may decide, with the approval of the Conference of Presidents, to apply one or more of the measures referred to in paragraph 3. |
| | If it is impossible, due to reasons of imperative urgency, for the Conference of Presidents to convene in person or virtually, the President may decide to apply one or more of the measures referred to in paragraph 3. Such a decision shall lapse five days after its adoption unless approved by the Conference of Presidents within that period. |
| | Following a decision by the President, approved by the Conference of Presidents, Members or a political group or groups reaching at least the medium threshold may, at any time, request that some or all of the measures provided for in that decision be submitted individually to Parliament for approval without debate. The vote in plenary shall be placed on the agenda of the first sitting following the day on which the request was tabled. No amendments may be tabled. If a measure fails to obtain a majority of the votes cast, it shall lapse after the end of the part-session. A measure approved by the plenary may not be the subject of a further vote during the same part-session. |
| | 3.
     
  The decision referred to in paragraph 2 may provide for all appropriate measures in order to address the extraordinary circumstances referred to under paragraph 1, and in particular for the following measures: |
| | (a) | postponement of a scheduled part-session, sitting or meeting of a committee to a later date and/or cancellation or limitation of meetings of inter-parliamentary delegations and other bodies; |

Present text

Amendment

Rule 237 a

Extraordinary measures

1.
     
  This Rule applies to situations in which Parliament, due to exceptional and unforeseeable circumstances beyond its control, is hindered from carrying out its duties and exercising its prerogatives under the Treaties, and a temporary derogation from Parliament’s usual procedures, set out elsewhere in these Rules, is necessary in order to adopt extraordinary measures to enable Parliament to continue to carry out those duties and to exercise those prerogatives.

Such extraordinary circumstances shall be considered to exist where the President comes to the conclusion, on the basis of reliable evidence confirmed, where appropriate, by Parliament’s services, that for reasons of security, or safety or as a result of the non-availability of technical means it is, or will be, impossible or dangerous for Parliament to convene in accordance with its usual procedures as set out elsewhere in these Rules and its adopted calendar.

Such extraordinary circumstances shall be considered to exist where the President comes to the conclusion, on the basis of reliable evidence confirmed, where appropriate, by Parliament’s services, that for reasons of security, or safety or as a result of the non-availability of technical means it is, or will be, impossible or dangerous for Parliament to convene in accordance with its usual procedures as set out elsewhere in these Rules and its adopted calendar.

2.
     
  Where the conditions set out in paragraph 1 are fulfilled, the President may decide, with the approval of the Conference of Presidents, to apply one or more of the measures referred to in paragraph 3.

If it is impossible, due to reasons of imperative urgency, for the Conference of Presidents to convene in person or virtually, the President may decide to apply one or more of the measures referred to in paragraph 3. Such a decision shall lapse five days after its adoption unless approved by the Conference of Presidents within that period.

If it is impossible, due to reasons of imperative urgency, for the Conference of Presidents to convene in person or virtually, the President may decide to apply one or more of the measures referred to in paragraph 3. Such a decision shall lapse five days after its adoption unless approved by the Conference of Presidents within that period.

Following a decision by the President, approved by the Conference of Presidents, Members or a political group or groups reaching at least the medium threshold may, at any time, request that some or all of the measures provided for in that decision be submitted individually to Parliament for approval without debate. The vote in plenary shall be placed on the agenda of the first sitting following the day on which the request was tabled. No amendments may be tabled. If a measure fails to obtain a majority of the votes cast, it shall lapse after the end of the part-session. A measure approved by the plenary may not be the subject of a further vote during the same part-session.

Following a decision by the President, approved by the Conference of Presidents, Members or a political group or groups reaching at least the medium threshold may, at any time, request that some or all of the measures provided for in that decision be submitted individually to Parliament for approval without debate. The vote in plenary shall be placed on the agenda of the first sitting following the day on which the request was tabled. No amendments may be tabled. If a measure fails to obtain a majority of the votes cast, it shall lapse after the end of the part-session. A measure approved by the plenary may not be the subject of a further vote during the same part-session.

3.
     
  The decision referred to in paragraph 2 may provide for all appropriate measures in order to address the extraordinary circumstances referred to under paragraph 1, and in particular for the following measures:

(a)

(a)

postponement of a scheduled part-session, sitting or meeting of a committee to a later date and/or cancellation or limitation of meetings of inter-parliamentary delegations and other bodies;

postponement of a scheduled part-session, sitting or meeting of a committee to a later date and/or cancellation or limitation of meetings of inter-parliamentary delegations and other bodies;

| (b) | displacement of a part-session, sitting or meeting of a committee from Parliament’s seat to one of its working places or to an external place, or from one of its working places to Parliament’s seat, to one of Parliament’s other working places or to an external place; |
| --- | --- |

(b)

(b)

displacement of a part-session, sitting or meeting of a committee from Parliament’s seat to one of its working places or to an external place, or from one of its working places to Parliament’s seat, to one of Parliament’s other working places or to an external place;

displacement of a part-session, sitting or meeting of a committee from Parliament’s seat to one of its working places or to an external place, or from one of its working places to Parliament’s seat, to one of Parliament’s other working places or to an external place;

| (c) | holding a part-session or a sitting on the premises of Parliament in whole or in part in separate meeting rooms allowing for appropriate physical distancing; |
| --- | --- |

(c)

(c)

holding a part-session or a sitting on the premises of Parliament in whole or in part in separate meeting rooms allowing for appropriate physical distancing;

holding a part-session or a sitting on the premises of Parliament in whole or in part in separate meeting rooms allowing for appropriate physical distancing;

| (d) | holding a part session, sitting or meeting of bodies of Parliament under the remote participation regime laid down in Rule 237c; |
| --- | --- |

(d)

(d)

holding a part session, sitting or meeting of bodies of Parliament under the remote participation regime laid down in Rule 237c;

holding a part session, sitting or meeting of bodies of Parliament under the remote participation regime laid down in Rule 237c;

| (e) | in the event that the ad hoc replacement mechanism laid down in Rule 209(7) fails to provide sufficient remedies to address the extraordinary circumstances under consideration, temporary replacement of Members in a committee by political groups, unless the Members concerned oppose such temporary replacement. |
| --- | --- |

(e)

(e)

in the event that the ad hoc replacement mechanism laid down in Rule 209(7) fails to provide sufficient remedies to address the extraordinary circumstances under consideration, temporary replacement of Members in a committee by political groups, unless the Members concerned oppose such temporary replacement.

in the event that the ad hoc replacement mechanism laid down in Rule 209(7) fails to provide sufficient remedies to address the extraordinary circumstances under consideration, temporary replacement of Members in a committee by political groups, unless the Members concerned oppose such temporary replacement.

4.
     
  A decision referred to in paragraph 2 shall be limited in time and shall state the reasons on which it is based. It shall enter into force upon its publication on Parliament’s website or, if circumstances prevent such publication, upon its being made public by the best available alternative means.

All Members shall also be informed individually of the decision without delay.

All Members shall also be informed individually of the decision without delay.

The decision may be renewed by the President in accordance with the procedure under paragraph 2 once, or more than once, for a limited time. A decision to renew shall state the reasons on which it is based.

The decision may be renewed by the President in accordance with the procedure under paragraph 2 once, or more than once, for a limited time. A decision to renew shall state the reasons on which it is based.

The President shall revoke a decision adopted under this Rule as soon as the extraordinary circumstances referred to in paragraph 1 that gave rise to its adoption have disappeared.

The President shall revoke a decision adopted under this Rule as soon as the extraordinary circumstances referred to in paragraph 1 that gave rise to its adoption have disappeared.

5.
     
  This Rule shall be applied only as a last resort, and only measures that are strictly necessary to address the extraordinary circumstances under consideration shall be selected and applied.

When applying this Rule, due account shall be taken, in particular, of the principle of representative democracy, of the principle of equal treatment of Members, of the right of Members to exercise their parliamentary mandate without impairment, including their rights stemming from Rule 167 and their right to vote freely, individually and in person, and of Protocol No 6 on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union, annexed to the Treaties.

When applying this Rule, due account shall be taken, in particular, of the principle of representative democracy, of the principle of equal treatment of Members, of the right of Members to exercise their parliamentary mandate without impairment, including their rights stemming from Rule 167 and their right to vote freely, individually and in person, and of Protocol No 6 on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union, annexed to the Treaties.

Amendment 3

Amendment 3

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Rule 237 b (new)

Rule 237 b (new)

| Present text | Amendment |
| --- | --- |
| | Rule 237b |
| | Disturbance of the political balance in Parliament |
| | 1.
     
  The President may, with the approval of the Conference of Presidents, adopt measures necessary to facilitate the participation of Members or of a political group concerned if, on the basis of reliable evidence, the President comes to the conclusion that the political balance in Parliament is severely impaired because a significant number of Members or a political group cannot take part in Parliament’s proceedings in accordance with its usual procedures, as set out elsewhere in these Rules, for reasons of security or safety, or as a result of the non-availability of technical means. |
| | The sole aim of such measures shall be to allow the remote participation of Members concerned by the application of selected technical means under Rule 237c(1) or by other appropriate means serving the same purpose. |
| | 2.
     
  Measures under paragraph 1 may be adopted for the benefit of a significant number of Members if exceptional and unforeseeable circumstances beyond their control occurring in a regional context lead to their non-participation. |
| | Measures under paragraph 1 may also be adopted for the benefit of members of a political group if that group has requested them where the non-participation of that group results from exceptional and unforeseeable circumstances beyond that group’s control. |
| | 3.
     
  Rule 237a(2), second and third subparagraphs, and the rules and principles laid down in Rule 237a(4) and (5) shall apply accordingly. |

Present text

Present text

Amendment

Amendment

Rule 237b

Rule 237b

Disturbance of the political balance in Parliament

Disturbance of the political balance in Parliament

1.
     
  The President may, with the approval of the Conference of Presidents, adopt measures necessary to facilitate the participation of Members or of a political group concerned if, on the basis of reliable evidence, the President comes to the conclusion that the political balance in Parliament is severely impaired because a significant number of Members or a political group cannot take part in Parliament’s proceedings in accordance with its usual procedures, as set out elsewhere in these Rules, for reasons of security or safety, or as a result of the non-availability of technical means.

The sole aim of such measures shall be to allow the remote participation of Members concerned by the application of selected technical means under Rule 237c(1) or by other appropriate means serving the same purpose.

The sole aim of such measures shall be to allow the remote participation of Members concerned by the application of selected technical means under Rule 237c(1) or by other appropriate means serving the same purpose.

2.
     
  Measures under paragraph 1 may be adopted for the benefit of a significant number of Members if exceptional and unforeseeable circumstances beyond their control occurring in a regional context lead to their non-participation.

Measures under paragraph 1 may also be adopted for the benefit of members of a political group if that group has requested them where the non-participation of that group results from exceptional and unforeseeable circumstances beyond that group’s control.

Measures under paragraph 1 may also be adopted for the benefit of members of a political group if that group has requested them where the non-participation of that group results from exceptional and unforeseeable circumstances beyond that group’s control.

3.
     
  Rule 237a(2), second and third subparagraphs, and the rules and principles laid down in Rule 237a(4) and (5) shall apply accordingly.

Amendment 4

Amendment 4

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Rule 237 c (new)

Rule 237 c (new)

| Present text | Amendment |
| --- | --- |
| | Rule 237 c |
| | Remote participation regime |
| | 1.
     
  Where the President decides in accordance with Rule 237a(3), point (d), to apply the remote participation regime, Parliament may conduct its proceedings remotely inter alia by permitting all Members to exercise certain of their parliamentary rights by electronic means. |
| | Where the President decides in accordance with Rule 237b that selected technical means under the remote participation regime are to be used, this Rule shall apply only to the extent necessary and only to the Members concerned. |
| | 2.
     
  The remote participation regime shall ensure that: |
| | — | Members are able to exercise their parliamentary mandate, including, in particular, their right to speak in plenary and in the committees, to vote and to table texts, without impairment; |

Present text

Present text

Amendment

Amendment

Rule 237 c

Rule 237 c

Remote participation regime

Remote participation regime

1.
     
  Where the President decides in accordance with Rule 237a(3), point (d), to apply the remote participation regime, Parliament may conduct its proceedings remotely inter alia by permitting all Members to exercise certain of their parliamentary rights by electronic means.

Where the President decides in accordance with Rule 237b that selected technical means under the remote participation regime are to be used, this Rule shall apply only to the extent necessary and only to the Members concerned.

Where the President decides in accordance with Rule 237b that selected technical means under the remote participation regime are to be used, this Rule shall apply only to the extent necessary and only to the Members concerned.

2.
     
  The remote participation regime shall ensure that:

—

Members are able to exercise their parliamentary mandate, including, in particular, their right to speak in plenary and in the committees, to vote and to table texts, without impairment;

Members are able to exercise their parliamentary mandate, including, in particular, their right to speak in plenary and in the committees, to vote and to table texts, without impairment;

| — | all votes are cast by Members individually and in person; |
| --- | --- |

—

all votes are cast by Members individually and in person;

all votes are cast by Members individually and in person;

| — | the remote voting system enables Members to cast ordinary votes, roll call votes and secret ballots and to verify that their votes are counted as cast; |
| --- | --- |

—

the remote voting system enables Members to cast ordinary votes, roll call votes and secret ballots and to verify that their votes are counted as cast;

the remote voting system enables Members to cast ordinary votes, roll call votes and secret ballots and to verify that their votes are counted as cast;

| — | a uniform voting system is applied for all Members, regardless of whether they are present or not on Parliament’s premises; |
| --- | --- |

—

a uniform voting system is applied for all Members, regardless of whether they are present or not on Parliament’s premises;

a uniform voting system is applied for all Members, regardless of whether they are present or not on Parliament’s premises;

| — | Rule 167 is applied to the greatest extent possible; |
| --- | --- |

—

Rule 167 is applied to the greatest extent possible;

Rule 167 is applied to the greatest extent possible;

| — | the information technology solutions made available to Members and their staff are ‘technology neutral’; |
| --- | --- |

—

the information technology solutions made available to Members and their staff are ‘technology neutral’;

the information technology solutions made available to Members and their staff are ‘technology neutral’;

| — | participation of Members in parliamentary debates and votes takes place using secure electronic means that are managed and supervised by Parliament’s services directly and internally. |
| --- | --- |

—

participation of Members in parliamentary debates and votes takes place using secure electronic means that are managed and supervised by Parliament’s services directly and internally.

participation of Members in parliamentary debates and votes takes place using secure electronic means that are managed and supervised by Parliament’s services directly and internally.

3.
     
  When taking the decision referred to in paragraph 1, the President shall determine whether that regime applies to the exercise of Members’ rights in plenary only, or also to the exercise of Members’ rights in Parliament’s committees and/or other bodies.

The President shall also determine in his or her decision how rights and practices which cannot be exercised appropriately without the physical presence of Members are adapted for the duration of the regime.

The President shall also determine in his or her decision how rights and practices which cannot be exercised appropriately without the physical presence of Members are adapted for the duration of the regime.

These rights and practices concern, inter alia:

These rights and practices concern, inter alia:

| — | the manner in which attendance at a sitting or meeting is counted; |
| --- | --- |

—

the manner in which attendance at a sitting or meeting is counted;

the manner in which attendance at a sitting or meeting is counted;

| — | the conditions under which a request for a check of the quorum is made; |
| --- | --- |

—

the conditions under which a request for a check of the quorum is made;

the conditions under which a request for a check of the quorum is made;

| — | the tabling of texts; |
| --- | --- |

—

the tabling of texts;

the tabling of texts;

| — | requests for splits and separate votes; |
| --- | --- |

—

requests for splits and separate votes;

requests for splits and separate votes;

| — | the allocation of speaking time; |
| --- | --- |

—

the allocation of speaking time;

the allocation of speaking time;

| — | the scheduling of debates; |
| --- | --- |

—

the scheduling of debates;

the scheduling of debates;

| — | the presentation of, and the objection to, oral amendments; |
| --- | --- |

—

the presentation of, and the objection to, oral amendments;

the presentation of, and the objection to, oral amendments;

| — | the order of votes; |
| --- | --- |

—

the order of votes;

the order of votes;

| — | the deadlines and time limits for the setting of the agenda and for procedural motions. |
| --- | --- |

—

the deadlines and time limits for the setting of the agenda and for procedural motions.

the deadlines and time limits for the setting of the agenda and for procedural motions.

4.
     
  For the purposes of the application of the provisions of the Rules relating to quorum and voting in the Chamber, Members who are participating remotely shall be deemed to be physically present in the Chamber.

By way of derogation from Rule 171(11), Members who have not spoken in a debate may, once per sitting, hand in a written statement, which shall be appended to the verbatim report of the debate.

By way of derogation from Rule 171(11), Members who have not spoken in a debate may, once per sitting, hand in a written statement, which shall be appended to the verbatim report of the debate.

The President shall, where necessary, determine the manner in which the Chamber may be used by Members during the application of the remote participation regime, and in particular the maximum number of Members who can be physically present.

The President shall, where necessary, determine the manner in which the Chamber may be used by Members during the application of the remote participation regime, and in particular the maximum number of Members who can be physically present.

5.
     
  Where the President decides in accordance with paragraph 3, first subparagraph, to apply the remote participation regime to committees or other bodies, paragraph 4, first subparagraph, shall apply, mutatis mutandis.

6.
     
  The Bureau shall adopt measures concerning the operation and security of the electronic means used under this Rule, in accordance with the requirements and standards laid down in paragraph 2.

Amendment 5

Amendment 5

Parliament's Rules of Procedure

Parliament's Rules of Procedure

Rule 237 d (new)

Rule 237 d (new)

| Present text | Amendment |
| --- | --- |
| | Rule 237d




  Holding of a part-session or a sitting in separate meeting rooms




  Where the President decides in accordance with Rule 237a(3), point (c), to allow a part-session or a sitting to be held, in whole or in part, in more than one meeting room, including, where appropriate, the hemicycle, the following rules shall apply:








  — | the meeting rooms used in this context shall be considered to collectively constitute the Chamber; |

Present text

Present text

Amendment

Amendment

Rule 237d

Holding of a part-session or a sitting in separate meeting rooms

Where the President decides in accordance with Rule 237a(3), point (c), to allow a part-session or a sitting to be held, in whole or in part, in more than one meeting room, including, where appropriate, the hemicycle, the following rules shall apply:

—

the meeting rooms used in this context shall be considered to collectively constitute the Chamber;

| — | the President may, if necessary, determine the manner in which the respective meeting rooms can be used, in order to ensure that physical distancing requirements are respected. |
| --- | --- |

—

the President may, if necessary, determine the manner in which the respective meeting rooms can be used, in order to ensure that physical distancing requirements are respected.

---

III Preparatory acts

European Parliament

Monday 14 December 2020

| 29.10.2021 | EN | Official Journal of the European Union | C 445/213 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/213

---

P9_TA(2020)0338

Framework for the recovery and resolution of central counterparties ***II

European Parliament legislative resolution of 14 December 2020 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on a framework for the recovery and resolution of central counterparties and amending Regulations (EU) No 1095/2010, (EU) No 648/2012, (EU) No 600/2014, (EU) No 806/2014 and (EU) 2015/2365 and Directives 2002/47/EC, 2004/25/EC, 2007/36/EC, 2014/59/EU and (EU) 2017/1132 (09644/1/2020 — C9-0376/2020 — 2016/0365(COD))

(Ordinary legislative procedure: second reading)

(2021/C 445/26)

The European Parliament,

| — | having regard to the Council position at first reading (09644/1/2020 — C9-0376/2020), |
| --- | --- |

—

having regard to the Council position at first reading (09644/1/2020 — C9-0376/2020),

| — | having regard to the opinion of the European Economic and Social Committee of 29 March 2017 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 29 March 2017 (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2016)0856), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2016)0856),

| — | having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure,

| — | having regard to Rule 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs (A9-0242/2020), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs (A9-0242/2020),

| 1. | Approves the Council position at first reading; |
| --- | --- |

1.

| 2. | Notes that the act is adopted in accordance with the Council position; |
| --- | --- |

2.

| 3. | Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union; |
| --- | --- |

3.

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

4.

---

(1)  OJ C 209, 30.6.2017, p. 28.

(2)  Texts adopted, P8_TA(2019)0301.

---

Tuesday 15 December 2020

| 29.10.2021 | EN | Official Journal of the European Union | C 445/214 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/214

---

P9_TA(2020)0339

Nomination of Marek Opiola as a Member of the Court of Auditors

European Parliament decision of 15 December 2020 on the nomination of Marek Opiola as a Member of the Court of Auditors (C9-0350/2020 — 2020/0806(NLE))

(Consultation)

(2021/C 445/27)

The European Parliament,

| — | having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0350/2020), |
| --- | --- |

—

having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0350/2020),

| — | having regard to Rule 129 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 129 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgetary Control (A9-0249/2020), |
| --- | --- |

—

having regard to the report of the Committee on Budgetary Control (A9-0249/2020),

| A. | whereas, by letter of 5 November 2020, the Council consulted Parliament on the nomination of Marek Opiola as a Member of the Court of Auditors; |
| --- | --- |

A.

whereas, by letter of 5 November 2020, the Council consulted Parliament on the nomination of Marek Opiola as a Member of the Court of Auditors;

| B. | whereas Parliament’s Committee on Budgetary Control then proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union; |
| --- | --- |

B.

whereas Parliament’s Committee on Budgetary Control then proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;

| C. | whereas the committee subsequently held a hearing with the nominee on 7 December 2020, at which he made an opening statement and then answered questions put by the members of the committee; |
| --- | --- |

C.

whereas the committee subsequently held a hearing with the nominee on 7 December 2020, at which he made an opening statement and then answered questions put by the members of the committee;

| 1. | Delivers an unfavourable opinion on the Council's nomination of Marek Opiola as a Member of the Court of Auditors, and asks the Council to withdraw its nomination and submit a new one to Parliament; |
| --- | --- |

1.

| 2. | Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States. |
| --- | --- |

2.

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/215 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/215

---

P9_TA(2020)0340

Management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area ***I

European Parliament legislative resolution of 15 December 2020 on the proposal for a regulation of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area and amending Council Regulation (EC) No 520/2007 (COM(2020)0308 — C9-0203/2020 — 2020/0139(COD))

(Ordinary legislative procedure: first reading)

(2021/C 445/28)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2020)0308), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2020)0308),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0203/2020), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0203/2020),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 2 December 2020 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 2 December 2020 (1),

| — | having regard to Rules 59 and 52(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 59 and 52(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A9-0231/2020), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A9-0231/2020),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

---

(1)  Not yet published in the Official Journal.

---

P9_TC1-COD(2020)0139

Position of the European Parliament adopted at first reading on 15 December 2020 with a view to the adoption of Regulation (EU) 2021/... of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area and amending Council Regulation (EC) No 520/2007

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2021/56.)

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/216 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/216

---

P9_TA(2020)0341

Conclusion of the EU-Japan Civil Aviation Safety Agreement ***

European Parliament legislative resolution of 15 December 2020 on the draft Council decision on the conclusion of the Agreement on civil aviation safety between the European Union and Japan (09292/2020 — C9-0205/2020 — 2019/0275(NLE))

(Consent)

(2021/C 445/29)

The European Parliament,

| — | having regard to the draft Council decision (09292/2020), |
| --- | --- |

—

having regard to the draft Council decision (09292/2020),

| — | having regard to the draft Agreement on civil aviation safety between the European Union and Japan (15260/2019), |
| --- | --- |

—

having regard to the draft Agreement on civil aviation safety between the European Union and Japan (15260/2019),

| — | having regard to the request for consent submitted by the Council in accordance with Articles 100(2) and Article 218(6), second subparagraph, point (a)(v), and Article 218(7), of the Treaty on the Functioning of the European Union (C9-0205/2020), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Articles 100(2) and Article 218(6), second subparagraph, point (a)(v), and Article 218(7), of the Treaty on the Functioning of the European Union (C9-0205/2020),

| — | having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Transport and Tourism (A9-0239/2020), |
| --- | --- |

—

having regard to the recommendation of the Committee on Transport and Tourism (A9-0239/2020),

| 1. | Gives its consent to conclusion of the agreement; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission, and the governments and parliaments of the Member States and of Japan. |
| --- | --- |

2.

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/217 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/217

---

P9_TA(2020)0342

EC-Mauritania Fisheries Partnership Agreement: extension of the Protocol ***

European Parliament legislative resolution of 15 December 2020 on the draft Council decision on the conclusion of the Agreement in the form of an exchange of letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2020 (11260/20 — C9-0372/2020 — 2020/0274(NLE))

(Consent)

(2021/C 445/30)

The European Parliament,

| — | having regard to the draft Council decision (11260/20), |
| --- | --- |

—

having regard to the draft Council decision (11260/20),

| — | having regard to the Agreement in the form of an Exchange of Letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2020 (11315/20), |
| --- | --- |

—

having regard to the Agreement in the form of an Exchange of Letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2020 (11315/20),

| — | having regard to the request for consent submitted by the Council in accordance with Article 43(2) and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C9-0372/2020), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 43(2) and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C9-0372/2020),

| — | having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Budgets, |
| --- | --- |

—

having regard to the opinion of the Committee on Budgets,

| — | having regard to the recommendation of the Committee on Fisheries (A9-0244/2020), |
| --- | --- |

—

having regard to the recommendation of the Committee on Fisheries (A9-0244/2020),

| 1. | Gives its consent to the conclusion of the agreement; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Islamic Republic of Mauritania. |
| --- | --- |

2.

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/218 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/218

---

P9_TA(2020)0343

EU/Cook Islands Sustainable Fisheries Partnership Agreement: extension of the implementation Protocol ***

European Parliament legislative resolution of 15 December 2020 on the draft Council decision on the conclusion of the Agreement in the form of an exchange of letters between the European Union and the Government of the Cook Islands concerning an extension of the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands (11262/20 — C9-0368/2020 — 2020/0275(NLE))

(Consent)

(2021/C 445/31)

The European Parliament,

| — | having regard to the draft Council decision (11262/20), |
| --- | --- |

—

having regard to the draft Council decision (11262/20),

| — | having regard to the draft agreement in the form of an exchange of letters between the European Union and the Government of the Cook Islands concerning an extension of the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands (11271/20), |
| --- | --- |

—

having regard to the draft agreement in the form of an exchange of letters between the European Union and the Government of the Cook Islands concerning an extension of the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands (11271/20),

| — | having regard to the request for consent submitted by the Council in accordance with Article 43 and Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C9-0368/2020), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 43 and Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C9-0368/2020),

| — | having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Budgets, |
| --- | --- |

—

having regard to the opinion of the Committee on Budgets,

| — | having regard to the recommendation of the Committee on Fisheries (A9-0243/2020), |
| --- | --- |

—

having regard to the recommendation of the Committee on Fisheries (A9-0243/2020),

| 1. | Gives its consent to the conclusion of the agreement; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Cook Islands. |
| --- | --- |

2.

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/219 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/219

---

P9_TA(2020)0344

Quality of water intended for human consumption ***II

European Parliament legislative resolution of 15 December 2020 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast) (06230/3/2020 — C9-0354/2020 — 2017/0332(COD))

(Ordinary legislative procedure: second reading)

(2021/C 445/32)

The European Parliament,

| — | having regard to the Council position at first reading (06230/3/2020 — C9-0354/2020), |
| --- | --- |

—

having regard to the Council position at first reading (06230/3/2020 — C9-0354/2020),

| — | having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, the Irish Houses of the Oireachtas, the Austrian Federal Council and the United Kingdom House of Commons, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, the Irish Houses of the Oireachtas, the Austrian Federal Council and the United Kingdom House of Commons, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Economic and Social Committee of 12 July 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 12 July 2018 (1),

| — | having regard to the opinion of the Committee of the Regions of 16 May 2018 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 16 May 2018 (2),

| — | having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2017)0753), |
| --- | --- |

—

having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2017)0753),

| — | having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure,

| — | having regard to Rule 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A9-0241/2020), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A9-0241/2020),

| 1. | Approves the Council position at first reading; |
| --- | --- |

1.

| 2. | Takes note of the Commission statements annexed to this resolution; |
| --- | --- |

2.

| 3. | Notes that the act is adopted in accordance with the Council position; |
| --- | --- |

3.

| 4. | Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union; |
| --- | --- |

4.

| 5. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

5.

| 6. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

6.

---

(1)  OJ C 367, 10.10.2018, p. 107.

(2)  OJ C 361, 5.10.2018, p. 46.

(3)  Texts adopted, P8_TA(2019)0320.

---

ANNEX TO THE LEGISLATIVE RESOLUTION

DECLARATION BY THE COMMISSION ON DELEGATED ACTS IN THE DRINKING WATER DIRECTIVE

The Commission regrets the decision of the co-legislators to limit its empowerment to modify the annexes of the revised Drinking Water Directive to Annex III, whereas the Commission had sought an empowerment to modify Annexes I to IV in its original proposal (1).

The Commission specifically regrets that the co-legislators did not agree on an empowerment to amend Annex II, which is particularly necessary in light of the need to update the monitoring requirements set out in Annex II to scientific and technical progress.

DECLARATION BY THE COMMISSION ON THE PROCEDURE OF ADOPTION OF IMPLEMENTING ACTS

The Commission underlines that it is contrary to the letter and to the spirit of Regulation (EU) No 182/2011 (2) to invoke point (b) of the second subparagraph of Article 5(4), without proper justification. Recourse to this provision must respond to a specific need to depart from the rule of principle, which is that the Commission may adopt a draft implementing act when no opinion is delivered. Given that it is an exception to the general rule established in Article 5(4), it cannot be simply seen as a ‘discretionary power’ of the Legislator, but must be interpreted in a restrictive manner and thus must be justified.

---

(1)  COM(2017)0753.

(2)  OJ L 55, 28.2.2011, p. 13.

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/221 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/221

---

P9_TA(2020)0345

European Year of Rail (2021) ***I

European Parliament legislative resolution of 15 December 2020 on the proposal for a decision of the European Parliament and of the Council on a European Year of Rail (2021) (COM(2020)0078 — C9-0076/2020 — 2020/0035(COD))

(Ordinary legislative procedure: first reading)

(2021/C 445/33)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2020)0078), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2020)0078),

| — | having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0076/2020), |
| --- | --- |

—

having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0076/2020),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 16 July 2020 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 16 July 2020 (1),

| — | having regard to the opinion of the European Committee of the Regions of 14 October 2020 (2), |
| --- | --- |

—

having regard to the opinion of the European Committee of the Regions of 14 October 2020 (2),

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 18 November 2020 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 18 November 2020 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Regional Development and also the opinion of the Committee on Culture and Education, |
| --- | --- |

—

having regard to the opinion of the Committee on Regional Development and also the opinion of the Committee on Culture and Education,

| — | having regard to the report of the Committee on Transport and Tourism (A9-0191/2020), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism (A9-0191/2020),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

---

(1)  OJ C 364, 28.10.2020, p. 149.

(2)  Not yet published in the Official Journal.

---

P9_TC1-COD(2020)0035

Position of the European Parliament adopted at first reading on 15 December 2020 with a view to the adoption of Decision (EU) 2020/... of the European Parliament and of the Council on a European Year of Rail (2021)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision (EU) 2020/2228.)

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/222 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/222

---

P9_TA(2020)0346

Authorising the Commission to vote in favour of the capital increase of the European Investment Fund ***I

European Parliament legislative resolution of 15 December 2020 on the proposal for a decision of the European Parliament and of the Council authorising the Commission to vote in favour of the capital increase of the European Investment Fund (COM(2020)0774 — C9-0378/2020 — 2020/0343(COD))

(Ordinary legislative procedure: first reading)

(2021/C 445/34)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2020)0774), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2020)0774),

| — | having regard to Article 294(2) and Article 173(3) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0378/2020), |
| --- | --- |

—

having regard to Article 294(2) and Article 173(3) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0378/2020),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | after consulting the European Economic and Social Committee, |
| --- | --- |

—

after consulting the European Economic and Social Committee,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A9-0253/2020), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A9-0253/2020),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

---

P9_TC1-COD(2020)0343

Position of the European Parliament adopted at first reading on 15 December 2020 with a view to the adoption of Decision (EU) 2021/... of the European Parliament and of the Council authorising the Commission to vote in favour of an increase in the authorised capital of the European Investment Fund

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision (EU) 2021/8.)

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/223 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/223

---

P9_TA(2020)0347

Draft amending budget No 10/2020: Increase of payment appropriations and other adjustments to expenditure and revenue

European Parliament resolution of 15 December 2020 on the Council position on Draft amending budget No 10/2020 of the European Union for the financial year 2020 — Increase of payment appropriations in line with updated forecasts of expenditure and other adjustments to expenditure and revenue (13643/2020 — C9-0395/2020 — 2020/0298(BUD))

(2021/C 445/35)

The European Parliament,

| — | having regard to Article 314 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 314 of the Treaty on the Functioning of the European Union,

| — | having regard to Article 106a of the Treaty establishing the European Atomic Energy Community, |
| --- | --- |

—

having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

| — | having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof, |
| --- | --- |

—

having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,

| — | having regard to the general budget of the European Union for the financial year 2020, as definitively adopted on 27 November 2019 (2), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2020, as definitively adopted on 27 November 2019 (2),

| — | having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (3) (MFF Regulation), |
| --- | --- |

—

having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (3) (MFF Regulation),

| — | having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (4), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (4),

| — | having regard to Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (5), |
| --- | --- |

—

having regard to Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (5),

| — | having regard to Draft amending budget No 10/2020, which the Commission adopted on 9 October 2020 (COM(2020)0962), |
| --- | --- |

—

having regard to Draft amending budget No 10/2020, which the Commission adopted on 9 October 2020 (COM(2020)0962),

| — | having regard to the position on Draft amending budget No 10/2020 which the Council adopted on 8 December 2020 and forwarded to Parliament on 9 December 2020 (13643/2020 — C9-0395/2020), |
| --- | --- |

—

having regard to the position on Draft amending budget No 10/2020 which the Council adopted on 8 December 2020 and forwarded to Parliament on 9 December 2020 (13643/2020 — C9-0395/2020),

| — | having regard to Rules 94 and 96 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 94 and 96 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A9-0252/2020), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A9-0252/2020),

| A. | whereas the purpose of Draft amending budget No 10/2020 is to increase the level of payment appropriations in line with the updated forecast and after having taken into account the redeployments proposed in the ‘Global transfer’ (DEC 16/2020), to adjust the revenue side to incorporate the impact of exchange rate differences and additional fines collected, and to budget further more limited expenditure adjustments concerning the level of appropriations of the European Agriculture Guarantee Fund (EAGF) and some decentralised agencies (ESMA, EIOPA, EBA and ELA), |
| --- | --- |

A.

whereas the purpose of Draft amending budget No 10/2020 is to increase the level of payment appropriations in line with the updated forecast and after having taken into account the redeployments proposed in the ‘Global transfer’ (DEC 16/2020), to adjust the revenue side to incorporate the impact of exchange rate differences and additional fines collected, and to budget further more limited expenditure adjustments concerning the level of appropriations of the European Agriculture Guarantee Fund (EAGF) and some decentralised agencies (ESMA, EIOPA, EBA and ELA),

| B. | whereas Draft amending budget No 10/2020 proposes an overall increase in payment appropriations of EUR 1 569,3 million concerning headings 1a ‘Competitiveness for Growth and Jobs’, 1b ‘Economic, Social and Territorial Cohesion’, 2 ‘Sustainable Growth — Natural Resources’ and 4 ‘Global Europe’, |
| --- | --- |

B.

whereas Draft amending budget No 10/2020 proposes an overall increase in payment appropriations of EUR 1 569,3 million concerning headings 1a ‘Competitiveness for Growth and Jobs’, 1b ‘Economic, Social and Territorial Cohesion’, 2 ‘Sustainable Growth — Natural Resources’ and 4 ‘Global Europe’,

| C. | whereas payment appropriations of EUR 93,8 million will help honour the obligations of the Loan Guarantee Facility within COSME to support SMEs hit by economic consequences of the COVID-19 crisis, |
| --- | --- |

C.

whereas payment appropriations of EUR 93,8 million will help honour the obligations of the Loan Guarantee Facility within COSME to support SMEs hit by economic consequences of the COVID-19 crisis,

| D. | whereas EUR 750 million in additional payment appropriations under EAFRD will in particular finance lump-sum payments to provide relief to farmers and small and medium sized agri-businesses affected by the COVID-19 crisis, |
| --- | --- |

D.

whereas EUR 750 million in additional payment appropriations under EAFRD will in particular finance lump-sum payments to provide relief to farmers and small and medium sized agri-businesses affected by the COVID-19 crisis,

| E. | whereas payment appropriations of EUR 586 million will support the Global EU response to help partner countries via the Instrument for Pre-Accession Assistance (IPA II), the European Neighbourhood Instrument (ENI) and the Development Cooperation Instrument (DCI), |
| --- | --- |

E.

whereas payment appropriations of EUR 586 million will support the Global EU response to help partner countries via the Instrument for Pre-Accession Assistance (IPA II), the European Neighbourhood Instrument (ENI) and the Development Cooperation Instrument (DCI),

| F. | whereas the careful review of the budget implementation of decentralised agencies has identified savings, which contribute to reducing payment appropriations by EUR 9,1 million, |
| --- | --- |

F.

whereas the careful review of the budget implementation of decentralised agencies has identified savings, which contribute to reducing payment appropriations by EUR 9,1 million,

| G. | whereas fines and penalty payments of EUR 128 million cashed until the end of September 2020 have helped to reduce the own resources contributions from Member States to the Union budget, |
| --- | --- |

G.

whereas fines and penalty payments of EUR 128 million cashed until the end of September 2020 have helped to reduce the own resources contributions from Member States to the Union budget,

| H. | whereas the overall proposed impact of Draft amending budget No 10/2020 on the revenue side is a decrease of EUR 588 million in other revenue rebalanced by a corresponding increase in GNI contributions, |
| --- | --- |

H.

whereas the overall proposed impact of Draft amending budget No 10/2020 on the revenue side is a decrease of EUR 588 million in other revenue rebalanced by a corresponding increase in GNI contributions,

| 1. | Takes note of Draft amending budget No 10/2020 as submitted by the Commission, which is devoted, in the context of the COVID-19 crisis, to providing EUR 1 569,3 million in additional payment appropriations after having taken into account the redeployments proposed in the ‘Global transfer’, to adjust the revenue side and to budget further more limited expenditure adjustments; |
| --- | --- |

1.

| 2. | Approves the Council position on Draft amending budget No 10/2020; |
| --- | --- |

2.

| 3. | Instructs its President to declare that Amending budget No 9/2020 has been definitively adopted and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

3.

| 4. | Instructs its President to forward this resolution to the Council, the Commission and the national parliaments. |
| --- | --- |

4.

---

(1)  OJ L 193, 30.7.2018, p. 1.

(2)  OJ L 57, 27.2.2020.

(3)  OJ L 347, 20.12.2013, p. 884.

(4)  OJ C 373, 20.12.2013, p. 1.

(5)  OJ L 168, 7.6.2014, p. 105.

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/225 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/225

---

P9_TA(2020)0348

Non-objection to a delegated act: Official controls at the border control post where goods leave the Union and certain provisions on transit and transhipment

European Parliament decision to raise no objections to the Commission delegated regulation of 29 October 2020 amending Delegated Regulation (EU) 2019/2124 as regards official controls at the border control post where goods leave the Union and certain provisions on transit and transhipment (C(2020)07418 — 2020/2855(DEA))

(2021/C 445/36)

The European Parliament,

| — | having regard to the Commission delegated regulation of 29 October 2020 amending Delegated Regulation (EU) 2019/2124 as regards official controls at the border control post where goods leave the Union and certain provisions on transit and transhipment (C(2020)07418), |
| --- | --- |

—

having regard to the Commission delegated regulation of 29 October 2020 amending Delegated Regulation (EU) 2019/2124 as regards official controls at the border control post where goods leave the Union and certain provisions on transit and transhipment (C(2020)07418),

| — | having regard to the Commission’s letter of 6 November 2020 asking Parliament to declare that it will raise no objections to the delegated regulation, |
| --- | --- |

—

having regard to the Commission’s letter of 6 November 2020 asking Parliament to declare that it will raise no objections to the delegated regulation,

| — | having regard to the letter from the Committee on the Environment, Public Health and Food Safety to the Chair of the Conference of Committee Chairs of 2 December 2020, |
| --- | --- |

—

having regard to the letter from the Committee on the Environment, Public Health and Food Safety to the Chair of the Conference of Committee Chairs of 2 December 2020,

| — | having regard to Article 290 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 290 of the Treaty on the Functioning of the European Union,

| — | having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (1), and in particular points (b) and (d) of Article 51(1) and Article 144(6) thereof, |
| --- | --- |

—

having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (1), and in particular points (b) and (d) of Article 51(1) and Article 144(6) thereof,

| — | having regard to Rule 111(6) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 111(6) of its Rules of Procedure,

| — | having regard to the recommendation for a decision of the Committee on the Environment, Public Health and Food Safety, |
| --- | --- |

—

having regard to the recommendation for a decision of the Committee on the Environment, Public Health and Food Safety,

| — | having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 15 December 2020, |
| --- | --- |

—

having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 15 December 2020,

| A. | whereas Commission Delegated Regulation (EU) 2019/2124 (2) establishes rules for the performance of official controls by the competent authorities of the Member States (3) on consignments of animals and goods in transit, transhipment and onward transportation through the Union; |
| --- | --- |

A.

whereas Commission Delegated Regulation (EU) 2019/2124 (2) establishes rules for the performance of official controls by the competent authorities of the Member States (3) on consignments of animals and goods in transit, transhipment and onward transportation through the Union;

| B. | whereas points (b) and (d) of Article 51(1) of Regulation (EU) 2017/625 empower the Commission to adopt delegated acts concerning rules to establish the time limits and arrangements for carrying out documentary checks and, where necessary, identity checks and physical checks on categories of animals and goods subject to the official controls provided for in Article 47(1) of that Regulation which enter the Union by sea or by air transport from a third country, when those animals or goods are moved from a vessel or aircraft and are transported under customs supervision to another vessel or aircraft in the same port or airport in preparation for onward travel (‘transhipped consignments’) as well as rules to establish the cases where, and the conditions under which, the transit of consignments of the categories of animals and goods referred to in Article 47(1) of that Regulation may be authorised and certain official controls to be performed at border control posts on such consignments, including the cases and conditions for the storage of goods in specially approved customs warehouses or in free zones; |
| --- | --- |

B.

whereas points (b) and (d) of Article 51(1) of Regulation (EU) 2017/625 empower the Commission to adopt delegated acts concerning rules to establish the time limits and arrangements for carrying out documentary checks and, where necessary, identity checks and physical checks on categories of animals and goods subject to the official controls provided for in Article 47(1) of that Regulation which enter the Union by sea or by air transport from a third country, when those animals or goods are moved from a vessel or aircraft and are transported under customs supervision to another vessel or aircraft in the same port or airport in preparation for onward travel (‘transhipped consignments’) as well as rules to establish the cases where, and the conditions under which, the transit of consignments of the categories of animals and goods referred to in Article 47(1) of that Regulation may be authorised and certain official controls to be performed at border control posts on such consignments, including the cases and conditions for the storage of goods in specially approved customs warehouses or in free zones;

| C. | whereas, on 29 October 2020, the Commission transmitted to Parliament the delegated regulation, which opened the two-month scrutiny period for Parliament to object to that delegated regulation; |
| --- | --- |

C.

whereas, on 29 October 2020, the Commission transmitted to Parliament the delegated regulation, which opened the two-month scrutiny period for Parliament to object to that delegated regulation;

| D. | whereas, inter alia, the delegated regulation introduces flexibility in the management of official controls passing through Great Britain from a Member State to Ireland and vice versa (‘landbridge’), allowing for the use of national information management systems, thus contributing to reduced administrative burden for the Member States concerned; |
| --- | --- |

D.

whereas, inter alia, the delegated regulation introduces flexibility in the management of official controls passing through Great Britain from a Member State to Ireland and vice versa (‘landbridge’), allowing for the use of national information management systems, thus contributing to reduced administrative burden for the Member States concerned;

| E. | whereas the delegated regulation should enter into force as a matter of urgency and apply from 1 January 2021, in order to ensure that the measures provided in that regulation are effective after the transition period in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community ends on 31 December 2020; |
| --- | --- |

E.

whereas the delegated regulation should enter into force as a matter of urgency and apply from 1 January 2021, in order to ensure that the measures provided in that regulation are effective after the transition period in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community ends on 31 December 2020;

| 1. | Declares that it has no objections to the delegated regulation; |
| --- | --- |

1.

| 2. | Instructs its President to forward this decision to the Council and the Commission. |
| --- | --- |

2.

---

(1)  OJ L 95, 7.4.2017, p. 1.

(2)  Commission Delegated Regulation (EU) 2019/2124 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation through the Union, and amending Commission Regulations (EC) No 798/2008, (EC) No 1251/2008, (EC) No 119/2009, (EU) No 206/2010, (EU) No 605/2010, (EU) No 142/2011, (EU) No 28/2012, Commission Implementing Regulation (EU) 2016/759 and Commission Decision 2007/777/EC (OJ L 321, 12.12.2019, p. 73).

(3)  In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland / Northern Ireland in conjunction with Annex 2 to that Protocol, this Regulation applies to and in the United Kingdom in respect of Northern Ireland.

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/227 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/227

---

P9_TA(2020)0350

Non-objection to a delegated act: Identification mark to be used for certain products of animal origin in the United Kingdom in respect of Northern Ireland

European Parliament decision to raise no objections to the Commission delegated regulation of 7 December 2020 amending Annex II to Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards the identification mark to be used for certain products of animal origin in the United Kingdom in respect of Northern Ireland (C(2020)08765 — 2020/2907(DEA))

(2021/C 445/37)

The European Parliament,

| — | having regard to the Commission delegated regulation of 7 December 2020 amending Annex II to Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards the identification mark to be used for certain products of animal origin in the United Kingdom in respect of Northern Ireland (C(2020)08765), |
| --- | --- |

—

having regard to the Commission delegated regulation of 7 December 2020 amending Annex II to Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards the identification mark to be used for certain products of animal origin in the United Kingdom in respect of Northern Ireland (C(2020)08765),

| — | having regard to the Commission’s letter of 7 December 2020 asking Parliament to declare that it will raise no objections to the delegated regulation, |
| --- | --- |

—

having regard to the Commission’s letter of 7 December 2020 asking Parliament to declare that it will raise no objections to the delegated regulation,

| — | having regard to the letter from the Committee on the Environment, Public Health and Food Safety to the Chair of the Conference of Committee Chairs of 11 December 2020, |
| --- | --- |

—

having regard to the letter from the Committee on the Environment, Public Health and Food Safety to the Chair of the Conference of Committee Chairs of 11 December 2020,

| — | having regard to Article 290 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 290 of the Treaty on the Functioning of the European Union,

| — | having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (1), and in particular Articles 10(1) and 11a(6) thereof, |
| --- | --- |

—

having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (1), and in particular Articles 10(1) and 11a(6) thereof,

| — | having regard to Rule 111(6) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 111(6) of its Rules of Procedure,

| — | having regard to the recommendation for a decision of the Committee on the Environment, Public Health and Food Safety, |
| --- | --- |

—

having regard to the recommendation for a decision of the Committee on the Environment, Public Health and Food Safety,

| — | having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 15 December 2020, |
| --- | --- |

—

having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 15 December 2020,

| A. | whereas Regulation (EC) No 853/2004 lays down specific hygiene rules for food of animal origin for food business operators, and in particular Annex II to that Regulation sets out requirements concerning the identification mark to be applied by food business operators on certain products of animal origin, including requirements concerning the country codes to be used by Member States and third countries; |
| --- | --- |

A.

whereas Regulation (EC) No 853/2004 lays down specific hygiene rules for food of animal origin for food business operators, and in particular Annex II to that Regulation sets out requirements concerning the identification mark to be applied by food business operators on certain products of animal origin, including requirements concerning the country codes to be used by Member States and third countries;

| B. | whereas, in accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (Withdrawal Agreement), and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, Regulation (EC) No 853/2004, as well as the Commission acts based on it, applies to and in the United Kingdom in respect of Northern Ireland after the end of the transitional period; whereas, for that reason, it is necessary to amend the requirements laid down in Annex II to that Regulation concerning the identification mark that should be used in the United Kingdom in respect of Northern Ireland; |
| --- | --- |

B.

whereas, in accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (Withdrawal Agreement), and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, Regulation (EC) No 853/2004, as well as the Commission acts based on it, applies to and in the United Kingdom in respect of Northern Ireland after the end of the transitional period; whereas, for that reason, it is necessary to amend the requirements laid down in Annex II to that Regulation concerning the identification mark that should be used in the United Kingdom in respect of Northern Ireland;

| C. | whereas, on 7 December 2020, the Commission transmitted to Parliament the delegated regulation, which opened the two-month scrutiny period for Parliament to object to that delegated regulation; |
| --- | --- |

C.

whereas, on 7 December 2020, the Commission transmitted to Parliament the delegated regulation, which opened the two-month scrutiny period for Parliament to object to that delegated regulation;

| D. | whereas the delegated regulation adapts the identification mark to be applied on products of animal origin produced in Northern Ireland; |
| --- | --- |

D.

whereas the delegated regulation adapts the identification mark to be applied on products of animal origin produced in Northern Ireland;

| E. | whereas the delegated regulation should apply from 1 January 2021, in order to ensure that the measures provided in that regulation are effective after the transition period in the Withdrawal Agreement ends on 31 December 2020; |
| --- | --- |

E.

whereas the delegated regulation should apply from 1 January 2021, in order to ensure that the measures provided in that regulation are effective after the transition period in the Withdrawal Agreement ends on 31 December 2020;

| 1. | Declares that it has no objections to the delegated regulation; |
| --- | --- |

1.

| 2. | Instructs its President to forward this decision to the Council and the Commission. |
| --- | --- |

2.

---

(1)  OJ L 139, 30.4.2004, p. 55.

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/229 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/229

---

P9_TA(2020)0352

Non-objection to a delegated act: time-limits for lodging entry summary declarations and pre-departure declarations in case of transport by sea from and to the United Kingdom, the Channel Islands and the Isle of Man

European Parliament decision to raise no objections to the Commission delegated regulation of 20 November 2020 amending Delegated Regulation (EU) 2015/2446 as regards the time-limits for lodging entry summary declarations and pre-departure declarations in case of transport by sea from and to the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man (C(2020)08072 — 2020/2890(DEA))

(2021/C 445/38)

The European Parliament,

| — | having regard to Commission delegated regulation C(2020)08072, |
| --- | --- |

—

having regard to Commission delegated regulation C(2020)08072,

| — | having regard to the Commission’s letter of 26 November 2020 asking Parliament to declare that it will raise no objections to the delegated regulation, |
| --- | --- |

—

having regard to the Commission’s letter of 26 November 2020 asking Parliament to declare that it will raise no objections to the delegated regulation,

| — | having regard to the letter from the Committee on the Internal Market and Consumer Protection to the Chair of the Conference of Committee Chairs of 2 December 2020, |
| --- | --- |

—

having regard to the letter from the Committee on the Internal Market and Consumer Protection to the Chair of the Conference of Committee Chairs of 2 December 2020,

| — | having regard to Article 290 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 290 of the Treaty on the Functioning of the European Union,

| — | having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 131, point (b), Article 265, point (a) and Article 284(5) thereof, |
| --- | --- |

—

having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 131, point (b), Article 265, point (a) and Article 284(5) thereof,

| — | having regard to Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (2), |
| --- | --- |

—

having regard to Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (2),

| — | having regard to Rule 111(6) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 111(6) of its Rules of Procedure,

| — | having regard to the recommendation for a decision of the Committee on the Internal Market and Consumer Protection, |
| --- | --- |

—

having regard to the recommendation for a decision of the Committee on the Internal Market and Consumer Protection,

| — | having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 15 December 2020, |
| --- | --- |

—

having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 15 December 2020,

| A. | whereas the delegated regulation sets out the time-limits within which economic operators must provide the customs authorities of the Member States with certain safety and security data on movements of goods by sea with origin or destination in the United Kingdom; |
| --- | --- |

A.

whereas the delegated regulation sets out the time-limits within which economic operators must provide the customs authorities of the Member States with certain safety and security data on movements of goods by sea with origin or destination in the United Kingdom;

| B. | whereas the negotiations of a future Trade Agreement with the United Kingdom have not produced, at the date of approval of the delegated regulation, an agreement to waive the obligation to file the advanced security data on goods to be moved by sea that have their origin or destination in the United Kingdom; |
| --- | --- |

B.

whereas the negotiations of a future Trade Agreement with the United Kingdom have not produced, at the date of approval of the delegated regulation, an agreement to waive the obligation to file the advanced security data on goods to be moved by sea that have their origin or destination in the United Kingdom;

| C. | whereas a measure with an identical purpose to that of the delegated regulation was adopted by the Commission on 19 December 2018 (3) in order to prepare for a possible situation in which there was no agreement for the orderly withdrawal of the United Kingdom from the Union, although the conclusion of a withdrawal agreement rendered that text redundant; |
| --- | --- |

C.

whereas a measure with an identical purpose to that of the delegated regulation was adopted by the Commission on 19 December 2018 (3) in order to prepare for a possible situation in which there was no agreement for the orderly withdrawal of the United Kingdom from the Union, although the conclusion of a withdrawal agreement rendered that text redundant;

| D. | whereas the delegated regulation should enter into force as soon as possible in order to ensure the smooth daily operation of customs administrations and economic operators after the end of the transition period; |
| --- | --- |

D.

whereas the delegated regulation should enter into force as soon as possible in order to ensure the smooth daily operation of customs administrations and economic operators after the end of the transition period;

| 1. | Declares that it has no objections to the delegated regulation; |
| --- | --- |

1.

| 2. | Instructs its President to forward this decision to the Council and the Commission. |
| --- | --- |

2.

---

(1)  OJ L 269, 10.10.2013, p. 1.

(2)  OJ L 343, 29.12.2015, p. 1.

(3)  Commission Delegated Regulation (EU) 2019/334 of 19 December 2018 amending Delegated Regulation (EU) 2015/2446 as regards the time-limits for lodging entry summary declarations and pre-departure declarations in case of transport by sea from and to the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man (OJ L 60, 28.2.2019, p. 1).

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/231 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/231

---

P9_TA(2020)0353

Non objection to a delegated act: The 2020 update of the taxonomy laid down in the regulatory technical standards for the single electronic reporting format

European Parliament decision to raise no objections to the Commission Delegated Regulation of 6 November 2020 amending Delegated Regulation (EU) 2019/815 as regards the 2020 update of the taxonomy laid down in the regulatory technical standards for the single electronic reporting format (C(2020)7523 — 2020/2865(DEA))

(2021/C 445/39)

The European Parliament,

| — | having regard to Commission Delegated Regulation (C(2020)7523), |
| --- | --- |

—

having regard to Commission Delegated Regulation (C(2020)7523),

| — | having regard to the Commission’s letter of 18 November 2020 asking Parliament to declare that it will raise no objections to the delegated regulation, |
| --- | --- |

—

having regard to the Commission’s letter of 18 November 2020 asking Parliament to declare that it will raise no objections to the delegated regulation,

| — | having regard to the letter from the Committee on Legal Affairs to the Chair of the Conference of Committee Chairs of 4 December 2020, |
| --- | --- |

—

having regard to the letter from the Committee on Legal Affairs to the Chair of the Conference of Committee Chairs of 4 December 2020,

| — | having regard to Article 290 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 290 of the Treaty on the Functioning of the European Union,

| — | having regard to Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (1), in particular Article 4(7) thereof, |
| --- | --- |

—

having regard to Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (1), in particular Article 4(7) thereof,

| — | having regard to Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (2), and in particular Article 13(2) thereof, |
| --- | --- |

—

having regard to Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (2), and in particular Article 13(2) thereof,

| — | having regard to the draft regulatory technical standards submitted by the European Securities and Markets Authority to the Commission on 18 June 2020, |
| --- | --- |

—

having regard to the draft regulatory technical standards submitted by the European Securities and Markets Authority to the Commission on 18 June 2020,

| — | having regard to Rule 111(6) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 111(6) of its Rules of Procedure,

| — | having regard to the recommendation for a decision of the Committee on Legal Affairs, |
| --- | --- |

—

having regard to the recommendation for a decision of the Committee on Legal Affairs,

| — | having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 15 December 2020, |
| --- | --- |

—

having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 15 December 2020,

| A. | Whereas Commission Delegated Regulation (EU) 2019/815 specifies the single electronic reporting format, referred to in Article 4(7) of Directive 2004/109/EC, to be used by issuers in drawing up their annual financial reports; |
| --- | --- |

A.

Whereas Commission Delegated Regulation (EU) 2019/815 specifies the single electronic reporting format, referred to in Article 4(7) of Directive 2004/109/EC, to be used by issuers in drawing up their annual financial reports;

| B. | Whereas the basic taxonomy to be used for the single electronic reporting format is based on and extended by the International Financial Reporting Standards (IFRS) taxonomy; the IFRS Foundation shall update the IFRS taxonomy annually to take into account, among other developments, the publication of new IFRS or amendments to existing ones, the analysis of information that is generally transmitted in practice and improvements to be made to the general content of that taxonomy or the technology used; |
| --- | --- |

B.

Whereas the basic taxonomy to be used for the single electronic reporting format is based on and extended by the International Financial Reporting Standards (IFRS) taxonomy; the IFRS Foundation shall update the IFRS taxonomy annually to take into account, among other developments, the publication of new IFRS or amendments to existing ones, the analysis of information that is generally transmitted in practice and improvements to be made to the general content of that taxonomy or the technology used;

| C. | Whereas the Commission delegated regulation of 6 November 2020 provides that it shall be applicable to annual financial reports containing financial statements for financial years beginning on or after 1 January 2021; whereas issuers will be allowed to adopt the taxonomy specified in that regulation for financial years beginning on or after 1 January 2020; |
| --- | --- |

C.

Whereas the Commission delegated regulation of 6 November 2020 provides that it shall be applicable to annual financial reports containing financial statements for financial years beginning on or after 1 January 2021; whereas issuers will be allowed to adopt the taxonomy specified in that regulation for financial years beginning on or after 1 January 2020;

| D. | Whereas Parliament and the Council should have three months from the date of notification of a delegated act to object to it. |
| --- | --- |

D.

Whereas Parliament and the Council should have three months from the date of notification of a delegated act to object to it.

| E. | Whereas the delegated act was notified by the Commission on 6 November 2020 and therefore the three-month period for possible objections from Parliament or the Council will expire after 1 January 2021, the date set by the delegated act for its entry into force; |
| --- | --- |

E.

Whereas the delegated act was notified by the Commission on 6 November 2020 and therefore the three-month period for possible objections from Parliament or the Council will expire after 1 January 2021, the date set by the delegated act for its entry into force;

| F. | Whereas there are no grounds for objecting to the delegated act; |
| --- | --- |

F.

Whereas there are no grounds for objecting to the delegated act;

| 1. | Declares that it has no objections to the delegated regulation; |
| --- | --- |

1.

| 2. | Instructs its President to forward this decision to the Council and the Commission. |
| --- | --- |

2.

---

(1)  OJ L 390, 31.12.2004, p. 38.

(2)  OJ L 331, 15.12.2010, p. 84.

---

Wednesday 16 December 2020

| 29.10.2021 | EN | Official Journal of the European Union | C 445/233 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/233

---

P9_TA(2020)0354

Transitional provisions for support from the EAFRD and EAGF in the years 2021 and 2022 ***I

European Parliament legislative resolution of 16 December 2020 on the proposal for a regulation of the European Parliament and of the Council laying down certain transitional provisions for the support by the European Agricultural Fund for Rural Development (EAFRD) and by the European Agricultural Guarantee Fund (EAGF) in the year 2021 and amending Regulations (EU) No 228/2013, (EU) No 229/2013 and (EU) No 1308/2013 as regards resources and their distribution in respect of the year 2021 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards their resources and application in the year 2021 (COM(2019)0581 — C9-0162/2019 — 2019/0254(COD))

(Ordinary legislative procedure: first reading)

(2021/C 445/40)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2019)0581), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2019)0581),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0162/2019), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0162/2019),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the Court of Auditors of 26 February 2020 (1), |
| --- | --- |

—

having regard to the opinion of the Court of Auditors of 26 February 2020 (1),

| — | having regard to the opinion of the European Economic and Social Committee of 7 May 2020 (2), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 7 May 2020 (2),

| — | after consulting the Committee of the Regions, |
| --- | --- |

—

after consulting the Committee of the Regions,

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure, and the information from the Council on approval of Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure, and the information from the Council on approval of Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Regional Development, |
| --- | --- |

—

having regard to the opinion of the Committee on Regional Development,

| — | having regard to the letter from the Committee on Budgets, |
| --- | --- |

—

having regard to the letter from the Committee on Budgets,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A9-0101/2020), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A9-0101/2020),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Approves its statements annexed to this resolution; |
| --- | --- |

2.

| 3. | Approves the joint statements by Parliament and the Council annexed to this resolution; |
| --- | --- |

3.

| 4. | Takes note of the statements by the Commission annexed to this resolution; |
| --- | --- |

4.

| 5. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

5.

| 6. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

6.

---

(1)  OJ C 109, 1.4.2020, p. 1.

(2)  OJ C 232, 14.7.2020, p. 29.

---

P9_TC1-COD(2019)0254

Position of the European Parliament adopted at first reading on 16 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2020/2220.)

---

ANNEX TO THE LEGISLATIVE RESOLUTION

Statement by the European Parliament on CAP transitional arrangements and the Multiannual Financial Framework

Crisis reserve fund

Since its establishment in 2014, the reserve for crises in the agricultural sector has never been activated due to the mechanism of financial discipline provided for in Article 25 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council, according to which funding for that reserve is drawn at the beginning of each year from the total amount of direct payments. Unused money is returned to direct payments at the end of the year. As a result, the reserve has never been used in order to avoid withholding resources from farmers.

Established to assist farmers with price or market instability, the fact that the reserve has never been activated is testament to the limitation of its financial structure and operation. The increasing frequency of economic, as well as adverse climate and sanitary, conditions resulting in significant market disruption, demonstrates the urgent need for a fully-functioning crisis reserve fund, which can be activated and made available in a responsive and efficient manner.

The European Parliament stresses that a fully-financed crisis reserve fund, initially established at EUR 400 million in addition to the EAGF and EAFRD budgets, which is cumulative, with unused funds carried over and added to the following year across the programming period, would function more effectively and with greater impact to provide timely crisis assistance and the funding of targeted measures for the sectors affected.

POSEI and Aegean islands

Due to their geographical situation, in particular their remoteness, insularity, small size, difficult topography and climate, the outermost regions, as referred to in Article 349 of the Treaty on the Functioning of the European Union, are faced with specific socio-economic problems related to the supply of food and agricultural products essential for consumption or agricultural production. Specific measures in the agricultural sector to remedy the difficulties caused by that specific situation, as provided for in that Article, were established in Regulation (EU) No 228/2013 of the European Parliament and of the Council. Furthermore the scheme for specific measures for agriculture in favour of the smaller Aegean islands provided for under Regulation (EU) No 229/2013 of the European Parliament and of the Council also tackles the same issues but in a different geographical location.

The importance of specific measures and opportunities in those regions and islands justifies the level of special support which is crucial for the successful implementation of those measures. Therefore, taking into account the public commitments previously given by the Commission to those regions and islands, the European Parliament calls for the undisturbed continuation of the very successful programmes run under Regulations (EU) No 228/2013 and (EU) No 229/2013 and the maintenance of at least the current level of support for those regions and islands. In that way, the Union would show its solidarity and commitment to those regions and islands facing specific disadvantages.

Statement by the European Parliament on interbranch organisations in the outermost regions

Given their very small size and their insularity, local markets in the outermost regions are particularly vulnerable to price fluctuations linked to import flows from the rest of the Union or from third countries. Article 349 of the Treaty on the Functioning of the European Union (TFEU) recognises the special needs of the outermost regions and sets out the basis for a legislative framework to help them tackle their particular situations. This is further addressed in Regulation (EU) No 228/2013 of the European Parliament and of the Council. In particular, since the use of interbranch organisations has shown potential for addressing the specific needs of the agricultural production sectors in the outermost regions, flexibility in the implementation of the relevant provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council in those regions should already be allowed in order to fully harness the resources allocated by this Transitional Regulation to those regions. Therefore, the interbranch organisations which are recognised under Article 157 of Regulation (EU) No 1308/2013 and are deemed representative should have the possibility to take the necessary collective measures designed to ensure that local production remains competitive on the local markets in question and sustainable. To that end, notwithstanding Articles 28, 29 and 110 TFEU and Article 165 of Regulation (EU) No 1308/2013, and without prejudice to Article 164 of that Regulation and based on Article 349 TFEU as interpreted by the Court of Justice of the European Union in its judgment in joined cases C-132/14 to C-136/14, the European Parliament emphasises the importance of exploring all appropriate instruments in order to allow the Member States concerned, in the context of extended interbranch agreements and after consultation with the stakeholders concerned, to make individual operators or groups of economic operators who are not members of the interbranch organisation concerned but which operate on the local market in question, irrespective of their origin, pay that organisation all or part of the financial contributions paid by its members, including in cases where the proceeds of those contributions fund measures to maintain only local production or where the contributions are levied at a different stage in the marketing process.

Joint statement by the European Parliament and the Council on the outermost regions and smaller Aegean islands

The European Parliament and the Council recall:

| — | the importance of specific measures for the outermost regions, in accordance with Article 349 of the Treaty on the Functioning of the European Union and Regulation (EU) No 228/2013 of the European Parliament and of the Council, to take account of the special characteristics of those regions; |
| --- | --- |

—

the importance of specific measures for the outermost regions, in accordance with Article 349 of the Treaty on the Functioning of the European Union and Regulation (EU) No 228/2013 of the European Parliament and of the Council, to take account of the special characteristics of those regions;

| — | the importance of specific measures for agriculture in favour of the smaller Aegean islands established under Regulation (EU) No 229/2013 of the European Parliament and of the Council; and |
| --- | --- |

—

the importance of specific measures for agriculture in favour of the smaller Aegean islands established under Regulation (EU) No 229/2013 of the European Parliament and of the Council; and

| — | that the above issues justify special support for those regions and islands, in order to implement appropriate measures. |
| --- | --- |

—

that the above issues justify special support for those regions and islands, in order to implement appropriate measures.

Joint statement by the European Parliament and the Council on EU funding arrangements for POSEI and the smaller Aegean islands

The European Parliament and the Council underline that the EU funding arrangements for POSEI and the smaller Aegean islands included in this Transitional Regulation for 2021 and 2022 are exceptional, reflecting the particularity of the circumstances, and do not constitute a precedent for future CAP financing, neither for the outermost regions and the smaller Aegean islands, nor for direct payments.

Statement by the Commission on the marketing rules on olive oil

The Commission takes note of the political agreement between Parliament and Council on the Parliament’s amendment 106, inserting a new Article 167a into the CMO Regulation regarding the olive oil sector. The Commission notes that this amendment agreed by Parliament and Council is not in line with the principle of continuity of current rules that governs the Transitional Regulation, is substantive in nature and has been included by the co-legislators without an impact assessment as required by point 15 of the Inter-Institutional Agreement on Better Law-Making. The Commission recalls its commitment to maintain effective competition in the agricultural sector and to give full effect to the objectives of the CAP laid down in Article 39 of the Treaty on the Functioning of the European Union.

Statement by the Commission on ANC payments

The Commission takes note of the agreement between the co-legislators that the EURI funds, when integrated into the EAFRD, may be used to finance payments for areas facing natural or other specific constraints (ANC payments).

The Commission has already stated its concerns about the limited contribution of ANC payments to environmental and climate objectives, considering that farmers do not have to carry out any specific practices to receive the payment. For this reason, the inclusion of ANC payments under the part of the EURI funds dedicated to contribute to environmental and climate objectives should not be considered as a precedent during the negotiations on the future CAP.

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/237 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/237

---

P9_TA(2020)0355

Additional resources in the context of the COVID-19 pandemic: REACT-EU ***I

European Parliament legislative resolution of 16 December 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards exceptional additional resources and implementing arrangements under the Investment for growth and jobs goal to provide assistance for fostering crisis repair in the context of the COVID-19 pandemic and preparing a green, digital and resilient recovery of the economy (REACT-EU) (COM(2020)0451 — C9-0149/2020 — 2020/0101(COD))

(Ordinary legislative procedure: first reading)

(2021/C 445/41)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2020)0451), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2020)0451),

| — | having regard to Article 294(2) and Articles 177 and 322(1)(a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0149/2020), |
| --- | --- |

—

having regard to Article 294(2) and Articles 177 and 322(1)(a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0149/2020),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the Court of Auditors of 13 July 2020 (1), |
| --- | --- |

—

having regard to the opinion of the Court of Auditors of 13 July 2020 (1),

| — | after consulting the European Economic and Social Committee, |
| --- | --- |

—

after consulting the European Economic and Social Committee,

| — | having regard to the opinion of the Committee of the Regions of 14 October 2020 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 14 October 2020 (2),

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the information from the Council on approval of Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the information from the Council on approval of Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on Employment and Social Affairs and the Committee on Budgets, |
| --- | --- |

—

having regard to the opinions of the Committee on Employment and Social Affairs and the Committee on Budgets,

| — | having regard to the report of the Committee on Regional Development (A9-0150/2020), |
| --- | --- |

—

having regard to the report of the Committee on Regional Development (A9-0150/2020),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

---

(1)  OJ C 272, 17.8.2020, p. 1.

(2)  Not yet published in the Official Journal.

---

P9_TC1-COD(2020)0101

Position of the European Parliament adopted at first reading on 16 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards additional resources and implementing arrangements to provide assistance for fostering crisis repair in the context of the COVID-19 pandemic and its social consequences and for preparing a green, digital and resilient recovery of the economy (REACT-EU)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2020/2221.)

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/238 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/238

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P9_TA(2020)0356

Regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in Member States ***II

European Parliament legislative resolution of 16 December 2020 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on a general regime of conditionality for the protection of the Union budget (09980/1/2020 — C9-0407/2020 — 2018/0136(COD))

(Ordinary legislative procedure: second reading)

(2021/C 445/42)

The European Parliament,

| — | having regard to the Council position at first reading (09980/1/2020 — C9-0407/2020), |
| --- | --- |

—

having regard to the Council position at first reading (09980/1/2020 — C9-0407/2020),

| — | having regard to the opinion of the Court of Auditors of 17 August 2018 (1), |
| --- | --- |

—

having regard to the opinion of the Court of Auditors of 17 August 2018 (1),

| — | having regard to the opinion of the Commission (COM(2020)0843), |
| --- | --- |

—

having regard to the opinion of the Commission (COM(2020)0843),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2018)0324), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2018)0324),

| — | having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

| — | having regard to the provisional agreement approved by the committees responsible under Rule 74(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to the provisional agreement approved by the committees responsible under Rule 74(4) of its Rules of Procedure,

| — | having regard to Rule 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Budgets and the Committee on Budgetary Control (A9-0262/2020), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Budgets and the Committee on Budgetary Control (A9-0262/2020),

| 1. | Approves the Council position at first reading; |
| --- | --- |

1.

| 2. | Approves the joint statement by Parliament, the Council and the Commission annexed to this resolution; |
| --- | --- |

2.

| 3. | Takes note of the Commission statement annexed to this resolution; |
| --- | --- |

3.

| 4. | Notes that the act is adopted in accordance with the Council position; |
| --- | --- |

4.

| 5. | Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union; |
| --- | --- |

5.

| 6. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

6.

| 7. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

7.

---

(1)  OJ C 291, 17.8.2018, p. 1.

(2)  Texts adopted of 4.4.2019, P8_TA(2019)0349.

---

ANNEX TO THE LEGISLATIVE RESOLUTION

Joint statement by Parliament, the Council and the Commission

Without prejudice to the Commission's right of initiative, the European Parliament, the Council and Commission agree to consider including the content of this Regulation into Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 (the ‘Financial Regulation’) upon its next revision.

Commission statement

The Commission agrees to consider accompanying the report to the European Parliament and the Council on the application of this Regulation by appropriate proposals where necessary.

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/240 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/240

---

P9_TA(2020)0357

Council regulation laying down the multiannual financial framework for the years 2021 to 2027 ***

European Parliament legislative resolution of 16 December 2020 on the draft Council regulation laying down the multiannual financial framework for the years 2021 to 2027 (09970/2020 — C9-0409/2020 — 2018/0166(APP))

(Special legislative procedure — consent)

(2021/C 445/43)

The European Parliament,

| — | having regard to the draft Council regulation (09970/2020), |
| --- | --- |

—

having regard to the draft Council regulation (09970/2020),

| — | having regard to the request for consent submitted by the Council in accordance with Article 312 of the Treaty on the Functioning of the European Union (TFEU) and Article 106a of the Treaty establishing the European Atomic Energy Community (C9-0409/2020), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 312 of the Treaty on the Functioning of the European Union (TFEU) and Article 106a of the Treaty establishing the European Atomic Energy Community (C9-0409/2020),

| — | having regard to its resolution of 14 November 2018 on the multiannual financial framework 2021-2027 — Parliament’s position with a view to an agreement (1), |
| --- | --- |

—

having regard to its resolution of 14 November 2018 on the multiannual financial framework 2021-2027 — Parliament’s position with a view to an agreement (1),

| — | having regard to its resolution of 10 October 2019 on the 2021-2027 multiannual financial framework and own resources: time to meet citizens' expectations (2), |
| --- | --- |

—

having regard to its resolution of 10 October 2019 on the 2021-2027 multiannual financial framework and own resources: time to meet citizens' expectations (2),

| — | having regard to its resolution of 23 July 2020 on the conclusions of the extraordinary European Council meeting of 17-21 July 2020 (3), |
| --- | --- |

—

having regard to its resolution of 23 July 2020 on the conclusions of the extraordinary European Council meeting of 17-21 July 2020 (3),

| — | having regard to Rules 92 and 105(1) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 92 and 105(1) and (4) of its Rules of Procedure,

| — | having regard to the letters from the Committee on the Environment, Public Health and Food Safety and the Committee on Constitutional Affairs, |
| --- | --- |

—

having regard to the letters from the Committee on the Environment, Public Health and Food Safety and the Committee on Constitutional Affairs,

| — | having regard to the recommendation of the Committee on Budgets (A9-0260/2020), |
| --- | --- |

—

having regard to the recommendation of the Committee on Budgets (A9-0260/2020),

| 1. | Gives its consent to the draft Council regulation laying down the multiannual financial framework for the years 2021 to 2027 as set out in annex to this resolution; |
| --- | --- |

1.

| 2. | Approves the joint declarations by Parliament, the Council and the Commission annexed to this resolution; |
| --- | --- |

2.

| 3. | Approves its declaration annexed to this resolution; |
| --- | --- |

3.

| 4. | Takes note of the Commission declarations annexed to this resolution; |
| --- | --- |

4.

| 5. | Instructs its President to sign, together with the President of the Council and the President of the Commission, the joint declaration of the European Parliament, the Council and the Commission on budgetary scrutiny of new proposals based on Article 122 TFEU with potential appreciable implications for the Union budget; |
| --- | --- |

5.

| 6. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

6.

---

(1)  OJ C 363, 28.10.2020, p. 179.

(2)  Texts adopted, P9_TA(2019)0032.

(3)  Texts adopted, P9_TA(2020)0206.

---

ANNEX 1: DRAFT COUNCIL REGULATION LAYING DOWN THE MULTIANNUAL FINANCIAL FRAMEWORK FOR THE YEARS 2021-2027

COUNCIL REGULATION (EU, Euratom) 2020/...

of ...

laying down the multiannual financial framework for the years 2021 to 2027

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 312 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament (1),

After transmission of the draft legislative act to the national parliaments,

After consulting the European Economic and Social Committee,

After consulting the Committee of the Regions,

Acting in accordance with a special legislative procedure,

Whereas:

| (1) | Taking into account the need for an adequate level of predictability for preparing and implementing medium-term investments, the duration of the multiannual financial framework (MFF) should be set at seven years starting on 1 January 2021. |
| --- | --- |

(1)

Taking into account the need for an adequate level of predictability for preparing and implementing medium-term investments, the duration of the multiannual financial framework (MFF) should be set at seven years starting on 1 January 2021.

| (2) | The economic impact of the COVID-19 crisis requires the Union to provide a long-term financial framework paving the way to a fair and inclusive transition to a green and digital future, supporting the Union's longer-term strategic autonomy and making it resilient to shocks in the future. |
| --- | --- |

(2)

The economic impact of the COVID-19 crisis requires the Union to provide a long-term financial framework paving the way to a fair and inclusive transition to a green and digital future, supporting the Union's longer-term strategic autonomy and making it resilient to shocks in the future.

| (3) | The annual ceilings for commitment appropriations by category of expenditure and the annual ceilings for payment appropriations established by this Regulation are to respect the applicable ceilings for commitments and own resources, which are set in accordance with the Council decision on the system of own resources of the European Union in force that has been adopted in accordance with the third paragraph of Article 311 of the Treaty on the Functioning of the European Union (TFEU) (the ‘Own Resources Decision’). |
| --- | --- |

(3)

The annual ceilings for commitment appropriations by category of expenditure and the annual ceilings for payment appropriations established by this Regulation are to respect the applicable ceilings for commitments and own resources, which are set in accordance with the Council decision on the system of own resources of the European Union in force that has been adopted in accordance with the third paragraph of Article 311 of the Treaty on the Functioning of the European Union (TFEU) (the ‘Own Resources Decision’).

| (4) | Where it is necessary to mobilise the guarantees given under the general budget of the Union for financial assistance to Member States authorised in accordance with Article 220(1) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (2) (the ‘Financial Regulation’), the necessary amount should be mobilised over and above the ceilings for commitment and payment appropriations of the MFF, while respecting the own resources ceiling. |
| --- | --- |

(4)

Where it is necessary to mobilise the guarantees given under the general budget of the Union for financial assistance to Member States authorised in accordance with Article 220(1) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (2) (the ‘Financial Regulation’), the necessary amount should be mobilised over and above the ceilings for commitment and payment appropriations of the MFF, while respecting the own resources ceiling.

| (5) | The MFF should not take account of budget items financed by assigned revenue within the meaning of the Financial Regulation. |
| --- | --- |

(5)

The MFF should not take account of budget items financed by assigned revenue within the meaning of the Financial Regulation.

| (6) | The MFF should be laid down in 2018 prices. The rules for annual technical adjustments to the MFF to recalculate the ceilings and margins available should also be laid down. |
| --- | --- |

(6)

The MFF should be laid down in 2018 prices. The rules for annual technical adjustments to the MFF to recalculate the ceilings and margins available should also be laid down.

| (7) | Rules should be laid down for other situations that might require the MFF to be adjusted. Such adjustments might be related to the delayed adoption of new rules or programmes under shared management, to measures linked to sound economic governance or to measures adopted under the Regulation of the European Parliament and of the Council on a general regime of conditionality for the protection of the Union budget. Rules should also be laid down for a mechanism for programme specific adjustment. |
| --- | --- |

(7)

Rules should be laid down for other situations that might require the MFF to be adjusted. Such adjustments might be related to the delayed adoption of new rules or programmes under shared management, to measures linked to sound economic governance or to measures adopted under the Regulation of the European Parliament and of the Council on a general regime of conditionality for the protection of the Union budget. Rules should also be laid down for a mechanism for programme specific adjustment.

| (8) | Specific and maximum possible flexibility should be implemented to allow the Union to fulfil its obligations in compliance with Article 323 TFEU. |
| --- | --- |

(8)

Specific and maximum possible flexibility should be implemented to allow the Union to fulfil its obligations in compliance with Article 323 TFEU.

| (9) | The following thematic special instruments are necessary to allow the Union to react to specified unforeseen circumstances or consequences and thereby allow the budgetary procedure to run smoothly: the European Globalisation Adjustment Fund, the Solidarity and Emergency Aid Reserve and the Brexit Adjustment Reserve. The Solidarity and Emergency Aid Reserve is not aimed at addressing the consequences of market related crises affecting the agricultural production or distribution. |
| --- | --- |

(9)

The following thematic special instruments are necessary to allow the Union to react to specified unforeseen circumstances or consequences and thereby allow the budgetary procedure to run smoothly: the European Globalisation Adjustment Fund, the Solidarity and Emergency Aid Reserve and the Brexit Adjustment Reserve. The Solidarity and Emergency Aid Reserve is not aimed at addressing the consequences of market related crises affecting the agricultural production or distribution.

| (10) | The following non-thematic special instruments are necessary to further enhance flexibility: the Single Margin Instrument and the Flexibility Instrument. The Single Margin Instrument should enable shifting margins available below the ceilings for commitment and payment appropriationsrespectively between financial years and, for commitment appropriations, between MFF headings, without exceeding the total amounts of the MFF ceilings for commitment and payment appropriations for the entire period of the MFF. The Flexibility Instrument should allow the financing of specific unforeseen expenditure for a given financial year. |
| --- | --- |

(10)

The following non-thematic special instruments are necessary to further enhance flexibility: the Single Margin Instrument and the Flexibility Instrument. The Single Margin Instrument should enable shifting margins available below the ceilings for commitment and payment appropriationsrespectively between financial years and, for commitment appropriations, between MFF headings, without exceeding the total amounts of the MFF ceilings for commitment and payment appropriations for the entire period of the MFF. The Flexibility Instrument should allow the financing of specific unforeseen expenditure for a given financial year.

| (11) | Specific provision should be made for the possibility to enter commitment and corresponding payment appropriations into the budget over and above the ceilings set out in the MFF where it is necessary to use special instruments. |
| --- | --- |

(11)

Specific provision should be made for the possibility to enter commitment and corresponding payment appropriations into the budget over and above the ceilings set out in the MFF where it is necessary to use special instruments.

| (12) | It is necessary to provide for a revision of the MFF in the event of revision of the Treaties with budgetary implications, of the reunification of Cyprus or of the enlargement of the Union, as well as in the light of the implementation of the budget. |
| --- | --- |

(12)

It is necessary to provide for a revision of the MFF in the event of revision of the Treaties with budgetary implications, of the reunification of Cyprus or of the enlargement of the Union, as well as in the light of the implementation of the budget.

| (13) | This Regulation might also need to be revised in relation to unforeseen circumstances that cannot be dealt with within the limits set out in the MFF. It is therefore necessary to provide for the revision of the MFF in such cases. |
| --- | --- |

(13)

This Regulation might also need to be revised in relation to unforeseen circumstances that cannot be dealt with within the limits set out in the MFF. It is therefore necessary to provide for the revision of the MFF in such cases.

| (14) | Specific rules are also necessary for dealing with large-scale projects the lifetime of which extends well beyond the period set for the MFF. It is necessary to establish maximum amounts for the contributions from the general budget of the Union to those projects, thereby ensuring that they do not have any impact on other projects financed from that budget. |
| --- | --- |

(14)

Specific rules are also necessary for dealing with large-scale projects the lifetime of which extends well beyond the period set for the MFF. It is necessary to establish maximum amounts for the contributions from the general budget of the Union to those projects, thereby ensuring that they do not have any impact on other projects financed from that budget.

| (15) | It is necessary to lay down general rules on interinstitutional cooperation in the budgetary procedure, while respecting the budgetary powers of the European Parliament, the Council and the Commission (the ‘Institutions’) as laid down in the Treaties as well as transparency requirements. |
| --- | --- |

(15)

It is necessary to lay down general rules on interinstitutional cooperation in the budgetary procedure, while respecting the budgetary powers of the European Parliament, the Council and the Commission (the ‘Institutions’) as laid down in the Treaties as well as transparency requirements.

| (16) | The Commission should present a proposal for a new multiannual financial framework before 1 July 2025, to enable the institutions to adopt it sufficiently in advance of the start of the subsequent multiannual financial framework. In accordance with Article 312(4) TFEU, the ceilings corresponding to the last year of the MFF set out in this Regulation are to continue to apply in the event that a new multiannual financial framework is not adopted before the end of the term of the MFF laid down in this Regulation, |
| --- | --- |

(16)

The Commission should present a proposal for a new multiannual financial framework before 1 July 2025, to enable the institutions to adopt it sufficiently in advance of the start of the subsequent multiannual financial framework. In accordance with Article 312(4) TFEU, the ceilings corresponding to the last year of the MFF set out in this Regulation are to continue to apply in the event that a new multiannual financial framework is not adopted before the end of the term of the MFF laid down in this Regulation,

HAS ADOPTED THIS REGULATION:

Chapter 1

General provisions

Article 1

Multiannual financial framework

This Regulation lays down the multiannual financial framework for the years 2021 to 2027 (MFF).

Article 2

Compliance with the ceilings of the MFF

1.   The European Parliament, the Council and the Commission (the ‘Institutions’) shall, during each budgetary procedure and when implementing the budget for the year concerned, comply with the annual expenditure ceilings set out in Annex I (the ‘MFF ceilings’).

The sub-ceiling for heading 3 as set out in Annex I is established without prejudice to the flexibility between the two pillars of the Common Agricultural Policy (CAP). The adjusted ceiling to be applied to pillar I of the CAP following the transfers between the European Agricultural Fund for Rural Development and direct payments shall be laid down in the relevant legal act and the MFF shall be adjusted accordingly under the technical adjustment provided for in Article 4 of this Regulation.

2.   Where it is necessary to use the resources from the special instruments provided for in Articles 8, 9, 10 and 12, commitment and corresponding payment appropriations shall be entered in the budget over and above the relevant MFF ceilings.

Where it is necessary to use the resources from the Single Margin Instrument as laid down in Article 11, commitment and corresponding payment appropriations shall be entered in the budget over and above the relevant MFF ceilings for a given year.

3.   Where it is necessary to mobilise a guarantee for financial assistance to Member States authorised in accordance with Article 220(1) of the Financial Regulation, the necessary amount shall be mobilised over and above the MFF ceilings.

Article 3

Respect of own resources ceiling

1.   For each of the years covered by the MFF, the total appropriations for payments required, after annual adjustment and taking account of any other adjustments and revisions as well as the application of Article 2(2) and (3), shall not be such as to produce a call-in rate for own resources that exceeds the own resources ceiling set out in the Council decision on the system of own resources of the European Union in force that has been adopted in accordance with the third paragraph of Article 311 TFEU (the ‘Own Resources Decision’).

2.   Where necessary, the MFF ceilings shall be lowered in order to ensure compliance with the own resources ceiling set out in the Own Resources Decision.

Chapter 2

Chapter 2

Adjustments to the MFF

Adjustments to the MFF

Article 4

Technical adjustments

1.   Each year the Commission, acting ahead of the budgetary procedure for year n+1, shall make the following technical adjustments to the MFF:

| (a) | a revaluation, at year n+1 prices, of the ceilings and of the overall figures for appropriations for commitments and appropriations for payments; |
| --- | --- |

(a)

a revaluation, at year n+1 prices, of the ceilings and of the overall figures for appropriations for commitments and appropriations for payments;

| (b) | a calculation of the margin available under the own resources ceiling set out in the Own Resources Decision; |
| --- | --- |

(b)

a calculation of the margin available under the own resources ceiling set out in the Own Resources Decision;

| (c) | a calculation of the amount of commitment appropriations available under the Single Margin Instrument as referred to in point (a) of the first subparagraph of Article 11(1), as well as of the total maximum amount referred to in point (a); |
| --- | --- |

(c)

a calculation of the amount of commitment appropriations available under the Single Margin Instrument as referred to in point (a) of the first subparagraph of Article 11(1), as well as of the total maximum amount referred to in point (a);

| (d) | a calculation of the adjustment of the ceiling for payment appropriations under the Single Margin Instrument as referred to in point (b) of the first subparagraph of Article 11(1), as well as of the maximum amount referred to in point (b) of the first subparagraph of Article 11(2); |
| --- | --- |

(d)

a calculation of the adjustment of the ceiling for payment appropriations under the Single Margin Instrument as referred to in point (b) of the first subparagraph of Article 11(1), as well as of the maximum amount referred to in point (b) of the first subparagraph of Article 11(2);

| (e) | a calculation of the additional allocations for specific programmes referred to in Article 5(1) and the result of the annual adjustment referred to in Article 5(2). |
| --- | --- |

(e)

a calculation of the additional allocations for specific programmes referred to in Article 5(1) and the result of the annual adjustment referred to in Article 5(2).

2.   The Commission shall make the technical adjustments referred to in paragraph 1 on the basis of a fixed deflator of 2 % per year.

3.   The Commission shall communicate the results of the technical adjustments referred to in paragraph 1 and the underlying economic forecasts to the European Parliament and to the Council.

4.   Without prejudice to Articles 6 and 7, no further technical adjustments shall be made in respect of the year concerned, either during the year or as ex post corrections during subsequent years.

Article 5

Programme specific adjustment

1.   An amount equivalent to the revenue from fines imposed under Council Regulations (EC) No 1/2003 (3) and (EC) No 139/2004 (4) by Union institutions, which is entered in the budget of the year n-1 in accordance with Article 107 of the Financial Regulation, after deduction of the amount for the year n-1 referred to in Article 141(1) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (5), shall be available for an additional allocation of:

| (a) | commitment appropriations for year n+1, starting for the year 2022 and ending in 2027, to the programmes listed in Annex II, in accordance with percentages set out for those programmes in the column ‘Distribution key’ of the table in Annex II; and |
| --- | --- |

(a)

commitment appropriations for year n+1, starting for the year 2022 and ending in 2027, to the programmes listed in Annex II, in accordance with percentages set out for those programmes in the column ‘Distribution key’ of the table in Annex II; and

| (b) | payment appropriations for year n+1, starting for the year 2022 and ending in 2027. |
| --- | --- |

(b)

payment appropriations for year n+1, starting for the year 2022 and ending in 2027.

The total amount of additional allocations for the period 2022 to 2027 for commitment and payment appropriations respectively shall be EUR 11 000 million (in 2018 prices). For each of the years 2022 to 2026, the annual amount of additional allocations for commitment and payment appropriations respectively shall be at least EUR 1 500 million (in 2018 prices) and shall not exceed EUR 2 000 million (in 2018 prices).

The total amount of additional allocations for commitment appropriations for the programmes in the period 2022 to 2027 is set out in the column ‘Total additional allocation of commitment appropriations under Article 5’ of the table in Annex II.

2.   The ceilings for commitment appropriations of the relevant headings for year n+1, starting for the year 2022 and ending in 2027, shall be adjusted upwards with the amounts corresponding to the additional allocations set out in paragraph 1, in accordance with the percentages set out for those headings in the column ‘Distribution key’ of the table in Annex II. The ceiling for payment appropriations for year n+1, starting for the year 2022 and ending in 2027, shall be automatically adjusted upwards with the amounts corresponding to the additional allocations set out in paragraph 1.

Article 6

Adjustments related to measures linked to sound economic governance or to a general regime of conditionality for the protection of the Union budget

1.   In the case of the lifting of a suspension of budgetary commitments concerning Union funds in accordance with the relevant basic acts in the context of measures linked to sound economic governance or to measures adopted under the Regulation of the European Parliament and of the Council on a general regime of conditionality for the protection of the Union budget, the amounts corresponding to the suspended commitments shall be transferred to the following years and the corresponding MFF ceilings shall be adjusted accordingly.

2.   The Commission shall communicate the result of any adjustments under paragraph 1 to the European Parliament and to the Council.

3.   Suspended commitments of year n may not be entered in the general budget of the Union beyond year n+2.

Article 7

Adjustment following new rules or programmes under shared management

1.   In the event of the adoption after 1 January 2021 of new rules or programmes under shared management for the Structural Funds, the Cohesion Fund, the Just Transition Fund, the European Agricultural Fund for Rural Development, the European Maritime and Fisheries Fund, the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument under the Integrated Border Management Fund, the amounts corresponding to the allocations not used in 2021 shall be transferred in equal proportions to each of the years 2022 to 2025, and the corresponding MFF ceilings shall be adjusted accordingly.

2.   The Commission shall communicate the result of any adjustments under paragraph 1 to the European Parliament and to the Council.

Chapter 3

Chapter 3

Special instruments

Special instruments

SECTION 1

SECTION 1

THEMATIC SPECIAL INSTRUMENTS

THEMATIC SPECIAL INSTRUMENTS

Article 8

European Globalisation Adjustment Fund

1.   The European Globalisation Adjustment Fund, the objectives and scope of which are set out in Regulation of the European Parliament and of the Council on the European Globalisation Adjustment Fund, shall not exceed a maximum annual amount of EUR 186 million (in 2018 prices).

2.   The appropriations for the European Globalisation Adjustment Fund shall be entered in the general budget of the Union as a provision.

Article 9

Solidarity and Emergency Aid Reserve

1.   The Solidarity and Emergency Aid Reserve may be used to finance:

| (a) | assistance to respond to emergency situations resulting from major disasters that are covered by the European Union Solidarity Fund, the objectives and scope of which are set out in Council Regulation (EC) No 2012/2002 (6); and |
| --- | --- |

(a)

assistance to respond to emergency situations resulting from major disasters that are covered by the European Union Solidarity Fund, the objectives and scope of which are set out in Council Regulation (EC) No 2012/2002 (6); and

| (b) | rapid responses to specific emergency needs within the Union or in third countries following events which could not be foreseen when the budget was established, in particular for emergency responses and support operations following natural disasters not covered by point (a), man-made disasters, humanitarian crises in cases of large-scale public health, veterinary or phytosanitary threats, as well as in situations of particular pressure at the Union's external borders resulting from migratory flows, where circumstances so require. |
| --- | --- |

(b)

rapid responses to specific emergency needs within the Union or in third countries following events which could not be foreseen when the budget was established, in particular for emergency responses and support operations following natural disasters not covered by point (a), man-made disasters, humanitarian crises in cases of large-scale public health, veterinary or phytosanitary threats, as well as in situations of particular pressure at the Union's external borders resulting from migratory flows, where circumstances so require.

2.   The Solidarity and Emergency Aid Reserve shall not exceed a maximum annual amount of EUR 1 200 million (in 2018 prices). Any portion of the annual amount not used in year n may be used up to year n+1. The portion of the annual amount stemming from the previous year shall be drawn on first. Any portion of the annual amount from year n which is not used in year n+1 shall lapse.

3.   The appropriations for the Solidarity and Emergency Aid Reserve shall be entered in the general budget of the Union as a provision.

4.   On 1 October of each year, at least one quarter of the annual amount referred to in paragraph 2 shall remain available in order to cover needs arising until the end of that year.

Without prejudice to the first subparagraph, the following maximum percentages of the overall amount available until 1 September of each year may be mobilised:

| — | 50 % for assistance under point (a) of paragraph 1; the amount resulting from that calculation shall be reduced by any amount mobilised in the previous year in application of paragraph 5; |
| --- | --- |

—

50 % for assistance under point (a) of paragraph 1; the amount resulting from that calculation shall be reduced by any amount mobilised in the previous year in application of paragraph 5;

| — | 35 % for assistance to third countries under point (b) of paragraph 1; |
| --- | --- |

—

35 % for assistance to third countries under point (b) of paragraph 1;

| — | 15 % for assistance within the Union under point (b) of paragraph 1. |
| --- | --- |

—

15 % for assistance within the Union under point (b) of paragraph 1.

Without prejudice to the first subparagraph, as of 1 September of each year, the remaining part of the amount available may be used for any assistance referred to in the second subparagraph to cover needs arising until the end of that year.

5.   In exceptional cases and if the remaining financial resources available in the Solidarity and Emergency Aid Reserve are not sufficient to cover the amounts considered necessary for assistance under point (a) of paragraph 1 in the year of occurrence of a disaster as referred to in that point, the Commission may propose that the difference be financed through the annual amounts available for the Solidarity and Emergency Aid Reserve in the following year, up to a maximum amount of EUR 400 million (in 2018 prices).

Article 10

Brexit Adjustment Reserve

1.   A Brexit Adjustment Reserve shall provide assistance to counter unforeseen and adverse consequences in Member States and sectors that are worst affected by the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, subject to and in accordance with the conditions set out in the relevant instrument.

2.   The Brexit Adjustment Reserve shall not exceed an amount of EUR 5 000 million (in 2018 prices).

3.   The appropriations for the Brexit Adjustment Reserve shall be entered into the general budget of the Union as a provision.

SECTION 2

SECTION 2

NON-THEMATIC SPECIAL INSTRUMENTS

NON-THEMATIC SPECIAL INSTRUMENTS

Article 11

Single Margin Instrument

1.   The Single Margin Instrument shall comprise:

| (a) | as of 2022, amounts corresponding to margins left available below the MFF ceilings for commitment appropriations of year n-1 to be made available over and above the MFF ceilings for commitment appropriations for the years 2022 to 2027; |
| --- | --- |

(a)

as of 2022, amounts corresponding to margins left available below the MFF ceilings for commitment appropriations of year n-1 to be made available over and above the MFF ceilings for commitment appropriations for the years 2022 to 2027;

| (b) | as of 2022, amounts equivalent to the difference between the executed payments and the MFF payment ceiling of year n-1 to adjust upwards the payment ceiling for the years 2022 to 2027; and |
| --- | --- |

(b)

as of 2022, amounts equivalent to the difference between the executed payments and the MFF payment ceiling of year n-1 to adjust upwards the payment ceiling for the years 2022 to 2027; and

| (c) | additional amounts which may be made available over and above the MFF ceilings in a given year for commitment or payment appropriations, or both, as the case may be, provided that they are fully offset against the margins in one or more MFF headings for the current or future financial years as regards commitment appropriations and are fully offset against the margins under the payment ceiling for future financial years as regards payment appropriations. |
| --- | --- |

(c)

additional amounts which may be made available over and above the MFF ceilings in a given year for commitment or payment appropriations, or both, as the case may be, provided that they are fully offset against the margins in one or more MFF headings for the current or future financial years as regards commitment appropriations and are fully offset against the margins under the payment ceiling for future financial years as regards payment appropriations.

Amounts may only be mobilised under point (c) of the first subparagraph if the amounts available pursuant to points (a) and (b) of that subparagraph, as applicable, are insufficient, and in any case as a last resort to react to unforeseen circumstances.

Recourse to point (c) of the first subparagraph shall not result in exceeding the total amounts of the MFF ceilings for commitment and payment appropriations for the current financial year and future financial years. Any amounts offset in accordance with that point shall therefore not be further mobilised in the context of the MFF.

2.   Recourse to the Single Margin Instrument under points (a) and (c) of the first subparagraph of paragraph 1 shall not exceed, in any given year, a total of:

| (a) | 0,04 % of the gross national income of the Union in commitment appropriations, as calculated in the annual technical adjustment of the MFF referred to in Article 4; |
| --- | --- |

(a)

0,04 % of the gross national income of the Union in commitment appropriations, as calculated in the annual technical adjustment of the MFF referred to in Article 4;

| (b) | 0,03 % of the gross national income of the Union in payment appropriations, as calculated in the annual technical adjustment of the MFF referred to in Article 4. |
| --- | --- |

(b)

0,03 % of the gross national income of the Union in payment appropriations, as calculated in the annual technical adjustment of the MFF referred to in Article 4.

Recourse to the Single Margin Instrument in any given year shall be consistent with the own resources ceilings set out in the Own Resources Decision.

3.   The annual adjustments referred to in point (b) of the first subparagraph of paragraph 1 shall not exceed the following maximum amounts (in 2018 prices) for the years 2025 to 2027 as compared to the original payment ceiling of the relevant years:

| — | 2025 — EUR 8 000 million; |
| --- | --- |

—

2025 — EUR 8 000 million;

| — | 2026 — EUR 13 000 million; |
| --- | --- |

—

2026 — EUR 13 000 million;

| — | 2027 — EUR 15 000 million. |
| --- | --- |

—

2027 — EUR 15 000 million.

Amounts referred to in the second subparagraph of Article 5(2) shall be in addition to the maximum amounts referred to in the first subparagraph of this paragraph.

Any upward adjustment shall be fully offset by a corresponding reduction of the payment ceiling for year n-1.

4.   Amounts referred to in points (a) and (c) of the first subparagraph of paragraph 1 of this Article may be mobilised by the European Parliament and the Council in the framework of the budgetary procedure provided for in Article 314 TFEU to allow the financing of expenditure which could not be financed within the limits of the relevant MFF ceilings available in a given year.

The upward adjustment referred to in point (b) of the first subparagraph of paragraph 1 of this Article shall be carried out by the Commission, starting in 2022, as part of the technical adjustment referred to in Article 4.

Article 12

Flexibility Instrument

1.   The Flexibility Instrument may be used for the financing, for a given financial year, of specific unforeseen expenditure in commitment appropriations and corresponding payment appropriations that cannot be financed within the limits of the ceilings available for one or more other headings. The ceiling for the annual amount available for the Flexibility Instrument shall be EUR 915 million (in 2018 prices).

2.   The unused portion of the annual amount of the Flexibility Instrument may be used up to year n+2. Any portion of the annual amount stemming from previous years shall be used first, in order of age. Any portion of the annual amount from year n which is not used by year n+2 shall lapse.

Chapter 4

Chapter 4

Revision of the MFF

Revision of the MFF

Article 13

Revision of the MFF

1.   Without prejudice to Article 3(2) and Articles 14 to 17, in the event of unforeseen circumstances, the MFF may be revised in compliance with the own resources ceiling set out in the Own Resources Decision.

2.   As a general rule, any proposal for a revision of the MFF in accordance with paragraph 1 shall be presented and adopted before the start of the budgetary procedure for the year or the first of the years concerned.

3.   Any proposal for a revision of the MFF in accordance with paragraph 1 shall examine the scope for reallocating expenditure between the programmes covered by the heading concerned by the revision, with particular reference to any expected underutilisation of appropriations.

4.   Any revision of the MFF in accordance with paragraph 1 shall take into account the scope for offsetting any raising of the ceiling for one heading by the lowering of the ceiling for another heading.

5.   Any revision of the MFF in accordance with paragraph 1 shall maintain an appropriate relationship between commitment and payment appropriations.

Article 14

Revision related to implementation

When notifying the European Parliament and the Council of the results of the technical adjustments to the MFF, the Commission shall, where appropriate, submit any proposal to revise the total appropriations for payments which it considers necessary, in the light of implementation, to ensure a sound management of the yearly payment ceilings, and in particular their orderly progression in relation to the appropriations for commitments.

Article 15

Revision in the event of a revision of the Treaties

In the event of a revision of the Treaties with budgetary implications, the MFF shall be revised accordingly.

Article 16

Revision in the event of enlargement of the Union

In the event of an accession or accessions to the Union, the MFF shall be revised to take account of the expenditure requirements resulting therefrom.

Article 17

Revision in the event of the reunification of Cyprus

In the event of the reunification of Cyprus, the MFF shall be revised to take account of the comprehensive settlement of the Cyprus problem and the additional financial needs resulting from the reunification.

Chapter 5

Chapter 5

Contribution to the financing of large-scale projects

Contribution to the financing of large-scale projects

Article 18

Contribution to the financing of large-scale projects

1.   A maximum amount of EUR 13 202 million (in 2018 prices) shall be available from the general budget of the Union for the period 2021 to 2027 for large-scale projects under the Regulation of the European Parliament and of the Council establishing the space programme of the Union and the European Union Agency for the Space Programme.

2.   A maximum amount of EUR 5 000 million (in 2018 prices) shall be available from the general budget of the Union for the period 2021 to 2027 for the International Thermonuclear Experimental Reactor project (ITER).

Chapter 6

Chapter 6

Interinstitutional cooperation in the budgetary procedure

Interinstitutional cooperation in the budgetary procedure

Article 19

Interinstitutional cooperation in the budgetary procedure

1.   The Institutions shall take measures to facilitate the annual budgetary procedure.

2.   The Institutions shall cooperate in good faith throughout the procedure with a view to reconciling their positions. The Institutions shall, at all stages of the procedure, cooperate through appropriate interinstitutional contacts in order to monitor the progress of the work and analyse the degree of convergence.

3.   The Institutions shall ensure that their respective calendars of work are coordinated as far as possible, in order to enable proceedings to be conducted in a coherent and convergent way, leading to the final adoption of the general budget of the Union.

4.   Trilogues may be held at all stages of the procedure and at different levels of representation, depending on the nature of the expected discussions. Each institution, in accordance with its own rules of procedure, shall designate its participants for each meeting, set out its mandate for the negotiations and inform the other institutions in good time of the arrangements for the meetings.

Article 20

Unity of the budget

All expenditure and revenue of the Union and the European Atomic Energy Community shall be included in the general budget of the Union in accordance with Article 7 of the Financial Regulation, including expenditure resulting from any relevant decision taken unanimously by the Council after consulting the European Parliament, in the framework of Article 332 TFEU.

Chapter 7

Chapter 7

Final provisions

Final provisions

Article 21

Transition towards the next multiannual financial framework

Before 1 July 2025, the Commission shall present a proposal for a new multiannual financial framework.

Article 22

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2021.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

ANNEX I

MULTIANNUAL FINANCIAL FRAMEWORK (EU-27)

| (EUR million — 2018 prices) |
| --- |
| Commitment appropriations | 2021 | 2022 | 2023 | 2024 | 2025 | 2026 | 2027 | Total 2021-2027 |
| 1. | Single Market, Innovation and Digital |

(EUR million — 2018 prices)

Commitment appropriations

2021

2022

2023

2024

2025

2026

2027

Total 2021-2027

1.

19 712

19 666

19 133

18 633

18 518

18 646

18 473

132 781

| 2. | Cohesion, Resilience and Values |
| --- | --- |

2.

49 741

51 101

52 194

53 954

55 182

56 787

58 809

377 768

| 2a. | Economic, social and territorial cohesion |
| --- | --- |

2a.

Economic, social and territorial cohesion

45 411

45 951

46 493

47 130

47 770

48 414

49 066

330 235

| 2b. | Resilience and values |
| --- | --- |

2b.

Resilience and values

4 330

5 150

5 701

6 824

7 412

8 373

9 743

47 533

| 3. | Natural Resources and Environment |
| --- | --- |

3.

55 242

52 214

51 489

50 617

49 719

48 932

48 161

356 374

of which: Market related expenditure and direct payments

38 564

38 115

37 604

36 983

36 373

35 772

35 183

258 594

| 4. | Migration and Border Management |
| --- | --- |

4.

2 324

2 811

3 164

3 282

3 672

3 682

3 736

22 671

| 5. | Security and Defence |
| --- | --- |

5.

1 700

1 725

1 737

1 754

1 928

2 078

2 263

13 185

| 6. | Neighbourhood and the World |
| --- | --- |

6.

15 309

15 522

14 789

14 056

13 323

12 592

12 828

98 419

| 7. | European Public Administration |
| --- | --- |

7.

10 021

10 215

10 342

10 454

10 554

10 673

10 843

73 102

of which: Administrative expenditure of the institutions

7 742

7 878

7 945

7 997

8 025

8 077

8 188

55 852

TOTAL COMMITMENT APPROPRIATIONS

154 049

153 254

152 848

152 750

152 896

153 390

155 113

1 074 300

TOTAL PAYMENT APPROPRIATIONS

156 557

154 822

149 936

149 936

149 936

149 936

149 936

1 061 058

ANNEX II

PROGRAMME-SPECIFIC ADJUSTMENT — LIST OF PROGRAMMES, DISTRIBUTION KEY AND TOTAL ADDITIONAL ALLOCATION OF COMMITMENT APPROPRIATIONS

| in EUR million, 2018 prices |
| --- |
| | Distribution key | Total additional allocation of commitment appropriations under Article 5 |
| 1. | Single Market, Innovation and Digital |

in EUR million, 2018 prices

Distribution key

Total additional allocation of commitment appropriations under Article 5

1.

36,36  %

4 000

Horizon Europe

27,27  %

3 000

InvestEU Fund

9,09  %

1 000

| 2b. | Resilience and Values |
| --- | --- |

2b.

54,55  %

6 000

EU4Health

26,37  %

2 900

Erasmus+

15,46  %

1 700

Creative Europe

5,45  %

600

Rights and Values

7,27  %

800

| 4. | Migration and Border Management |
| --- | --- |

4.

9,09  %

1 000

Integrated Border Management Fund

9,09  %

1 000

TOTAL

100,00  %

11 000

---

(1)  Consent of... (not yet published in the Official Journal).

1

(2)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

2

(3)  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 (OJ L 1, 4.1.2003, p. 1).

3

(4)  Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).

4

(5)  OJ L 29, 31.1.2020, p. 7.

5

(6)  Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (OJ L 311, 14.11.2002, p. 3).

6

---

ANNEX 2: DECLARATIONS

1.   
  Envelopes of priority programmes, costs of NGEU and flexibility

Joint declaration by the European Parliament, Council and Commission on the reinforcement of specific programmes and adaptation of basic acts

Without prejudice to the powers of the legislative and budgetary authority, the European Parliament, the Council and the Commission agree to increase by 2,5 billion Euros in 2018 prices the financial envelopes in the basic acts or the financial programming, as appropriate, of those programmes that are identified by the European Parliament. This will be achieved through a corresponding reduction of the margins available under the MFF ceilings, without prejudice to the possible use of the Flexibility instrument in 2021.

Without prejudice to the legislative powers of the institutions, the European Parliament, the Council and the Commission agree to insert in the basic acts of programmes listed in Annex II of the MFF Regulation a provision on the increase of the financial envelopes by the amounts specified therein. For programmes establishing budgetary guarantees, the additional amount will be reflected in the additional level of the guarantees provided.

Declaration by the European Parliament on the reinforcement of specific programmes from unallocated margins

The amount of 2,5 billion Euros in 2018 prices referred to in the joint declaration by the European Parliament, Council and Commission on the reinforcement of specific programmes and adaptation of basic acts will be allocated as follows:

| — | Horizon Europe: +0,5 billion Euros |
| --- | --- |

—

Horizon Europe: +0,5 billion Euros

| — | Erasmus+: +0,5 billion Euros, of which 165 million Euros in 2021 |
| --- | --- |

—

Erasmus+: +0,5 billion Euros, of which 165 million Euros in 2021

| — | EU4Health: +0,5 billion Euros, of which 70 million Euros in 2021 |
| --- | --- |

—

EU4Health: +0,5 billion Euros, of which 70 million Euros in 2021

| — | European Border and Coast Guard Agency: +0,5 billion Euros |
| --- | --- |

—

European Border and Coast Guard Agency: +0,5 billion Euros

| — | Humanitarian Aid: +0,5 billion Euros |
| --- | --- |

—

Humanitarian Aid: +0,5 billion Euros

Joint declaration by the European Parliament, Council and Commission on the use of reflows from the ACP Investment Facility to the benefit of the Neighbourhood, Development and International Cooperation Instrument

The Council agrees that an amount of up to EUR 1 billion (in 2018 prices) stemming from the reflows under the ACP Investment Facility for operations under the 9th, 10th, and 11th European Development Funds will be used for the benefit of the Neighbourhood, Development and International Cooperation Instrument in the period of 2021-2027. The three Institutions agree that the Neighbourhood, Development and International Cooperation Instrument should allow for the reception of those funds.

Joint declaration by the European Parliament, the Council and the Commission on the re-use of decommitted funds in relation to the research programme

Without prejudice to their institutional prerogatives, the European Parliament, the Council and the Commission agree to make available again to the benefit of the research programme commitment appropriations, corresponding to the amount up to EUR 0,5 billion (in 2018 prices) in the period 2021-2027 of decommitments, which results from total or partial non-implementation of projects belonging to that programme or its predecessor as provided for in Article 15(3) of the Financial Regulation.

Joint declaration by the European Parliament, Council and Commission on the treatment of NGEU interest costs and repayments in the 2021-2027 MFF

The three Institutions agree that expenditures covering the financing costs of Next Generation EU shall aim at not reducing EU programmes and funds.

The three Institutions agree that the treatment of NGEU interest costs and repayments in the 2021-2027 MFF, currently forecast at EUR 12,9 billion for the seven years, is without prejudice to how this matter will be addressed in future MFFs from 2028 onwards.

The three Institutions agree to work towards introducing sufficient new own resources with a view to covering an amount corresponding to the expected expenditure related to repayment and interest costs.

2.   
  Own resources

Commission Declaration on establishing an Own Resource based on a digital levy

Taking into account the developments at international level, the Commission will speed up its work on the submission of the necessary proposals for the establishment of a digital levy within the Union and will make a proposal for a basic act as soon as possible and at latest by June 2021. It will on this basis propose that revenues stemming from the digital levy will become an own resource by January 2023.

Commission Declaration on establishing a Financial Transaction Tax based Own Resource

Discussions on the Financial Transaction Tax under enhanced cooperation are ongoing with a view of their finalisation by the end of 2022. Should there be an agreement on this Financial Transaction Tax, the Commission will make a proposal in order to transfer revenues from this Financial Transaction Tax to the EU budget as an own resource.

If there is no agreement by end of 2022, the Commission will, based on impact assessments, propose a new own resource, based on a new Financial Transaction Tax. The Commission shall endeavour to make these proposals by June 2024 in view of its introduction by 1 January 2026.

3.   
  Role of the budgetary authority

Joint declaration of the European Parliament, the Council and the Commission on budgetary scrutiny of new proposals based on Article 122 TFEU with potential appreciable implications for the Union budget

Whereas:

| (1) | The European Parliament, the Council and the Commission (‘the three Institutions’) acknowledge that Article 122 TFEU constitutes a legal basis for adopting measures to address specific crisis situations that may entail potential budgetary implications, which are capable of impacting the development of Union expenditure within the limits of its own resources. |
| --- | --- |

(1)

The European Parliament, the Council and the Commission (‘the three Institutions’) acknowledge that Article 122 TFEU constitutes a legal basis for adopting measures to address specific crisis situations that may entail potential budgetary implications, which are capable of impacting the development of Union expenditure within the limits of its own resources.

| (2) | In the light of their budgetary powers under the Treaties, it is appropriate that the two branches of the budgetary authority deliberate on the budgetary implications of such envisaged acts where those implications are likely to be appreciable. To this effect, the Commission should provide all relevant information necessary to assist the European Parliament and the Council in their deliberations. |
| --- | --- |

(2)

In the light of their budgetary powers under the Treaties, it is appropriate that the two branches of the budgetary authority deliberate on the budgetary implications of such envisaged acts where those implications are likely to be appreciable. To this effect, the Commission should provide all relevant information necessary to assist the European Parliament and the Council in their deliberations.

HAVE AGREED AS FOLLOWS:

| 1. | This declaration sets out arrangements for a procedure of budgetary scrutiny (hereafter ‘the procedure’) between the European Parliament and the Council with the active assistance of the Commission. |
| --- | --- |

1.

| 2. | This procedure may be followed in respect of a Commission proposal for a Council act based on Article 122 TFEU with potential appreciable implications for the Union budget. |
| --- | --- |

2.

| 3. | The Commission will accompany any such proposal by an assessment of the budgetary implications of the proposed legal act and will indicate whether the act in question may, in its view, have appreciable implications for the Union budget. On that basis, the European Parliament and the Council may request that the procedure be initiated. |
| --- | --- |

3.

| 4. | The procedure will take place in a Joint Committee consisting of representatives of the European Parliament and of the Council at the appropriate level. The Commission will participate in the work of the Joint Committee. |
| --- | --- |

4.

| 5. | Without prejudice to the powers of the Council under Article 122 TFEU, the European Parliament and the Council will engage in a constructive dialogue with a view to seeking a joint understanding of the budgetary implications of the envisaged legal act having due regard to the urgency of the matter. |
| --- | --- |

5.

| 6. | The procedure should take place during a period not exceeding two months, unless the act in question has to be adopted before a specific date or, if the urgency of the matter so requires, within a shorter time limit fixed by the Council. |
| --- | --- |

6.

Joint declaration of the European Parliament, the Council and the Commission on reassessing the external assigned revenue and borrowing and lending provisions in the Financial Regulation

Against the background of the NGEU, the European Parliament, the Council and the Commission agree that in the framework of the next revision of the Financial Regulation, the following issues will be assessed and as appropriate revised:

| — | the provisions on the external assigned revenue, in particular as referred to in Article 21(5) of the Financial Regulation; |
| --- | --- |

—

the provisions on the external assigned revenue, in particular as referred to in Article 21(5) of the Financial Regulation;

| — | the provisions on reporting on borrowing and lending operations. |
| --- | --- |

—

the provisions on reporting on borrowing and lending operations.

The three institutions acknowledge that the existing rules on audits and discharge procedure apply to assigned revenue.

4.   
  Horizontal issues — Climate, biodiversity, equality between men and women and sustainable development goals

Commission declaration on the climate tracking methodology and the involvement of the European Parliament and Council

The Commission will ensure that the climate tracking methodology is accessible, transparent, and publicly available. The Commission will exchange views on the climate tracking methodology with the European Parliament and Council. Transparency and exchange of information with Parliament and Council on the progress towards reaching the climate objectives will be a key principle of the climate tracking.

Commission declaration regarding climate contributions per programme

Without prejudice to the legislative powers of the European Parliament and the Council in relation to the relevant sectoral basic acts, the climate contributions for 2021-2027 in view of achieving an overall target of at least 30 % of the total amount of Union budget and NGEU expenditures, are indicated for relevant programmes and Funds as follows:

| Programmes | Expected minimum contribution |
| --- | --- |
| Horizon Europe | 35 % |
| ITER | 100 % |
| InvestEU Fund | 30 % |
| Connecting Europe Facility | 60 % |
| ERDF | 30 % |
| Cohesion Fund | 37 % |
| REACT EU | 25 % |
| Recovery and Resilience Facility | 37 % |
| CAP 2021 — 2022 | 26 % |
| CAP 2023 — 2027 | 40 % |
| EMFF | 30 % |
| LIFE | 61 % |
| Just Transition Fund | 100 % |
| NDICI | 25 % |
| OCT | 25 % |
| Pre-Accession Assistance | 16 % |

Programmes

Expected minimum contribution

Horizon Europe

35 %

ITER

100 %

InvestEU Fund

30 %

Connecting Europe Facility

60 %

ERDF

30 %

Cohesion Fund

37 %

REACT EU

25 %

Recovery and Resilience Facility

37 %

CAP 2021 — 2022

26 %

CAP 2023 — 2027

40 %

EMFF

30 %

LIFE

61 %

Just Transition Fund

100 %

NDICI

25 %

OCT

25 %

Pre-Accession Assistance

16 %

The Commission will use these climate contributions as a reference point to assess deviations and to propose measures in case of insufficient progress.

Commission declaration on the biodiversity tracking methodology and the involvement of the European Parliament and Council

The Commission will ensure that the biodiversity tracking methodology is accessible, transparent, and publicly available. After the completion of a study on the methodology recently launched by the Commission, the Commission will exchange views on the methodology with the European Parliament and Council. Transparency and exchange of information with Parliament and Council on the progress towards reaching the biodiversity related objectives will be key for tracking.

5.   
  Other declarations

Commission declaration on a mid-term review / revision

By 1 January 2024, the Commission will present a review of the functioning of the MFF.

The review may, as appropriate, be accompanied by relevant proposals for the revision of the MFF Regulation in accordance with the procedures set out in the TFEU.

---

Thursday 17 December 2020

| 29.10.2021 | EN | Official Journal of the European Union | C 445/256 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/256

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P9_TA(2020)0363

OLAF cooperation with EPPO and the effectiveness of its investigations ***II

European Parliament legislative resolution of 17 December 2020 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013, as regards cooperation with the European Public Prosecutor's Office and the effectiveness of the European Anti-Fraud Office investigations (10008/1/2020 — C9-0393/2020 — 2018/0170(COD))

(Ordinary legislative procedure: second reading)

(2021/C 445/44)

The European Parliament,

| — | having regard to the Council position at first reading (10008/1/2020 — C9-0393/2020), |
| --- | --- |

—

having regard to the Council position at first reading (10008/1/2020 — C9-0393/2020),

| — | having regard to opinion No 8/2018 of the Court of Auditors (1), |
| --- | --- |

—

having regard to opinion No 8/2018 of the Court of Auditors (1),

| — | having regard to the opinion of the Commission (COM(2020)0805), |
| --- | --- |

—

having regard to the opinion of the Commission (COM(2020)0805),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2018)0338), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2018)0338),

| — | having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure,

| — | having regard to Rule 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Budgetary Control (A9-0263/2020), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Budgetary Control (A9-0263/2020),

| 1. | Approves the Council position at first reading; |
| --- | --- |

1.

| 2. | Notes that the act is adopted in accordance with the Council position; |
| --- | --- |

2.

| 3. | Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union |
| --- | --- |

3.

| 4. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

4.

| 5. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

5.

---

(1)  OJ C 42, 1.2.2019, p. 1.

(2)  Text adopted of 16.4.2019, P8_TA(2019)0383.

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/257 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/257

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P9_TA(2020)0364

Rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers ***I

Amendments adopted by the European Parliament on 17 December 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (COM(2017)0085 — C8-0034/2017 — 2017/0035(COD)) (1)

(Ordinary legislative procedure: first reading)

(2021/C 445/45)

Amendment 1

Proposal for a regulation

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | The system established by
  Regulation (EU) No 182/2011 has, overall, proven to work
  well
  in practice and struck an appropriate institutional balance as regards the roles of the Commission and the other actors involved.
  That
  system
  should
  therefore continue to function unchanged
  except for
  certain targeted amendments concerning specific aspects of procedure at the level of the appeal committee. These amendments are intended to ensure wider political accountability and ownership of politically sensitive implementing acts without, however, modifying the legal and institutional responsibilities for implementing acts as organised by Regulation (EU) No 182/2011. |

Text proposed by the Commission

Amendment

(2)

The system established by
  Regulation (EU) No 182/2011 has, overall, proven to work
  well
  in practice and struck an appropriate institutional balance as regards the roles of the Commission and the other actors involved.
  That
  system
  should
  therefore continue to function unchanged
  except for
  certain targeted amendments concerning specific aspects of procedure at the level of the appeal committee. These amendments are intended to ensure wider political accountability and ownership of politically sensitive implementing acts without, however, modifying the legal and institutional responsibilities for implementing acts as organised by Regulation (EU) No 182/2011.

| (2) | Regulation (EU) No 182/2011 has, overall, proven to work
  effectively
  in practice and struck an appropriate institutional balance as regards the roles of the Commission and the other actors involved.
  The main elements of the
  system
  can
  therefore continue to function unchanged
  . However, the level of added-value provided by Regulation (EU) No 182/2011 as regards an appropriate decision-making process has not been entirely satisfactory.
  Certain targeted amendments concerning specific aspects of procedure at the level of the appeal committee
  seem, therefore, to be necessary
  . These amendments are intended to ensure wider political accountability and ownership of politically sensitive implementing acts without, however, modifying the legal and institutional responsibilities for implementing acts as organised by Regulation (EU) No 182/2011.
  An additional objective of this amending act is to improve Union citizens' awareness of procedures related to implementing acts. In order to increase trust in the Union’s institutions and bodies, it is essential not only to inform Union citizens about decision-making but also to explain the reasons behind the decisions of those institutions and bodies. |
| --- | --- |

(2)

Regulation (EU) No 182/2011 has, overall, proven to work
  effectively
  in practice and struck an appropriate institutional balance as regards the roles of the Commission and the other actors involved.
  The main elements of the
  system
  can
  therefore continue to function unchanged
  . However, the level of added-value provided by Regulation (EU) No 182/2011 as regards an appropriate decision-making process has not been entirely satisfactory.
  Certain targeted amendments concerning specific aspects of procedure at the level of the appeal committee
  seem, therefore, to be necessary
  . These amendments are intended to ensure wider political accountability and ownership of politically sensitive implementing acts without, however, modifying the legal and institutional responsibilities for implementing acts as organised by Regulation (EU) No 182/2011.
  An additional objective of this amending act is to improve Union citizens' awareness of procedures related to implementing acts. In order to increase trust in the Union’s institutions and bodies, it is essential not only to inform Union citizens about decision-making but also to explain the reasons behind the decisions of those institutions and bodies.

Amendment 2

Proposal for a regulation

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | In a number of specific cases, Regulation (EU) No 182/2011 provides for referral to the appeal committee. In practice, the appeal committee has been seized in cases where no qualified majority, either in favour or against, was attained within the committee in the context of the examination procedure and thus no opinion was delivered.
  In the majority of cases this happened in relation to genetically modified organisms and genetically modified food and feed and plant protection products. |

Text proposed by the Commission

Amendment

(3)

In a number of specific cases, Regulation (EU) No 182/2011 provides for referral to the appeal committee. In practice, the appeal committee has been seized in cases where no qualified majority, either in favour or against, was attained within the committee in the context of the examination procedure and thus no opinion was delivered.
  In the majority of cases this happened in relation to genetically modified organisms and genetically modified food and feed and plant protection products.

| (3) | In a number of specific cases, Regulation (EU) No 182/2011 provides for referral to the appeal committee. In practice,
  particularly in relation to genetically modified organisms, genetically modified food and feed and plant protection products
  , the appeal committee has been seized in cases where no qualified majority, either in favour or against, was attained within the committee in the context of the examination procedure and thus no opinion was delivered. |
| --- | --- |

(3)

In a number of specific cases, Regulation (EU) No 182/2011 provides for referral to the appeal committee. In practice,
  particularly in relation to genetically modified organisms, genetically modified food and feed and plant protection products
  , the appeal committee has been seized in cases where no qualified majority, either in favour or against, was attained within the committee in the context of the examination procedure and thus no opinion was delivered.

Amendment 3

Proposal for a regulation

Recital 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a) | As a consequence, only a very limited number of cases have been referred to the appeal committee as provided for in Regulation (EU) No 182/2011 and are therefore concerned by this amending act. |

Text proposed by the Commission

Amendment

(3a)

As a consequence, only a very limited number of cases have been referred to the appeal committee as provided for in Regulation (EU) No 182/2011 and are therefore concerned by this amending act.

Amendment 4

Proposal for a regulation

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | Experience has shown that, in the vast majority of cases, the appeal committee repeats the outcome of the examination committee and results in no opinion being delivered. The appeal committee has therefore not helped in providing clarity on Member State positions. |

Text proposed by the Commission

Amendment

(4)

Experience has shown that, in the vast majority of cases, the appeal committee repeats the outcome of the examination committee and results in no opinion being delivered. The appeal committee has therefore not helped in providing clarity on Member State positions.

| (4) | Experience has shown that, in the vast majority of cases, the appeal committee repeats the outcome of the examination committee and results in no opinion being delivered. The appeal committee has therefore not helped in providing clarity on Member State positions
  , or to overcome the absence of opinions in the examination procedure
  .
  Regulation (EU) No 182/2011 provides that the Commission may in such cases adopt the draft implementing act, leaving it to the Commission to determine on behalf of the Member States the need and how to ensure the effective implementation of the legislation. |
| --- | --- |

(4)

Experience has shown that, in the vast majority of cases, the appeal committee repeats the outcome of the examination committee and results in no opinion being delivered. The appeal committee has therefore not helped in providing clarity on Member State positions
  , or to overcome the absence of opinions in the examination procedure
  .
  Regulation (EU) No 182/2011 provides that the Commission may in such cases adopt the draft implementing act, leaving it to the Commission to determine on behalf of the Member States the need and how to ensure the effective implementation of the legislation.

Amendment 5

Proposal for a regulation

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | Regulation (EU) No 182/2011 provides that the Commission may in such cases adopt the draft implementing act, thus giving the Commission discretion. |

Text proposed by the Commission

Amendment

(5)

Regulation (EU) No 182/2011 provides that the Commission may in such cases adopt the draft implementing act, thus giving the Commission discretion.

deleted

Amendment 6

Proposal for a regulation

Recital 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | That discretion is, however, significantly reduced in cases relating to the authorisation of products or substances, such as in the area of genetically modified food and feed, as the Commission is obliged to adopt a decision within a reasonable time and cannot abstain from taking a decision. |

Text proposed by the Commission

Amendment

(6)

That discretion is, however, significantly reduced in cases relating to the authorisation of products or substances, such as in the area of genetically modified food and feed, as the Commission is obliged to adopt a decision within a reasonable time and cannot abstain from taking a decision.

| (6) | That discretion is, however, significantly reduced in cases relating to the authorisation of products or substances, such as in the area of genetically modified food and feed, as the Commission is obliged to adopt a decision within a reasonable time and cannot abstain from taking a decision.
  In this regard, the European Ombudsman pointed out in his decision on case 1582/2014 that the Commission must respect existing legal provisions regarding the deadlines set for the authorisation of genetically modified organisms. |
| --- | --- |

(6)

That discretion is, however, significantly reduced in cases relating to the authorisation of products or substances, such as in the area of genetically modified food and feed, as the Commission is obliged to adopt a decision within a reasonable time and cannot abstain from taking a decision.
  In this regard, the European Ombudsman pointed out in his decision on case 1582/2014 that the Commission must respect existing legal provisions regarding the deadlines set for the authorisation of genetically modified organisms.

Amendment 7

Proposal for a regulation

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | While the Commission
  is empowered
  to decide in such cases, due to the particular sensitivity of the issues at stake, Member States should also
  fully
  assume
  their
  responsibility in the decision-making process.
  This, however, is not the case when
  Member States are not able to reach a qualified majority,
  due to, amongst others, a significant number of abstentions or non-appearances at the moment of the vote. |

Text proposed by the Commission

Amendment

(7)

While the Commission
  is empowered
  to decide in such cases, due to the particular sensitivity of the issues at stake, Member States should also
  fully
  assume
  their
  responsibility in the decision-making process.
  This, however, is not the case when
  Member States are not able to reach a qualified majority,
  due to, amongst others, a significant number of abstentions or non-appearances at the moment of the vote.

| (7) | While the Commission
  has the competence
  to decide in such cases, due to the particular sensitivity of the issues at stake, Member States should also assume
  greater
  responsibility in the decision-making process.
  Where the basic act concerns the protection of the health or safety of humans, animals or plants, and
  Member States are not able to reach a qualified majority
  in favour of the draft implementing act providing for the grant of authorisation for a product or substance, that authorisation should be deemed to have been refused
  . |
| --- | --- |

(7)

While the Commission
  has the competence
  to decide in such cases, due to the particular sensitivity of the issues at stake, Member States should also assume
  greater
  responsibility in the decision-making process.
  Where the basic act concerns the protection of the health or safety of humans, animals or plants, and
  Member States are not able to reach a qualified majority
  in favour of the draft implementing act providing for the grant of authorisation for a product or substance, that authorisation should be deemed to have been refused
  .

Amendment 8

Proposal for a regulation

Recital 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | In order to increase the added value of the appeal committee its role should therefore be strengthened by providing for the possibility of holding a further meeting of the appeal committee whenever no opinion is delivered. The appropriate level of representation at the further meeting of the appeal committee should be ministerial level, to ensure a political discussion. To allow the organisation of such a further meeting the timeframe for the appeal committee to deliver an opinion should be extended. |

Text proposed by the Commission

Amendment

(8)

In order to increase the added value of the appeal committee its role should therefore be strengthened by providing for the possibility of holding a further meeting of the appeal committee whenever no opinion is delivered. The appropriate level of representation at the further meeting of the appeal committee should be ministerial level, to ensure a political discussion. To allow the organisation of such a further meeting the timeframe for the appeal committee to deliver an opinion should be extended.

| (8) | In order to increase the added value of the appeal committee its role should therefore be strengthened by providing for the possibility of holding a further meeting of the appeal committee whenever no opinion is delivered. The appropriate level of representation at the further meeting of the appeal committee should be
  of a sufficiently high political level, such as
  ministerial level, to ensure a political discussion. To allow the organisation of such a further meeting the timeframe for the appeal committee to deliver an opinion should be extended
  . However, such extension should be for a short period only
  . |
| --- | --- |

(8)

In order to increase the added value of the appeal committee its role should therefore be strengthened by providing for the possibility of holding a further meeting of the appeal committee whenever no opinion is delivered. The appropriate level of representation at the further meeting of the appeal committee should be
  of a sufficiently high political level, such as
  ministerial level, to ensure a political discussion. To allow the organisation of such a further meeting the timeframe for the appeal committee to deliver an opinion should be extended
  . However, such extension should be for a short period only
  .

Amendment 9

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | The Commission should have the possibility, in specific cases, to ask the Council to indicate
  its views
  and orientation on the wider implications of the absence of an opinion, including the institutional, legal, political and international implications. The Commission should take account of any position expressed by the Council within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referral. |

Text proposed by the Commission

Amendment

(10)

The Commission should have the possibility, in specific cases, to ask the Council to indicate
  its views
  and orientation on the wider implications of the absence of an opinion, including the institutional, legal, political and international implications. The Commission should take account of any position expressed by the Council within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referral.

| (10) | The Commission should have the possibility, in specific cases, to ask the
  European Parliament and the
  Council to indicate
  their positions
  and orientation on the wider implications of the absence of an opinion, including the institutional, legal,
  economic,
  political and international implications. The Commission should take account of any position expressed by the
  European Parliament and by the
  Council within 3 months after the referral. In duly justified cases,
  for reasons of urgency,
  the Commission may indicate a shorter deadline in the referral.
  The positions expressed by the European Parliament and by the Council should also be sent to the European Economic and Social Committee, and to the European Parliament and to the Council as appropriate, without undue delay. |
| --- | --- |

(10)

The Commission should have the possibility, in specific cases, to ask the
  European Parliament and the
  Council to indicate
  their positions
  and orientation on the wider implications of the absence of an opinion, including the institutional, legal,
  economic,
  political and international implications. The Commission should take account of any position expressed by the
  European Parliament and by the
  Council within 3 months after the referral. In duly justified cases,
  for reasons of urgency,
  the Commission may indicate a shorter deadline in the referral.
  The positions expressed by the European Parliament and by the Council should also be sent to the European Economic and Social Committee, and to the European Parliament and to the Council as appropriate, without undue delay.

Amendment 10

Proposal for a regulation

Recital 10 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (10a) | Where it appears that it would be difficult to obtain positive opinions from the Member States in relation to several similar draft implementing acts, consideration should be given to reviewing the implementing powers conferred on the Commission in the relevant basic acts. |

Text proposed by the Commission

Amendment

(10a)

Where it appears that it would be difficult to obtain positive opinions from the Member States in relation to several similar draft implementing acts, consideration should be given to reviewing the implementing powers conferred on the Commission in the relevant basic acts.

Amendment 11

Proposal for a regulation

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | Transparency on the votes of Member State representatives
  at the appeal committee level
  should be increased and the individual Member State representatives' votes should be made public. |

Text proposed by the Commission

Amendment

(11)

Transparency on the votes of Member State representatives
  at the appeal committee level
  should be increased and the individual Member State representatives' votes should be made public.

| (11) | Transparency on the votes of Member State representatives
  throughout all stages of the advisory and examination procedures
  should be increased and the individual Member State representatives' votes should be made public.
  Where the act concerns particularly sensitive areas, such as the protection of consumers, the health or safety of humans, animals or plants, or the protection of the environment, case-specific detailed reasons for votes and abstentions should be given by each Member State representative. The Commission should also provide information on the composition of committees, including the persons present and the authorities and organisations to which those persons belong, as well as the agendas of the meetings and the documents and drafts of texts being discussed. |
| --- | --- |

(11)

Transparency on the votes of Member State representatives
  throughout all stages of the advisory and examination procedures
  should be increased and the individual Member State representatives' votes should be made public.
  Where the act concerns particularly sensitive areas, such as the protection of consumers, the health or safety of humans, animals or plants, or the protection of the environment, case-specific detailed reasons for votes and abstentions should be given by each Member State representative. The Commission should also provide information on the composition of committees, including the persons present and the authorities and organisations to which those persons belong, as well as the agendas of the meetings and the documents and drafts of texts being discussed.

Amendment 12

Proposal for a regulation

Recital 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (11a) | In order to enhance Union citizens’ awareness and understanding of the procedure and enhance the visibility thereof, reasons should be given by each Member State representative for his or her vote or abstention or for any absence of that representative. |

Text proposed by the Commission

Amendment

(11a)

In order to enhance Union citizens’ awareness and understanding of the procedure and enhance the visibility thereof, reasons should be given by each Member State representative for his or her vote or abstention or for any absence of that representative.

Amendment 13

Proposal for a regulation

Recital 11 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (11b) | The accessibility of the register should be further increased and changes to its content should be made in order to ensure that there is greater transparency concerning the decision-making process, in particular by adding more information as regards that process. Improving the search functions of the register to allow searches by policy area would be an essential element in that regard. |

Text proposed by the Commission

Amendment

(11b)

The accessibility of the register should be further increased and changes to its content should be made in order to ensure that there is greater transparency concerning the decision-making process, in particular by adding more information as regards that process. Improving the search functions of the register to allow searches by policy area would be an essential element in that regard.

Amendment 14

Proposal for a regulation

Article 1 — paragraph 1 — point 1

Regulation (EU) No 182/2011

Article 3 — paragraph 7 — subparagraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| ‘Where no opinion is delivered in the appeal committee pursuant to the second subparagraph of Article 6(3), the chair may decide that the appeal committee shall hold a further meeting, at ministerial level. In such cases the appeal committee shall deliver its opinion within 3 months of the initial date of referral.’; | ‘Where no opinion is delivered in the appeal committee pursuant to the second subparagraph of Article 6(3), the chair
  or a simple majority of the Member States
  may decide that the appeal committee shall hold a further meeting, at
  a sufficiently high political level, such as at
  ministerial level. In such cases the appeal committee shall deliver its opinion within 3 months of the initial date of referral.’; |

Text proposed by the Commission

Amendment

‘Where no opinion is delivered in the appeal committee pursuant to the second subparagraph of Article 6(3), the chair may decide that the appeal committee shall hold a further meeting, at ministerial level. In such cases the appeal committee shall deliver its opinion within 3 months of the initial date of referral.’;

‘Where no opinion is delivered in the appeal committee pursuant to the second subparagraph of Article 6(3), the chair
  or a simple majority of the Member States
  may decide that the appeal committee shall hold a further meeting, at
  a sufficiently high political level, such as at
  ministerial level. In such cases the appeal committee shall deliver its opinion within 3 months of the initial date of referral.’;

Amendment 15

Amendment 15

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point b

Article 1 — paragraph 1 — point 2 — point b

Regulation (EU) No 182/2011

Article 6 — paragraph 3a

| Text proposed by the Commission | Amendment |
| --- | --- |
| ‘3a.   Where no opinion is delivered in the appeal committee, the Commission may refer the matter to the Council for
  an opinion
  indicating
  its views
  and orientation on the wider implications of the absence of opinion, including the institutional, legal, political and international implications. The Commission shall take account of any position expressed by the Council within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referral.’; | ‘3a.   Where no opinion is delivered in the appeal committee, the Commission may refer the matter
  to the European Parliament and
  to the Council for
  opinions
  indicating
  their positions
  and orientation on the wider implications of the absence of opinion, including the institutional, legal,
  economic,
  political and international implications
  of the outcome of the vote in the appeal committee
  . The Commission shall take account of any position expressed
  by the European Parliament and
  by the Council within 3 months after the referral. In duly justified cases,
  for reasons of urgency,
  the Commission may indicate a shorter deadline in the referral.
  The positions expressed by the European Parliament and by the Council shall also be sent to the European Economic and Social Committee, and to the European Parliament and to the Council as appropriate, without undue delay.
  ’; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

‘3a.   Where no opinion is delivered in the appeal committee, the Commission may refer the matter to the Council for
  an opinion
  indicating
  its views
  and orientation on the wider implications of the absence of opinion, including the institutional, legal, political and international implications. The Commission shall take account of any position expressed by the Council within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referral.’;

‘3a.   Where no opinion is delivered in the appeal committee, the Commission may refer the matter
  to the European Parliament and
  to the Council for
  opinions
  indicating
  their positions
  and orientation on the wider implications of the absence of opinion, including the institutional, legal,
  economic,
  political and international implications
  of the outcome of the vote in the appeal committee
  . The Commission shall take account of any position expressed
  by the European Parliament and
  by the Council within 3 months after the referral. In duly justified cases,
  for reasons of urgency,
  the Commission may indicate a shorter deadline in the referral.
  The positions expressed by the European Parliament and by the Council shall also be sent to the European Economic and Social Committee, and to the European Parliament and to the Council as appropriate, without undue delay.
  ’;

Amendment 16

Amendment 16

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point b a (new)

Article 1 — paragraph 1 — point 2 — point b a (new)

Regulation (EU) No 182/2011

Article 6 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the following paragraph is inserted:





  ‘4a.
     
  By way of derogation from paragraph 3, where the basic act concerns the protection of the health or safety of humans, animals or plants and the draft implementing act provides for the grant of authorisation for a product or substance, that authorisation shall only be granted if the vote in accordance with paragraph 1 results in a positive opinion.




  The first subparagraph shall be without prejudice to the right of the Commission to propose a modified draft implementing act concerning the same subject matter.’; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

the following paragraph is inserted:

the following paragraph is inserted:

‘4a.
     
  By way of derogation from paragraph 3, where the basic act concerns the protection of the health or safety of humans, animals or plants and the draft implementing act provides for the grant of authorisation for a product or substance, that authorisation shall only be granted if the vote in accordance with paragraph 1 results in a positive opinion.

The first subparagraph shall be without prejudice to the right of the Commission to propose a modified draft implementing act concerning the same subject matter.’;

Amendment 17

Amendment 17

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 — point b b (new)

Article 1 — paragraph 1 — point 2 — point b b (new)

Regulation (EU) No 182/2011

Article 6 — paragraph 4 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (bb) | the following paragraph is inserted:





  ‘4b.
     
  The Member State representatives shall provide reasons for their vote or abstention under paragraph 1 or for any absence from the vote.




  Where the act concerns particularly sensitive areas, such as the protection of consumers, the health or safety of humans, animals or plants, or the environment, the Member State representatives shall provide case-specific detailed reasons for their vote or abstention.’; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(bb)

(bb)

the following paragraph is inserted:

the following paragraph is inserted:

‘4b.
     
  The Member State representatives shall provide reasons for their vote or abstention under paragraph 1 or for any absence from the vote.

Where the act concerns particularly sensitive areas, such as the protection of consumers, the health or safety of humans, animals or plants, or the environment, the Member State representatives shall provide case-specific detailed reasons for their vote or abstention.’;

Amendment 18

Amendment 18

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 — point -a (new)

Article 1 — paragraph 1 — point 3 — point -a (new)

Regulation (EU) No 182/2011

Article 10 — paragraph 1 — point b

| Present text | Amendment |
| --- | --- |
| | (-a) | in paragraph 1, point (b) is replaced by the following: |

Present text

Present text

Amendment

Amendment

(-a)

(-a)

in paragraph 1, point (b) is replaced by the following:

| (b) | the agendas of committee meetings; |
| --- | --- |

(b)

the agendas of committee meetings;

| ‘(b) | the agendas of committee meetings
  , including drafts of the texts to be decided upon and documents to be discussed
  ;’; |
| --- | --- |

‘(b)

the agendas of committee meetings
  , including drafts of the texts to be decided upon and documents to be discussed
  ;’;

, including drafts of the texts to be decided upon and documents to be discussed

Amendment 19

Amendment 19

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 — point -a a (new)

Article 1 — paragraph 1 — point 3 — point -a a (new)

Regulation (EU) No 182/2011

Article 10 — paragraph 1 — point c

| Present text | Amendment |
| --- | --- |
| | (-aa) | in paragraph 1, point (c) is replaced by the following: |

Present text

Present text

Amendment

Amendment

(-aa)

(-aa)

in paragraph 1, point (c) is replaced by the following:

| (c) | the summary records, together with the lists of the authorities and organisations to which
  the
  persons designated by the Member States to represent them belong; |
| --- | --- |

(c)

the summary records, together with the lists of the authorities and organisations to which
  the
  persons designated by the Member States to represent them belong;

the

| ‘(c) | the summary records, together with the lists of the
  persons present at the meeting and the
  authorities and organisations to which
  those
  persons designated by the Member States to represent them belong;’; |
| --- | --- |

‘(c)

the summary records, together with the lists of the
  persons present at the meeting and the
  authorities and organisations to which
  those
  persons designated by the Member States to represent them belong;’;

persons present at the meeting and the

those

Amendment 20

Amendment 20

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 — point a

Article 1 — paragraph 1 — point 3 — point a

Regulation (EU) No 182/2011

Article 10 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| ‘(e) | the voting results
  including, in the case of the appeal committee, the votes expressed by the representative of
  each Member State;’; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

‘(e)

the voting results
  including, in the case of the appeal committee, the votes expressed by the representative of
  each Member State;’;

including, in the case of the appeal committee, the votes expressed by the representative of

| ‘(e) | the voting results
  , including the votes expressed by
  each Member State
  representative and any abstentions, accompanied by the reasons for the vote or abstention as well as reasons for absence from the vote, and, where the act concerns particularly sensitive areas, such as the protection of consumers, the health or safety of humans, animals or plants, or the environment, the accompanying case-specific detailed reasons for the vote or abstention
  ;’; |
| --- | --- |

‘(e)

the voting results
  , including the votes expressed by
  each Member State
  representative and any abstentions, accompanied by the reasons for the vote or abstention as well as reasons for absence from the vote, and, where the act concerns particularly sensitive areas, such as the protection of consumers, the health or safety of humans, animals or plants, or the environment, the accompanying case-specific detailed reasons for the vote or abstention
  ;’;

, including the votes expressed by

representative and any abstentions, accompanied by the reasons for the vote or abstention as well as reasons for absence from the vote, and, where the act concerns particularly sensitive areas, such as the protection of consumers, the health or safety of humans, animals or plants, or the environment, the accompanying case-specific detailed reasons for the vote or abstention

Amendment 21

Amendment 21

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 — point a a (new)

Article 1 — paragraph 1 — point 3 — point a a (new)

Regulation (EU) No 182/2011

Article 10 — paragraph 3

| Present text | Amendment |
| --- | --- |
| | (aa) | paragraph 3 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(aa)

(aa)

paragraph 3 is replaced by the following:

paragraph 3 is replaced by the following:

3.   The European Parliament and the Council shall have access to the information referred to in paragraph 1 in accordance with the applicable rules.

‘3.   The European Parliament and the Council shall have access to the information referred to in paragraph 1 in accordance with applicable rules
  and without undue delay
  .’;

Amendment 22

Amendment 22

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 — point b

Article 1 — paragraph 1 — point 3 — point b

Regulation (EU) No 182/2011

Article 10 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| ‘5.   
  The references of
  all documents
  referred to in points (a) to (d), (f) and (g) of paragraph 1 as well as the
  information referred to in
  points (e) and (h) of that
  paragraph shall be made public in the register.’ | ‘5.   All documents
  and
  information referred to in paragraph
  1
  shall be made public in the register.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

‘5.   
  The references of
  all documents
  referred to in points (a) to (d), (f) and (g) of paragraph 1 as well as the
  information referred to in
  points (e) and (h) of that
  paragraph shall be made public in the register.’

‘5.   All documents
  and
  information referred to in paragraph
  1
  shall be made public in the register.’

Amendment 23

Amendment 23

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 — point b a (new)

Article 1 — paragraph 1 — point 3 — point b a (new)

Regulation (EU) No 182/2011

Article 10 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the following paragraph is added: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

the following paragraph is added:

the following paragraph is added:

‘5a.
     
  The search functions of the register shall enable searches to be made by policy area.’;

Amendment 24

Amendment 24

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 a (new)

Article 1 — paragraph 1 — point 3 a (new)

Regulation (EU) No 182/2011

Article 11

| Present text | Amendment |
| --- | --- |
| | (3a) | Article 11 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3a)

(3a)

Article 11 is replaced by the following:

Article 11

‘Article 11

Right of scrutiny for the European Parliament and the Council

Right of scrutiny for the European Parliament and the Council

Where a basic act is adopted under the ordinary legislative procedure, either the European Parliament or the Council may at any time indicate to the Commission that, in its view, a draft implementing act exceeds the implementing powers provided for in the basic act. In such a case, the Commission shall review the draft implementing act, taking account of the positions expressed, and shall inform the European Parliament and the Council whether it intends to maintain, amend or withdraw the draft implementing act.

Where a basic act is adopted under the ordinary legislative procedure, either the European Parliament or the Council may at any time indicate to the Commission that, in its view, a draft implementing act exceeds the implementing powers provided for in the basic act
  , or is in conflict with the objectives of the basic act
  . In such a case, the Commission shall review the draft implementing act, taking account of the positions expressed, and shall inform the European Parliament and the Council whether it intends to maintain, amend or withdraw the draft implementing act.

, or is in conflict with the objectives of the basic act

In addition, where either the European Parliament or the Council considers it to be appropriate to review the conferral of implementing powers on the Commission in the basic act, it may, at any time, call on the Commission to submit a proposal to amend that basic act.’

In addition, where either the European Parliament or the Council considers it to be appropriate to review the conferral of implementing powers on the Commission in the basic act, it may, at any time, call on the Commission to submit a proposal to amend that basic act.’

Amendment 25

Amendment 25

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1

Article 2 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| This Regulation shall
  not
  apply to
  pending
  procedures
  on which the appeal committee has already delivered an opinion on
  the date of entry into force
  of this Regulation
  . | This Regulation shall apply to procedures
  begun after
  the date of
  its
  entry into force. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

This Regulation shall
  not
  apply to
  pending
  procedures
  on which the appeal committee has already delivered an opinion on
  the date of entry into force
  of this Regulation
  .

not

pending

on which the appeal committee has already delivered an opinion on

of this Regulation

This Regulation shall apply to procedures
  begun after
  the date of
  its
  entry into force.

begun after

its

---

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0187/2020).

1

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/267 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/267

---

P9_TA(2020)0374

Union action for the European Capitals of Culture for the years 2020 to 2033 ***I

European Parliament legislative resolution of 17 December 2020 on the proposal for a decision of the European Parliament and of the Council amending Decision No 445/2014/EU establishing a Union action for the European Capitals of Culture for the years 2020 to 2033 (COM(2020)0384 — C9-0275/2020 — 2020/0179(COD))

(Ordinary legislative procedure: first reading)

(2021/C 445/46)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2020)0384), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2020)0384),

| — | having regard to Article 294(2) and Article 167(5) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0275/2020), |
| --- | --- |

—

having regard to Article 294(2) and Article 167(5) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0275/2020),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | after consulting the Committee of the Regions, |
| --- | --- |

—

after consulting the Committee of the Regions,

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 25 November 2020 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 25 November 2020 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Culture and Education (A9-0201/2020), |
| --- | --- |

—

having regard to the report of the Committee on Culture and Education (A9-0201/2020),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

| 3. | Instructs its president to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

---

P9_TC1-COD(2020)0179

Position of the European Parliament adopted at first reading on 17 December 2020 with a view to the adoption of Decision (EU) 2020/... of the European Parliament and of the Council amending Decision No 445/2014/EU establishing a Union action for the European Capitals of Culture for the years 2020 to 2033

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision (EU) 2020/2229.)

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/268 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/268

---

P9_TA(2020)0381

Certain aspects of railway safety and connectivity with regard to the Channel Tunnel ***I

European Parliament legislative resolution of 17 December 2020 on the proposal for a regulation of the European Parliament and of the Council on certain aspects of railway safety and connectivity with regard to the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link (COM(2020)0782 — C9-0379/2020 — 2020/0347(COD))

(Ordinary legislative procedure: first reading)

(2021/C 445/47)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2020)0782), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2020)0782),

| — | having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0379/2020), |
| --- | --- |

—

having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0379/2020),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | after consulting the European Economic and Social Committee, |
| --- | --- |

—

after consulting the European Economic and Social Committee,

| — | after consulting the Committee of the Regions, |
| --- | --- |

—

after consulting the Committee of the Regions,

| — | having regard to the undertaking given by the Council representative by letter of 2 December 2020 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 2 December 2020 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rules 59 and 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 59 and 163 of its Rules of Procedure,

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

---

P9_TC1-COD(2020)0347

Position of the European Parliament adopted at first reading on 17 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council on certain aspects of railway safety and connectivity with regard to the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2020/2222.)

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| 29.10.2021 | EN | Official Journal of the European Union | C 445/269 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/269

---

P9_TA(2020)0389

Fishing authorisations for Union fishing vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters ***I

European Parliament legislative resolution of 18 December 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2017/2403 as regards fishing authorisations for Union fishing vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters (COM(2020)0830 — C9-0396/2020 — 2020/0366(COD))

(Ordinary legislative procedure: first reading)

(2021/C 445/48)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2020)0830), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2020)0830),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0396/2020), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0396/2020),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | after consulting the European Economic and Social Committee, |
| --- | --- |

—

after consulting the European Economic and Social Committee,

| — | having regard to the undertaking given by the Council representative by letter of 15 December 2020 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 15 December 2020 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rules 59 and 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 59 and 163 of its Rules of Procedure,

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

---

P9_TC1-COD(2020)0366

Position of the European Parliament adopted at first reading on 18 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council amending Regulation (EU) 2017/2403 as regards fishing authorisations for Union fishing vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2020/2227.)

---

Friday 18 December 2020

| 29.10.2021 | EN | Official Journal of the European Union | C 445/270 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/270

---

P9_TA(2020)0385

General budget of the European Union for the financial year 2021 — all sections

European Parliament resolution of 18 December 2020 on the Council position on the second draft general budget of the European Union for the financial year 2021 (13892/2020 — C9-0408/2020 — 2020/0371(BUD))

(2021/C 445/49)

The European Parliament,

| — | having regard to Article 314 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 314 of the Treaty on the Functioning of the European Union,

| — | having regard to Article 106a of the Treaty establishing the European Atomic Energy Community, |
| --- | --- |

—

having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

| — | having regard to Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (1), |
| --- | --- |

—

having regard to Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (1),

| — | having regard to draft Council Decision on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom, |
| --- | --- |

—

having regard to draft Council Decision on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom,

| — | having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (2), |
| --- | --- |

—

having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (2),

| — | having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU, and repealing Regulation (EU, Euratom) No 966/2012 (3), |
| --- | --- |

—

having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU, and repealing Regulation (EU, Euratom) No 966/2012 (3),

| — | having regard to Council Regulation laying down the multiannual financial framework for the years 2021 to 2027, |
| --- | --- |

—

having regard to Council Regulation laying down the multiannual financial framework for the years 2021 to 2027,

| — | having regard to the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources, |
| --- | --- |

—

having regard to the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources,

| — | having regard to the political agreement of 10 November 2020 on the multiannual financial framework for the years 2021 to 2027, |
| --- | --- |

—

having regard to the political agreement of 10 November 2020 on the multiannual financial framework for the years 2021 to 2027,

| — | having regard to the special report of the Intergovernmental Panel on Climate Change (IPCC) of 8 October 2018 on Global Warming of 1,5 oC (4), |
| --- | --- |

—

having regard to the special report of the Intergovernmental Panel on Climate Change (IPCC) of 8 October 2018 on Global Warming of 1,5 oC (4),

| — | having regard to its resolution of 16 January 2020 on the 15th meeting of the Conference of Parties (COP15) to the Convention on Biological Diversity (5), |
| --- | --- |

—

having regard to its resolution of 16 January 2020 on the 15th meeting of the Conference of Parties (COP15) to the Convention on Biological Diversity (5),

| — | having regard to its resolution of 19 June 2020 on general guidelines for the preparation of the 2021 budget Section III — Commission (6), |
| --- | --- |

—

having regard to its resolution of 19 June 2020 on general guidelines for the preparation of the 2021 budget Section III — Commission (6),

| — | having regard to its resolution of 14 May 2020 on Parliament’s estimates of revenue and expenditure for the financial year 2021 (7), |
| --- | --- |

—

having regard to its resolution of 14 May 2020 on Parliament’s estimates of revenue and expenditure for the financial year 2021 (7),

| — | having regard to the draft general budget of the European Union for the financial year 2021, which the Commission adopted on 27 July 2020 (COM(2020)0300) (the ‘first DB’), |
| --- | --- |

—

having regard to the draft general budget of the European Union for the financial year 2021, which the Commission adopted on 27 July 2020 (COM(2020)0300) (the ‘first DB’),

| — | having regard to the position on the draft general budget of the European Union for the financial year 2021, which the Council adopted on 28 September 2020 and forwarded to Parliament on 1 October 2020 (11072/1/2020 — C9-0314/2020), |
| --- | --- |

—

having regard to the position on the draft general budget of the European Union for the financial year 2021, which the Council adopted on 28 September 2020 and forwarded to Parliament on 1 October 2020 (11072/1/2020 — C9-0314/2020),

| — | having regard to its resolution of 12 November 2020 on the Council position on the draft general budget of the European Union for the financial year 2021 (8), |
| --- | --- |

—

having regard to its resolution of 12 November 2020 on the Council position on the draft general budget of the European Union for the financial year 2021 (8),

| — | having regard to the fact that the Conciliation Committee did not agree on a joint text within the twenty-one days referred to in Article 314(6) of Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the fact that the Conciliation Committee did not agree on a joint text within the twenty-one days referred to in Article 314(6) of Treaty on the Functioning of the European Union,

| — | having regard to the statement by the Conciliation Committee on a common understanding on the content of the budget for 2021, |
| --- | --- |

—

having regard to the statement by the Conciliation Committee on a common understanding on the content of the budget for 2021,

| — | having regard to the second draft general budget of the European Union for the financial year 2021, which the Commission adopted on 10 December 2020 (COM(2020)0836), in accordance with Article 314(8) TFEU, |
| --- | --- |

—

having regard to the second draft general budget of the European Union for the financial year 2021, which the Commission adopted on 10 December 2020 (COM(2020)0836), in accordance with Article 314(8) TFEU,

| — | having regard to the position on the second draft general budget of the European Union for the financial year 2021, which the Council adopted on 14 December 2020 (13892/2020 — C9-0408/2020), |
| --- | --- |

—

having regard to the position on the second draft general budget of the European Union for the financial year 2021, which the Council adopted on 14 December 2020 (13892/2020 — C9-0408/2020),

| — | having regard to Rules 94 and 96 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 94 and 96 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A9-0267/2020), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A9-0267/2020),

| 1. | Recalls that Article 312(1) of the Treaty on the Functioning of the European Union (TFEU) provides that the annual budget of the Union shall comply with the multiannual financial framework; notes that the Conciliation Committee, meeting on 4 December 2020, could not agree on a joint text within the 21-day conciliation period provided for in Article 314(5) TFEU, given the lack of clarity as regards the multiannual financial framework for 2021-2027 (MFF) by the end of the conciliation period; |
| --- | --- |

1.

| 2. | Recalls that the Conciliation Committee reached a common understanding on the content of Budget 2021 based on the Draft Elements for Joint Conclusions No 4 as presented by the Commission on 4 December 2020, and invited the Commission to submit a second draft budget for 2021 reflecting the common understanding as soon as there are sufficient assurances that Article 312(1) TFEU can be complied with; notes that the Draft Elements for Joint Conclusions No 4 include five statements, including on tackling child poverty under the European Social Fund + and on tackling the impact of the COVID-19 crisis on the sectors, such as tourism and SMEs, and people most hit; |
| --- | --- |

2.

| 3. | Notes that the conditions set by the Conciliation Committee have been fulfilled and the second draft general budget of the Union for the financial year 2021 as presented by the Commission corresponds to the common understanding; notes that the overall level of commitment appropriations in Budget 2021 is set at EUR 164 251,5 million, leaving a margin of EUR 778,8 million in commitment appropriations below the MFF ceilings for 2021; |
| --- | --- |

3.

| 4. | Welcomes that the increase of EUR 185 million on top of the levels of the first DB as modified by Amending letter No 1/2020 obtained in the conciliation negotiations correspond to Parliament’s main political priorities; notes that the increases include EUR 60,3 million for the Connecting Europe Facility — Transport, EUR 42 million for LIFE, EUR 25,7 million for the Digital Europe Programme, EUR 6,6 million for the Rights and Values Programme, of which EUR 4,8 million is for Daphne), EUR 2,7 million for the Justice programme, EUR 25 million for Humanitarian Aid, as part of the EUR 500 million reinforcement for the period from 2021 to 2027 as agreed in the context of the MFF, EUR 10,2 million for UNRWA under the Neighbourhood, Development and International Cooperation Instrument (NDICI) and EUR 7,3 million for the European Public Prosecutor’s Office mainly for staff reinforcements; further notes that Amending letter No 1/2020 had already incorporated increases for the Horizon Europe, Erasmus+ and EU4Health programmes to reflect the outcome of the MFF negotiations; |
| --- | --- |

4.

| 5. | Notes that the overall level of payment appropriations in Budget 2021 is set at EUR 166 060,5 million, leaving a margin of EUR 2 001,4 million in payment appropriations below the MFF ceilings for 2021; welcomes that the overall level of payment appropriations agreed for 2021 represents an increase of 1,2 % compared to Budget 2020; underlines the importance of the joint statement on payments appropriations in which the Parliament and the Council commit to take necessary decisions in due time for justified needs; |
| --- | --- |

5.

| 6. | Welcomes the fact that, in accordance with Article 15(3) of the Financial Regulation and the joint statement on the implementation of that paragraph agreed between the European Parliament and the Council, the Conciliation Committee agreed, for the first time, to make EUR 20 million in commitment appropriations available again on the research budget lines; insists on the full implementation of Article 15(3) of the Financial Regulation in the MFF so as to reach the EUR 500 million agreed; |
| --- | --- |

6.

| 7. | Recalls that the Conciliation Committee made it clear that the reduction of EUR 61 million for the European Border and Coast Guard Agency (Frontex) in 2021 does not affect the overall top-up of EUR 500 million (in 2018 prices) agreed politically in the context of the MFF negotiations, and that the cut will be compensated in later years in line with the agreement on the MFF; |
| --- | --- |

7.

| 8. | Welcomes the fact that Parliament succeeded in making the case for a more differentiated budget nomenclature compared to the one proposed by the Commission in the first DB, namely as concerns NDICI, Erasmus+, the Rights and Values programme and social dialogue; believes that those modifications will allow Parliament and the Council to better exercise their decision-making role in the annual budgetary procedure and their scrutiny over the implementation of the budget; regrets however that, during the conciliation, the Council and the Commission could not agree to a more detailed nomenclature as proposed by Parliament, in particular for the Asylum and Migration Fund and the Border Management and Visa Instrument, as well as for the Instrument for Pre-Accession Assistance and for more differentiation for the NDICI, in particular the Neighbourhood strand; |
| --- | --- |

8.

| 9. | Notes that the overall level of appropriations in Budget 2021 for the Parliament is set at EUR 2 063 million; |
| --- | --- |

9.

| 10. | Welcomes the creation of a total of 75 posts and the corresponding increase in appropriations for the Court of Justice of the European Union, the European Economic and Social Committee (EESC), the European Committee of the Regions (CoR), the European Ombudsman and the European External Action Service (EEAS) to ensure that they have sufficient resources and staff to enable them to fulfil their missions as well as possible and to function optimally; |
| --- | --- |

10.

| 11. | Welcomes the reinforcement of EUR 590 854 for the EESC on the Interpreting budget line and the reinforcement of EUR 564 796 for the CoR on the Technical equipment and installations, and Third parties and Political groups' communication activities budget lines; |
| --- | --- |

11.

| 12. | Welcomes the Commission proposal to increase the appropriations for the EEAS in Budget 2021 due to new responsibilities in the governance of the European Peace Facility and for better operationality of the consular services; welcomes the budget-neutral transfer of Commission staff from the administrative sections of Union delegations to the EEAS in order to simplify and rationalise administrative and financial circuits and allow for the efficient and autonomous management of staff; welcomes the reinforcement of EUR 1 million to fight disinformation on the Strategic Communication Capacity budget line; |
| --- | --- |

12.

| 13. | Agrees that the cut of 10 % in lines devoted to missions is justified in view of the health and economic crisis resulting from the COVID-19 outbreak; |
| --- | --- |

13.

| 14. | Approves the Council position on the second draft general budget of the European Union for the financial year 2021 as well as the joint statements annexed to this resolution; |
| --- | --- |

14.

| 15. | Instructs its President to declare that the general budget of the European Union for the financial year 2021 has been definitively adopted and to arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

15.

| 16. | Instructs its President to forward this resolution to the Council, the Commission, the other institutions and bodies concerned and the national parliaments. |
| --- | --- |

16.

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(1)  OJ L 168, 7.6.2014, p. 105.

(2)  OJ L 298, 26.10.2012, p. 1.

(3)  OJ L 193, 30.7.2018, p. 1.

(4)  https://www.ipcc.ch/sr15/

(5)  Texts adopted, P9_TA(2020)0015.

(6)  Texts adopted, P9_TA(2020)0166.

(7)  Texts adopted, P9_TA(2020)0123.

(8)  Texts adopted, P9_TA(2020)0302.

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ANNEX: STATEMENT BY THE CONCILIATION COMMITTEE

| 1. | The Conciliation Committee referred to in Article 314(5) TFEU, meeting on 4 December 2020, examined the Commission proposal for a draft general budget 2021 (COM(2020)0300) and the Amending Letter No 1 to the draft general budget 2021 (COM(2020)0748). |
| --- | --- |

1.

| 2. | In that meeting the Conciliation Committee reached a common understanding on the content of the budget for 2021, based on the Draft Elements for Joint Conclusions No 4 as presented by the Commission on 4 December 2020. |
| --- | --- |

2.

| 3. | Recalling Article 312(1) TFEU, according to which ‘The annual budget of the Union shall comply with the multiannual financial framework’, the Conciliation Committee, in the light of the circumstances as regards the multiannual financial framework for 2021-2027, is not in a position to agree on a joint text within the conciliation period of 21 days, as provided for in Article 314(5) TFEU. |
| --- | --- |

3.

| 4. | The Commission is therefore invited to submit a new draft budget for 2021, in conformity with Article 314(8) TFEU, taking due account of the common understanding reached in the Conciliation Committee, as soon as there are sufficient assurances that Article 312(1) TFEU can be complied with, in order to enable the European Parliament and the Council to expeditiously process such new draft budget for 2021 on that basis. |
| --- | --- |

4.

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ANNEX: Budget 2021 — Elements for joint conclusions

These joint conclusions cover the following sections:

| 1. | Budget 2021 |
| --- | --- |

1.

Budget 2021

| 2. | Budget 2020 — Draft Amending Budget No. 10/2020 |
| --- | --- |

2.

Budget 2020 — Draft Amending Budget No. 10/2020

| 3. | Statements |
| --- | --- |

3.

Statements

Summary overview

A.   Budget 2021

According to the elements for joint conclusions:

| — | The overall level of commitment appropriations in the 2021 budget is set at EUR 164 251,5 million. Overall, this leaves a margin below the MFF ceilings for 2021 of EUR 778,8 million in commitment appropriations. |
| --- | --- |

—

The overall level of commitment appropriations in the 2021 budget is set at EUR 164 251,5 million. Overall, this leaves a margin below the MFF ceilings for 2021 of EUR 778,8 million in commitment appropriations.

| — | The overall level of payment appropriations in the 2021 budget is set at EUR 166 060,5 million. Overall, this leaves a margin below the MFF ceilings for 2021 of EUR 2 001,4 million in payment appropriations. |
| --- | --- |

—

The overall level of payment appropriations in the 2021 budget is set at EUR 166 060,5 million. Overall, this leaves a margin below the MFF ceilings for 2021 of EUR 2 001,4 million in payment appropriations.

| — | The Flexibility Instrument for 2021 is mobilised in commitment appropriations for an amount of EUR 76,4 million for heading 2b Resilience and Values.
  The 2021 payment appropriations related to the mobilisation of the Flexibility Instrument in 2018, 2019, 2020 and 2021 are estimated by the Commission at EUR 628,5 million. The estimated payment schedule of the related outstanding amounts for these years is detailed in the following table:











  Flexibility instrument — payment profile |
| --- | --- |
| Mobilisation year | 2021 | 2022 | 2023 | 2024 | Total |
| 2018 | 34,2 | 0,0 | 0,0 | 0,0 | 34,2 |
| 2019 | 135,2 | 140,9 | 82,2 | 0,0 | 358,4 |
| 2020 | 413,7 | 66,2 | 39,9 | 0,0 | 519,8 |
| 2021 | 45,4 | 13,0 | 10,3 | 7,6 | 76,4 |
| Total | 628,5 | 220,1 | 132,5 | 7,6 | 988,7 |

—

The Flexibility Instrument for 2021 is mobilised in commitment appropriations for an amount of EUR 76,4 million for heading 2b Resilience and Values.

The 2021 payment appropriations related to the mobilisation of the Flexibility Instrument in 2018, 2019, 2020 and 2021 are estimated by the Commission at EUR 628,5 million. The estimated payment schedule of the related outstanding amounts for these years is detailed in the following table:

Flexibility instrument — payment profile

Mobilisation year

2021

2022

2023

2024

Total

2018

34,2

0,0

0,0

0,0

34,2

2019

135,2

140,9

82,2

0,0

358,4

2020

413,7

66,2

39,9

0,0

519,8

2021

45,4

13,0

10,3

7,6

76,4

Total

628,5

220,1

132,5

7,6

988,7

B.   Budget 2020

Draft Amending Budget No. 10/2020 is approved as proposed by the Commission.

1.   Budget 2021

1.1.   ‘Closed’ lines

Unless stated otherwise below in these conclusions, all budget lines not amended by either Council or Parliament, and those for which Parliament accepted Council's amendments during their respective reading, are confirmed as proposed in the Commission’s proposal for a draft budget for 2021 as amended in Amending Letter No. 1/2021.

For the other budget lines, the Conciliation Committee has agreed on the conclusions included in sections 1.2 to 1.7 below.

1.2.   Horizontal issues

Decentralised agencies

The EU contribution (in commitment and payment appropriations and the number of posts) for all decentralised agencies are set at the level proposed by the Commission in Amending Letter No. 1/2021 with the exception of:

| — | Under heading 2b:






  — | The European Union Agency for Fundamental Rights (FRA, budget article 07 10 04) for which the level of commitment and payment appropriations is increased by EUR 638 178. |
| --- | --- | --- |

—

Under heading 2b:

—

The European Union Agency for Fundamental Rights (FRA, budget article 07 10 04) for which the level of commitment and payment appropriations is increased by EUR 638 178.

| — | The European Institute for Gender Equality (EIGE, budget article 07 10 05)) for which the level of commitment and payment appropriations is increased by EUR 971 628. |
| --- | --- |

—

The European Institute for Gender Equality (EIGE, budget article 07 10 05)) for which the level of commitment and payment appropriations is increased by EUR 971 628.

| — | The European Union Agency for Criminal Justice Cooperation (Eurojust, budget article 07 10 07) for which the level of commitment and payment appropriations is increased by EUR 500 000. |
| --- | --- |

—

The European Union Agency for Criminal Justice Cooperation (Eurojust, budget article 07 10 07) for which the level of commitment and payment appropriations is increased by EUR 500 000.

| — | The European Public Prosecutor's Office (EPPO, budget article 07 10 08) for which 8 additional posts (representing a frontloading of the increase foreseen in 2022) are allocated and the level of commitment and payment appropriations is increased by EUR 7 252 790. |
| --- | --- |

—

The European Public Prosecutor's Office (EPPO, budget article 07 10 08) for which 8 additional posts (representing a frontloading of the increase foreseen in 2022) are allocated and the level of commitment and payment appropriations is increased by EUR 7 252 790.

| — | Under heading 4:






  — | The European Border and Coast Guard Agency (Frontex, budget article 11 10 01) for which the level of commitment and payment appropriations is reduced by EUR 61 000 000. |
| --- | --- | --- |

—

Under heading 4:

—

The European Border and Coast Guard Agency (Frontex, budget article 11 10 01) for which the level of commitment and payment appropriations is reduced by EUR 61 000 000.

| — | The European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (‘eu-LISA’, budget article 11 10 02) for which the level of commitment and payment appropriations is increased by EUR 500 000. |
| --- | --- |

—

The European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (‘eu-LISA’, budget article 11 10 02) for which the level of commitment and payment appropriations is increased by EUR 500 000.

Executive agencies

The EU contribution (in commitment and payment appropriations and the number of posts) for executive agencies are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2021.

The Commission will present a Draft Amending budget in 2021 in order to adjust the structure and appropriations to the new set of executive agencies once they are formally established. The corresponding Commission implementing decision establishing the new executive agencies and the Commission decisions delegating powers to them are expected to be adopted early in the 2021.

Pilot Projects/Preparatory Actions

A comprehensive package of 59 pilot projects/preparatory actions (PP/PA), for a total amount of EUR 71,8 million in commitment appropriations is agreed as proposed by the Parliament.

When a pilot project or a preparatory action appears to be covered by an existing legal basis, the Commission may propose the transfer of appropriations to the corresponding budget line in order to facilitate the implementation of the action.

This package fully respects the ceilings for pilot projects and preparatory actions set in the Financial Regulation.

1.3.   Expenditure headings of the financial framework — commitment appropriations

After taking into account the above conclusions on ‘closed’ budget lines, agencies and pilot projects and preparatory actions, the Conciliation Committee has agreed on the following:

Heading 1 — Single Market, Innovation and Digital

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2021 but with the adjustments, agreed by the Conciliation Committee, detailed in the following table:

| Budget line / Programme | Name | Variation in commitment appropriations (in EUR) |
| --- | --- | --- |
| DB 2021 (incl. AL1) | Budget 2021 | Difference |
| 1.0.221 | CEF Transport | 1 725 058 000 | 1 785 393 458 | 60 335 458 |
| 02 03 01 | Connecting Europe Facility (CEF) — Transport | 1 711 996 420 | 1 772 331 878 | 60 335 458 |
| 1.0.23 | Digital Europe Programme | 1 103 848 000 | 1 129 576 962 | 25 728 962 |
| 02 04 03 | Artificial Intelligence | 293 895 160 | 318 323 274 | 24 428 114 |
| 02 04 04 | Skills | 82 290 594 | 83 591 442 | 1 300 848 |
| PPPA | Pilot projects and preparatory actions | | | 35 965 000 |
| | Total | | | 122 029 420 |

Budget line / Programme

Name

Variation in commitment appropriations (in EUR)

DB 2021 (incl. AL1)

Budget 2021

Difference

1.0.221

CEF Transport

1 725 058 000

1 785 393 458

60 335 458

02 03 01

Connecting Europe Facility (CEF) — Transport

1 711 996 420

1 772 331 878

60 335 458

1.0.23

Digital Europe Programme

1 103 848 000

1 129 576 962

25 728 962

02 04 03

Artificial Intelligence

293 895 160

318 323 274

24 428 114

02 04 04

Skills

82 290 594

83 591 442

1 300 848

PPPA

Pilot projects and preparatory actions

35 965 000

Total

122 029 420

As a consequence, the agreed level of commitment appropriations is set at EUR 20 816,6 million, leaving a margin of EUR 102,4 million under the expenditure ceiling of heading 1.

In accordance with Article 15.3 of the Financial Regulation (1), the Conciliation Committee agrees to make commitment appropriations available again on the research budget lines for a total of EUR 20 million in commitment appropriations. The following budget lines are reinforced as follows:

| (in Eur) |
| --- |
| Budget lines | Commitment appropriations |
| 01 02 02 10 | Cluster Health | 3 400 000 |
| 01 02 02 40 | Cluster Digital, Industry and Space | 3 400 000 |
| 01 02 02 50 | Cluster Climate, Energy and Mobility | 6 600 000 |
| 01 02 02 60 | Cluster Food, Bioeconomy, Natural Resources, Agriculture and Environment | 6 600 000 |
| Total | | 20 000 000 |

(in Eur)

Budget lines

Commitment appropriations

01 02 02 10

Cluster Health

3 400 000

01 02 02 40

Cluster Digital, Industry and Space

3 400 000

01 02 02 50

Cluster Climate, Energy and Mobility

6 600 000

01 02 02 60

Cluster Food, Bioeconomy, Natural Resources, Agriculture and Environment

6 600 000

Total

20 000 000

The Conciliation Committee also agrees that these appropriations are part of the overall amount of up to EUR 0,5 billion (in 2018 prices) for the period 2021-2027 retained in the ‘Joint declaration’ agreed on 10 November 2020. This leaves up to EUR 481,2 million in 2018 prices available for the period 2022-2027.

Heading 2a — Economic, social and territorial Cohesion

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2021.

Heading 2b — Resilience and Values

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2021 but with the adjustments, agreed by the Conciliation Committee, detailed in the following table.

In particular the Conciliation Committee agrees that — in the light of the current interest rate environment and the success of the recent SURE financing operations — the appropriations for budget line 06 04 01 can be reduced by EUR 71,9 million while fully preserving the capacity to finance the non-repayable component of NGEU in 2021.

| Budget line / Programme | Name | Variation in commitment appropriations (in EUR) |
| --- | --- | --- |
| DB 2021 (incl. AL1) | Budget 2021 | Difference |
| 2.2.23 | Financing cost of the European Union Recovery Instrument (EURI) | 111 461 000 | 39 591 000 | -71 870 000 |
| 06 04 01 | European Union Recovery Instrument (EURI) — Payment of periodic coupon and redemption at maturity | 106 461 000 | 34 591 000 | -71 870 000 |
| 07 03 01 | Promoting learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training | 2 298 294 584 | 0 | -2 298 294 584 |
| 07 03 01 01 | Promoting learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training — Indirect management | 0 | 1 755 470 446 | 1 755 470 446 |
| 07 03 01 02 | Promoting learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training — Direct management | 0 | 542 824 138 | 542 824 138 |
| 2.2.351 | Justice | 43 696 000 | 46 392 538 | 2 696 538 |
| 07 07 01 | Promoting judicial cooperation | 10 646 000 | 11 319 945 | 673 945 |
| 07 07 02 | Supporting judicial training | 17 570 000 | 18 682 268 | 1 112 268 |
| 07 07 03 | Promoting effective access to justice | 14 380 000 | 15 290 325 | 910 325 |
| 2.2.352 | Rights and Values | 90 624 000 | 97 179 152 | 6 555 152 |
| 07 06 02 | Promote citizens engagement and participation in the democratic life of the Union | 34 938 000 | 36 238 848 | 1 300 848 |
| 07 06 03 | Daphne | 15 690 000 | 20 444 304 | 4 754 304 |
| 07 06 04 | Protect and promote Union values | 0 | 500 000 | 500 000 |
| 2.2.3 | DAG |

Budget line / Programme

Name

Variation in commitment appropriations (in EUR)

DB 2021 (incl. AL1)

Budget 2021

Difference

2.2.23

Financing cost of the European Union Recovery Instrument (EURI)

111 461 000

39 591 000

-71 870 000

06 04 01

European Union Recovery Instrument (EURI) — Payment of periodic coupon and redemption at maturity

106 461 000

34 591 000

-71 870 000

07 03 01

Promoting learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training

2 298 294 584

0

-2 298 294 584

07 03 01 01

Promoting learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training — Indirect management

0

1 755 470 446

1 755 470 446

07 03 01 02

Promoting learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training — Direct management

0

542 824 138

542 824 138

2.2.351

Justice

43 696 000

46 392 538

2 696 538

07 07 01

Promoting judicial cooperation

10 646 000

11 319 945

673 945

07 07 02

Supporting judicial training

17 570 000

18 682 268

1 112 268

07 07 03

Promoting effective access to justice

14 380 000

15 290 325

910 325

2.2.352

Rights and Values

90 624 000

97 179 152

6 555 152

07 06 02

Promote citizens engagement and participation in the democratic life of the Union

34 938 000

36 238 848

1 300 848

07 06 03

Daphne

15 690 000

20 444 304

4 754 304

07 06 04

Protect and promote Union values

0

500 000

500 000

2.2.3

DAG

Decentralised Agencies

211 135 699

220 498 295

9 362 596

07 10 04

European Union Agency for Fundamental Rights (FRA)

23 111 517

23 749 695

638 178

07 10 05

European Institute for Gender Equality (EIGE)

7 955 000

8 926 628

971 628

07 10 07

European Union Agency for Criminal Justice Cooperation (Eurojust)

42 345 006

42 845 006

500 000

07 10 08

European Public Prosecutor's Office (EPPO)

37 700 000

44 952 790

7 252 790

07 20 04 06

Specific competences in the area of social policy, including social dialogue

49 380 381

28 326 381

-21 054 000

07 20 04 09

Information and training measures for workers’ organisations

0

21 054 000

21 054 000

PPPA

Pilot projects and preparatory actions

31 870 000

Total

-21 385 714

As a consequence, the agreed level of commitment appropriations is set at EUR 4 671,4 million, with no margin left under the expenditure ceiling of heading 2b and the mobilisation of the Flexibility Instrument for EUR 76,4 million.

Heading 3 — Natural Resources and Environment

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2021 but with the adjustments, agreed by the Conciliation Committee, detailed in the following table:

| Budget line / Programme | Name | Variation in commitment appropriations (in EUR) |
| --- | --- | --- |
| DB 2021 (incl. AL1) | Budget 2021 | Difference |
| 3.2.21 | Programme for Environment and Climate Action (LIFE) | 696 491 000 | 738 505 372 | 42 014 372 |
| 09 02 01 | Nature and biodiversity | 258 642 156 | 274 720 400 | 16 078 244 |
| 09 02 02 | Circular economy and quality of life | 168 461 328 | 178 933 566 | 10 472 238 |
| 09 02 03 | Climate change mitigation and adaptation | 121 426 944 | 128 975 334 | 7 548 390 |
| 09 02 04 | Clean energy transition | 127 332 437 | 135 247 937 | 7 915 500 |
| PPPA | Pilot projects and preparatory actions | | | 3 740 000 |
| | Total | | | 45 754 372 |

Budget line / Programme

Name

Variation in commitment appropriations (in EUR)

DB 2021 (incl. AL1)

Budget 2021

Difference

3.2.21

Programme for Environment and Climate Action (LIFE)

696 491 000

738 505 372

42 014 372

09 02 01

Nature and biodiversity

258 642 156

274 720 400

16 078 244

09 02 02

Circular economy and quality of life

168 461 328

178 933 566

10 472 238

09 02 03

Climate change mitigation and adaptation

121 426 944

128 975 334

7 548 390

09 02 04

Clean energy transition

127 332 437

135 247 937

7 915 500

PPPA

Pilot projects and preparatory actions

3 740 000

Total

45 754 372

As a consequence, the agreed level of commitment appropriations is set at EUR 58 568,6 million, leaving a margin of EUR 55,4 million under the expenditure ceiling of heading.

Heading 4 — Migration and Border Management

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2021 but with the adjustments, agreed by the Conciliation Committee, detailed in the following table:

| Budget line / Programme | Name | Variation in commitment appropriations (in EUR) |
| --- | --- | --- |
| DB 2021 (incl. AL1) | Budget 2021 | Difference |
| 4.0.2 | DAG |

Budget line / Programme

Name

Variation in commitment appropriations (in EUR)

DB 2021 (incl. AL1)

Budget 2021

Difference

4.0.2

DAG

Decentralised Agencies

794 770 045

734 270 045

-60 500 000

11 10 01

European Border and Coast Guard Agency (Frontex)

566 949 620

505 949 620

-61 000 000

11 10 02

European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (‘eu-LISA’)

227 820 425

228 320 425

500 000

Total

-60 500 000

Following the recent political agreement of 10 November 2020 between the European Parliament and the Council on the MFF 2021-2027 and pending the approval of the relevant texts, the Conciliation Committee agrees that the reduction for the European Border and Coast Guard Agency (Frontex) in 2021 does not affect the overall top-up of EUR 0,5 billion (in 2018 prices) agreed politically in that context. In addition to this top up, the cut proposed in 2021 will be compensated in later years in line with the agreement on the MFF, whilst respecting the principles of sound financial management.

As a consequence, the agreed level of commitment appropriations is set at EUR 2 278,8 million, leaving a margin of EUR 188,2 million under the expenditure ceiling of heading.

Heading 5 — Security and Defence

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2021.

Heading 6 — Neighbourhood and the World

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2021 but with the adjustments, agreed by the Conciliation Committee, detailed in the following table:

| Budget line / Programme | Name | Variation in commitment appropriations (in EUR) |
| --- | --- | --- |
| DB 2021 (incl. AL1) | Budget 2021 | Difference |
| 6.0.111 | Neighbourhood, Development and International Cooperation Instrument (NDICI) | 12 060 779 767 | 12 070 958 148 | 10 178 381 |
| 15 02 01 10 | Southern neighbourhood | 1 460 009 385 | 1 470 187 766 | 10 178 381 |
| 6.0.12 | Humanitarian Aid (HUMA) | 1 478 000 000 | 1 503 000 000 | 25 000 000 |
| 15 03 01 | Humanitarian aid | 1 391 512 450 | 1 416 512 450 | 25 000 000 |
| 6.0.1 | SPEC |

Budget line / Programme

Name

Variation in commitment appropriations (in EUR)

DB 2021 (incl. AL1)

Budget 2021

Difference

6.0.111

Neighbourhood, Development and International Cooperation Instrument (NDICI)

12 060 779 767

12 070 958 148

10 178 381

15 02 01 10

Southern neighbourhood

1 460 009 385

1 470 187 766

10 178 381

6.0.12

Humanitarian Aid (HUMA)

1 478 000 000

1 503 000 000

25 000 000

15 03 01

Humanitarian aid

1 391 512 450

1 416 512 450

25 000 000

6.0.1

SPEC

Prerogatives

91 394 973

93 023 514

1 628 541

15 20 04 03

Information policy and strategic communication for external action

41 756 023

43 384 564

1 628 541

PPPA

Pilot projects and preparatory actions

175 000

Total

36 981 922

Following the recent political agreement of 10 November 2020 between the European Parliament and the Council on the MFF 2021-2027 and pending the approval of the relevant texts, the Conciliation Committee agrees that the reinforcement of Humanitarian Aid is part of the overall top-up of EUR 0,5 billion (in 2018 prices) agreed politically in that context.

As a consequence, the agreed level of commitment appropriations is set at EUR 16 097,2 million, leaving a margin of EUR 149,8 million under the expenditure ceiling of heading.

Heading 7 — European Public Administration

The number of posts in the establishment plans of the institutions and the appropriations proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2021 are agreed by the Conciliation Committee with the following exceptions:

| — | The section of the European Parliament for which its reading is approved and further adjusted to include (i) the impact of the revised salary update as per Amending Letter 1/2021 and (ii) the transfer of two establishment posts from the European Parliament (EP) to the European Commission with a view to support the operations of CERT-EU as per Amending Letter 1/2021; |
| --- | --- |

—

The section of the European Parliament for which its reading is approved and further adjusted to include (i) the impact of the revised salary update as per Amending Letter 1/2021 and (ii) the transfer of two establishment posts from the European Parliament (EP) to the European Commission with a view to support the operations of CERT-EU as per Amending Letter 1/2021;

| — | The section of the Council, for which its reading is approved and further adjusted to include the impact of the revised salary update as per Amending Letter 1/2021; |
| --- | --- |

—

The section of the Council, for which its reading is approved and further adjusted to include the impact of the revised salary update as per Amending Letter 1/2021;

| — | The section of the European Court of Auditors (ECA) for which a technical update following the modification of the establishment plans further to the recourse to Article 53(1) of the Financial Regulation is agreed. This operation involved the conversion of one permanent AST11 post, one permanent AST8 post, one permanent AST7 post, two permanent AST5 posts, one permanent AST4 post and one temporary AST/SC3 post into respectively three permanent AD7 posts and four permanent AD5 posts with no impact on the level of appropriations. |
| --- | --- |

—

The section of the European Court of Auditors (ECA) for which a technical update following the modification of the establishment plans further to the recourse to Article 53(1) of the Financial Regulation is agreed. This operation involved the conversion of one permanent AST11 post, one permanent AST8 post, one permanent AST7 post, two permanent AST5 posts, one permanent AST4 post and one temporary AST/SC3 post into respectively three permanent AD7 posts and four permanent AD5 posts with no impact on the level of appropriations.

| — | The section of the European Economic and Social Committee (EESC) for which the level of commitment and payment appropriations is increased by EUR 590 854. |
| --- | --- |

—

The section of the European Economic and Social Committee (EESC) for which the level of commitment and payment appropriations is increased by EUR 590 854.

| — | The section of the European Committee of the Regions (CoR) for which the level of commitment and payment appropriations is increased by EUR 564 796. |
| --- | --- |

—

The section of the European Committee of the Regions (CoR) for which the level of commitment and payment appropriations is increased by EUR 564 796.

| — | The section of the European Data Protection Supervisor (EDPS) for which a technical update following the modification of the establishment plans further to the recourse to Article 53(1) of the Financial Regulation is agreed. This operation involved the conversion of one permanent AST5 post into one permanent AST/SC6 post with no impact on the level of appropriations. |
| --- | --- |

—

The section of the European Data Protection Supervisor (EDPS) for which a technical update following the modification of the establishment plans further to the recourse to Article 53(1) of the Financial Regulation is agreed. This operation involved the conversion of one permanent AST5 post into one permanent AST/SC6 post with no impact on the level of appropriations.

| — | The section of the European External Action Service (EEAS) for which the level of commitment and payment appropriations is increased by EUR 1,0 million for the ‘Strategic Communication Capacity’; |
| --- | --- |

—

The section of the European External Action Service (EEAS) for which the level of commitment and payment appropriations is increased by EUR 1,0 million for the ‘Strategic Communication Capacity’;

Furthermore as a consequence of the COVID-19 pandemic, the Conciliation Committee agrees, exceptionally, to reduce by 10 % the level of commitment and payment appropriations related to missions of all institutions except the European Parliament.

The combined adjustments, resulting in an overall decrease of EUR 8,8 million of heading 7, are detailed by section in the following tables:

Section 1 — European Parliament

| Programme / Budget line | Name | Variation in commitment appropriations (in EUR) |
| --- | --- | --- |
| DB 2021 (incl. AL1) | Budget 2021 | Difference |
| 1 4 0 0 | Other staff — Secretariat and political groups | 63 837 727 | 65 039 727 | 1 202 000 |
| 1 4 0 1 | Other staff — Security | 38 084 545 | 34 584 545 | -3 500 000 |
| 2 0 0 0 | Rent | 26 301 000 | 27 301 000 | 1 000 000 |
| 2 0 2 6 | Security and surveillance of buildings | 16 030 000 | 19 530 000 | 3 500 000 |
| 3 0 2 | Reception and representation expenses | 845 500 | 858 500 | 13 000 |
| 3 0 4 2 | Meetings, congresses, conferences and delegations | 2 780 000 | 2 857 000 | 77 000 |
| 3 2 0 | Acquisition of expertise | 6 629 500 | 7 491 500 | 862 000 |
| 2 1 2 | Furniture | 5 910 000 | 4 910 000 | -1 000 000 |
| 10 1 | Contingency reserve | 4 500 000 | 2 346 000 | -2 154 000 |
| | Total | | | 0 |

Programme / Budget line

Name

Variation in commitment appropriations (in EUR)

DB 2021 (incl. AL1)

Budget 2021

Difference

1 4 0 0

Other staff — Secretariat and political groups

63 837 727

65 039 727

1 202 000

1 4 0 1

Other staff — Security

38 084 545

34 584 545

-3 500 000

2 0 0 0

Rent

26 301 000

27 301 000

1 000 000

2 0 2 6

Security and surveillance of buildings

16 030 000

19 530 000

3 500 000

3 0 2

Reception and representation expenses

845 500

858 500

13 000

3 0 4 2

Meetings, congresses, conferences and delegations

2 780 000

2 857 000

77 000

3 2 0

Acquisition of expertise

6 629 500

7 491 500

862 000

2 1 2

Furniture

5 910 000

4 910 000

-1 000 000

10 1

Contingency reserve

4 500 000

2 346 000

-2 154 000

Total

0

Section 2 — European Council and Council

| Programme / Budget line | Name | Variation in commitment appropriations (in EUR) |
| --- | --- | --- |
| DB 2021 (incl. AL1) | Budget 2021 | Difference |
| 1 3 3 1 | Mission expenses of the General Secretariat of the Council | 3 600 000 | 3 240 000 | - 360 000 |
| 1 3 3 2 | Travel expenses of staff related to the European Council | 1 650 000 | 1 485 000 | - 165 000 |
| 2 2 0 0 | Travel expenses of delegations | 17 228 000 | 15 505 000 | -1 723 000 |
| 2 2 0 1 | Miscellaneous travel expenses | 570 000 | 513 000 | -57 000 |
| 2 2 1 3 | Information and public events | 5 095 000 | 4 585 500 | - 509 500 |
| | Total | | | -2 814 500 |

Programme / Budget line

Name

Variation in commitment appropriations (in EUR)

DB 2021 (incl. AL1)

Budget 2021

Difference

1 3 3 1

Mission expenses of the General Secretariat of the Council

3 600 000

3 240 000

- 360 000

1 3 3 2

Travel expenses of staff related to the European Council

1 650 000

1 485 000

- 165 000

2 2 0 0

Travel expenses of delegations

17 228 000

15 505 000

-1 723 000

2 2 0 1

Miscellaneous travel expenses

570 000

513 000

-57 000

2 2 1 3

Information and public events

5 095 000

4 585 500

- 509 500

Total

-2 814 500

Section 3 — Commission

| Programme / Budget line | Name | Variation in commitment appropriations (in EUR) |
| --- | --- | --- |
| DB 2021 (incl. AL1) | Budget 2021 | Difference |
| 20 02 06 01 | Mission and representation expenses | 59 145 000 | 53 230 000 | -5 915 000 |
| 20 02 07 01 | Mission and representation expenses | 6 083 000 | 5 475 000 | - 608 000 |
| 20 03 15 01 — O1 01 03 01 | Publications Office — Missions and representation expenses | 235 000 | 212 000 | -23 000 |
| 20 03 15 02 — O2 01 03 01 | European Personnel Selection Office — Missions and representation expenses | 401 000 | 361 000 | -40 000 |
| 20 03 16 01 — O3 01 03 01 | Office for Administration and Payment of Individual Entitlements — Missions and representation expenses | 153 000 | 138 000 | -15 000 |
| 20 03 16 02 — O4 01 03 01 | Office for Infrastructure and Logistics — Brussels — Missions and representation expenses | 138 000 | 124 000 | -14 000 |
| 20 03 16 03 — O5 01 03 01 | Office for Infrastructure and Logistics — Luxembourg — Missions and representation expenses | 111 000 | 100 000 | -11 000 |
| 20 03 17 — O6 01 03 01 | European Anti-Fraud Office (OLAF) — Missions and representation expenses | 1 460 000 | 1 314 000 | - 146 000 |
| | Total | | | -6 772 000 |

Programme / Budget line

Name

Variation in commitment appropriations (in EUR)

DB 2021 (incl. AL1)

Budget 2021

Difference

20 02 06 01

Mission and representation expenses

59 145 000

53 230 000

-5 915 000

20 02 07 01

Mission and representation expenses

6 083 000

5 475 000

- 608 000

20 03 15 01 — O1 01 03 01

Publications Office — Missions and representation expenses

235 000

212 000

-23 000

20 03 15 02 — O2 01 03 01

European Personnel Selection Office — Missions and representation expenses

401 000

361 000

-40 000

20 03 16 01 — O3 01 03 01

Office for Administration and Payment of Individual Entitlements — Missions and representation expenses

153 000

138 000

-15 000

20 03 16 02 — O4 01 03 01

Office for Infrastructure and Logistics — Brussels — Missions and representation expenses

138 000

124 000

-14 000

20 03 16 03 — O5 01 03 01

Office for Infrastructure and Logistics — Luxembourg — Missions and representation expenses

111 000

100 000

-11 000

20 03 17 — O6 01 03 01

European Anti-Fraud Office (OLAF) — Missions and representation expenses

1 460 000

1 314 000

- 146 000

Total

-6 772 000

Section 4 — Court of Justice of the European Union

| Programme / Budget line | Name | Variation in commitment appropriations (in EUR) |
| --- | --- | --- |
| DB 2021 (incl. AL1) | Budget 2021 | Difference |
| 1 6 2 | Missions | 450 000 | 405 000 | -45 000 |
| | Total | | | -45 000 |

Programme / Budget line

Name

Variation in commitment appropriations (in EUR)

DB 2021 (incl. AL1)

Budget 2021

Difference

1 6 2

Missions

450 000

405 000

-45 000

Total

-45 000

Section 5 — European Court of Auditors

| Programme / Budget line | Name | Variation in commitment appropriations (in EUR) |
| --- | --- | --- |
| DB 2021 (incl. AL1) | Budget 2021 | Difference |
| 1 6 2 | Missions | 3 320 000 | 2 988 000 | - 332 000 |
| | Total | | | - 332 000 |

Programme / Budget line

Name

Variation in commitment appropriations (in EUR)

DB 2021 (incl. AL1)

Budget 2021

Difference

1 6 2

Missions

3 320 000

2 988 000

- 332 000

Total

- 332 000

Section 6 — European Economic and Social Committee

| Programme / Budget line | Name | Variation in commitment appropriations (in EUR) |
| --- | --- | --- |
| DB 2021 (incl. AL1) | Budget 2021 | Difference |
| 1 6 2 | Missions | 421 082 | 378 974 | -42 108 |
| 2 5 4 8 | Interpreting | 6 735 709 | 7 326 563 | 590 854 |
| | Total | | | 548 746 |

Programme / Budget line

Name

Variation in commitment appropriations (in EUR)

DB 2021 (incl. AL1)

Budget 2021

Difference

1 6 2

Missions

421 082

378 974

-42 108

2 5 4 8

Interpreting

6 735 709

7 326 563

590 854

Total

548 746

Section 7 — European Committee of the Regions

| Programme / Budget line | Name | Variation in commitment appropriations (in EUR) |
| --- | --- | --- |
| DB 2021 (incl. AL1) | Budget 2021 | Difference |
| 1 6 2 | Missions | 311 461 | 280 315 | -31 146 |
| 2 1 4 | Technical equipment and installations | 1 097 271 | 1 262 067 | 164 796 |
| 2 5 4 1 | Third parties | 104 100 | 304 100 | 200 000 |
| 2 6 4 | CoR Political groups' communication activities | 195 049 | 395 049 | 200 000 |
| | Total | | | 533 650 |

Programme / Budget line

Name

Variation in commitment appropriations (in EUR)

DB 2021 (incl. AL1)

Budget 2021

Difference

1 6 2

Missions

311 461

280 315

-31 146

2 1 4

Technical equipment and installations

1 097 271

1 262 067

164 796

2 5 4 1

Third parties

104 100

304 100

200 000

2 6 4

CoR Political groups' communication activities

195 049

395 049

200 000

Total

533 650

Section 8 — European Ombudsman

| Programme / Budget line | Name | Variation in commitment appropriations (in EUR) |
| --- | --- | --- |
| DB 2021 (incl. AL1) | Budget 2021 | Difference |
| 3 0 0 | Expenses for staff missions and duty travel between the three places of work | 150 000 | 135 000 | -15 000 |
| | Total | | | -15 000 |

Programme / Budget line

Name

Variation in commitment appropriations (in EUR)

DB 2021 (incl. AL1)

Budget 2021

Difference

3 0 0

Expenses for staff missions and duty travel between the three places of work

150 000

135 000

-15 000

Total

-15 000

Section 9 — European Data Protection Supervisor

| Programme / Budget line | Name | Variation in commitment appropriations (in EUR) |
| --- | --- | --- |
| DB 2021 (incl. AL1) | Budget 2021 | Difference |
| 1 1 2 0 | Mission expenses, travel expenses and other ancillary expenditure | 155 000 | 139 500 | -15 500 |
| 3 0 3 0 | Mission expenses, travel expenses and other ancillary expenditure | 50 000 | 45 000 | -5 000 |
| 3 0 4 8 | EDPB Chair and Vice chairs expenses | 59 000 | 53 100 | -5 900 |
| | Total | | | -26 400 |

Programme / Budget line

Name

Variation in commitment appropriations (in EUR)

DB 2021 (incl. AL1)

Budget 2021

Difference

1 1 2 0

Mission expenses, travel expenses and other ancillary expenditure

155 000

139 500

-15 500

3 0 3 0

Mission expenses, travel expenses and other ancillary expenditure

50 000

45 000

-5 000

3 0 4 8

EDPB Chair and Vice chairs expenses

59 000

53 100

-5 900

Total

-26 400

Section 10 — European External Action Service

| Programme / Budget line | Name | Variation in commitment appropriations (in EUR) |
| --- | --- | --- |
| DB 2021 (incl. AL1) | Budget 2021 | Difference |
| 1 4 0 | Missions | 9 132 050 | 8 229 645 | - 902 405 |
| 2 2 1 4 | Strategic Communication Capacity | 3 000 000 | 4 000 000 | 1 000 000 |
| | Total | | | 97 595 |

Programme / Budget line

Name

Variation in commitment appropriations (in EUR)

DB 2021 (incl. AL1)

Budget 2021

Difference

1 4 0

Missions

9 132 050

8 229 645

- 902 405

2 2 1 4

Strategic Communication Capacity

3 000 000

4 000 000

1 000 000

Total

97 595

As a consequence the agreed level of commitment appropriations is set at EUR 10 448,3 million, leaving a margin of EUR 186,7 million under the expenditure ceiling of heading 7.

Thematic special instruments: EGF, SEAR and BAR

Commitment appropriations for the European Globalisation Adjustment Fund (EGF), and the Solidarity and Emergency Aid Reserve (SEAR) are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2021.

p.m. Brexit Adjustment Reserve (BAR) will be included in an Amending budget early in 2021.

1.4.   Payment appropriations

The overall level of payment appropriations in the 2021 Budget is set at the level of the Draft Budget, as amended by Amending Letter 1/2020 with the following adjustments agreed by the Conciliation Committee:

| 1. | The agreed level of commitment appropriations for non-differentiated expenditure, for which the level of payment appropriations is equal to the level of commitment appropriations, is taken into account. This includes the reduction of the financing cost of the European Recovery Instrument (EURI) by -EUR 71,9 million and the adjustment to the Union contribution to decentralised agencies. The combined effect is a decrease of -EUR 123,0 million; |
| --- | --- |

1.

The agreed level of commitment appropriations for non-differentiated expenditure, for which the level of payment appropriations is equal to the level of commitment appropriations, is taken into account. This includes the reduction of the financing cost of the European Recovery Instrument (EURI) by -EUR 71,9 million and the adjustment to the Union contribution to decentralised agencies. The combined effect is a decrease of -EUR 123,0 million;

| 2. | The combined adjustments under heading 7 resulting in an overall decrease of EUR 8,8 million; |
| --- | --- |

2.

The combined adjustments under heading 7 resulting in an overall decrease of EUR 8,8 million;

| 3. | The payment appropriations for all new pilot projects and preparatory actions proposed by the Parliament are set at 25 % of the corresponding commitment appropriations, or at the level proposed by Parliament, if lower. In the case of extension of existing pilot projects and preparatory actions, the level of payment appropriations is the one defined in the Draft Budget plus 25 % of the corresponding new commitment appropriations, or at the level proposed by Parliament, if lower. The combined effect is an increase of EUR 17,9 million; |
| --- | --- |

3.

The payment appropriations for all new pilot projects and preparatory actions proposed by the Parliament are set at 25 % of the corresponding commitment appropriations, or at the level proposed by Parliament, if lower. In the case of extension of existing pilot projects and preparatory actions, the level of payment appropriations is the one defined in the Draft Budget plus 25 % of the corresponding new commitment appropriations, or at the level proposed by Parliament, if lower. The combined effect is an increase of EUR 17,9 million;

| 4. | The adjustments on the following budget lines are agreed as a result of the evolution in commitment appropriations for differentiated expenditure: |
| --- | --- |

4.

The adjustments on the following budget lines are agreed as a result of the evolution in commitment appropriations for differentiated expenditure:

| Budget line / Programme | Name | Variation in payment appropriations (in EUR) |
| --- | --- | --- |
| DB 2021 (incl. AL1) | Budget 2021 | Difference |
| 1.0.221 | CEF Transport | | | 12 067 092 |
| 02 03 01 | Connecting Europe Facility (CEF) — Transport | 33 691 420 | 45 758 512 | 12 067 092 |
| 1.0.23 | Digital Europe Programme | | | 1 916 490 |
| 02 04 03 | Artificial Intelligence | 21 891 450 | 23 711 034 | 1 819 584 |
| 02 04 04 | Skills | 6 130 200 | 6 227 106 | 96 906 |
| 2.2.351 | Justice | | | 1 078 615 |
| 07 07 01 | Promoting judicial cooperation | 4 258 400 | 4 527 978 | 269 578 |
| 07 07 02 | Supporting judicial training | 7 028 000 | 7 472 907 | 444 907 |
| 07 07 03 | Promoting effective access to justice | 5 752 000 | 6 116 130 | 364 130 |
| 2.2.352 | Rights and Values | | | 2 089 154 |
| 07 06 02 | Promote citizens engagement and participation in the democratic life of the Union | 12 489 000 | 12 879 258 | 390 258 |
| 07 06 03 | Daphne | 4 706 910 | 6 244 139 | 1 537 229 |
| 07 06 04 | Protect and promote Union values | 0 | 161 667 | 161 667 |
| 2.2.3 | SPEC |

Budget line / Programme

Name

Variation in payment appropriations (in EUR)

DB 2021 (incl. AL1)

Budget 2021

Difference

1.0.221

CEF Transport

12 067 092

02 03 01

Connecting Europe Facility (CEF) — Transport

33 691 420

45 758 512

12 067 092

1.0.23

Digital Europe Programme

1 916 490

02 04 03

Artificial Intelligence

21 891 450

23 711 034

1 819 584

02 04 04

Skills

6 130 200

6 227 106

96 906

2.2.351

Justice

1 078 615

07 07 01

Promoting judicial cooperation

4 258 400

4 527 978

269 578

07 07 02

Supporting judicial training

7 028 000

7 472 907

444 907

07 07 03

Promoting effective access to justice

5 752 000

6 116 130

364 130

2.2.352

Rights and Values

2 089 154

07 06 02

Promote citizens engagement and participation in the democratic life of the Union

12 489 000

12 879 258

390 258

07 06 03

Daphne

4 706 910

6 244 139

1 537 229

07 06 04

Protect and promote Union values

0

161 667

161 667

2.2.3

SPEC

Prerogatives

0

07 20 04 06

Specific competences in the area of social policy, including social dialogue

42 886 000

23 234 000

-19 652 000

07 20 04 09

Information and training measures for workers’ organisations

0

19 652 000

19 652 000

3.2.21

Programme for Environment and Climate Action (LIFE)

1 336 954

09 02 01

Nature and biodiversity

6 870 000

7 297 067

427 067

09 02 02

Circular economy and quality of life

10 394 052

11 040 188

646 136

09 02 03

Climate change mitigation and adaptation

2 295 581

2 438 284

142 703

09 02 04

Clean energy transition

1 947 232

2 068 280

121 048

6.0.111

Neighbourhood, Development and International Cooperation Instrument (NDICI)

10 178 381

15 02 01 10

Southern neighbourhood

143 096 572

153 274 953

10 178 381

6.0.12

Humanitarian Aid (HUMA)

20 000 000

15 03 01

Humanitarian aid

1 800 000 000

1 820 000 000

20 000 000

| 6.0.1 | SPEC |
| --- | --- |

6.0.1

SPEC

Prerogatives

1 318 031

15 20 04 03

Information policy and strategic communication for external action

33 794 511

35 112 542

1 318 031

TOTAL

49 984 716

Overall this results in a level of payment appropriations of EUR 166 060,5 million, a decrease of EUR 63,9 million in comparison with the Draft Budget, as amended by Amending Letter 1/2021.

1.5.   Reserves

There are no reserves in addition to those of the Draft Budget, as amended by Amending Letter 1/2021.

Commitment and payment appropriations corresponding to new programmes for which the legal bases are being finalised and are expected to be adopted early in the 2021 will not be entered provisionally in reserve.

The conciliation committee agrees, exceptionally, not to put amounts for ECDC and EMA in reserve, given the urgent nature of the needs related to the COVID-19 pandemic.

1.6.   Budget remarks

The text of budget remarks corresponds to the Draft Budget, as amended by Amending Letter 1/2020 with the following adjustments agreed by the Conciliation Committee:

| — | Budget lines for which the amendments introduced by the European Parliament are approved without modifications:







  Budget line | Name |
| --- | --- | --- |
| Chapter 07 10 | Decentralised Agencies |

—

Budget lines for which the amendments introduced by the European Parliament are approved without modifications:

Budget line

Name

Chapter 07 10

Decentralised Agencies

| — | Budget lines for which the amendments introduced by the European Parliament are approved with the modification proposed by the Commission in its Executability Letter:







  Budget line | Name |
| --- | --- | --- |
| 01 02 02 20 | Cluster Culture, Creativity and Inclusive Society |
| 07 02 01 | ESF+ shared management strand — Operational expenditure |
| 15 03 02 | Disaster prevention, disaster risk reduction and preparedness |

—

Budget lines for which the amendments introduced by the European Parliament are approved with the modification proposed by the Commission in its Executability Letter:

Budget line

Name

01 02 02 20

Cluster Culture, Creativity and Inclusive Society

07 02 01

ESF+ shared management strand — Operational expenditure

15 03 02

Disaster prevention, disaster risk reduction and preparedness

| — | Budget lines for which the respective budget remark as proposed in the Draft Budget as amended by the Amending Letter, are approved with the following modifications:







  Budget line | Name |
| --- | --- | --- |
| Chapter 02 04 | Digital Europe Programme |
| Amend text as follows:


  Fostered simultaneously, these will help create a thriving data economy, promote inclusiveness and equal opportunities for all, and ensure value creation. |
| 02 04 04 | Skills |
| Add following text:



  The Programme shall ensure the effective promotion of equal opportunities for all, and the implementation of gender mainstreaming in its actions. |
| Chapter 03 02 | Single Market Programme (incl. SMEs) |
| Amend text as follows:


  It will also support women’s participation and contribute to empowerment of all actors of the single market: businesses, citizens including consumers, civil society and public authorities. |
| 03 02 02 | Add following text:



  The Programme shall ensure the effective promotion of equal opportunities for all, and the implementation of gender mainstreaming in its actions. |

—

Budget lines for which the respective budget remark as proposed in the Draft Budget as amended by the Amending Letter, are approved with the following modifications:

Budget line

Name

Chapter 02 04

Digital Europe Programme

Amend text as follows:

Fostered simultaneously, these will help create a thriving data economy, promote inclusiveness and equal opportunities for all, and ensure value creation.

02 04 04

Skills

Add following text:

The Programme shall ensure the effective promotion of equal opportunities for all, and the implementation of gender mainstreaming in its actions.

Chapter 03 02

Single Market Programme (incl. SMEs)

Amend text as follows:

It will also support women’s participation and contribute to empowerment of all actors of the single market: businesses, citizens including consumers, civil society and public authorities.

03 02 02

Add following text:

The Programme shall ensure the effective promotion of equal opportunities for all, and the implementation of gender mainstreaming in its actions.

| — | In accordance with Article 15.3 of the Financial Regulation and the joint statement on the implementation of Article 15.3 agreed between the European Parliament and the Council, the Conciliation Committee agrees to make commitment appropriations available again on the research budget lines. The budget remarks of budget lines 01 02 02 10, 01 02 02 40, 01 02 02 50 and 01 02 02 60 will be adjusted accordingly:







  Budget line | Name |
| --- | --- | --- |
| 01 02 02 10 | Add following text:



  In accordance with Article 15.3 of the Financial Regulation, an amount of EUR 3 400 000 in commitment appropriations is available for this budget item further to decommitments made in 2019 as a result of total or partial non-implementation of research projects. |
| 01 02 02 40 | Add following text:



  In accordance with Article 15.3 of the Financial Regulation, an amount of EUR 3 400 000
  in commitment appropriations is available for this budget item further to decommitments made in 2019 as a result of total or partial non-implementation of research projects. |
| 01 02 02 50 | Add following text:



  In accordance with Article 15.3 of the Financial Regulation, an amount of EUR 6 600 000 in commitment appropriations is available for this budget item further to decommitments made in 2019 as a result of total or partial non-implementation of research projects. |
| 01 02 02 60 | Add following text:



  In accordance with Article 15.3 of the Financial Regulation, an amount of EUR 6 600 000 in commitment appropriations is available for this budget item further to decommitments made in 2019 as a result of total or partial non-implementation of research projects. |

—

In accordance with Article 15.3 of the Financial Regulation and the joint statement on the implementation of Article 15.3 agreed between the European Parliament and the Council, the Conciliation Committee agrees to make commitment appropriations available again on the research budget lines. The budget remarks of budget lines 01 02 02 10, 01 02 02 40, 01 02 02 50 and 01 02 02 60 will be adjusted accordingly:

Budget line

Name

01 02 02 10

Add following text:

In accordance with Article 15.3 of the Financial Regulation, an amount of EUR 3 400 000 in commitment appropriations is available for this budget item further to decommitments made in 2019 as a result of total or partial non-implementation of research projects.

01 02 02 40

Add following text:

In accordance with Article 15.3 of the Financial Regulation, an amount of EUR 3 400 000
  in commitment appropriations is available for this budget item further to decommitments made in 2019 as a result of total or partial non-implementation of research projects.

01 02 02 50

Add following text:

In accordance with Article 15.3 of the Financial Regulation, an amount of EUR 6 600 000 in commitment appropriations is available for this budget item further to decommitments made in 2019 as a result of total or partial non-implementation of research projects.

01 02 02 60

Add following text:

In accordance with Article 15.3 of the Financial Regulation, an amount of EUR 6 600 000 in commitment appropriations is available for this budget item further to decommitments made in 2019 as a result of total or partial non-implementation of research projects.

| — | New budget lines for which the respective budget remark are approved as follows:







  Budget line | Name |
| --- | --- | --- |
| 07 20 04 09 | Add following text:



  This appropriation is intended to cover expenditure on information and training measures for workers’ organisations, including representatives of workers’ organisations in the candidate countries, deriving from Union action in the framework of the implementation of the Union social dimension.


  Those measures should help workers’ organisations to address the overarching challenges facing European employment and social policy as laid down in the Europe 2020 strategy and within the context of Union initiatives to address the consequences of the economic crisis.


  Special attention will be given to training on gender challenges at work. |
| 07 06 04 | Add following text:



  This appropriation is intended to focus on protecting, promoting and raising awareness on rights by providing financial support to civil society organisations active at local, regional and transnational level in promoting and cultivating these rights, thereby also strengthening the protection and promotion of Union values and the respect for the rule of law and contributing to the construction of a more democratic Union, democratic dialogue, transparency and good governance.


  The above specific objective will be pursued in particular through supporting civil society organisations and non-profit stakeholders active in the areas of the Programme to increase their capacity to react, to carry out advocacy activities to promote rights, and to ensure adequate access for all citizens to their services, counselling and support activities. |

—

New budget lines for which the respective budget remark are approved as follows:

Budget line

Name

07 20 04 09

Add following text:

This appropriation is intended to cover expenditure on information and training measures for workers’ organisations, including representatives of workers’ organisations in the candidate countries, deriving from Union action in the framework of the implementation of the Union social dimension.

Those measures should help workers’ organisations to address the overarching challenges facing European employment and social policy as laid down in the Europe 2020 strategy and within the context of Union initiatives to address the consequences of the economic crisis.

Special attention will be given to training on gender challenges at work.

07 06 04

Add following text:

This appropriation is intended to focus on protecting, promoting and raising awareness on rights by providing financial support to civil society organisations active at local, regional and transnational level in promoting and cultivating these rights, thereby also strengthening the protection and promotion of Union values and the respect for the rule of law and contributing to the construction of a more democratic Union, democratic dialogue, transparency and good governance.

The above specific objective will be pursued in particular through supporting civil society organisations and non-profit stakeholders active in the areas of the Programme to increase their capacity to react, to carry out advocacy activities to promote rights, and to ensure adequate access for all citizens to their services, counselling and support activities.

| — | New budget lines stemming from the split of the line 07 03 01 into two separate lines as follows, for which the respective budget remark are approved as follows:







  Budget line | Name |
| --- | --- | --- |
| 07 03 01 | Delete existing text |
| 07 03 01 01 | Add following text:



  This appropriation is intended to cover the field of education and training of the Erasmus+ Programme under indirect management. It shall support the 3 Key actions and Jean Monnet actions.


  Key action 1: Learning mobility


  In the field of education and training, the Programme shall support the following actions: (a) the mobility of higher education students and staff; (b) the mobility of vocational education and training learners and staff; (c) the mobility of school pupils and staff; (d) the mobility of adult education staff; (e) language learning opportunities, including those supporting mobility activities.


  Key action 2: Cooperation among organisations and institutions


  In the field of education and training, the Programme shall support the following actions: (a) partnerships for cooperation and exchanges of practices, including small-scale partnerships to foster a wider and more inclusive access to the Programme; (b) partnerships for excellence, in particular European universities, Centres of vocational excellence and joint master degrees; (c) partnerships for innovation to strengthen Europe's innovation capacity; (d) online platforms and tools for virtual cooperation, including the support services for eTwinning and for the electronic platform for adult learning in Europe.


  Key Action 3: Support to policy development and cooperation


  In the field of education and training, the Programme shall support the following actions:







  (a) | the preparation and implementation of the Union general and sectoral policy agendas in education and training, including with the support of the Eurydice network or activities of other relevant organisations; (b) the support to Union tools and measures that foster the quality, transparency and recognition of competences, skills and qualifications; (c) policy dialogue and cooperation with key stakeholders, including Union-wide networks, European non-governmental organisations and international organisations in the field of education and training; (d) measures that contribute to the qualitative and inclusive implementation of the Programme; (e) cooperation with other Union instruments and support to other Union policies; (f) dissemination and awareness-raising activities about European policy outcomes and priorities as well as on the Programme.

  Jean Monnet actions
  The Programme shall support teaching, learning, research and debates on European integration matters through the following actions: (a) Jean Monnet action in the field of higher education; (b) Jean Monnet action in other fields of education and training; (c) support to the following institutions pursuing an aim of European interest: the European University Institute, Florence, including its School of Transnational Governance; the College of Europe (Bruges and Natolin campuses); the European Institute of Public Administration, Maastricht; the Academy of European Law, Trier; the European Agency for Special Needs and Inclusive Education, Odense and the International Centre for European Training, Nice. |

—

New budget lines stemming from the split of the line 07 03 01 into two separate lines as follows, for which the respective budget remark are approved as follows:

Budget line

Name

07 03 01

Delete existing text

07 03 01 01

Add following text:

This appropriation is intended to cover the field of education and training of the Erasmus+ Programme under indirect management. It shall support the 3 Key actions and Jean Monnet actions.

Key action 1: Learning mobility

In the field of education and training, the Programme shall support the following actions: (a) the mobility of higher education students and staff; (b) the mobility of vocational education and training learners and staff; (c) the mobility of school pupils and staff; (d) the mobility of adult education staff; (e) language learning opportunities, including those supporting mobility activities.

Key action 2: Cooperation among organisations and institutions

In the field of education and training, the Programme shall support the following actions: (a) partnerships for cooperation and exchanges of practices, including small-scale partnerships to foster a wider and more inclusive access to the Programme; (b) partnerships for excellence, in particular European universities, Centres of vocational excellence and joint master degrees; (c) partnerships for innovation to strengthen Europe's innovation capacity; (d) online platforms and tools for virtual cooperation, including the support services for eTwinning and for the electronic platform for adult learning in Europe.

Key Action 3: Support to policy development and cooperation

In the field of education and training, the Programme shall support the following actions:

(a)

the preparation and implementation of the Union general and sectoral policy agendas in education and training, including with the support of the Eurydice network or activities of other relevant organisations; (b) the support to Union tools and measures that foster the quality, transparency and recognition of competences, skills and qualifications; (c) policy dialogue and cooperation with key stakeholders, including Union-wide networks, European non-governmental organisations and international organisations in the field of education and training; (d) measures that contribute to the qualitative and inclusive implementation of the Programme; (e) cooperation with other Union instruments and support to other Union policies; (f) dissemination and awareness-raising activities about European policy outcomes and priorities as well as on the Programme.

07 03 01 02

Add following text:

This appropriation is intended to cover the field of education and training of the Erasmus+ Programme under direct management. It shall support the 3 Key actions and Jean Monnet actions.

Key action 1: Learning mobility

In the field of education and training, the Programme shall support the following actions: (a) the mobility of higher education students and staff; (b) the mobility of vocational education and training learners and staff; (c) the mobility of school pupils and staff; (d) the mobility of adult education staff; (e) language learning opportunities, including those supporting mobility activities.

Key action 2: Cooperation among organisations and institutions

In the field of education and training, the Programme shall support the following actions: (a) partnerships for cooperation and exchanges of practices, including small-scale partnerships to foster a wider and more inclusive access to the Programme; (b) partnerships for excellence, in particular European universities, Centres of vocational excellence and joint master degrees; (c) partnerships for innovation to strengthen Europe's innovation capacity; (d) online platforms and tools for virtual cooperation, including the support services for eTwinning and for the electronic platform for adult learning in Europe.

Key Action 3: Support to policy development and cooperation

In the field of education and training, the Programme shall support the following actions:

| (a) | the preparation and implementation of the Union general and sectoral policy agendas in education and training, including with the support of the Eurydice network or activities of other relevant organisations; (b) the support to Union tools and measures that foster the quality, transparency and recognition of competences, skills and qualifications; (c) policy dialogue and cooperation with key stakeholders, including Union-wide networks, European non-governmental organisations and international organisations in the field of education and training; (d) measures that contribute to the qualitative and inclusive implementation of the Programme; (e) cooperation with other Union instruments and support to other Union policies; (f) dissemination and awareness-raising activities about European policy outcomes and priorities as well as on the Programme.

  Jean Monnet actions
  The Programme shall support teaching, learning, research and debates on European integration matters through the following actions: (a) Jean Monnet action in the field of higher education; (b) Jean Monnet action in other fields of education and training; (c) support to the following institutions pursuing an aim of European interest: the European University Institute, Florence, including its School of Transnational Governance; the College of Europe (Bruges and Natolin campuses); the European Institute of Public Administration, Maastricht; the Academy of European Law, Trier; the European Agency for Special Needs and Inclusive Education, Odense and the International Centre for European Training, Nice. |
| --- | --- |

(a)

the preparation and implementation of the Union general and sectoral policy agendas in education and training, including with the support of the Eurydice network or activities of other relevant organisations; (b) the support to Union tools and measures that foster the quality, transparency and recognition of competences, skills and qualifications; (c) policy dialogue and cooperation with key stakeholders, including Union-wide networks, European non-governmental organisations and international organisations in the field of education and training; (d) measures that contribute to the qualitative and inclusive implementation of the Programme; (e) cooperation with other Union instruments and support to other Union policies; (f) dissemination and awareness-raising activities about European policy outcomes and priorities as well as on the Programme.

This is with the understanding that amendments introduced by the European Parliament or the Council cannot modify or extend the scope of an existing legal base, or impinge on the administrative autonomy of the institutions, and that the action can be covered by available resources.

1.7.   Budget nomenclature

The budget nomenclature proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2020, is agreed, with the inclusion of the new pilot projects and preparatory actions (except the new preparatory action PA 01 21 01 for which the related appropriations are added to the existing preparatory action PA 01 20 01). In addition, the following adjustments are agreed by the Conciliation Committee:

| — | Two additional lines, as follows:








  Budget line | Heading / catpol | Name |
| --- | --- | --- | --- |
| 07 20 04 09 | 2b / 2.2.3SPEC | Information and training measures for workers’ organisations |
| 07 06 04 | 2b / 2.2.352 | Protect and promote Union values |

—

Two additional lines, as follows:

Budget line

Heading / catpol

Name

07 20 04 09

2b / 2.2.3SPEC

Information and training measures for workers’ organisations

07 06 04

2b / 2.2.352

Protect and promote Union values

| — | The line 07 03 01 ‘Promoting learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training’ is split into two separate lines as follows, with no impact on the level of appropriations:









  Budget line / Programme | Name | Appropriations (in EUR) |
| --- | --- | --- | --- |
| Commitment | Payment |
| 07 03 01 | Promoting learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training | | |
| 07 03 01 01 | Promoting learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training — Indirect management | 1 755 470 446 | 1 468 151 286 |
| 07 03 01 02 | Promoting learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training — Direct management | 542 824 138 | 295 331 144 |

—

The line 07 03 01 ‘Promoting learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training’ is split into two separate lines as follows, with no impact on the level of appropriations:

Budget line / Programme

Name

Appropriations (in EUR)

Commitment

Payment

07 03 01

Promoting learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training

07 03 01 01

Promoting learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training — Indirect management

1 755 470 446

1 468 151 286

07 03 01 02

Promoting learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training — Direct management

542 824 138

295 331 144

2.   Budget 2020

Draft Amending Budget (DAB) 10/2020 is approved as proposed by the Commission.

3.   Statements

3.1.   Unilateral statement by the European Commission on tackling child poverty under the European Social Fund+

Tackling child poverty will become even more important especially in the context of the current COVID-19 crisis and sufficient resources need to be devoted to it. The revised proposal for the European Social Fund+ (COM(2020)0447) includes a specific thematic concentration for addressing child poverty. It requires that each Member State shall allocate at least 5 % of their ESF+ resources under shared management to support targeted actions and structural reforms to tackling child poverty (Article 7(3)a). Given the currently foreseen national allocations, this represents almost EUR 5 billion in current prices for the 2021-27 programming period.

3.2.   Joint statement by the European Parliament and the Council on payment appropriations

The Council and the Parliament call on the Commission to continue closely and actively monitoring during the year 2021 the implementation of the 2014-2020 programmes (particularly in sub-heading 2a and Rural Development). To that end, the Council and the Parliament invite the Commission to present, in a timely manner, updated figures concerning the state of affairs and estimates regarding 2021 payment appropriations. If the figures show that the appropriations entered in the 2021 budget are insufficient to cover the needs, the Council and the Parliament invite the Commission to present as soon as possible an appropriate solution, inter alia a draft amending budget, with a view to allowing the European Parliament and the Council to take any necessary decisions in due time for justified needs. Where applicable, the Council and the Parliament will take into account the urgency of the matter, shortening the eight-week period for a decision if deemed necessary. The same applies mutatis mutandis if the figures show that the appropriations entered in the 2021 budget are higher than needed.

3.3.   Joint statement by the European Parliament, the Council and the Commission on tackling the impact of the COVID-19 crisis

In order to tackle the impact of the unprecedented COVID-19 crisis in the best interest of the EU, the European Parliament, the Council and the Commission are committed to taking the necessary measures to rapidly deploy the full potential of the new generation of EU programmes giving a particular attention to the sectors of the economy that are most hit by the crisis such as tourism and SMEs the people that are the most affected by the crisis such as children and young people.

3.4.   Unilateral statement by the Commission on governance of the decentralised agencies

The Commission has a keen interest in making sure that the decentralised agencies of the EU deliver on their mandate, including strengthening and streamlining their governance, as well as supporting harmonised planning and reporting by all decentralised agencies. The Commission considers that the Special Report of the European Court of Auditors no 22/2020, and the replies thereto, could form the basis for collaborative follow-up which will require the support of Council and Parliament.

3.5.   Joint statement by the European Parliament and the Council on Brexit Adjustment Reserve (BAR)

The European Parliament and the Council invite the Commission to submit a proposal for the relevant instrument necessary to operationalise the Brexit Adjustment Reserve without delay, in view of ensuring that a sufficient amount of appropriations can be made available for mobilisation in the financial year 2021. The European Parliament and the Council will take into account the urgency of the matter during their deliberations.

The European Parliament and the Council invite the Commission to present a draft amending budget, as soon as it is appropriate, to make available the necessary appropriations in the financial year 2021. The European Parliament and the Council will consider such a draft amending budget with due urgency.

---

(1)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union (OJ L 193, 30.7.2018, p. 1).

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/294 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/294

---

P9_TA(2020)0386

Basic road freight and road passenger connectivity at the end of the transition period with regard to the withdrawal of the United Kingdom from the Union ***I

European Parliament legislative resolution of 18 December 2020 on the proposal for a regulation of the European Parliament and of the Council on common rules ensuring basic road freight and road passenger connectivity following the end of the transition period mentioned in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (COM(2020)0826 — C9-0399/2020 — 2020/0362(COD))

(Ordinary legislative procedure: first reading)

(2021/C 445/50)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2020)0826), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2020)0826),

| — | having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0399/2020), |
| --- | --- |

—

having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0399/2020),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | after consulting the European Economic and Social Committee, |
| --- | --- |

—

after consulting the European Economic and Social Committee,

| — | after consulting the Committee of the Regions, |
| --- | --- |

—

after consulting the Committee of the Regions,

| — | having regard to the undertaking given by the Council representative by letter of 16 December 2020 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 16 December 2020 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rules 59 and 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 59 and 163 of its Rules of Procedure,

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

---

P9_TC1-COD(2020)0362

Position of the European Parliament adopted at first reading on 18 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council on common rules ensuring basic road freight and road passenger connectivity following the end of the transition period provided for in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2020/2224.)

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/295 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/295

---

P9_TA(2020)0387

Air connectivity following the end of the transition period with regard to the withdrawal of the United Kingdom from the Union ***I

European Parliament legislative resolution of 18 December 2020 on the proposal for a regulation of the European Parliament and of the Council on common rules ensuring basic air connectivity following the end of the transition period mentioned in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (COM(2020)0827 — C9-0398/2020 — 2020/0363(COD))

(Ordinary legislative procedure: first reading)

(2021/C 445/51)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2020)0827), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2020)0827),

| — | having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0398/2020), |
| --- | --- |

—

having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0398/2020),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | after consulting the European Economic and Social Committee, |
| --- | --- |

—

after consulting the European Economic and Social Committee,

| — | after consulting the Committee of the Regions, |
| --- | --- |

—

after consulting the Committee of the Regions,

| — | having regard to the undertaking given by the Council representative by letter of 16 December 2020 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 16 December 2020 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rules 59 and 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 59 and 163 of its Rules of Procedure,

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

---

P9_TC1-COD(2020)0363

Position of the European Parliament adopted at first reading on 18 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council on common rules ensuring basic air connectivity following the end of the transition period provided for in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2020/2225.)

---

| 29.10.2021 | EN | Official Journal of the European Union | C 445/296 |
| --- | --- | --- | --- |

29.10.2021

EN

Official Journal of the European Union

C 445/296

---

P9_TA(2020)0388

Aviation safety at the end of the transition period with regard to the withdrawal of the United Kingdom from the Union ***I

European Parliament legislative resolution of 18 December 2020 on the proposal for a regulation of the European Parliament and of the Council on certain aspects of aviation safety with regard to the end of the transition period mentioned in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (COM(2020)0828 — C9-0397/2020 — 2020/0364(COD))

(Ordinary legislative procedure: first reading)

(2021/C 445/52)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2020)0828), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2020)0828),

| — | having regard to Articles 294(2) and 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0397/2020), |
| --- | --- |

—

having regard to Articles 294(2) and 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0397/2020),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | after consulting the European Economic and Social Committee, |
| --- | --- |

—

after consulting the European Economic and Social Committee,

| — | after consulting the Committee of the Regions, |
| --- | --- |

—

after consulting the Committee of the Regions,

| — | having regard to the undertaking given by the Council representative by letter of 16 December 2020 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 16 December 2020 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rules 59 and 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 59 and 163 of its Rules of Procedure,

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

---

P9_TC1-COD(2020)0364

Position of the European Parliament adopted at first reading on 18 December 2020 with a view to the adoption of Regulation (EU) 2020/... of the European Parliament and of the Council on certain aspects of aviation safety with regard to the end of the transition period provided for in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2020/2226.)

---