# Official Journal C 279E/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.CE2009.279.eng |
| --- | --- |
| Official Journal
  of the European Union | C 279E |
| | |
| English edition | Information and Notices | Volume 5219 November 2009 |

ISSN 1725-2423

doi:10.3000/17252423.CE2009.279.eng

Official Journal

of the European Union

C 279E

English edition

Information and Notices

Volume 5219 November 2009

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RESOLUTIONS |
| | European Parliament |
| | Tuesday 20 May 2008 |
| 2009/C 279E/01 | The evaluation of the PEACE ProgrammeEuropean Parliament resolution of 20 May 2008 on the evaluation of the PEACE Programme and strategies for the future (2007/2150(INI)) | 1 |
| 2009/C 279E/02 | Trade in raw materials and commoditiesEuropean Parliament resolution of 20 May 2008 on trade in raw materials and commodities (2008/2051(INI)) | 5 |
| 2009/C 279E/03 | Outermost regionsEuropean Parliament resolution of 20 May 2008 on the strategy for the outermost regions: achievements and future prospects (2008/2010(INI)) | 12 |
| 2009/C 279E/04 | EU consumer policy strategy 2007-2013European Parliament resolution of 20 May 2008 on EU consumer policy strategy 2007-2013 (2007/2189(INI)) | 17 |
| 2009/C 279E/05 | Progress made in equal-opportunities and non-discrimination in the EU (transposition of Directives 2000/43/EC and 2000/78/EC)European Parliament resolution of 20 May 2008 on progress made in equal opportunities and non-discrimination in the EU (the transposition of Directives 2000/43/EC and 2000/78/EC) (2007/2202(INI)) | 23 |
| 2009/C 279E/06 | An Integrated Maritime Policy for the European UnionEuropean Parliament resolution of 20 May 2008 on an integrated maritime policy for the European Union (2008/2009(INI)) | 30 |
| | Wednesday 21 May 2008 |
| 2009/C 279E/07 | A simplified business environment for companiesEuropean Parliament resolution of 21 May 2008 on a simplified business environment for companies in the areas of company law, accounting and auditing (2007/2254(INI)) | 36 |
| 2009/C 279E/08 | Women and scienceEuropean Parliament resolution of 21 May 2008 on women and science (2007/2206(INI)) | 40 |
| 2009/C 279E/09 | Green Paper on better ship dismantlingEuropean Parliament resolution of 21 May 2008 on the Green Paper on better ship dismantling (2007/2279(INI)) | 44 |
| 2009/C 279E/10 | Scientific facts of climate change: findings and recommendations for decision-makingEuropean Parliament resolution of 21 May 2008 on the scientific facts of climate change: findings and recommendations for decision-making (2008/2001(INI)) | 51 |
| 2009/C 279E/11 | Turkey's 2007 progress reportEuropean Parliament resolution of 21 May 2008 on Turkey's 2007 progress report (2007/2269(INI)) | 57 |
| | Thursday 22 May 2008 |
| 2009/C 279E/12 | Mid-term review of industrial policyEuropean Parliament resolution of 22 May 2008 on the mid-term review of industrial policy: a contribution to the EU's Growth and Jobs Strategy (2007/2257(INI)) | 65 |
| 2009/C 279E/13 | LebanonEuropean Parliament resolution of 22 May 2008 on the situation in Lebanon | 69 |
| 2009/C 279E/14 | Rising food prices in the European Union and developing countriesEuropean Parliament resolution of 22 May 2008 on rising food prices in the EU and the developing countries | 71 |
| 2009/C 279E/15 | Visa exemptionsEuropean Parliament resolution of 22 May 2008 on negotiations between the European Union and the United States with regard to visa exemptions (visa waiver) | 77 |
| 2009/C 279E/16 | BurmaEuropean Parliament resolution of 22 May 2008 on the tragic situation in Burma | 80 |
| 2009/C 279E/17 | Natural disaster in China — European Parliament resolution of 22 May 2008 on the natural disaster in China | 82 |
| 2009/C 279E/18 | Global treaty to ban uranium weaponsEuropean Parliament resolution of 22 May 2008 on (depleted) uranium weapons and their effect on human health and the environment — towards a global ban on the use of such weapons | 84 |
| 2009/C 279E/19 | REACH (Draft Test Methods Regulation)European Parliament resolution of 22 May 2008 on the draft Commission Regulation laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) | 85 |
| 2009/C 279E/20 | Animal health strategy 2007-2013European Parliament resolution of 22 May 2008 on a new animal health strategy for the European Union 2007-2013 (2007/2260(INI)) | 89 |
| 2009/C 279E/21 | EU strategy for third Aarhus Convention meetingEuropean Parliament resolution of 22 May 2008 on the EU strategy for the third Meeting of the Parties to the Aarhus Convention in Riga, Latvia | 98 |
| 2009/C 279E/22 | Follow-up to the Paris Declaration of 2005 on Aid EffectivenessEuropean Parliament resolution of 22 May 2008 on the follow-up to the Paris Declaration of 2005 on Aid Effectiveness (2008/2048(INI)) | 100 |
| 2009/C 279E/23 | Sudan and the International Criminal Court (ICC)European Parliament resolution of 22 May 2008 on Sudan and the International Criminal Court (ICC) | 109 |
| 2009/C 279E/24 | The arrest of political opponents in BelarusEuropean Parliament resolution of 22 May 2008 on the arrest of political opponents in Belarus | 113 |
| 2009/C 279E/25 | Rising tension in BurundiEuropean Parliament resolution of 22 May 2008 on the rising tension in Burundi | 115 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 20 May 2008

2009/C 279E/01

The evaluation of the PEACE ProgrammeEuropean Parliament resolution of 20 May 2008 on the evaluation of the PEACE Programme and strategies for the future (2007/2150(INI))

1

2009/C 279E/02

Trade in raw materials and commoditiesEuropean Parliament resolution of 20 May 2008 on trade in raw materials and commodities (2008/2051(INI))

5

2009/C 279E/03

Outermost regionsEuropean Parliament resolution of 20 May 2008 on the strategy for the outermost regions: achievements and future prospects (2008/2010(INI))

12

2009/C 279E/04

EU consumer policy strategy 2007-2013European Parliament resolution of 20 May 2008 on EU consumer policy strategy 2007-2013 (2007/2189(INI))

17

2009/C 279E/05

Progress made in equal-opportunities and non-discrimination in the EU (transposition of Directives 2000/43/EC and 2000/78/EC)European Parliament resolution of 20 May 2008 on progress made in equal opportunities and non-discrimination in the EU (the transposition of Directives 2000/43/EC and 2000/78/EC) (2007/2202(INI))

23

2009/C 279E/06

An Integrated Maritime Policy for the European UnionEuropean Parliament resolution of 20 May 2008 on an integrated maritime policy for the European Union (2008/2009(INI))

30

Wednesday 21 May 2008

2009/C 279E/07

A simplified business environment for companiesEuropean Parliament resolution of 21 May 2008 on a simplified business environment for companies in the areas of company law, accounting and auditing (2007/2254(INI))

36

2009/C 279E/08

Women and scienceEuropean Parliament resolution of 21 May 2008 on women and science (2007/2206(INI))

40

2009/C 279E/09

Green Paper on better ship dismantlingEuropean Parliament resolution of 21 May 2008 on the Green Paper on better ship dismantling (2007/2279(INI))

44

2009/C 279E/10

Scientific facts of climate change: findings and recommendations for decision-makingEuropean Parliament resolution of 21 May 2008 on the scientific facts of climate change: findings and recommendations for decision-making (2008/2001(INI))

51

2009/C 279E/11

Turkey's 2007 progress reportEuropean Parliament resolution of 21 May 2008 on Turkey's 2007 progress report (2007/2269(INI))

57

Thursday 22 May 2008

2009/C 279E/12

Mid-term review of industrial policyEuropean Parliament resolution of 22 May 2008 on the mid-term review of industrial policy: a contribution to the EU's Growth and Jobs Strategy (2007/2257(INI))

65

2009/C 279E/13

LebanonEuropean Parliament resolution of 22 May 2008 on the situation in Lebanon

69

2009/C 279E/14

Rising food prices in the European Union and developing countriesEuropean Parliament resolution of 22 May 2008 on rising food prices in the EU and the developing countries

71

2009/C 279E/15

Visa exemptionsEuropean Parliament resolution of 22 May 2008 on negotiations between the European Union and the United States with regard to visa exemptions (visa waiver)

77

2009/C 279E/16

BurmaEuropean Parliament resolution of 22 May 2008 on the tragic situation in Burma

80

2009/C 279E/17

Natural disaster in China — European Parliament resolution of 22 May 2008 on the natural disaster in China

82

2009/C 279E/18

Global treaty to ban uranium weaponsEuropean Parliament resolution of 22 May 2008 on (depleted) uranium weapons and their effect on human health and the environment — towards a global ban on the use of such weapons

84

2009/C 279E/19

REACH (Draft Test Methods Regulation)European Parliament resolution of 22 May 2008 on the draft Commission Regulation laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

85

2009/C 279E/20

Animal health strategy 2007-2013European Parliament resolution of 22 May 2008 on a new animal health strategy for the European Union 2007-2013 (2007/2260(INI))

89

2009/C 279E/21

EU strategy for third Aarhus Convention meetingEuropean Parliament resolution of 22 May 2008 on the EU strategy for the third Meeting of the Parties to the Aarhus Convention in Riga, Latvia

98

2009/C 279E/22

Follow-up to the Paris Declaration of 2005 on Aid EffectivenessEuropean Parliament resolution of 22 May 2008 on the follow-up to the Paris Declaration of 2005 on Aid Effectiveness (2008/2048(INI))

100

2009/C 279E/23

Sudan and the International Criminal Court (ICC)European Parliament resolution of 22 May 2008 on Sudan and the International Criminal Court (ICC)

109

2009/C 279E/24

The arrest of political opponents in BelarusEuropean Parliament resolution of 22 May 2008 on the arrest of political opponents in Belarus

113

2009/C 279E/25

Rising tension in BurundiEuropean Parliament resolution of 22 May 2008 on the rising tension in Burundi

115

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| | III   Preparatory Acts |
| --- | --- |
| | European Parliament |
| | Tuesday 20 May 2008 |
| 2009/C 279E/26 | Comparability of vocational training qualifications between the Member States ***IEuropean Parliament 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 (COM(2007)0680 — C6-0398/2007 — 2007/0234(COD)) | 119 |
| 2009/C 279E/27 | Simplifying procedures for listing and publishing information in the veterinary and zootechnical fields *European Parliament legislative resolution of 20 May 2008 on the proposal for a Council directive simplifying procedures of listing and publishing information in the veterinary and zootechnical fields and amending Directives 64/432/EEC, 77/504/EEC, 88/407/EEC, 88/661/EEC, 89/361/EEC, 89/556/EEC, 90/427/EEC, 90/428/EEC, 90/429/EEC, 90/539/EEC, 91/68/EEC, 92/35/EEC, 92/65/EEC, 92/66/EEC, 92/119/EEC, 94/28/EC, 2000/75/EC, Decision 2000/258/EC and Directives 2001/89/EC, 2002/60/EC, and 2005/94/EC (COM(2008)0120 — C6-0156/2008 — 2008/0046(CNS)) | 120 |
| 2009/C 279E/28 | The return of cultural objects unlawfully removed from the territory of a Member State (codified version) ***IEuropean Parliament legislative resolution of 20 May 2008 on the proposal for a directive of the European Parliament and of the Council on the return of cultural objects unlawfully removed from the territory of a Member State (codified version) (COM(2007)0873 — C6-0025/2008 — 2007/0299(COD)) | 120 |
| 2009/C 279E/29 | Fuel Cells and Hydrogen Joint Undertaking *European Parliament legislative resolution of 20 May 2008 on the proposal for a Council regulation setting up the Fuel Cells and Hydrogen Joint Undertaking (COM(2007)0571 — C6-0446/2007 — 2007/0211(CNS)) | 121 |
| 2009/C 279E/30 | Community Tobacco Fund *European Parliament legislative resolution of 20 May 2008 on the proposal for a Council regulation amending Regulation (EC) No 1782/2003 as regards the transfer of tobacco aid to the Community Tobacco Fund for the years 2008 and 2009 and Regulation (EC) No 1234/2007 with regard to financing of the Community Tobacco Fund (COM(2008)0051 — C6-0062/2008 — 2008/0020(CNS)) | 144 |
| 2009/C 279E/31 | Meat and livestock statistics ***IEuropean Parliament legislative resolution of 20 May 2008 on the proposal for a regulation of the European Parliament and of the Council concerning meat and livestock statistics (COM(2007)0129 — C6-0099/2007 — 2007/0051(COD)) | 148 |
| P6_TC1-COD(2007)0051Position of the European Parliament adopted at first reading on 20 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council concerning livestock and meat statistics and repealing Council Directives 93/23/EEC, 93/24/EEC and 93/25/EEC | 148 |
| 2009/C 279E/32 | Employment Policy Guidelines for Member States *European Parliament legislative resolution of 20 May 2008 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2007)0803 PART V — C6-0031/2008 — 2007/0300(CNS)) | 149 |
| 2009/C 279E/33 | 2009 budget: Parliament's estimatesEuropean Parliament resolution of 20 May 2008 on Parliament's estimates of revenue and expenditure for the financial year 2009 (2008/2022(BUD)) | 163 |
| | Wednesday 21 May 2008 |
| 2009/C 279E/34 | Banning of exports and the safe storage of metallic mercury ***IIEuropean Parliament legislative resolution of 21 May 2008 on the Council common position for adopting a regulation of the European Parliament and of the Council on the banning of exports and the safe storage of metallic mercury (11488/1/2007 — C6-0034/2008 — 2006/0206(COD)) | 166 |
| P6_TC2-COD(2006)0206Position of the European Parliament adopted at second reading on 21 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury | 166 |
| 2009/C 279E/35 | Protection of the environment through criminal law ***IEuropean Parliament legislative resolution of 21 May 2008 on the proposal for a directive of the European Parliament and of the Council on the protection of the environment through criminal law (COM(2007)0051 — C6-0063/2007 — 2007/0022(COD)) | 167 |
| P6_TC1-COD(2007)0022Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on the protection of the environment through criminal law | 167 |
| 2009/C 279E/36 | Farm structure surveys and the survey on agricultural production methods ***IEuropean Parliament legislative resolution of 21 May 2008 on the proposal for a regulation of the European Parliament and of the Council on farm structure surveys and the survey on agricultural production methods and repealing Council Regulation (EEC) No 571/88 (COM(2007)0245 — C6-0127/2007 — 2007/0084(COD)) | 168 |
| P6_TC1-COD(2007)0084Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on farm structure surveys and the survey on agricultural production methods and repealing Council Regulation (EEC) No 571/88 | 168 |
| 2009/C 279E/37 | Conditions to be complied with to pursue the occupation of road transport operator ***IEuropean Parliament legislative resolution of 21 May 2008 on the proposal for a regulation of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (COM(2007)0263 — C6-0145/2007 — 2007/0098(COD))) | 169 |
| P6_TC1-COD(2007)0098Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC | 169 |
| | 187 |
| | 193 |
| | 194 |
| 2009/C 279E/38 | International carriage of goods by road (recast) ***IEuropean Parliament legislative resolution of 21 May 2008 on the proposal for a regulation of the European Parliament and of the Council on common rules for access to the international road haulage market (recast) (COM(2007)0265 — C6-0146/2007 — 2007/0099(COD)) | 194 |
| P6_TC1-COD(2007)0099Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on common rules for access to the international road haulage market (recast) | 195 |
| | 209 |
| | 211 |
| | 213 |
| 2009/C 279E/39 | Mobile satellite services (MSS) ***IEuropean Parliament legislative resolution of 21 May 2008 on the proposal for a decision of the European Parliament and of the Council on the selection and authorisation of systems providing mobile satellite services (MSS) (COM(2007)0480 — C6-0257/2007 — 2007/0174(COD)) | 215 |
| P6_TC1-COD(2007)0174Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Decision No .../2008/EC of the European Parliament and of the Council on the selection and authorisation of systems providing mobile satellite services (MSS) | 215 |
| | Thursday 22 May 2008 |
| 2009/C 279E/40 | Draft amending budget No 2/2008European Parliament resolution of 22 May 2008 on Draft amending budget No 2/2008 of the European Union for the financial year 2008, Section III — Commission (9190/2008 — C6-0192/2008 — 2008/2080(BUD)) | 216 |
| 2009/C 279E/41 | European Training Foundation (recast) ***IEuropean Parliament legislative resolution of 22 May 2008 on the proposal for a regulation of the European Parliament and of the Council establishing a European Training Foundation (recast) (COM(2007)0443 — C6-0243/2007 — 2007/0163(COD)) | 217 |
| P6_TC1-COD(2007)0163Position of the European Parliament adopted at first reading on 22 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council establishing a European Training Foundation (recast) | 218 |
| | 231 |
| | 231 |

III   Preparatory Acts

European Parliament

Tuesday 20 May 2008

2009/C 279E/26

Comparability of vocational training qualifications between the Member States ***IEuropean Parliament 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 (COM(2007)0680 — C6-0398/2007 — 2007/0234(COD))

119

2009/C 279E/27

Simplifying procedures for listing and publishing information in the veterinary and zootechnical fields *European Parliament legislative resolution of 20 May 2008 on the proposal for a Council directive simplifying procedures of listing and publishing information in the veterinary and zootechnical fields and amending Directives 64/432/EEC, 77/504/EEC, 88/407/EEC, 88/661/EEC, 89/361/EEC, 89/556/EEC, 90/427/EEC, 90/428/EEC, 90/429/EEC, 90/539/EEC, 91/68/EEC, 92/35/EEC, 92/65/EEC, 92/66/EEC, 92/119/EEC, 94/28/EC, 2000/75/EC, Decision 2000/258/EC and Directives 2001/89/EC, 2002/60/EC, and 2005/94/EC (COM(2008)0120 — C6-0156/2008 — 2008/0046(CNS))

120

2009/C 279E/28

The return of cultural objects unlawfully removed from the territory of a Member State (codified version) ***IEuropean Parliament legislative resolution of 20 May 2008 on the proposal for a directive of the European Parliament and of the Council on the return of cultural objects unlawfully removed from the territory of a Member State (codified version) (COM(2007)0873 — C6-0025/2008 — 2007/0299(COD))

120

2009/C 279E/29

Fuel Cells and Hydrogen Joint Undertaking *European Parliament legislative resolution of 20 May 2008 on the proposal for a Council regulation setting up the Fuel Cells and Hydrogen Joint Undertaking (COM(2007)0571 — C6-0446/2007 — 2007/0211(CNS))

121

2009/C 279E/30

Community Tobacco Fund *European Parliament legislative resolution of 20 May 2008 on the proposal for a Council regulation amending Regulation (EC) No 1782/2003 as regards the transfer of tobacco aid to the Community Tobacco Fund for the years 2008 and 2009 and Regulation (EC) No 1234/2007 with regard to financing of the Community Tobacco Fund (COM(2008)0051 — C6-0062/2008 — 2008/0020(CNS))

144

2009/C 279E/31

Meat and livestock statistics ***IEuropean Parliament legislative resolution of 20 May 2008 on the proposal for a regulation of the European Parliament and of the Council concerning meat and livestock statistics (COM(2007)0129 — C6-0099/2007 — 2007/0051(COD))

148

P6_TC1-COD(2007)0051Position of the European Parliament adopted at first reading on 20 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council concerning livestock and meat statistics and repealing Council Directives 93/23/EEC, 93/24/EEC and 93/25/EEC

148

2009/C 279E/32

Employment Policy Guidelines for Member States *European Parliament legislative resolution of 20 May 2008 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2007)0803 PART V — C6-0031/2008 — 2007/0300(CNS))

149

2009/C 279E/33

2009 budget: Parliament's estimatesEuropean Parliament resolution of 20 May 2008 on Parliament's estimates of revenue and expenditure for the financial year 2009 (2008/2022(BUD))

163

Wednesday 21 May 2008

2009/C 279E/34

Banning of exports and the safe storage of metallic mercury ***IIEuropean Parliament legislative resolution of 21 May 2008 on the Council common position for adopting a regulation of the European Parliament and of the Council on the banning of exports and the safe storage of metallic mercury (11488/1/2007 — C6-0034/2008 — 2006/0206(COD))

166

P6_TC2-COD(2006)0206Position of the European Parliament adopted at second reading on 21 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury

166

2009/C 279E/35

Protection of the environment through criminal law ***IEuropean Parliament legislative resolution of 21 May 2008 on the proposal for a directive of the European Parliament and of the Council on the protection of the environment through criminal law (COM(2007)0051 — C6-0063/2007 — 2007/0022(COD))

167

P6_TC1-COD(2007)0022Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on the protection of the environment through criminal law

167

2009/C 279E/36

Farm structure surveys and the survey on agricultural production methods ***IEuropean Parliament legislative resolution of 21 May 2008 on the proposal for a regulation of the European Parliament and of the Council on farm structure surveys and the survey on agricultural production methods and repealing Council Regulation (EEC) No 571/88 (COM(2007)0245 — C6-0127/2007 — 2007/0084(COD))

168

P6_TC1-COD(2007)0084Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on farm structure surveys and the survey on agricultural production methods and repealing Council Regulation (EEC) No 571/88

168

2009/C 279E/37

Conditions to be complied with to pursue the occupation of road transport operator ***IEuropean Parliament legislative resolution of 21 May 2008 on the proposal for a regulation of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (COM(2007)0263 — C6-0145/2007 — 2007/0098(COD)))

169

P6_TC1-COD(2007)0098Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC

169

187

193

194

2009/C 279E/38

International carriage of goods by road (recast) ***IEuropean Parliament legislative resolution of 21 May 2008 on the proposal for a regulation of the European Parliament and of the Council on common rules for access to the international road haulage market (recast) (COM(2007)0265 — C6-0146/2007 — 2007/0099(COD))

194

P6_TC1-COD(2007)0099Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on common rules for access to the international road haulage market (recast)

(EC) No .../2008

195

209

211

213

2009/C 279E/39

Mobile satellite services (MSS) ***IEuropean Parliament legislative resolution of 21 May 2008 on the proposal for a decision of the European Parliament and of the Council on the selection and authorisation of systems providing mobile satellite services (MSS) (COM(2007)0480 — C6-0257/2007 — 2007/0174(COD))

215

P6_TC1-COD(2007)0174Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Decision No .../2008/EC of the European Parliament and of the Council on the selection and authorisation of systems providing mobile satellite services (MSS)

215

Thursday 22 May 2008

2009/C 279E/40

Draft amending budget No 2/2008European Parliament resolution of 22 May 2008 on Draft amending budget No 2/2008 of the European Union for the financial year 2008, Section III — Commission (9190/2008 — C6-0192/2008 — 2008/2080(BUD))

216

2009/C 279E/41

European Training Foundation (recast) ***IEuropean Parliament legislative resolution of 22 May 2008 on the proposal for a regulation of the European Parliament and of the Council establishing a European Training Foundation (recast) (COM(2007)0443 — C6-0243/2007 — 2007/0163(COD))

217

P6_TC1-COD(2007)0163Position of the European Parliament adopted at first reading on 22 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council establishing a European Training Foundation (recast)

218

231

231

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European Parliament2008-2009 SESSIONSittings of 20 to 22 May 2008TEXTS ADOPTEDThe Minutes of this session have been published in OJ C 180 E, 17.7.2008.

| Key to symbols used






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

Key to symbols used

*

Consultation procedure

**I

Cooperation procedure: first reading

**II

Cooperation procedure: second reading

***

Assent procedure

***I

Codecision procedure: first reading

***II

Codecision procedure: second reading

***III

Codecision procedure: third reading

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

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

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

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

EN

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I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 20 May 2008

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/1 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/1

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The evaluation of the PEACE Programme

P6_TA(2008)0205

European Parliament resolution of 20 May 2008 on the evaluation of the PEACE Programme and strategies for the future (2007/2150(INI))

(2009/C 279 E/01)

The European Parliament,

| — | having regard to Article 158 of the EC Treaty, |
| --- | --- |

—

having regard to Article 158 of the EC Treaty,

| — | having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions for the Structural Funds (1), |
| --- | --- |

—

having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions for the Structural Funds (1),

| — | having regard to Council Regulation (EEC) No 2081/93 of 20 July 1993 amending Regulation (EEC) No 2052/88 on the tasks of the Structural Funds and their effectiveness and on the coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (2), |
| --- | --- |

—

having regard to Council Regulation (EEC) No 2081/93 of 20 July 1993 amending Regulation (EEC) No 2052/88 on the tasks of the Structural Funds and their effectiveness and on the coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (2),

| — | having regard to Council Regulation (EEC) No 2082/93 of 20 July 1993 amending Regulation (EEC) No 4253/88 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (3), |
| --- | --- |

—

having regard to Council Regulation (EEC) No 2082/93 of 20 July 1993 amending Regulation (EEC) No 4253/88 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (3),

| — | having regard to Council Regulation (EC) No 214/2000 of 24 January 2000 on Community financial contributions to the International Fund for Ireland (4), |
| --- | --- |

—

having regard to Council Regulation (EC) No 214/2000 of 24 January 2000 on Community financial contributions to the International Fund for Ireland (4),

| — | having regard to Council Regulation (EC) No 2236/2002 of 10 December 2002 concerning Community financial contributions to the International Fund for Ireland (2003-2004) (5), |
| --- | --- |

—

having regard to Council Regulation (EC) No 2236/2002 of 10 December 2002 concerning Community financial contributions to the International Fund for Ireland (2003-2004) (5),

| — | having regard to Council Regulation (EC) No 1105/2003 of 26 May 2003 amending Regulation (EC) No 1260/1999 laying down general provisions on the Structural Funds (6), |
| --- | --- |

—

having regard to Council Regulation (EC) No 1105/2003 of 26 May 2003 amending Regulation (EC) No 1260/1999 laying down general provisions on the Structural Funds (6),

| — | having regard to Council Regulation (EC) No 173/2005 of 24 January 2005 amending Regulation (EC) No 1260/1999 laying down general provisions on the Structural Funds concerning the extension of the duration of the PEACE programme and the granting of new commitment appropriations (7), |
| --- | --- |

—

having regard to Council Regulation (EC) No 173/2005 of 24 January 2005 amending Regulation (EC) No 1260/1999 laying down general provisions on the Structural Funds concerning the extension of the duration of the PEACE programme and the granting of new commitment appropriations (7),

| — | having regard to Council Regulation (EC) No 177/2005 of 24 January 2005 concerning Community financial contributions to the International Fund for Ireland (2005-2006) (8), |
| --- | --- |

—

having regard to Council Regulation (EC) No 177/2005 of 24 January 2005 concerning Community financial contributions to the International Fund for Ireland (2005-2006) (8),

| — | having regard to Council Regulation (EC) No 1968/2006 of 21 December 2006 concerning Community financial contributions to the International Fund for Ireland (2007 to 2010) (9), |
| --- | --- |

—

having regard to Council Regulation (EC) No 1968/2006 of 21 December 2006 concerning Community financial contributions to the International Fund for Ireland (2007 to 2010) (9),

| — | having regard to Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) (10), |
| --- | --- |

—

having regard to Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) (10),

| — | having regard to the Commission's Communication entitled A Special Support Programme for Peace and Reconciliation in Northern Ireland (COM(1994)0607), |
| --- | --- |

—

having regard to the Commission's Communication entitled A Special Support Programme for Peace and Reconciliation in Northern Ireland (COM(1994)0607),

| — | having regard to the Commission's Communication entitled Report on the International Fund for Ireland pursuant to Article 5 of Council Regulation (EC) No 177/2005 (COM(2006)0563), |
| --- | --- |

—

having regard to the Commission's Communication entitled Report on the International Fund for Ireland pursuant to Article 5 of Council Regulation (EC) No 177/2005 (COM(2006)0563),

| — | having regard to Court of Auditors' Special Report No 7/2000 concerning the International Fund for Ireland and the Special Support Programme for Peace and Reconciliation in Northern Ireland and the border counties of Ireland (1995 to 1999), together with the Commission's replies thereto (paragraph 58) (11), |
| --- | --- |

—

having regard to Court of Auditors' Special Report No 7/2000 concerning the International Fund for Ireland and the Special Support Programme for Peace and Reconciliation in Northern Ireland and the border counties of Ireland (1995 to 1999), together with the Commission's replies thereto (paragraph 58) (11),

| — | having regard to the public hearing on evaluation of the PEACE programme and strategies for the future organised by the Committee on Regional Development of the European Parliament on the 20 November 2007, |
| --- | --- |

—

having regard to the public hearing on evaluation of the PEACE programme and strategies for the future organised by the Committee on Regional Development of the European Parliament on the 20 November 2007,

| — | having regard to the Task Force for Northern Ireland (TFNI) created after the visit of Mr Barroso, President of the Commission, to Belfast in May 2007, |
| --- | --- |

—

having regard to the Task Force for Northern Ireland (TFNI) created after the visit of Mr Barroso, President of the Commission, to Belfast in May 2007,

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Development (A6-0133/2008), |
| --- | --- |

—

having regard to the report of the Committee on Regional Development (A6-0133/2008),

| A. | whereas the EU programmes PEACE I and II, funded under Council Regulations (EC) Nos 1105/2003 and 173/2005, were aimed at securing peace and included two main elements: taking the opportunities arising from peace and addressing the legacy of conflict and violence, |
| --- | --- |

A.

whereas the EU programmes PEACE I and II, funded under Council Regulations (EC) Nos 1105/2003 and 173/2005, were aimed at securing peace and included two main elements: taking the opportunities arising from peace and addressing the legacy of conflict and violence,

| B. | whereas the EU's participation in the PEACE programmes was and is of great positive value and the EU connection with such peace-building projects, in addition to providing a financial instrument, further demonstrated the EU's importance as a neutral authority with the expertise and long-term vision necessary for designing the programme, |
| --- | --- |

B.

whereas the EU's participation in the PEACE programmes was and is of great positive value and the EU connection with such peace-building projects, in addition to providing a financial instrument, further demonstrated the EU's importance as a neutral authority with the expertise and long-term vision necessary for designing the programme,

| C. | whereas the reconciliation process operates at various levels, and whereas it must be actively encouraged but cannot be imposed (12), |
| --- | --- |

C.

whereas the reconciliation process operates at various levels, and whereas it must be actively encouraged but cannot be imposed (12),

| D. | whereas peace-building and reconciliation are by their very nature precarious but are essential in overcoming the political, economic and social problems in the region, and whereas projects for building confidence should therefore be given room for experimentation and for innovation in order to get started, |
| --- | --- |

D.

whereas peace-building and reconciliation are by their very nature precarious but are essential in overcoming the political, economic and social problems in the region, and whereas projects for building confidence should therefore be given room for experimentation and for innovation in order to get started,

| E. | whereas the conflict in Northern Ireland created segregated communities, leading to deep social, economic and political divides, |
| --- | --- |

E.

whereas the conflict in Northern Ireland created segregated communities, leading to deep social, economic and political divides,

| F. | whereas contact and confidence-building can result in changing negative views and whereas fostering mutual understanding among young people helps future leaders to understand the history and culture of both communities, |
| --- | --- |

F.

whereas contact and confidence-building can result in changing negative views and whereas fostering mutual understanding among young people helps future leaders to understand the history and culture of both communities,

| G. | whereas working in partnership with local communities may take more time as it involves more participants and procedures, although it is evident that the extra benefits obtained are essential, since delegating to a lower level of management and raising the level of participation increases awareness of both the programmes and the EU, |
| --- | --- |

G.

whereas working in partnership with local communities may take more time as it involves more participants and procedures, although it is evident that the extra benefits obtained are essential, since delegating to a lower level of management and raising the level of participation increases awareness of both the programmes and the EU,

| H. | whereas previously marginalised groups and people greatly affected by the conflict and violence have been empowered by the PEACE programmes to contribute to actively building peace; whereas projects under the PEACE programmes are serving the most marginalised segments of society by developing activities for individuals and groups such as victims of conflict, older and vulnerable people, the disabled, victims of domestic violence, ex-prisoners and unemployed young people (13), |
| --- | --- |

H.

whereas previously marginalised groups and people greatly affected by the conflict and violence have been empowered by the PEACE programmes to contribute to actively building peace; whereas projects under the PEACE programmes are serving the most marginalised segments of society by developing activities for individuals and groups such as victims of conflict, older and vulnerable people, the disabled, victims of domestic violence, ex-prisoners and unemployed young people (13),

| I. | whereas many people who have worked in peace-building and reconciliation projects have done so on a voluntary basis, |
| --- | --- |

I.

whereas many people who have worked in peace-building and reconciliation projects have done so on a voluntary basis,

| J. | whereas it is vital that peace building programmes, in particular those involving community and voluntary groups, continue to be financially supported when PEACE funding comes to an end, |
| --- | --- |

J.

whereas it is vital that peace building programmes, in particular those involving community and voluntary groups, continue to be financially supported when PEACE funding comes to an end,

| K. | whereas the voluntary and community sectors are renowned for their achievements in confronting social decline and deprivation and are well-placed to develop and provide frontline services for the most disadvantaged in society, and whereas women have a very positive role in peace-building, |
| --- | --- |

K.

whereas the voluntary and community sectors are renowned for their achievements in confronting social decline and deprivation and are well-placed to develop and provide frontline services for the most disadvantaged in society, and whereas women have a very positive role in peace-building,

| L. | whereas the PEACE programmes have assisted in the development of economic projects in deprived areas by establishing new enterprises, |
| --- | --- |

L.

whereas the PEACE programmes have assisted in the development of economic projects in deprived areas by establishing new enterprises,

| M. | whereas many community and voluntary initiatives funded under PEACE II are operating on an ongoing basis providing essential community services for marginalised groups in particular and are awaiting confirmation of funding so that they can continue providing these services, |
| --- | --- |

M.

whereas many community and voluntary initiatives funded under PEACE II are operating on an ongoing basis providing essential community services for marginalised groups in particular and are awaiting confirmation of funding so that they can continue providing these services,

| N. | whereas one aspect of the economic development resulting from the support granted under the PEACE programmes, was that it benefited both urban and rural areas, |
| --- | --- |

N.

whereas one aspect of the economic development resulting from the support granted under the PEACE programmes, was that it benefited both urban and rural areas,

| O. | whereas funding under the International Fund for Ireland (IFI) is often complementary and both programmes, IFI and PEACE, made it possible for projects to reach a stage where they could access other EU funding, such as Interreg, |
| --- | --- |

O.

whereas funding under the International Fund for Ireland (IFI) is often complementary and both programmes, IFI and PEACE, made it possible for projects to reach a stage where they could access other EU funding, such as Interreg,

| P. | whereas many of the actions in the PEACE sub-programmes, the IFI programmes and the Interreg initiative, have shown a high degree of similarity and some degree of duplication of activities in certain areas, |
| --- | --- |

P.

whereas many of the actions in the PEACE sub-programmes, the IFI programmes and the Interreg initiative, have shown a high degree of similarity and some degree of duplication of activities in certain areas,

| Q. | whereas accountability and transparency, participation, recognition of the interdependence of all people, successful elimination of inequality, promotion of diversity and attention to vulnerable groups and equal opportunities are important elements in peace-building and reconciliation, |
| --- | --- |

Q.

whereas accountability and transparency, participation, recognition of the interdependence of all people, successful elimination of inequality, promotion of diversity and attention to vulnerable groups and equal opportunities are important elements in peace-building and reconciliation,

| R. | whereas the report of the Interim Commissioner for Victims and Survivors1 stated that support groups for victims and survivors have a dependency on non-recurring PEACE funding and found a lack of clarity as regards how projects for victims and survivors would proceed when PEACE funding is no longer available, and whereas four new commissioners for victims have recently been appointed by the First and Deputy First Ministers of Northern Ireland (14), |
| --- | --- |

R.

whereas the report of the Interim Commissioner for Victims and Survivors1 stated that support groups for victims and survivors have a dependency on non-recurring PEACE funding and found a lack of clarity as regards how projects for victims and survivors would proceed when PEACE funding is no longer available, and whereas four new commissioners for victims have recently been appointed by the First and Deputy First Ministers of Northern Ireland (14),

| S. | whereas the protection and promotion of human rights are an integral part of peace-building and the rebuilding of post-conflict societies, |
| --- | --- |

S.

whereas the protection and promotion of human rights are an integral part of peace-building and the rebuilding of post-conflict societies,

| 1. | Stresses that local empowerment is an essential part of peace-building and that the participation of civil society improves policy-making and the way in which society is governed; |
| --- | --- |

1.

Stresses that local empowerment is an essential part of peace-building and that the participation of civil society improves policy-making and the way in which society is governed;

| 2. | Points out that the development of various implementation mechanisms together with the voluntary sector, non-governmental organisations and local authorities has provided wide-ranging experience of dealing with EU funds; hopes that such bottom-up provision mechanisms may be used in the implementation of other funding programmes; |
| --- | --- |

2.

Points out that the development of various implementation mechanisms together with the voluntary sector, non-governmental organisations and local authorities has provided wide-ranging experience of dealing with EU funds; hopes that such bottom-up provision mechanisms may be used in the implementation of other funding programmes;

| 3. | Welcomes the contribution made by the PEACE and IFI programmes to economic and social development; notes that one enterprise centre established, before the implementation of the IFI, in a deprived area developed with the support of the IFI and the local district council into a network of thirty two enterprise centres, which helped boost confidence and hope amongst those involved; |
| --- | --- |

3.

Welcomes the contribution made by the PEACE and IFI programmes to economic and social development; notes that one enterprise centre established, before the implementation of the IFI, in a deprived area developed with the support of the IFI and the local district council into a network of thirty two enterprise centres, which helped boost confidence and hope amongst those involved;

| 4. | Emphasises that the cooperation between participants in programmes financed by PEACE and IFI should not cease when the programmes comes to an end; calls on government departments to maintain that work, which proved to be effective, in order to ensure that mainstream funding continues for this invaluable work once all PEACE funding comes to an end; |
| --- | --- |

4.

Emphasises that the cooperation between participants in programmes financed by PEACE and IFI should not cease when the programmes comes to an end; calls on government departments to maintain that work, which proved to be effective, in order to ensure that mainstream funding continues for this invaluable work once all PEACE funding comes to an end;

| 5. | Calls on the governments of both the United Kingdom and Ireland to put in place temporary funding arrangements for community and voluntary groups in particular in order to bridge the gap between the end of PEACE II funding programmes and the beginning of PEACE III funding programmes; |
| --- | --- |

5.

Calls on the governments of both the United Kingdom and Ireland to put in place temporary funding arrangements for community and voluntary groups in particular in order to bridge the gap between the end of PEACE II funding programmes and the beginning of PEACE III funding programmes;

| 6. | Calls on the Commission and the governments of the United Kingdom and Ireland to engage with the Commissioners for Victims and Survivors with a view to finding a mechanism for victim and survivor support groups to continue to receive financial support after the termination of all PEACE funding; |
| --- | --- |

6.

Calls on the Commission and the governments of the United Kingdom and Ireland to engage with the Commissioners for Victims and Survivors with a view to finding a mechanism for victim and survivor support groups to continue to receive financial support after the termination of all PEACE funding;

| 7. | Calls on the Commission, in relation to the TFNI, to replicate the active citizenship approach of the PEACE I and PEACE II programmes, when structuring future initiatives; recalls the importance for the stabilisation of the peace process of balanced regional development including attention to infrastructure which is underdeveloped in comparison with that of other regions in the EU, and calls on the TFNI to be more positive in its support for infrastructure improvement; |
| --- | --- |

7.

Calls on the Commission, in relation to the TFNI, to replicate the active citizenship approach of the PEACE I and PEACE II programmes, when structuring future initiatives; recalls the importance for the stabilisation of the peace process of balanced regional development including attention to infrastructure which is underdeveloped in comparison with that of other regions in the EU, and calls on the TFNI to be more positive in its support for infrastructure improvement;

| 8. | Calls for the further development of cross-border work, given that cross-border work has been central to the regeneration of urban and rural communities in the border areas; urges the further development of cooperation between local chambers of commerce and public sector bodies as well as forums for the voluntary and community sectors on both sides of the border and for voluntary organisations that already work on a cross-border basis; |
| --- | --- |

8.

Calls for the further development of cross-border work, given that cross-border work has been central to the regeneration of urban and rural communities in the border areas; urges the further development of cooperation between local chambers of commerce and public sector bodies as well as forums for the voluntary and community sectors on both sides of the border and for voluntary organisations that already work on a cross-border basis;

| 9. | Calls on the Government of Ireland to implement Regulation (EC) No 1082/2006 immediately; |
| --- | --- |

9.

Calls on the Government of Ireland to implement Regulation (EC) No 1082/2006 immediately;

| 10. | Urges the widespread use of consultation, both large and small-scale and with a local focus, within the funding programmes and emphasises the importance of securing schemes that allow for the approval of small grants to fund work that is needed at short notice and work where its results cannot be easily quantified as well as schemes that allow for long-term sustainability and can make a contribution to local communities; |
| --- | --- |

10.

Urges the widespread use of consultation, both large and small-scale and with a local focus, within the funding programmes and emphasises the importance of securing schemes that allow for the approval of small grants to fund work that is needed at short notice and work where its results cannot be easily quantified as well as schemes that allow for long-term sustainability and can make a contribution to local communities;

| 11. | Calls for a reduction in bureaucracy to ensure that small projects are not overburdened; |
| --- | --- |

11.

Calls for a reduction in bureaucracy to ensure that small projects are not overburdened;

| 12. | Recognises that peace-building is a long-term, evolutionary process and that robust development towards peace and reconciliation takes time; calls for a longer time-frame for individual grants in order to allow projects to make a difference; recognises that not only economic initiatives but also cultural and sporting initiatives can make a significant contribution to peace and reconciliation and should therefore continue to be promoted; |
| --- | --- |

12.

Recognises that peace-building is a long-term, evolutionary process and that robust development towards peace and reconciliation takes time; calls for a longer time-frame for individual grants in order to allow projects to make a difference; recognises that not only economic initiatives but also cultural and sporting initiatives can make a significant contribution to peace and reconciliation and should therefore continue to be promoted;

| 13. | Notes that the social economy sector is a sub-sector of the voluntary and community sectors the consultation of which is important in order to develop local strategies and areas; considers that other local businesses are also influential participants; |
| --- | --- |

13.

Notes that the social economy sector is a sub-sector of the voluntary and community sectors the consultation of which is important in order to develop local strategies and areas; considers that other local businesses are also influential participants;

| 14. | Emphasises that development in rural areas requires greater synergies between agricultural, rural and regional development funding and between nature conservation, ecotourism and the production and use of renewable energy than has been the case to date; |
| --- | --- |

14.

Emphasises that development in rural areas requires greater synergies between agricultural, rural and regional development funding and between nature conservation, ecotourism and the production and use of renewable energy than has been the case to date;

| 15. | Emphasises that people should have easy access to information on the success stories of projects funded by PEACE I and PEACE II as well as the IFI; believes that the experience gained from such projects should be shared with those engaged in other international peace-building work; calls, in this connection, for the establishment of a database as a learning tool for peace and reconciliation work at home and abroad; calls, in addition, for every level of participation to be included in the creation of regional and metropolitan networks; |
| --- | --- |

15.

Emphasises that people should have easy access to information on the success stories of projects funded by PEACE I and PEACE II as well as the IFI; believes that the experience gained from such projects should be shared with those engaged in other international peace-building work; calls, in this connection, for the establishment of a database as a learning tool for peace and reconciliation work at home and abroad; calls, in addition, for every level of participation to be included in the creation of regional and metropolitan networks;

| 16. | Recommends that comprehensive strategies be put in place to ensure not only that examples of good-practice are available, but also that they are used at every stage of the project cycle, i.e. project design, implementation, monitoring and evaluation; |
| --- | --- |

16.

Recommends that comprehensive strategies be put in place to ensure not only that examples of good-practice are available, but also that they are used at every stage of the project cycle, i.e. project design, implementation, monitoring and evaluation;

| 17. | Instructs its President to forward this resolution to the Council, the Commission, the Committee of the Regions, the European Economic and Social Committee and the governments and parliaments of the Member States. |
| --- | --- |

17.

Instructs its President to forward this resolution to the Council, the Commission, the Committee of the Regions, the European Economic and Social Committee and the governments and parliaments of the Member States.

---

(1)  OJ L 161, 26.6.1999, p. 1.

(2)  OJ L 193, 31.7.1993, p. 5.

(3)  OJ L 193, 31.7.1993, p. 20.

(4)  OJ L 24, 29.1.2000, p. 7.

(5)  OJ L 341, 17.12.2002, p. 6.

(6)  OJ L 158, 27.6.2003, p. 3.

(7)  OJ L 29, 2.2.2005, p. 3.

(8)  OJ L 30, 3.2.2005, p. 1.

(9)  OJ L 409, 30.12.2006, p. 86.

(10)  OJ L 210, 31.7.2006, p. 19.

(11)  OJ C 146, 25.5.2000, p. 1.

(12)  Reconciliation after Violent Conflict, International IDEA, 2003, Stockholm.

(13)  The EU Programme for Peace and Reconciliation — The impact, SEUPB.

(14)  Support for Victims and Survivors — Addressing the Human legacy, January 2007.

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/5 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/5

---

Trade in raw materials and commodities

P6_TA(2008)0209

European Parliament resolution of 20 May 2008 on trade in raw materials and commodities (2008/2051(INI))

(2009/C 279 E/02)

The European Parliament,

| — | having regard to its resolutions of 3 September 2002 on trade and development for poverty eradication (1), of 30 January 2003 on world hunger and the elimination of barriers to trade with the poorest countries (2), of 10 April 2003 on the crisis in the international coffee market (3), of 1 June 2006 on trade and poverty: designing trade policies to maximise trade's contribution to poverty relief (4), of 15 February 2007 on the macroeconomic impact of the increase in the price of energy (5), of 22 May 2007 on Global Europe — external aspects of competitiveness (6), of 23 May 2007 on the EU's Aid for Trade (7) and of 29 November 2007 on Trade and Climate Change (8), |
| --- | --- |

—

having regard to its resolutions of 3 September 2002 on trade and development for poverty eradication (1), of 30 January 2003 on world hunger and the elimination of barriers to trade with the poorest countries (2), of 10 April 2003 on the crisis in the international coffee market (3), of 1 June 2006 on trade and poverty: designing trade policies to maximise trade's contribution to poverty relief (4), of 15 February 2007 on the macroeconomic impact of the increase in the price of energy (5), of 22 May 2007 on Global Europe — external aspects of competitiveness (6), of 23 May 2007 on the EU's Aid for Trade (7) and of 29 November 2007 on Trade and Climate Change (8),

| — | having regard to the Millennium Declaration of 8 September 2000, which sets out the Millennium Development Goals (MDGs) as criteria established collectively by the international community for the elimination of poverty, and the review and update thereof at the United Nations 2005 World Summit of 14–16 September 2005, |
| --- | --- |

—

having regard to the Millennium Declaration of 8 September 2000, which sets out the Millennium Development Goals (MDGs) as criteria established collectively by the international community for the elimination of poverty, and the review and update thereof at the United Nations 2005 World Summit of 14–16 September 2005,

| — | having regard to the reports of the three working groups of the Intergovernmental Panel on Climate Change (IPCC) entitled ‘Climate change 2007: The Physical Science Basis’, ‘Climate change 2007: Impacts, Adaptation and Vulnerability’ and ‘Climate change 2007: Mitigation of Climate Change’, all published in 2007, |
| --- | --- |

—

having regard to the reports of the three working groups of the Intergovernmental Panel on Climate Change (IPCC) entitled ‘Climate change 2007: The Physical Science Basis’, ‘Climate change 2007: Impacts, Adaptation and Vulnerability’ and ‘Climate change 2007: Mitigation of Climate Change’, all published in 2007,

| — | having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘Agricultural Commodity Chains, Dependence and Poverty — A proposal for an EU Action Plan’ (COM(2004)0089), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘Agricultural Commodity Chains, Dependence and Poverty — A proposal for an EU Action Plan’ (COM(2004)0089),

| — | having regard to the Communications from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled ‘Global Europe: Competing in the world — A contribution to the EU's Growth and Jobs Strategy’ (COM(2006)0567) and ‘Global Europe: A Stronger Partnership to deliver Market Access for European exporters’ (COM(2007)0183), |
| --- | --- |

—

having regard to the Communications from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled ‘Global Europe: Competing in the world — A contribution to the EU's Growth and Jobs Strategy’ (COM(2006)0567) and ‘Global Europe: A Stronger Partnership to deliver Market Access for European exporters’ (COM(2007)0183),

| — | having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘on the Competitiveness of the Metals Industries — A contribution to the EU's Growth and Jobs Strategy’ (COM(2008)0108), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘on the Competitiveness of the Metals Industries — A contribution to the EU's Growth and Jobs Strategy’ (COM(2008)0108),

| — | having regard to the Beijing Declaration and the Platform for Action adopted on 15 September 1995 by the United Nations Fourth World Conference on Women, |
| --- | --- |

—

having regard to the Beijing Declaration and the Platform for Action adopted on 15 September 1995 by the United Nations Fourth World Conference on Women,

| — | having regard to the report by the Food and Agriculture Organization (FAO) entitled ‘Livestock's Long Shadow’, published in 2006, |
| --- | --- |

—

having regard to the report by the Food and Agriculture Organization (FAO) entitled ‘Livestock's Long Shadow’, published in 2006,

| — | having regard to the work of the United Nations Conference on Trade and Development (UNCTAD) and the Accra Accord and Declaration concluded on 25 April 2008 at UNCTAD XII in Accra, Ghana, |
| --- | --- |

—

having regard to the work of the United Nations Conference on Trade and Development (UNCTAD) and the Accra Accord and Declaration concluded on 25 April 2008 at UNCTAD XII in Accra, Ghana,

| — | having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled ‘Thematic Strategy on the Sustainable Use of Natural Resources’, published on the 21st of December 2005 (COM(2005)0670), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled ‘Thematic Strategy on the Sustainable Use of Natural Resources’, published on the 21st of December 2005 (COM(2005)0670),

| — | having regard to the G8 Summit declaration on ‘Growth and responsibility in the world economy’ signed in Heiligendamm on 7 June 2007, in particular to its chapter on ‘Responsibility for raw materials: transparency and sustainable growth’ according to which ‘free, transparent and open markets are fundamental to global growth, stability and sustainable development’, |
| --- | --- |

—

having regard to the G8 Summit declaration on ‘Growth and responsibility in the world economy’ signed in Heiligendamm on 7 June 2007, in particular to its chapter on ‘Responsibility for raw materials: transparency and sustainable growth’ according to which ‘free, transparent and open markets are fundamental to global growth, stability and sustainable development’,

| — | having regard to the Fourth report of the High Level Group on Competitiveness, Energy and the Environment of 11 June 2007 which supports the development of a raw materials policy, built on a well operating free and fair global market for raw materials using trade policy, in particular international multilateral and bilateral agreements, to ensure that EU and third countries support open and undistorted markets, |
| --- | --- |

—

having regard to the Fourth report of the High Level Group on Competitiveness, Energy and the Environment of 11 June 2007 which supports the development of a raw materials policy, built on a well operating free and fair global market for raw materials using trade policy, in particular international multilateral and bilateral agreements, to ensure that EU and third countries support open and undistorted markets,

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on International Trade (A6-0134/2008), |
| --- | --- |

—

having regard to the report of the Committee on International Trade (A6-0134/2008),

| A. | whereas raw materials and commodities should be understood as agricultural food products, agricultural primary commodities, metals, minerals and energy products, which serve as input in the industrial process, whether processed, unprocessed, or recycling products such as scrap, |
| --- | --- |

A.

whereas raw materials and commodities should be understood as agricultural food products, agricultural primary commodities, metals, minerals and energy products, which serve as input in the industrial process, whether processed, unprocessed, or recycling products such as scrap,

| B. | whereas since 2002 the price index for non-fuel commodities has risen by 159 %, metal and mineral prices by 285 % and agricultural raw material prices have increased by 133 %, |
| --- | --- |

B.

whereas since 2002 the price index for non-fuel commodities has risen by 159 %, metal and mineral prices by 285 % and agricultural raw material prices have increased by 133 %,

| C. | whereas the EU economy depends considerably on imports of raw materials from third countries and access to raw materials plays a crucial role in ensuring EU competitiveness, |
| --- | --- |

C.

whereas the EU economy depends considerably on imports of raw materials from third countries and access to raw materials plays a crucial role in ensuring EU competitiveness,

| D. | whereas the recent price increase for raw materials has led to a lack of economic growth in the European Union and threatens EU competitiveness, |
| --- | --- |

D.

whereas the recent price increase for raw materials has led to a lack of economic growth in the European Union and threatens EU competitiveness,

| E. | whereas a further increase in worldwide demand in raw materials in the future is expected; whereas this increase will be due to economic growth in emerging economies, |
| --- | --- |

E.

whereas a further increase in worldwide demand in raw materials in the future is expected; whereas this increase will be due to economic growth in emerging economies,

| F. | whereas in the past the short-term variations in prices of raw materials and commodities have shown extreme volatility and become even worse over time with phases of overproduction being followed by periods of shortages, |
| --- | --- |

F.

whereas in the past the short-term variations in prices of raw materials and commodities have shown extreme volatility and become even worse over time with phases of overproduction being followed by periods of shortages,

| G. | whereas the recent price increases in international markets should not conceal the fact that prices of raw materials and commodities, compared with those of manufactured goods, have been characterised by a long-term downward trend, |
| --- | --- |

G.

whereas the recent price increases in international markets should not conceal the fact that prices of raw materials and commodities, compared with those of manufactured goods, have been characterised by a long-term downward trend,

| H. | whereas these price increases — especially when instituted for industrial purposes by emerging economies — have posed competitiveness challenges to the EU's manufacturing industry and have raised longer term issues related to security of supply of raw materials, |
| --- | --- |

H.

whereas these price increases — especially when instituted for industrial purposes by emerging economies — have posed competitiveness challenges to the EU's manufacturing industry and have raised longer term issues related to security of supply of raw materials,

| I. | whereas 95 of 141 developing countries derive at least 50 % of their export earnings from commodity exports, |
| --- | --- |

I.

whereas 95 of 141 developing countries derive at least 50 % of their export earnings from commodity exports,

| J. | whereas the European Union is a major competitor in international trade in raw materials and commodities not least as a net importer of raw materials, |
| --- | --- |

J.

whereas the European Union is a major competitor in international trade in raw materials and commodities not least as a net importer of raw materials,

| K. | whereas the European Union, due to the characteristics of the European industrial base, is highly dependent on imports of raw materials for its competitiveness and for its economic development, |
| --- | --- |

K.

whereas the European Union, due to the characteristics of the European industrial base, is highly dependent on imports of raw materials for its competitiveness and for its economic development,

| L. | whereas there are many examples of policies and measures introduced by third countries, as well as a trend of creating obstacles to free and fair access to raw materials in emerging countries, which have the effect of limiting access by EU industries to raw materials and commodities, |
| --- | --- |

L.

whereas there are many examples of policies and measures introduced by third countries, as well as a trend of creating obstacles to free and fair access to raw materials in emerging countries, which have the effect of limiting access by EU industries to raw materials and commodities,

| M. | whereas the strengthening of research and innovation plays an important role in encouraging sustainable raw materials supplies, |
| --- | --- |

M.

whereas the strengthening of research and innovation plays an important role in encouraging sustainable raw materials supplies,

| N. | whereas the systems of Stabex, Sysmin and FLEX reflect past and current efforts by the European Union to support developing countries affected by price and income instability, |
| --- | --- |

N.

whereas the systems of Stabex, Sysmin and FLEX reflect past and current efforts by the European Union to support developing countries affected by price and income instability,

| O. | whereas the recent price increases on international markets for raw materials and commodities are due to a significant increase in the demand from emerging economies such as China, India and Brazil, changed weather patterns, some restrictive practices from some exporting countries and a boom in the market of agro fuels, livestock production, as well as stock market speculation, |
| --- | --- |

O.

whereas the recent price increases on international markets for raw materials and commodities are due to a significant increase in the demand from emerging economies such as China, India and Brazil, changed weather patterns, some restrictive practices from some exporting countries and a boom in the market of agro fuels, livestock production, as well as stock market speculation,

| P. | whereas women make up a significant majority of the world's poor who are often dependent on the acquisition, production and transformation of raw materials and commodities for their survival and livelihood, |
| --- | --- |

P.

whereas women make up a significant majority of the world's poor who are often dependent on the acquisition, production and transformation of raw materials and commodities for their survival and livelihood,

| Q. | whereas the international community has stated the need for an international effort to eliminate poverty through the concrete goals set out in the MDGs which ought to be fulfilled before 2015; whereas sufficient attention must be paid to the vital importance of commodity issues for developing countries, |
| --- | --- |

Q.

whereas the international community has stated the need for an international effort to eliminate poverty through the concrete goals set out in the MDGs which ought to be fulfilled before 2015; whereas sufficient attention must be paid to the vital importance of commodity issues for developing countries,

| R. | whereas the sustainable exploitation of natural resources could reduce poverty and foster economic growth if good governance is promoted; whereas weak governance in countries rich in natural resources may also result in poverty, corruption, and conflict, |
| --- | --- |

R.

whereas the sustainable exploitation of natural resources could reduce poverty and foster economic growth if good governance is promoted; whereas weak governance in countries rich in natural resources may also result in poverty, corruption, and conflict,

| S. | whereas the preservation of biodiversity and the availability of cultivated land are essential elements for the future of any economy on earth; whereas any form of extraction of raw materials should keep these imperatives in mind, |
| --- | --- |

S.

whereas the preservation of biodiversity and the availability of cultivated land are essential elements for the future of any economy on earth; whereas any form of extraction of raw materials should keep these imperatives in mind,

| T. | whereas climate change is taking place and is partly caused by human activity; whereas the extraction, production and transformation of raw materials and commodities results in significant emissions of greenhouse gases; whereas EU industry is facing increasing constraints for the purpose of addressing this issue, at the expense of its competitiveness, |
| --- | --- |

T.

whereas climate change is taking place and is partly caused by human activity; whereas the extraction, production and transformation of raw materials and commodities results in significant emissions of greenhouse gases; whereas EU industry is facing increasing constraints for the purpose of addressing this issue, at the expense of its competitiveness,

| U. | whereas the European Union currently does not provide a coherent strategy to face the challenges for the competitiveness of its economy due to enhanced competition in access to raw materials, |
| --- | --- |

U.

whereas the European Union currently does not provide a coherent strategy to face the challenges for the competitiveness of its economy due to enhanced competition in access to raw materials,

| 1. | Urges the Commission and the EU's trade partners to address seriously, in all negotiations for trade agreements, the climate change imperatives of sharply reducing the extraction and exploitation of natural resources and to foster the expansion of energy-saving, renewable and resource-efficient technologies; |
| --- | --- |

1.

Urges the Commission and the EU's trade partners to address seriously, in all negotiations for trade agreements, the climate change imperatives of sharply reducing the extraction and exploitation of natural resources and to foster the expansion of energy-saving, renewable and resource-efficient technologies;

Secure supplies of raw materials for the EU and ensure access to raw materials on world markets

| 2. | Recognises that access to raw materials and commodities is vital for the EU economy, due to its lack of domestic supply of several raw materials; |
| --- | --- |

2.

Recognises that access to raw materials and commodities is vital for the EU economy, due to its lack of domestic supply of several raw materials;

| 3. | Notes with concern the prospects of an increasing demand for raw materials on world markets; is worried about the limits of exploration capacity for the near future; takes note of the limited involvement of European companies in the exploration of raw materials in third countries; |
| --- | --- |

3.

Notes with concern the prospects of an increasing demand for raw materials on world markets; is worried about the limits of exploration capacity for the near future; takes note of the limited involvement of European companies in the exploration of raw materials in third countries;

| 4. | Is concerned about the trend to restrict free access to raw materials in third countries by trade distorting measures; recognises however the right of countries to restrict access to their raw materials for environmental purposes or to address critical shortages of supply when necessary; this right must be exercised in conjunction with other domestic measures; |
| --- | --- |

4.

Is concerned about the trend to restrict free access to raw materials in third countries by trade distorting measures; recognises however the right of countries to restrict access to their raw materials for environmental purposes or to address critical shortages of supply when necessary; this right must be exercised in conjunction with other domestic measures;

| 5. | Is concerned about those investment activities aimed at better access to raw materials which neither comply with standards of fair and free competition nor to the principles of good governance and sustainability; |
| --- | --- |

5.

Is concerned about those investment activities aimed at better access to raw materials which neither comply with standards of fair and free competition nor to the principles of good governance and sustainability;

| 6. | Asks the Commission to promote investment in research and development in technologies for the recycling of raw materials and the efficient and economic use of raw materials; calls on the Commission and the Member States to give more weight to this objective in their research activities; |
| --- | --- |

6.

Asks the Commission to promote investment in research and development in technologies for the recycling of raw materials and the efficient and economic use of raw materials; calls on the Commission and the Member States to give more weight to this objective in their research activities;

| 7. | Urges the Commission to address the issue of free and fair access to raw material markets in the framework of the World Trade Organization (WTO); asks the Commission to pursue actively the objective of multilateral elimination of trade distorting measures in the sector of raw materials, while fully respecting restrictions based on developmental grounds for least developed countries (LDCs); |
| --- | --- |

7.

Urges the Commission to address the issue of free and fair access to raw material markets in the framework of the World Trade Organization (WTO); asks the Commission to pursue actively the objective of multilateral elimination of trade distorting measures in the sector of raw materials, while fully respecting restrictions based on developmental grounds for least developed countries (LDCs);

| 8. | Asks the Commission to negotiate non-discriminatory access to raw material markets in return for access to energy-saving, renewable and resource-efficient technologies in all bilateral negotiations on free trade agreements; sets out the objective of abandoning all trade distorting measures which lead to an increase in the use and consumption of raw materials as an important objective in all possible agreements, while fully respecting developmental goals; |
| --- | --- |

8.

Asks the Commission to negotiate non-discriminatory access to raw material markets in return for access to energy-saving, renewable and resource-efficient technologies in all bilateral negotiations on free trade agreements; sets out the objective of abandoning all trade distorting measures which lead to an increase in the use and consumption of raw materials as an important objective in all possible agreements, while fully respecting developmental goals;

| 9. | Asks the Commission to include the issue of raw materials in the market access strategy; welcomes the consultation on the supply of raw materials; calls on the Commission to draw up a coherent strategy on the supply of raw materials; recalls that Parliament is to be involved in all phases of these activities; |
| --- | --- |

9.

Asks the Commission to include the issue of raw materials in the market access strategy; welcomes the consultation on the supply of raw materials; calls on the Commission to draw up a coherent strategy on the supply of raw materials; recalls that Parliament is to be involved in all phases of these activities;

Making developing countries and in particular LDCs benefit from raw materials

| 10. | Regrets that many developing countries, and in particular LDCs, have been locked into the production and export of raw materials and commodities whose volatile prices have been declining over the long term, constituting a serious impediment to the alleviation of poverty as well as the realisation of the MDGs, but recognises that increasing commodity prices have contributed to significant improvements in the external accounts of some developing countries dependent on primary commodities; underlines the opportunities for the producer countries which lie in the own exploration and management of raw material deposits when fundamental rules of transparency and fair competition are respected; |
| --- | --- |

10.

Regrets that many developing countries, and in particular LDCs, have been locked into the production and export of raw materials and commodities whose volatile prices have been declining over the long term, constituting a serious impediment to the alleviation of poverty as well as the realisation of the MDGs, but recognises that increasing commodity prices have contributed to significant improvements in the external accounts of some developing countries dependent on primary commodities; underlines the opportunities for the producer countries which lie in the own exploration and management of raw material deposits when fundamental rules of transparency and fair competition are respected;

| 11. | Calls on the Commission to seek the effective elimination of the causes of distortions by firmly raising these issues in bilateral consultations and negotiations and to promote the development of new WTO rules at a multilateral level; |
| --- | --- |

11.

Calls on the Commission to seek the effective elimination of the causes of distortions by firmly raising these issues in bilateral consultations and negotiations and to promote the development of new WTO rules at a multilateral level;

| 12. | Supports current efforts in developing countries, and in particular in LDCs, to diversify their economies and develop economic activities at more advanced stages of the production process, in order to include processing and marketing and to enhance the quality, productivity and production of products with a higher degree of value added; urges the Commission to support national commodity development and diversification strategies with support from the European Development Fund when necessary; |
| --- | --- |

12.

Supports current efforts in developing countries, and in particular in LDCs, to diversify their economies and develop economic activities at more advanced stages of the production process, in order to include processing and marketing and to enhance the quality, productivity and production of products with a higher degree of value added; urges the Commission to support national commodity development and diversification strategies with support from the European Development Fund when necessary;

| 13. | Considers the set-up of regional economic frameworks and increased regional cooperation among developing countries to be of the utmost importance for the sustainable economic development of those countries; underlines in this respect the importance of South-South trade for the economic development of those countries; |
| --- | --- |

13.

Considers the set-up of regional economic frameworks and increased regional cooperation among developing countries to be of the utmost importance for the sustainable economic development of those countries; underlines in this respect the importance of South-South trade for the economic development of those countries;

| 14. | Considers that, in the long term, regional economic and trade cooperation should be fostered and could lead to free trade agreements; notes at the same time that in different regional contexts free trade agreements face difficulties; considers that the EuroMed free trade agreement should be a priority given the importance of trade in raw materials in this region; |
| --- | --- |

14.

Considers that, in the long term, regional economic and trade cooperation should be fostered and could lead to free trade agreements; notes at the same time that in different regional contexts free trade agreements face difficulties; considers that the EuroMed free trade agreement should be a priority given the importance of trade in raw materials in this region;

| 15. | Encourages developing countries, and in particular LDCs, to raise the necessary investments and consolidate economic diversification through strengthened infrastructure and institutional capacity building, promoting good governance in managing economic development as well as facilitating access and distribution of products from small scale producers to local markets which would also strengthen regional integration and economies of scale, urges the Commission to use aid-for-trade as an important tool for development as well as strengthen existing mechanisms for transfer of technology, especially as a means to manage climate change; asks the Commission to promote transparency of the revenues stemming from raw materials via programmes like the Extractive Industries Transparency Initiative (EITI) process; |
| --- | --- |

15.

Encourages developing countries, and in particular LDCs, to raise the necessary investments and consolidate economic diversification through strengthened infrastructure and institutional capacity building, promoting good governance in managing economic development as well as facilitating access and distribution of products from small scale producers to local markets which would also strengthen regional integration and economies of scale, urges the Commission to use aid-for-trade as an important tool for development as well as strengthen existing mechanisms for transfer of technology, especially as a means to manage climate change; asks the Commission to promote transparency of the revenues stemming from raw materials via programmes like the Extractive Industries Transparency Initiative (EITI) process;

| 16. | Encourages the Commission and EU companies to promote and invest in the transfer of environmentally friendly technologies; |
| --- | --- |

16.

Encourages the Commission and EU companies to promote and invest in the transfer of environmentally friendly technologies;

| 17. | Considers that the outcome of the Doha Development Agenda should ensure fair, balanced, equitable and market-opening commitments in all raw materials markets; |
| --- | --- |

17.

Considers that the outcome of the Doha Development Agenda should ensure fair, balanced, equitable and market-opening commitments in all raw materials markets;

| 18. | Recognises that the outcome of the Doha Development Agenda negotiations would significantly reduce tariff escalation; notes that the European Union has already phased out its tariffs on agricultural products from the LDCs (through the Everything But Arms initiative) and from many ACP countries (through Economic Partnership Agreements), and supports developing countries in identifying and implementing rules regarding special products and effective safeguard mechanisms for the sustainability of their markets and production; |
| --- | --- |

18.

Recognises that the outcome of the Doha Development Agenda negotiations would significantly reduce tariff escalation; notes that the European Union has already phased out its tariffs on agricultural products from the LDCs (through the Everything But Arms initiative) and from many ACP countries (through Economic Partnership Agreements), and supports developing countries in identifying and implementing rules regarding special products and effective safeguard mechanisms for the sustainability of their markets and production;

| 19. | Asks the European Union's Member States as well as partners around the world, including the emerging economies, to ratify core International Labour Organization labour standards and relevant Organization for Economic Cooperation and Development guidelines, especially regarding the exploration and refining of raw materials; believes that the involvement of civil society and national parliaments is crucial to achieve environmental and socio-economic sustainable development; |
| --- | --- |

19.

Asks the European Union's Member States as well as partners around the world, including the emerging economies, to ratify core International Labour Organization labour standards and relevant Organization for Economic Cooperation and Development guidelines, especially regarding the exploration and refining of raw materials; believes that the involvement of civil society and national parliaments is crucial to achieve environmental and socio-economic sustainable development;

| 20. | Acknowledges that speculation plays a significant role in the setting of prices of raw materials and commodities with increased volatility as a consequence; |
| --- | --- |

20.

Acknowledges that speculation plays a significant role in the setting of prices of raw materials and commodities with increased volatility as a consequence;

| 21. | Calls on the Commission to implement a comprehensive and balanced strategy in the field of access to raw materials taking into account the interests of EU industry and developing countries; |
| --- | --- |

21.

Calls on the Commission to implement a comprehensive and balanced strategy in the field of access to raw materials taking into account the interests of EU industry and developing countries;

| 22. | Calls on the Commission to review its compensatory finance scheme, FLEX, to ensure it is responsive and effective in supporting developing countries and in particular LDCs; believes that there is a need for relevant measures to be taken at national level in order to support the work being done by UNCTAD; |
| --- | --- |

22.

Calls on the Commission to review its compensatory finance scheme, FLEX, to ensure it is responsive and effective in supporting developing countries and in particular LDCs; believes that there is a need for relevant measures to be taken at national level in order to support the work being done by UNCTAD;

| 23. | Calls on the Commission to collect data and generate statistics on international trade in raw materials and commodities that takes place in real terms; believes that there is a need to get a clear picture of global trade flows in commodities and raw materials not falsified by purely speculative transactions in order to better target economic policy measures; |
| --- | --- |

23.

Calls on the Commission to collect data and generate statistics on international trade in raw materials and commodities that takes place in real terms; believes that there is a need to get a clear picture of global trade flows in commodities and raw materials not falsified by purely speculative transactions in order to better target economic policy measures;

| 24. | Recognises that liberalisation of trade in agricultural food products and agricultural primary commodities has exposed small scale farmers in developing countries and in particular in LDCs to many new challenges. As small scale farmers are largely comprised of women, this can have a disproportionately negative effect on them if they are not able to cope with external competition; |
| --- | --- |

24.

Recognises that liberalisation of trade in agricultural food products and agricultural primary commodities has exposed small scale farmers in developing countries and in particular in LDCs to many new challenges. As small scale farmers are largely comprised of women, this can have a disproportionately negative effect on them if they are not able to cope with external competition;

| 25. | Stresses the fundamental nature of the right to food and the need to improve access by all people at all times to enough food for an active, healthy life; |
| --- | --- |

25.

Stresses the fundamental nature of the right to food and the need to improve access by all people at all times to enough food for an active, healthy life;

| 26. | Strongly recommends, therefore, that all necessary measures are taken on a European and international scale in order to ensure moderate prices as an immediate way out of the food crisis; in the longer run, the creation of adequate regulation to better deal with speculative activities is needed; recommends in addition the examination of the powers and competences of national and international supervisory bodies in the field of food commodities in order to ensure that stable and secure markets are guaranteed in the future, and that speculation does not violate the right to food; |
| --- | --- |

26.

Strongly recommends, therefore, that all necessary measures are taken on a European and international scale in order to ensure moderate prices as an immediate way out of the food crisis; in the longer run, the creation of adequate regulation to better deal with speculative activities is needed; recommends in addition the examination of the powers and competences of national and international supervisory bodies in the field of food commodities in order to ensure that stable and secure markets are guaranteed in the future, and that speculation does not violate the right to food;

| 27. | Welcomes the establishment of the UN high-powered task force, which addresses the current food crisis and its impact on poverty; encourages world leaders to participate at the High-Level Conference on World Food Security to be held in Rome (3-5 June 2008); |
| --- | --- |

27.

Welcomes the establishment of the UN high-powered task force, which addresses the current food crisis and its impact on poverty; encourages world leaders to participate at the High-Level Conference on World Food Security to be held in Rome (3-5 June 2008);

| 28. | Supports developing countries in their endeavours to secure access to food for the local populations; believes that viable policy space must be further strengthened to enable national rules and measures for the development of this sector, as well as support women who carry the main responsibility for feeding their families and the local communities; |
| --- | --- |

28.

Supports developing countries in their endeavours to secure access to food for the local populations; believes that viable policy space must be further strengthened to enable national rules and measures for the development of this sector, as well as support women who carry the main responsibility for feeding their families and the local communities;

| 29. | Acknowledges that increased prices of agricultural food products and commodities can have detrimental effects on food security and the actual access to food in developing countries, with a risk of hunger, malnutrition or food riots among the poorest people in developing countries; urgently demands increased levels of humanitarian aid to alleviate the food crisis which is threatening the lives of 100 million persons; |
| --- | --- |

29.

Acknowledges that increased prices of agricultural food products and commodities can have detrimental effects on food security and the actual access to food in developing countries, with a risk of hunger, malnutrition or food riots among the poorest people in developing countries; urgently demands increased levels of humanitarian aid to alleviate the food crisis which is threatening the lives of 100 million persons;

| 30. | Calls on the Council and the Commission to ensure that multilateral, regional and bilateral trade agreements signed by the European Union are in accordance with the objective of sustainable development; calls on the Commission to take the necessary legislative measures to ensure the integration of its trade Sustainable Impact Assessments in developing the EU's trade policy, in particular from a climate, gender and sustainable development perspective; |
| --- | --- |

30.

Calls on the Council and the Commission to ensure that multilateral, regional and bilateral trade agreements signed by the European Union are in accordance with the objective of sustainable development; calls on the Commission to take the necessary legislative measures to ensure the integration of its trade Sustainable Impact Assessments in developing the EU's trade policy, in particular from a climate, gender and sustainable development perspective;

| 31. | Welcomes the Commission's announcement to present a Communication in 2008 aimed at improving conditions of sustainable access to minerals and secondary raw materials at EU and international level; |
| --- | --- |

31.

Welcomes the Commission's announcement to present a Communication in 2008 aimed at improving conditions of sustainable access to minerals and secondary raw materials at EU and international level;

| 32. | Takes note of the increased criticism regarding the economic and environmental benefits of agro fuel production; calls on the Commission to stimulate research and innovation on sustainable raw material supply through efficient resource extraction and development, material use and recovery of end of life; |
| --- | --- |

32.

Takes note of the increased criticism regarding the economic and environmental benefits of agro fuel production; calls on the Commission to stimulate research and innovation on sustainable raw material supply through efficient resource extraction and development, material use and recovery of end of life;

| 33. | Believes that the extraction, gathering and production of raw materials and commodities should be done in accordance with the principle of sustainability, which respects the natural processes of the ecosystems instead of altering them; |
| --- | --- |

33.

Believes that the extraction, gathering and production of raw materials and commodities should be done in accordance with the principle of sustainability, which respects the natural processes of the ecosystems instead of altering them;

| 34. | Urges the Commission to step up its efforts to obtain an international agreement on conflict resources whose primary objective would be to prohibit all trade in resources fuelling or resulting from armed conflicts, insists in the meantime on the development of a regulation prohibiting the trading and marketing of conflict resources in the European Union and urges all countries involved in the diamond trade to subscribe fully to the Kimberley certification scheme for international trade in rough diamonds; calls for the promotion of transparency via the EITI and other initiatives; |
| --- | --- |

34.

Urges the Commission to step up its efforts to obtain an international agreement on conflict resources whose primary objective would be to prohibit all trade in resources fuelling or resulting from armed conflicts, insists in the meantime on the development of a regulation prohibiting the trading and marketing of conflict resources in the European Union and urges all countries involved in the diamond trade to subscribe fully to the Kimberley certification scheme for international trade in rough diamonds; calls for the promotion of transparency via the EITI and other initiatives;

| 35. | Renews its call on the Council and the Commission to promote Fair Trade, and other independently monitored trading initiatives contributing to raising social and environmental standards in supporting small and marginalised producers in developing countries, encourages public authorities in the European Union to integrate Fair Trade and sustainability criteria into their public tenders and purchasing policies; |
| --- | --- |

35.

Renews its call on the Council and the Commission to promote Fair Trade, and other independently monitored trading initiatives contributing to raising social and environmental standards in supporting small and marginalised producers in developing countries, encourages public authorities in the European Union to integrate Fair Trade and sustainability criteria into their public tenders and purchasing policies;

| 36. | Is concerned that a growing proportion of the earth's resources are used for livestock raising; recalls the abovementioned FAO report ‘Livestock's Long Shadow’ from November 2006 which estimates that the meat industry and livestock raising contribute 18 % to the world's total greenhouse gas emissions, which also accelerate deforestation in developing countries; calls on the Commission to take the necessary action within this sector as well as to establish incentive mechanisms to avoid deforestation within the framework of international climate negotiations; |
| --- | --- |

36.

Is concerned that a growing proportion of the earth's resources are used for livestock raising; recalls the abovementioned FAO report ‘Livestock's Long Shadow’ from November 2006 which estimates that the meat industry and livestock raising contribute 18 % to the world's total greenhouse gas emissions, which also accelerate deforestation in developing countries; calls on the Commission to take the necessary action within this sector as well as to establish incentive mechanisms to avoid deforestation within the framework of international climate negotiations;

| 37. | Believes that the EITI, which aims to strengthen governance by improving transparency and accountability in the extractives sector should be implemented world wide, in order to provide better opportunities for developing countries to receive the equivalent value of their natural resources; |
| --- | --- |

37.

Believes that the EITI, which aims to strengthen governance by improving transparency and accountability in the extractives sector should be implemented world wide, in order to provide better opportunities for developing countries to receive the equivalent value of their natural resources;

| 38. | Stresses that high oil prices reinforce the need for an urgent and different approach in energy policy aiming at improving energy efficiency and increasing use of other energy sources, including renewable energy; |
| --- | --- |

38.

Stresses that high oil prices reinforce the need for an urgent and different approach in energy policy aiming at improving energy efficiency and increasing use of other energy sources, including renewable energy;

| 39. | Realises that climate change will hit hardest the communities that already face significant social and economic problems; understands that especially women are a particularly vulnerable group; encourages efforts to adapt at local level through relevant financial and technical international support; |
| --- | --- |

39.

Realises that climate change will hit hardest the communities that already face significant social and economic problems; understands that especially women are a particularly vulnerable group; encourages efforts to adapt at local level through relevant financial and technical international support;

| 40. | Is concerned that China does not allow foreign companies to have a majority stake in sectors such as steel and has introduced a variety of mechanisms that restrict the export of metals raw materials or provide governmental support for buying them from external sources; recognises that such practices create serious difficulties for EU industry interests in respecting climate change goals and exporting energy-saving, renewable and resource-efficient technologies, and that this must be tackled using all available instruments, including through the facilitation of technology transfer both politically and financially; |
| --- | --- |

40.

Is concerned that China does not allow foreign companies to have a majority stake in sectors such as steel and has introduced a variety of mechanisms that restrict the export of metals raw materials or provide governmental support for buying them from external sources; recognises that such practices create serious difficulties for EU industry interests in respecting climate change goals and exporting energy-saving, renewable and resource-efficient technologies, and that this must be tackled using all available instruments, including through the facilitation of technology transfer both politically and financially;

| 41. | Points out that the new trading policy of some emerging countries, especially China, for raw materials worldwide, in particular in Africa, is having a major and negative impact on global security of access to commodities; stresses the need to overcome the current approach based on one-to-one relations between states and neglecting references to human rights, corporate social responsibility and environmental and social standards, in favour of a multilateral approach based on the criteria of sufficiency and sustainability of resource use; |
| --- | --- |

41.

Points out that the new trading policy of some emerging countries, especially China, for raw materials worldwide, in particular in Africa, is having a major and negative impact on global security of access to commodities; stresses the need to overcome the current approach based on one-to-one relations between states and neglecting references to human rights, corporate social responsibility and environmental and social standards, in favour of a multilateral approach based on the criteria of sufficiency and sustainability of resource use;

| 42. | Welcomes the Commission's initiative to continue to use all existing instruments to address trade practices in violation of international trade agreements as announced in its abovementioned Communication on the Competitiveness of the Metals Industries; |
| --- | --- |

42.

Welcomes the Commission's initiative to continue to use all existing instruments to address trade practices in violation of international trade agreements as announced in its abovementioned Communication on the Competitiveness of the Metals Industries;

*

- *

| 43. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and relevant international organisations such as UNCTAD, the WTO, the World Bank, the Common Fund for Commodities (CFC) and the FAO. |
| --- | --- |

43.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and relevant international organisations such as UNCTAD, the WTO, the World Bank, the Common Fund for Commodities (CFC) and the FAO.

---

(1)  OJ C 272 E, 13.11.2003, p. 277.

(2)  OJ C 39 E, 13.2.2004, p. 79.

(3)  OJ C 64 E, 12.3.2004, p. 607.

(4)  OJ C 298 E, 8.12.2006, p. 261.

(5)  OJ C 287 E, 29.11.2007, p. 548.

(6)  OJ C 102 E, 24.4.2008, p. 128.

(7)  OJ C 102 E, 24.4.2008, p. 291.

(8)  Texts Adopted, P6_TA(2007)0576.

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| 19.11.2009 | EN | Official Journal of the European Union | CE 279/12 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/12

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Outermost regions

P6_TA(2008)0210

European Parliament resolution of 20 May 2008 on the strategy for the outermost regions: achievements and future prospects (2008/2010(INI))

(2009/C 279 E/03)

The European Parliament,

| — | having regard to the communication from the Commission of 12 September 2007, ‘Strategy for the outermost regions: achievements and future prospects’ (COM(2007)0507) and the communications of 12 May 2004 (COM(2004)0343) and 23 August 2004 (COM(2004)0543) on a stronger partnership for the outermost regions, |
| --- | --- |

—

having regard to the communication from the Commission of 12 September 2007, ‘Strategy for the outermost regions: achievements and future prospects’ (COM(2007)0507) and the communications of 12 May 2004 (COM(2004)0343) and 23 August 2004 (COM(2004)0543) on a stronger partnership for the outermost regions,

| — | having regard to Article 299(2) of the EC Treaty, which will be replaced by Articles 349 and 355 of the Treaty on the Functioning of the European Union following the entry into force of the Treaty of Lisbon, concerning the special characteristics of the outermost regions, and Article 107(3)(a) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 299(2) of the EC Treaty, which will be replaced by Articles 349 and 355 of the Treaty on the Functioning of the European Union following the entry into force of the Treaty of Lisbon, concerning the special characteristics of the outermost regions, and Article 107(3)(a) of the Treaty on the Functioning of the European Union,

| — | having regard to paragraph 60 of the Presidency conclusions of the European Council in Brussels on 14 December 2007, |
| --- | --- |

—

having regard to paragraph 60 of the Presidency conclusions of the European Council in Brussels on 14 December 2007,

| — | having regard to the final declaration of the Thirteenth Conference of Presidents of the Outermost Regions in Madeira on 5 October 2007, |
| --- | --- |

—

having regard to the final declaration of the Thirteenth Conference of Presidents of the Outermost Regions in Madeira on 5 October 2007,

| — | having regard to its resolution of 25 October 2000 on the measures to implement Article 299(2): the outermost regions of the European Union (1), its resolution of 7 July 2005 on the proposal for a Council regulation laying down specific measures for agriculture in the outermost regions of the Union (2) and its resolution of 28 September 2005 on a stronger partnership for the outermost regions (3), |
| --- | --- |

—

having regard to its resolution of 25 October 2000 on the measures to implement Article 299(2): the outermost regions of the European Union (1), its resolution of 7 July 2005 on the proposal for a Council regulation laying down specific measures for agriculture in the outermost regions of the Union (2) and its resolution of 28 September 2005 on a stronger partnership for the outermost regions (3),

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Development and the opinion of the Committee on Fisheries (A6-0158/2008), |
| --- | --- |

—

having regard to the report of the Committee on Regional Development and the opinion of the Committee on Fisheries (A6-0158/2008),

| A. | whereas the Azores, the Canaries, Guadeloupe, Guyana, Madeira, Martinique and Reunion are characterised by a combination of permanent and severe handicaps, including their remoteness from the European mainland, their insularity or inaccessibility, their difficult topography and climate and the smallness of their markets, |
| --- | --- |

A.

whereas the Azores, the Canaries, Guadeloupe, Guyana, Madeira, Martinique and Reunion are characterised by a combination of permanent and severe handicaps, including their remoteness from the European mainland, their insularity or inaccessibility, their difficult topography and climate and the smallness of their markets,

| B. | whereas Saint-Martin and Saint Barthélemy, which are administratively and politically separate from Guadeloupe, are named as new outermost regions (ORs) in Articles 349 and 355 of the Treaty on the Functioning of the European Union (EC Treaty, as amended by the Treaty of Lisbon), |
| --- | --- |

B.

whereas Saint-Martin and Saint Barthélemy, which are administratively and politically separate from Guadeloupe, are named as new outermost regions (ORs) in Articles 349 and 355 of the Treaty on the Functioning of the European Union (EC Treaty, as amended by the Treaty of Lisbon),

| C. | having regard to the structure of the economies of the outermost regions, marked by close links with agriculture and fisheries, which, together with services (particularly tourism), are economic activities which account for a very large number of jobs in these regions, |
| --- | --- |

C.

having regard to the structure of the economies of the outermost regions, marked by close links with agriculture and fisheries, which, together with services (particularly tourism), are economic activities which account for a very large number of jobs in these regions,

| D. | having regard to the ORs' dependent situation, in social and economic terms, with regard to the fish stocks in their Exclusive Economic Zones (EEZs) and to the biological vulnerability of their fishing zones, |
| --- | --- |

D.

having regard to the ORs' dependent situation, in social and economic terms, with regard to the fish stocks in their Exclusive Economic Zones (EEZs) and to the biological vulnerability of their fishing zones,

| E. | whereas the immediate geographical environment of the outermost regions offers very limited market opportunities, while the markets of these regions are highly attractive to all neighbouring third countries, |
| --- | --- |

E.

whereas the immediate geographical environment of the outermost regions offers very limited market opportunities, while the markets of these regions are highly attractive to all neighbouring third countries,

| F. | whereas the ORs are totally dependent on transport links and whereas the additional costs relating to the transport of persons and goods, inadequate services in terms of frequency or coverage, high fares, and the difficulties in setting up or maintaining regional transport services are major obstacles in the way of the economic development and accessibility of ORs, |
| --- | --- |

F.

whereas the ORs are totally dependent on transport links and whereas the additional costs relating to the transport of persons and goods, inadequate services in terms of frequency or coverage, high fares, and the difficulties in setting up or maintaining regional transport services are major obstacles in the way of the economic development and accessibility of ORs,

| G. | whereas, during the last three years, the ORs have been directly affected by major Community reforms, including the financial perspective, regional policy 2007-2013, the European Fisheries Fund, the European Agricultural Fund for Rural Development, State aids, the Common Organisation of the Markets in sugar and bananas and the Specific Options for Remoteness and Insularity Programme, and whereas these changes have frequently had serious effects on these regions, |
| --- | --- |

G.

whereas, during the last three years, the ORs have been directly affected by major Community reforms, including the financial perspective, regional policy 2007-2013, the European Fisheries Fund, the European Agricultural Fund for Rural Development, State aids, the Common Organisation of the Markets in sugar and bananas and the Specific Options for Remoteness and Insularity Programme, and whereas these changes have frequently had serious effects on these regions,

| H. | whereas the Union's political priorities, which must remain consistent with the ever more binding international commitments dictated by globalisation, particularly within the WTO, frequently run counter to the specific measures taken to assist the ORs, |
| --- | --- |

H.

whereas the Union's political priorities, which must remain consistent with the ever more binding international commitments dictated by globalisation, particularly within the WTO, frequently run counter to the specific measures taken to assist the ORs,

| I. | whereas the relative influence of the ORs has declined substantially in a Union that has grown from 12 to 27 Member States, |
| --- | --- |

I.

whereas the relative influence of the ORs has declined substantially in a Union that has grown from 12 to 27 Member States,

| J. | whereas the image of ORs, often seen as regions subsidised by Community or regional funds, without consideration for the positive impact of such funding, is hardly offset by the genuine added value they contribute to the Union in environmental, cultural and geostrategic terms and as regards space research, which is not immediately visible, |
| --- | --- |

J.

whereas the image of ORs, often seen as regions subsidised by Community or regional funds, without consideration for the positive impact of such funding, is hardly offset by the genuine added value they contribute to the Union in environmental, cultural and geostrategic terms and as regards space research, which is not immediately visible,

| K. | whereas the ORs are vital footholds for Europe in the heart of the Caribbean, in the neighbourhood of the Mercosur countries, and off the coast of Africa in the Indian and Atlantic Oceans, making the Union one of the world's largest maritime areas, with EEZs totalling 25 million km2, containing a wealth of resources of all kinds, |
| --- | --- |

K.

whereas the ORs are vital footholds for Europe in the heart of the Caribbean, in the neighbourhood of the Mercosur countries, and off the coast of Africa in the Indian and Atlantic Oceans, making the Union one of the world's largest maritime areas, with EEZs totalling 25 million km2, containing a wealth of resources of all kinds,

Achievements of the stronger partnership for the ORs

| 1. | Welcomes the fact that, three years after the publication of the highly ambitious political positions contained in the aforementioned communications on a ‘stronger partnership for the outermost regions’, the Commission is now submitting a fresh communication on this subject; |
| --- | --- |

1.

Welcomes the fact that, three years after the publication of the highly ambitious political positions contained in the aforementioned communications on a ‘stronger partnership for the outermost regions’, the Commission is now submitting a fresh communication on this subject;

| 2. | Calls for the ORs unit in DG Regional Policy at the Commission to be maintained and its staff considerably strengthened in order to provide it with the resources necessary to fulfil its tasks, given the wide range of sectors involved and the complexity of the policies concerned; |
| --- | --- |

2.

Calls for the ORs unit in DG Regional Policy at the Commission to be maintained and its staff considerably strengthened in order to provide it with the resources necessary to fulfil its tasks, given the wide range of sectors involved and the complexity of the policies concerned;

| 3. | Notes that the communication offers a particularly favourable assessment of the action taken by the Commission, even though many of the measures it prides itself on only partly address the needs of the ORs (particularly in the fields of transport and accessibility, research, fisheries and regional cooperation) and no reference is made to the problems encountered and efforts made by the ORs, for example, in connection with the renewal of State aid schemes; |
| --- | --- |

3.

Notes that the communication offers a particularly favourable assessment of the action taken by the Commission, even though many of the measures it prides itself on only partly address the needs of the ORs (particularly in the fields of transport and accessibility, research, fisheries and regional cooperation) and no reference is made to the problems encountered and efforts made by the ORs, for example, in connection with the renewal of State aid schemes;

| 4. | Notes that Structural Fund intervention continues to play a major role in the development of the ORs; nevertheless, would like see indicators other than merely GDP as compared with the Community average being used to measure the degree of cohesion achieved and cohesion policy being better coordinated with other Community policies across the board, so as to enhance synergies; calls on the Commission to display greater flexibility and adapt its current and future policies more effectively to the realities of the situation of the ORs, on the basis of Article 299(2) of the EC Treaty; |
| --- | --- |

4.

Notes that Structural Fund intervention continues to play a major role in the development of the ORs; nevertheless, would like see indicators other than merely GDP as compared with the Community average being used to measure the degree of cohesion achieved and cohesion policy being better coordinated with other Community policies across the board, so as to enhance synergies; calls on the Commission to display greater flexibility and adapt its current and future policies more effectively to the realities of the situation of the ORs, on the basis of Article 299(2) of the EC Treaty;

| 5. | Notes the satisfactory results obtained under the POSEI programme (agriculture and fisheries) and in the sugar cane, rum and bananas sectors; wishes to see proper consideration given to the financial impact which the ongoing international negotiations and the measures undertaken at the WTO may have on these agricultural sectors; will closely monitor the forthcoming mid-term review of POSEI and the assessment of differentiated tax regimes; |
| --- | --- |

5.

Notes the satisfactory results obtained under the POSEI programme (agriculture and fisheries) and in the sugar cane, rum and bananas sectors; wishes to see proper consideration given to the financial impact which the ongoing international negotiations and the measures undertaken at the WTO may have on these agricultural sectors; will closely monitor the forthcoming mid-term review of POSEI and the assessment of differentiated tax regimes;

| 6. | Maintains that the specific characteristics of the outermost regions call for a strategy based on policies and measures that are not dependent on transitional criteria or circumstantial wealth trends, are adapted to the different needs of each of those regions and contribute to offering solutions for the permanent constraints to which they are subject; |
| --- | --- |

6.

Maintains that the specific characteristics of the outermost regions call for a strategy based on policies and measures that are not dependent on transitional criteria or circumstantial wealth trends, are adapted to the different needs of each of those regions and contribute to offering solutions for the permanent constraints to which they are subject;

| 7. | Calls on the Commission, recognising the specific characteristics of and differences between ORs, on the one hand, and considering their role in the EU's integrated maritime policy, on the other, to include in its plan support measures for the fishing industries in these regions; considers that the Commission must ensure positive discrimination for the ORs' fleets in terms of access to their own fish stocks, and also, specifically, safeguard the sustainability of traditional fisheries; |
| --- | --- |

7.

Calls on the Commission, recognising the specific characteristics of and differences between ORs, on the one hand, and considering their role in the EU's integrated maritime policy, on the other, to include in its plan support measures for the fishing industries in these regions; considers that the Commission must ensure positive discrimination for the ORs' fleets in terms of access to their own fish stocks, and also, specifically, safeguard the sustainability of traditional fisheries;

Fruition stage of the stronger partnership for the ORs

| 8. | Regrets that the proposals put forward by the Commission for the fruition of the partnership mostly concern measures which already exist or are being finalised (the European Transport Network, the European Energy Network, the Seventh Framework Programme for research, development and demonstration activities, the Framework Programme on Innovation and Competitiveness, regional policy); awaits clarification of the specific operational resources to be given to the ORs to develop these opportunities; |
| --- | --- |

8.

Regrets that the proposals put forward by the Commission for the fruition of the partnership mostly concern measures which already exist or are being finalised (the European Transport Network, the European Energy Network, the Seventh Framework Programme for research, development and demonstration activities, the Framework Programme on Innovation and Competitiveness, regional policy); awaits clarification of the specific operational resources to be given to the ORs to develop these opportunities;

| 9. | Is concerned at the ever-increasing importance placed by the Commission on tools for assessing Community policies and instruments to assist the ORs, and to estimating the quantitative effects of the handicaps faced by these regions with a view to devising a methodology for offsetting the additional costs linked to their outermost status; |
| --- | --- |

9.

Is concerned at the ever-increasing importance placed by the Commission on tools for assessing Community policies and instruments to assist the ORs, and to estimating the quantitative effects of the handicaps faced by these regions with a view to devising a methodology for offsetting the additional costs linked to their outermost status;

| 10. | Hopes that this tendency to take into account increasingly mathematical justifications for the measures taken will not serve as a pretext for calling into question part of the Union's policy to assist the ORs nor deter institutional and economic actors in the outermost regions by imposing conditions on them which are too difficult to meet; |
| --- | --- |

10.

Hopes that this tendency to take into account increasingly mathematical justifications for the measures taken will not serve as a pretext for calling into question part of the Union's policy to assist the ORs nor deter institutional and economic actors in the outermost regions by imposing conditions on them which are too difficult to meet;

| 11. | Regrets the initial reluctance shown by DG Trade to take into account the specific characteristics of the outermost regions when negotiating Economic Partnership Agreements (EPAs) and urges the Commission to continue to seek compromises that respect the interests of the ORs concerned, when it comes to reaching final agreements with the ACP countries; |
| --- | --- |

11.

Regrets the initial reluctance shown by DG Trade to take into account the specific characteristics of the outermost regions when negotiating Economic Partnership Agreements (EPAs) and urges the Commission to continue to seek compromises that respect the interests of the ORs concerned, when it comes to reaching final agreements with the ACP countries;

| 12. | Calls on the Commission to provide evidence that it genuinely intends to promote the regional integration of the ORs so as to give real substance to the Wider Neighbourhood Action Plan it promised in 2004; |
| --- | --- |

12.

Calls on the Commission to provide evidence that it genuinely intends to promote the regional integration of the ORs so as to give real substance to the Wider Neighbourhood Action Plan it promised in 2004;

| 13. | Is concerned at some of the measures proposed by the Commission in the transport sector, particularly the assessment of specific needs and the taking into account of environmental externalities; reiterates the need for the ORs to be given differential treatment in this area, particularly as regards the inclusion of civil aviation in the Emission Trading Scheme (ETS) system, so as not to jeopardise the efforts made to overcome their accessibility deficit; |
| --- | --- |

13.

Is concerned at some of the measures proposed by the Commission in the transport sector, particularly the assessment of specific needs and the taking into account of environmental externalities; reiterates the need for the ORs to be given differential treatment in this area, particularly as regards the inclusion of civil aviation in the Emission Trading Scheme (ETS) system, so as not to jeopardise the efforts made to overcome their accessibility deficit;

| 14. | Considers that Community actions should be a catalyst for a spirit of enterprise that will, including on the basis of public/private partnerships, transform the ORs into centres of excellence, driven by sectors which fully exploit their advantages and know-how, such as waste management, renewable energies, energy self-sufficiency, biodiversity, student mobility, research into climate change and crisis management; |
| --- | --- |

14.

Considers that Community actions should be a catalyst for a spirit of enterprise that will, including on the basis of public/private partnerships, transform the ORs into centres of excellence, driven by sectors which fully exploit their advantages and know-how, such as waste management, renewable energies, energy self-sufficiency, biodiversity, student mobility, research into climate change and crisis management;

| 15. | Points out that many actions and programmes to be pursued and initiated for the ORs can make significant contributions to established Community and international priorities, in particular as regards climate change, the protection of biodiversity, renewable energies, health in developing countries, food supplies and diversification of economic and productive activities; welcomes the implementation of the NET-BIOME programme (NETworking tropical and subtropical Biodiversity research in OuterMost regions and territories of Europe) in particular, which is a significant example of the ORs' potential in the field of scientific research; wonders, however, about the fact that, despite the quantity of projects conducted and the extent of the OR's potential, the ORs' integration in the European Research Area is still limited; |
| --- | --- |

15.

Points out that many actions and programmes to be pursued and initiated for the ORs can make significant contributions to established Community and international priorities, in particular as regards climate change, the protection of biodiversity, renewable energies, health in developing countries, food supplies and diversification of economic and productive activities; welcomes the implementation of the NET-BIOME programme (NETworking tropical and subtropical Biodiversity research in OuterMost regions and territories of Europe) in particular, which is a significant example of the ORs' potential in the field of scientific research; wonders, however, about the fact that, despite the quantity of projects conducted and the extent of the OR's potential, the ORs' integration in the European Research Area is still limited;

| 16. | Calls for the efforts made to date concerning the ORs to be pursued in order both to step up the establishment of local research facilities that are equal to their potential and to encourage and help the development of attractive, successful universities, with genuine resources and with standards equal to those of universities in other parts of the Union's territory; |
| --- | --- |

16.

Calls for the efforts made to date concerning the ORs to be pursued in order both to step up the establishment of local research facilities that are equal to their potential and to encourage and help the development of attractive, successful universities, with genuine resources and with standards equal to those of universities in other parts of the Union's territory;

Debate on the future of the Union's strategy for the ORs

| 17. | Commends the Commission on its initiative in opening a debate on the future of the strategy to assist the outermost regions, in the form of a public consultation, the results of which will serve as the basis for drawing up a new proposal by 2009; |
| --- | --- |

17.

Commends the Commission on its initiative in opening a debate on the future of the strategy to assist the outermost regions, in the form of a public consultation, the results of which will serve as the basis for drawing up a new proposal by 2009;

| 18. | Stresses, nevertheless, that this debate should not be confined to the challenges mentioned (climate change, demographic change and migration management, agriculture, maritime policy) even though these topics clearly cannot be ignored, and considers that the debate should necessarily include Lisbon strategy implementation as regards the ORs; |
| --- | --- |

18.

Stresses, nevertheless, that this debate should not be confined to the challenges mentioned (climate change, demographic change and migration management, agriculture, maritime policy) even though these topics clearly cannot be ignored, and considers that the debate should necessarily include Lisbon strategy implementation as regards the ORs;

| 19. | Urges that the scope of Article 299(2) of the EC Treaty (in due course Articles 349 and 355 of the Treaty on the Functioning of the European Union), which is the cornerstone of the Union's policy to assist ORs and the basis for the approach taken to these regions by the Commission's services, should be included on the agenda for the debates so as to give them the legal, institutional and political substance they merit; |
| --- | --- |

19.

Urges that the scope of Article 299(2) of the EC Treaty (in due course Articles 349 and 355 of the Treaty on the Functioning of the European Union), which is the cornerstone of the Union's policy to assist ORs and the basis for the approach taken to these regions by the Commission's services, should be included on the agenda for the debates so as to give them the legal, institutional and political substance they merit;

| 20. | Stresses the importance of public services for economic, social and territorial cohesion in the outermost regions, in such areas as air and sea transport, postal services, energy and communications; |
| --- | --- |

20.

Stresses the importance of public services for economic, social and territorial cohesion in the outermost regions, in such areas as air and sea transport, postal services, energy and communications;

| 21. | Believes there is an urgent need to adopt measures aimed at combating endemic unemployment, poverty and unequal income distribution in the ORs, which have some of the worst rates in the Union; |
| --- | --- |

21.

Believes there is an urgent need to adopt measures aimed at combating endemic unemployment, poverty and unequal income distribution in the ORs, which have some of the worst rates in the Union;

| 22. | Calls on the Commission to assist any Member States planning to implement the ‘passerelle’ clause in Article 355(6) of the Treaty on the Functioning of the European Union; |
| --- | --- |

22.

Calls on the Commission to assist any Member States planning to implement the ‘passerelle’ clause in Article 355(6) of the Treaty on the Functioning of the European Union;

| 23. | Believes that the ORs provide the Union with an opportunity in its current reflection on climate distortion with regard to trend observation, damage prevention, disaster response and the protection of ecosystems; calls, in this connection, on the Council to adopt without delay the proposal for a regulation of the European Parliament and of the Council establishing the European Union Solidarity Fund, which is specifically aimed at the special position of outermost regions; believes also that the Commission's proposals to strengthen the Union's disaster response capacity should make full use of expertise relating to the geographical location of these regions; |
| --- | --- |

23.

Believes that the ORs provide the Union with an opportunity in its current reflection on climate distortion with regard to trend observation, damage prevention, disaster response and the protection of ecosystems; calls, in this connection, on the Council to adopt without delay the proposal for a regulation of the European Parliament and of the Council establishing the European Union Solidarity Fund, which is specifically aimed at the special position of outermost regions; believes also that the Commission's proposals to strengthen the Union's disaster response capacity should make full use of expertise relating to the geographical location of these regions;

| 24. | Believes that the future common immigration policy should devote special attention to the position of ORs, which are all EU external borders, are surrounded by less-favoured third countries and are subject to very strong migratory pressure which, added to a population growth rate which in many cases is still far higher than the Community average, is causing worrying levels of economic and social tension in these regions; |
| --- | --- |

24.

Believes that the future common immigration policy should devote special attention to the position of ORs, which are all EU external borders, are surrounded by less-favoured third countries and are subject to very strong migratory pressure which, added to a population growth rate which in many cases is still far higher than the Community average, is causing worrying levels of economic and social tension in these regions;

| 25. | Requests that Community support for agriculture in the ORs, which is given less emphasis than other sectors, should be the object of extensive debate with reference to identifying the real challenges, the need to move towards local self-sufficiency, farm income levels, support for producers' organisations in connection with the marketing of their products, the importance of the environmental dimension and the need to take into account the effects of the opening up of trade introduced by the EPAs and the free-trade agreements currently being negotiated with several Latin American regions; |
| --- | --- |

25.

Requests that Community support for agriculture in the ORs, which is given less emphasis than other sectors, should be the object of extensive debate with reference to identifying the real challenges, the need to move towards local self-sufficiency, farm income levels, support for producers' organisations in connection with the marketing of their products, the importance of the environmental dimension and the need to take into account the effects of the opening up of trade introduced by the EPAs and the free-trade agreements currently being negotiated with several Latin American regions;

| 26. | Believes that ORs should be placed at the heart of EU maritime policy, and stresses that the debate on this issue should focus on the role they can play as regards sustainable use of seas, oceans and coastal areas, and international maritime governance; |
| --- | --- |

26.

Believes that ORs should be placed at the heart of EU maritime policy, and stresses that the debate on this issue should focus on the role they can play as regards sustainable use of seas, oceans and coastal areas, and international maritime governance;

| 27. | Requests the Commission, the Council and the other EU institutions concerned to efficiently and adequately and effectively ensure future Community funding of the Union's strategy to assist ORs and the compensation of handicaps linked to their outermost status; |
| --- | --- |

27.

Requests the Commission, the Council and the other EU institutions concerned to efficiently and adequately and effectively ensure future Community funding of the Union's strategy to assist ORs and the compensation of handicaps linked to their outermost status;

| 28. | Recommends that ways of overcoming the narrowness of local markets, the increasingly open competitive environment and the difficulty of finding market outlets in mainland Europe markets, as well as of improving the coordination of the European Regional Development Fund/European Development Fund (ERDF/EDF) and European Regional Development Fund/Development Cooperation Instrument (ERDF/DCI) funding for cooperation projects with neighbouring countries, should also be priorities for debate, together with effective participation by the ORs in European policies to promote innovation and overcome the digital divide in order to ensure full access for the inhabitants of these regions to the means of information and communication offered by the new technologies, including broadband Internet access; |
| --- | --- |

28.

Recommends that ways of overcoming the narrowness of local markets, the increasingly open competitive environment and the difficulty of finding market outlets in mainland Europe markets, as well as of improving the coordination of the European Regional Development Fund/European Development Fund (ERDF/EDF) and European Regional Development Fund/Development Cooperation Instrument (ERDF/DCI) funding for cooperation projects with neighbouring countries, should also be priorities for debate, together with effective participation by the ORs in European policies to promote innovation and overcome the digital divide in order to ensure full access for the inhabitants of these regions to the means of information and communication offered by the new technologies, including broadband Internet access;

| 29. | Stresses that the partnership, which is essential to the success of the debate, should not be limited solely to European, national and local public institutions, but should provide an opportunity, as in the past, to involve in discussions the entire economic fabric of the outermost regions, represented by structured organisations which have day-to-day experience of the impact of Community policies on the ground; calls on the Commission to submit, following the Partners' Conference, organised by the Commission, on the European strategy in relation to ORs, which is due to be held in Brussels on 14 and 15 May 2008, a new communication taking due account of the progress made at the conference; |
| --- | --- |

29.

Stresses that the partnership, which is essential to the success of the debate, should not be limited solely to European, national and local public institutions, but should provide an opportunity, as in the past, to involve in discussions the entire economic fabric of the outermost regions, represented by structured organisations which have day-to-day experience of the impact of Community policies on the ground; calls on the Commission to submit, following the Partners' Conference, organised by the Commission, on the European strategy in relation to ORs, which is due to be held in Brussels on 14 and 15 May 2008, a new communication taking due account of the progress made at the conference;

| 30. | Considers that the best strategy for ensuring the endogenous and sustainable development of the outermost regions is to make the most of their particular attributes, as outposts of the Union outside continental Europe, especially through a form of tourism that fully reflects the wealth of their history and cultural, artistic and architectural heritage, which the Union has a duty to preserve; |
| --- | --- |

30.

Considers that the best strategy for ensuring the endogenous and sustainable development of the outermost regions is to make the most of their particular attributes, as outposts of the Union outside continental Europe, especially through a form of tourism that fully reflects the wealth of their history and cultural, artistic and architectural heritage, which the Union has a duty to preserve;

*

- *

| 31. | Instructs its President to forward this resolution to the Council, the Commission, the Committee of the Regions, the Economic and Social Committee, the national, regional and local authorities of the ORs, and the President-in-Office of the Conference of Presidents of the Outermost Regions. |
| --- | --- |

31.

Instructs its President to forward this resolution to the Council, the Commission, the Committee of the Regions, the Economic and Social Committee, the national, regional and local authorities of the ORs, and the President-in-Office of the Conference of Presidents of the Outermost Regions.

---

(1)  OJ C 197, 12.7.2001, p. 197.

(2)  OJ C 157 E, 6.7.2006, p. 497.

(3)  OJ C 227 E, 21.9.2006, p. 512.

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| 19.11.2009 | EN | Official Journal of the European Union | CE 279/17 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/17

---

EU consumer policy strategy 2007-2013

P6_TA(2008)0211

European Parliament resolution of 20 May 2008 on EU consumer policy strategy 2007-2013 (2007/2189(INI))

(2009/C 279 E/04)

The European Parliament,

| — | having regard to the Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee entitled ‘EU Consumer Policy strategy 2007-2013 — Empowering consumers, enhancing their welfare, effectively protecting them’ (COM(2007)0099), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee entitled ‘EU Consumer Policy strategy 2007-2013 — Empowering consumers, enhancing their welfare, effectively protecting them’ (COM(2007)0099),

| — | having regard to the Council Resolution on the Consumer Policy Strategy of the EU (2007-2013), adopted at its meeting held on 30 and 31 May 2007, |
| --- | --- |

—

having regard to the Council Resolution on the Consumer Policy Strategy of the EU (2007-2013), adopted at its meeting held on 30 and 31 May 2007,

| — | having regard to its resolution of 27 September 2007 on the obligations of cross-border service providers (1), |
| --- | --- |

—

having regard to its resolution of 27 September 2007 on the obligations of cross-border service providers (1),

| — | having regard to its resolution of 6 September 2007 on the Green Paper on the Review of the Consumer Acquis (2), |
| --- | --- |

—

having regard to its resolution of 6 September 2007 on the Green Paper on the Review of the Consumer Acquis (2),

| — | having regard to its resolution of 4 September 2007 on the Single Market Review: tackling barriers and inefficiencies through better implementation and enforcement (3), |
| --- | --- |

—

having regard to its resolution of 4 September 2007 on the Single Market Review: tackling barriers and inefficiencies through better implementation and enforcement (3),

| — | having regard to its resolution of 21 June 2007 on consumer confidence in the digital environment (4), |
| --- | --- |

—

having regard to its resolution of 21 June 2007 on consumer confidence in the digital environment (4),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a single market for 21st century Europe (COM(2007)0724), |
| --- | --- |

—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a single market for 21st century Europe (COM(2007)0724),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, accompanying the Communication on a single market for 21st century Europe, on services of general interest, including social services of general interest: a new European commitment (COM(2007)0725), |
| --- | --- |

—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, accompanying the Communication on a single market for 21st century Europe, on services of general interest, including social services of general interest: a new European commitment (COM(2007)0725),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on opportunities, access and solidarity: towards a new social vision for 21st century Europe (COM(2007)0726), |
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having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on opportunities, access and solidarity: towards a new social vision for 21st century Europe (COM(2007)0726),

| — | having regard to the Commission Staff Working Document entitled ‘Initiatives In The Area Of Retail Financial Services’ (SEC(2007)1520), accompanying the Communication from the Commission on a single market for 21st century Europe, |
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having regard to the Commission Staff Working Document entitled ‘Initiatives In The Area Of Retail Financial Services’ (SEC(2007)1520), accompanying the Communication from the Commission on a single market for 21st century Europe,

| — | having regard to Rule 45 of its Rules of Procedure, |
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—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Legal Affairs and the Committee on Women's Rights and Gender Equality (A6-0155/2008), |
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having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Legal Affairs and the Committee on Women's Rights and Gender Equality (A6-0155/2008),

Introduction

| 1. | Welcomes the Commission's communication on EU consumer policy strategy and also appreciates the Commission's efforts to incorporate consumer culture established at a higher level of consumer awareness, which forms the basis for better transposition and implementation of the existing legal framework; |
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1.

Welcomes the Commission's communication on EU consumer policy strategy and also appreciates the Commission's efforts to incorporate consumer culture established at a higher level of consumer awareness, which forms the basis for better transposition and implementation of the existing legal framework;

| 2. | Takes the view that a horizontal approach to consumer policy is necessary and that it is vital to take the consumer's interest into account in all relevant policy areas in order to ensure that all EU consumers enjoy a high level of protection; hence welcomes the Commission's highlighting the need to ensure that the internal market is more responsive to the expectations and concerns of citizens; stresses that consumer protection and the completion of the internal market are not conflicting objectives but on the contrary go hand in hand; reminds the Commission, in this respect, that consumer policy should be present in all policy areas as early as the stage of the impact assessment; |
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2.

Takes the view that a horizontal approach to consumer policy is necessary and that it is vital to take the consumer's interest into account in all relevant policy areas in order to ensure that all EU consumers enjoy a high level of protection; hence welcomes the Commission's highlighting the need to ensure that the internal market is more responsive to the expectations and concerns of citizens; stresses that consumer protection and the completion of the internal market are not conflicting objectives but on the contrary go hand in hand; reminds the Commission, in this respect, that consumer policy should be present in all policy areas as early as the stage of the impact assessment;

| 3. | Considers that the needs of consumer protection can be satisfied by legislation only if it is better, simpler and prepared with the involvement of all the competent Commission Directorates-General — Health and Consumers; Justice, Freedom and Security; Internal Market and Services; Competition; |
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3.

Considers that the needs of consumer protection can be satisfied by legislation only if it is better, simpler and prepared with the involvement of all the competent Commission Directorates-General — Health and Consumers; Justice, Freedom and Security; Internal Market and Services; Competition;

| 4. | Emphasises the fact that the review of the consumer acquis should lead to a more coherent legal framework for consumers' rights; recalls its preference for the adoption of a mixed approach, i.e. a horizontal instrument with the primary goal of ensuring the coherence of existing legislation and enabling loopholes to be closed by grouping together, in consistent law, cross-sectoral issues common to all directives; considers that specific questions should continue to be considered separately in the sectoral directives; the long established principles of consumer rights should also be applied in the digital world; urges, in the context of the review of the aquis, more steps to be taken to ensure consumer protection, including privacy and security, in the digital world, without, however, putting an additional and unjustified burden on industry; |
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4.

Emphasises the fact that the review of the consumer acquis should lead to a more coherent legal framework for consumers' rights; recalls its preference for the adoption of a mixed approach, i.e. a horizontal instrument with the primary goal of ensuring the coherence of existing legislation and enabling loopholes to be closed by grouping together, in consistent law, cross-sectoral issues common to all directives; considers that specific questions should continue to be considered separately in the sectoral directives; the long established principles of consumer rights should also be applied in the digital world; urges, in the context of the review of the aquis, more steps to be taken to ensure consumer protection, including privacy and security, in the digital world, without, however, putting an additional and unjustified burden on industry;

| 5. | Deplores the weak emphasis on the law of contract in consumer protection and calls on the Commission to draw on the work done in the contract law project, where necessary refocusing it; |
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5.

Deplores the weak emphasis on the law of contract in consumer protection and calls on the Commission to draw on the work done in the contract law project, where necessary refocusing it;

| 6. | Since the greatest obstacles to the development of an internal market in retailing include uncertainties regarding consumer contracts, supports the Commission in its efforts to introduce standard contracts and conditions for contracts concluded on-line which would have the same force in all the Member States; |
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6.

Since the greatest obstacles to the development of an internal market in retailing include uncertainties regarding consumer contracts, supports the Commission in its efforts to introduce standard contracts and conditions for contracts concluded on-line which would have the same force in all the Member States;

| 7. | Emphasises the important role played by consumer organisations in improving consumer culture; considers strong, independent consumer organisations to be the basis of an effective consumer policy; hence calls on the Commission and the Member States to provide adequate funding for such organisations; advises the Commission, when drafting legislative proposals relating to consumer protection, to increase contact with non-governmental consumer organisations, which are well-placed to identify the actual needs of consumers; |
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7.

Emphasises the important role played by consumer organisations in improving consumer culture; considers strong, independent consumer organisations to be the basis of an effective consumer policy; hence calls on the Commission and the Member States to provide adequate funding for such organisations; advises the Commission, when drafting legislative proposals relating to consumer protection, to increase contact with non-governmental consumer organisations, which are well-placed to identify the actual needs of consumers;

| 8. | Welcomes the proposal for consumer liaison officers to be appointed within the Commission; urges each relevant Directorate-General to publish annual reports on how consumer policy is integrated into its area of responsibility; |
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8.

Welcomes the proposal for consumer liaison officers to be appointed within the Commission; urges each relevant Directorate-General to publish annual reports on how consumer policy is integrated into its area of responsibility;

| 9. | Takes the view that a strong consumer protection system, effective all over Europe, will benefit consumers as well as competitive producers and sellers; underlines the fact that this will create incentives for businesses to produce and sell more durable goods, resulting in more sustainable growth; underlines the fact that effective and improved consumer protection is necessary in order to achieve a better functioning internal market; |
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9.

Takes the view that a strong consumer protection system, effective all over Europe, will benefit consumers as well as competitive producers and sellers; underlines the fact that this will create incentives for businesses to produce and sell more durable goods, resulting in more sustainable growth; underlines the fact that effective and improved consumer protection is necessary in order to achieve a better functioning internal market;

| 10. | Calls for measures to ensure that the 27 national mini-markets within the EU will actually be transformed into the largest retail market in the world; takes the view that this requires that citizens feel equally safe shopping via the Internet or at the local corner shop, and that small and medium-sized enterprises (SMEs) can rely on the same simple rules throughout the internal market; calls on the Commission to consider ways of improving protection for SMEs, in particular by means of the Small Business Act; |
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10.

Calls for measures to ensure that the 27 national mini-markets within the EU will actually be transformed into the largest retail market in the world; takes the view that this requires that citizens feel equally safe shopping via the Internet or at the local corner shop, and that small and medium-sized enterprises (SMEs) can rely on the same simple rules throughout the internal market; calls on the Commission to consider ways of improving protection for SMEs, in particular by means of the Small Business Act;

| 11. | Stresses that the completion of the internal market must be a priority; recognises the positive role that the euro has played in reducing transaction costs, facilitating cross-border price comparisons for consumers, and increasing the potential of the internal market for retail; encourages the new Member States to continue with reforms in order to be able to adopt the euro as soon as they fulfil the Maastricht criteria, and thus to benefit fully from the positive impact of the single currency on the internal market; calls for the removal of all remaining barriers and obstacles in order to secure consumer confidence in cross-border purchases and other contracts, particularly concerning services, while keeping in mind the necessity of a specific approach with regard to language, culture and consumer preferences; |
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11.

Stresses that the completion of the internal market must be a priority; recognises the positive role that the euro has played in reducing transaction costs, facilitating cross-border price comparisons for consumers, and increasing the potential of the internal market for retail; encourages the new Member States to continue with reforms in order to be able to adopt the euro as soon as they fulfil the Maastricht criteria, and thus to benefit fully from the positive impact of the single currency on the internal market; calls for the removal of all remaining barriers and obstacles in order to secure consumer confidence in cross-border purchases and other contracts, particularly concerning services, while keeping in mind the necessity of a specific approach with regard to language, culture and consumer preferences;

| 12. | Stresses that European norms in consumer policy and self-regulation initiatives should serve as a reference for global standards and best practices, and welcomes the fact that Europe is a trendsetter, using its soft power to improve consumer rights globally; |
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12.

Stresses that European norms in consumer policy and self-regulation initiatives should serve as a reference for global standards and best practices, and welcomes the fact that Europe is a trendsetter, using its soft power to improve consumer rights globally;

| 13. | Encourages the Commission to continue to strongly support consumers' rights in relation to product safety by ensuring the integrity of the CE marking and improving market surveillance at all appropriate national levels, using the RAPEX (Rapid Alert System for non-food consumer products), through the sharing of best practice solutions for market surveillance among Member States; calls on the Commission to work with Member States to ensure that existing legislation is properly implemented and fully enforced by the Member States including by assessing the possibility of reviewing Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (5) (‘the General Product Safety Directive’); recalls that the CE marking can be wrongly interpreted as a general indication of third-party testing or a mark of origin, but also that the Commission has been requested (6) to present an in-depth analysis in the field of consumer safety markings, if necessary followed by legislative proposals; |
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13.

Encourages the Commission to continue to strongly support consumers' rights in relation to product safety by ensuring the integrity of the CE marking and improving market surveillance at all appropriate national levels, using the RAPEX (Rapid Alert System for non-food consumer products), through the sharing of best practice solutions for market surveillance among Member States; calls on the Commission to work with Member States to ensure that existing legislation is properly implemented and fully enforced by the Member States including by assessing the possibility of reviewing Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (5) (‘the General Product Safety Directive’); recalls that the CE marking can be wrongly interpreted as a general indication of third-party testing or a mark of origin, but also that the Commission has been requested (6) to present an in-depth analysis in the field of consumer safety markings, if necessary followed by legislative proposals;

| 14. | Welcomes the Commission's efforts to strengthen cooperation in the area of product safety at international level, in particular with the Chinese, US and Japanese authorities; notes that continued dialogue and information-sharing on product safety is in the interests of all parties and central to building consumer confidence; urges the Commission to report back to Parliament on this at regular intervals; |
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14.

Welcomes the Commission's efforts to strengthen cooperation in the area of product safety at international level, in particular with the Chinese, US and Japanese authorities; notes that continued dialogue and information-sharing on product safety is in the interests of all parties and central to building consumer confidence; urges the Commission to report back to Parliament on this at regular intervals;

Improved knowledge base

| 15. | Takes the view that, as a rule, consumers can be assumed to act rationally prior to a purchase, but not to be fully aware of their rights in case of problems; hence calls for an increased focus on genuine consumer behaviour, while taking into account special needs of vulnerable groups such as children and elderly people and people with certain disabilities; recalls the newly adopted budget line proposed by Parliament for a pilot project inter alia to develop a consumer data base and conduct surveys and interviews and a comparison of achievements in the Member States; welcomes the work of the Commission in establishing a consumer policy scoreboard, which will lead to improved understanding inter alia of price structures and consumer behaviour and satisfaction; |
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15.

Takes the view that, as a rule, consumers can be assumed to act rationally prior to a purchase, but not to be fully aware of their rights in case of problems; hence calls for an increased focus on genuine consumer behaviour, while taking into account special needs of vulnerable groups such as children and elderly people and people with certain disabilities; recalls the newly adopted budget line proposed by Parliament for a pilot project inter alia to develop a consumer data base and conduct surveys and interviews and a comparison of achievements in the Member States; welcomes the work of the Commission in establishing a consumer policy scoreboard, which will lead to improved understanding inter alia of price structures and consumer behaviour and satisfaction;

| 16. | Stresses the need for any harmonisation measures to be targeted carefully so as to tackle the real problems faced by consumers in the internal market; considers that, where there is a genuine need for harmonisation, it should be full in order to avoid consumer protection across the EU being patchy and difficult for undertakings to take into account in marketing across borders; points out that the present situation constitutes a disincentive for SMEs seeking to trade Europe-wide and is confusing for consumers; |
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16.

Stresses the need for any harmonisation measures to be targeted carefully so as to tackle the real problems faced by consumers in the internal market; considers that, where there is a genuine need for harmonisation, it should be full in order to avoid consumer protection across the EU being patchy and difficult for undertakings to take into account in marketing across borders; points out that the present situation constitutes a disincentive for SMEs seeking to trade Europe-wide and is confusing for consumers;

| 17. | Is of the view that special focus should be given to equip consumers with the skills and tools needed to increase their confidence in the digital environment; points out that personal data have become a trade product as well as an ingredient of commercial methods, for example behavioural targeting; is of the opinion, therefore, that data protection and privacy rules should be included in any consumer strategy; emphasises the fact that data are available for use at any given moment, in any part of the world; emphasises the urgent need for global standards for data protection to be developed by law-makers jointly with industry and consumer organisations; |
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17.

Is of the view that special focus should be given to equip consumers with the skills and tools needed to increase their confidence in the digital environment; points out that personal data have become a trade product as well as an ingredient of commercial methods, for example behavioural targeting; is of the opinion, therefore, that data protection and privacy rules should be included in any consumer strategy; emphasises the fact that data are available for use at any given moment, in any part of the world; emphasises the urgent need for global standards for data protection to be developed by law-makers jointly with industry and consumer organisations;

| 18. | Highlights the important role of new and increasingly used selling channels, such as e-commerce, in strengthening competition in the internal market and, as a consequence, the capacity to consume; is of the opinion that financial, banking and insurance markets are particularly open to e-commerce and urges the Commission and the Member States to ensure more favourable conditions for the development of the cross-border e-purchase; asks the Commission to conduct a study on the different mechanisms for solving disagreements between consumers and enterprises used in the Member States, with the aim to identify and promote the use of the effective ones; encourages the creation of a sound basis of consumer protection, which is essential, particularly in financial services; |
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18.

Highlights the important role of new and increasingly used selling channels, such as e-commerce, in strengthening competition in the internal market and, as a consequence, the capacity to consume; is of the opinion that financial, banking and insurance markets are particularly open to e-commerce and urges the Commission and the Member States to ensure more favourable conditions for the development of the cross-border e-purchase; asks the Commission to conduct a study on the different mechanisms for solving disagreements between consumers and enterprises used in the Member States, with the aim to identify and promote the use of the effective ones; encourages the creation of a sound basis of consumer protection, which is essential, particularly in financial services;

| 19. | Welcomes the use of the Seventh Framework Programme for Research and Technological Development as a tool to further increase analytical and empirical understanding of consumer behaviour; |
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19.

Welcomes the use of the Seventh Framework Programme for Research and Technological Development as a tool to further increase analytical and empirical understanding of consumer behaviour;

| 20. | Takes the view that consumer protection should be an integral part of the processes of the planning and design of products and services by undertakings, and that examining market change is vital; |
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20.

Takes the view that consumer protection should be an integral part of the processes of the planning and design of products and services by undertakings, and that examining market change is vital;

| 21. | Calls for measures to improve dialogue at EU level between consumer organisations and industry, to include all actors in the value chain; takes the view that a good dialogue, including the sharing of best practices, could reduce problems in the internal market; supports initiatives designed to encourage the participation of consumer policy stakeholders in consultations and policy development; welcomes efforts aimed at strengthening consumer protection and consumer awareness in newer Member States; stresses the importance of continued support for consumer organisations in the EU, in particular in newer Member States; |
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21.

Calls for measures to improve dialogue at EU level between consumer organisations and industry, to include all actors in the value chain; takes the view that a good dialogue, including the sharing of best practices, could reduce problems in the internal market; supports initiatives designed to encourage the participation of consumer policy stakeholders in consultations and policy development; welcomes efforts aimed at strengthening consumer protection and consumer awareness in newer Member States; stresses the importance of continued support for consumer organisations in the EU, in particular in newer Member States;

| 22. | Underlines the fact that the development of a consumer culture is assisted by the systematic education of consumers as regards their rights and the assertion thereof; for this reason, the EU and the Member States should invest more in consumer information and education campaigns that target the right messages at the right consumer segment; emphasises the fact that consumer education must form part of lifelong education and recommends the use of new technologies (in particular the Internet) as a means of informing consumers; |
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22.

Underlines the fact that the development of a consumer culture is assisted by the systematic education of consumers as regards their rights and the assertion thereof; for this reason, the EU and the Member States should invest more in consumer information and education campaigns that target the right messages at the right consumer segment; emphasises the fact that consumer education must form part of lifelong education and recommends the use of new technologies (in particular the Internet) as a means of informing consumers;

| 23. | Is of the opinion that increased emphasis should be given to the special needs of vulnerable groups, such as children, elderly people and people with certain disabilities, when designing consumer policy, and that demographic development should be taken into account; |
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23.

Is of the opinion that increased emphasis should be given to the special needs of vulnerable groups, such as children, elderly people and people with certain disabilities, when designing consumer policy, and that demographic development should be taken into account;

| 24. | Underlines the need for a gender, as well as an age and ethnic dimension, to be taken into account when developing indicators and statistics in order to identify specific problem areas facing different consumer groups; |
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24.

Underlines the need for a gender, as well as an age and ethnic dimension, to be taken into account when developing indicators and statistics in order to identify specific problem areas facing different consumer groups;

Enhanced focus on services

| 25. | Recalls its resolution on the obligations of cross-border service providers; looks forward to the Commission work programme on this issue; asks the Commission to further clarify its intentions, if any, for further initiatives in this area; |
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25.

Recalls its resolution on the obligations of cross-border service providers; looks forward to the Commission work programme on this issue; asks the Commission to further clarify its intentions, if any, for further initiatives in this area;

| 26. | Highlights the importance of promoting cross-border transactions in order to increase freedom of choice and the role of competition policy and education about responsible consumption in ensuring that consumers have the best options in terms of price, quality and variety, particularly regarding basic goods and services such as food, housing, education, health, energy, transport and telecommunications; stresses that enhanced liberalisation of the services market in particular is needed to promote competition, thus offering lower prices for consumers; calls on the Commission and the Member States to promote innovation in the financial services sector with the aim of providing better options for consumers; |
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26.

Highlights the importance of promoting cross-border transactions in order to increase freedom of choice and the role of competition policy and education about responsible consumption in ensuring that consumers have the best options in terms of price, quality and variety, particularly regarding basic goods and services such as food, housing, education, health, energy, transport and telecommunications; stresses that enhanced liberalisation of the services market in particular is needed to promote competition, thus offering lower prices for consumers; calls on the Commission and the Member States to promote innovation in the financial services sector with the aim of providing better options for consumers;

| 27. | Underlines the need, in addition to adequate and effective measures to protect consumers, to ensure good communication on the subject, so as to make it clear to consumers how they can assert their rights under internal market legislation and other legislation from which they stand to benefit; |
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27.

Underlines the need, in addition to adequate and effective measures to protect consumers, to ensure good communication on the subject, so as to make it clear to consumers how they can assert their rights under internal market legislation and other legislation from which they stand to benefit;

| 28. | Considers that special attention is needed to ensure consumer protection and choice in the completion of the internal market for financial services; stresses that financial, banking and insurance products are extremely complex, and that if citizens are to be encouraged to increase their use of those products, especially when dealing with their future pensions, binding policies favouring consumer information and advice should ensure that consumers are aware of all the options available; stresses, however, that consumer protection cannot be an excuse for protectionism; underlines that a fully integrated retail financial services market must be driven by market forces; |
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28.

Considers that special attention is needed to ensure consumer protection and choice in the completion of the internal market for financial services; stresses that financial, banking and insurance products are extremely complex, and that if citizens are to be encouraged to increase their use of those products, especially when dealing with their future pensions, binding policies favouring consumer information and advice should ensure that consumers are aware of all the options available; stresses, however, that consumer protection cannot be an excuse for protectionism; underlines that a fully integrated retail financial services market must be driven by market forces;

| 29. | Believes that, in relation to financial markets, the key issue is the transposition and full implementation of all EU legislation, as well as harmonisation across the Member States; recommends strengthening uniform enforcement of existing legislation before proposing additional rules; in relation to new legislation, urges the Commission to comply with the principle of better regulation, avoiding unjustified additional burdens on consumers and industry; |
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29.

Believes that, in relation to financial markets, the key issue is the transposition and full implementation of all EU legislation, as well as harmonisation across the Member States; recommends strengthening uniform enforcement of existing legislation before proposing additional rules; in relation to new legislation, urges the Commission to comply with the principle of better regulation, avoiding unjustified additional burdens on consumers and industry;

Improved access to redress

| 30. | Welcomes the strategy's focus on better enforcement and redress, which are important factors in creating consumer confidence; takes the view that creating consumer confidence is the most important factor for the completion of the internal market for consumer goods and services; advocates further work on this issue; |
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30.

Welcomes the strategy's focus on better enforcement and redress, which are important factors in creating consumer confidence; takes the view that creating consumer confidence is the most important factor for the completion of the internal market for consumer goods and services; advocates further work on this issue;

| 31. | Takes the view that disputes between consumers and economic operators should primarily be settled out of court, as solutions reached by non-judicial means of redress may be more rapid and reached at a lower cost; this necessitates strengthening the European Consumers Centres and Solvit and greater financial resources for their network; recalls that Member States are free to require that a prior consultation be undertaken by the party that intends to bring an action in order to give the defendant an opportunity to bring the contested infringement to an end; |
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31.

Takes the view that disputes between consumers and economic operators should primarily be settled out of court, as solutions reached by non-judicial means of redress may be more rapid and reached at a lower cost; this necessitates strengthening the European Consumers Centres and Solvit and greater financial resources for their network; recalls that Member States are free to require that a prior consultation be undertaken by the party that intends to bring an action in order to give the defendant an opportunity to bring the contested infringement to an end;

| 32. | Recalls that Alternative Dispute Resolution (ADR) systems are, by their nature, an alternative solution to traditional black-letter law mechanisms; the incentive to use ADR is therefore dependent on the existence of hard-law alternatives that provide effective, readily accessible and non-discriminatory redress for the consumer; |
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32.

Recalls that Alternative Dispute Resolution (ADR) systems are, by their nature, an alternative solution to traditional black-letter law mechanisms; the incentive to use ADR is therefore dependent on the existence of hard-law alternatives that provide effective, readily accessible and non-discriminatory redress for the consumer;

| 33. | Recalls that the growth of e-commerce necessitates a harmonisation throughout the EU of ADR which satisfies the requirements of Commission Recommendation 98/257/EC of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes (7) and Commission Recommendation 2001/310/EC of 4 April 2001 on the principles for out-of-court bodies involved in the consensual resolution of consumer disputes (8); more work is needed on on-line dispute resolution, for which Parliament has been calling since at least 1999; |
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33.

Recalls that the growth of e-commerce necessitates a harmonisation throughout the EU of ADR which satisfies the requirements of Commission Recommendation 98/257/EC of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes (7) and Commission Recommendation 2001/310/EC of 4 April 2001 on the principles for out-of-court bodies involved in the consensual resolution of consumer disputes (8); more work is needed on on-line dispute resolution, for which Parliament has been calling since at least 1999;

| 34. | Recalls that safeguarding effective enforcement of rights originating from Community legislation is principally an obligation of Member States; they are responsible for adapting their national procedural law in such a way that these rights are readily enforceable, to the benefit of consumers and economic operators; first of all, the Community is not competent to prescribe rules for national procedural law, and moreover, Article 5 of the EC Treaty requires the Community not to go beyond what is necessary to achieve the objectives of the Treaty; consequently, in accordance with that Article, the specific features of national legal systems must as far as possible be taken into account by leaving Member States free to choose between different options having equivalent effect; |
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34.

Recalls that safeguarding effective enforcement of rights originating from Community legislation is principally an obligation of Member States; they are responsible for adapting their national procedural law in such a way that these rights are readily enforceable, to the benefit of consumers and economic operators; first of all, the Community is not competent to prescribe rules for national procedural law, and moreover, Article 5 of the EC Treaty requires the Community not to go beyond what is necessary to achieve the objectives of the Treaty; consequently, in accordance with that Article, the specific features of national legal systems must as far as possible be taken into account by leaving Member States free to choose between different options having equivalent effect;

| 35. | Calls on the Commission to explore the merits of establishing a special European Consumer Ombudsman for cross-border cases; notes that a number of Member States have consumer ombudsmen in several sectors, helping consumers to deal with economic operators; believes this approach could be examined by the Commission on a country-by-country basis; |
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35.

Calls on the Commission to explore the merits of establishing a special European Consumer Ombudsman for cross-border cases; notes that a number of Member States have consumer ombudsmen in several sectors, helping consumers to deal with economic operators; believes this approach could be examined by the Commission on a country-by-country basis;

| 36. | Notes that in some, but not all, Member States elements of a specific consumer redress system already exist, such as joint actions, group actions, representative actions, test cases and skimming-off procedures; points to the fact that, as a result, consumers may face different legal provisions in cross-border cases in this respect; |
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36.

Notes that in some, but not all, Member States elements of a specific consumer redress system already exist, such as joint actions, group actions, representative actions, test cases and skimming-off procedures; points to the fact that, as a result, consumers may face different legal provisions in cross-border cases in this respect;

| 37. | Recalls that Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests (9) already aims at the protection of the collective interests of consumers; underlines that this Directive gives inter alia consumer organisations standing to start injunction procedures; asks the Commission to submit, to the Parliament and the Council, a report evaluating how far and why this Directive has or has not brought the expected improvements in relation to the protection of the collective interests of consumers; |
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37.

Recalls that Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests (9) already aims at the protection of the collective interests of consumers; underlines that this Directive gives inter alia consumer organisations standing to start injunction procedures; asks the Commission to submit, to the Parliament and the Council, a report evaluating how far and why this Directive has or has not brought the expected improvements in relation to the protection of the collective interests of consumers;

| 38. | Considers that, before starting any reflections about legislation at EU level, a thorough examination of existing problems, if any, and the envisaged benefits for consumers should be undertaken; |
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38.

Considers that, before starting any reflections about legislation at EU level, a thorough examination of existing problems, if any, and the envisaged benefits for consumers should be undertaken;

| 39. | Considers that in a number of Member States there are constitutional constraints that have to be taken into account when it comes to designing a European model for consumer redress; further considers that Article 6 of the European Convention on Human Rights needs to be fully respected; calls on the Commission to submit a report to the Parliament and the Council on how, in this regard, to achieve the necessary balance between the rights of consumers, consumer organisations and economic operators; |
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39.

Considers that in a number of Member States there are constitutional constraints that have to be taken into account when it comes to designing a European model for consumer redress; further considers that Article 6 of the European Convention on Human Rights needs to be fully respected; calls on the Commission to submit a report to the Parliament and the Council on how, in this regard, to achieve the necessary balance between the rights of consumers, consumer organisations and economic operators;

| 40. | Calls on the Commission to carefully assess the issue of consumer redress in the Member States, bearing in mind that any new proposals by it in that area should be based on a thorough examination of existing problems and the envisaged benefits for consumers, andthat in respect of cross-border proceedings and possible systems of collective redress, extensive research should be carried out, drawing on experience around the world, with special regard to the concerns expressed at the excesses and drawbacks of the US model, and dealing clearly with the question of an appropriate legal base for such an instrument at EU level; asks the Commission then to present, as appropriate, a coherent solution at European level, providing all consumers with access to collective redress mechanisms for the settlement of cross-border complaints; |
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40.

Calls on the Commission to carefully assess the issue of consumer redress in the Member States, bearing in mind that any new proposals by it in that area should be based on a thorough examination of existing problems and the envisaged benefits for consumers, andthat in respect of cross-border proceedings and possible systems of collective redress, extensive research should be carried out, drawing on experience around the world, with special regard to the concerns expressed at the excesses and drawbacks of the US model, and dealing clearly with the question of an appropriate legal base for such an instrument at EU level; asks the Commission then to present, as appropriate, a coherent solution at European level, providing all consumers with access to collective redress mechanisms for the settlement of cross-border complaints;

| 41. | Asks the Commission to consult Parliament and the Member States on the assessment of those studies; |
| --- | --- |

41.

Asks the Commission to consult Parliament and the Member States on the assessment of those studies;

*

- *

| 42. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

42.

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

---

(1)  Texts Adopted, P6_TA(2007)0421.

(2)  Texts Adopted, P6_TA(2007)0383.

(3)  Texts Adopted, P6_TA(2007)0367.

(4)  Texts Adopted, P6_TA(2007)0287.

(5)  OJ L 11, 15.1.2002, p. 4.

(6)  Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, (OJ L 218, 13.8.2008, p. 82), recital 52.

(7)  OJ L 115, 17.4.1998, p. 31.

(8)  OJ L 109, 19.4.2001, p. 56.

(9)  OJ L 166, 11.6.1998, p. 51.

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/23 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/23

---

Progress made in equal-opportunities and non-discrimination in the EU (transposition of Directives 2000/43/EC and 2000/78/EC)

P6_TA(2008)0212

European Parliament resolution of 20 May 2008 on progress made in equal opportunities and non-discrimination in the EU (the transposition of Directives 2000/43/EC and 2000/78/EC) (2007/2202(INI))

(2009/C 279 E/05)

The European Parliament,

| — | having regard to the Commission communication on non-discrimination and equal opportunities for all — A framework strategy (COM(2005)0224), |
| --- | --- |

—

having regard to the Commission communication on non-discrimination and equal opportunities for all — A framework strategy (COM(2005)0224),

| — | having regard to Article 13 of the EC Treaty, |
| --- | --- |

—

having regard to Article 13 of the EC Treaty,

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

—

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

| — | having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (2), |
| --- | --- |

—

having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (2),

| — | having regard to the Commission communication on the application of Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (COM(2006)0643), |
| --- | --- |

—

having regard to the Commission communication on the application of Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (COM(2006)0643),

| — | having regard to the Commission report on Developing Anti-Discrimination Law in Europe: The 25 EU Member States compared, of July 2007, |
| --- | --- |

—

having regard to the Commission report on Developing Anti-Discrimination Law in Europe: The 25 EU Member States compared, of July 2007,

| — | having regard to the national reports on the implementation of anti-discrimination legislation and the thematic reports produced by the network of legal experts in anti-discrimination to support its work set up by the Commission in order to provide independent information and advice on relevant developments in the Member States, |
| --- | --- |

—

having regard to the national reports on the implementation of anti-discrimination legislation and the thematic reports produced by the network of legal experts in anti-discrimination to support its work set up by the Commission in order to provide independent information and advice on relevant developments in the Member States,

| — | having regard to the UN International Convention on the Elimination of All Forms of Racial Discrimination, |
| --- | --- |

—

having regard to the UN International Convention on the Elimination of All Forms of Racial Discrimination,

| — | having regard to the UN Convention on the Rights of Persons with Disabilities, |
| --- | --- |

—

having regard to the UN Convention on the Rights of Persons with Disabilities,

| — | having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms and Protocol No12 thereto, |
| --- | --- |

—

having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms and Protocol No12 thereto,

| — | having regard to the Commission's Special Eurobarometer Survey on Discrimination in the European Union, of January 2007, |
| --- | --- |

—

having regard to the Commission's Special Eurobarometer Survey on Discrimination in the European Union, of January 2007,

| — | having regard to the designation of 2007 as European Year of Equal Opportunities for All and 2008 as European Year of Intercultural Dialogue, |
| --- | --- |

—

having regard to the designation of 2007 as European Year of Equal Opportunities for All and 2008 as European Year of Intercultural Dialogue,

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0159/2008), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0159/2008),

| A. | whereas Article 6 of the Treaty on European Union provides that the European Union shall be founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States and it is important that political declarations on the fight against discrimination are matched by the progressive development and full and correct implementation of legislation and policies, notably as regards the directives prohibiting discrimination and projects promoting equality, |
| --- | --- |

A.

whereas Article 6 of the Treaty on European Union provides that the European Union shall be founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States and it is important that political declarations on the fight against discrimination are matched by the progressive development and full and correct implementation of legislation and policies, notably as regards the directives prohibiting discrimination and projects promoting equality,

| B. | whereas Article 6 of the Treaty on European Union also provides that the European Union shall respect fundamental rights as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, and the promotion of equality and non-discrimination in accordance with Article 13 of the EC Treaty should be a priority of the European Union's laws and policies, |
| --- | --- |

B.

whereas Article 6 of the Treaty on European Union also provides that the European Union shall respect fundamental rights as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, and the promotion of equality and non-discrimination in accordance with Article 13 of the EC Treaty should be a priority of the European Union's laws and policies,

| C. | whereas employment is one of the basic requirements of social inclusion but levels of unemployment among many groups, in particular women, migrants, people with disabilities, ethnic minorities, older and younger people and those with isolated or unrecognised skills, remain unacceptably high; whereas unemployment among persons suffering from multiple discrimination is even higher, |
| --- | --- |

C.

whereas employment is one of the basic requirements of social inclusion but levels of unemployment among many groups, in particular women, migrants, people with disabilities, ethnic minorities, older and younger people and those with isolated or unrecognised skills, remain unacceptably high; whereas unemployment among persons suffering from multiple discrimination is even higher,

| D. | whereas Community law does not currently cover discrimination in most areas of Community competence and whereas Directives 2000/43/EC and 2000/78/EC provide different levels of protection, which create gaps in protection against discrimination that impacts on employment, |
| --- | --- |

D.

whereas Community law does not currently cover discrimination in most areas of Community competence and whereas Directives 2000/43/EC and 2000/78/EC provide different levels of protection, which create gaps in protection against discrimination that impacts on employment,

| E. | whereas the Commission's mapping survey on Developing Anti-Discrimination law in Europe confirms that at Member State level there is a patchwork of legislation across Member States, protecting against discrimination in different ways and often lacking a common method of implementation, which has led to a lack of harmony in the implementation of directives and a situation in which people are not sufficiently aware of their rights, |
| --- | --- |

E.

whereas the Commission's mapping survey on Developing Anti-Discrimination law in Europe confirms that at Member State level there is a patchwork of legislation across Member States, protecting against discrimination in different ways and often lacking a common method of implementation, which has led to a lack of harmony in the implementation of directives and a situation in which people are not sufficiently aware of their rights,

| F. | whereas the inconsistent application of non-discrimination policies in Member States contributes to the lack of implementation in practice of Community directives prohibiting discrimination, as is reflected in reports such as that of the European Group of Experts on Combating Sexual Orientation Discrimination entitled ‘Combating sexual orientation discrimination in employment: legislation in fifteen EU Member States’, |
| --- | --- |

F.

whereas the inconsistent application of non-discrimination policies in Member States contributes to the lack of implementation in practice of Community directives prohibiting discrimination, as is reflected in reports such as that of the European Group of Experts on Combating Sexual Orientation Discrimination entitled ‘Combating sexual orientation discrimination in employment: legislation in fifteen EU Member States’,

| G. | whereas in its resolution of 5 December 2007 on the follow-up of the European Year of Equal Opportunities for All (2007) (3), the Council invited Member States and the Commission, in accordance with their respective competences, to sustain and reinforce the mainstreaming of disability issues into all relevant policies, |
| --- | --- |

G.

whereas in its resolution of 5 December 2007 on the follow-up of the European Year of Equal Opportunities for All (2007) (3), the Council invited Member States and the Commission, in accordance with their respective competences, to sustain and reinforce the mainstreaming of disability issues into all relevant policies,

| H. | whereas the Commission has therefore justly commenced procedures against several Member States, and needs to continue doing so when necessary, |
| --- | --- |

H.

whereas the Commission has therefore justly commenced procedures against several Member States, and needs to continue doing so when necessary,

| 1. | Calls on the Member States to take due account in their legislative practice of the various grounds for discrimination set out in Article 21 of the Charter of Fundamental Rights of the European Union; |
| --- | --- |

1.

Calls on the Member States to take due account in their legislative practice of the various grounds for discrimination set out in Article 21 of the Charter of Fundamental Rights of the European Union;

| 2. | Recalls that Directives 2000/43/EC and 2000/78/EC provide minimum requirements and should be the foundation on which a more comprehensive Community anti-discrimination policy is built; |
| --- | --- |

2.

Recalls that Directives 2000/43/EC and 2000/78/EC provide minimum requirements and should be the foundation on which a more comprehensive Community anti-discrimination policy is built;

| 3. | Expresses concern about deficiencies in the transposition and implementation of Directives 2000/43/EC and 2000/78/EC by some Member States and the lack of information for EU citizens about possible remedies in cases of discrimination; |
| --- | --- |

3.

Expresses concern about deficiencies in the transposition and implementation of Directives 2000/43/EC and 2000/78/EC by some Member States and the lack of information for EU citizens about possible remedies in cases of discrimination;

| 4. | Regrets that Directives 2000/43/EC and 2000/78/EC do not cover differences in treatment of a discriminatory nature based on physical criteria such as height or complexion, particularly in relation to access to jobs where there is no direct link between those physical characteristics and the skills required to perform the jobs concerned; |
| --- | --- |

4.

Regrets that Directives 2000/43/EC and 2000/78/EC do not cover differences in treatment of a discriminatory nature based on physical criteria such as height or complexion, particularly in relation to access to jobs where there is no direct link between those physical characteristics and the skills required to perform the jobs concerned;

| 5. | Calls on the Member States to ensure that, following the transposition of all their provisions, Directives 2000/43/EC and 2000/78/EC are fully, correctly and effectively transposed and adequately implemented, and that, in accordance with their provisions, any exemptions are objectively justified; |
| --- | --- |

5.

Calls on the Member States to ensure that, following the transposition of all their provisions, Directives 2000/43/EC and 2000/78/EC are fully, correctly and effectively transposed and adequately implemented, and that, in accordance with their provisions, any exemptions are objectively justified;

| 6. | Calls on the competent EU, national and local authorities to improve the coordination of their efforts of implementation; calls for a unified approach to combating discrimination which is inclusive of, and takes into account, all grounds for discrimination at the same time; |
| --- | --- |

6.

Calls on the competent EU, national and local authorities to improve the coordination of their efforts of implementation; calls for a unified approach to combating discrimination which is inclusive of, and takes into account, all grounds for discrimination at the same time;

| 7. | Emphasises that public authorities have a key role to play in promoting equality and preventing discrimination, through their policies, their provision of services and their employment practices; |
| --- | --- |

7.

Emphasises that public authorities have a key role to play in promoting equality and preventing discrimination, through their policies, their provision of services and their employment practices;

| 8. | Calls for a commitment by the Commission to carry out a substantial review of the implementation of Directives 2000/43/EC and 2000/78/EC as well as issuing interpretive guidelines for their implementation to ensure full and correct implementation by Member States; calls on the Commission, in particular, to assess the way in which Member States have interpreted the exemptions provided for in Articles 6 and 8 when transposing Directive 2000/78/EC into national law; recalls that the implementation of both Directives requires a range of mechanisms and strategies including compliance, proactive engagement and enforcement as well as effective exchanges of best practices; |
| --- | --- |

8.

Calls for a commitment by the Commission to carry out a substantial review of the implementation of Directives 2000/43/EC and 2000/78/EC as well as issuing interpretive guidelines for their implementation to ensure full and correct implementation by Member States; calls on the Commission, in particular, to assess the way in which Member States have interpreted the exemptions provided for in Articles 6 and 8 when transposing Directive 2000/78/EC into national law; recalls that the implementation of both Directives requires a range of mechanisms and strategies including compliance, proactive engagement and enforcement as well as effective exchanges of best practices;

| 9. | Urges that sanctions applicable to infringements of national provisions adopted pursuant to the transposition of Directives 2000/43/EC and 2000/78/EC must be effective, proportionate and dissuasive; |
| --- | --- |

9.

Urges that sanctions applicable to infringements of national provisions adopted pursuant to the transposition of Directives 2000/43/EC and 2000/78/EC must be effective, proportionate and dissuasive;

| 10. | Urges the Commission to monitor carefully the transposition of Directives 2000/43/EC and 2000/78/EC as well as compliance with legislation resulting from their transposition, and to continue to put pressure on the Member States, by way of infringement and non-compliance procedures, to respect their legal obligations in fully transposing those Directives as soon as possible; believes that Parliament's competent Committee should play a role in the ongoing monitoring of Member States' obligations under those Directives; |
| --- | --- |

10.

Urges the Commission to monitor carefully the transposition of Directives 2000/43/EC and 2000/78/EC as well as compliance with legislation resulting from their transposition, and to continue to put pressure on the Member States, by way of infringement and non-compliance procedures, to respect their legal obligations in fully transposing those Directives as soon as possible; believes that Parliament's competent Committee should play a role in the ongoing monitoring of Member States' obligations under those Directives;

| 11. | Reminds the Commission that Article 4 of Directive 2000/78/EC permits exceptions only to the extent that they are genuinely objectively necessary for the satisfactory performance of occupational activities; calls on the Commission to interpret that article strictly and to bring actions against Member States before the Court of Justice if they permit too broad a definition in their national legislation; |
| --- | --- |

11.

Reminds the Commission that Article 4 of Directive 2000/78/EC permits exceptions only to the extent that they are genuinely objectively necessary for the satisfactory performance of occupational activities; calls on the Commission to interpret that article strictly and to bring actions against Member States before the Court of Justice if they permit too broad a definition in their national legislation;

| 12. | Asks for an annual evaluation of Member State implementation as part of the open method of coordination and an extended review of the implementation of such legislation every five years as part of the Social Agenda; believes that independent bodies concerned with non-discrimination issues, including the Commission's network of legal experts and non-governmental organisations (NGOs) representing potential victims of discrimination, should be involved in that annual evaluation and that concrete measures should be taken to build the capacity of NGOs in order to enable them to provide information and support to victims and to contribute constructively to the annual evaluation; |
| --- | --- |

12.

Asks for an annual evaluation of Member State implementation as part of the open method of coordination and an extended review of the implementation of such legislation every five years as part of the Social Agenda; believes that independent bodies concerned with non-discrimination issues, including the Commission's network of legal experts and non-governmental organisations (NGOs) representing potential victims of discrimination, should be involved in that annual evaluation and that concrete measures should be taken to build the capacity of NGOs in order to enable them to provide information and support to victims and to contribute constructively to the annual evaluation;

| 13. | Believes that the absence of a provision in Directive 2000/78/EC indicating the necessity for broad definitions of disability has excluded some categories of disabled people from the legal protection of that Directive; therefore invites the Commission and the Member States to agree such broad definitions of disability urgently, in order to facilitate the harmonisation of anti-discrimination legislation, which could be based on the Convention on the Rights of Persons with Disabilities; |
| --- | --- |

13.

Believes that the absence of a provision in Directive 2000/78/EC indicating the necessity for broad definitions of disability has excluded some categories of disabled people from the legal protection of that Directive; therefore invites the Commission and the Member States to agree such broad definitions of disability urgently, in order to facilitate the harmonisation of anti-discrimination legislation, which could be based on the Convention on the Rights of Persons with Disabilities;

| 14. | Believes that the lack of a provision establishing a time limit for bringing proceedings to challenge discrimination has led some Member States to set very short time limits, which might be an obstacle to bringing such proceedings; |
| --- | --- |

14.

Believes that the lack of a provision establishing a time limit for bringing proceedings to challenge discrimination has led some Member States to set very short time limits, which might be an obstacle to bringing such proceedings;

| 15. | Believes that exceptions linked to marital status in Directive 2000/78/EC has limited the protection against discrimination on the ground of sexual orientation offered by that Directive; |
| --- | --- |

15.

Believes that exceptions linked to marital status in Directive 2000/78/EC has limited the protection against discrimination on the ground of sexual orientation offered by that Directive;

| 16. | Urges the Member States to promote more effectively the application of the rights of EU citizens under Directives 2000/43/EC and 2000/78/EC, and urges the Commission, the Member States, trade unions, employers, as well as governmental and non-governmental stakeholders to do all in their power to improve awareness of rights under those Directives and to ensure that victims of discrimination have access to a range of advocacy support to enable them effective to exercise their rights thereunder; notes that the burden is often on the victim to challenge the alleged perpetrator of the discrimination, frequently with neither support from any public authority nor access to legal aid; urges Member States to empower concerned independent bodies to provide effective help to victims of discrimination; |
| --- | --- |

16.

Urges the Member States to promote more effectively the application of the rights of EU citizens under Directives 2000/43/EC and 2000/78/EC, and urges the Commission, the Member States, trade unions, employers, as well as governmental and non-governmental stakeholders to do all in their power to improve awareness of rights under those Directives and to ensure that victims of discrimination have access to a range of advocacy support to enable them effective to exercise their rights thereunder; notes that the burden is often on the victim to challenge the alleged perpetrator of the discrimination, frequently with neither support from any public authority nor access to legal aid; urges Member States to empower concerned independent bodies to provide effective help to victims of discrimination;

| 17. | Is concerned about the low level of awareness of anti-discrimination legislation among citizens in the Member States and calls on the Commission, the Member States, trade unions and employers to step up their efforts to raise that level of awareness; recalls that the Directives impose an obligation on Member States to disseminate information to the public on the relevant provisions of the Directives by all appropriate means; |
| --- | --- |

17.

Is concerned about the low level of awareness of anti-discrimination legislation among citizens in the Member States and calls on the Commission, the Member States, trade unions and employers to step up their efforts to raise that level of awareness; recalls that the Directives impose an obligation on Member States to disseminate information to the public on the relevant provisions of the Directives by all appropriate means;

| 18. | Recommends that Member States undertake independent reviews of preventive and restitutive anti-discriminatory measures and the effectiveness of protection against victimisation and ensure that statutory and non-statutory bodies that participate in the prevention of discrimination and that support the victims of discrimination are adequately resourced; recommends also that the Commission include peer reviews in its ongoing monitoring exercise; |
| --- | --- |

18.

Recommends that Member States undertake independent reviews of preventive and restitutive anti-discriminatory measures and the effectiveness of protection against victimisation and ensure that statutory and non-statutory bodies that participate in the prevention of discrimination and that support the victims of discrimination are adequately resourced; recommends also that the Commission include peer reviews in its ongoing monitoring exercise;

| 19. | Recommends that Member States adequately resource and empower independent bodies that promote equality so that they can perform their role effectively and independently, including providing sound expertise on all forms of discrimination and appropriate assistance for victims of discrimination; encourages the Member States to ensure that the remit of those bodies covers all forms of discrimination, and calls on the Commission to establish standards against which to monitor and ensure the effectiveness and independence of those bodies; |
| --- | --- |

19.

Recommends that Member States adequately resource and empower independent bodies that promote equality so that they can perform their role effectively and independently, including providing sound expertise on all forms of discrimination and appropriate assistance for victims of discrimination; encourages the Member States to ensure that the remit of those bodies covers all forms of discrimination, and calls on the Commission to establish standards against which to monitor and ensure the effectiveness and independence of those bodies;

| 20. | Recommends that Member States and the Commission resource and empower those NGOs that represent discriminated groups, and those that are active in informing citizens and providing legal aid, as regards matters of discrimination; |
| --- | --- |

20.

Recommends that Member States and the Commission resource and empower those NGOs that represent discriminated groups, and those that are active in informing citizens and providing legal aid, as regards matters of discrimination;

| 21. | Calls on the Member States to work together with the relevant social partners to monitor the correct implementation of Community legislation; |
| --- | --- |

21.

Calls on the Member States to work together with the relevant social partners to monitor the correct implementation of Community legislation;

| 22. | Stresses that in any event Member States should ensure that victims of discrimination are automatically assisted in legal proceedings, if necessary by public funding through legal aid schemes; |
| --- | --- |

22.

Stresses that in any event Member States should ensure that victims of discrimination are automatically assisted in legal proceedings, if necessary by public funding through legal aid schemes;

| 23. | Calls upon the Commission practically and effectively to support the adoption of measures by Member States through the Progress programme and the European Social Fund in order to support programmes promoting equal opportunities and the eradication of discrimination; |
| --- | --- |

23.

Calls upon the Commission practically and effectively to support the adoption of measures by Member States through the Progress programme and the European Social Fund in order to support programmes promoting equal opportunities and the eradication of discrimination;

| 24. | Recommends that, in order to provide a more effective level of protection, Member States should empower associations, organisations and other legal entities to engage in legal proceedings, including on behalf or in support of any victim; |
| --- | --- |

24.

Recommends that, in order to provide a more effective level of protection, Member States should empower associations, organisations and other legal entities to engage in legal proceedings, including on behalf or in support of any victim;

| 25. | Urges the Member State governments to ensure equal treatment and opportunities under employment and social inclusion policies, and, in particular, to address the serious barriers raised by discrimination in recruitment procedures; |
| --- | --- |

25.

Urges the Member State governments to ensure equal treatment and opportunities under employment and social inclusion policies, and, in particular, to address the serious barriers raised by discrimination in recruitment procedures;

| 26. | Recommends that Member States ensure that associations, organisations and other legal entities may engage on behalf of one or more complainants in any judicial proceedings for the enforcement of the Directives; |
| --- | --- |

26.

Recommends that Member States ensure that associations, organisations and other legal entities may engage on behalf of one or more complainants in any judicial proceedings for the enforcement of the Directives;

| 27. | Calls on the Member States, in cooperation with the EU Agency for Fundamental Rights and the Commission, to collect, compile and publish comprehensive, accurate, comparable, reliable and separate statistics on discrimination at regular intervals and to publish them in such a way that they can be easily understood by the public and enable a more effective exchanges of best practices; stresses the need for the availability of sufficient funds to achieve this and the importance of developing ways of gathering data on discrimination in line with data protection legislation; |
| --- | --- |

27.

Calls on the Member States, in cooperation with the EU Agency for Fundamental Rights and the Commission, to collect, compile and publish comprehensive, accurate, comparable, reliable and separate statistics on discrimination at regular intervals and to publish them in such a way that they can be easily understood by the public and enable a more effective exchanges of best practices; stresses the need for the availability of sufficient funds to achieve this and the importance of developing ways of gathering data on discrimination in line with data protection legislation;

| 28. | Calls for the establishment of national integrated action plans against all forms of discrimination; |
| --- | --- |

28.

Calls for the establishment of national integrated action plans against all forms of discrimination;

| 29. | Welcomes the Commission's interest in collecting equality data, including the publishing of the European handbook on such data; asks the Commission to study carefully the various legal questions and parameters regarding the issue of data collection and to put forward proposals to improve the recording of cases of discrimination and look at common standards for data collection; recommends that the Commission continue to provide legal training for judges, lawyers, trade unions and NGOs in order to enhance the long-term impact of the Directives, and also conduct more research and analysis of the impact of legislation transposing the Directives; |
| --- | --- |

29.

Welcomes the Commission's interest in collecting equality data, including the publishing of the European handbook on such data; asks the Commission to study carefully the various legal questions and parameters regarding the issue of data collection and to put forward proposals to improve the recording of cases of discrimination and look at common standards for data collection; recommends that the Commission continue to provide legal training for judges, lawyers, trade unions and NGOs in order to enhance the long-term impact of the Directives, and also conduct more research and analysis of the impact of legislation transposing the Directives;

| 30. | Welcomes the Commission's interest in multiple discrimination, including its launch of a study on this subject; calls on the Commission to adopt a balanced broad concept of multiple discrimination and for the Commission to examine and supply data on multiple discrimination and hate crimes; calls on the Commission to include provisions explicitly designed to combat multiple discrimination in any future legislation adopted under Article 13 of the EC Treaty, which can be invoked on either one or a combination of more than one of the grounds; |
| --- | --- |

30.

Welcomes the Commission's interest in multiple discrimination, including its launch of a study on this subject; calls on the Commission to adopt a balanced broad concept of multiple discrimination and for the Commission to examine and supply data on multiple discrimination and hate crimes; calls on the Commission to include provisions explicitly designed to combat multiple discrimination in any future legislation adopted under Article 13 of the EC Treaty, which can be invoked on either one or a combination of more than one of the grounds;

| 31. | Stresses the importance of networking between groups active in combating discrimination at European, national, regional and local level; |
| --- | --- |

31.

Stresses the importance of networking between groups active in combating discrimination at European, national, regional and local level;

| 32. | Calls on Member States to review their national legislation and consider repealing acts that are incompatible with Article 13 of the EC Treaty; |
| --- | --- |

32.

Calls on Member States to review their national legislation and consider repealing acts that are incompatible with Article 13 of the EC Treaty;

| 33. | Regards Directive 2000/43/EC as the foundation upon which to base a comprehensive anti-discrimination framework for measures relating to the prohibition against discrimination on the basis of race or ethnic origin; stresses, however, that account must be taken of problematic aspects which have already been identified and of the difficulties encountered by Member States in effectively transposing and implementing the provisions of that Directive; |
| --- | --- |

33.

Regards Directive 2000/43/EC as the foundation upon which to base a comprehensive anti-discrimination framework for measures relating to the prohibition against discrimination on the basis of race or ethnic origin; stresses, however, that account must be taken of problematic aspects which have already been identified and of the difficulties encountered by Member States in effectively transposing and implementing the provisions of that Directive;

| 34. | Stresses that the Commission must produce a common, EU-wide definition of, or at least work towards a consensus about, the meaning of positive action, thereby dispelling the myths surrounding its meaning and its application in some Member States, particularly given its effectiveness for successfully tackling discrimination and producing equality of outcomes in some Member States; |
| --- | --- |

34.

Stresses that the Commission must produce a common, EU-wide definition of, or at least work towards a consensus about, the meaning of positive action, thereby dispelling the myths surrounding its meaning and its application in some Member States, particularly given its effectiveness for successfully tackling discrimination and producing equality of outcomes in some Member States;

| 35. | Notes that the Commission may intend now to put forward only legislation to outlaw discrimination in access to goods and services on some, but not all grounds; reminds the Commission of its commitment to put forward a comprehensive directive covering disability, age, religion or belief and sexual orientation to complete the package of anti-discrimination legislation under Article 13 of the EC Treaty as provided in its 2008 work programme; reiterates the political, social and legal desirability of putting an end to the hierarchy of protection against the different grounds of discrimination; strongly believes that it does not make sense to prohibit discrimination in one area while allowing it in another; |
| --- | --- |

35.

Notes that the Commission may intend now to put forward only legislation to outlaw discrimination in access to goods and services on some, but not all grounds; reminds the Commission of its commitment to put forward a comprehensive directive covering disability, age, religion or belief and sexual orientation to complete the package of anti-discrimination legislation under Article 13 of the EC Treaty as provided in its 2008 work programme; reiterates the political, social and legal desirability of putting an end to the hierarchy of protection against the different grounds of discrimination; strongly believes that it does not make sense to prohibit discrimination in one area while allowing it in another;

| 36. | Awaits with interest the development of the Community definition of disability which will allow disabled people from all over the European Union to enjoy the same rights wherever they are situated within the European Union; |
| --- | --- |

36.

Awaits with interest the development of the Community definition of disability which will allow disabled people from all over the European Union to enjoy the same rights wherever they are situated within the European Union;

| 37. | Believes that any new proposed directive designed to combat discrimination as referred to in Article 13 of the EC Treaty will have to prohibit all forms of discrimination, including direct and indirect discrimination, in all areas already covered by Directives 2000/43/EC and 2000/78/EC, discrimination by association, discrimination linked to perceived membership of a protected group and harassment; believes that an instruction to discriminate should be deemed to constitute discrimination, and that an unjustified failure to make a reasonable accommodation should be regarded as a form of discrimination; believes that the Directives should make clear that there is no hierarchy between the different forms of discrimination and that they must all be combated in equally strong measure; insists that any new proposed legislation duly reflects all the specificities of the different respective grounds; |
| --- | --- |

37.

Believes that any new proposed directive designed to combat discrimination as referred to in Article 13 of the EC Treaty will have to prohibit all forms of discrimination, including direct and indirect discrimination, in all areas already covered by Directives 2000/43/EC and 2000/78/EC, discrimination by association, discrimination linked to perceived membership of a protected group and harassment; believes that an instruction to discriminate should be deemed to constitute discrimination, and that an unjustified failure to make a reasonable accommodation should be regarded as a form of discrimination; believes that the Directives should make clear that there is no hierarchy between the different forms of discrimination and that they must all be combated in equally strong measure; insists that any new proposed legislation duly reflects all the specificities of the different respective grounds;

| 38. | Believes strongly that the material scope of the new proposal for a directive to combat discrimination within the meaning of Article 13 of the EC Treaty must be broad, covering all the areas that fall within the Community's competence as well as education, life-long learning, social protection including social security, housing and healthcare, images of discriminated groups in the media and advertising, physical access to information for people with disabilities, telecommunication, electronic communication, transport modes and public spaces, social advantages and access to and supply of goods and services which are available to the public; further believes that the new directive should also develop the scope of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (4) to make it is consistent with the protection of discrimination against the other groups; |
| --- | --- |

38.

Believes strongly that the material scope of the new proposal for a directive to combat discrimination within the meaning of Article 13 of the EC Treaty must be broad, covering all the areas that fall within the Community's competence as well as education, life-long learning, social protection including social security, housing and healthcare, images of discriminated groups in the media and advertising, physical access to information for people with disabilities, telecommunication, electronic communication, transport modes and public spaces, social advantages and access to and supply of goods and services which are available to the public; further believes that the new directive should also develop the scope of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (4) to make it is consistent with the protection of discrimination against the other groups;

| 39. | Is firmly convinced that in combating discrimination, a holistic approach to raising public awareness must be developed, beginning with school programmes; |
| --- | --- |

39.

Is firmly convinced that in combating discrimination, a holistic approach to raising public awareness must be developed, beginning with school programmes;

| 40. | Calls on the Commission to investigate how future legislation based on Article 13 can incorporate further provisions promoting the implementation of the principles of non-discrimination and equality which are not dependent on complaints being made by individual victims; believes that that investigation should consider how future legislation can create obligations to introduce positive action and/or positive duties to promote equality, and link obligations related to non-discrimination and equality to national public procurement policy; |
| --- | --- |

40.

Calls on the Commission to investigate how future legislation based on Article 13 can incorporate further provisions promoting the implementation of the principles of non-discrimination and equality which are not dependent on complaints being made by individual victims; believes that that investigation should consider how future legislation can create obligations to introduce positive action and/or positive duties to promote equality, and link obligations related to non-discrimination and equality to national public procurement policy;

| 41. | Takes the view that differences in treatment based on nationality or language, which are neither objectively and reasonably justified by a legitimate aim nor achieved by appropriate and necessary means, may constitute indirect discrimination on the grounds of racial or ethnic origin contrary to Directive 2000/43/EC; |
| --- | --- |

41.

Takes the view that differences in treatment based on nationality or language, which are neither objectively and reasonably justified by a legitimate aim nor achieved by appropriate and necessary means, may constitute indirect discrimination on the grounds of racial or ethnic origin contrary to Directive 2000/43/EC;

| 42. | Considers that discrimination must also be seen as interfering with the four fundamental freedoms — particularly the freedom of movement for persons — and as such constitutes an obstacle to the functioning of the internal market; calls on the Commission to encourage the Member States to review their transitional provisions regulating access to their labour markets in order to eliminate differentiation between European citizens in this respect; |
| --- | --- |

42.

Considers that discrimination must also be seen as interfering with the four fundamental freedoms — particularly the freedom of movement for persons — and as such constitutes an obstacle to the functioning of the internal market; calls on the Commission to encourage the Member States to review their transitional provisions regulating access to their labour markets in order to eliminate differentiation between European citizens in this respect;

| 43. | Considers that minority communities, and in particular the Roma community, need specific social protection, since their problems of exploitation, discrimination and exclusion have become even more acute in the areas of education, health, housing, employment and women's rights following recent enlargements of the European Union; |
| --- | --- |

43.

Considers that minority communities, and in particular the Roma community, need specific social protection, since their problems of exploitation, discrimination and exclusion have become even more acute in the areas of education, health, housing, employment and women's rights following recent enlargements of the European Union;

| 44. | Recommends that, as regards access to high-quality education for disadvantaged and Roma children and their unjustified classification as disabled, special attention be paid to fighting all forms of discrimination encountered in the field of education; |
| --- | --- |

44.

Recommends that, as regards access to high-quality education for disadvantaged and Roma children and their unjustified classification as disabled, special attention be paid to fighting all forms of discrimination encountered in the field of education;

| 45. | Emphasises, that legislation is effective only when citizens are aware of their rights and have easy access to the courts; therefore believes that the new proposal for a directive to combat discrimination within the meaning of Article 13 of the EC Treaty must also address remedies and enforcement and recommends the establishment by Member States of one or more independent and effective bodies for the promotion of equal treatment and for combating the various forms of discrimination, with a remit to cover all grounds of discrimination under Article 13, and all areas covered by Directive 76/207/EEC; believes that the competence of those bodies should include providing independent assistance to the victims of discrimination in order to enable them to pursue their complaints about discrimination, conducting independent surveys about the application of non-discrimination legislation and making recommendations on any issue relating to such discrimination; |
| --- | --- |

45.

Emphasises, that legislation is effective only when citizens are aware of their rights and have easy access to the courts; therefore believes that the new proposal for a directive to combat discrimination within the meaning of Article 13 of the EC Treaty must also address remedies and enforcement and recommends the establishment by Member States of one or more independent and effective bodies for the promotion of equal treatment and for combating the various forms of discrimination, with a remit to cover all grounds of discrimination under Article 13, and all areas covered by Directive 76/207/EEC; believes that the competence of those bodies should include providing independent assistance to the victims of discrimination in order to enable them to pursue their complaints about discrimination, conducting independent surveys about the application of non-discrimination legislation and making recommendations on any issue relating to such discrimination;

| 46. | Calls for an obligation to be included in any future legislation under Article 13 of the EC Treaty to consult and include NGOs, independent specialised equality bodies, and representative national organisations, in regard to the drafting, the transposition process and the monitoring of its implementation; |
| --- | --- |

46.

Calls for an obligation to be included in any future legislation under Article 13 of the EC Treaty to consult and include NGOs, independent specialised equality bodies, and representative national organisations, in regard to the drafting, the transposition process and the monitoring of its implementation;

| 47. | Believes that the new directive should include a requirement that Member States implement equality mainstreaming in all planning, policy making and programme development in the areas covered by the directive, that service providers be organised and systematic in their approach to equality, and that service providers make adjustments and provide special treatment to ensure that members of minority groups that are experiencing inequality can access and benefit from the services provided; |
| --- | --- |

47.

Believes that the new directive should include a requirement that Member States implement equality mainstreaming in all planning, policy making and programme development in the areas covered by the directive, that service providers be organised and systematic in their approach to equality, and that service providers make adjustments and provide special treatment to ensure that members of minority groups that are experiencing inequality can access and benefit from the services provided;

| 48. | Notes with concern that while 19 Member States have signed Protocol No 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, only 5 have ratified that Protocol; |
| --- | --- |

48.

Notes with concern that while 19 Member States have signed Protocol No 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, only 5 have ratified that Protocol;

| 49. | Calls for the continuation of the process of signature, conclusion and ratification of the Convention on the Rights of Persons with Disabilities, including its Optional Protocol, and recalls that, following ratification of the Convention by the Community, any proposed Community non-discrimination legislation must comply with its requirements in full; reminds the Council about its call on the Commission, made at the informal ministerial conference on disability in June 2007, to launch a European strategy for the effective implementation of the Convention; calls upon the Commission, within that framework, to evaluate the need to amend secondary Community legislation or adapt relevant policies; |
| --- | --- |

49.

Calls for the continuation of the process of signature, conclusion and ratification of the Convention on the Rights of Persons with Disabilities, including its Optional Protocol, and recalls that, following ratification of the Convention by the Community, any proposed Community non-discrimination legislation must comply with its requirements in full; reminds the Council about its call on the Commission, made at the informal ministerial conference on disability in June 2007, to launch a European strategy for the effective implementation of the Convention; calls upon the Commission, within that framework, to evaluate the need to amend secondary Community legislation or adapt relevant policies;

| 50. | Stresses the importance of horizontal implementation and mainstreaming of the non-discrimination clause of the Treaty of Lisbon after it comes into force, which commits the European Union to aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in defining and implementing its policies and activities; |
| --- | --- |

50.

Stresses the importance of horizontal implementation and mainstreaming of the non-discrimination clause of the Treaty of Lisbon after it comes into force, which commits the European Union to aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in defining and implementing its policies and activities;

| 51. | Calls on the Commission and the Member States to mainstream equal opportunities and non-discrimination in the Lisbon Strategy for growth and employment, the guidelines for the open method of coordination on social inclusion, and national reform programmes and the regulations governing the structural funds; calls on the Commission and the Member States, therefore, to revise the Integrated Guidelines for Growth and Jobs and, in particular, the Employment Guidelines in order to ensure and improve the integration and visibility of the social dimension in the next cycle of the Lisbon Strategy; emphasises that in order to be effective equality and non-discrimination policies need to be strongly linked to social policies with an important role for social partners; |
| --- | --- |

51.

Calls on the Commission and the Member States to mainstream equal opportunities and non-discrimination in the Lisbon Strategy for growth and employment, the guidelines for the open method of coordination on social inclusion, and national reform programmes and the regulations governing the structural funds; calls on the Commission and the Member States, therefore, to revise the Integrated Guidelines for Growth and Jobs and, in particular, the Employment Guidelines in order to ensure and improve the integration and visibility of the social dimension in the next cycle of the Lisbon Strategy; emphasises that in order to be effective equality and non-discrimination policies need to be strongly linked to social policies with an important role for social partners;

| 52. | Calls on the Commission and the Member States to end all discrimination based on the employment contract by ensuring equal treatment for all workers, health and safety protection, provision for working and rest time, freedom of association and representation, protection against unfair dismissal, collective bargaining and collective action; emphasises the importance of access to training as well as the continued protection of acquired rights by covering periods of education and training, improved care opportunities, the maintenance of essential social rights such as pension rights, training rights and the right to unemployment benefits during changes in a person's occupational situation, between employment contracts and between dependent and autonomous employment; |
| --- | --- |

52.

Calls on the Commission and the Member States to end all discrimination based on the employment contract by ensuring equal treatment for all workers, health and safety protection, provision for working and rest time, freedom of association and representation, protection against unfair dismissal, collective bargaining and collective action; emphasises the importance of access to training as well as the continued protection of acquired rights by covering periods of education and training, improved care opportunities, the maintenance of essential social rights such as pension rights, training rights and the right to unemployment benefits during changes in a person's occupational situation, between employment contracts and between dependent and autonomous employment;

| 53. | Instructs its President to forward this resolution to the Council, the Commission and the parliaments and governments of the Member States and candidate countries. |
| --- | --- |

53.

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

---

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

(2)  OJ L 303, 2.12.2000, p. 16.

(3)  OJ C 308, 19.12.2007, p. 1.

(4)  OJ L 39, 14.2.1976, p. 40.

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/30 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/30

---

An Integrated Maritime Policy for the European Union

P6_TA(2008)0213

European Parliament resolution of 20 May 2008 on an integrated maritime policy for the European Union (2008/2009(INI))

(2009/C 279 E/06)

The European Parliament,

| — | having regard to the Commission communication entitled ‘An Integrated Maritime Policy for the European Union’ (COM(2007)0575 — SEC(2007)1283), |
| --- | --- |

—

having regard to the Commission communication entitled ‘An Integrated Maritime Policy for the European Union’ (COM(2007)0575 — SEC(2007)1283),

| — | having regard to the Commission communication entitled ‘Conclusions from the Consultation on a European Maritime Policy’ (COM(2007)0574), |
| --- | --- |

—

having regard to the Commission communication entitled ‘Conclusions from the Consultation on a European Maritime Policy’ (COM(2007)0574),

| — | having regard to the Commission proposal for a joint tripartite declaration establishing a ‘European Maritime Day’ (SEC(2007)1631), |
| --- | --- |

—

having regard to the Commission proposal for a joint tripartite declaration establishing a ‘European Maritime Day’ (SEC(2007)1631),

| — | having regard to the Commission Green Paper entitled ‘Towards a future maritime policy for the Union: a European vision for the oceans and seas’ (COM(2006)0275) and the Parliament's resolution of 12 July 2007 (1), |
| --- | --- |

—

having regard to the Commission Green Paper entitled ‘Towards a future maritime policy for the Union: a European vision for the oceans and seas’ (COM(2006)0275) and the Parliament's resolution of 12 July 2007 (1),

| — | having regard to the Presidency conclusions of the European Council of 8-9 March 2007 on the adoption by the European Council of a ‘European Council Action Plan (2007-2009) — Energy Policy for Europe’, |
| --- | --- |

—

having regard to the Presidency conclusions of the European Council of 8-9 March 2007 on the adoption by the European Council of a ‘European Council Action Plan (2007-2009) — Energy Policy for Europe’,

| — | having regard to the Commission communication entitled ‘20 20 by 2020 — Europe's climate change opportunity’ (COM(2008)0030), |
| --- | --- |

—

having regard to the Commission communication entitled ‘20 20 by 2020 — Europe's climate change opportunity’ (COM(2008)0030),

| — | having regard to the provisions laid down in the Maritime Labour Convention, 2006, adopted by the International Labour Organization (ILO) on 23 February 2006, a single instrument encompassing and adapting the maritime labour conventions adopted by the ILO since 1919, |
| --- | --- |

—

having regard to the provisions laid down in the Maritime Labour Convention, 2006, adopted by the International Labour Organization (ILO) on 23 February 2006, a single instrument encompassing and adapting the maritime labour conventions adopted by the ILO since 1919,

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on Regional Development, the Committee on Industry, Research and Energy and the Committee on Fisheries (A6-0163/2008), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on Regional Development, the Committee on Industry, Research and Energy and the Committee on Fisheries (A6-0163/2008),

| A. | whereas the oceans and seas are essential economic and environmental factors for the EU; whereas the EU, through its coastal and outermost regions, offers 320 000 km of coastline which is home to a third of Europe's population, |
| --- | --- |

A.

whereas the oceans and seas are essential economic and environmental factors for the EU; whereas the EU, through its coastal and outermost regions, offers 320 000 km of coastline which is home to a third of Europe's population,

| B. | whereas marine-based industries and services, together with the coastal regions, contribute 40 % of EU GDP, |
| --- | --- |

B.

whereas marine-based industries and services, together with the coastal regions, contribute 40 % of EU GDP,

| C. | whereas climate change is the greatest challenge of all policies in the 21st century; having regard to the threat posed to coastal regions by the climate-induced rise in sea levels, which may be on a massive scale, with drastic consequences for residents, |
| --- | --- |

C.

whereas climate change is the greatest challenge of all policies in the 21st century; having regard to the threat posed to coastal regions by the climate-induced rise in sea levels, which may be on a massive scale, with drastic consequences for residents,

| D. | whereas on the one hand the EU's maritime regions, and particularly its outermost regions, play a very important role regarding safety and security against criminal acts such as illegal immigration, terrorism and smuggling and yet on the other hand they are exposed to specific environmental disasters, |
| --- | --- |

D.

whereas on the one hand the EU's maritime regions, and particularly its outermost regions, play a very important role regarding safety and security against criminal acts such as illegal immigration, terrorism and smuggling and yet on the other hand they are exposed to specific environmental disasters,

| E. | whereas in the last year criminal assaults against Community fishing, merchant and passenger vessels, in international waters near the African coasts have increased in number and frequency, posing a great risk to the lives of the crew, and having a significant negative impact on international trade, |
| --- | --- |

E.

whereas in the last year criminal assaults against Community fishing, merchant and passenger vessels, in international waters near the African coasts have increased in number and frequency, posing a great risk to the lives of the crew, and having a significant negative impact on international trade,

| 1. | Welcomes the adoption by the Commission of the abovementioned communications and the Action Plan presented in the abovementioned staff working document; |
| --- | --- |

1.

Welcomes the adoption by the Commission of the abovementioned communications and the Action Plan presented in the abovementioned staff working document;

| 2. | Reaffirms its resolution of 12 July 2007 and welcomes the fact that the Commission has taken over a fair proportion of the requests made by the Parliament, at least to some extent; |
| --- | --- |

2.

Reaffirms its resolution of 12 July 2007 and welcomes the fact that the Commission has taken over a fair proportion of the requests made by the Parliament, at least to some extent;

| 3. | Points out that the exceptional maritime dimension conferred on the EU by its coasts and its outermost regions offers unique opportunities as regards innovation, research, the environment, and biodiversity, which must be taken into account in the integrated maritime policy for the EU, and points out that the outermost regions, moreover, provide excellent communication bases for transport and security purposes at EU and global level; |
| --- | --- |

3.

Points out that the exceptional maritime dimension conferred on the EU by its coasts and its outermost regions offers unique opportunities as regards innovation, research, the environment, and biodiversity, which must be taken into account in the integrated maritime policy for the EU, and points out that the outermost regions, moreover, provide excellent communication bases for transport and security purposes at EU and global level;

| 4. | Emphatically supports the Commission's intention to exploit the potential of short sea shipping and inland waterway transport between the Member States and to integrate this rapidly into the single market and welcomes the Commission's intention to speed up its proposals for a common maritime transport area together with a comprehensive maritime transport strategy for 2008-2018; |
| --- | --- |

4.

Emphatically supports the Commission's intention to exploit the potential of short sea shipping and inland waterway transport between the Member States and to integrate this rapidly into the single market and welcomes the Commission's intention to speed up its proposals for a common maritime transport area together with a comprehensive maritime transport strategy for 2008-2018;

| 5. | Encourages Member States to strengthen cooperation among themselves and with neighbouring countries for the appropriate use of TEN-T and other European financing mechanisms (such as Marco Polo) in order to accomplish the Motorways of the Sea and Short Sea Shipping Networks projects; |
| --- | --- |

5.

Encourages Member States to strengthen cooperation among themselves and with neighbouring countries for the appropriate use of TEN-T and other European financing mechanisms (such as Marco Polo) in order to accomplish the Motorways of the Sea and Short Sea Shipping Networks projects;

| 6. | Welcomes the Commission's intention to improve coordination with the European agencies responsible for maritime surveillance, underlining especially the prevention of illegal activities (human and drug trafficking, illegal immigration and terrorist threats) with special focus on international waters; |
| --- | --- |

6.

Welcomes the Commission's intention to improve coordination with the European agencies responsible for maritime surveillance, underlining especially the prevention of illegal activities (human and drug trafficking, illegal immigration and terrorist threats) with special focus on international waters;

| 7. | Welcomes the initiative by the Commission to start a European network for maritime surveillance and promote improved cooperation between Member States' coastguards; calls on the Commission to come up with the results of the feasibility study on a European coastguard, which was due to be published and presented to the Parliament and the Council by the end of 2006; |
| --- | --- |

7.

Welcomes the initiative by the Commission to start a European network for maritime surveillance and promote improved cooperation between Member States' coastguards; calls on the Commission to come up with the results of the feasibility study on a European coastguard, which was due to be published and presented to the Parliament and the Council by the end of 2006;

| 8. | Takes the view that maritime clusters are particularly well placed to make a contribution to achieving an integrated maritime policy; calls on the Commission to make a prompt start with the project for a European network of maritime clusters; |
| --- | --- |

8.

Takes the view that maritime clusters are particularly well placed to make a contribution to achieving an integrated maritime policy; calls on the Commission to make a prompt start with the project for a European network of maritime clusters;

| 9. | Supports the proposal to establish an annual ‘European Maritime Day’ on 20 May; considers that such an action day should be used to highlight the significance of maritime policy outside maritime circles, with the participation of ordinary citizens, schools, universities and non-governmental organisations; reminds the Commission of its proposal for a prize to be awarded to exemplary maritime regions as a way of promoting best practice; |
| --- | --- |

9.

Supports the proposal to establish an annual ‘European Maritime Day’ on 20 May; considers that such an action day should be used to highlight the significance of maritime policy outside maritime circles, with the participation of ordinary citizens, schools, universities and non-governmental organisations; reminds the Commission of its proposal for a prize to be awarded to exemplary maritime regions as a way of promoting best practice;

| 10. | Takes the overall view, however, that the Action Plan includes too few practical measures and encourages the Commission to be more ambitious in future in using the instruments at its disposal under the Treaties; |
| --- | --- |

10.

Takes the overall view, however, that the Action Plan includes too few practical measures and encourages the Commission to be more ambitious in future in using the instruments at its disposal under the Treaties;

| 11. | Regrets the fact that the Action Plan addresses the challenges of climate change only in a non-binding way; reaffirms its view that one task of a European maritime policy has to be to prepare for and to adapt to the consequences of climate change, and, as a matter of urgency, lay down the adjustment measures required, especially in view of the melting of glaciers leading to the rise in sea levels, together with the increased risk of flooding of ports and coastal regions, and in this connection calls for all relevant policies, and in particular research policy, to play their part; |
| --- | --- |

11.

Regrets the fact that the Action Plan addresses the challenges of climate change only in a non-binding way; reaffirms its view that one task of a European maritime policy has to be to prepare for and to adapt to the consequences of climate change, and, as a matter of urgency, lay down the adjustment measures required, especially in view of the melting of glaciers leading to the rise in sea levels, together with the increased risk of flooding of ports and coastal regions, and in this connection calls for all relevant policies, and in particular research policy, to play their part;

| 12. | Recalls the fact that the melting of glaciers causes not only a rise in sea levels but also irreparable damage to human, animal and plant life and therefore welcomes the Commission's intention to put forward an Arctic Initiative and calls on the scientific community and decision makers to further explore possibilities for protecting the polar ice caps; |
| --- | --- |

12.

Recalls the fact that the melting of glaciers causes not only a rise in sea levels but also irreparable damage to human, animal and plant life and therefore welcomes the Commission's intention to put forward an Arctic Initiative and calls on the scientific community and decision makers to further explore possibilities for protecting the polar ice caps;

| 13. | Maintains that sound management of the seas requires sound management of coastal areas and that construction projects on EU coasts must therefore make provision in every case for the consequences of climate change and the resulting rise in the sea level, the erosion of sands, and the increase in the frequency and violence of storms; |
| --- | --- |

13.

Maintains that sound management of the seas requires sound management of coastal areas and that construction projects on EU coasts must therefore make provision in every case for the consequences of climate change and the resulting rise in the sea level, the erosion of sands, and the increase in the frequency and violence of storms;

| 14. | Supports the target set by the European Council of March 2007 of halving greenhouse gas emissions by 2050, and reaffirms its call for maritime policy to make a substantial contribution to reducing these emissions; this should include incorporating shipping into the emissions trading scheme and enhancing research efforts both with regard to exploiting the seas as a source of renewable energy and with a view to developing cleaner new ship propulsion technologies; considers that if Europe leads the way in combating climate change this could strengthen and develop its leading role in environmental technology and research; |
| --- | --- |

14.

Supports the target set by the European Council of March 2007 of halving greenhouse gas emissions by 2050, and reaffirms its call for maritime policy to make a substantial contribution to reducing these emissions; this should include incorporating shipping into the emissions trading scheme and enhancing research efforts both with regard to exploiting the seas as a source of renewable energy and with a view to developing cleaner new ship propulsion technologies; considers that if Europe leads the way in combating climate change this could strengthen and develop its leading role in environmental technology and research;

| 15. | Calls emphatically on the Commission to be more ambitious in combating sulphur and nitrogen oxide emissions, as well as solid waste from ships; in this connection, reiterates the need for closer cooperation with the International Maritime Organization (IMO) and, in particular, its calls for:






  — | the introduction of nitrogen oxide emission standards for ships using EU ports; |
| --- | --- | --- |

15.

Calls emphatically on the Commission to be more ambitious in combating sulphur and nitrogen oxide emissions, as well as solid waste from ships; in this connection, reiterates the need for closer cooperation with the International Maritime Organization (IMO) and, in particular, its calls for:

—

the introduction of nitrogen oxide emission standards for ships using EU ports;

| — | the designation of the Mediterranean Sea, the Black Sea and the North-East Atlantic as Sulphur Emission Control Areas (SECAs) under the International Convention for the Prevention of Pollution from Ships (Marpol Convention); |
| --- | --- |

—

the designation of the Mediterranean Sea, the Black Sea and the North-East Atlantic as Sulphur Emission Control Areas (SECAs) under the International Convention for the Prevention of Pollution from Ships (Marpol Convention);

| — | the reduction of the maximum permitted sulphur content in marine fuels used in SECAs by passenger vessels from 1,5 % to 0,5 %; |
| --- | --- |

—

the reduction of the maximum permitted sulphur content in marine fuels used in SECAs by passenger vessels from 1,5 % to 0,5 %;

| — | the introduction of fiscal measures, such as taxes or charges on sulphur dioxide and nitrogen oxide emissions from ships and the identification of ways of imposing such measures and charges on all ships, regardless of flag, putting into Community ports or sailing within the waters of EU Member States; |
| --- | --- |

—

the introduction of fiscal measures, such as taxes or charges on sulphur dioxide and nitrogen oxide emissions from ships and the identification of ways of imposing such measures and charges on all ships, regardless of flag, putting into Community ports or sailing within the waters of EU Member States;

| — | promotion of the introduction of differentiated harbour and waterway charges to favour ships with low sulphur dioxide and nitrogen oxide emissions; |
| --- | --- |

—

promotion of the introduction of differentiated harbour and waterway charges to favour ships with low sulphur dioxide and nitrogen oxide emissions;

| — | the gradual introduction of a requirement for ships at ports to use land-based electricity |
| --- | --- |

—

the gradual introduction of a requirement for ships at ports to use land-based electricity

| — | a proposal for an EU directive on the quality of marine fuels; |
| --- | --- |

—

a proposal for an EU directive on the quality of marine fuels;

| 16. | Welcomes the measures adopted for satellite monitoring of uncontrolled discharges at sea as practised by certain vessels; calls, nonetheless, for rules to oblige vessels to use inviolable (and patented) devices of the ‘black box’ type enabling the registration at close intervals of the levels and nature of the liquids entering or leaving tanks and bilges; considers that the examination of such registers would make it possible to determine whether there have been uncontrolled and illegal discharges of residues of polluting fuels; |
| --- | --- |

16.

Welcomes the measures adopted for satellite monitoring of uncontrolled discharges at sea as practised by certain vessels; calls, nonetheless, for rules to oblige vessels to use inviolable (and patented) devices of the ‘black box’ type enabling the registration at close intervals of the levels and nature of the liquids entering or leaving tanks and bilges; considers that the examination of such registers would make it possible to determine whether there have been uncontrolled and illegal discharges of residues of polluting fuels;

| 17. | Reiterates its call on the Member States and the Commission, in view of the air pollution affecting many port towns and regions, to provide significantly better incentives for the provision of land-based electricity for ships in port; calls, therefore, for a proposal for an amendment to Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (2), whereby those Member States which take advantage of the tax exemption on bunker oil pursuant to Article 14 of that Directive would be required to exempt land-based electricity from tax to the same extent; points out that the equal treatment for tax purposes of electricity and bunker oil would be a major incentive for ports and ship-owners to help reduce air pollution in port towns by investing in the electricity supply for ships in port; |
| --- | --- |

17.

Reiterates its call on the Member States and the Commission, in view of the air pollution affecting many port towns and regions, to provide significantly better incentives for the provision of land-based electricity for ships in port; calls, therefore, for a proposal for an amendment to Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (2), whereby those Member States which take advantage of the tax exemption on bunker oil pursuant to Article 14 of that Directive would be required to exempt land-based electricity from tax to the same extent; points out that the equal treatment for tax purposes of electricity and bunker oil would be a major incentive for ports and ship-owners to help reduce air pollution in port towns by investing in the electricity supply for ships in port;

| 18. | Points out, once again, that land-based pollution of the seas constitutes a significant proportion of overall maritime pollution and that the Commission has so far not got to grips with this issue; therefore reiterates its call for the Commission to put forward an action plan to reduce such pollution, and highlights its call for the Member States to act promptly to transpose the legislation in this field, such as the water framework Directive (3), into national law; stresses that an action plan to identify and remove old munitions from past wars dumped in the North Sea and the Baltic forms part of the transposition of the water framework Directive; |
| --- | --- |

18.

Points out, once again, that land-based pollution of the seas constitutes a significant proportion of overall maritime pollution and that the Commission has so far not got to grips with this issue; therefore reiterates its call for the Commission to put forward an action plan to reduce such pollution, and highlights its call for the Member States to act promptly to transpose the legislation in this field, such as the water framework Directive (3), into national law; stresses that an action plan to identify and remove old munitions from past wars dumped in the North Sea and the Baltic forms part of the transposition of the water framework Directive;

| 19. | Urges the Commission to help Member States to launch a plan to survey and map wrecked ships and submerged archaeological sites — since these form part of the Community's historic and cultural heritage — and hence to facilitate understanding and the study of such sites and help prevent the despoliation to which they are being subjected, thus enabling them to be properly preserved; |
| --- | --- |

19.

Urges the Commission to help Member States to launch a plan to survey and map wrecked ships and submerged archaeological sites — since these form part of the Community's historic and cultural heritage — and hence to facilitate understanding and the study of such sites and help prevent the despoliation to which they are being subjected, thus enabling them to be properly preserved;

| 20. | Urges the institutions involved to adopt the Erika III maritime package as quickly as possible and calls on the Member States to start implementing the package without delay, with a view to providing the legal means necessary to avert or remedy accidents or incidents with disastrous consequences for the development of maritime regions, the Erika and the Prestige accidents being two such examples; |
| --- | --- |

20.

Urges the institutions involved to adopt the Erika III maritime package as quickly as possible and calls on the Member States to start implementing the package without delay, with a view to providing the legal means necessary to avert or remedy accidents or incidents with disastrous consequences for the development of maritime regions, the Erika and the Prestige accidents being two such examples;

| 21. | Considers that the Marine Strategy Framework Directive (4) should constitute the environmental cornerstone of the integrated maritime policy for the EU; notes that the Directive states that regions in which the state of the sea is critical should draw up and implement faster measures to achieve good environmental status; emphasises that in such regions, it is particularly important that the Commission should coordinate different sectors, programmes and strategies and provide sufficient financial support; points out that in order to achieve such an integrated maritime policy, it is necessary to include land-based activities such as agriculture, waste water management, transport and energy production; believes that such regions can constitute pilot areas for a genuine and fully integrated maritime policy; |
| --- | --- |

21.

Considers that the Marine Strategy Framework Directive (4) should constitute the environmental cornerstone of the integrated maritime policy for the EU; notes that the Directive states that regions in which the state of the sea is critical should draw up and implement faster measures to achieve good environmental status; emphasises that in such regions, it is particularly important that the Commission should coordinate different sectors, programmes and strategies and provide sufficient financial support; points out that in order to achieve such an integrated maritime policy, it is necessary to include land-based activities such as agriculture, waste water management, transport and energy production; believes that such regions can constitute pilot areas for a genuine and fully integrated maritime policy;

| 22. | Welcomes the Commission's stocktaking with regard to the exclusion of seafarers from a number of areas of European social and labour protection rules (e.g. Directive 98/59/EC (5) on collective redundancies, Directive 2001/23/EC (6) on the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, Directive 2002/14/EC (7) on informing and consulting employees and Directive 96/71/EC (8) concerning the posting of workers in the framework of the provision of services); proposes that these directives be revised in close cooperation with the social partners; |
| --- | --- |

22.

Welcomes the Commission's stocktaking with regard to the exclusion of seafarers from a number of areas of European social and labour protection rules (e.g. Directive 98/59/EC (5) on collective redundancies, Directive 2001/23/EC (6) on the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, Directive 2002/14/EC (7) on informing and consulting employees and Directive 96/71/EC (8) concerning the posting of workers in the framework of the provision of services); proposes that these directives be revised in close cooperation with the social partners;

| 23. | Urges those Member States which have not yet done so to ratify, as soon as possible, the Maritime Labour Convention, 2006, adopted with a view to improving the living and working conditions of seafarers and to preventing unfair competition in the shipping industry by updating and codifying the entire body of international labour standards in force; |
| --- | --- |

23.

Urges those Member States which have not yet done so to ratify, as soon as possible, the Maritime Labour Convention, 2006, adopted with a view to improving the living and working conditions of seafarers and to preventing unfair competition in the shipping industry by updating and codifying the entire body of international labour standards in force;

| 24. | Urges the Commission to update Directive 1999/95/EC (9) on seafarers' hours of work, and the legislation on matters falling under the Commission's responsibility but not covered, or covered only in part, at Community level, for instance the rules governing temporary recruitment agencies or a worker's right to have a signed employment contract; |
| --- | --- |

24.

Urges the Commission to update Directive 1999/95/EC (9) on seafarers' hours of work, and the legislation on matters falling under the Commission's responsibility but not covered, or covered only in part, at Community level, for instance the rules governing temporary recruitment agencies or a worker's right to have a signed employment contract;

| 25. | Considers the involvement of regional and local partners to be essential in order to make a success of maritime policy; maintains, therefore, that there must be closer cooperation and interconnection between European coastal regions, to be achieved by promoting coordinated strategies to foster development and competitiveness and by dovetailing the different tiers of governance more effectively; |
| --- | --- |

25.

Considers the involvement of regional and local partners to be essential in order to make a success of maritime policy; maintains, therefore, that there must be closer cooperation and interconnection between European coastal regions, to be achieved by promoting coordinated strategies to foster development and competitiveness and by dovetailing the different tiers of governance more effectively;

| 26. | Renews its call for the approach to an integrated maritime policy for the EU to be continued in future and calls on the Commission to strengthen the political framework thereof, as well as the territorial, social, and economic cohesion providing the link to inland Europe and its constituent policies; proposes that a report on European maritime policy be published every two years and that a regular public exchange of views be held with all those involved; calls on future Council presidencies to deal with maritime policy as part of their work programmes; over and above this, calls for all maritime-related projects supported by EU funding to be clearly identified annually by the Commission; |
| --- | --- |

26.

Renews its call for the approach to an integrated maritime policy for the EU to be continued in future and calls on the Commission to strengthen the political framework thereof, as well as the territorial, social, and economic cohesion providing the link to inland Europe and its constituent policies; proposes that a report on European maritime policy be published every two years and that a regular public exchange of views be held with all those involved; calls on future Council presidencies to deal with maritime policy as part of their work programmes; over and above this, calls for all maritime-related projects supported by EU funding to be clearly identified annually by the Commission;

| 27. | Welcomes the Commission's initiative to promote negotiations for better management of sea-sharing with third countries and strongly supports the increased cooperation with neighbouring countries for the protection of seas beyond national jurisdictions; |
| --- | --- |

27.

Welcomes the Commission's initiative to promote negotiations for better management of sea-sharing with third countries and strongly supports the increased cooperation with neighbouring countries for the protection of seas beyond national jurisdictions;

| 28. | Urges the Commission and the Member States to support actively, in the framework of the UN and the IMO, the initiative promoted by several Member States, to extend the right of sea and air pursuit to the territorial waters of the coastal states, provided the countries concerned agree, as well as to develop a mechanism of mutual assistance against cases of maritime piracy; |
| --- | --- |

28.

Urges the Commission and the Member States to support actively, in the framework of the UN and the IMO, the initiative promoted by several Member States, to extend the right of sea and air pursuit to the territorial waters of the coastal states, provided the countries concerned agree, as well as to develop a mechanism of mutual assistance against cases of maritime piracy;

| 29. | Asks the Commission to set up, in the framework of the new Integrated Maritime Policy, a Community system for coordination and mutual assistance, that would allow naval vessels flying the flag of a Member State deployed in international waters, to protect fishing and merchant vessels from other Member States, at the earliest possible opportunity; |
| --- | --- |

29.

Asks the Commission to set up, in the framework of the new Integrated Maritime Policy, a Community system for coordination and mutual assistance, that would allow naval vessels flying the flag of a Member State deployed in international waters, to protect fishing and merchant vessels from other Member States, at the earliest possible opportunity;

| 30. | Considers that a comprehensive European Strategy for Marine and Maritime research is of major importance and must be properly financed, already within the seventh research framework programme and in future programmes; |
| --- | --- |

30.

Considers that a comprehensive European Strategy for Marine and Maritime research is of major importance and must be properly financed, already within the seventh research framework programme and in future programmes;

| 31. | Declares itself in favour of maritime policy being given appropriate consideration in the EU budget and instruments after 2013 and calls for this to be reflected in summaries in the regular reports on the European maritime policy; |
| --- | --- |

31.

Declares itself in favour of maritime policy being given appropriate consideration in the EU budget and instruments after 2013 and calls for this to be reflected in summaries in the regular reports on the European maritime policy;

| 32. | Also welcomes the recommendation issued by the European Council of 14 December 2007 to the effect that maritime policy should be adapted to the various specific features of the Member States and maritime regions, including coastal regions, islands, and the outermost regions; |
| --- | --- |

32.

Also welcomes the recommendation issued by the European Council of 14 December 2007 to the effect that maritime policy should be adapted to the various specific features of the Member States and maritime regions, including coastal regions, islands, and the outermost regions;

| 33. | Whilst acknowledging the competence of the Member States in this field, awaits with interest the publication by the Commission of a road map to facilitate the development by Member States of maritime spatial planning; points to the need to maintain the appropriate balance between economic, social, territorial, and environmental considerations; |
| --- | --- |

33.

Whilst acknowledging the competence of the Member States in this field, awaits with interest the publication by the Commission of a road map to facilitate the development by Member States of maritime spatial planning; points to the need to maintain the appropriate balance between economic, social, territorial, and environmental considerations;

| 34. | Points out that the exceptional maritime dimension which the coastal regions, islands, and the outermost regions bring to the EU offers unique opportunities as regards innovation, research, the environment, biodiversity, the development of innovative sea-based technologies and other areas, and that the future integrated maritime policy must capitalise on these opportunities; recognises the desirability of setting up centres of excellence and recommends that encouragement and support be given to the university research centres already present in coastal areas; |
| --- | --- |

34.

Points out that the exceptional maritime dimension which the coastal regions, islands, and the outermost regions bring to the EU offers unique opportunities as regards innovation, research, the environment, biodiversity, the development of innovative sea-based technologies and other areas, and that the future integrated maritime policy must capitalise on these opportunities; recognises the desirability of setting up centres of excellence and recommends that encouragement and support be given to the university research centres already present in coastal areas;

| 35. | Points to the importance of wave power as an alternative clean energy source and calls on the Commission to take this form of energy into account in future action plans; |
| --- | --- |

35.

Points to the importance of wave power as an alternative clean energy source and calls on the Commission to take this form of energy into account in future action plans;

| 36. | Takes the view that the key objective of the integrated maritime policy for the European Union in the field of fisheries should be to promote the modernisation and sustainable, balanced and fair development of the industry throughout the EU, safeguarding its socio-economic viability and the sustainability of resources and guaranteeing food sovereignty and food security, the supply of fish to the public, job preservation and improved living conditions for fishermen; |
| --- | --- |

36.

Takes the view that the key objective of the integrated maritime policy for the European Union in the field of fisheries should be to promote the modernisation and sustainable, balanced and fair development of the industry throughout the EU, safeguarding its socio-economic viability and the sustainability of resources and guaranteeing food sovereignty and food security, the supply of fish to the public, job preservation and improved living conditions for fishermen;

| 37. | Considers that, to date, neither the sustainability of marine resources nor the economic viability of the EU's fishing fleets and coastal communities has been well served by the Common Fisheries Policy (CFP) and that, accordingly, the integrated maritime policy for the European Union should be developed in such a way as to avoid failings in the CFP such as over-centralisation and the failure to take account of the regional diversity of the EU's waters; |
| --- | --- |

37.

Considers that, to date, neither the sustainability of marine resources nor the economic viability of the EU's fishing fleets and coastal communities has been well served by the Common Fisheries Policy (CFP) and that, accordingly, the integrated maritime policy for the European Union should be developed in such a way as to avoid failings in the CFP such as over-centralisation and the failure to take account of the regional diversity of the EU's waters;

| 38. | Believes that creating more and better seafaring jobs, particularly in the fishing industry, also depends on a guarantee of a fair and adequate income, proper working conditions (including health and safety) and access to training for people working in the industry; |
| --- | --- |

38.

Believes that creating more and better seafaring jobs, particularly in the fishing industry, also depends on a guarantee of a fair and adequate income, proper working conditions (including health and safety) and access to training for people working in the industry;

| 39. | Calls for mutual recognition by the Member States of intermediate diplomas for the occupations of steersman and mechanic for fishing vessels; |
| --- | --- |

39.

Calls for mutual recognition by the Member States of intermediate diplomas for the occupations of steersman and mechanic for fishing vessels;

| 40. | Reiterates the need for mechanisms to subsidise or compensate fishermen who are affected by the socio-economic repercussions of stock recovery plans or measures to protect ecosystems, especially in less favoured regions and communities and the outermost regions; |
| --- | --- |

40.

Reiterates the need for mechanisms to subsidise or compensate fishermen who are affected by the socio-economic repercussions of stock recovery plans or measures to protect ecosystems, especially in less favoured regions and communities and the outermost regions;

| 41. | Reiterates the need to boost support for scientific fisheries research in the various Member States, particularly under the seventh research framework programme; |
| --- | --- |

41.

Reiterates the need to boost support for scientific fisheries research in the various Member States, particularly under the seventh research framework programme;

| 42. | Calls for Community support for the implementation of effective measures to ensure adequate means of evacuation, assistance and rescue for crews; |
| --- | --- |

42.

Calls for Community support for the implementation of effective measures to ensure adequate means of evacuation, assistance and rescue for crews;

| 43. | Instructs its President to forward this resolution to the Council and Commission, and to the European Economic and Social Committee and the Committee of the Regions. |
| --- | --- |

43.

Instructs its President to forward this resolution to the Council and Commission, and to the European Economic and Social Committee and the Committee of the Regions.

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(1)  Texts Adopted, P6_TA(2007)0343.

(2)  OJ L 283, 31.10.2003, p. 51.

(3)  OJ L 327, 22.12.2000, p. 1.

(4)  Texts Adopted, 11 December 2007, P6_TA(2007)0595.

(5)  OJ L 225, 12.8.1998, p. 16.

(6)  OJ L 82, 22.3.2001, p. 16.

(7)  OJ L 80, 23.3.2002, p. 29.

(8)  OJ L 18, 21.1.1997, p. 1.

(9)  OJ L 14, 20.1.2000, p. 29.

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Wednesday 21 May 2008

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/36 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/36

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A simplified business environment for companies

P6_TA(2008)0220

European Parliament resolution of 21 May 2008 on a simplified business environment for companies in the areas of company law, accounting and auditing (2007/2254(INI))

(2009/C 279 E/07)

The European Parliament,

| — | having regard to the Commission communication on a simplified business environment for companies in the areas of company law, accounting and auditing (COM(2007)0394), |
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—

having regard to the Commission communication on a simplified business environment for companies in the areas of company law, accounting and auditing (COM(2007)0394),

| — | having regard to the Commission communication on A Europe of results — Applying Community law (COM(2007)0502), |
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—

having regard to the Commission communication on A Europe of results — Applying Community law (COM(2007)0502),

| — | having regard to the Commission communication on Small and medium-sized enterprises — Key for delivering more growth and jobs — A mid-term review of Modern SME policy (COM(2007)0592), |
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—

having regard to the Commission communication on Small and medium-sized enterprises — Key for delivering more growth and jobs — A mid-term review of Modern SME policy (COM(2007)0592),

| — | having regard to the conclusions of the 2832nd Competitiveness Council of 22 to 23 November 2007 on a simplified business environment for companies in the areas of company law, accounting and auditing, |
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—

having regard to the conclusions of the 2832nd Competitiveness Council of 22 to 23 November 2007 on a simplified business environment for companies in the areas of company law, accounting and auditing,

| — | having regard to its resolution of 24 April 2008 on International Financial Reporting standards (IFRS) and the Governance of the International Accounting Standards Board (IASB) (1), in which Parliament criticised the IASB proposal for an IFRS for SMEs and asked the Commission to develop a modern EU-specific accounting framework for SMEs, possibly by overhauling the existing accounting legislation; |
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—

having regard to its resolution of 24 April 2008 on International Financial Reporting standards (IFRS) and the Governance of the International Accounting Standards Board (IASB) (1), in which Parliament criticised the IASB proposal for an IFRS for SMEs and asked the Commission to develop a modern EU-specific accounting framework for SMEs, possibly by overhauling the existing accounting legislation;

| — | having regard to Rule 45 of its Rules of Procedure, |
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—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Economic and Monetary Affairs (A6-0101/2008), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Economic and Monetary Affairs (A6-0101/2008),

General

| 1. | Welcomes the general objective of the abovementioned Commission communication on a simplified business environment for companies in the areas of company law, accounting and auditing (the Communication) of reducing the administrative burden for businesses in Europe and enabling them to compete more effectively and achieve greater success in a highly competitive global environment; recalls that the Commission, in its legislative proposals, should base itself on an impact assessment in particular targeting medium, small and micro entity, while ensuring legal certainty and maintaining the Community acquis throughout the internal market and ensuring consistency with the harmonisation processes now in place with regard to financial reporting and auditing; further recalls that the interests of all stakeholders, including investors, owners, creditors and employees, as well as the principles of subsidiarity and proportionality, must be duly taken into account; |
| --- | --- |

1.

Welcomes the general objective of the abovementioned Commission communication on a simplified business environment for companies in the areas of company law, accounting and auditing (the Communication) of reducing the administrative burden for businesses in Europe and enabling them to compete more effectively and achieve greater success in a highly competitive global environment; recalls that the Commission, in its legislative proposals, should base itself on an impact assessment in particular targeting medium, small and micro entity, while ensuring legal certainty and maintaining the Community acquis throughout the internal market and ensuring consistency with the harmonisation processes now in place with regard to financial reporting and auditing; further recalls that the interests of all stakeholders, including investors, owners, creditors and employees, as well as the principles of subsidiarity and proportionality, must be duly taken into account;

On Option 1

| 2. | Rejects, as a generality, the first option referred to in the Communication, namely to address the question whether the Community acquis in the area of company law should be reduced to those legislative acts specifically dealing with cross-border situations; is, however, not totally averse to repealing individual provisions which, from the stakeholders' point of view, are no longer necessary or of benefit to business, provided that such repeal is not contrary to the public interest; |
| --- | --- |

2.

Rejects, as a generality, the first option referred to in the Communication, namely to address the question whether the Community acquis in the area of company law should be reduced to those legislative acts specifically dealing with cross-border situations; is, however, not totally averse to repealing individual provisions which, from the stakeholders' point of view, are no longer necessary or of benefit to business, provided that such repeal is not contrary to the public interest;

| 3. | Notes, in connection with the first option, that the company law directives at issue, namely, the Second (2), Third (3), Sixth (4) and Twelfth (5) Company Law Directives, have created comparability between companies which is important for the cross-border activities of investors and creditors, and should not therefore be repealed; |
| --- | --- |

3.

Notes, in connection with the first option, that the company law directives at issue, namely, the Second (2), Third (3), Sixth (4) and Twelfth (5) Company Law Directives, have created comparability between companies which is important for the cross-border activities of investors and creditors, and should not therefore be repealed;

| 4. | Notes, in connection with the first option, that in a comprehensive impact assessment the savings expected to result from the repeal of directives must be balanced against the cost of an internal market with 27 different systems of company law; |
| --- | --- |

4.

Notes, in connection with the first option, that in a comprehensive impact assessment the savings expected to result from the repeal of directives must be balanced against the cost of an internal market with 27 different systems of company law;

| 5. | Notes that the main bureaucratic obstacles, such as multiple data requests or reporting requirements, particularly in the fiscal and social fields, tend to be generated by the Member States' administrations and fall outside the scope of the Community's competence; |
| --- | --- |

5.

Notes that the main bureaucratic obstacles, such as multiple data requests or reporting requirements, particularly in the fiscal and social fields, tend to be generated by the Member States' administrations and fall outside the scope of the Community's competence;

Implementation by the Member States

| 6. | Stresses that the Member States often fail to make use of optional measures by which to reduce bureaucracy, thus not passing on to companies the opportunities for simplification offered by Community law, and that, on the contrary, Member States often impose stricter national rules in addition to the existing EU requirements; asks the Commission, however, to review whether the implementation of directives such as the Transparency Directive (6) has led to gold-plating by Member States; stresses that the Commission should encourage an exchange of good practices between Member States, while highlighting the effective impact of the various initiatives in the field of simplification; |
| --- | --- |

6.

Stresses that the Member States often fail to make use of optional measures by which to reduce bureaucracy, thus not passing on to companies the opportunities for simplification offered by Community law, and that, on the contrary, Member States often impose stricter national rules in addition to the existing EU requirements; asks the Commission, however, to review whether the implementation of directives such as the Transparency Directive (6) has led to gold-plating by Member States; stresses that the Commission should encourage an exchange of good practices between Member States, while highlighting the effective impact of the various initiatives in the field of simplification;

| 7. | Proposes that coordination be introduced between the Member States' tax authorities, in order to harmonise the information requests made to businesses with the aim of simplification; |
| --- | --- |

7.

Proposes that coordination be introduced between the Member States' tax authorities, in order to harmonise the information requests made to businesses with the aim of simplification;

On Option 2

| 8. | Prefers, in principle, the second option referred to in the Communication, namely that the legislator should focus on concrete, individual simplification measures; notes that any specific simplification measures may include an assessment of whether certain individual requirements in directives should be repealed; |
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8.

Prefers, in principle, the second option referred to in the Communication, namely that the legislator should focus on concrete, individual simplification measures; notes that any specific simplification measures may include an assessment of whether certain individual requirements in directives should be repealed;

| 9. | Stresses that time will be needed in order to evaluate the effects of the changes made to the directives and points out that the Third and Sixth Company Law Directives have recently been amended by Directive 2007/63/EC (7) and that the transposition deadline for Directive 2007/63/EC is 31 December 2008; notes that further amendments of those directives could lead to the harmonised conversion rules being deprived of substance, but considers that more updating is necessary; |
| --- | --- |

9.

Stresses that time will be needed in order to evaluate the effects of the changes made to the directives and points out that the Third and Sixth Company Law Directives have recently been amended by Directive 2007/63/EC (7) and that the transposition deadline for Directive 2007/63/EC is 31 December 2008; notes that further amendments of those directives could lead to the harmonised conversion rules being deprived of substance, but considers that more updating is necessary;

| 10. | Notes that the Second Company Law Directive has recently been amended by Directive 2006/68/EC (8) and that the transposition deadline for that Directive was 15 April 2008; highlights, in this connection, the results of the KPMG feasibility study on an alternative to the capital maintenance regime; |
| --- | --- |

10.

Notes that the Second Company Law Directive has recently been amended by Directive 2006/68/EC (8) and that the transposition deadline for that Directive was 15 April 2008; highlights, in this connection, the results of the KPMG feasibility study on an alternative to the capital maintenance regime;

| 11. | Calls for the Commission to clarify the relationship between the Company Law Directives, in particular the Second, Third and Sixth Company Law Directives, and IFRS; |
| --- | --- |

11.

Calls for the Commission to clarify the relationship between the Company Law Directives, in particular the Second, Third and Sixth Company Law Directives, and IFRS;

| 12. | Stresses that auditing of accounts and disclosure requirements for publicly traded companies are vital to the sound functioning of the internal market, and that new technologies such as electronic reporting formats (e.g. XBRL) should make it possible to meet disclosure requirements economically, efficiently and swiftly; welcomes, with a view to the simplification of the First (9) and Eleventh (10) Company Law Directives, the aim of reducing disclosure requirements; underlines, however, that, as with other simplification measures, disclosure requirements should be reviewed on a case-by-case basis by means of concrete, individual simplification measures based on thorough impact assessments; suggests that exemptions for small and medium-sized enterprises (SMEs) and micro entities should focus on reducing administrative burdens and costs, but should not jeopardise justifiable information needs or access to finance opportunities; encourages sharing of best practices on the simplification and implementation of Community rules; |
| --- | --- |

12.

Stresses that auditing of accounts and disclosure requirements for publicly traded companies are vital to the sound functioning of the internal market, and that new technologies such as electronic reporting formats (e.g. XBRL) should make it possible to meet disclosure requirements economically, efficiently and swiftly; welcomes, with a view to the simplification of the First (9) and Eleventh (10) Company Law Directives, the aim of reducing disclosure requirements; underlines, however, that, as with other simplification measures, disclosure requirements should be reviewed on a case-by-case basis by means of concrete, individual simplification measures based on thorough impact assessments; suggests that exemptions for small and medium-sized enterprises (SMEs) and micro entities should focus on reducing administrative burdens and costs, but should not jeopardise justifiable information needs or access to finance opportunities; encourages sharing of best practices on the simplification and implementation of Community rules;

| 13. | Agrees that it should be made easier for companies to register and prepare, file and publish statutory information; recommends that the preparation, filing and publication of statutory information be effected through an interoperable EU-wide business register; strongly promotes the use of new technology such as XBRL; emphasises that such information should be easily accessible for investors, creditors, employees and public authorities throughout the European Union; urges the Commission to present a roadmap for introducing XBRL reporting in the EU; |
| --- | --- |

13.

Agrees that it should be made easier for companies to register and prepare, file and publish statutory information; recommends that the preparation, filing and publication of statutory information be effected through an interoperable EU-wide business register; strongly promotes the use of new technology such as XBRL; emphasises that such information should be easily accessible for investors, creditors, employees and public authorities throughout the European Union; urges the Commission to present a roadmap for introducing XBRL reporting in the EU;

| 14. | Underlines that 2006 amendments to EU-accounting rules require, inter alia, a corporate governance statement and improved disclosure of off-balance sheet arrangements by listed companies; recalls that the transposition deadline for those rules is 5 September 2008; calls on Member States to apply the rules promptly; asks the Commission to work with the International Accounting Standards Board (IASB) to improve financial statement information on off-balance sheet vehicles further; |
| --- | --- |

14.

Underlines that 2006 amendments to EU-accounting rules require, inter alia, a corporate governance statement and improved disclosure of off-balance sheet arrangements by listed companies; recalls that the transposition deadline for those rules is 5 September 2008; calls on Member States to apply the rules promptly; asks the Commission to work with the International Accounting Standards Board (IASB) to improve financial statement information on off-balance sheet vehicles further;

| 15. | Sees the need for a review of the Statute for the European Company to bring it more closely into line with the rest of Community law; |
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15.

Sees the need for a review of the Statute for the European Company to bring it more closely into line with the rest of Community law;

| 16. | Recalls that the goal of simplifying administrative requirements must encourage SMEs to seize the opportunities offered by the internal market and to operate beyond its frontiers; |
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16.

Recalls that the goal of simplifying administrative requirements must encourage SMEs to seize the opportunities offered by the internal market and to operate beyond its frontiers;

| 17. | Welcomes the introduction of micro entities, which are to be exempt from the accounting, auditing and disclosure requirement under European law; urges that the threshold values referred to in the Communication for categorisation as a micro entity be broadly maintained but is concerned that meeting all of them may cause difficulties especially for businesses with high inputs; suggests that transition periods for companies' reporting requirements exceeding those thresholds be extended as appropriate; suggests that consideration be given to introducing similar transition periods for companies changing legal status; |
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17.

Welcomes the introduction of micro entities, which are to be exempt from the accounting, auditing and disclosure requirement under European law; urges that the threshold values referred to in the Communication for categorisation as a micro entity be broadly maintained but is concerned that meeting all of them may cause difficulties especially for businesses with high inputs; suggests that transition periods for companies' reporting requirements exceeding those thresholds be extended as appropriate; suggests that consideration be given to introducing similar transition periods for companies changing legal status;

| 18. | Points out, in connection with the thresholds laid down in the Fourth (11) and Seventh (12) Company Law Directives for exempting SMEs from certain accounting and auditing requirements, that stable and predictable regulation is an important element as regards legal certainty and keeping down business administration costs; stresses, in this connection, that the thresholds in question under the Fourth Company Law Directive have very recently been amended by Directive 2006/46/EC (13), and that the Member States have until 5 September 2008 to transpose that Directive on the one hand and that the enlargement of the European Union has increased the diversity of European economies and auditing is helping to encourage the development of an efficient, healthy and responsible market economy, on the other; |
| --- | --- |

18.

Points out, in connection with the thresholds laid down in the Fourth (11) and Seventh (12) Company Law Directives for exempting SMEs from certain accounting and auditing requirements, that stable and predictable regulation is an important element as regards legal certainty and keeping down business administration costs; stresses, in this connection, that the thresholds in question under the Fourth Company Law Directive have very recently been amended by Directive 2006/46/EC (13), and that the Member States have until 5 September 2008 to transpose that Directive on the one hand and that the enlargement of the European Union has increased the diversity of European economies and auditing is helping to encourage the development of an efficient, healthy and responsible market economy, on the other;

| 19. | Urges the Commission to follow up on the call expressed by the Competitive Council in its conclusions of 22 to 23 November 2007 for the active promotion of an open exchange among Member States of best practices designed to streamline reporting requirements and for an increase in the use of electronic means of communication between undertakings and public administrations and among undertakings; |
| --- | --- |

19.

Urges the Commission to follow up on the call expressed by the Competitive Council in its conclusions of 22 to 23 November 2007 for the active promotion of an open exchange among Member States of best practices designed to streamline reporting requirements and for an increase in the use of electronic means of communication between undertakings and public administrations and among undertakings;

| 20. | Calls on the Commission to encourage the Member States to harmonise the classification of financial information reporting requirements, as practised, inter alia, in the Netherlands, and to leverage new technologies with a view to reducing the costs of information requirements while preserving the benefits that those requirements provide to market participants, policy-makers and public administrations; |
| --- | --- |

20.

Calls on the Commission to encourage the Member States to harmonise the classification of financial information reporting requirements, as practised, inter alia, in the Netherlands, and to leverage new technologies with a view to reducing the costs of information requirements while preserving the benefits that those requirements provide to market participants, policy-makers and public administrations;

Sarbanes-Oxley

| 21. | Calls for an examination of unnecessary bureaucracy not only in the directives referred to in the Communication but also in the directives and rules arising from the US Sarbanes-Oxley legislation, such as the requirements of the Transparency Directive, Community legislation on prospectuses (14) and the Fourth and Seventh Company Law Directives; |
| --- | --- |

21.

Calls for an examination of unnecessary bureaucracy not only in the directives referred to in the Communication but also in the directives and rules arising from the US Sarbanes-Oxley legislation, such as the requirements of the Transparency Directive, Community legislation on prospectuses (14) and the Fourth and Seventh Company Law Directives;

Other legislation

| 22. | Stresses that the creation of a simplified business environment also implies the need to create a new legal framework for undertakings; refers, in this context, to the Fourteenth Company Law Directive on the cross-border transfer of the registered office of limited companies, the right to choose between monistic and dualistic business forms, and the Commission's legislative proposal for a European private company expected by mid-2008; |
| --- | --- |

22.

Stresses that the creation of a simplified business environment also implies the need to create a new legal framework for undertakings; refers, in this context, to the Fourteenth Company Law Directive on the cross-border transfer of the registered office of limited companies, the right to choose between monistic and dualistic business forms, and the Commission's legislative proposal for a European private company expected by mid-2008;

| 23. | Is convinced that, in certain areas, regulatory provisions are needed to create a thriving business environment, e.g. in connection with the transparency of institutional investors; |
| --- | --- |

23.

Is convinced that, in certain areas, regulatory provisions are needed to create a thriving business environment, e.g. in connection with the transparency of institutional investors;

| 24. | Takes the view that the establishment of a common consolidated corporate tax base (CCCTB) would render the European company statute more useful and effective; |
| --- | --- |

24.

Takes the view that the establishment of a common consolidated corporate tax base (CCCTB) would render the European company statute more useful and effective;

| 25. | Takes the view that latent tax entries on the balance sheet involve a disproportionate outlay for SMEs, while providing no information of recognisable value to those reading the annual accounts; proposes, therefore, that they be dispensed with; |
| --- | --- |

25.

Takes the view that latent tax entries on the balance sheet involve a disproportionate outlay for SMEs, while providing no information of recognisable value to those reading the annual accounts; proposes, therefore, that they be dispensed with;

| 26. | Recommends the enforcement of the ‘once-only’ principle so that undertakings do not have to provide the same information more than once or to more than one recipient; |
| --- | --- |

26.

Recommends the enforcement of the ‘once-only’ principle so that undertakings do not have to provide the same information more than once or to more than one recipient;

| 27. | Recommends that consultations be held relating to the necessity and feasibility of creating an accounting and audit services regulator; |
| --- | --- |

27.

Recommends that consultations be held relating to the necessity and feasibility of creating an accounting and audit services regulator;

*

- *

| 28. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

28.

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

---

(1)  Texts Adopted, P6_TA(2008)0183.

(2)  Second Council Directive 77/91/EEC of 13 December 1976 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent (OJ L 26, 31.1.1977, p. 1). Directive as amended by Directive 2006/99/EC (OJ L 363, 20.12.2006, p. 137).

(3)  Third Council Directive 78/855/EEC of 9 October 1978 based on Article 54(3)(g) of the Treaty concerning mergers of public limited liability companies (OJ L 295, 20.10.1978, p. 36).

(4)  Sixth Council Directive 82/891/EEC of 17 December 1982 based on Article 54(3)(g) of the Treaty, concerning the division of public limited liability companies (OJ L 378, 31.12.1982, p. 47). Directive as amended by Directive 2007/63/EC of the European Parliament and of the Council (OJ L 300, 17.11.2007, p. 47).

(5)  Twelfth Council Directive 89/667/EEC of 21 December 1989 on single-member private limited-liability companies (OJ L 395, 30.12.1989, p. 40). Directive as amended by Directive 2006/99/EC.

(6)  Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market (OJ L 390, 31.12.2004, p. 38). Directive as amended by Directive 2008/22/EC (OJ L 76, 19.3.2008, p. 50).

(7)  Directive 2007/63/EC of the European Parliament and of the Council of 13 November 2007 amending Council Directives 78/855/EEC and 82/891/EEC as regards the requirement of an independent expert's report on the occasion of merger or division of public limited liability companies (OJ L 300, 17.11.2007, p. 47).

(8)  Directive 2006/68/EC of the European Parliament and of the Council of 6 September 2006 amending Council Directive 77/91/EEC as regards the formation of public limited liability companies and the maintenance and alteration of their capital (OJ L 264, 25.9.2006, p. 32).

(9)  First Council Directive 68/151/EEC of 9 March 1968 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community (OJ L 65, 14.3.1968, p. 8). Directive as last amended by Directive 2006/99/EC.

(10)  Eleventh Council Directive 89/666/EEC of 21 December 1989 concerning disclosure requirements in respect of branches opened in a Member State by certain types of company governed by the law of another State (OJ L 395, 30.12.1989, p. 36).

(11)  Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54 (3) (g) of the Treaty on the annual accounts of certain types of companies (OJ L 222, 14.8.1978, p. 11). Directive as last amended by Directive 2006/46/EC of the European Parliament and of the Council (OJ L 224, 16.8.2006, p. 1).

(12)  Seventh Council Directive 83/349/EEC of 13 June 1983 based on the Article 54 (3) (g) of the Treaty on consolidated accounts (OJ L 193, 18.7.1983, p. 1). Directive as last amended by Directive 2006/99/EC.

(13)  Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives 78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated accounts of insurance undertakings (OJ L 224, 16.8.2006, p. 1).

(14)  Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading (OJ L 345, 31.12.2003, p. 64). Directive as amended by Directive 2008/11/EC (OJ L 76, 19.3.2008, p. 37).

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| 19.11.2009 | EN | Official Journal of the European Union | CE 279/40 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/40

---

Women and science

P6_TA(2008)0221

European Parliament resolution of 21 May 2008 on women and science (2007/2206(INI))

(2009/C 279 E/08)

The European Parliament,

| — | having regard to the Council Resolution of 20 May 1999 on women and science (1), |
| --- | --- |

—

having regard to the Council Resolution of 20 May 1999 on women and science (1),

| — | having regard to the Council Resolution of 26 June 2001 on science and society and on women in science (2), |
| --- | --- |

—

having regard to the Council Resolution of 26 June 2001 on science and society and on women in science (2),

| — | having regard to the Council Resolution of 27 November 2003 on equal access to and participation of women and men in the knowledge society for growth and innovation (3), |
| --- | --- |

—

having regard to the Council Resolution of 27 November 2003 on equal access to and participation of women and men in the knowledge society for growth and innovation (3),

| — | having regard to the Council Conclusions of 18 April 2005 on reinforcing human resources in science and technology in the European Research Area, |
| --- | --- |

—

having regard to the Council Conclusions of 18 April 2005 on reinforcing human resources in science and technology in the European Research Area,

| — | having regard to Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (4) (FP7), |
| --- | --- |

—

having regard to Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (4) (FP7),

| — | having regard to Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (5), |
| --- | --- |

—

having regard to Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (5),

| — | having regard to the Commission Communication of 4 December 2001 entitled ‘Science and Society Action Plan’ (COM(2001)0714), |
| --- | --- |

—

having regard to the Commission Communication of 4 December 2001 entitled ‘Science and Society Action Plan’ (COM(2001)0714),

| — | having regard to the Commission staff working document entitled ‘Women and Science: Excellence and Innovation — Gender Equality in Science’ (SEC(2005)0370), |
| --- | --- |

—

having regard to the Commission staff working document entitled ‘Women and Science: Excellence and Innovation — Gender Equality in Science’ (SEC(2005)0370),

| — | having regard to the Commission Green Paper entitled ‘The European Research Area: New Perspectives’ (COM(2007)0161) and the accompanying staff working document (SEC(2007)0412), |
| --- | --- |

—

having regard to the Commission Green Paper entitled ‘The European Research Area: New Perspectives’ (COM(2007)0161) and the accompanying staff working document (SEC(2007)0412),

| — | having regard to its resolution of 3 February 2000 on the communication from the Commission entitled: ‘Women and science — Mobilising women to enrich European research’ (6), |
| --- | --- |

—

having regard to its resolution of 3 February 2000 on the communication from the Commission entitled: ‘Women and science — Mobilising women to enrich European research’ (6),

| — | having regard to its resolution of 9 March 2004 on reconciling professional, family and private lives (7), |
| --- | --- |

—

having regard to its resolution of 9 March 2004 on reconciling professional, family and private lives (7),

| — | having regard to the Commission Communication of 1 March 2006 entitled ‘A Roadmap for equality between women and men 2006-2010’ (COM(2006)0092) and to its relevant resolution of 13 March 2007 (8), |
| --- | --- |

—

having regard to the Commission Communication of 1 March 2006 entitled ‘A Roadmap for equality between women and men 2006-2010’ (COM(2006)0092) and to its relevant resolution of 13 March 2007 (8),

| — | having regard to its resolution of 19 June 2007 on a regulatory framework for measures enabling young women in the European Union to combine family life with a period of studies (9), |
| --- | --- |

—

having regard to its resolution of 19 June 2007 on a regulatory framework for measures enabling young women in the European Union to combine family life with a period of studies (9),

| — | having regard to its resolution of 27 September 2007 on equality between women and men in the European Union — 2007 (10), |
| --- | --- |

—

having regard to its resolution of 27 September 2007 on equality between women and men in the European Union — 2007 (10),

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Women's Rights and Gender Equality and the opinion of the Committee on Industry, Research and Energy (A6-0165/2008), |
| --- | --- |

—

having regard to the report of the Committee on Women's Rights and Gender Equality and the opinion of the Committee on Industry, Research and Energy (A6-0165/2008),

| A. | whereas research represents a crucial sector for the economic development of the European Union, and whereas the European Union needs to recruit 700 000 additional researchers as part of the fulfilment of the Lisbon strategy for growth and employment, |
| --- | --- |

A.

whereas research represents a crucial sector for the economic development of the European Union, and whereas the European Union needs to recruit 700 000 additional researchers as part of the fulfilment of the Lisbon strategy for growth and employment,

| B. | whereas female researchers are in a minority within the European Union, comprising an average of 35 % of researchers working in the government and higher education sectors and only 18 % of researchers working in the private sector, |
| --- | --- |

B.

whereas female researchers are in a minority within the European Union, comprising an average of 35 % of researchers working in the government and higher education sectors and only 18 % of researchers working in the private sector,

| C. | whereas it is commonly accepted that diversity increases creativity in the business environment and this could be said to be true for research too, |
| --- | --- |

C.

whereas it is commonly accepted that diversity increases creativity in the business environment and this could be said to be true for research too,

| D. | whereas the percentage of women in the top grades of academia rarely exceeds 20 %, and men are three times more likely than women to obtain professorships or equivalent posts, |
| --- | --- |

D.

whereas the percentage of women in the top grades of academia rarely exceeds 20 %, and men are three times more likely than women to obtain professorships or equivalent posts,

| E. | whereas sex-disaggregated data on researchers by qualification, field of science and age remain scarcely available, even in Member States, |
| --- | --- |

E.

whereas sex-disaggregated data on researchers by qualification, field of science and age remain scarcely available, even in Member States,

| F. | whereas female researchers experience more difficulty in reconciling working and family life than male researchers, |
| --- | --- |

F.

whereas female researchers experience more difficulty in reconciling working and family life than male researchers,

| G. | whereas the dearth of women in scientific leadership positions remains significant, |
| --- | --- |

G.

whereas the dearth of women in scientific leadership positions remains significant,

| H. | whereas the representation of women in university decision-making bodies is not high enough to ensure the implementation of a gender-balanced policy, |
| --- | --- |

H.

whereas the representation of women in university decision-making bodies is not high enough to ensure the implementation of a gender-balanced policy,

| I. | whereas in a majority of countries the share of women on scientific boards has not reached parity, |
| --- | --- |

I.

whereas in a majority of countries the share of women on scientific boards has not reached parity,

| J. | whereas one of the priority areas for EU action referred to in the abovementioned Roadmap for equality between women and men 2006-2010 is equal representation in decision making, including a target of 25 % of women in leading positions in public-sector research, to be met by 2010, |
| --- | --- |

J.

whereas one of the priority areas for EU action referred to in the abovementioned Roadmap for equality between women and men 2006-2010 is equal representation in decision making, including a target of 25 % of women in leading positions in public-sector research, to be met by 2010,

| K. | whereas the European Research Council (ERC) has not achieved a gender balance with only 5 women out of 22 in the ERC Scientific Council, |
| --- | --- |

K.

whereas the European Research Council (ERC) has not achieved a gender balance with only 5 women out of 22 in the ERC Scientific Council,

| L. | whereas, even though women make up more than 50 % of EU students and achieve 43 % of EU doctoral degrees, they hold, on average, only 15 % of senior academic posts and thereby have considerably less influence with regard to decision-making positions in research, |
| --- | --- |

L.

whereas, even though women make up more than 50 % of EU students and achieve 43 % of EU doctoral degrees, they hold, on average, only 15 % of senior academic posts and thereby have considerably less influence with regard to decision-making positions in research,

| M. | whereas the Commission report of 2008 entitled ‘Mapping the Maze: Getting More Women to the Top in Research’ shows that although transparent and fair evaluation and promotion procedures are necessary instruments, they alone are not sufficient: a change of culture is required to improve the gender balance in decision making in research, |
| --- | --- |

M.

whereas the Commission report of 2008 entitled ‘Mapping the Maze: Getting More Women to the Top in Research’ shows that although transparent and fair evaluation and promotion procedures are necessary instruments, they alone are not sufficient: a change of culture is required to improve the gender balance in decision making in research,

| N. | whereas FP7 does not require mandatory gender action plans for project proposals, |
| --- | --- |

N.

whereas FP7 does not require mandatory gender action plans for project proposals,

| O. | whereas studies show that existing systems of evaluation and recruitment are not gender neutral, |
| --- | --- |

O.

whereas studies show that existing systems of evaluation and recruitment are not gender neutral,

| 1. | Draws the attention of the Member States to the fact that education systems in the European Union continue to sustain gender stereotypes, in particular in areas of research such as the natural sciences; |
| --- | --- |

1.

Draws the attention of the Member States to the fact that education systems in the European Union continue to sustain gender stereotypes, in particular in areas of research such as the natural sciences;

| 2. | Believes that it is of the utmost importance to promote science as an interesting field for both sexes from early on; urges that this be taken into account when planning educational material and training teachers; encourages universities and faculties to analyse their entrance selection systems in order to identify possible implicit gender discrimination and correct the selection system accordingly; |
| --- | --- |

2.

Believes that it is of the utmost importance to promote science as an interesting field for both sexes from early on; urges that this be taken into account when planning educational material and training teachers; encourages universities and faculties to analyse their entrance selection systems in order to identify possible implicit gender discrimination and correct the selection system accordingly;

| 3. | Notes that an excessively high proportion of female scientists give up their careers at some point; considers that this pattern, which has often been described as the ‘leaking pipeline’ model, needs to be analysed on the basis of various models including the ‘push and pull factors’ model; calls on the competent authorities to take account of various factors such as working environment, occupational stereotypes, competition, mobility requirements and family responsibilities when formulating possible solutions; |
| --- | --- |

3.

Notes that an excessively high proportion of female scientists give up their careers at some point; considers that this pattern, which has often been described as the ‘leaking pipeline’ model, needs to be analysed on the basis of various models including the ‘push and pull factors’ model; calls on the competent authorities to take account of various factors such as working environment, occupational stereotypes, competition, mobility requirements and family responsibilities when formulating possible solutions;

| 4. | Notes that the conventional approach to evaluating ‘excellence’ and ‘performance’, inter alia as regards number of publications, may not be gender neutral, but is restrictive and fails to take account of the resources available, such as funds, space, equipment and staff, and of the qualities essential in any researcher, such as the ability to organise and hold together a research team or to train young members of the team; |
| --- | --- |

4.

Notes that the conventional approach to evaluating ‘excellence’ and ‘performance’, inter alia as regards number of publications, may not be gender neutral, but is restrictive and fails to take account of the resources available, such as funds, space, equipment and staff, and of the qualities essential in any researcher, such as the ability to organise and hold together a research team or to train young members of the team;

| 5. | Calls on the Commission and the Member States to take due account, in the definitions of excellence and a ‘good researcher’, of the differences between typical male and female scientific careers; stresses that female researchers also contribute to the world of research with different perspectives and choices of research topics; |
| --- | --- |

5.

Calls on the Commission and the Member States to take due account, in the definitions of excellence and a ‘good researcher’, of the differences between typical male and female scientific careers; stresses that female researchers also contribute to the world of research with different perspectives and choices of research topics;

| 6. | Regrets that the breaks that women take in scientific careers for family reasons have a negative impact on their career opportunities, as most male colleagues do not take breaks and thus can achieve comparative positions at a younger age and gain an advantage in their further careers; asks, therefore, that age be taken into account as a criterion for excellence together with family situation, including the number of the researcher's dependants; calls, furthermore, for all EU research bodies and universities to set up grants for doctoral studies in accordance with national maternity leave provisions; |
| --- | --- |

6.

Regrets that the breaks that women take in scientific careers for family reasons have a negative impact on their career opportunities, as most male colleagues do not take breaks and thus can achieve comparative positions at a younger age and gain an advantage in their further careers; asks, therefore, that age be taken into account as a criterion for excellence together with family situation, including the number of the researcher's dependants; calls, furthermore, for all EU research bodies and universities to set up grants for doctoral studies in accordance with national maternity leave provisions;

| 7. | Points out that age limits for the award of grants adversely affect young people looking after dependants, who are, for the most part, women; calls, therefore, on the Commission and the Member States to consider, in such circumstances, legislative measures to correct that anomaly, such as adding one year to the deadline for applications for each year that a dependant is looked after; |
| --- | --- |

7.

Points out that age limits for the award of grants adversely affect young people looking after dependants, who are, for the most part, women; calls, therefore, on the Commission and the Member States to consider, in such circumstances, legislative measures to correct that anomaly, such as adding one year to the deadline for applications for each year that a dependant is looked after;

| 8. | Notes that mobility is one of the crucial ways of developing and assuring research career advancement and notes that this can be difficult to reconcile with family life and that appropriate policy measures should therefore be taken to make it more viable; |
| --- | --- |

8.

Notes that mobility is one of the crucial ways of developing and assuring research career advancement and notes that this can be difficult to reconcile with family life and that appropriate policy measures should therefore be taken to make it more viable;

| 9. | Stresses the role of infrastructure in facilitating a sustainable work-life balance, as well as the importance of enhancing the security of scientific careers; |
| --- | --- |

9.

Stresses the role of infrastructure in facilitating a sustainable work-life balance, as well as the importance of enhancing the security of scientific careers;

| 10. | Calls on the Commission and the Member States to improve the situation by means of integration of the family angle through possibilities for flexible working hours, improved child-care facilities and social security provision accessibility across the borders; calls for parental leave conditions that genuinely allow men and women freedom of choice; stresses that reconciling work and family life is the responsibility of both men and women; |
| --- | --- |

10.

Calls on the Commission and the Member States to improve the situation by means of integration of the family angle through possibilities for flexible working hours, improved child-care facilities and social security provision accessibility across the borders; calls for parental leave conditions that genuinely allow men and women freedom of choice; stresses that reconciling work and family life is the responsibility of both men and women;

| 11. | Notes that the Commission report of 2008 concludes that top-level commitment is vital for achieving gender equality in research, and that such a commitment must be expressed at national and institutional level; |
| --- | --- |

11.

Notes that the Commission report of 2008 concludes that top-level commitment is vital for achieving gender equality in research, and that such a commitment must be expressed at national and institutional level;

| 12. | Calls on the Member States to analyse the factors discouraging women's presence in senior posts in universities and education authorities, seriously reducing their influence in decision-making in research within the European Union, and to propose appropriate solutions; |
| --- | --- |

12.

Calls on the Member States to analyse the factors discouraging women's presence in senior posts in universities and education authorities, seriously reducing their influence in decision-making in research within the European Union, and to propose appropriate solutions;

| 13. | Encourages universities, research institutes and private businesses to adopt and enforce equality strategies in their organisations and to conduct gender impact evaluation in their decision-making processes; |
| --- | --- |

13.

Encourages universities, research institutes and private businesses to adopt and enforce equality strategies in their organisations and to conduct gender impact evaluation in their decision-making processes;

| 14. | Calls on the Commission for awareness-raising actions in the scientific community, as well as among policy makers on the issue of equal opportunities in science and research; |
| --- | --- |

14.

Calls on the Commission for awareness-raising actions in the scientific community, as well as among policy makers on the issue of equal opportunities in science and research;

| 15. | Calls on the Commission and the Member States for more transparent recruitment processes and for an obligation to ensure gender balance in evaluation panels, selection and all other committees, as well as nominated panels and committees with a non-binding target of at least 40 % women and at least 40 % men; |
| --- | --- |

15.

Calls on the Commission and the Member States for more transparent recruitment processes and for an obligation to ensure gender balance in evaluation panels, selection and all other committees, as well as nominated panels and committees with a non-binding target of at least 40 % women and at least 40 % men;

| 16. | Criticises the unambitious and insufficient EU target of 25 % of women in leading positions in public-sector research and reminds the Commission and the Member States that gender parity implies at least 40 % female representation; |
| --- | --- |

16.

Criticises the unambitious and insufficient EU target of 25 % of women in leading positions in public-sector research and reminds the Commission and the Member States that gender parity implies at least 40 % female representation;

| 17. | Calls on the Commission to ensure that attention is paid to the participation of women in scientific research programmes by providing targeted gender-awareness training for those in decision-making positions, those sitting on advisory boards and evaluation panels, those drafting invitations to tender as well as tenders, and those leading contract negotiations; |
| --- | --- |

17.

Calls on the Commission to ensure that attention is paid to the participation of women in scientific research programmes by providing targeted gender-awareness training for those in decision-making positions, those sitting on advisory boards and evaluation panels, those drafting invitations to tender as well as tenders, and those leading contract negotiations;

| 18. | Calls on the Commission to ensure that in tenders submitted under FP7 a balanced representation of men and women is assessed positively; urges Member States to make the same arrangements in their national and regional programmes; |
| --- | --- |

18.

Calls on the Commission to ensure that in tenders submitted under FP7 a balanced representation of men and women is assessed positively; urges Member States to make the same arrangements in their national and regional programmes;

| 19. | Considers gender action plans within the proposal and evaluation stage of FP7 to be an essential part of the overall gender mainstreaming strategy and gender equality policy of the European Union; finds, therefore, that they should remain an integral part of EU research funding; |
| --- | --- |

19.

Considers gender action plans within the proposal and evaluation stage of FP7 to be an essential part of the overall gender mainstreaming strategy and gender equality policy of the European Union; finds, therefore, that they should remain an integral part of EU research funding;

| 20. | Firmly believes that specific recruitment, training and public relations measures need to be introduced in order to promote and encourage greater participation on the part of women in fields such as technology, physics, engineering, computer science and other domains; |
| --- | --- |

20.

Firmly believes that specific recruitment, training and public relations measures need to be introduced in order to promote and encourage greater participation on the part of women in fields such as technology, physics, engineering, computer science and other domains;

| 21. | Calls on the Commission and the Member States to take positive action to encourage female researchers and further develop support and mentoring schemes, as well as promotion policies with clear objectives; notes that the development of support structures for career guidance and the provision of advice addressed, inter alia, to female scientists would produce particularly positive results; |
| --- | --- |

21.

Calls on the Commission and the Member States to take positive action to encourage female researchers and further develop support and mentoring schemes, as well as promotion policies with clear objectives; notes that the development of support structures for career guidance and the provision of advice addressed, inter alia, to female scientists would produce particularly positive results;

| 22. | Calls on the Commission and the Member States to introduce effective policies to eliminate the gender pay gap; notes that in the field of science the principle of equal pay should also apply to scholarships and grants; |
| --- | --- |

22.

Calls on the Commission and the Member States to introduce effective policies to eliminate the gender pay gap; notes that in the field of science the principle of equal pay should also apply to scholarships and grants;

| 23. | Calls on the Commission and the Member States to provide for research funds targeted at women to counter the underfunding of women in research; |
| --- | --- |

23.

Calls on the Commission and the Member States to provide for research funds targeted at women to counter the underfunding of women in research;

| 24. | Stresses the importance of encouraging girls to take up scientific careers and suggests that the Commission and the Member States do so by promoting female researchers as role models and adopting and implementing other measures conducive to achieving this aim; |
| --- | --- |

24.

Stresses the importance of encouraging girls to take up scientific careers and suggests that the Commission and the Member States do so by promoting female researchers as role models and adopting and implementing other measures conducive to achieving this aim;

| 25. | Encourages Member States to promote awareness-raising actions to inform and encourage girls to pursue scientific and technological university studies and degrees; encourages Member States to improve knowledge-sharing processes, since very different patterns of educational choices are available in the different Member States; |
| --- | --- |

25.

Encourages Member States to promote awareness-raising actions to inform and encourage girls to pursue scientific and technological university studies and degrees; encourages Member States to improve knowledge-sharing processes, since very different patterns of educational choices are available in the different Member States;

| 26. | Draws attention to the need for special programmes at universities increasing young girls' and women's interest in starting scientific careers; |
| --- | --- |

26.

Draws attention to the need for special programmes at universities increasing young girls' and women's interest in starting scientific careers;

| 27. | Calls on the Commission and the Member States to set up programmes for coaching and supporting young female scientists in participating in research programmes and grant applications in order to help them to stay in academia and research; |
| --- | --- |

27.

Calls on the Commission and the Member States to set up programmes for coaching and supporting young female scientists in participating in research programmes and grant applications in order to help them to stay in academia and research;

| 28. | Welcomes the activities carried out by NGOs and agencies at European and national level which aim to enhance the participation of women in science and increase the number of female scientists in decision-making positions; |
| --- | --- |

28.

Welcomes the activities carried out by NGOs and agencies at European and national level which aim to enhance the participation of women in science and increase the number of female scientists in decision-making positions;

| 29. | Calls on the Commission and the Member States to strengthen networking further among female scientists at national, regional and EU level, because networking has been identified as an essential tool by which to empower women, in order to attract more women to scientific careers, and encourage female scientists to participate in the policy debate and enhance their professional advancement; |
| --- | --- |

29.

Calls on the Commission and the Member States to strengthen networking further among female scientists at national, regional and EU level, because networking has been identified as an essential tool by which to empower women, in order to attract more women to scientific careers, and encourage female scientists to participate in the policy debate and enhance their professional advancement;

| 30. | Instructs its President to forward this resolution to the Council, the Commission, the European Economic and Social Committee, the Committee of the Regions, and to the governments and parliaments of the Member States. |
| --- | --- |

30.

Instructs its President to forward this resolution to the Council, the Commission, the European Economic and Social Committee, the Committee of the Regions, and to the governments and parliaments of the Member States.

---

(1)  OJ C 201, 16.7.1999, p. 1.

(2)  OJ C 199, 14.7.2001, p. 1.

(3)  OJ C 317, 30.12.2003, p. 6.

(4)  OJ L 412, 30.12.2006, p. 1.

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

(6)  OJ C 309, 27.10.2000, p. 57.

(7)  OJ C 102 E, 28.4.2004, p. 492.

(8)  OJ C 301 E, 13.12.2007, p. 56.

(9)  Texts Adopted, P6_TA(2007)0265.

(10)  Texts Adopted, P6_TA(2007)0423.

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/44 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/44

---

Green Paper on better ship dismantling

P6_TA(2008)0222

European Parliament resolution of 21 May 2008 on the Green Paper on better ship dismantling (2007/2279(INI))

(2009/C 279 E/09)

The European Parliament,

| — | having regard to the Green Paper on Better Ship Dismantling (COM(2007)0269), adopted by the Commission on 22 May 2007, |
| --- | --- |

—

having regard to the Green Paper on Better Ship Dismantling (COM(2007)0269), adopted by the Commission on 22 May 2007,

| — | having regard to Articles 2 and 6 of the Treaty, which lay down that environmental protection requirements must be integrated into the various sectors of Community policy in order to promote environmentally sustainable development of economic activity, |
| --- | --- |

—

having regard to Articles 2 and 6 of the Treaty, which lay down that environmental protection requirements must be integrated into the various sectors of Community policy in order to promote environmentally sustainable development of economic activity,

| — | having regard to the Guidelines for Asian countries and Turkey on Safety and Health in Shipbreaking, adopted by the International Labour Organization (ILO) in March 2004; |
| --- | --- |

—

having regard to the Guidelines for Asian countries and Turkey on Safety and Health in Shipbreaking, adopted by the International Labour Organization (ILO) in March 2004;

| — | having regard to Article 175 of the Treaty, |
| --- | --- |

—

having regard to Article 175 of the Treaty,

| — | having regard to Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (1) (Waste Shipments Regulation); |
| --- | --- |

—

having regard to Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (1) (Waste Shipments Regulation);

| — | having regard to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention), which the United Nations approved on 22 March 1989 as a framework for the regulation of international shipments of hazardous wastes, |
| --- | --- |

—

having regard to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention), which the United Nations approved on 22 March 1989 as a framework for the regulation of international shipments of hazardous wastes,

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on Transport and Tourism (A6-0156/2008), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on Transport and Tourism (A6-0156/2008),

| A. | whereas on various shores in Southern Asia and elsewhere enormous seagoing ships are dismantled under working conditions which are environmentally damaging and humanly degrading; whereas some of these ships originate in the European Union, |
| --- | --- |

A.

whereas on various shores in Southern Asia and elsewhere enormous seagoing ships are dismantled under working conditions which are environmentally damaging and humanly degrading; whereas some of these ships originate in the European Union,

| B. | whereas due to very low labour costs, totally inadequate safety regulations and the complete absence of environmental regulations applicable to ship dismantling, relatively high scrap prices are offered in countries such as Bangladesh, India, Pakistan, which persuade many ship owners to opt for those countries, |
| --- | --- |

B.

whereas due to very low labour costs, totally inadequate safety regulations and the complete absence of environmental regulations applicable to ship dismantling, relatively high scrap prices are offered in countries such as Bangladesh, India, Pakistan, which persuade many ship owners to opt for those countries,

| C. | whereas, in a 2000 study (2), the Commission looked into the economics of ship scrapping, but refrained from taking any action because the study considered it to be extremely difficult to make ship recycling economically viable while at the same time respecting sound environmental standards; whereas this primacy of short-term profits over human lives and environmental pollution is unacceptable, |
| --- | --- |

C.

whereas, in a 2000 study (2), the Commission looked into the economics of ship scrapping, but refrained from taking any action because the study considered it to be extremely difficult to make ship recycling economically viable while at the same time respecting sound environmental standards; whereas this primacy of short-term profits over human lives and environmental pollution is unacceptable,

| D. | whereas it is regrettable that possible action is discussed only after high-profile cases, such as the attempt by the French government to dispose of its aircraft carrier ‘Clémenceau’ outside the EU, created public awareness of the issue, |
| --- | --- |

D.

whereas it is regrettable that possible action is discussed only after high-profile cases, such as the attempt by the French government to dispose of its aircraft carrier ‘Clémenceau’ outside the EU, created public awareness of the issue,

| E. | whereas the political concern both in industrialised and developing countries regarding the growing quantities of hazardous waste which industrialised countries exported to developing countries for treatment there in an unsupervised and hazardous manner led to an amendment of 1995 to the Basel Convention strictly prohibiting the transfer of hazardous waste from Organisation for Economic Cooperation and Development (OECD) countries to non-OECD countries (Basel Ban Amendment); whereas although this amendment has been fully incorporated in the Waste Shipments Regulation, it has regrettably not yet come into force at international level; |
| --- | --- |

E.

whereas the political concern both in industrialised and developing countries regarding the growing quantities of hazardous waste which industrialised countries exported to developing countries for treatment there in an unsupervised and hazardous manner led to an amendment of 1995 to the Basel Convention strictly prohibiting the transfer of hazardous waste from Organisation for Economic Cooperation and Development (OECD) countries to non-OECD countries (Basel Ban Amendment); whereas although this amendment has been fully incorporated in the Waste Shipments Regulation, it has regrettably not yet come into force at international level;

| F. | whereas it is possible for a ship to become waste as defined in Article 2 of the Basel Convention and at the same time be defined as a ship under other international rules, whereas this loophole is systematically exploited, leading to most EU ships being scrapped in Asia in full circumvention of the Basel ban and the corresponding provisions of the Waste Shipments Regulation, |
| --- | --- |

F.

whereas it is possible for a ship to become waste as defined in Article 2 of the Basel Convention and at the same time be defined as a ship under other international rules, whereas this loophole is systematically exploited, leading to most EU ships being scrapped in Asia in full circumvention of the Basel ban and the corresponding provisions of the Waste Shipments Regulation,

| G. | whereas the Parliament previously, in 2003, called for guidelines to be developed by the Commission to close this loophole during the revision of the Waste Shipments Regulation, but the Council refused to accept this, instead deferring further action to the joint work by three international bodies (Basel Convention, the ILO and the IMO) to establish mandatory requirements at the global level; |
| --- | --- |

G.

whereas the Parliament previously, in 2003, called for guidelines to be developed by the Commission to close this loophole during the revision of the Waste Shipments Regulation, but the Council refused to accept this, instead deferring further action to the joint work by three international bodies (Basel Convention, the ILO and the IMO) to establish mandatory requirements at the global level;

| H. | whereas any vessel that contains substantial quantities of hazardous substances or from which these substances have not been properly removed according to the formulation of OECD Waste Code CG 030 and according to the listing of the Basel Convention constitutes hazardous waste, and therefore the transfer of such a vessel from the EU to a non-OECD country for dismantling is banned under the Waste Shipments Regulation, that transposed the Basel Convention into Community law, |
| --- | --- |

H.

whereas any vessel that contains substantial quantities of hazardous substances or from which these substances have not been properly removed according to the formulation of OECD Waste Code CG 030 and according to the listing of the Basel Convention constitutes hazardous waste, and therefore the transfer of such a vessel from the EU to a non-OECD country for dismantling is banned under the Waste Shipments Regulation, that transposed the Basel Convention into Community law,

| I. | whereas ships which are regarded as hazardous waste must be dismantled under environmentally correct conditions in an OECD country or, after decontamination (so that they no longer constitute hazardous waste), may be transferred to non-OECD countries; whereas this requirement is however systematically disregarded, |
| --- | --- |

I.

whereas ships which are regarded as hazardous waste must be dismantled under environmentally correct conditions in an OECD country or, after decontamination (so that they no longer constitute hazardous waste), may be transferred to non-OECD countries; whereas this requirement is however systematically disregarded,

| J. | whereas both maritime law and IMO conventions lay down that coastal states have the right and the duty to enforce all relevant international legal provisions with the aim of protecting the environment; whereas, however, the Basel Convention is rarely complied with in respect of ships for scrapping, inter alia because of a lack of political will to close the loopholes and to tackle the structural hiding of responsibility in the shipping sector, best illustrated by the phenomenon of flag states, |
| --- | --- |

J.

whereas both maritime law and IMO conventions lay down that coastal states have the right and the duty to enforce all relevant international legal provisions with the aim of protecting the environment; whereas, however, the Basel Convention is rarely complied with in respect of ships for scrapping, inter alia because of a lack of political will to close the loopholes and to tackle the structural hiding of responsibility in the shipping sector, best illustrated by the phenomenon of flag states,

| K. | whereas at EU level the Waste Shipments Regulation is the regulatory framework for implementing the Basel Convention, including the export of ships at the end of their lives; whereas enforcement of that regulation is inadequate in respect of ships for scrapping, as ships owned by Europeans, or operating in European waters or flying an EU flag, go for a final ‘normal’ voyage, and are only declared to be waste once they have left European waters, with no further control mechanisms or enforcement guidance to stop such violations of international and Community law, |
| --- | --- |

K.

whereas at EU level the Waste Shipments Regulation is the regulatory framework for implementing the Basel Convention, including the export of ships at the end of their lives; whereas enforcement of that regulation is inadequate in respect of ships for scrapping, as ships owned by Europeans, or operating in European waters or flying an EU flag, go for a final ‘normal’ voyage, and are only declared to be waste once they have left European waters, with no further control mechanisms or enforcement guidance to stop such violations of international and Community law,

| L. | whereas the preamble to the Waste Shipments Regulation states that ‘It is necessary to ensure the safe and environmentally sound management of ship dismantling in order to protect human health and the environment’, |
| --- | --- |

L.

whereas the preamble to the Waste Shipments Regulation states that ‘It is necessary to ensure the safe and environmentally sound management of ship dismantling in order to protect human health and the environment’,

| M. | whereas with a view to closing loopholes found in the Basel Convention regime, the IMO is drafting a convention designed to solve this problem worldwide; |
| --- | --- |

M.

whereas with a view to closing loopholes found in the Basel Convention regime, the IMO is drafting a convention designed to solve this problem worldwide;

| N. | whereas at the Seventh Conference of the Parties to the Basel Convention, Parties including the Member States of the European Union, in order to apply more rigour with respect to preventing the export of toxic ships, have invited the IMO to continue to consider the establishment in its regulations of mandatory requirements, including a reporting system for ships destined for dismantling, that ensure a level of control equivalent to that established under the Basel Convention and to continue work aimed at establishing mandatory requirements to ensure the environmentally sound management of ship dismantling, which might include pre-decontamination within its scope, |
| --- | --- |

N.

whereas at the Seventh Conference of the Parties to the Basel Convention, Parties including the Member States of the European Union, in order to apply more rigour with respect to preventing the export of toxic ships, have invited the IMO to continue to consider the establishment in its regulations of mandatory requirements, including a reporting system for ships destined for dismantling, that ensure a level of control equivalent to that established under the Basel Convention and to continue work aimed at establishing mandatory requirements to ensure the environmentally sound management of ship dismantling, which might include pre-decontamination within its scope,

| O. | whereas the draft IMO Convention on ship recycling in its current form has not put in place a level of control equivalent to that of the Basel Convention and the Waste Shipments Regulation, nor does the draft attempt to prevent the export of toxic wastes to developing countries, nor envisage mechanisms based on the polluter pays principle nor the substitution principle for green ship design, nor audited standards for ship recycling yards, among other concerns, and may in any case not be able to be ratified by current ship recycling states or prominent flag states, |
| --- | --- |

O.

whereas the draft IMO Convention on ship recycling in its current form has not put in place a level of control equivalent to that of the Basel Convention and the Waste Shipments Regulation, nor does the draft attempt to prevent the export of toxic wastes to developing countries, nor envisage mechanisms based on the polluter pays principle nor the substitution principle for green ship design, nor audited standards for ship recycling yards, among other concerns, and may in any case not be able to be ratified by current ship recycling states or prominent flag states,

| P. | whereas in any case it is anticipated that it could take many years to adopt such an IMO convention, after which it could again be years before it enters into force because of a protracted ratification process, |
| --- | --- |

P.

whereas in any case it is anticipated that it could take many years to adopt such an IMO convention, after which it could again be years before it enters into force because of a protracted ratification process,

| Q. | whereas the EU has insufficient capacity to dismantle its ships (those sailing under EU flags or owned by EU owners) cleanly and whereas this particularly applies to the merchant shipping fleet; whereas the lack of capacity will increase dramatically in 2010 because of the accelerated phasing out of single-hull tankers, |
| --- | --- |

Q.

whereas the EU has insufficient capacity to dismantle its ships (those sailing under EU flags or owned by EU owners) cleanly and whereas this particularly applies to the merchant shipping fleet; whereas the lack of capacity will increase dramatically in 2010 because of the accelerated phasing out of single-hull tankers,

| R. | whereas concrete regulatory action at EU level is therefore of the utmost urgency if those single-hull tankers are not to damage further the beaches and river banks of Southern Asia; whereas there is no excuse for failing to act, particularly since these single-hull tankers can clearly be identified, |
| --- | --- |

R.

whereas concrete regulatory action at EU level is therefore of the utmost urgency if those single-hull tankers are not to damage further the beaches and river banks of Southern Asia; whereas there is no excuse for failing to act, particularly since these single-hull tankers can clearly be identified,

| S. | whereas the primary market for the dismantling of ships currently operates in most cases under very poor conditions, which seriously violate the social, environmental and health principles accepted in the EU, |
| --- | --- |

S.

whereas the primary market for the dismantling of ships currently operates in most cases under very poor conditions, which seriously violate the social, environmental and health principles accepted in the EU,

| 1. | Considers it ethically unacceptable to permit the humanly degrading and environmentally destructive conditions involved in the dismantling of ships to continue any longer, thereby accepting that the health of thousands of employees in the Far East is put at risk; |
| --- | --- |

1.

Considers it ethically unacceptable to permit the humanly degrading and environmentally destructive conditions involved in the dismantling of ships to continue any longer, thereby accepting that the health of thousands of employees in the Far East is put at risk;

| 2. | Recognises that the EU is partly responsible for the existing social and environmental problems in the field of ship dismantling; therefore calls for immediate, concrete action on the part of the EU, in cooperation with the IMO, to stop the practice of social and environmental dumping that stems from economic incentives and to reach a globally sustainable solution; |
| --- | --- |

2.

Recognises that the EU is partly responsible for the existing social and environmental problems in the field of ship dismantling; therefore calls for immediate, concrete action on the part of the EU, in cooperation with the IMO, to stop the practice of social and environmental dumping that stems from economic incentives and to reach a globally sustainable solution;

| 3. | Considers it ethically unacceptable that children are used by some dismantling contractors to do hard and hazardous work and that such children should instead be provided with sufficient educational and recreational facilities; |
| --- | --- |

3.

Considers it ethically unacceptable that children are used by some dismantling contractors to do hard and hazardous work and that such children should instead be provided with sufficient educational and recreational facilities;

| 4. | Welcomes the thorough analysis in the Green Paper of the principal social and environmental problems arising from operations involved in the dismantling of ships in Southern Asian countries; however, stresses that this initiative is at least ten years overdue; |
| --- | --- |

4.

Welcomes the thorough analysis in the Green Paper of the principal social and environmental problems arising from operations involved in the dismantling of ships in Southern Asian countries; however, stresses that this initiative is at least ten years overdue;

| 5. | Considers that practical measures must be taken quickly at European and international level, the main aim being to protect the environment and public health without simply displacing the problems to other countries; considers that while the most comprehensive way of achieving that aim would be to adopt and implement an international convention laying down obligations incumbent upon all the parties involved in the process of dismantling ships, this way is fraught with many hurdles and delays and should therefore not replace urgent EU action; |
| --- | --- |

5.

Considers that practical measures must be taken quickly at European and international level, the main aim being to protect the environment and public health without simply displacing the problems to other countries; considers that while the most comprehensive way of achieving that aim would be to adopt and implement an international convention laying down obligations incumbent upon all the parties involved in the process of dismantling ships, this way is fraught with many hurdles and delays and should therefore not replace urgent EU action;

| 6. | Considers that the dismantling of ships will continue to have a social and ecological impact even in the longer term, particularly because the number of ships under construction has been increasing for years; stresses therefore the continuing importance of European innovation and development in the shipbuilding industry in order to improve ships and make them less environmentally damaging; calls on the Commission therefore to proceed wholeheartedly with the LeaderSHIP 2015 programme; |
| --- | --- |

6.

Considers that the dismantling of ships will continue to have a social and ecological impact even in the longer term, particularly because the number of ships under construction has been increasing for years; stresses therefore the continuing importance of European innovation and development in the shipbuilding industry in order to improve ships and make them less environmentally damaging; calls on the Commission therefore to proceed wholeheartedly with the LeaderSHIP 2015 programme;

| 7. | Stresses that there is no time to spare, as it is predicted that in 2010 nearly 800 single-hull tankers will have to be dismantled (3); notes that a future convention of the IMO aims to address the issue but is not likely to enter into force before 2012; calls for effective measures to be taken at EU level before 2010, prior to the adoption of the IMO Convention and prior to the peak year of the accelerated phase-out of single-hull tankers; |
| --- | --- |

7.

Stresses that there is no time to spare, as it is predicted that in 2010 nearly 800 single-hull tankers will have to be dismantled (3); notes that a future convention of the IMO aims to address the issue but is not likely to enter into force before 2012; calls for effective measures to be taken at EU level before 2010, prior to the adoption of the IMO Convention and prior to the peak year of the accelerated phase-out of single-hull tankers;

| 8. | Calls upon the Commission to draft the requisite guidelines and mechanisms in the sense that every ship due to be scrapped and which does not fulfil all the requirements of international conventions, and consequently does not have valid certification issued by EU-recognised registers, to be regarded as ‘waste’, pursuant to the definition in Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (4), in order to prevent evasion of the provisions of the Waste Shipments Regulation, and likewise to examine the question of when a Member State can be regarded as a ‘state of export’ under the Waste Shipments Regulation, including port states, flag states and states with jurisdiction over ship owners, and to ensure the smooth and safe withdrawal from the market of those ships which have reached the limit of their operational ‘life’; |
| --- | --- |

8.

Calls upon the Commission to draft the requisite guidelines and mechanisms in the sense that every ship due to be scrapped and which does not fulfil all the requirements of international conventions, and consequently does not have valid certification issued by EU-recognised registers, to be regarded as ‘waste’, pursuant to the definition in Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (4), in order to prevent evasion of the provisions of the Waste Shipments Regulation, and likewise to examine the question of when a Member State can be regarded as a ‘state of export’ under the Waste Shipments Regulation, including port states, flag states and states with jurisdiction over ship owners, and to ensure the smooth and safe withdrawal from the market of those ships which have reached the limit of their operational ‘life’;

| 9. | Calls upon the Member States and the Commission to implement the Waste Shipments Regulation more effectively by means of stricter inspections and supervision by authorities in Member States, with a view to empowering port states, flag states, and states with jurisdiction over owners (waste generators) to declare a ship to be ‘end-of-life’ and therefore waste regardless of whether or not that ship is still operable; |
| --- | --- |

9.

Calls upon the Member States and the Commission to implement the Waste Shipments Regulation more effectively by means of stricter inspections and supervision by authorities in Member States, with a view to empowering port states, flag states, and states with jurisdiction over owners (waste generators) to declare a ship to be ‘end-of-life’ and therefore waste regardless of whether or not that ship is still operable;

| 10. | Supports initiatives at international level to achieve binding minimum standards on ship recycling and promote the establishment of clean recycling facilities with due consideration for working conditions and the associated health and safety issues, especially in the scrap yards of Southern Asia, so as to protect workers and the environment from the adverse impacts of hazardous waste and dangerous working practices; |
| --- | --- |

10.

Supports initiatives at international level to achieve binding minimum standards on ship recycling and promote the establishment of clean recycling facilities with due consideration for working conditions and the associated health and safety issues, especially in the scrap yards of Southern Asia, so as to protect workers and the environment from the adverse impacts of hazardous waste and dangerous working practices;

| 11. | Calls upon the Commission to compile and maintain a list of seagoing ships which are likely to be scrapped within a few years and to envisage mechanisms whereby such ships are considered as ‘pre-waste ships’ for which a disposal plan needs to be drawn up prior to selling for scrapping; calls on the Member States and port authorities, which must have the power to identify ‘end-of-life’ ships, to use this list to step up their monitoring of those ships, which could potentially be scrapped; considers that, in this connection, speedy adoption of the proposed revision of the Directive on port state control (5) would be desirable; |
| --- | --- |

11.

Calls upon the Commission to compile and maintain a list of seagoing ships which are likely to be scrapped within a few years and to envisage mechanisms whereby such ships are considered as ‘pre-waste ships’ for which a disposal plan needs to be drawn up prior to selling for scrapping; calls on the Member States and port authorities, which must have the power to identify ‘end-of-life’ ships, to use this list to step up their monitoring of those ships, which could potentially be scrapped; considers that, in this connection, speedy adoption of the proposed revision of the Directive on port state control (5) would be desirable;

| 12. | Calls upon the Commission and Member States to negotiate an IMO convention that incorporates extensive requirements and regulations which:






  — | ensure a level of control at least equivalent to that of the Basel Convention, |
| --- | --- | --- |

12.

Calls upon the Commission and Member States to negotiate an IMO convention that incorporates extensive requirements and regulations which:

—

ensure a level of control at least equivalent to that of the Basel Convention,

| — | provide for a high global safety and environmental standard of ship recycling that is third party audited and certified, |
| --- | --- |

—

provide for a high global safety and environmental standard of ship recycling that is third party audited and certified,

| — | disqualify beaching from being an appropriate dismantling methodology, |
| --- | --- |

—

disqualify beaching from being an appropriate dismantling methodology,

| — | will not allow ship dismantling by non-parties; |
| --- | --- |

—

will not allow ship dismantling by non-parties;

| — | establish the substitution principle for eliminating the current use of hazardous materials in the construction of new ships; |
| --- | --- |

—

establish the substitution principle for eliminating the current use of hazardous materials in the construction of new ships;

and considers that this future convention should impose a requirement either to remove all hazardous materials from end-of-life ships before sending them for dismantling to non-OECD countries or to send them to specially authorised recycling facilities in OECD or EU countries which comply with clearly defined safety and environmental standards;

| 13. | Calls on the Commission to consider possible measures to reduce the potential financial implications of ship dismantling by setting more stringent production standards, such as a restriction on the use of certain hazardous substances; |
| --- | --- |

13.

Calls on the Commission to consider possible measures to reduce the potential financial implications of ship dismantling by setting more stringent production standards, such as a restriction on the use of certain hazardous substances;

| 14. | Strongly recommends that EU efforts aim at safeguarding minimum standards ensuring the highest environmental, health and safety protection and comprising in particular regulations for the design and construction of ships, their operation, the preparation of ships for recycling, the operation of ship recycling facilities and the establishment of an appropriate enforcement mechanism for ship recycling, incorporating certification and reporting requirements; |
| --- | --- |

14.

Strongly recommends that EU efforts aim at safeguarding minimum standards ensuring the highest environmental, health and safety protection and comprising in particular regulations for the design and construction of ships, their operation, the preparation of ships for recycling, the operation of ship recycling facilities and the establishment of an appropriate enforcement mechanism for ship recycling, incorporating certification and reporting requirements;

| 15. | Calls on the Commission to implement as a matter of urgency a reliable system of checks on the application of the Basel Convention on ships destined for scrapping; |
| --- | --- |

15.

Calls on the Commission to implement as a matter of urgency a reliable system of checks on the application of the Basel Convention on ships destined for scrapping;

| 16. | Considers that monitoring of the implementation of the future IMO convention should be just as stringent as in the case of the Basel Convention: all relevant standards and obligations of the ILO must be incorporated in the instrument, no exceptions may be permitted, serious deficiencies in the interpretation and enforcement of the existing regulatory framework must be eliminated and measures must be taken to prevent end-of-life ships which contain hazardous waste or which themselves constitute hazardous waste from departing to non-OECD countries, to OECD countries with inadequate installations or to countries which are not contracting parties to that convention; |
| --- | --- |

16.

Considers that monitoring of the implementation of the future IMO convention should be just as stringent as in the case of the Basel Convention: all relevant standards and obligations of the ILO must be incorporated in the instrument, no exceptions may be permitted, serious deficiencies in the interpretation and enforcement of the existing regulatory framework must be eliminated and measures must be taken to prevent end-of-life ships which contain hazardous waste or which themselves constitute hazardous waste from departing to non-OECD countries, to OECD countries with inadequate installations or to countries which are not contracting parties to that convention;

| 17. | Emphasises the need to reinforce the actions taken by the Commission and the Member States, at EU and international level, aimed at safeguarding the minimum standards that ensure the highest levels of environmental, health and safety protection and at adherence to the principle enshrined in Articles 34 and 36 of the Waste Shipments Regulation (implementing the Basel Ban Amendment), which is to ban the export of hazardous wastes to developing countries; to this end calls on the Commission to propose a regulation on the design and construction of ships, their operation throughout their life-cycle and their preparation for recycling, the operation of ship recycling facilities and the establishment of an appropriate enforcement mechanism for ship recycling, incorporating certification and reporting requirements; |
| --- | --- |

17.

Emphasises the need to reinforce the actions taken by the Commission and the Member States, at EU and international level, aimed at safeguarding the minimum standards that ensure the highest levels of environmental, health and safety protection and at adherence to the principle enshrined in Articles 34 and 36 of the Waste Shipments Regulation (implementing the Basel Ban Amendment), which is to ban the export of hazardous wastes to developing countries; to this end calls on the Commission to propose a regulation on the design and construction of ships, their operation throughout their life-cycle and their preparation for recycling, the operation of ship recycling facilities and the establishment of an appropriate enforcement mechanism for ship recycling, incorporating certification and reporting requirements;

| 18. | Calls on the Commission to take into consideration the decisions of the forthcoming third session of the Joint ILO/IMO/Basel Convention Working Group on Ship Scrapping on joint technical cooperation activities and a coordinated approach to interim measures to be taken pending entry into force of the new IMO Convention on ship recycling; |
| --- | --- |

18.

Calls on the Commission to take into consideration the decisions of the forthcoming third session of the Joint ILO/IMO/Basel Convention Working Group on Ship Scrapping on joint technical cooperation activities and a coordinated approach to interim measures to be taken pending entry into force of the new IMO Convention on ship recycling;

| 19. | Urges that immediate measures be taken to support the development of a competitive and clean ship dismantling and remediation (pre-cleaning) industry in the EU; urges the Member States in this connection to require pre-cleaning and clean recycling of all ships which are State property, including warships, and to dismantle them in a safe and environmentally sound manner in EU facilities which should be carried out through public tenders with strict public procurement rules in full respect of the Waste Shipments Regulation; considers moreover that the development of recycling activities at European shipyards should be supported as part of EU industrial, structural and cohesion policy; |
| --- | --- |

19.

Urges that immediate measures be taken to support the development of a competitive and clean ship dismantling and remediation (pre-cleaning) industry in the EU; urges the Member States in this connection to require pre-cleaning and clean recycling of all ships which are State property, including warships, and to dismantle them in a safe and environmentally sound manner in EU facilities which should be carried out through public tenders with strict public procurement rules in full respect of the Waste Shipments Regulation; considers moreover that the development of recycling activities at European shipyards should be supported as part of EU industrial, structural and cohesion policy;

| 20. | Takes the view that all vessels flying the flag of a Member State and all ships that call at EU ports should be obliged to carry lists of the materials and products used in their building and fitting-out; |
| --- | --- |

20.

Takes the view that all vessels flying the flag of a Member State and all ships that call at EU ports should be obliged to carry lists of the materials and products used in their building and fitting-out;

| 21. | Calls on the Commission to develop a list of preferred ship recycling facilities which comply with recognised international human rights and health and safety standards; welcomes the suggestion by the Commission that certification and labelling systems should be established for safe and clean recycling facilities and considers that Community subsidies should be granted to the shipping industry only on condition that they adhere to the Waste Shipments Regulation and to other EU requirements, such as the use of certified and regularly audited facilities; stresses that it cannot be the intention to destroy the ship dismantling market in Southern Asia but that on the contrary the aim should be to preserve it by promoting environmentally sound dismantling; |
| --- | --- |

21.

Calls on the Commission to develop a list of preferred ship recycling facilities which comply with recognised international human rights and health and safety standards; welcomes the suggestion by the Commission that certification and labelling systems should be established for safe and clean recycling facilities and considers that Community subsidies should be granted to the shipping industry only on condition that they adhere to the Waste Shipments Regulation and to other EU requirements, such as the use of certified and regularly audited facilities; stresses that it cannot be the intention to destroy the ship dismantling market in Southern Asia but that on the contrary the aim should be to preserve it by promoting environmentally sound dismantling;

| 22. | Considers that the EU needs to lead the way and encourage global action, with a clear objective of gradually ending the current practices of ship dismantling in Southern Asia, and move towards the adoption and implementation of an international convention setting environmental and social standards for all parties involved; |
| --- | --- |

22.

Considers that the EU needs to lead the way and encourage global action, with a clear objective of gradually ending the current practices of ship dismantling in Southern Asia, and move towards the adoption and implementation of an international convention setting environmental and social standards for all parties involved;

| 23. | Calls for a global strategy which ensures that ship recycling is carried out in such a way that all those involved in the process (including shipowners, recycling/scrapping facilities, the flag state of the ship, the state in which the ship's recycling will take place) are coordinated and assume their due share of responsibility; |
| --- | --- |

23.

Calls for a global strategy which ensures that ship recycling is carried out in such a way that all those involved in the process (including shipowners, recycling/scrapping facilities, the flag state of the ship, the state in which the ship's recycling will take place) are coordinated and assume their due share of responsibility;

| 24. | Calls on the Commission to propose specific measures to promote the transfer of know-how and technology in order to help dismantling yards in Southern Asia to comply with international safety and environmental requirements; considers that this aim should also be taken into account in the wider framework of the EU's development aid policy for these countries; considers that, in this context, use should also be made of the possible expertise of trade unions and nongovernmental organisations; |
| --- | --- |

24.

Calls on the Commission to propose specific measures to promote the transfer of know-how and technology in order to help dismantling yards in Southern Asia to comply with international safety and environmental requirements; considers that this aim should also be taken into account in the wider framework of the EU's development aid policy for these countries; considers that, in this context, use should also be made of the possible expertise of trade unions and nongovernmental organisations;

| 25. | Welcomes the results already obtained by the ShipDismantl project funded by the Seventh Framework Programme for research and technology development, under which support systems are being developed that will be made available free of charge to the ship-breaking industry worldwide; is convinced that further improvements will be possible as a result of new calls for proposals which specifically concentrate on end-of-life strategies for vessels; |
| --- | --- |

25.

Welcomes the results already obtained by the ShipDismantl project funded by the Seventh Framework Programme for research and technology development, under which support systems are being developed that will be made available free of charge to the ship-breaking industry worldwide; is convinced that further improvements will be possible as a result of new calls for proposals which specifically concentrate on end-of-life strategies for vessels;

| 26. | Calls on the Commission to further study and carefully evaluate the benefits of enhanced financial cooperation with and direct investment in selected Southern Asian dismantling sites, and thereby assist in forming a network of certified, EU-approved dismantling sites that may generate greater returns on investment in economic, environmental and social terms. |
| --- | --- |

26.

Calls on the Commission to further study and carefully evaluate the benefits of enhanced financial cooperation with and direct investment in selected Southern Asian dismantling sites, and thereby assist in forming a network of certified, EU-approved dismantling sites that may generate greater returns on investment in economic, environmental and social terms.

| 27. | Considers that the ‘polluter pays’ principle
  ,
  the principle of extended producer responsibility and the principle of producer liability should be applied extensively in order to attain a lasting solution to this problem; |
| --- | --- |

27.

Considers that the ‘polluter pays’ principle
  ,
  the principle of extended producer responsibility and the principle of producer liability should be applied extensively in order to attain a lasting solution to this problem;

| 28. | Takes the view that the ship's operator/owner is always responsible for any harmful effects of the dismantling on workers, public health or the environment, regardless of where the dismantling takes place (whether inside or outside the EU); |
| --- | --- |

28.

Takes the view that the ship's operator/owner is always responsible for any harmful effects of the dismantling on workers, public health or the environment, regardless of where the dismantling takes place (whether inside or outside the EU);

| 29. | Welcomes the proposal to establish a fund for ship dismantling and calls upon the Commission and Member States to pursue with determination the aim of establishing such a fund simultaneously at IMO and EU levels; calls on the Commission in this connection also to investigate the financial mechanism available, involving both shipyards and shipowners and including a compulsory insurance requirement and the use of port fees, taxes on new ships and annual taxes linked to IMO-registration, in order to ensure environmentally sound recycling from the moment when a ship first starts to operate, bearing in mind that a vessel may have more than one owner in the course of its useful life; |
| --- | --- |

29.

Welcomes the proposal to establish a fund for ship dismantling and calls upon the Commission and Member States to pursue with determination the aim of establishing such a fund simultaneously at IMO and EU levels; calls on the Commission in this connection also to investigate the financial mechanism available, involving both shipyards and shipowners and including a compulsory insurance requirement and the use of port fees, taxes on new ships and annual taxes linked to IMO-registration, in order to ensure environmentally sound recycling from the moment when a ship first starts to operate, bearing in mind that a vessel may have more than one owner in the course of its useful life;

| 30. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the governments of Turkey, Bangladesh, China, Pakistan and India, and the IMO. |
| --- | --- |

30.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the governments of Turkey, Bangladesh, China, Pakistan and India, and the IMO.

---

(1)  OJ L 190, 12.7.2006, p. 1.

(2)  Det Norske Veritas/Appledore International, Technological and Economic Feasibility Study of Ship Scrapping in Europe. Final Report (No 2000-3527), 13.2.2001.

(3)  European Commission, DG Energy and Transport: Oil Tanker Phase Out and the Ship Scrapping Industry, COWI final report, June 2004.

(4)  OJ L 114, 27.4.2006, p. 9.

(5)  Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (OJ L 157, 7.7.1995, p. 1).

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/51 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/51

---

Scientific facts of climate change: findings and recommendations for decision-making

P6_TA(2008)0223

European Parliament resolution of 21 May 2008 on the scientific facts of climate change: findings and recommendations for decision-making (2008/2001(INI))

(2009/C 279 E/10)

The European Parliament,

| — | having regard to its decision of 25 April 2007 on setting up a temporary committee on climate change (1), adopted pursuant to Rule 175 of its Rules of Procedure, |
| --- | --- |

—

having regard to its decision of 25 April 2007 on setting up a temporary committee on climate change (1), adopted pursuant to Rule 175 of its Rules of Procedure,

| — | having regard to the Presidency Conclusions of the Brussels European Council of 8-9 March 2007, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Brussels European Council of 8-9 March 2007,

| — | having regard to the G8 Summit Declaration of 7 June 2007, issued in Heiligendamm, and in particular to the section thereof entitled ‘Climate Change, Energy Efficiency and Energy Security — Challenge and Opportunity for World Economic Growth’, |
| --- | --- |

—

having regard to the G8 Summit Declaration of 7 June 2007, issued in Heiligendamm, and in particular to the section thereof entitled ‘Climate Change, Energy Efficiency and Energy Security — Challenge and Opportunity for World Economic Growth’,

| — | having regard to the conclusions of the Fourth Assessment Report (AR4) of the Intergovernmental Panel on Climate Change (IPCC), released in Valencia, Spain, on 17 November 2007, and to the further studies commissioned by national governments or conducted by other UN bodies, |
| --- | --- |

—

having regard to the conclusions of the Fourth Assessment Report (AR4) of the Intergovernmental Panel on Climate Change (IPCC), released in Valencia, Spain, on 17 November 2007, and to the further studies commissioned by national governments or conducted by other UN bodies,

| — | having regard to the Communication from the Commission entitled ‘Progress towards achieving the Kyoto Objectives’ (COM(2007)0757), |
| --- | --- |

—

having regard to the Communication from the Commission entitled ‘Progress towards achieving the Kyoto Objectives’ (COM(2007)0757),

| — | having regard to the Joint Parliamentary Meeting on Climate Change between the European Parliament and national parliaments of the Member States and the candidate countries of 1-2 October 2007, |
| --- | --- |

—

having regard to the Joint Parliamentary Meeting on Climate Change between the European Parliament and national parliaments of the Member States and the candidate countries of 1-2 October 2007,

| — | having regard to the Thirteenth Conference of the Parties (COP 13) to the United Nations Framework Convention on Climate Change (UNFCCC) and to the Third Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol (COP/MOP 3) held in Bali, Indonesia, from 3 to 15 December 2007, |
| --- | --- |

—

having regard to the Thirteenth Conference of the Parties (COP 13) to the United Nations Framework Convention on Climate Change (UNFCCC) and to the Third Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol (COP/MOP 3) held in Bali, Indonesia, from 3 to 15 December 2007,

| — | having regard to the public hearings and exchanges of views with high-level personalities and to the outcome of the delegation visits made by Parliament's Temporary Committee on Climate Change, and in particular to the information gathered through the experts' presentations and the subsequent debate at the Thematic Session of 10 September 2007 on ‘Climate impact of different levels of warming’, |
| --- | --- |

—

having regard to the public hearings and exchanges of views with high-level personalities and to the outcome of the delegation visits made by Parliament's Temporary Committee on Climate Change, and in particular to the information gathered through the experts' presentations and the subsequent debate at the Thematic Session of 10 September 2007 on ‘Climate impact of different levels of warming’,

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the interim report of the Temporary Committee on Climate Change (A6-0136/2008), |
| --- | --- |

—

having regard to the interim report of the Temporary Committee on Climate Change (A6-0136/2008),

| A. | whereas the mandate of the Temporary Committee on Climate Change calls on the committee to formulate recommendations on the EU's future integrated policy on climate change; whereas such recommendations should be based on state-of-the-art research, and should not exclude the latest scientific evidence, |
| --- | --- |

A.

whereas the mandate of the Temporary Committee on Climate Change calls on the committee to formulate recommendations on the EU's future integrated policy on climate change; whereas such recommendations should be based on state-of-the-art research, and should not exclude the latest scientific evidence,

| B. | whereas the Temporary Committee's interim report addresses exclusively the impacts and effects of climate change based on scientific evidence; whereas a final report will formulate proposals on the EU's future integrated policy on climate change in accordance with the mandate conferred on the committee and on the basis of all the information gathered by it in the course of its work; whereas that final report will also include Parliament's position in the negotiations regarding the international framework for climate policy after 2012, with a view to COP 14, which is to be held in Poznan, Poland, in December 2008, |
| --- | --- |

B.

whereas the Temporary Committee's interim report addresses exclusively the impacts and effects of climate change based on scientific evidence; whereas a final report will formulate proposals on the EU's future integrated policy on climate change in accordance with the mandate conferred on the committee and on the basis of all the information gathered by it in the course of its work; whereas that final report will also include Parliament's position in the negotiations regarding the international framework for climate policy after 2012, with a view to COP 14, which is to be held in Poznan, Poland, in December 2008,

| C. | whereas the scientific consensus on the origins and causes of climate change is well established and recognised worldwide inside and outside the IPCC; whereas scientific knowledge and understanding of the underlying human origins of the current global warming trend have grown enormously since the first IPCC assessment report in 1990 and are now regarded as scientific facts; whereas there is a deep-seated scientific consensus on the role played by anthropogenic emissions of greenhouse gases (GHG) in the global climate; whereas, in the light of the risk assessment provided, uncertainty demands action rather than a deferral of action, |
| --- | --- |

C.

whereas the scientific consensus on the origins and causes of climate change is well established and recognised worldwide inside and outside the IPCC; whereas scientific knowledge and understanding of the underlying human origins of the current global warming trend have grown enormously since the first IPCC assessment report in 1990 and are now regarded as scientific facts; whereas there is a deep-seated scientific consensus on the role played by anthropogenic emissions of greenhouse gases (GHG) in the global climate; whereas, in the light of the risk assessment provided, uncertainty demands action rather than a deferral of action,

| D. | whereas the knowledge about climate change and the causes of global warming gathered to date through research and data collection is sufficient to trigger the political action and decision-making urgently needed in order to reduce emissions very substantially and to prepare for adaptation to unavoidable climate change, |
| --- | --- |

D.

whereas the knowledge about climate change and the causes of global warming gathered to date through research and data collection is sufficient to trigger the political action and decision-making urgently needed in order to reduce emissions very substantially and to prepare for adaptation to unavoidable climate change,

| E. | whereas, according to IPCC AR4, global emissions of CO2 grew by about 80 % between 1970 and 2004 and these increases are due primarily to the use of fossil fuels, |
| --- | --- |

E.

whereas, according to IPCC AR4, global emissions of CO2 grew by about 80 % between 1970 and 2004 and these increases are due primarily to the use of fossil fuels,

| F. | whereas research based on observations and modelling shows the risk of serious impact on our planet if measures are not taken swiftly to slow or even halt further increases in CO2 and other GHG emissions, as listed in the IPCC list of greenhouse gases, |
| --- | --- |

F.

whereas research based on observations and modelling shows the risk of serious impact on our planet if measures are not taken swiftly to slow or even halt further increases in CO2 and other GHG emissions, as listed in the IPCC list of greenhouse gases,

| G. | whereas, since the review period and the subsequent publication of IPCC AR4, numerous new scientific studies have measured and brought forward data confirming the global warming trend and have further assessed the implications of climate change on mankind in social, economic and ecological terms, as well as the need to adapt to it and mitigate it, |
| --- | --- |

G.

whereas, since the review period and the subsequent publication of IPCC AR4, numerous new scientific studies have measured and brought forward data confirming the global warming trend and have further assessed the implications of climate change on mankind in social, economic and ecological terms, as well as the need to adapt to it and mitigate it,

| H. | whereas the Stern Review concludes that, if no measures are taken, the annual cost of projected climate change will account for between 5 % and 20 % of GDP in 2050; whereas the same report concludes that the climate objectives can be met if, starting now, 1 % of GDP is spent each year on measures in this area, |
| --- | --- |

H.

whereas the Stern Review concludes that, if no measures are taken, the annual cost of projected climate change will account for between 5 % and 20 % of GDP in 2050; whereas the same report concludes that the climate objectives can be met if, starting now, 1 % of GDP is spent each year on measures in this area,

| I. | whereas the continuing scientific debate no longer questions the underlying causes of global warming and climate change; whereas all scientific debate is merely an expression of scientific progress aimed at clarifying remaining uncertainties or doubts and is historically marked by the quest for a deeper understanding of the human impact on natural processes, |
| --- | --- |

I.

whereas the continuing scientific debate no longer questions the underlying causes of global warming and climate change; whereas all scientific debate is merely an expression of scientific progress aimed at clarifying remaining uncertainties or doubts and is historically marked by the quest for a deeper understanding of the human impact on natural processes,

| J. | whereas recent scientific studies have delivered further proof of the anthropogenic disturbance of the earth's atmosphere; whereas the physical science of climate change is assessing the concrete implications of already existing levels of global warming caused by historical emissions; whereas the data collected from such studies underline the urgent need for adaptation and mitigation measures to be implemented in order to limit alarming risk to humans, the biodiversity of flora and fauna, habitats and infrastructure, first and foremost in the developing world but also in Europe and other wealthier parts of the world, |
| --- | --- |

J.

whereas recent scientific studies have delivered further proof of the anthropogenic disturbance of the earth's atmosphere; whereas the physical science of climate change is assessing the concrete implications of already existing levels of global warming caused by historical emissions; whereas the data collected from such studies underline the urgent need for adaptation and mitigation measures to be implemented in order to limit alarming risk to humans, the biodiversity of flora and fauna, habitats and infrastructure, first and foremost in the developing world but also in Europe and other wealthier parts of the world,

| K. | whereas science has identified a number of so-called ‘tipping-points’ in the earth's climate system; whereas such ‘tipping points’ represent ‘points of no return’ for practically irreversible climate change impacts that cannot be reasonably managed by humans; whereas these ‘tipping-points’ and the unstoppable bio-geophysical processes triggered thereby cannot be fully included in the existing future climate scenarios; whereas such ‘tipping points’ include: melting of permafrost, with the resulting release of large quantities of methane into the atmosphere; melting of glaciers, with an increase in the rate of sunlight absorption and lower CO2 solubility in seawater, bringing with it a rise in temperature; whereas, as temperatures rise, these factors tend gradually to exacerbate global warming, owing to a positive feedback effect, |
| --- | --- |

K.

whereas science has identified a number of so-called ‘tipping-points’ in the earth's climate system; whereas such ‘tipping points’ represent ‘points of no return’ for practically irreversible climate change impacts that cannot be reasonably managed by humans; whereas these ‘tipping-points’ and the unstoppable bio-geophysical processes triggered thereby cannot be fully included in the existing future climate scenarios; whereas such ‘tipping points’ include: melting of permafrost, with the resulting release of large quantities of methane into the atmosphere; melting of glaciers, with an increase in the rate of sunlight absorption and lower CO2 solubility in seawater, bringing with it a rise in temperature; whereas, as temperatures rise, these factors tend gradually to exacerbate global warming, owing to a positive feedback effect,

| L. | whereas 20 %-30 % of all species are projected to be at increased risk of extinction if there is a 1.5 °C-2.5 °C rise in warming; whereas the percentage based on a 3.5 °C rise in warming is 40 %-70 %, thus making climate change mitigation critical for the preservation of global biodiversity and the maintenance of eco-system services, |
| --- | --- |

L.

whereas 20 %-30 % of all species are projected to be at increased risk of extinction if there is a 1.5 °C-2.5 °C rise in warming; whereas the percentage based on a 3.5 °C rise in warming is 40 %-70 %, thus making climate change mitigation critical for the preservation of global biodiversity and the maintenance of eco-system services,

| M. | whereas more than 70 % of the world's surface is covered by oceans; more than 97 % of all the planet's water is contained in the oceans; the oceans provide 99 % of the Earth's living space; fish supply the highest percentage of the world's protein consumed by humans, on which 3,5 billion people depend for their primary source of food; and three-quarters of the world's mega-cities are located by the sea, |
| --- | --- |

M.

whereas more than 70 % of the world's surface is covered by oceans; more than 97 % of all the planet's water is contained in the oceans; the oceans provide 99 % of the Earth's living space; fish supply the highest percentage of the world's protein consumed by humans, on which 3,5 billion people depend for their primary source of food; and three-quarters of the world's mega-cities are located by the sea,

| N. | whereas the scientific consensus as expressed in IPCC AR4 leads to the conclusion that the level of global GHG emissions must be reduced by 50 % to 85 % compared to 2000 to avoid serious risks; whereas it will be increasingly difficult to achieve this target if global GHG emissions continue to rise until 2020 and beyond; whereas nearly all Member States are making good progress in their efforts to comply with their individual EU burden-sharing targets, thus raising the likelihood that the EU will reach its Kyoto target by 2012; whereas, nevertheless, after 2012 Member States will have to reduce GHG emissions in a more ambitious way if they are to meet the targets adopted at the abovementioned European Council of 8-9 March 2007, to be achieved collectively by developed countries, of reducing their GHG emissions by 60 % to 80 % by 2050 compared to 1990, |
| --- | --- |

N.

whereas the scientific consensus as expressed in IPCC AR4 leads to the conclusion that the level of global GHG emissions must be reduced by 50 % to 85 % compared to 2000 to avoid serious risks; whereas it will be increasingly difficult to achieve this target if global GHG emissions continue to rise until 2020 and beyond; whereas nearly all Member States are making good progress in their efforts to comply with their individual EU burden-sharing targets, thus raising the likelihood that the EU will reach its Kyoto target by 2012; whereas, nevertheless, after 2012 Member States will have to reduce GHG emissions in a more ambitious way if they are to meet the targets adopted at the abovementioned European Council of 8-9 March 2007, to be achieved collectively by developed countries, of reducing their GHG emissions by 60 % to 80 % by 2050 compared to 1990,

| O. | whereas IPCC AR4 shows that positive feedbacks between warming and reduction in carbon sinks on land and in oceans may require a substantial further reduction of emissions in order to stabilise GHG concentrations, |
| --- | --- |

O.

whereas IPCC AR4 shows that positive feedbacks between warming and reduction in carbon sinks on land and in oceans may require a substantial further reduction of emissions in order to stabilise GHG concentrations,

| P. | whereas there is political consensus in the EU on the vital importance of achieving the strategic objective of limiting the global average temperature increase to not more than 2 °C above pre-industrial levels; whereas the global temperature has already risen by 0.74 °C during the last century and will inevitably continue to increase by a further 0.5 °C -0.7 °C due to historical emissions, |
| --- | --- |

P.

whereas there is political consensus in the EU on the vital importance of achieving the strategic objective of limiting the global average temperature increase to not more than 2 °C above pre-industrial levels; whereas the global temperature has already risen by 0.74 °C during the last century and will inevitably continue to increase by a further 0.5 °C -0.7 °C due to historical emissions,

| Q. | whereas, according to IPCC AR4, global GHG emissions have grown since pre-industrial times and are currently growing faster than ever before, with an increase due to human activities of 70 % between 1970 and 2004 and a significant increase of 24 % since 1990; whereas many natural systems on all continents and in most oceans are already affected by regional climate change through rising temperatures, changing rain and wind patterns and increased water scarcity, |
| --- | --- |

Q.

whereas, according to IPCC AR4, global GHG emissions have grown since pre-industrial times and are currently growing faster than ever before, with an increase due to human activities of 70 % between 1970 and 2004 and a significant increase of 24 % since 1990; whereas many natural systems on all continents and in most oceans are already affected by regional climate change through rising temperatures, changing rain and wind patterns and increased water scarcity,

| R. | whereas, for the climate system, it is the total amount of cumulated GHG emitted into the atmosphere that is relevant, not relative emissions or relative reductions and thus, for the purposes of avoiding dangerous climate change, the most significant determining factor is the total amount of GHG emissions in the coming years and decades, |
| --- | --- |

R.

whereas, for the climate system, it is the total amount of cumulated GHG emitted into the atmosphere that is relevant, not relative emissions or relative reductions and thus, for the purposes of avoiding dangerous climate change, the most significant determining factor is the total amount of GHG emissions in the coming years and decades,

| S. | whereas IPCC AR4 has, for the first time, collated existing documented wide-ranging impacts of changes in current climate for Europe, such as retreating glaciers, longer growing seasons, shifts of species' ranges and health impacts due to a heatwave of unprecedented magnitude; whereas the observed changes are consistent with those projected for future climate change; whereas, in an overall balance for Europe, nearly all regions will be negatively affected by some future impacts of climate change and these will pose challenges to many socio-economic sectors; whereas climate change is expected to magnify regional differences in Europe's natural resources, e.g. water availability, |
| --- | --- |

S.

whereas IPCC AR4 has, for the first time, collated existing documented wide-ranging impacts of changes in current climate for Europe, such as retreating glaciers, longer growing seasons, shifts of species' ranges and health impacts due to a heatwave of unprecedented magnitude; whereas the observed changes are consistent with those projected for future climate change; whereas, in an overall balance for Europe, nearly all regions will be negatively affected by some future impacts of climate change and these will pose challenges to many socio-economic sectors; whereas climate change is expected to magnify regional differences in Europe's natural resources, e.g. water availability,

| T. | whereas climate change, together with massive urbanisation due to population growth, is expected to increase urban heat, with direct negative impacts on the health and welfare of urban citizens, |
| --- | --- |

T.

whereas climate change, together with massive urbanisation due to population growth, is expected to increase urban heat, with direct negative impacts on the health and welfare of urban citizens,

| U. | whereas existing climate change mitigation policies and related sustainable development practices, which must in any case be intensified, will nevertheless be insufficient to reduce global GHG emissions over the next decades; whereas, according to scientific recommendations, the window of opportunity for the successful stabilisation of global GHG concentration to a level corresponding to a 50 % likelihood of maintaining climate change to 2 °C will remain open until 2015, when global emissions would need to peak, |
| --- | --- |

U.

whereas existing climate change mitigation policies and related sustainable development practices, which must in any case be intensified, will nevertheless be insufficient to reduce global GHG emissions over the next decades; whereas, according to scientific recommendations, the window of opportunity for the successful stabilisation of global GHG concentration to a level corresponding to a 50 % likelihood of maintaining climate change to 2 °C will remain open until 2015, when global emissions would need to peak,

| V. | whereas the contribution of Working Group III to IPCC AR4 indicates that, in order to achieve the lowest levels assessed by the IPCC to date and the corresponding potential damage limitation, Annex I parties to the UNFCCC would need as a group to reduce emissions by 25 %-40 % below 1990 levels by 2020, |
| --- | --- |

V.

whereas the contribution of Working Group III to IPCC AR4 indicates that, in order to achieve the lowest levels assessed by the IPCC to date and the corresponding potential damage limitation, Annex I parties to the UNFCCC would need as a group to reduce emissions by 25 %-40 % below 1990 levels by 2020,

| W. | whereas the next IPCC assessment report will probably not be published until 2012 or 2013; whereas additional knowledge emanating from peer-reviewed scientific literature and from scientific reports commissioned by governments or conducted by other international bodies or UN institutions such as the Food and Agricultural Organization (FAO), the UN Environment Programme (UNEP), the UN Development Programme (UNDP), the World Meteorological Organization (WMO) or the World Health Organization (WHO) are making a significant contribution to a deeper understanding of the current and future impact of climate change on humans and the environment, as well as to adaptation to and mitigation of climate change, |
| --- | --- |

W.

whereas the next IPCC assessment report will probably not be published until 2012 or 2013; whereas additional knowledge emanating from peer-reviewed scientific literature and from scientific reports commissioned by governments or conducted by other international bodies or UN institutions such as the Food and Agricultural Organization (FAO), the UN Environment Programme (UNEP), the UN Development Programme (UNDP), the World Meteorological Organization (WMO) or the World Health Organization (WHO) are making a significant contribution to a deeper understanding of the current and future impact of climate change on humans and the environment, as well as to adaptation to and mitigation of climate change,

| X. | whereas most results of these additional studies underline the urgent need to respond to global warming without delay; whereas, in particular, the latest WMO data published in December 2007 state that the decade from 1998 to 2007 is the warmest on record and that 2007 will itself be one of the 10 warmest years on record, with an expected temperature anomaly of 0.41 °C above the long-term average, and whereas 2007 was marked by temperature anomalies of more than 4 °C above the long-term monthly averages for January and April 2007 in parts of Europe, |
| --- | --- |

X.

whereas most results of these additional studies underline the urgent need to respond to global warming without delay; whereas, in particular, the latest WMO data published in December 2007 state that the decade from 1998 to 2007 is the warmest on record and that 2007 will itself be one of the 10 warmest years on record, with an expected temperature anomaly of 0.41 °C above the long-term average, and whereas 2007 was marked by temperature anomalies of more than 4 °C above the long-term monthly averages for January and April 2007 in parts of Europe,

| Y. | whereas it is necessary to see global warming and the various dimensions of climate change from the perspective of other global problems such as poverty or global health issues, as these problems will be exacerbated by the effects of rising temperatures, drought, floods, rising sea levels and increasingly frequent extreme climate phenomena; whereas climate change could impede the ability of countries to follow sustainable development pathways and attain the Millennium Development Goals; whereas climate change could seriously threaten examples of successful development and should therefore be an overarching issue in international cooperation, |
| --- | --- |

Y.

whereas it is necessary to see global warming and the various dimensions of climate change from the perspective of other global problems such as poverty or global health issues, as these problems will be exacerbated by the effects of rising temperatures, drought, floods, rising sea levels and increasingly frequent extreme climate phenomena; whereas climate change could impede the ability of countries to follow sustainable development pathways and attain the Millennium Development Goals; whereas climate change could seriously threaten examples of successful development and should therefore be an overarching issue in international cooperation,

| 1. | Welcomes the recognition by the Parties to the UNFCCC at their meeting in Bali that IPCC AR4 represents the most comprehensive and authoritative assessment of climate change to date, providing an integrated scientific, technical and socio-economic perspective on relevant issues, as well as the encouragement to draw on the information which it provides in the development and implementation of national policies on climate change; |
| --- | --- |

1.

Welcomes the recognition by the Parties to the UNFCCC at their meeting in Bali that IPCC AR4 represents the most comprehensive and authoritative assessment of climate change to date, providing an integrated scientific, technical and socio-economic perspective on relevant issues, as well as the encouragement to draw on the information which it provides in the development and implementation of national policies on climate change;

| 2. | Is convinced that science progresses by confronting accepted knowledge and hypotheses with competing ideas, and by applying peer-review procedures; praises the IPCC for its work and its ability to involve the work of thousands of scientists; believes that the IPCC should take new arguments seriously, in order to continue to guarantee the credibility and quality of its research; |
| --- | --- |

2.

Is convinced that science progresses by confronting accepted knowledge and hypotheses with competing ideas, and by applying peer-review procedures; praises the IPCC for its work and its ability to involve the work of thousands of scientists; believes that the IPCC should take new arguments seriously, in order to continue to guarantee the credibility and quality of its research;

| 3. | Regards the science of climate change as sufficiently settled and reiterates its commitment to the EU's strategic objective of limiting the global average temperature increase to not more than 2 °C above pre-industrial levels, which, according to several scientific reports, can be attained with approximately 50 % probability at an atmospheric GHG concentration of 400-450 ppm CO2 equivalent and which, according to IPCC AR4, will require industrialised countries to reduce their GHG emissions by 25 %-40 % below 1990 levels by 2020; believes, notwithstanding this, that all efforts to curb emissions should in fact aim at staying well below the 2 °C target, as such a level of warming would already heavily impact on our society and individual lifestyles and would also entail significant changes in ecosystems and water resources; |
| --- | --- |

3.

Regards the science of climate change as sufficiently settled and reiterates its commitment to the EU's strategic objective of limiting the global average temperature increase to not more than 2 °C above pre-industrial levels, which, according to several scientific reports, can be attained with approximately 50 % probability at an atmospheric GHG concentration of 400-450 ppm CO2 equivalent and which, according to IPCC AR4, will require industrialised countries to reduce their GHG emissions by 25 %-40 % below 1990 levels by 2020; believes, notwithstanding this, that all efforts to curb emissions should in fact aim at staying well below the 2 °C target, as such a level of warming would already heavily impact on our society and individual lifestyles and would also entail significant changes in ecosystems and water resources;

| 4. | Stresses that, as man-made GHG emissions rise, there will be dramatic impacts on and severe threats to marine ecosystems, resources and the fishing community, and that significant changes in water temperature may lead to shifting populations of marine organisms (migrations), including the invasion of alien species and the disappearance of indigenous species; |
| --- | --- |

4.

Stresses that, as man-made GHG emissions rise, there will be dramatic impacts on and severe threats to marine ecosystems, resources and the fishing community, and that significant changes in water temperature may lead to shifting populations of marine organisms (migrations), including the invasion of alien species and the disappearance of indigenous species;

| 5. | Acknowledges that data projections for 2050 clearly show that the time to act is now; underlines that the window of opportunity for starting the mitigation efforts needed to achieve the 2 °C target will close by the middle of the next decade; |
| --- | --- |

5.

Acknowledges that data projections for 2050 clearly show that the time to act is now; underlines that the window of opportunity for starting the mitigation efforts needed to achieve the 2 °C target will close by the middle of the next decade;

| 6. | Stresses that scientific evidence from all continents and most oceans shows that many natural systems are already affected by regional climate changes due to historical carbon emissions from the industrialised countries; emphasises that it has been scientifically proven that the underlying causes of global warming are predominantly man-made and that the level of gathered knowledge sufficiently proves the anthropogenic disturbance of the Earth's atmosphere; |
| --- | --- |

6.

Stresses that scientific evidence from all continents and most oceans shows that many natural systems are already affected by regional climate changes due to historical carbon emissions from the industrialised countries; emphasises that it has been scientifically proven that the underlying causes of global warming are predominantly man-made and that the level of gathered knowledge sufficiently proves the anthropogenic disturbance of the Earth's atmosphere;

| 7. | Stresses that the projected acidification of the oceans due to rising CO2 levels may have very serious effects on marine ecosystems and calls for further research in this area to enhance our understanding of the problem and to identify implications for policy; |
| --- | --- |

7.

Stresses that the projected acidification of the oceans due to rising CO2 levels may have very serious effects on marine ecosystems and calls for further research in this area to enhance our understanding of the problem and to identify implications for policy;

| 8. | Believes that trends in temperature, oxygen, salinity, pH, chlorophyll and wind oscillation patterns become evident only after many years; stresses the need for data sets and comprehensive ocean and sea floor observation to help explain local changes that impact on fisheries as our ability to unravel the causes and consequences of ecosystem changes; |
| --- | --- |

8.

Believes that trends in temperature, oxygen, salinity, pH, chlorophyll and wind oscillation patterns become evident only after many years; stresses the need for data sets and comprehensive ocean and sea floor observation to help explain local changes that impact on fisheries as our ability to unravel the causes and consequences of ecosystem changes;

| 9. | Stresses that scientific results clearly demonstrate how climate change will occur in the near future, following different regional patterns and demonstrating that global warming is both a development issue and a global environmental issue, with poor people and developing countries being the most vulnerable; considers that adaptation aimed at managing the unavoidable consequences of global warming caused by historical emissions from the industrialised countries is as important as intensive mitigation efforts designed to avoid further unmanageable global warming; |
| --- | --- |

9.

Stresses that scientific results clearly demonstrate how climate change will occur in the near future, following different regional patterns and demonstrating that global warming is both a development issue and a global environmental issue, with poor people and developing countries being the most vulnerable; considers that adaptation aimed at managing the unavoidable consequences of global warming caused by historical emissions from the industrialised countries is as important as intensive mitigation efforts designed to avoid further unmanageable global warming;

| 10. | Stresses that tipping points, including inter alia the dying back of the Amazon rain forest, the deglaciation of Greenland and of the west Antarctic ice sheet, a collapse of the Indian monsoon and a massive release of methane from the Siberian tundra, are difficult to predict but may all very possibly reach their critical points during the course of this century under current climate change conditions; stresses that avoiding these tipping points will require stronger mitigation efforts than indicated by IPCC AR4; |
| --- | --- |

10.

Stresses that tipping points, including inter alia the dying back of the Amazon rain forest, the deglaciation of Greenland and of the west Antarctic ice sheet, a collapse of the Indian monsoon and a massive release of methane from the Siberian tundra, are difficult to predict but may all very possibly reach their critical points during the course of this century under current climate change conditions; stresses that avoiding these tipping points will require stronger mitigation efforts than indicated by IPCC AR4;

| 11. | Welcomes in this respect the outcome, following established scientific advice, of COP 13 and COP/MOP 3 and in particular the Bali Roadmap, which should be assessed at COP 14 in 2008 and should lead to an agreement on a comprehensive regime by 2009; welcomes also the task allocated to the Expert Group on Technology Transfer of assessing the gaps and barriers to the use of, and access to, financial resources provided to developing countries in response to their commitment to engage in nationally appropriate mitigation actions in a measurable, reportable and verifiable manner; equally welcomes the creation of the Adaptation Fund and the inclusion of forests in a new climate protection agreement aimed at avoiding further deforestation and carbon emissions caused by forest or peat land fires, which are also causing enormous damage to local communities, including even the expropriation of their own land through illegal or semi-legal procedures; |
| --- | --- |

11.

Welcomes in this respect the outcome, following established scientific advice, of COP 13 and COP/MOP 3 and in particular the Bali Roadmap, which should be assessed at COP 14 in 2008 and should lead to an agreement on a comprehensive regime by 2009; welcomes also the task allocated to the Expert Group on Technology Transfer of assessing the gaps and barriers to the use of, and access to, financial resources provided to developing countries in response to their commitment to engage in nationally appropriate mitigation actions in a measurable, reportable and verifiable manner; equally welcomes the creation of the Adaptation Fund and the inclusion of forests in a new climate protection agreement aimed at avoiding further deforestation and carbon emissions caused by forest or peat land fires, which are also causing enormous damage to local communities, including even the expropriation of their own land through illegal or semi-legal procedures;

| 12. | Disagrees with scientifically unsubstantiated efforts to portray the results of studies into the causes and effects of climate change as doubtful, uncertain or questionable; understands, however, that scientific progress has always been marked by doubt, the progressive elimination of such doubt and the search for explanations or models beyond the current scientific mainstream; |
| --- | --- |

12.

Disagrees with scientifically unsubstantiated efforts to portray the results of studies into the causes and effects of climate change as doubtful, uncertain or questionable; understands, however, that scientific progress has always been marked by doubt, the progressive elimination of such doubt and the search for explanations or models beyond the current scientific mainstream;

| 13. | Believes, therefore, that further research aimed at a better understanding of the causes and consequences of global warming is essential for responsible decision-making; considers, nevertheless, that the level of knowledge acquired to date is sufficient for the urgent formulation of policies that would achieve GHG emission reductions limiting climate change to +2 °C and of measures for adaptation to current climate change; |
| --- | --- |

13.

Believes, therefore, that further research aimed at a better understanding of the causes and consequences of global warming is essential for responsible decision-making; considers, nevertheless, that the level of knowledge acquired to date is sufficient for the urgent formulation of policies that would achieve GHG emission reductions limiting climate change to +2 °C and of measures for adaptation to current climate change;

| 14. | Stresses the need for further analysis and research into the consequences of climate change such as the effects on economic competitiveness, energy costs and social development in Europe, the role of land use, forests and deforestation, the role of the maritime environment and the calculation of the external climate costs of the industry sector, not least the transport sector, including quantification of the effects of aircraft pollution; considers that further studies are needed in order to mainstream adaptation and risk reduction into development and poverty reduction policy measures; |
| --- | --- |

14.

Stresses the need for further analysis and research into the consequences of climate change such as the effects on economic competitiveness, energy costs and social development in Europe, the role of land use, forests and deforestation, the role of the maritime environment and the calculation of the external climate costs of the industry sector, not least the transport sector, including quantification of the effects of aircraft pollution; considers that further studies are needed in order to mainstream adaptation and risk reduction into development and poverty reduction policy measures;

| 15. | Advocates additional research into the impact of the policy of promoting biofuels and their effects on the increase of deforestation, the expansion of cultivated land and world food supplies; |
| --- | --- |

15.

Advocates additional research into the impact of the policy of promoting biofuels and their effects on the increase of deforestation, the expansion of cultivated land and world food supplies;

| 16. | Emphasises the need for research on the physiology and ecology of marine fish, particularly in the tropics where comparatively little research has been conducted; points out that, as our information base accumulates, scientists will be able to make more accurate predictions and devise relevant solutions; considers that the landing of all by-catch for scientific analysis could make a major contribution to our information base; equally recognises the need for ongoing research on the impact of climate change on seabird populations through food stress and impact on breeding success and survival; |
| --- | --- |

16.

Emphasises the need for research on the physiology and ecology of marine fish, particularly in the tropics where comparatively little research has been conducted; points out that, as our information base accumulates, scientists will be able to make more accurate predictions and devise relevant solutions; considers that the landing of all by-catch for scientific analysis could make a major contribution to our information base; equally recognises the need for ongoing research on the impact of climate change on seabird populations through food stress and impact on breeding success and survival;

| 17. | Believes that the communication of scientific evidence of human impact on the global climate must be the main element of a broader effort to raise public awareness and subsequently gain and maintain public support for political measures to curb carbon emissions, such as interaction with the various social players, not only in the industrialised countries but also in the emerging economies; asks the IPCC to publish a summary of its assessment reports; believes, furthermore, that individual changes in lifestyle patterns are necessary and should be a part of educational programmes to communicate the causes and effects of global warming; |
| --- | --- |

17.

Believes that the communication of scientific evidence of human impact on the global climate must be the main element of a broader effort to raise public awareness and subsequently gain and maintain public support for political measures to curb carbon emissions, such as interaction with the various social players, not only in the industrialised countries but also in the emerging economies; asks the IPCC to publish a summary of its assessment reports; believes, furthermore, that individual changes in lifestyle patterns are necessary and should be a part of educational programmes to communicate the causes and effects of global warming;

| 18. | Calls, therefore, on the scientific community and the political representatives to join forces in raising awareness and lobbying for ‘little things which could make the difference’, taking into account the fact that even communities with a well-developed capacity to adapt to the effects of climate change remain vulnerable to extremes and to unpredictable events; |
| --- | --- |

18.

Calls, therefore, on the scientific community and the political representatives to join forces in raising awareness and lobbying for ‘little things which could make the difference’, taking into account the fact that even communities with a well-developed capacity to adapt to the effects of climate change remain vulnerable to extremes and to unpredictable events;

| 19. | Stresses that the detailed information needed for low-carbon lifestyle education, including for example GHG footprint declarations on consumer goods and GHG labelling, is poorly developed today and needs to be rapidly developed; stresses that such initiatives should ideally be based on shared standards and should also take into account the embedded GHG emissions from imports; |
| --- | --- |

19.

Stresses that the detailed information needed for low-carbon lifestyle education, including for example GHG footprint declarations on consumer goods and GHG labelling, is poorly developed today and needs to be rapidly developed; stresses that such initiatives should ideally be based on shared standards and should also take into account the embedded GHG emissions from imports;

| 20. | Asks its Temporary Committee on Climate Change to continue its work and, at the end of its mandate, to present to Parliament a report containing, as appropriate, recommendations as to actions or initiatives, as well as adaptation and mitigation measures, to be taken on the EU's future integrated policy on climate change in line with the EU objective of limiting global temperature increases to below 2 °C and in accordance with the findings and recommendations of IPCC AR4; |
| --- | --- |

20.

Asks its Temporary Committee on Climate Change to continue its work and, at the end of its mandate, to present to Parliament a report containing, as appropriate, recommendations as to actions or initiatives, as well as adaptation and mitigation measures, to be taken on the EU's future integrated policy on climate change in line with the EU objective of limiting global temperature increases to below 2 °C and in accordance with the findings and recommendations of IPCC AR4;

| 21. | Calls on the Commission, the Council and Parliament to advocate at the highest level negotiation and dialogue on the strategic extension to all partner countries throughout the world of EU or non-EU countries' highly proficient strategies, principles and standards in the field of scientific research and action for tackling climate change, in accordance with the recommendations of the scientific community; |
| --- | --- |

21.

Calls on the Commission, the Council and Parliament to advocate at the highest level negotiation and dialogue on the strategic extension to all partner countries throughout the world of EU or non-EU countries' highly proficient strategies, principles and standards in the field of scientific research and action for tackling climate change, in accordance with the recommendations of the scientific community;

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

22.

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

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(1)  OJ C 74 E, 20.3.2008, p. 652.

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| 19.11.2009 | EN | Official Journal of the European Union | CE 279/57 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/57

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Turkey's 2007 progress report

P6_TA(2008)0224

European Parliament resolution of 21 May 2008 on Turkey's 2007 progress report (2007/2269(INI))

(2009/C 279 E/11)

The European Parliament,

| — | having regard to the Turkey 2007 Progress Report of the Commission (SEC(2007)1436), |
| --- | --- |

—

having regard to the Turkey 2007 Progress Report of the Commission (SEC(2007)1436),

| — | having regard to its previous resolutions of 27 September 2006 on Turkey's progress towards accession (1) and of 24 October 2007 on EU-Turkey relations (2), |
| --- | --- |

—

having regard to its previous resolutions of 27 September 2006 on Turkey's progress towards accession (1) and of 24 October 2007 on EU-Turkey relations (2),

| — | having regard to its resolutions of 6 July 2005 (3) and of 13 February 2007 (4) on women's role in social, economic and political life in Turkey, |
| --- | --- |

—

having regard to its resolutions of 6 July 2005 (3) and of 13 February 2007 (4) on women's role in social, economic and political life in Turkey,

| — | having regard to the Negotiating Framework for Turkey of 3 October 2005, |
| --- | --- |

—

having regard to the Negotiating Framework for Turkey of 3 October 2005,

| — | having regard to Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey (5) (‘the Accession Partnership’), as well as to the previous Council decisions on the Accession Partnership of 2001, 2003 and 2006, |
| --- | --- |

—

having regard to Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey (5) (‘the Accession Partnership’), as well as to the previous Council decisions on the Accession Partnership of 2001, 2003 and 2006,

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Women's Rights and Gender Equality (A6-0168/2008), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Women's Rights and Gender Equality (A6-0168/2008),

| A. | whereas accession negotiations with Turkey were opened on 3 October 2005 after approval by the Council of the Negotiating Framework, and whereas the opening of those negotiations is the starting-point for a long-lasting and open-ended process, |
| --- | --- |

A.

whereas accession negotiations with Turkey were opened on 3 October 2005 after approval by the Council of the Negotiating Framework, and whereas the opening of those negotiations is the starting-point for a long-lasting and open-ended process,

| B. | whereas Turkey has committed itself to reforms, good neighbourly relations and progressive alignment with the EU, and whereas these efforts should be viewed as an opportunity for Turkey itself to further modernise, |
| --- | --- |

B.

whereas Turkey has committed itself to reforms, good neighbourly relations and progressive alignment with the EU, and whereas these efforts should be viewed as an opportunity for Turkey itself to further modernise,

| C. | whereas full compliance with all the Copenhagen criteria and EU integration capacity, in accordance with the conclusions of the December 2006 European Council meeting, remain the basis for accession to the EU, which is a community based on shared values, |
| --- | --- |

C.

whereas full compliance with all the Copenhagen criteria and EU integration capacity, in accordance with the conclusions of the December 2006 European Council meeting, remain the basis for accession to the EU, which is a community based on shared values,

| D. | whereas the Commission concluded in its 2007 Progress Report that limited progress was achieved on political reforms in 2007 in Turkey, |
| --- | --- |

D.

whereas the Commission concluded in its 2007 Progress Report that limited progress was achieved on political reforms in 2007 in Turkey,

| E. | whereas in 2007 Turkey's democracy was strengthened, a new parliament was elected which is representative of the country's political diversity, and a government was formed which is equipped with a strong mandate, |
| --- | --- |

E.

whereas in 2007 Turkey's democracy was strengthened, a new parliament was elected which is representative of the country's political diversity, and a government was formed which is equipped with a strong mandate,

| F. | whereas Turkey has still not implemented the provisions stemming from the EC-Turkey Association Agreement and the Additional Protocol thereto, |
| --- | --- |

F.

whereas Turkey has still not implemented the provisions stemming from the EC-Turkey Association Agreement and the Additional Protocol thereto,

| G. | whereas five negotiating chapters were opened in 2007, |
| --- | --- |

G.

whereas five negotiating chapters were opened in 2007,

Reforms towards a democratic and prosperous society

| 1. | Welcomes the commitment of Prime Minister Erdogan that 2008 is going to be the year of reforms; urges the Turkish government to fulfil its promises by making use of its strong parliamentary majority to resolutely pursue reforms that are crucial for Turkey's transformation into a modern and prosperous democracy based on a secular state and a pluralistic society; |
| --- | --- |

1.

Welcomes the commitment of Prime Minister Erdogan that 2008 is going to be the year of reforms; urges the Turkish government to fulfil its promises by making use of its strong parliamentary majority to resolutely pursue reforms that are crucial for Turkey's transformation into a modern and prosperous democracy based on a secular state and a pluralistic society;

| 2. | Stresses that such modernisation is first and foremost in Turkey's own interest; acknowledges also the strategic importance for the EU of a stable, democratic and prosperous Turkey; reiterates that fulfilment of the commitments set out in the Accession Partnership is vital for Turkey and its future relations with the EU; |
| --- | --- |

2.

Stresses that such modernisation is first and foremost in Turkey's own interest; acknowledges also the strategic importance for the EU of a stable, democratic and prosperous Turkey; reiterates that fulfilment of the commitments set out in the Accession Partnership is vital for Turkey and its future relations with the EU;

| 3. | Underlines its belief that only a society which is guided by respect for human rights and fundamental freedoms and which is based on democracy, the rule of law and a socially oriented market economy can develop into a peaceful, stable and prosperous society; |
| --- | --- |

3.

Underlines its belief that only a society which is guided by respect for human rights and fundamental freedoms and which is based on democracy, the rule of law and a socially oriented market economy can develop into a peaceful, stable and prosperous society;

| 4. | Underlines the importance for Turkey of combating all forms of discrimination in line with Article 13 of the EC Treaty, which requires equality for all regardless of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation; |
| --- | --- |

4.

Underlines the importance for Turkey of combating all forms of discrimination in line with Article 13 of the EC Treaty, which requires equality for all regardless of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation;

| 5. | Notes the recent revision of the Accession Partnership; is aware of the fact that this, the third revision since 2001, is in most areas prolonging non-fulfilled priorities for a further period; urges the Turkish government now to transform the priorities and the time-lines as set out in the partnership into its reform plans, bearing in mind that further delays will seriously affect the pace of negotiations; |
| --- | --- |

5.

Notes the recent revision of the Accession Partnership; is aware of the fact that this, the third revision since 2001, is in most areas prolonging non-fulfilled priorities for a further period; urges the Turkish government now to transform the priorities and the time-lines as set out in the partnership into its reform plans, bearing in mind that further delays will seriously affect the pace of negotiations;

| 6. | Welcomes the fact that in 2007 democracy prevailed over attempts by the military to interfere in the political process; encourages the Turkish government to make further systematic efforts to ensure that the democratically elected political leadership bears full responsibility for formulation of domestic, foreign and security policy, including towards Cyprus, and that the armed forces respect this responsibility by fully and unambiguously acknowledging civilian control; points out, in particular, the need to establish full parliamentary oversight of military and defence policy and all related expenditure; |
| --- | --- |

6.

Welcomes the fact that in 2007 democracy prevailed over attempts by the military to interfere in the political process; encourages the Turkish government to make further systematic efforts to ensure that the democratically elected political leadership bears full responsibility for formulation of domestic, foreign and security policy, including towards Cyprus, and that the armed forces respect this responsibility by fully and unambiguously acknowledging civilian control; points out, in particular, the need to establish full parliamentary oversight of military and defence policy and all related expenditure;

| 7. | Is concerned about the implications of the AK Party closure case; expects the Turkish Constitutional Court to respect principles of the rule of law, European standards and the Guidelines on prohibition and dissolution of political parties and analogous measures, adopted by the Venice Commission of the Council of Europe on 10-11 December 1999; asks the Turkish parliament to bring the Constitution into line with these standards on the prohibition of political parties; |
| --- | --- |

7.

Is concerned about the implications of the AK Party closure case; expects the Turkish Constitutional Court to respect principles of the rule of law, European standards and the Guidelines on prohibition and dissolution of political parties and analogous measures, adopted by the Venice Commission of the Council of Europe on 10-11 December 1999; asks the Turkish parliament to bring the Constitution into line with these standards on the prohibition of political parties;

| 8. | Calls on the Turkish government, when pursuing reforms, to respect pluralism and diversity in a secular and democratic Turkey, and urges the government and all political parties to engage themselves constructively in seeking consensus on the important steps concerning the modernisation of the country; |
| --- | --- |

8.

Calls on the Turkish government, when pursuing reforms, to respect pluralism and diversity in a secular and democratic Turkey, and urges the government and all political parties to engage themselves constructively in seeking consensus on the important steps concerning the modernisation of the country;

| 9. | Considers the changes to Article 301 of the Penal Code, adopted by the Turkish parliament on 30 April 2008, to be a first step towards a fundamental reform of that article as well as other articles of the Penal Code, and looks forward to further moves in this respect; stresses that progress has to be achieved regarding freedom of expression, both in theory and in practice; deplores the fact that the number of persons prosecuted under legal provisions allowing for arbitrary restrictions on the expression of non-violent opinion has further increased in 2007 (6); is of the view that the repeal of Article 301 and other legal provisions representing an illegitimate restriction on freedom of expression as guaranteed by international law would be the best solution in order to ensure that Turkey fully guarantees freedom of expression and press freedom in line with the standards enshrined in the European Convention for the protection of Human Rights and Fundamental Freedoms (ECHR); |
| --- | --- |

9.

Considers the changes to Article 301 of the Penal Code, adopted by the Turkish parliament on 30 April 2008, to be a first step towards a fundamental reform of that article as well as other articles of the Penal Code, and looks forward to further moves in this respect; stresses that progress has to be achieved regarding freedom of expression, both in theory and in practice; deplores the fact that the number of persons prosecuted under legal provisions allowing for arbitrary restrictions on the expression of non-violent opinion has further increased in 2007 (6); is of the view that the repeal of Article 301 and other legal provisions representing an illegitimate restriction on freedom of expression as guaranteed by international law would be the best solution in order to ensure that Turkey fully guarantees freedom of expression and press freedom in line with the standards enshrined in the European Convention for the protection of Human Rights and Fundamental Freedoms (ECHR);

| 10. | Welcomes the recent adoption by the Turkish parliament of the Law on Foundations; welcomes the Commission's intention to examine the new text, and underlines that it should analyse whether the Law addresses all shortcomings faced by non-Muslim religious communities with regard to property management and acquisition, including confiscated property sold to third parties; calls on the Turkish authorities to ensure that the Law is implemented in line with the ECHR and the case-law of the European Court of Human Rights; |
| --- | --- |

10.

Welcomes the recent adoption by the Turkish parliament of the Law on Foundations; welcomes the Commission's intention to examine the new text, and underlines that it should analyse whether the Law addresses all shortcomings faced by non-Muslim religious communities with regard to property management and acquisition, including confiscated property sold to third parties; calls on the Turkish authorities to ensure that the Law is implemented in line with the ECHR and the case-law of the European Court of Human Rights;

| 11. | Encourages the Turkish government, following the positive step taken with the adoption of the Law on Foundations, to fulfil its commitments regarding freedom of religion by establishing, in line with the ECHR and the case-law of the European Court of Human Rights, a legal framework enabling all religious communities to function without undue constraints, in particular as regards their legal status, the training of clergy, the election of the hierarchy, religious education and the construction of places of worship; calls for protection of the religious and cultural heritage; reiterates its call for the immediate re-opening of the Greek Orthodox Halki Seminary and the public use of the ecclesiastical title of the Ecumenical Patriarch; shares the concern expressed by the Council on 24 July 2007 over the ruling of the Turkish Court of Cassation on the Ecumenical Patriarchate, and expects that this decision will not further impede the exercise by the Patriarchate and other non-Muslim religious communities of their rights guaranteed under the ECHR; |
| --- | --- |

11.

Encourages the Turkish government, following the positive step taken with the adoption of the Law on Foundations, to fulfil its commitments regarding freedom of religion by establishing, in line with the ECHR and the case-law of the European Court of Human Rights, a legal framework enabling all religious communities to function without undue constraints, in particular as regards their legal status, the training of clergy, the election of the hierarchy, religious education and the construction of places of worship; calls for protection of the religious and cultural heritage; reiterates its call for the immediate re-opening of the Greek Orthodox Halki Seminary and the public use of the ecclesiastical title of the Ecumenical Patriarch; shares the concern expressed by the Council on 24 July 2007 over the ruling of the Turkish Court of Cassation on the Ecumenical Patriarchate, and expects that this decision will not further impede the exercise by the Patriarchate and other non-Muslim religious communities of their rights guaranteed under the ECHR;

| 12. | Urges the Turkish government to launch, as a matter of priority, a political initiative favouring a lasting settlement of the Kurdish issue, which can only be based on tangible improvements in the cultural, economic and social opportunities available to citizens of Kurdish origin, including real possibilities to learn Kurdish within the public and private schooling system and to use it in broadcasting, in daily life and in access to public services; regards a possible banning of the Democratic Society Party (DTP) as counterproductive to a political solution; |
| --- | --- |

12.

Urges the Turkish government to launch, as a matter of priority, a political initiative favouring a lasting settlement of the Kurdish issue, which can only be based on tangible improvements in the cultural, economic and social opportunities available to citizens of Kurdish origin, including real possibilities to learn Kurdish within the public and private schooling system and to use it in broadcasting, in daily life and in access to public services; regards a possible banning of the Democratic Society Party (DTP) as counterproductive to a political solution;

| 13. | Calls on the DTP, its members of parliament and mayors to distance themselves clearly from the Kurdistan Workers' Party (PKK) and to engage constructively in the quest for a political solution to the Kurdish issue within the democratic Turkish state; also asks all other political parties in Turkey to engage constructively in the quest for the same goal; |
| --- | --- |

13.

Calls on the DTP, its members of parliament and mayors to distance themselves clearly from the Kurdistan Workers' Party (PKK) and to engage constructively in the quest for a political solution to the Kurdish issue within the democratic Turkish state; also asks all other political parties in Turkey to engage constructively in the quest for the same goal;

| 14. | Deplores the many court cases brought against elected mayors and other politicians for using the Kurdish language, or for expressing their opinion on the Kurdish issue, such as the proceedings resulting in the recent conviction of Leyla Zana, and of the 53 DTP mayors; |
| --- | --- |

14.

Deplores the many court cases brought against elected mayors and other politicians for using the Kurdish language, or for expressing their opinion on the Kurdish issue, such as the proceedings resulting in the recent conviction of Leyla Zana, and of the 53 DTP mayors;

| 15. | Reiterates its earlier calls upon the Turkish government to come up with a comprehensive master plan to boost the socio-economic and cultural development of the south-east of Turkey, where over half the population still lives below the poverty line; is of the view that this master plan should also address the social, ecological, cultural and geopolitical problems stemming from the Southeastern Anatolia Project; asks the Commission to link the regional component of assistance given under the Instrument for Pre-Accession Assistance (IPA) (7) to the speedy drawing-up of such a strategy; |
| --- | --- |

15.

Reiterates its earlier calls upon the Turkish government to come up with a comprehensive master plan to boost the socio-economic and cultural development of the south-east of Turkey, where over half the population still lives below the poverty line; is of the view that this master plan should also address the social, ecological, cultural and geopolitical problems stemming from the Southeastern Anatolia Project; asks the Commission to link the regional component of assistance given under the Instrument for Pre-Accession Assistance (IPA) (7) to the speedy drawing-up of such a strategy;

| 16. | Urges the Turkish government to come up with an overall national strategy to address the issue of internally displaced persons, which would remove the current legal and practical deficiencies and provide the financial and other support needed in order to properly tackle the return and compensation of those concerned; |
| --- | --- |

16.

Urges the Turkish government to come up with an overall national strategy to address the issue of internally displaced persons, which would remove the current legal and practical deficiencies and provide the financial and other support needed in order to properly tackle the return and compensation of those concerned;

| 17. | Takes note of the process under way to prepare a new, civilian constitution; regards it as the key opportunity to place the protection of human rights and fundamental freedoms at the core of the constitution; reiterates that a system of checks and balances needs to be established, guaranteeing democracy, the rule of law, social cohesion and the separation between religion and state; stresses also that the new constitution should ensure gender equality, avoid the use of vague criteria such as general morality, refrain from perceiving women primarily as family or community members and reaffirm women's human rights, including their sexual and reproductive rights, as their individual rights; |
| --- | --- |

17.

Takes note of the process under way to prepare a new, civilian constitution; regards it as the key opportunity to place the protection of human rights and fundamental freedoms at the core of the constitution; reiterates that a system of checks and balances needs to be established, guaranteeing democracy, the rule of law, social cohesion and the separation between religion and state; stresses also that the new constitution should ensure gender equality, avoid the use of vague criteria such as general morality, refrain from perceiving women primarily as family or community members and reaffirm women's human rights, including their sexual and reproductive rights, as their individual rights;

| 18. | Underlines the need for a broad involvement of civil society in this constitutive process in order to achieve a consensus on Turkey's constitutional future embracing political parties, ethnic and religious minorities and social partners; notes the disappointment and concern of part of the population that the lifting of the ban on wearing headscarves in universities was not part of a broader package of reform based on a wide-ranging consultation of civil society; reiterates its earlier recommendation, contained in its abovementioned resolution of 27 September 2006, on the electoral threshold; |
| --- | --- |

18.

Underlines the need for a broad involvement of civil society in this constitutive process in order to achieve a consensus on Turkey's constitutional future embracing political parties, ethnic and religious minorities and social partners; notes the disappointment and concern of part of the population that the lifting of the ban on wearing headscarves in universities was not part of a broader package of reform based on a wide-ranging consultation of civil society; reiterates its earlier recommendation, contained in its abovementioned resolution of 27 September 2006, on the electoral threshold;

| 19. | Notes the progress made as regards the efficiency of the judiciary; welcomes the Turkish government's plan to implement a reform strategy designed to strengthen the independence and impartiality of the judiciary and to increase the confidence enjoyed by the judiciary amongst the public; is of the view that this strategy should, as a priority, ensure that interpretation of legislation related to human rights and fundamental freedoms is in line with ECHR standards; notes that the strategy cannot be achieved without an ambitious re-training programme for the judiciary; is concerned about the negative attitude shown by certain elements of the judiciary towards international agreements on fundamental rights and freedoms, and towards the judgments handed down by the European Court of Human Rights against Turkey for violations of the ECHR; |
| --- | --- |

19.

Notes the progress made as regards the efficiency of the judiciary; welcomes the Turkish government's plan to implement a reform strategy designed to strengthen the independence and impartiality of the judiciary and to increase the confidence enjoyed by the judiciary amongst the public; is of the view that this strategy should, as a priority, ensure that interpretation of legislation related to human rights and fundamental freedoms is in line with ECHR standards; notes that the strategy cannot be achieved without an ambitious re-training programme for the judiciary; is concerned about the negative attitude shown by certain elements of the judiciary towards international agreements on fundamental rights and freedoms, and towards the judgments handed down by the European Court of Human Rights against Turkey for violations of the ECHR;

| 20. | Urges the Turkish Constitutional Court to make progress in proceeding to its final decision on the Law on the Ombudsman, so as to enable the government to establish the ombudsman's office without delay; recommends to Turkey that it should cooperate on this issue with the European Ombudsman and with national ombudsmen in EU Member States; |
| --- | --- |

20.

Urges the Turkish Constitutional Court to make progress in proceeding to its final decision on the Law on the Ombudsman, so as to enable the government to establish the ombudsman's office without delay; recommends to Turkey that it should cooperate on this issue with the European Ombudsman and with national ombudsmen in EU Member States;

| 21. | Is concerned about the hostility, strongly present in certain parts of society, shown to minorities and about politically and religiously motivated violence; calls on the Turkish government to take action against organisations and groups which stir up such hostility, to protect all those who are threatened and fear for their lives, and to make sustained efforts to create an environment conducive to full respect of fundamental human rights and freedoms; |
| --- | --- |

21.

Is concerned about the hostility, strongly present in certain parts of society, shown to minorities and about politically and religiously motivated violence; calls on the Turkish government to take action against organisations and groups which stir up such hostility, to protect all those who are threatened and fear for their lives, and to make sustained efforts to create an environment conducive to full respect of fundamental human rights and freedoms;

| 22. | Strongly urges the Turkish authorities to carry out a full investigation into the murders of Hrant Dink and of the three Christians in Malatya, as well as all other cases of politically, religiously or racially motivated violence; deplores the slowness of the trials concerning these cases, the suspicions of partiality and the feeling of impunity which stem therefrom, and asks the authorities to provide full clarification of allegations of negligence on the part of the competent authorities, and to bring all responsible to justice; |
| --- | --- |

22.

Strongly urges the Turkish authorities to carry out a full investigation into the murders of Hrant Dink and of the three Christians in Malatya, as well as all other cases of politically, religiously or racially motivated violence; deplores the slowness of the trials concerning these cases, the suspicions of partiality and the feeling of impunity which stem therefrom, and asks the authorities to provide full clarification of allegations of negligence on the part of the competent authorities, and to bring all responsible to justice;

| 23. | Encourages the Turkish authorities to resolutely pursue investigations into the Ergenekon criminal organisation while closely adhering to the principles of the rule of law, to fully uncover its networks reaching into the state structures and to bring those involved to justice; |
| --- | --- |

23.

Encourages the Turkish authorities to resolutely pursue investigations into the Ergenekon criminal organisation while closely adhering to the principles of the rule of law, to fully uncover its networks reaching into the state structures and to bring those involved to justice;

| 24. | Takes note of the Commission's assessment of the continued downward trend in the number of cases of torture and ill-treatment and of the positive effect of the relevant legislative safeguards; asks the Commission, however, to analyse whether the anti-terror law and the law on police powers do not weaken this positive record; calls on the Turkish government to step up its fight against torture perpetrated outside and inside detention centres and against the impunity of law enforcement officials, and to ratify and implement the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, thus providing for systematic torture prevention and for independent monitoring of detention centres; |
| --- | --- |

24.

Takes note of the Commission's assessment of the continued downward trend in the number of cases of torture and ill-treatment and of the positive effect of the relevant legislative safeguards; asks the Commission, however, to analyse whether the anti-terror law and the law on police powers do not weaken this positive record; calls on the Turkish government to step up its fight against torture perpetrated outside and inside detention centres and against the impunity of law enforcement officials, and to ratify and implement the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, thus providing for systematic torture prevention and for independent monitoring of detention centres;

| 25. | Takes note of Prime Minister Erdogan's assessment of assimilation, as expressed during his recent official visit to Germany; is therefore of the opinion that the Turkish government should take steps to enable all citizens to develop their cultural identity within the democratic Turkish state; points out in this regard the commitments set out in the Negotiating Framework concerning respect for and protection of minorities, and effective access to the learning and broadcasting of, and to public services in, languages other than Turkish; |
| --- | --- |

25.

Takes note of Prime Minister Erdogan's assessment of assimilation, as expressed during his recent official visit to Germany; is therefore of the opinion that the Turkish government should take steps to enable all citizens to develop their cultural identity within the democratic Turkish state; points out in this regard the commitments set out in the Negotiating Framework concerning respect for and protection of minorities, and effective access to the learning and broadcasting of, and to public services in, languages other than Turkish;

| 26. | Welcomes the progress achieved on protecting women against violence, and commends the work undertaken by public institutions and civil society organisations in this respect; encourages the Turkish authorities to further eliminate domestic violence, so-called ‘honour killings’ and forced marriages, in particular by fully implementing the relevant legislation, continuing a sustained public campaign, providing more shelters for victims, stepping up training for law enforcement bodies and closely monitoring initiatives put in place; notes with concern that access to reliable data on the incidence of violence against women continues to be a problem, and urges the Turkish government to remedy this deficiency; |
| --- | --- |

26.

Welcomes the progress achieved on protecting women against violence, and commends the work undertaken by public institutions and civil society organisations in this respect; encourages the Turkish authorities to further eliminate domestic violence, so-called ‘honour killings’ and forced marriages, in particular by fully implementing the relevant legislation, continuing a sustained public campaign, providing more shelters for victims, stepping up training for law enforcement bodies and closely monitoring initiatives put in place; notes with concern that access to reliable data on the incidence of violence against women continues to be a problem, and urges the Turkish government to remedy this deficiency;

| 27. | Acknowledges that a considerable number of women hold important positions in the Turkish economic, political and academic spheres, and reiterates that the equal treatment, access to education and empowerment of women in the political, economic and social sector are crucial for further economic growth and prosperity in Turkey; notes with concern, however, that the overall rate of employment of women in Turkey is still only 23.8 % (8) and that there has been scarcely any increase in the participation of women in politics; therefore calls on the Turkish government to take further tangible steps to increase the participation of women in the workforce, with particular focus on rural areas, to enhance their inclusion in health and social security systems, and to devise instruments or temporary measures to increase women's active involvement in politics; |
| --- | --- |

27.

Acknowledges that a considerable number of women hold important positions in the Turkish economic, political and academic spheres, and reiterates that the equal treatment, access to education and empowerment of women in the political, economic and social sector are crucial for further economic growth and prosperity in Turkey; notes with concern, however, that the overall rate of employment of women in Turkey is still only 23.8 % (8) and that there has been scarcely any increase in the participation of women in politics; therefore calls on the Turkish government to take further tangible steps to increase the participation of women in the workforce, with particular focus on rural areas, to enhance their inclusion in health and social security systems, and to devise instruments or temporary measures to increase women's active involvement in politics;

| 28. | Commends the Turkish government on its support for successful cooperation projects between EU and Turkish partners, such as the twinning project which is preparing the way for an independent gender equality body and is training 750 officials in the field of gender mainstreaming; expects that such a gender equality body will be set up without delay; |
| --- | --- |

28.

Commends the Turkish government on its support for successful cooperation projects between EU and Turkish partners, such as the twinning project which is preparing the way for an independent gender equality body and is training 750 officials in the field of gender mainstreaming; expects that such a gender equality body will be set up without delay;

| 29. | Notes that it is unclear what the competences are of the proposed Commission on Equal Opportunities of the Turkish parliament; encourages the Turkish parliament to create a specialised commission with legislative powers as an essential instrument for the improvement of women's rights and gender mainstreaming in Turkey; |
| --- | --- |

29.

Notes that it is unclear what the competences are of the proposed Commission on Equal Opportunities of the Turkish parliament; encourages the Turkish parliament to create a specialised commission with legislative powers as an essential instrument for the improvement of women's rights and gender mainstreaming in Turkey;

| 30. | Respects and strongly supports the work of women's organisations in Turkey, which help to strengthen women's role in society, help to protect them against violence and foster their entrepreneurship, while setting a positive example for women's empowerment and contributing to equality between women and men; |
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30.

Respects and strongly supports the work of women's organisations in Turkey, which help to strengthen women's role in society, help to protect them against violence and foster their entrepreneurship, while setting a positive example for women's empowerment and contributing to equality between women and men;

| 31. | Commends Turkey on the positive development of its economy; reiterates its view that only a socially coherent society, backed up by a strong middle class, can enjoy prosperity; regrets, therefore, the low impact of the strong economic growth on the continuously weak employment market; points out the need to tackle the problem of the black economy and to place the social security system on a sustainable footing; considers that a bigger role for small and medium-sized enterprises could help to bring about faster economic growth; |
| --- | --- |

31.

Commends Turkey on the positive development of its economy; reiterates its view that only a socially coherent society, backed up by a strong middle class, can enjoy prosperity; regrets, therefore, the low impact of the strong economic growth on the continuously weak employment market; points out the need to tackle the problem of the black economy and to place the social security system on a sustainable footing; considers that a bigger role for small and medium-sized enterprises could help to bring about faster economic growth;

| 32. | Points out the potential of an effective social dialogue to build the partnerships needed for the functioning of a socially oriented market economy; is disappointed at the limited progress made in strengthening the social dialogue mechanisms; urges the Turkish government to fully implement International Labour Organization conventions, and underlines the need to remove current restrictions on freedom of association, the right to strike and the right to collective bargaining; |
| --- | --- |

32.

Points out the potential of an effective social dialogue to build the partnerships needed for the functioning of a socially oriented market economy; is disappointed at the limited progress made in strengthening the social dialogue mechanisms; urges the Turkish government to fully implement International Labour Organization conventions, and underlines the need to remove current restrictions on freedom of association, the right to strike and the right to collective bargaining;

| 33. | Is concerned by the excessive force used by Turkish police against demonstrators at the 2008 May Day rally in Istanbul; reaffirms that freedom of association and the peaceful operations of trade unions represent a fundamental right under the ECHR; |
| --- | --- |

33.

Is concerned by the excessive force used by Turkish police against demonstrators at the 2008 May Day rally in Istanbul; reaffirms that freedom of association and the peaceful operations of trade unions represent a fundamental right under the ECHR;

| 34. | Underlines the importance of access to education as key to a socially coherent society; commends the Turkish government and civil society on the campaign to increase girls' enrolment in schools; points out, however, the need to ensure that all children are registered at birth, and to improve monitoring and enforcement of the schooling obligation so as to further reduce the number of children not attending schools; commends the Turkish government on the positive results achieved in reducing child labour, and encourages it to continue its efforts in that regard; |
| --- | --- |

34.

Underlines the importance of access to education as key to a socially coherent society; commends the Turkish government and civil society on the campaign to increase girls' enrolment in schools; points out, however, the need to ensure that all children are registered at birth, and to improve monitoring and enforcement of the schooling obligation so as to further reduce the number of children not attending schools; commends the Turkish government on the positive results achieved in reducing child labour, and encourages it to continue its efforts in that regard;

| 35. | Expresses its concern about the level of corruption; urges the Turkish authorities to develop an overall anti-corruption strategy designed to pursue effectively the fight against corruption; |
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35.

Expresses its concern about the level of corruption; urges the Turkish authorities to develop an overall anti-corruption strategy designed to pursue effectively the fight against corruption;

| 36. | Is concerned about the high extent of development disparities among Turkish regions and also between rural and urban areas; calls on the Turkish government to come up with a comprehensive strategy addressing these disparities; invites the Commission to provide Parliament, before the end of 2008, with information on the EU's contribution to this strategic planning under the IPA instrument in 2007 and 2008; |
| --- | --- |

36.

Is concerned about the high extent of development disparities among Turkish regions and also between rural and urban areas; calls on the Turkish government to come up with a comprehensive strategy addressing these disparities; invites the Commission to provide Parliament, before the end of 2008, with information on the EU's contribution to this strategic planning under the IPA instrument in 2007 and 2008;

| 37. | Calls on the Turkish government to apply European standards to projects with far-reaching effects, such as the construction of dams in the Munzur valley, the Allianoi dam, the construction of the Ilisu dam and gold-mining in Bergama and other regions, which threaten both the historical heritage and unique, valuable landscapes; calls on the Turkish government to take EU law as a guideline when planning regional development projects; |
| --- | --- |

37.

Calls on the Turkish government to apply European standards to projects with far-reaching effects, such as the construction of dams in the Munzur valley, the Allianoi dam, the construction of the Ilisu dam and gold-mining in Bergama and other regions, which threaten both the historical heritage and unique, valuable landscapes; calls on the Turkish government to take EU law as a guideline when planning regional development projects;

| 38. | Strongly condemns the violence perpetrated by the PKK and other terrorist groups on Turkish soil; condemns the attack in Diyarbakir in January 2008, in which six people were killed and more than 60 injured, and offers its sincere condolences to the families of the victims of this crime; reiterates its solidarity with Turkey in its fight against terrorism and once again calls on the PKK to declare and respect an immediate and unconditional ceasefire; |
| --- | --- |

38.

Strongly condemns the violence perpetrated by the PKK and other terrorist groups on Turkish soil; condemns the attack in Diyarbakir in January 2008, in which six people were killed and more than 60 injured, and offers its sincere condolences to the families of the victims of this crime; reiterates its solidarity with Turkey in its fight against terrorism and once again calls on the PKK to declare and respect an immediate and unconditional ceasefire;

| 39. | Reiterates its appeals to the Turkish government not to engage in any disproportionate military operations violating Iraq's territory; urges Turkey to respect Iraq's territorial integrity, human rights and the rule of law, and to ensure that civilian casualties are avoided; urges the Government of Iraq and the Kurdish Regional Government of Iraq not to allow Iraqi territory to be used as base for terrorist acts against Turkey; welcomes the communication taking place between the governments of Turkey and Iraq, and also calls for measures to step up cooperation with the Kurdish Regional Government of Iraq, so as to make effective prevention of terrorist attacks possible under Iraqi responsibility; |
| --- | --- |

39.

Reiterates its appeals to the Turkish government not to engage in any disproportionate military operations violating Iraq's territory; urges Turkey to respect Iraq's territorial integrity, human rights and the rule of law, and to ensure that civilian casualties are avoided; urges the Government of Iraq and the Kurdish Regional Government of Iraq not to allow Iraqi territory to be used as base for terrorist acts against Turkey; welcomes the communication taking place between the governments of Turkey and Iraq, and also calls for measures to step up cooperation with the Kurdish Regional Government of Iraq, so as to make effective prevention of terrorist attacks possible under Iraqi responsibility;

Regional issues and external relations

| 40. | Recalls Turkey's commitment to good neighbourly relations, and stresses its expectation that Turkey will refrain from any threats against neighbouring countries and resolve all outstanding disputes peacefully in accordance with the UN Charter, other relevant international conventions and bilateral agreements and obligations; in particular, invites the Turkish authorities to enhance, in the spirit of good neighbourly relations, the dialogue with Greece (e.g. on the Aegean continental shelf) and Bulgaria (e.g. on the property rights of Bulgarian Thracian refugees) in order to resolve all outstanding bilateral issues; |
| --- | --- |

40.

Recalls Turkey's commitment to good neighbourly relations, and stresses its expectation that Turkey will refrain from any threats against neighbouring countries and resolve all outstanding disputes peacefully in accordance with the UN Charter, other relevant international conventions and bilateral agreements and obligations; in particular, invites the Turkish authorities to enhance, in the spirit of good neighbourly relations, the dialogue with Greece (e.g. on the Aegean continental shelf) and Bulgaria (e.g. on the property rights of Bulgarian Thracian refugees) in order to resolve all outstanding bilateral issues;

| 41. | Stresses the need to arrive at a comprehensive settlement of the Cyprus question; welcomes the agreement reached by the leaders of the two communities in Cyprus on 21 March 2008 and calls on both parties to use the current window of opportunity with a view to achieving a comprehensive settlement within the UN framework, based on the principles on which the EU is founded; in this regard, recalls its previous resolutions stating that the withdrawal of Turkish forces would facilitate the negotiation of a settlement; |
| --- | --- |

41.

Stresses the need to arrive at a comprehensive settlement of the Cyprus question; welcomes the agreement reached by the leaders of the two communities in Cyprus on 21 March 2008 and calls on both parties to use the current window of opportunity with a view to achieving a comprehensive settlement within the UN framework, based on the principles on which the EU is founded; in this regard, recalls its previous resolutions stating that the withdrawal of Turkish forces would facilitate the negotiation of a settlement;

| 42. | Welcomes the establishment of a financial support instrument to encourage the economic development of the Turkish Cypriot community; calls once again on the Commission to report specifically on the implementation and effectiveness of that instrument; |
| --- | --- |

42.

Welcomes the establishment of a financial support instrument to encourage the economic development of the Turkish Cypriot community; calls once again on the Commission to report specifically on the implementation and effectiveness of that instrument;

| 43. | Welcomes the improved relations achieved between Greece and Turkey over the last decade and the continuation of the good political climate, as evidenced during the recent official visit to Turkey of the Prime Minister of the Hellenic Republic, Kostas Karamanlis, which gives hope for further improvement of bilateral Greek-Turkish relations, in particular the peaceful settlement of all issues highlighted in Parliament's previous resolutions, on the basis of international law and in compliance with the commitments entered into in the Negotiating Framework; |
| --- | --- |

43.

Welcomes the improved relations achieved between Greece and Turkey over the last decade and the continuation of the good political climate, as evidenced during the recent official visit to Turkey of the Prime Minister of the Hellenic Republic, Kostas Karamanlis, which gives hope for further improvement of bilateral Greek-Turkish relations, in particular the peaceful settlement of all issues highlighted in Parliament's previous resolutions, on the basis of international law and in compliance with the commitments entered into in the Negotiating Framework;

| 44. | Calls on the Turkish government to re-open its border with Armenia, restoring full economic and political relations with that country; calls once again on the Turkish and Armenian governments to start a process of reconciliation, in respect of the present and the past, allowing for a frank and open discussion of past events; calls on the Commission to facilitate this reconciliation process; |
| --- | --- |

44.

Calls on the Turkish government to re-open its border with Armenia, restoring full economic and political relations with that country; calls once again on the Turkish and Armenian governments to start a process of reconciliation, in respect of the present and the past, allowing for a frank and open discussion of past events; calls on the Commission to facilitate this reconciliation process;

| 45. | Acknowledges Turkey's role as an important partner of the EU with a view to the realisation of EU foreign policy goals in the Black Sea region, Central Asia and the broader Middle East; calls on the Commission and the Council to better exploit the potential of close EU-Turkey relations in these regions; |
| --- | --- |

45.

Acknowledges Turkey's role as an important partner of the EU with a view to the realisation of EU foreign policy goals in the Black Sea region, Central Asia and the broader Middle East; calls on the Commission and the Council to better exploit the potential of close EU-Turkey relations in these regions;

| 46. | Urges Turkey to sign the Rome Statute of the International Criminal Court, since this is a vital multilateral instrument; |
| --- | --- |

46.

Urges Turkey to sign the Rome Statute of the International Criminal Court, since this is a vital multilateral instrument;

| 47. | Commends Turkey's contribution to European Security and Defence Policy missions and operations in Bosnia-Herzegovina and the Democratic Republic of the Congo, and its contribution to NATO-led operations in Kosovo, Darfur and Afghanistan; |
| --- | --- |

47.

Commends Turkey's contribution to European Security and Defence Policy missions and operations in Bosnia-Herzegovina and the Democratic Republic of the Congo, and its contribution to NATO-led operations in Kosovo, Darfur and Afghanistan;

| 48. | Regrets, however, Turkey's objections to the implementation of the EU-NATO strategic cooperation based on, and going beyond, the Berlin Plus Agreement; is concerned about their negative consequences for the protection of the EU personnel deployed, notably the EU Police Mission in Afghanistan and the EU Rule of Law (EULEX) Mission in Kosovo, and calls for those objections to be withdrawn by Turkey at the earliest possible date; |
| --- | --- |

48.

Regrets, however, Turkey's objections to the implementation of the EU-NATO strategic cooperation based on, and going beyond, the Berlin Plus Agreement; is concerned about their negative consequences for the protection of the EU personnel deployed, notably the EU Police Mission in Afghanistan and the EU Rule of Law (EULEX) Mission in Kosovo, and calls for those objections to be withdrawn by Turkey at the earliest possible date;

EU-Turkey relations

| 49. | Urges the Turkish government to implement fully and without delay the provisions stemming from the EC-Turkey Association Agreement and the Additional Protocol thereto; recalls that non-fulfilment of Turkey's commitments will continue to seriously affect the process of negotiations; |
| --- | --- |

49.

Urges the Turkish government to implement fully and without delay the provisions stemming from the EC-Turkey Association Agreement and the Additional Protocol thereto; recalls that non-fulfilment of Turkey's commitments will continue to seriously affect the process of negotiations;

| 50. | Recognises Turkey's ambition of becoming an Eurasian energy hub and the role it can play in contributing to Europe's energy security; commends the progress achieved by Turkey in the field of energy; recalls its abovementioned resolution of 24 October 2007 supporting the opening of negotiations on this chapter; encourages Turkey to join the European Energy Community as a full member, so as to strengthen energy cooperation between EU and Turkey, which can benefit all parties involved; calls on Turkey to fully support the Nabucco pipeline project, which is a European priority project; |
| --- | --- |

50.

Recognises Turkey's ambition of becoming an Eurasian energy hub and the role it can play in contributing to Europe's energy security; commends the progress achieved by Turkey in the field of energy; recalls its abovementioned resolution of 24 October 2007 supporting the opening of negotiations on this chapter; encourages Turkey to join the European Energy Community as a full member, so as to strengthen energy cooperation between EU and Turkey, which can benefit all parties involved; calls on Turkey to fully support the Nabucco pipeline project, which is a European priority project;

| 51. | Calls on the Commission and the Turkish government to start negotiations on an EU-Turkey visa facilitation agreement; |
| --- | --- |

51.

Calls on the Commission and the Turkish government to start negotiations on an EU-Turkey visa facilitation agreement;

| 52. | Points out that one of the main immigration routes to Europe from the broader Middle East and South Asia passes through Turkish territory; notes the limited progress achieved in the field of migration management; calls on the Commission and Turkey to intensify the negotiations on a readmission agreement, in compliance with fundamental human rights, with a view to concluding it without delay; urges the Turkish government to implement properly the existing bilateral readmission agreements and protocols with EU Member States; |
| --- | --- |

52.

Points out that one of the main immigration routes to Europe from the broader Middle East and South Asia passes through Turkish territory; notes the limited progress achieved in the field of migration management; calls on the Commission and Turkey to intensify the negotiations on a readmission agreement, in compliance with fundamental human rights, with a view to concluding it without delay; urges the Turkish government to implement properly the existing bilateral readmission agreements and protocols with EU Member States;

| 53. | Welcomes the progress achieved by the Turkish government in the areas of education, training, youth and culture as far as alignment with the EU acquis is concerned; underlines the importance of close and sustained cooperation between the EU and Turkey in these fields, which are crucial for the successful long-term modernisation of Turkish society; |
| --- | --- |

53.

Welcomes the progress achieved by the Turkish government in the areas of education, training, youth and culture as far as alignment with the EU acquis is concerned; underlines the importance of close and sustained cooperation between the EU and Turkey in these fields, which are crucial for the successful long-term modernisation of Turkish society;

| 54. | Welcomes the nomination of Istanbul as European Capital of Culture 2010 as an opportunity to strengthen intercultural dialogue and cooperation between the EU and Turkey; |
| --- | --- |

54.

Welcomes the nomination of Istanbul as European Capital of Culture 2010 as an opportunity to strengthen intercultural dialogue and cooperation between the EU and Turkey;

| 55. | Reiterates its support for the EU-Turkey Civil Society Dialogue, and asks the Commission to report on activities carried out within that framework, as well as on assistance provided to Turkish civil society under the IPA; calls on the Turkish government to involve its civil society more closely in the reform process; |
| --- | --- |

55.

Reiterates its support for the EU-Turkey Civil Society Dialogue, and asks the Commission to report on activities carried out within that framework, as well as on assistance provided to Turkish civil society under the IPA; calls on the Turkish government to involve its civil society more closely in the reform process;

| 56. | Welcomes the fact that the IPA provides for support for actions promoting better-informed public debate about enlargement of the EU; invites the Turkish government as well as non-governmental actors in Turkey and the EU to make full use of these means in order to enhance support for the reform process and for further strengthening of EU-Turkey relations; |
| --- | --- |

56.

Welcomes the fact that the IPA provides for support for actions promoting better-informed public debate about enlargement of the EU; invites the Turkish government as well as non-governmental actors in Turkey and the EU to make full use of these means in order to enhance support for the reform process and for further strengthening of EU-Turkey relations;

| 57. | Regrets that the Commission has not issued a follow-up to the impact study presented in 2004, and urges that this be presented to Parliament without delay; |
| --- | --- |

57.

Regrets that the Commission has not issued a follow-up to the impact study presented in 2004, and urges that this be presented to Parliament without delay;

| 58. | Calls on the Turkish government to set up all structures necessary to fully implement the IPA assistance and to enhance Turkey's absorption capacity; invites the Commission to report, before the end of 2008, on assistance provided to Turkey under the IPA since 2007; |
| --- | --- |

58.

Calls on the Turkish government to set up all structures necessary to fully implement the IPA assistance and to enhance Turkey's absorption capacity; invites the Commission to report, before the end of 2008, on assistance provided to Turkey under the IPA since 2007;

| 59. | Reiterates the importance of bilateral and trilateral cross-border cooperation programmes (Turkey-Greece-Bulgaria) and also those realised under the ENPI (European Neighbourhood and Partnership Instrument)/CBC (Cross-Border Cooperation) Black Sea Programme, as an appropriate tool for encouraging closer social, cultural and economic contacts between the local partners in the border regions; |
| --- | --- |

59.

Reiterates the importance of bilateral and trilateral cross-border cooperation programmes (Turkey-Greece-Bulgaria) and also those realised under the ENPI (European Neighbourhood and Partnership Instrument)/CBC (Cross-Border Cooperation) Black Sea Programme, as an appropriate tool for encouraging closer social, cultural and economic contacts between the local partners in the border regions;

*

- *

| 60. | Instructs its President to forward this resolution to the Council, the Commission, the Secretary General of the Council of Europe, the President of the European Court of Human Rights, the governments and parliaments of the Member States and the Government and Parliament of the Republic of Turkey. |
| --- | --- |

60.

Instructs its President to forward this resolution to the Council, the Commission, the Secretary General of the Council of Europe, the President of the European Court of Human Rights, the governments and parliaments of the Member States and the Government and Parliament of the Republic of Turkey.

---

(1)  OJ C 306 E, 15.12.2006, p. 284.

(2)  Texts Adopted, P6_TA(2007)0472.

(3)  OJ C 157 E, 6.7.2006, p. 385.

(4)  OJ C 287 E, 29.11.2007, p. 174.

(5)  OJ L 51, 26.2.2008, p. 4.

(6)  Commission Communication entitled ‘Enlargement Strategy and Main Challenges 2007-2008’ (COM(2007)0663), p. 57.

(7)  Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (OJ L 210, 31.7.2006, p. 82.

(8)  Statistical annex to the abovementioned Turkey 2007 Progress Report.

---

Thursday 22 May 2008

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/65 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/65

---

Mid-term review of industrial policy

P6_TA(2008)0226

European Parliament resolution of 22 May 2008 on the mid-term review of industrial policy: a contribution to the EU's Growth and Jobs Strategy (2007/2257(INI))

(2009/C 279 E/12)

The European Parliament,

| — | having regard to the communication from the Commission entitled Mid-term review of industrial policy: a contribution to the EU's Growth and Jobs Strategy (COM(2007)0374) and the accompanying staff working document (SEC(2007)0917), |
| --- | --- |

—

having regard to the communication from the Commission entitled Mid-term review of industrial policy: a contribution to the EU's Growth and Jobs Strategy (COM(2007)0374) and the accompanying staff working document (SEC(2007)0917),

| — | having regard to the conclusions of the Competitiveness Council of 22 and 23 November 2007, |
| --- | --- |

—

having regard to the conclusions of the Competitiveness Council of 22 and 23 November 2007,

| — | having regard to the communication from the Commission entitled Small and medium-sized enterprises — Key for delivering more growth and jobs — A mid-term review of Modern SME policy (COM(2007)0592), |
| --- | --- |

—

having regard to the communication from the Commission entitled Small and medium-sized enterprises — Key for delivering more growth and jobs — A mid-term review of Modern SME policy (COM(2007)0592),

| — | having regard to the communication from the Commission entitled A lead market initiative for Europe (COM(2007)0860), |
| --- | --- |

—

having regard to the communication from the Commission entitled A lead market initiative for Europe (COM(2007)0860),

| — | having regard to its resolution of 5 July 2006 on a policy framework to strengthen EU manufacturing — towards a more integrated approach for industrial policy (1), |
| --- | --- |

—

having regard to its resolution of 5 July 2006 on a policy framework to strengthen EU manufacturing — towards a more integrated approach for industrial policy (1),

| — | having regard to its resolution of 30 November 2006 entitled Time to move up a gear — creating a Europe of entrepreneurship and growth (2), |
| --- | --- |

—

having regard to its resolution of 30 November 2006 entitled Time to move up a gear — creating a Europe of entrepreneurship and growth (2),

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on the Internal Market and Consumer Protection (A6-0167/2008), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on the Internal Market and Consumer Protection (A6-0167/2008),

| A. | whereas the Commission's mid-term review of industrial policy takes stock of the progress achieved in implementing the integrated approach to industrial policy as at 2005 and sets out the measures to be taken in the coming years, |
| --- | --- |

A.

whereas the Commission's mid-term review of industrial policy takes stock of the progress achieved in implementing the integrated approach to industrial policy as at 2005 and sets out the measures to be taken in the coming years,

| B. | whereas industry in the EU contributes to more than 80 % of private sector R&D expenditure and the innovative products it produces account for 73 % of EU exports, thus playing an important role in the transformation of the EU into a knowledge-based economy, |
| --- | --- |

B.

whereas industry in the EU contributes to more than 80 % of private sector R&D expenditure and the innovative products it produces account for 73 % of EU exports, thus playing an important role in the transformation of the EU into a knowledge-based economy,

| C. | whereas, in comparison with other regions, such as the United States or Asia, industry in the EU is still relatively slow to adapt to changing market realities and new technological developments because of heavy market regulation, |
| --- | --- |

C.

whereas, in comparison with other regions, such as the United States or Asia, industry in the EU is still relatively slow to adapt to changing market realities and new technological developments because of heavy market regulation,

| D. | whereas trends such as globalisation, technological change and sustainable development offer important, as yet unexploited opportunities for the industrial sector in the EU, |
| --- | --- |

D.

whereas trends such as globalisation, technological change and sustainable development offer important, as yet unexploited opportunities for the industrial sector in the EU,

| 1. | Welcomes the Commission's communication reviewing the progress made in implementing an integrated industrial policy and stresses that a prosperous industrial sector is essential for the achievement of the Lisbon goals; |
| --- | --- |

1.

Welcomes the Commission's communication reviewing the progress made in implementing an integrated industrial policy and stresses that a prosperous industrial sector is essential for the achievement of the Lisbon goals;

| 2. | Notes the progress achieved with both horizontal and sector-specific actions and welcomes the new sectoral initiatives on food processing and electrical engineering; |
| --- | --- |

2.

Notes the progress achieved with both horizontal and sector-specific actions and welcomes the new sectoral initiatives on food processing and electrical engineering;

| 3. | Regrets the weakness of the link between EU and national industrial policy and supports the Commission's and Member States' initiatives to strengthen this link; |
| --- | --- |

3.

Regrets the weakness of the link between EU and national industrial policy and supports the Commission's and Member States' initiatives to strengthen this link;

| 4. | Believes that the main role of EU industrial policy is to put in place the right framework conditions for enterprise development, industrial investment, innovation and job creation, paying particular attention to the needs of small and medium-sized enterprises (SMEs); |
| --- | --- |

4.

Believes that the main role of EU industrial policy is to put in place the right framework conditions for enterprise development, industrial investment, innovation and job creation, paying particular attention to the needs of small and medium-sized enterprises (SMEs);

| 5. | Believes that an open and competitive internal market in services and industry contributes to the sector's potential for innovation and increases its competitiveness; takes the view that competition policy plays a crucial role in ensuring that consumers benefit from an open European market; |
| --- | --- |

5.

Believes that an open and competitive internal market in services and industry contributes to the sector's potential for innovation and increases its competitiveness; takes the view that competition policy plays a crucial role in ensuring that consumers benefit from an open European market;

| 6. | Emphasises the importance of an efficient public procurement regime for the competitiveness of European industry; believes that pre-commercial public procurement is an important tool for boosting the innovativeness of European undertakings; encourages Member States to review their public procurement policies in this light and asks the Commission to promote the exchange of best practice in this area; |
| --- | --- |

6.

Emphasises the importance of an efficient public procurement regime for the competitiveness of European industry; believes that pre-commercial public procurement is an important tool for boosting the innovativeness of European undertakings; encourages Member States to review their public procurement policies in this light and asks the Commission to promote the exchange of best practice in this area;

| 7. | Welcomes the Commission's proposals on consolidating the European market in defence equipment and improving the global competitiveness of the defence industry in the EU; |
| --- | --- |

7.

Welcomes the Commission's proposals on consolidating the European market in defence equipment and improving the global competitiveness of the defence industry in the EU;

| 8. | Encourages the Commission to intensify its market monitoring of the supply chain of industrial and consumer goods, including downstream distributors and retailers, so as to ensure that competitive conditions exist at all stages of the supply chain; |
| --- | --- |

8.

Encourages the Commission to intensify its market monitoring of the supply chain of industrial and consumer goods, including downstream distributors and retailers, so as to ensure that competitive conditions exist at all stages of the supply chain;

| 9. | Calls on the Commission to step up its efforts to eliminate unnecessary administrative barriers that make access to the internal market difficult, to simplify and to improve the regulatory environment and to reduce the administrative burden on enterprises, inter alia by ensuring that progress is made on the 13 priority areas set out in the Commission's action plan to reduce the administrative burden and by implementing the second package of ‘fast track’ measures for removing administrative barriers; |
| --- | --- |

9.

Calls on the Commission to step up its efforts to eliminate unnecessary administrative barriers that make access to the internal market difficult, to simplify and to improve the regulatory environment and to reduce the administrative burden on enterprises, inter alia by ensuring that progress is made on the 13 priority areas set out in the Commission's action plan to reduce the administrative burden and by implementing the second package of ‘fast track’ measures for removing administrative barriers;

| 10. | Urges the Member States to make progress towards setting and reaching ambitious national targets for the reduction of the administrative burden, in particular those that encourage the growth and development of SMEs, such as simplified reporting requirements and exemptions; |
| --- | --- |

10.

Urges the Member States to make progress towards setting and reaching ambitious national targets for the reduction of the administrative burden, in particular those that encourage the growth and development of SMEs, such as simplified reporting requirements and exemptions;

| 11. | Encourages the Commission to use a coherent approach to SMEs in all EU policies by properly applying the ‘think small first’ principle; |
| --- | --- |

11.

Encourages the Commission to use a coherent approach to SMEs in all EU policies by properly applying the ‘think small first’ principle;

| 12. | Strongly supports the initiative for a ‘Small Business Act for Europe’; believes that it should take the form of a legislative proposal and include new, concrete initiatives to reduce, through exemptions, the regulatory burden on SMEs, to facilitate their access to the internal market and to public procurement procedures and to ensure that they have adequate access to sources of finance and to research infrastructure; |
| --- | --- |

12.

Strongly supports the initiative for a ‘Small Business Act for Europe’; believes that it should take the form of a legislative proposal and include new, concrete initiatives to reduce, through exemptions, the regulatory burden on SMEs, to facilitate their access to the internal market and to public procurement procedures and to ensure that they have adequate access to sources of finance and to research infrastructure;

| 13. | Emphasises the importance of the Basel II Agreement (3) in influencing bank behaviour and the willingness of banks to lend to relatively high-risk customers, including SMEs; regards this development as instrumental in supporting SMEs in investing in and carrying out business oriented research; |
| --- | --- |

13.

Emphasises the importance of the Basel II Agreement (3) in influencing bank behaviour and the willingness of banks to lend to relatively high-risk customers, including SMEs; regards this development as instrumental in supporting SMEs in investing in and carrying out business oriented research;

| 14. | Welcomes the partnership groupings established by the Commission, such as CARS 21 and the High Level Group on Textiles; believes that these groupings are important fora for strengthening EU industrial policy; |
| --- | --- |

14.

Welcomes the partnership groupings established by the Commission, such as CARS 21 and the High Level Group on Textiles; believes that these groupings are important fora for strengthening EU industrial policy;

| 15. | Stresses the urgency of establishing an EU-wide market for venture capital by removing existing regulatory and tax obstacles to venture capital investments in Europe's most innovative small firms; |
| --- | --- |

15.

Stresses the urgency of establishing an EU-wide market for venture capital by removing existing regulatory and tax obstacles to venture capital investments in Europe's most innovative small firms;

| 16. | Recalls the importance of modern standardisation systems, and encourages the Commission to speed up the implementation of ‘new approach’ standards, while respecting the needs of SMEs and strengthening the participation of SME representatives; |
| --- | --- |

16.

Recalls the importance of modern standardisation systems, and encourages the Commission to speed up the implementation of ‘new approach’ standards, while respecting the needs of SMEs and strengthening the participation of SME representatives;

| 17. | Is of the opinion that the EU's environmental goals should not be seen as a threat to industry, but as an opportunity to gain a first mover advantage and make industry in the EU a world leader in environmentally friendly and socially acceptable technologies, products and services; stresses therefore, that the application of new technologies should be accompanied by measures to safeguard the international competitiveness of European enterprises; |
| --- | --- |

17.

Is of the opinion that the EU's environmental goals should not be seen as a threat to industry, but as an opportunity to gain a first mover advantage and make industry in the EU a world leader in environmentally friendly and socially acceptable technologies, products and services; stresses therefore, that the application of new technologies should be accompanied by measures to safeguard the international competitiveness of European enterprises;

| 18. | Considers that industrial development is closely linked to the existence of an efficient transport infrastructure at European level, that a properly performing transport infrastructure enables the development of industrial zones, including those outside cities, and that Member States should be able to use regional development funds in order to create industrial and technological parks in rural areas adjoining conurbations; |
| --- | --- |

18.

Considers that industrial development is closely linked to the existence of an efficient transport infrastructure at European level, that a properly performing transport infrastructure enables the development of industrial zones, including those outside cities, and that Member States should be able to use regional development funds in order to create industrial and technological parks in rural areas adjoining conurbations;

| 19. | Considers that the Commission's proposed action plan on sustainable industrial policy should put in place a framework for a gradual transition towards a low carbon and energy- and resource-efficient industry that will contribute to achieving the objectives in the fields of energy and climate change formulated by the European Council of 8 and 9 March 2007; believes that the lead market initiative and the Standards Action Programme could play an important role in this; |
| --- | --- |

19.

Considers that the Commission's proposed action plan on sustainable industrial policy should put in place a framework for a gradual transition towards a low carbon and energy- and resource-efficient industry that will contribute to achieving the objectives in the fields of energy and climate change formulated by the European Council of 8 and 9 March 2007; believes that the lead market initiative and the Standards Action Programme could play an important role in this;

| 20. | Especially stresses the need for sustainable and balanced development across the EU, both geographically and with regard to the scale of projects; believes that a truly balanced approach is the only way to stimulate the development of industry in the EU, provide new opportunities for job creation and promote successful regions within EU; believes that the clusters initiative can constitute a powerful lever for innovation and sustainable regional development; |
| --- | --- |

20.

Especially stresses the need for sustainable and balanced development across the EU, both geographically and with regard to the scale of projects; believes that a truly balanced approach is the only way to stimulate the development of industry in the EU, provide new opportunities for job creation and promote successful regions within EU; believes that the clusters initiative can constitute a powerful lever for innovation and sustainable regional development;

| 21. | Welcomes the significant contribution of cohesion policy to ensuring competition in the industrial sector, and encourages Member States to further focus their investments within the European Regional Development Fund and the European Social Fund on fields which promote the growth of human capital, research, innovation, entrepreneurship and on assistance for SMEs; |
| --- | --- |

21.

Welcomes the significant contribution of cohesion policy to ensuring competition in the industrial sector, and encourages Member States to further focus their investments within the European Regional Development Fund and the European Social Fund on fields which promote the growth of human capital, research, innovation, entrepreneurship and on assistance for SMEs;

| 22. | Points out that the impact of environmental legislation on the international competitiveness of energy intensive industries in the EU should be taken into consideration urgently in order to avoid carbon leakage and unemployment; in this connection urges the Commission to actively promote and support the setting up of global sectoral agreements that can reduce the environmental impact of specific industries worldwide while ensuring a level playing field; |
| --- | --- |

22.

Points out that the impact of environmental legislation on the international competitiveness of energy intensive industries in the EU should be taken into consideration urgently in order to avoid carbon leakage and unemployment; in this connection urges the Commission to actively promote and support the setting up of global sectoral agreements that can reduce the environmental impact of specific industries worldwide while ensuring a level playing field;

| 23. | Supports the Commission in its move to subject all new legislative proposals to an intensive and rigorous impact assessment, examining, in particular, whether each proposal has any unfavourable implications for the functioning of the internal market or the competitiveness of European industry according to the sustainability principle; |
| --- | --- |

23.

Supports the Commission in its move to subject all new legislative proposals to an intensive and rigorous impact assessment, examining, in particular, whether each proposal has any unfavourable implications for the functioning of the internal market or the competitiveness of European industry according to the sustainability principle;

| 24. | Draws attention to the current developments with regard to access to raw materials; points out that the EU is completely dependent on imports of several metals; calls on the Commission to propose an integrated approach to securing sustainable access to raw materials, improving resource efficiency and supporting the development of exploration technologies; calls on the Commission and the Member States to support and accelerate the realisation of the projects announced by the European Council as being of Community interest for energy safety and the diversification of the EU's energy sources; |
| --- | --- |

24.

Draws attention to the current developments with regard to access to raw materials; points out that the EU is completely dependent on imports of several metals; calls on the Commission to propose an integrated approach to securing sustainable access to raw materials, improving resource efficiency and supporting the development of exploration technologies; calls on the Commission and the Member States to support and accelerate the realisation of the projects announced by the European Council as being of Community interest for energy safety and the diversification of the EU's energy sources;

| 25. | Recalls the important structural change brought about by the shift in employment towards industry-related services; therefore, supports the planned industry and services initiative that will analyse the service sectors and their impact on industrial competitiveness; draws the Commission's attention, in particular, to the improvement of the quality, productivity and value of services provided to industry, in particular knowledge-intensive business services; |
| --- | --- |

25.

Recalls the important structural change brought about by the shift in employment towards industry-related services; therefore, supports the planned industry and services initiative that will analyse the service sectors and their impact on industrial competitiveness; draws the Commission's attention, in particular, to the improvement of the quality, productivity and value of services provided to industry, in particular knowledge-intensive business services;

| 26. | Welcomes the Commission's initiative on structural change which will facilitate the exchange of best practice among Member States; strongly encourages the Commission, in its review of its communication entitled Restructuring and employment — Anticipating and accompanying restructuring in order to develop employment: the role of the European Union (COM(2005)0120), to support the setting up of large partnerships at EU level as well as networks for the exchange of information and best practice among experts in Member States; |
| --- | --- |

26.

Welcomes the Commission's initiative on structural change which will facilitate the exchange of best practice among Member States; strongly encourages the Commission, in its review of its communication entitled Restructuring and employment — Anticipating and accompanying restructuring in order to develop employment: the role of the European Union (COM(2005)0120), to support the setting up of large partnerships at EU level as well as networks for the exchange of information and best practice among experts in Member States;

| 27. | Draws attention to the need for ongoing priority investment in education, training and research, and also to the dependence of industrial development and the competitiveness of EU products on the quality of human resources and global innovation in new products; |
| --- | --- |

27.

Draws attention to the need for ongoing priority investment in education, training and research, and also to the dependence of industrial development and the competitiveness of EU products on the quality of human resources and global innovation in new products;

| 28. | Emphasises the fact that innovative products significantly strengthen the EU's competitive advantage, representing 73 % of EU exports; notes, however, that the EU still lags behind the United States and Japan in innovation, especially in business R&D; believes, therefore, that Community funding programmes, such as the Seventh Framework Programme for research, technological development and demonstration activities and the Competitiveness and Innovation Framework Programme, and the European Institute for Innovation and Technology, should be exploited to their fullest; in this respect, welcomes the ‘lead market’ initiative and the Standards Action Programme as contributions to unlocking market potential for innovative products and services in specific areas of significant value to society; urges the Commission to demonstrate its commitment to better regulation in this regard and cautions against favouring certain technological solutions over others; |
| --- | --- |

28.

Emphasises the fact that innovative products significantly strengthen the EU's competitive advantage, representing 73 % of EU exports; notes, however, that the EU still lags behind the United States and Japan in innovation, especially in business R&D; believes, therefore, that Community funding programmes, such as the Seventh Framework Programme for research, technological development and demonstration activities and the Competitiveness and Innovation Framework Programme, and the European Institute for Innovation and Technology, should be exploited to their fullest; in this respect, welcomes the ‘lead market’ initiative and the Standards Action Programme as contributions to unlocking market potential for innovative products and services in specific areas of significant value to society; urges the Commission to demonstrate its commitment to better regulation in this regard and cautions against favouring certain technological solutions over others;

| 29. | Considers that, in order to boost innovation throughout the EU, it is essential to support invention-related activities and protect the products of those activities; points, therefore, to the importance of a transparent, simplified intellectual property rights policy, and one that is actually enforced; calls on the Council to take action to introduce a Community patent as soon as possible and calls on the Commission to continue to combat counterfeiting and to work towards global solutions in this area, based predominantly on European models; |
| --- | --- |

29.

Considers that, in order to boost innovation throughout the EU, it is essential to support invention-related activities and protect the products of those activities; points, therefore, to the importance of a transparent, simplified intellectual property rights policy, and one that is actually enforced; calls on the Council to take action to introduce a Community patent as soon as possible and calls on the Commission to continue to combat counterfeiting and to work towards global solutions in this area, based predominantly on European models;

| 30. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

30.

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

---

(1)  OJ C 303 E, 13.12.2006, p. 646.

(2)  OJ C 316 E, 22.12.2006, p. 378.

(3)  International Convergence of Capital Measurement and Capital Standards: A Revised Framework, Basel Committee on Banking Supervision, June 2004.

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/69 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/69

---

Lebanon

P6_TA(2008)0228

European Parliament resolution of 22 May 2008 on the situation in Lebanon

(2009/C 279 E/13)

The European Parliament,

| — | having regard to its previous resolutions on the Middle East, in particular those of 16 January 2003 on the conclusion of an Association Agreement with the Republic of Lebanon (1), 10 March 2005 on the situation in Lebanon (2), 7 September 2006 on the situation in the Middle East (3) and 12 July 2007 on the Middle East (4) and its position of 29 November 2007 on the proposal for a Council decision providing Community macro-financial assistance to Lebanon (5), |
| --- | --- |

—

having regard to its previous resolutions on the Middle East, in particular those of 16 January 2003 on the conclusion of an Association Agreement with the Republic of Lebanon (1), 10 March 2005 on the situation in Lebanon (2), 7 September 2006 on the situation in the Middle East (3) and 12 July 2007 on the Middle East (4) and its position of 29 November 2007 on the proposal for a Council decision providing Community macro-financial assistance to Lebanon (5),

| — | having regard to UN Security Council Resolutions 1559 (2004), 1636 (2005), 1680 (2006), 1701 (2006), and 1757 (2007), |
| --- | --- |

—

having regard to UN Security Council Resolutions 1559 (2004), 1636 (2005), 1680 (2006), 1701 (2006), and 1757 (2007),

| — | having regard to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part (6) (the Association Agreement), |
| --- | --- |

—

having regard to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part (6) (the Association Agreement),

| — | having regard to Council Decision 2007/860/EC of 10 December 2007 providing Community macro-financial assistance to Lebanon (7), |
| --- | --- |

—

having regard to Council Decision 2007/860/EC of 10 December 2007 providing Community macro-financial assistance to Lebanon (7),

| — | having regard to the statement of 16 May 2008 by EU High Representative Javier Solana on the situation in Lebanon, |
| --- | --- |

—

having regard to the statement of 16 May 2008 by EU High Representative Javier Solana on the situation in Lebanon,

| — | having regard to the Declaration by the Presidency on behalf of the European Union on the Middle East of 14 March 2008, |
| --- | --- |

—

having regard to the Declaration by the Presidency on behalf of the European Union on the Middle East of 14 March 2008,

| — | having regard to Rule 103(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 103(4) of its Rules of Procedure,

| A. | extremely alarmed at the escalation of violence in Lebanon and deeply concerned by the institutional situation that arose in Lebanon following the failure of the presidential elections, |
| --- | --- |

A.

extremely alarmed at the escalation of violence in Lebanon and deeply concerned by the institutional situation that arose in Lebanon following the failure of the presidential elections,

| B. | whereas the recent violent clashes between Hezbollah and other militias in Beirut and in other parts of Lebanon, following the decisions taken by the Lebanese Government on 6 May 2008, and the violence that followed the dismissal of the general in charge of airport security and the ban on Hezbollah's communication systems, killed dozens and wounded hundreds of citizens, |
| --- | --- |

B.

whereas the recent violent clashes between Hezbollah and other militias in Beirut and in other parts of Lebanon, following the decisions taken by the Lebanese Government on 6 May 2008, and the violence that followed the dismissal of the general in charge of airport security and the ban on Hezbollah's communication systems, killed dozens and wounded hundreds of citizens,

| C. | whereas the Lebanese Government, with the aim of putting an end to the fighting, has cancelled the decisions that led to the violence and put the Lebanese army in charge of resolving the crisis, |
| --- | --- |

C.

whereas the Lebanese Government, with the aim of putting an end to the fighting, has cancelled the decisions that led to the violence and put the Lebanese army in charge of resolving the crisis,

| D. | whereas the Lebanese Parliament was not playing its constitutional role even before November 2007, when the mandate of the President of the Lebanese Republic came to an end, and whereas the country is in a state of institutional breakdown, which is having serious consequences in terms of democratic functioning, |
| --- | --- |

D.

whereas the Lebanese Parliament was not playing its constitutional role even before November 2007, when the mandate of the President of the Lebanese Republic came to an end, and whereas the country is in a state of institutional breakdown, which is having serious consequences in terms of democratic functioning,

| E. | whereas Hezbollah is not only a political opposition party but also an armed group that controls a good part of Lebanon's territory, including the area inhabited by its Shi'ite communities, |
| --- | --- |

E.

whereas Hezbollah is not only a political opposition party but also an armed group that controls a good part of Lebanon's territory, including the area inhabited by its Shi'ite communities,

| F. | whereas, based on the initiative taken by the League of Arab States, the parties concerned reached an agreement on 15 May 2008 to end the armed clashes immediately, to resume the national dialogue centred on the questions of the national unity government and the new election law, and to restore normal life and the situation to that prevailing prior to the recent incidents, |
| --- | --- |

F.

whereas, based on the initiative taken by the League of Arab States, the parties concerned reached an agreement on 15 May 2008 to end the armed clashes immediately, to resume the national dialogue centred on the questions of the national unity government and the new election law, and to restore normal life and the situation to that prevailing prior to the recent incidents,

| G. | whereas the current political deadlock in Lebanon is paralysing the proper functioning of the country; whereas this political crisis poses a considerable threat to the fragile stability in Lebanon and in the region as a whole; whereas a stable, fully sovereign, united and democratic Lebanon is of crucial importance for the stability and peaceful development of the entire Middle East, |
| --- | --- |

G.

whereas the current political deadlock in Lebanon is paralysing the proper functioning of the country; whereas this political crisis poses a considerable threat to the fragile stability in Lebanon and in the region as a whole; whereas a stable, fully sovereign, united and democratic Lebanon is of crucial importance for the stability and peaceful development of the entire Middle East,

| H. | whereas Lebanon is a country with strong political, economic and cultural links to Europe and is an important partner of the European Union in the Middle East; whereas a sovereign and democratic Lebanon can play a crucial role in the development of a strong Euro-Mediterranean Partnership, |
| --- | --- |

H.

whereas Lebanon is a country with strong political, economic and cultural links to Europe and is an important partner of the European Union in the Middle East; whereas a sovereign and democratic Lebanon can play a crucial role in the development of a strong Euro-Mediterranean Partnership,

| I. | whereas Article 2 of the Association Agreement stipulates that relations between the parties thereto, as well as all the provisions of the Agreement itself, are to be based on respect for democratic principles and fundamental human rights, as set out in the Universal Declaration of Human Rights, which guides their internal and international policy and constitutes an essential element of the Agreement; whereas the Association Council is empowered to take the necessary measures, within the framework of the regular political dialogue provided for in the Agreement, to promote cooperation between the European Parliament and the Lebanese Parliament, |
| --- | --- |

I.

whereas Article 2 of the Association Agreement stipulates that relations between the parties thereto, as well as all the provisions of the Agreement itself, are to be based on respect for democratic principles and fundamental human rights, as set out in the Universal Declaration of Human Rights, which guides their internal and international policy and constitutes an essential element of the Agreement; whereas the Association Council is empowered to take the necessary measures, within the framework of the regular political dialogue provided for in the Agreement, to promote cooperation between the European Parliament and the Lebanese Parliament,

| J. | whereas UN Security Council Resolution 1757 (2007) set up an international tribunal to try the persons responsible for the assassination of former Prime Minister Rafik Hariri and for other political assassinations in Lebanon, |
| --- | --- |

J.

whereas UN Security Council Resolution 1757 (2007) set up an international tribunal to try the persons responsible for the assassination of former Prime Minister Rafik Hariri and for other political assassinations in Lebanon,

| K. | whereas Lebanon still faces substantial financial and economic challenges; whereas on 4 January 2007 the Lebanese authorities adopted a comprehensive programme of socio-economic reforms; whereas macro-financial assistance amounting to EUR 80 million has been offered by the European Union, with a view to supporting Lebanon's domestic efforts to carry out post-war reconstruction and bring about a sustainable economic recovery, and thus alleviating the financial constraints on the implementation of the Government's economic programme, |
| --- | --- |

K.

whereas Lebanon still faces substantial financial and economic challenges; whereas on 4 January 2007 the Lebanese authorities adopted a comprehensive programme of socio-economic reforms; whereas macro-financial assistance amounting to EUR 80 million has been offered by the European Union, with a view to supporting Lebanon's domestic efforts to carry out post-war reconstruction and bring about a sustainable economic recovery, and thus alleviating the financial constraints on the implementation of the Government's economic programme,

| L. | whereas more than 300 000 Palestinian refugees are still living in poor conditions in Lebanon; whereas the outbreaks of violence and the fights with the army that have taken place in some Palestinian refugee camps have made the situation in the country more strained, |
| --- | --- |

L.

whereas more than 300 000 Palestinian refugees are still living in poor conditions in Lebanon; whereas the outbreaks of violence and the fights with the army that have taken place in some Palestinian refugee camps have made the situation in the country more strained,

| M. | whereas the territorial integrity of the Shebaa farms is still a pending issue, |
| --- | --- |

M.

whereas the territorial integrity of the Shebaa farms is still a pending issue,

| 1. | Welcomes the Agreement reached in Doha on the election of General Michel Sleiman as President of the Republic in the coming days, the creation of a new National Unity Government and the adoption of the election law; calls on the parties to the Agreement to fully implement it; stresses the importance of the positive reaction given by the international community; congratulates the Lebanese parties on the Agreement, and the State of Qatar and the League of Arab States on the successful mediation; |
| --- | --- |

1.

Welcomes the Agreement reached in Doha on the election of General Michel Sleiman as President of the Republic in the coming days, the creation of a new National Unity Government and the adoption of the election law; calls on the parties to the Agreement to fully implement it; stresses the importance of the positive reaction given by the international community; congratulates the Lebanese parties on the Agreement, and the State of Qatar and the League of Arab States on the successful mediation;

| 2. | Stresses the importance of Lebanon's stability, sovereignty, independence, unity and territorial integrity; points out that political stability in Lebanon should be built on the restoration of a climate of confidence between all the parties, the renunciation of violence and the rejection of external influence; |
| --- | --- |

2.

Stresses the importance of Lebanon's stability, sovereignty, independence, unity and territorial integrity; points out that political stability in Lebanon should be built on the restoration of a climate of confidence between all the parties, the renunciation of violence and the rejection of external influence;

| 3. | Welcomes the positive way in which the army and security services contributed to putting an end to the recent developments; invites all the parties involved to support the Lebanese army so that it can guarantee fully the functioning, security, law and order, sovereignty and stability of Lebanon; |
| --- | --- |

3.

Welcomes the positive way in which the army and security services contributed to putting an end to the recent developments; invites all the parties involved to support the Lebanese army so that it can guarantee fully the functioning, security, law and order, sovereignty and stability of Lebanon;

| 4. | Considers, therefore, that the security of the country and of all Lebanese people is dependent on the disarmament of all armed groups, especially Hezbollah, and control of the trafficking of arms to Lebanon; considers it vital that all weapons imported into Lebanon be directed only to the official Lebanese army; reiterates its call for the Lebanese Government to exercise, in cooperation with United Nations Interim Force in Lebanon (UNIFIL), full sovereignty and effective control over the borders and the territory of the country in this connection; calls in this regard on all parties to renounce violence, fully accept the rules of democracy and recognise all state authorities and institutions democratically elected, regardless of their ethnic, religious and party affiliation and origin; |
| --- | --- |

4.

Considers, therefore, that the security of the country and of all Lebanese people is dependent on the disarmament of all armed groups, especially Hezbollah, and control of the trafficking of arms to Lebanon; considers it vital that all weapons imported into Lebanon be directed only to the official Lebanese army; reiterates its call for the Lebanese Government to exercise, in cooperation with United Nations Interim Force in Lebanon (UNIFIL), full sovereignty and effective control over the borders and the territory of the country in this connection; calls in this regard on all parties to renounce violence, fully accept the rules of democracy and recognise all state authorities and institutions democratically elected, regardless of their ethnic, religious and party affiliation and origin;

| 5. | Recalls that the Association Agreement provides for a political dialogue between the European Parliament and the Lebanese Parliament on the basis of the establishment of political cooperation between the two institutions; |
| --- | --- |

5.

Recalls that the Association Agreement provides for a political dialogue between the European Parliament and the Lebanese Parliament on the basis of the establishment of political cooperation between the two institutions;

| 6. | Reiterates the importance of the role of UNIFIL; considers it vital that the Lebanese Government exercise full sovereignty and effective control over the country's borders and territory in all activities that fall under the jurisdiction of the state, in such a way as to guarantee the security of the country and its citizens; |
| --- | --- |

6.

Reiterates the importance of the role of UNIFIL; considers it vital that the Lebanese Government exercise full sovereignty and effective control over the country's borders and territory in all activities that fall under the jurisdiction of the state, in such a way as to guarantee the security of the country and its citizens;

| 7. | Reiterates its call for all the parties concerned to support the work of the international tribunal to try those responsible for the assassination of the former Prime Minister, Rafik Hariri, and other politically motivated assassinations in Lebanon, and urges Syria to fully cooperate with it; |
| --- | --- |

7.

Reiterates its call for all the parties concerned to support the work of the international tribunal to try those responsible for the assassination of the former Prime Minister, Rafik Hariri, and other politically motivated assassinations in Lebanon, and urges Syria to fully cooperate with it;

| 8. | Urges the Lebanese authorities to make every effort to put an end to all discrimination against the Palestinian refugees; reiterates its call for the international community to increase its assistance so as to arrive at a lasting settlement; |
| --- | --- |

8.

Urges the Lebanese authorities to make every effort to put an end to all discrimination against the Palestinian refugees; reiterates its call for the international community to increase its assistance so as to arrive at a lasting settlement;

| 9. | Calls on Syria to refrain from all interference that can have a negative impact on Lebanese internal affairs and to play a constructive role in seeking to establish stability in the country; appeals to Iran and Syria to play a constructive role; calls on all parties concerned to comply with UN Security Council Resolutions 1559 (2004) and 1701 (2006), with regard to respecting the independence, sovereignty, security and stability of Lebanon, recalling the ban on selling weapons to armed militias; |
| --- | --- |

9.

Calls on Syria to refrain from all interference that can have a negative impact on Lebanese internal affairs and to play a constructive role in seeking to establish stability in the country; appeals to Iran and Syria to play a constructive role; calls on all parties concerned to comply with UN Security Council Resolutions 1559 (2004) and 1701 (2006), with regard to respecting the independence, sovereignty, security and stability of Lebanon, recalling the ban on selling weapons to armed militias;

| 10. | Reiterates its support for the determination of the European Union to assist Lebanon in its economic restructuring; calls on the Council and the Commission to continue their efforts to support the reconstruction and economic recovery of Lebanon and to establish closer cooperation with civil society in the country, in order to promote further democratisation there; |
| --- | --- |

10.

Reiterates its support for the determination of the European Union to assist Lebanon in its economic restructuring; calls on the Council and the Commission to continue their efforts to support the reconstruction and economic recovery of Lebanon and to establish closer cooperation with civil society in the country, in order to promote further democratisation there;

| 11. | Instructs its President to forward this resolution to the Council, the Commission, the High Representative for the Common Foreign and Security Policy, the governments and parliaments of the Member States, the UN Secretary-General, the Secretary-General of the League of Arab States, the Quartet Envoy to the Middle East, the President of the Euro-Mediterranean Parliamentary Assembly, the Government and Parliament of Lebanon, the President and Government of Syria, and the Government and Parliament of Iran. |
| --- | --- |

11.

Instructs its President to forward this resolution to the Council, the Commission, the High Representative for the Common Foreign and Security Policy, the governments and parliaments of the Member States, the UN Secretary-General, the Secretary-General of the League of Arab States, the Quartet Envoy to the Middle East, the President of the Euro-Mediterranean Parliamentary Assembly, the Government and Parliament of Lebanon, the President and Government of Syria, and the Government and Parliament of Iran.

---

(1)  OJ C 38 E, 12.2.2004, p. 307.

(2)  OJ C 320 E, 15.12.2005, p. 257.

(3)  OJ C 305 E, 14.12.2006, p. 236.

(4)  Texts Adopted, P6_TA(2007)0350.

(5)  Texts Adopted, P6_TA(2007)0550.

(6)  OJ L 143, 30.5.2006, p. 2.

(7)  OJ L 337, 21.12.2007, p. 111.

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/71 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/71

---

Rising food prices in the European Union and developing countries

P6_TA(2008)0229

European Parliament resolution of 22 May 2008 on rising food prices in the EU and the developing countries

(2009/C 279 E/14)

The European Parliament,

| — | whereas this year marks the 60th anniversary of the Universal Declaration of Human Rights, Article 25(1) of which concerns the right to food, |
| --- | --- |

—

whereas this year marks the 60th anniversary of the Universal Declaration of Human Rights, Article 25(1) of which concerns the right to food,

| — | having regard to the Conclusions of the 1996 World Food Summit and the objective of reducing by half the number of people suffering from hunger by 2015, |
| --- | --- |

—

having regard to the Conclusions of the 1996 World Food Summit and the objective of reducing by half the number of people suffering from hunger by 2015,

| — | having regard to the obligations contained in the UN International Covenant on Economic, Social and Cultural Rights, particularly Article 11 thereof on the right to food, to which all European Union Member States are States Parties, |
| --- | --- |

—

having regard to the obligations contained in the UN International Covenant on Economic, Social and Cultural Rights, particularly Article 11 thereof on the right to food, to which all European Union Member States are States Parties,

| — | having regard to the Special Session of the UN Human Rights Council, of 22 May 2008 in Geneva, on ‘The negative impact on the realisation of the right to food of the worsening of the world food crisis, caused inter alia by soaring food prices’, |
| --- | --- |

—

having regard to the Special Session of the UN Human Rights Council, of 22 May 2008 in Geneva, on ‘The negative impact on the realisation of the right to food of the worsening of the world food crisis, caused inter alia by soaring food prices’,

| — | having regard to the Joint Statement by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the European Commission on the humanitarian aid of the European Union entitled ‘The European Consensus on Humanitarian Aid’ (1), |
| --- | --- |

—

having regard to the Joint Statement by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the European Commission on the humanitarian aid of the European Union entitled ‘The European Consensus on Humanitarian Aid’ (1),

| — | having regard to Article 33 of the EC Treaty, |
| --- | --- |

—

having regard to Article 33 of the EC Treaty,

| — | having regard to the ongoing ‘CAP health check’, |
| --- | --- |

—

having regard to the ongoing ‘CAP health check’,

| — | having regard to the recent recommendations of the International Assessment of Agricultural Science and Technology for Development (IAASTD) on global food production, initiated and carried out with support from the United Nations Development Programme, the Food and Agriculture Organization (FAO), the World Bank and other bodies of the international community, |
| --- | --- |

—

having regard to the recent recommendations of the International Assessment of Agricultural Science and Technology for Development (IAASTD) on global food production, initiated and carried out with support from the United Nations Development Programme, the Food and Agriculture Organization (FAO), the World Bank and other bodies of the international community,

| — | having regard to the reports of the Intergovernmental Panel on Climate Change (IPCC), |
| --- | --- |

—

having regard to the reports of the Intergovernmental Panel on Climate Change (IPCC),

| — | having regard to the current negotiations on the Doha Development Round, |
| --- | --- |

—

having regard to the current negotiations on the Doha Development Round,

| — | having regard to the Kigali Declaration of 22 November 2007 for development-friendly Economic Partnership Agreements (EPAs), adopted by the ACP-EU Joint Parliamentary Assembly, |
| --- | --- |

—

having regard to the Kigali Declaration of 22 November 2007 for development-friendly Economic Partnership Agreements (EPAs), adopted by the ACP-EU Joint Parliamentary Assembly,

| — | having regard to its resolution of 25 October 2007 on rising feed and food prices (2), |
| --- | --- |

—

having regard to its resolution of 25 October 2007 on rising feed and food prices (2),

| — | having regard to Rule 103(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 103(4) of its Rules of Procedure,

| A. | whereas following years of static or falling commodity prices, increases in world wheat prices reached 181 % over the 36 months leading to February 2008, rice prices have increased by 141 % since January 2008 and overall global food prices have increased by 83 %, |
| --- | --- |

A.

whereas following years of static or falling commodity prices, increases in world wheat prices reached 181 % over the 36 months leading to February 2008, rice prices have increased by 141 % since January 2008 and overall global food prices have increased by 83 %,

| B. | whereas the increase in prices has put back the objectives of poverty reduction by 7 years, and whereas, according to World Bank calculations, over 100 million people in the developing world could be pushed deeper into poverty by spiralling food prices, |
| --- | --- |

B.

whereas the increase in prices has put back the objectives of poverty reduction by 7 years, and whereas, according to World Bank calculations, over 100 million people in the developing world could be pushed deeper into poverty by spiralling food prices,

| C. | whereas 854 million people in the world are hungry or malnourished (food insecurity), with 4 million more joining their ranks annually; whereas 170 million children are undernourished and 5,6 million children die each year as a result of malnutrition, |
| --- | --- |

C.

whereas 854 million people in the world are hungry or malnourished (food insecurity), with 4 million more joining their ranks annually; whereas 170 million children are undernourished and 5,6 million children die each year as a result of malnutrition,

| D. | whereas the current food crisis is also the consequence of increased speculation in agricultural and food commodities, |
| --- | --- |

D.

whereas the current food crisis is also the consequence of increased speculation in agricultural and food commodities,

| E. | whereas, according to the FAO, food represents 60-80 % of consumer spending in developing countries and about 10-20 % in industrialised nations; whereas the rise in food prices impacts most heavily on low-income households, |
| --- | --- |

E.

whereas, according to the FAO, food represents 60-80 % of consumer spending in developing countries and about 10-20 % in industrialised nations; whereas the rise in food prices impacts most heavily on low-income households,

| F. | whereas in recent decades the World Bank, the International Monetary Fund (IMF) and the World Trade Organization have imposed trade liberalisation in developing countries in order to impose a dominant model of large-scale, export-oriented agriculture at the expense of sustainable local food production and local food markets, |
| --- | --- |

F.

whereas in recent decades the World Bank, the International Monetary Fund (IMF) and the World Trade Organization have imposed trade liberalisation in developing countries in order to impose a dominant model of large-scale, export-oriented agriculture at the expense of sustainable local food production and local food markets,

| G. | whereas the price rises are exacerbating problems of accessibility, particularly for those on low or non-existent incomes, |
| --- | --- |

G.

whereas the price rises are exacerbating problems of accessibility, particularly for those on low or non-existent incomes,

| H. | whereas demand for food is rising, especially in emerging countries such as China and India, as the world's population increases; whereas the planet, which according to the FAO can feed 12 billion people, is not short of food in overall terms; recalling that the wheat harvest and the rice harvest were very good in 2007; whereas only 1,01 billion tonnes of the 2007 harvest is likely to be used to feed people, while a large proportion will be used to feed animals (760 million tonnes) and some 100 million tonnes to produce agrofuels; whereas the latest estimates suggest that world cereal production should increase in 2008 by 2,6 % to a record 2,164 billion tonnes; whereas, however, these estimates are dependent on favourable climatic conditions, |
| --- | --- |

H.

whereas demand for food is rising, especially in emerging countries such as China and India, as the world's population increases; whereas the planet, which according to the FAO can feed 12 billion people, is not short of food in overall terms; recalling that the wheat harvest and the rice harvest were very good in 2007; whereas only 1,01 billion tonnes of the 2007 harvest is likely to be used to feed people, while a large proportion will be used to feed animals (760 million tonnes) and some 100 million tonnes to produce agrofuels; whereas the latest estimates suggest that world cereal production should increase in 2008 by 2,6 % to a record 2,164 billion tonnes; whereas, however, these estimates are dependent on favourable climatic conditions,

| I. | whereas many developing countries are not realising their food production potential; whereas lack of investment in agriculture, rural development and training of farmers in developing countries and by international financial institutions have exposed small farmers in particular to unfair competition, which has increased their poverty and vulnerability and decreased their capacity to produce enough food, |
| --- | --- |

I.

whereas many developing countries are not realising their food production potential; whereas lack of investment in agriculture, rural development and training of farmers in developing countries and by international financial institutions have exposed small farmers in particular to unfair competition, which has increased their poverty and vulnerability and decreased their capacity to produce enough food,

| J. | whereas one serious obstacle to increased agricultural output in developing countries is that small farmers often lack access to loans or microcredits for investment in improved seeds, fertilisers and irrigation mechanisms and the necessary range of crop protection tools to protect their harvests from pests and diseases, sometimes owing to the fact that they do not own their land and therefore do not have any collateral for loans, |
| --- | --- |

J.

whereas one serious obstacle to increased agricultural output in developing countries is that small farmers often lack access to loans or microcredits for investment in improved seeds, fertilisers and irrigation mechanisms and the necessary range of crop protection tools to protect their harvests from pests and diseases, sometimes owing to the fact that they do not own their land and therefore do not have any collateral for loans,

| K. | whereas the World Food Programme (WFP) has indicated that only USD 260 million of the USD 750 million needed to cover 2008 requirements has so far been firmly pledged, |
| --- | --- |

K.

whereas the World Food Programme (WFP) has indicated that only USD 260 million of the USD 750 million needed to cover 2008 requirements has so far been firmly pledged,

| L. | whereas the impact of rising commodity prices is becoming a destabilising force in the global economy and has already triggered riots in several countries, |
| --- | --- |

L.

whereas the impact of rising commodity prices is becoming a destabilising force in the global economy and has already triggered riots in several countries,

| M. | whereas rising food prices are intensifying the need for an integrated political response and a comprehensive strategy to tackle food problems, |
| --- | --- |

M.

whereas rising food prices are intensifying the need for an integrated political response and a comprehensive strategy to tackle food problems,

The right to food

| 1. | Stresses the fundamental nature of the right to food and the need to improve access for all people at all times to enough food for an active, healthy life; underlines that states have the obligation to protect, respect and fulfil this fundamental human right; points out that the fact that 2 billion people still live in dire poverty and 850 million human beings go hungry each day demonstrates systematic violations of the right to food, as enshrined in international human rights law; calls therefore for adequate measures to implement the provisions of the Universal Declaration of Human Rights on the right to food; urges the Council to ensure coherence of all food-related national and international policies with obligations under the right to food; |
| --- | --- |

1.

Stresses the fundamental nature of the right to food and the need to improve access for all people at all times to enough food for an active, healthy life; underlines that states have the obligation to protect, respect and fulfil this fundamental human right; points out that the fact that 2 billion people still live in dire poverty and 850 million human beings go hungry each day demonstrates systematic violations of the right to food, as enshrined in international human rights law; calls therefore for adequate measures to implement the provisions of the Universal Declaration of Human Rights on the right to food; urges the Council to ensure coherence of all food-related national and international policies with obligations under the right to food;

| 2. | Calls on the Council, therefore, to step up its commitments to the Millennium Development Goals (MDGs) by reaffirming funding commitments and adopting an EU MDG agenda for action at the June European Council; considers that this EU agenda for action should identify specific milestones and actions within time-frames in key areas such as education, health, water, agriculture, growth and infrastructure that will contribute to ensuring the achievement of the MDGs by 2015 with a view, among other objectives, to eradicating hunger by 2015; |
| --- | --- |

2.

Calls on the Council, therefore, to step up its commitments to the Millennium Development Goals (MDGs) by reaffirming funding commitments and adopting an EU MDG agenda for action at the June European Council; considers that this EU agenda for action should identify specific milestones and actions within time-frames in key areas such as education, health, water, agriculture, growth and infrastructure that will contribute to ensuring the achievement of the MDGs by 2015 with a view, among other objectives, to eradicating hunger by 2015;

| 3. | Is concerned by the effects of speculation in food commodities, including commodity hedge funds, on hunger and poverty; invites the Commission to analyse the effect of speculation on food prices and to come up with appropriate measures on the basis of this analysis; |
| --- | --- |

3.

Is concerned by the effects of speculation in food commodities, including commodity hedge funds, on hunger and poverty; invites the Commission to analyse the effect of speculation on food prices and to come up with appropriate measures on the basis of this analysis;

| 4. | Points out that this food crisis is closely interconnected with the financial crisis in which liquidity injections made by central banks to prevent bankruptcies may have increased speculative investments in commodities; calls on the IMF and the Financial Stability Forum to assess this side-effect and take it into consideration when proposing global remedies; |
| --- | --- |

4.

Points out that this food crisis is closely interconnected with the financial crisis in which liquidity injections made by central banks to prevent bankruptcies may have increased speculative investments in commodities; calls on the IMF and the Financial Stability Forum to assess this side-effect and take it into consideration when proposing global remedies;

| 5. | Recalls that those suffering the most from this crisis are the less-favoured layers of the population and therefore stresses the need for appropriate social policies to empower poor or deprived populations and mitigate the effects of the current food crisis; |
| --- | --- |

5.

Recalls that those suffering the most from this crisis are the less-favoured layers of the population and therefore stresses the need for appropriate social policies to empower poor or deprived populations and mitigate the effects of the current food crisis;

Sustainable food production

| 6. | Emphasises that the supply of food to all people across the globe should take precedence over any other goal; stresses that food should be available at reasonable prices, as stated in Article 33 of the EC Treaty; |
| --- | --- |

6.

Emphasises that the supply of food to all people across the globe should take precedence over any other goal; stresses that food should be available at reasonable prices, as stated in Article 33 of the EC Treaty;

| 7. | Recalls the need to ensure internal and global regulation of agricultural markets in the interest of consumers, farmers' incomes, the processing industries and a sustainable EU food policy; |
| --- | --- |

7.

Recalls the need to ensure internal and global regulation of agricultural markets in the interest of consumers, farmers' incomes, the processing industries and a sustainable EU food policy;

| 8. | Recalls that the primary goal of the CAP is to guarantee market stabilisation, supply security and reasonable prices for consumers and underlines the need for a CAP post-2013, in order to ensure the sustainable food policy of the EU, while respecting the sustainability, the security and the quality of agricultural products; |
| --- | --- |

8.

Recalls that the primary goal of the CAP is to guarantee market stabilisation, supply security and reasonable prices for consumers and underlines the need for a CAP post-2013, in order to ensure the sustainable food policy of the EU, while respecting the sustainability, the security and the quality of agricultural products;

| 9. | Emphasises that the raw material cost is a relatively minor component of the total cost of many food products; calls on the Commission and the Member States to analyse the discrepancies between farm gate prices and those charged by the major retailers; |
| --- | --- |

9.

Emphasises that the raw material cost is a relatively minor component of the total cost of many food products; calls on the Commission and the Member States to analyse the discrepancies between farm gate prices and those charged by the major retailers;

| 10. | Calls, therefore, for an impact assessment of the role of retailers in the food chain, as retail food prices have risen disproportionately compared with the cost of living; calls on retailers to pass on a fair price to producers, while at the same time providing consumers with reasonably priced food; |
| --- | --- |

10.

Calls, therefore, for an impact assessment of the role of retailers in the food chain, as retail food prices have risen disproportionately compared with the cost of living; calls on retailers to pass on a fair price to producers, while at the same time providing consumers with reasonably priced food;

| 11. | Points out that current EU cereal stocks would last only 30 days, and questions whether our food stocks are at the right level, especially in view of possible crises; asks the Commission to develop strategies to set up food stocks to prevent future crises; |
| --- | --- |

11.

Points out that current EU cereal stocks would last only 30 days, and questions whether our food stocks are at the right level, especially in view of possible crises; asks the Commission to develop strategies to set up food stocks to prevent future crises;

| 12. | Calls for better forecasting of agricultural output so as to be able to identify prevailing trends in world food supply much earlier; |
| --- | --- |

12.

Calls for better forecasting of agricultural output so as to be able to identify prevailing trends in world food supply much earlier;

| 13. | Stresses that the income situation of EU farmers must be respected; points out that with the rising costs of feed, energy, fertiliser and other inputs and with increasingly costly compliance standards, farmers need to see their revenue rise considerably if they are to continue to be able to meet the demand for food; points out that farm income has only increased slightly and that farmers in certain Member States have actually seen their incomes fall; |
| --- | --- |

13.

Stresses that the income situation of EU farmers must be respected; points out that with the rising costs of feed, energy, fertiliser and other inputs and with increasingly costly compliance standards, farmers need to see their revenue rise considerably if they are to continue to be able to meet the demand for food; points out that farm income has only increased slightly and that farmers in certain Member States have actually seen their incomes fall;

| 14. | Demands that the promotion of sustainable agricultural policies be included in all enlargement and neighbourhood instruments; |
| --- | --- |

14.

Demands that the promotion of sustainable agricultural policies be included in all enlargement and neighbourhood instruments;

| 15. | Calls for third-country operators to be subjected to the same level of controls as EU producers, but recognises the need to help developing countries meet EU phyto-sanitary standards; |
| --- | --- |

15.

Calls for third-country operators to be subjected to the same level of controls as EU producers, but recognises the need to help developing countries meet EU phyto-sanitary standards;

| 16. | Welcomes the decision of EU Agriculture Ministers to adopt the Commission's proposal to suspend set-aside obligations for 2008 and notes the Commission's estimates that this move will free up around 2,9 million hectares for grain production and increase this year's harvest by around 10 million tonnes; |
| --- | --- |

16.

Welcomes the decision of EU Agriculture Ministers to adopt the Commission's proposal to suspend set-aside obligations for 2008 and notes the Commission's estimates that this move will free up around 2,9 million hectares for grain production and increase this year's harvest by around 10 million tonnes;

| 17. | Calls on the Commission to carry out a food security impact assessment of current EU policies relating to the CAP, of renewable energy targets, of development aid and of international trade agreements, in order to improve global food security; |
| --- | --- |

17.

Calls on the Commission to carry out a food security impact assessment of current EU policies relating to the CAP, of renewable energy targets, of development aid and of international trade agreements, in order to improve global food security;

| 18. | Stresses that priority needs to be given to food over fuels, and that biofuel production should be linked to strong sustainability criteria; notes that in achieving the proposed biofuels target these criteria must be met; |
| --- | --- |

18.

Stresses that priority needs to be given to food over fuels, and that biofuel production should be linked to strong sustainability criteria; notes that in achieving the proposed biofuels target these criteria must be met;

| 19. | Accepts that EU subsidisation of crops intended for biofuel production is no longer justified, but emphasises in the strongest possible terms that only 2-3 % of EU agricultural land is currently being used for this kind of production and media reports blaming biofuels for the current food crisis are exaggerated as far as the EU is concerned; agrees, however, that the policy in countries such as the United States of assigning more land for maize growing to produce bioethanol has had a knock-on effect on the price and availability of maize and other cereals on the global food market; |
| --- | --- |

19.

Accepts that EU subsidisation of crops intended for biofuel production is no longer justified, but emphasises in the strongest possible terms that only 2-3 % of EU agricultural land is currently being used for this kind of production and media reports blaming biofuels for the current food crisis are exaggerated as far as the EU is concerned; agrees, however, that the policy in countries such as the United States of assigning more land for maize growing to produce bioethanol has had a knock-on effect on the price and availability of maize and other cereals on the global food market;

| 20. | Calls on the Commission and the Member States, nevertheless, to do more to promote the use and production of second-generation bioenergy which processes manure and agricultural waste materials, rather than primary agricultural products; |
| --- | --- |

20.

Calls on the Commission and the Member States, nevertheless, to do more to promote the use and production of second-generation bioenergy which processes manure and agricultural waste materials, rather than primary agricultural products;

| 21. | Stresses in particular that high priority should be given to collecting municipal waste and agricultural and forest residues and converting them into gas; points out that this would allow appropriate technologies to be developed and give time to study the compatibility of food and energy production; |
| --- | --- |

21.

Stresses in particular that high priority should be given to collecting municipal waste and agricultural and forest residues and converting them into gas; points out that this would allow appropriate technologies to be developed and give time to study the compatibility of food and energy production;

| 22. | Notes with serious concern that the cost of compound feed has risen by EUR 75 per tonne and is continuing to rise, owing to an acute shortage of feed grains, and that this represents an additional cost of EUR 15 billion to the EU livestock industry; |
| --- | --- |

22.

Notes with serious concern that the cost of compound feed has risen by EUR 75 per tonne and is continuing to rise, owing to an acute shortage of feed grains, and that this represents an additional cost of EUR 15 billion to the EU livestock industry;

| 23. | Considers that the current crisis demands an immediate and thorough discussion among the EU institutions and the Member States on the role that modern biotechnology can play in ensuring the continued production of food at reasonable prices; |
| --- | --- |

23.

Considers that the current crisis demands an immediate and thorough discussion among the EU institutions and the Member States on the role that modern biotechnology can play in ensuring the continued production of food at reasonable prices;

Better development policies

| 24. | Considers that a genuine fight against hunger requires a global sustainable development policy in order to enable developing countries to produce and supply their population with sufficient water and food; |
| --- | --- |

24.

Considers that a genuine fight against hunger requires a global sustainable development policy in order to enable developing countries to produce and supply their population with sufficient water and food;

| 25. | Supports developing countries in their endeavours to secure access to food for their local populations; believes that viable policy space must be further strengthened to allow for national rules and measures for the development of this sector; considers Malawi to be a positive example of a developing country where food production has been doubled in the last three years, and underlines that the EU is playing a role in supporting this development; calls on the Commission to provide assistance with making this phenomenon known, so that it can be taken as an example in other developing countries; |
| --- | --- |

25.

Supports developing countries in their endeavours to secure access to food for their local populations; believes that viable policy space must be further strengthened to allow for national rules and measures for the development of this sector; considers Malawi to be a positive example of a developing country where food production has been doubled in the last three years, and underlines that the EU is playing a role in supporting this development; calls on the Commission to provide assistance with making this phenomenon known, so that it can be taken as an example in other developing countries;

| 26. | Calls on the EU Member States and the international community to meet the extraordinary emergency appeal of the WFP as a matter of urgency and to assist it in facing up to the new challenges in the fight against hunger; considers, nevertheless, that dependence on food aid operations needs to be reduced, and stresses, therefore, the need for mid- and long-term action to prevent more damaging consequences and to tackle the root causes of this crisis; |
| --- | --- |

26.

Calls on the EU Member States and the international community to meet the extraordinary emergency appeal of the WFP as a matter of urgency and to assist it in facing up to the new challenges in the fight against hunger; considers, nevertheless, that dependence on food aid operations needs to be reduced, and stresses, therefore, the need for mid- and long-term action to prevent more damaging consequences and to tackle the root causes of this crisis;

| 27. | Calls for an urgent and substantial increase in investment in agriculture, aquaculture, rural development and agribusinesses in developing countries, focused on poor farmers and small-scale farming based on agro-ecological food production systems; recalls that 75 % of the world's poor population lives in rural areas, but that only 4 % of official development assistance (ODA) is dedicated to agriculture; calls, therefore, on the Commission and the Member States to address the issue of agriculture more effectively in their development policies, to promote the adjustment of the programming of the 10th European Development Fund (EDF) in close cooperation with developing countries and to readdress the country strategy papers in order to give higher priority to agriculture; underlines the role of NGOs and local authorities in finding innovative agricultural solutions in partnership with the populations of developing countries, and calls on the Commission and the Member States to support and promote their projects; |
| --- | --- |

27.

Calls for an urgent and substantial increase in investment in agriculture, aquaculture, rural development and agribusinesses in developing countries, focused on poor farmers and small-scale farming based on agro-ecological food production systems; recalls that 75 % of the world's poor population lives in rural areas, but that only 4 % of official development assistance (ODA) is dedicated to agriculture; calls, therefore, on the Commission and the Member States to address the issue of agriculture more effectively in their development policies, to promote the adjustment of the programming of the 10th European Development Fund (EDF) in close cooperation with developing countries and to readdress the country strategy papers in order to give higher priority to agriculture; underlines the role of NGOs and local authorities in finding innovative agricultural solutions in partnership with the populations of developing countries, and calls on the Commission and the Member States to support and promote their projects;

| 28. | Stresses the need to give small farmers in poor countries, who are mainly women, access to land, financial services and credit, high-yield seeds, irrigation systems and fertilisers; stresses that investment in the agricultural sector needs to focus more on irrigation, rural roads, research and local knowledge, training and exchange of best practice with a view to developing sustainable, efficient crop systems, clean drinking water and education, as well as on enhancing local production and market exchanges; calls on the Commission, therefore, to reinforce these areas in its actions and to support producer organisations, microcredit and other financial service programmes and increased investment in agriculture; |
| --- | --- |

28.

Stresses the need to give small farmers in poor countries, who are mainly women, access to land, financial services and credit, high-yield seeds, irrigation systems and fertilisers; stresses that investment in the agricultural sector needs to focus more on irrigation, rural roads, research and local knowledge, training and exchange of best practice with a view to developing sustainable, efficient crop systems, clean drinking water and education, as well as on enhancing local production and market exchanges; calls on the Commission, therefore, to reinforce these areas in its actions and to support producer organisations, microcredit and other financial service programmes and increased investment in agriculture;

| 29. | Calls on the European Investment Bank (EIB) to investigate possibilities for the immediate setting up of a guarantee fund in support of national microcredit and loan schemes and risk-hedging schemes that operate close to the needs of local food producers, especially in poorer developing countries; |
| --- | --- |

29.

Calls on the European Investment Bank (EIB) to investigate possibilities for the immediate setting up of a guarantee fund in support of national microcredit and loan schemes and risk-hedging schemes that operate close to the needs of local food producers, especially in poorer developing countries;

| 30. | Stresses the need for cooperation on climate change between the EU and the developing countries, particularly the need for technology transfer and capacity building; emphasises that climate change must be mainstreamed into all EU development cooperation, underlines that some simple safeguards would help farmers protect crops from droughts and other disasters, and calls on the Commission to explore them; calls on the international community to intensify its efforts to combat desertification, land degradation and drought so as to improve food security and access to water, especially in poor countries; |
| --- | --- |

30.

Stresses the need for cooperation on climate change between the EU and the developing countries, particularly the need for technology transfer and capacity building; emphasises that climate change must be mainstreamed into all EU development cooperation, underlines that some simple safeguards would help farmers protect crops from droughts and other disasters, and calls on the Commission to explore them; calls on the international community to intensify its efforts to combat desertification, land degradation and drought so as to improve food security and access to water, especially in poor countries;

| 31. | Stresses the importance of appropriate investment in research aimed at achieving optimum harvests in all regions of the world; |
| --- | --- |

31.

Stresses the importance of appropriate investment in research aimed at achieving optimum harvests in all regions of the world;

| 32. | Calls, in particular, for any developments in GMOs and public debate thereon to be followed closely; |
| --- | --- |

32.

Calls, in particular, for any developments in GMOs and public debate thereon to be followed closely;

| 33. | Takes the view that countries must have the right to food sovereignty and food security, and that they are entitled to protect their markets against imports of subsidised products; takes the view that this subsidising of agricultural products for export destabilises local markets in developing countries; |
| --- | --- |

33.

Takes the view that countries must have the right to food sovereignty and food security, and that they are entitled to protect their markets against imports of subsidised products; takes the view that this subsidising of agricultural products for export destabilises local markets in developing countries;

Fair international trade

| 34. | Considers that the opening up of agricultural markets needs to be progressive, in accordance with the development progress of each individual developing country and based on socially fair and environmentally sound trade rules; notes that sensitive products that are basic needs for people in developing countries or of particular importance to food security and rural development in developing countries should be excluded from full liberalisation in order to prevent irreversible damage to local producers; stresses that the EU must promote a preferential and asymmetric system in trade negotiations with developing countries in order to allow them to keep certain supply-management and other development tools in their markets; points out that the least-developed countries have quota- and tariff-free market access to the EU, under the ‘Everything But Arms’ (EBA) agreement; |
| --- | --- |

34.

Considers that the opening up of agricultural markets needs to be progressive, in accordance with the development progress of each individual developing country and based on socially fair and environmentally sound trade rules; notes that sensitive products that are basic needs for people in developing countries or of particular importance to food security and rural development in developing countries should be excluded from full liberalisation in order to prevent irreversible damage to local producers; stresses that the EU must promote a preferential and asymmetric system in trade negotiations with developing countries in order to allow them to keep certain supply-management and other development tools in their markets; points out that the least-developed countries have quota- and tariff-free market access to the EU, under the ‘Everything But Arms’ (EBA) agreement;

| 35. | Stresses that, in current Economic Partnership Agreement (EPA) negotiations, the Commission's priority must be to respond to the development needs expressed by African, Caribbean and Pacific (ACP) countries; recalls that, in order to meet this challenge, EPAs must be accompanied by the promised new funding for Aid for Trade (EUR 2 billion a year by 2010) and by the promotion of regional integration; |
| --- | --- |

35.

Stresses that, in current Economic Partnership Agreement (EPA) negotiations, the Commission's priority must be to respond to the development needs expressed by African, Caribbean and Pacific (ACP) countries; recalls that, in order to meet this challenge, EPAs must be accompanied by the promised new funding for Aid for Trade (EUR 2 billion a year by 2010) and by the promotion of regional integration;

| 36. | Stresses the need for a successful, balanced and fair outcome of the Doha Development Round; stresses that the results of the Doha Round should give positive incentives to the developing countries to invest in their agriculture and food production; invites the Commission to support proposals to include an action on staple food prices in the current WTO negotiation round; |
| --- | --- |

36.

Stresses the need for a successful, balanced and fair outcome of the Doha Development Round; stresses that the results of the Doha Round should give positive incentives to the developing countries to invest in their agriculture and food production; invites the Commission to support proposals to include an action on staple food prices in the current WTO negotiation round;

| 37. | Renews its call for the Commission and the Council to promote Fair Trade and other ethical schemes that contribute to raising social and environmental standards by supporting small and marginalised producers in developing countries, decreasing volatility and guaranteeing fairer prices and income, and encourages public authorities in the EU to integrate Fair Trade and sustainability criteria into their public tenders and purchasing policies; |
| --- | --- |

37.

Renews its call for the Commission and the Council to promote Fair Trade and other ethical schemes that contribute to raising social and environmental standards by supporting small and marginalised producers in developing countries, decreasing volatility and guaranteeing fairer prices and income, and encourages public authorities in the EU to integrate Fair Trade and sustainability criteria into their public tenders and purchasing policies;

Promotion of democracy

| 38. | Underlines that the current food crisis demonstrates the need to promote political stability, regional integration, democracy and human rights, not only within the EU, but also worldwide; calls, therefore, on all relevant stakeholders to promote human and democratic values and the rule of law when addressing the current food crisis and tackling long-term food security problems; |
| --- | --- |

38.

Underlines that the current food crisis demonstrates the need to promote political stability, regional integration, democracy and human rights, not only within the EU, but also worldwide; calls, therefore, on all relevant stakeholders to promote human and democratic values and the rule of law when addressing the current food crisis and tackling long-term food security problems;

*

- *

| 39. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the World Bank, the G8, the United Nations Secretary-General and the United Nations General Assembly, the Co-Presidents of the ACP-EU Joint Parliamentary Assembly and the Pan-African Parliament (PAP). |
| --- | --- |

39.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the World Bank, the G8, the United Nations Secretary-General and the United Nations General Assembly, the Co-Presidents of the ACP-EU Joint Parliamentary Assembly and the Pan-African Parliament (PAP).

---

(1)  OJ C 25, 30.1.2008, p. 1.

(2)  Texts Adopted, P6_TA(2007)0480.

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| 19.11.2009 | EN | Official Journal of the European Union | CE 279/77 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/77

---

Visa exemptions

P6_TA(2008)0230

European Parliament resolution of 22 May 2008 on negotiations between the European Union and the United States with regard to visa exemptions (visa waiver)

(2009/C 279 E/15)

The European Parliament,

| — | having regard to Articles 2, 6, 24 and 29 of the Treaty on European Union and Articles 62, 63, 286 and 300 of the EC Treaty, which are the legal foundation for a European area of freedom, security and justice and for international negotiations with third countries and organisations, |
| --- | --- |

—

having regard to Articles 2, 6, 24 and 29 of the Treaty on European Union and Articles 62, 63, 286 and 300 of the EC Treaty, which are the legal foundation for a European area of freedom, security and justice and for international negotiations with third countries and organisations,

| — | having regard to the Council and the Commission statements of 6 March 2008 and 21 April 2008 to its Committee on Civil Liberties, Justice and Home Affairs, |
| --- | --- |

—

having regard to the Council and the Commission statements of 6 March 2008 and 21 April 2008 to its Committee on Civil Liberties, Justice and Home Affairs,

| — | having regard to Rules 83 and 103(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 83 and 103(2) of its Rules of Procedure,

| A. | whereas, since the entry into force of the Amsterdam Treaty in 1999, the Council has been responsible for establishing the rules on visas, including the list of third countries whose nationals must be in possession of a visa or are exempt from a visa requirement (Article 62(2)(b)(i) of the EC Treaty), |
| --- | --- |

A.

whereas, since the entry into force of the Amsterdam Treaty in 1999, the Council has been responsible for establishing the rules on visas, including the list of third countries whose nationals must be in possession of a visa or are exempt from a visa requirement (Article 62(2)(b)(i) of the EC Treaty),

| B. | whereas Community competence in visa matters includes the conditions under which visa-free status is given to nationals of third countries, and whereas such conditions must ensure equal treatment for all EU citizens, not only as regards the granting or denial of visa-free status per se, but also as regards the terms and conditions under which such status is given to, or withheld from, different Member States by third countries, |
| --- | --- |

B.

whereas Community competence in visa matters includes the conditions under which visa-free status is given to nationals of third countries, and whereas such conditions must ensure equal treatment for all EU citizens, not only as regards the granting or denial of visa-free status per se, but also as regards the terms and conditions under which such status is given to, or withheld from, different Member States by third countries,

| C. | whereas since 2001 the Council has exempted US citizens from the visa requirement (1); whereas unfortunately a comparable exemption does not apply to all EU citizens, as the US still maintains the visa requirement for nationals of some Member States (currently Bulgaria, Cyprus, the Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, Poland, Romania and Slovakia), due to the fact that, among other things, the rate of visa refusal, which is based on non-transparent criteria, is, for most of these countries, greater than 3 % of applications (10 % under certain conditions), |
| --- | --- |

C.

whereas since 2001 the Council has exempted US citizens from the visa requirement (1); whereas unfortunately a comparable exemption does not apply to all EU citizens, as the US still maintains the visa requirement for nationals of some Member States (currently Bulgaria, Cyprus, the Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, Poland, Romania and Slovakia), due to the fact that, among other things, the rate of visa refusal, which is based on non-transparent criteria, is, for most of these countries, greater than 3 % of applications (10 % under certain conditions),

| D. | whereas since 2005 a reciprocity mechanism may be activated at Community level (2) following a notification from a Member State, contacts by the Commission with the third country concerned and a Commission report to the Council, which may then decide on ‘a temporary restoration of the visa requirement for nationals of the third country in question’, |
| --- | --- |

D.

whereas since 2005 a reciprocity mechanism may be activated at Community level (2) following a notification from a Member State, contacts by the Commission with the third country concerned and a Commission report to the Council, which may then decide on ‘a temporary restoration of the visa requirement for nationals of the third country in question’,

| E. | whereas even if reciprocity has been reached with several third countries, this is still not the case with the US, so that in 2006 the Commission proposed ‘temporarily restoring the visa requirement for US nationals holding diplomatic and duty/official passports, in order to expedite progress towards reciprocity’ (3); whereas, however, this symbolic proposal was not followed by the Council, |
| --- | --- |

E.

whereas even if reciprocity has been reached with several third countries, this is still not the case with the US, so that in 2006 the Commission proposed ‘temporarily restoring the visa requirement for US nationals holding diplomatic and duty/official passports, in order to expedite progress towards reciprocity’ (3); whereas, however, this symbolic proposal was not followed by the Council,

| F. | whereas several Member States continued their direct bilateral contacts with the US administration notwithstanding the Community's clear competence in the matter, |
| --- | --- |

F.

whereas several Member States continued their direct bilateral contacts with the US administration notwithstanding the Community's clear competence in the matter,

| G. | whereas the situation became legally complicated when the US, on 3 August 2007, with the enactment of Section 711 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (4), namely the Secure Travel and Counterterrorism Partnership Act of 2007, reformed its visa waiver regime by adding seven security enhancements (5) so as to require all Member States wishing to be part of the visa waiver programme (VWP) to agree to sign a bilateral Memorandum of Understanding (MoU) and its binding implementing rules, |
| --- | --- |

G.

whereas the situation became legally complicated when the US, on 3 August 2007, with the enactment of Section 711 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (4), namely the Secure Travel and Counterterrorism Partnership Act of 2007, reformed its visa waiver regime by adding seven security enhancements (5) so as to require all Member States wishing to be part of the visa waiver programme (VWP) to agree to sign a bilateral Memorandum of Understanding (MoU) and its binding implementing rules,

| H. | whereas, even though the content of these so-called ‘implementing rules’ is still unknown to the EU institutions, it is clear from the MoUs that some of the new ‘security enhancements’ fall within the Community's competence (such as that concerning visa delivery or the ‘Electronic System Travel Authorization’ (ESTA) complementary future obligations), some within the EU's competence (such as on stolen passports (6), PNR data or Schengen crime-related data), and the remaining enhancements fall within the exclusive competence of each Member State (such as those linked to the criminal records of its own nationals or those providing for the presence of air marshals on transatlantic flights), |
| --- | --- |

H.

whereas, even though the content of these so-called ‘implementing rules’ is still unknown to the EU institutions, it is clear from the MoUs that some of the new ‘security enhancements’ fall within the Community's competence (such as that concerning visa delivery or the ‘Electronic System Travel Authorization’ (ESTA) complementary future obligations), some within the EU's competence (such as on stolen passports (6), PNR data or Schengen crime-related data), and the remaining enhancements fall within the exclusive competence of each Member State (such as those linked to the criminal records of its own nationals or those providing for the presence of air marshals on transatlantic flights),

| I. | whereas in order to resolve this issue and for all the Member States to participate in the reformed US visa waiver regime in 2009, the Council decided on a two-tier approach on 18 April 2008 by:






  (a) | giving the Commission a formal mandate to negotiate with the US on all Community-related issues and |
| --- | --- | --- |

I.

whereas in order to resolve this issue and for all the Member States to participate in the reformed US visa waiver regime in 2009, the Council decided on a two-tier approach on 18 April 2008 by:

(a)

giving the Commission a formal mandate to negotiate with the US on all Community-related issues and

| (b) | adopting the ‘red lines’ that the Member States must respect in their dialogue with the US before the conclusion of the EC/US negotiations; these ‘red lines’ outline what falls within EC/EU competence and what, since it falls within national competence, may be negotiated bilaterally and make it clear that, as far as bilateral negotiations are concerned, the Member States must respect the principle of loyal cooperation with the other Member States and the EU institutions as laid down in Article 10 of the EC Treaty and in a judgment by the Court of Justice (C-105/03) with regard to the fulfilment of obligations under the EU Treaty, |
| --- | --- |

(b)

adopting the ‘red lines’ that the Member States must respect in their dialogue with the US before the conclusion of the EC/US negotiations; these ‘red lines’ outline what falls within EC/EU competence and what, since it falls within national competence, may be negotiated bilaterally and make it clear that, as far as bilateral negotiations are concerned, the Member States must respect the principle of loyal cooperation with the other Member States and the EU institutions as laid down in Article 10 of the EC Treaty and in a judgment by the Court of Justice (C-105/03) with regard to the fulfilment of obligations under the EU Treaty,

| J. | whereas even for matters that fall within the exclusive competence of the Member States, the principle of loyal cooperation could be threatened by bilateral agreements containing different conditions for the granting of visa-free status to some Member State nationals, which would result in differing treatment of citizens between the Member States in the visa field; whereas the Commission should ensure the principle of loyal cooperation, |
| --- | --- |

J.

whereas even for matters that fall within the exclusive competence of the Member States, the principle of loyal cooperation could be threatened by bilateral agreements containing different conditions for the granting of visa-free status to some Member State nationals, which would result in differing treatment of citizens between the Member States in the visa field; whereas the Commission should ensure the principle of loyal cooperation,

| K. | whereas, in order better to protect US and EU citizens from the terrorist threat, transatlantic cooperation should improve: (a) the identification of the threat through joint analysis and broad information exchange, including exchange of best practice, within the framework of strict data protection measures, (b) coordination at EU and transatlantic level between law enforcement and intelligence agencies, while always respecting the rule of law, fundamental rights and privacy, and (c) operational capacity by means of closer cooperation between EU and US law enforcement and intelligence agencies, based on a deeper level of mutual trust between the different agencies and bodies involved, |
| --- | --- |

K.

whereas, in order better to protect US and EU citizens from the terrorist threat, transatlantic cooperation should improve: (a) the identification of the threat through joint analysis and broad information exchange, including exchange of best practice, within the framework of strict data protection measures, (b) coordination at EU and transatlantic level between law enforcement and intelligence agencies, while always respecting the rule of law, fundamental rights and privacy, and (c) operational capacity by means of closer cooperation between EU and US law enforcement and intelligence agencies, based on a deeper level of mutual trust between the different agencies and bodies involved,

| L. | whereas the US Department of Homeland Security intends to implement air and sea biometric exit procedures by January 2009, the exit programme is considered to be a key provision in order to manage the VWP effectively and the US authorities intend not to extend the VWP to more of the United States' allies if the proposed exit procedures are not implemented by 30 June 2009, |
| --- | --- |

L.

whereas the US Department of Homeland Security intends to implement air and sea biometric exit procedures by January 2009, the exit programme is considered to be a key provision in order to manage the VWP effectively and the US authorities intend not to extend the VWP to more of the United States' allies if the proposed exit procedures are not implemented by 30 June 2009,

| 1. | Considers that any form of direct or indirect discrimination between European citizens, including on the grounds of their nationality should be prohibited not only inside the European Union, as laid down in Article 12 of the EC Treaty, but also outside the European Union, notably when such discrimination is the consequence of a lack of coordination in international negotiations between the EU institutions and the Member States; |
| --- | --- |

1.

Considers that any form of direct or indirect discrimination between European citizens, including on the grounds of their nationality should be prohibited not only inside the European Union, as laid down in Article 12 of the EC Treaty, but also outside the European Union, notably when such discrimination is the consequence of a lack of coordination in international negotiations between the EU institutions and the Member States;

| 2. | Notes the fact that, for the first time, the US recognised the Community's competence to negotiate international visa policy agreements during the JHA Ministerial Troika on 13 March 2008 by agreeing in a joint statement to follow a ‘twin track’ approach; notes that the statement includes the words: ‘those matters that fall within national responsibilities will be discussed with national authorities while those that fall within EU responsibility will be discussed with EU authorities’; considers that, in accordance with that statement, the US should from now on negotiate:






  — | with the Commission on visa matters, as is already the case for air transport (7), |
| --- | --- | --- |

2.

Notes the fact that, for the first time, the US recognised the Community's competence to negotiate international visa policy agreements during the JHA Ministerial Troika on 13 March 2008 by agreeing in a joint statement to follow a ‘twin track’ approach; notes that the statement includes the words: ‘those matters that fall within national responsibilities will be discussed with national authorities while those that fall within EU responsibility will be discussed with EU authorities’; considers that, in accordance with that statement, the US should from now on negotiate:

—

with the Commission on visa matters, as is already the case for air transport (7),

| — | with the Council on EU policies on security-related matters (PNR Agreement or EU-US agreements on extradition and mutual legal assistance), and |
| --- | --- |

—

with the Council on EU policies on security-related matters (PNR Agreement or EU-US agreements on extradition and mutual legal assistance), and

| — | with the Member States on the presence of air marshals on transatlantic flights and on security-related issues in so far as they relate to their own nationals, under the same conditions; |
| --- | --- |

—

with the Member States on the presence of air marshals on transatlantic flights and on security-related issues in so far as they relate to their own nationals, under the same conditions;

| 3. | Reiterates that any agreement entered into by the EC/EU should comply with fundamental rights and individual freedoms as provided for in Article 6(2) of the EU Treaty, including the rights to privacy and data protection as provided for in:






  — | Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, |
| --- | --- | --- |

3.

Reiterates that any agreement entered into by the EC/EU should comply with fundamental rights and individual freedoms as provided for in Article 6(2) of the EU Treaty, including the rights to privacy and data protection as provided for in:

—

Articles 7 and 8 of the Charter of Fundamental Rights of the European Union,

| — | Directive 95/46/EC and specific rules of Community law (and measures related to Schengen) when transfer to a third country is at stake, |
| --- | --- |

—

Directive 95/46/EC and specific rules of Community law (and measures related to Schengen) when transfer to a third country is at stake,

| — | Council of Europe Convention no 108 on the Protection of Individuals with regard to Automatic Processing of Personal Data and its Additional Protocol 181 regarding supervisory authorities and transborder data flows; |
| --- | --- |

—

Council of Europe Convention no 108 on the Protection of Individuals with regard to Automatic Processing of Personal Data and its Additional Protocol 181 regarding supervisory authorities and transborder data flows;

| 4. | Urges the Commission to include in the negotiations the exclusion of Europeans with HIV from the VWP, and ensure equal treatment of all Union citizens; agrees with the Commission that there are no objective reasons for a travel ban on HIV infected people (as stated in its reply of 19 February 2008 to parliamentary question E-6038/07); |
| --- | --- |

4.

Urges the Commission to include in the negotiations the exclusion of Europeans with HIV from the VWP, and ensure equal treatment of all Union citizens; agrees with the Commission that there are no objective reasons for a travel ban on HIV infected people (as stated in its reply of 19 February 2008 to parliamentary question E-6038/07);

| 5. | Endorses the mandate given by the Council to the Commission to negotiate an agreement securing visa waivers for all EU citizens entering the territory of the US, such as already apply to US citizens entering the territory of the EU; calls on the Commission to inform the competent parliamentary committee after each negotiation meeting (if necessary on a confidential basis); |
| --- | --- |

5.

Endorses the mandate given by the Council to the Commission to negotiate an agreement securing visa waivers for all EU citizens entering the territory of the US, such as already apply to US citizens entering the territory of the EU; calls on the Commission to inform the competent parliamentary committee after each negotiation meeting (if necessary on a confidential basis);

| 6. | Considers that negotiations should be concluded before June 2009 and that, by then, no discrimination should be allowed between EU citizens; |
| --- | --- |

6.

Considers that negotiations should be concluded before June 2009 and that, by then, no discrimination should be allowed between EU citizens;

| 7. | Shares the view that the Council's ‘red lines’ should be followed by the Member States (8) according to the principle of loyal cooperation provided for in Article 10 of the EC Treaty and also applicable, according to the case law of the Court of Justice (C-105/03 or the AETR case (22/70)), with regard to the fulfilment of the obligations embodied in the EU Treaty; stresses notably the fact that:






  — | participation in the VWP should create as soon as possible the same rights for all citizens of the Member States, under the same conditions, in terms of the status of their passports; |
| --- | --- | --- |

7.

Shares the view that the Council's ‘red lines’ should be followed by the Member States (8) according to the principle of loyal cooperation provided for in Article 10 of the EC Treaty and also applicable, according to the case law of the Court of Justice (C-105/03 or the AETR case (22/70)), with regard to the fulfilment of the obligations embodied in the EU Treaty; stresses notably the fact that:

—

participation in the VWP should create as soon as possible the same rights for all citizens of the Member States, under the same conditions, in terms of the status of their passports;

| — | any access for the US to EU/EC databases or information systems should be prohibited unless expressly permitted by EC law and, if so, should be commonly agreed to by the EU and based on full respect for the principle of reciprocity; the granting of access should therefore only be allowed as far as it is in line with the specific purpose of these EU information systems, as stated in their respective legal bases; in addition, an adequate level of protection must be ensured, in compliance with the criteria set forth in the relevant EU data protection instruments, whether general (Directive 95/46/EC) or specific (such as the Europol Convention, Eurodac Regulation and Schengen Convention); |
| --- | --- |

—

any access for the US to EU/EC databases or information systems should be prohibited unless expressly permitted by EC law and, if so, should be commonly agreed to by the EU and based on full respect for the principle of reciprocity; the granting of access should therefore only be allowed as far as it is in line with the specific purpose of these EU information systems, as stated in their respective legal bases; in addition, an adequate level of protection must be ensured, in compliance with the criteria set forth in the relevant EU data protection instruments, whether general (Directive 95/46/EC) or specific (such as the Europol Convention, Eurodac Regulation and Schengen Convention);

| — | any extension to Interpol of the reporting of data on lost and stolen passports should be commonly agreed by the EU; |
| --- | --- |

—

any extension to Interpol of the reporting of data on lost and stolen passports should be commonly agreed by the EU;

| — | airport security in accordance with International Civil Aviation Organization (ICAO) standards is sufficiently guaranteed by the existing EC rules (US inspections might be agreed where there are direct flights between airports on EU territory and the US); |
| --- | --- |

—

airport security in accordance with International Civil Aviation Organization (ICAO) standards is sufficiently guaranteed by the existing EC rules (US inspections might be agreed where there are direct flights between airports on EU territory and the US);

| — | any formal agreement on repatriation of EU citizens should be acceptable only on the basis of reciprocity, to be negotiated and concluded between the EC and the US; |
| --- | --- |

—

any formal agreement on repatriation of EU citizens should be acceptable only on the basis of reciprocity, to be negotiated and concluded between the EC and the US;

| — | obligations relating to the possible introduction of an electronic system for travel authorisations for US citizens travelling to the EU should be negotiated by the EC; |
| --- | --- |

—

obligations relating to the possible introduction of an electronic system for travel authorisations for US citizens travelling to the EU should be negotiated by the EC;

| 8. | Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States, the United States Congress and the United States Secretary of Homeland Security. |
| --- | --- |

8.

Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States, the United States Congress and the United States Secretary of Homeland Security.

---

(1)  See Annex II to Council Regulation (EC) No 539/2001.

(2)  See Article 1(4) of the consolidated version of Council Regulation (EC) No 539/2001.

(3)  Second ‘reciprocity’ report, COM(2006)0568 of 3 October 2006.

(4)  Accessible at: http://www.ise.gov/docs/nsis/Implementing911_Act.pdf

(5)  Four of them are mandatory such as: (1) an Electronic System Travel Authorization (ESTA) system; (2) more robust security data sharing efforts; (3) requirements for timely reporting of blank as well as issued lost and stolen passports; and (4) guarantees that VWP countries accept the repatriation of their nationals ordered removed from the United States. There are also three discretionary enhanced security factors to be taken into consideration when determining whether the 3 % visa denial rate requirement can be waived: (1) airport security standards; (2) air marshals programs; and (3) standards for national travel documents.

(6)  See Council Common Position 2005/69/JHA of 24 January 2005 on exchanging certain data with Interpol. (OJ L 27, 29.1.2005, p. 61).

(7)  The Open Skies Agreement (OJ L 134, 25.5.2007, p. 4).

(8)  http://register.consilium.europa.eu/pdf/en/08/st07/st07337.en08.pdf

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/80 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/80

---

Burma

P6_TA(2008)0231

European Parliament resolution of 22 May 2008 on the tragic situation in Burma

(2009/C 279 E/16)

The European Parliament,

| — | having regard to its previous resolutions on Burma, |
| --- | --- |

—

having regard to its previous resolutions on Burma,

| — | having regard to the conclusions of the extraordinary meeting of the General Affairs and External Relations Council of 13 May 2008 on the humanitarian situation in Burma/Myanmar, |
| --- | --- |

—

having regard to the conclusions of the extraordinary meeting of the General Affairs and External Relations Council of 13 May 2008 on the humanitarian situation in Burma/Myanmar,

| — | having regard to UN General Assembly Resolution 60/1 of 24 October 2005 on the World Summit Outcome, paragraph 139 of which endorsed the possibility of collective cohesive action against individual states where ‘national authorities are manifestly failing to protect their populations from genocide, war crime, ethnic cleansing and crimes against humanity’, |
| --- | --- |

—

having regard to UN General Assembly Resolution 60/1 of 24 October 2005 on the World Summit Outcome, paragraph 139 of which endorsed the possibility of collective cohesive action against individual states where ‘national authorities are manifestly failing to protect their populations from genocide, war crime, ethnic cleansing and crimes against humanity’,

| — | having regard to Rule 103(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 103(4) of its Rules of Procedure,

| A. | whereas on 2 and 3 May 2008 cyclone Nargis severely struck southern regions of Burma, including the country's main city Rangoon and the Irrawaddy Delta region, home to nearly half of the population of Burma, |
| --- | --- |

A.

whereas on 2 and 3 May 2008 cyclone Nargis severely struck southern regions of Burma, including the country's main city Rangoon and the Irrawaddy Delta region, home to nearly half of the population of Burma,

| B. | whereas the Burmese state media report 77 738 dead so far, with 55 917 missing, while independent observers and international aid agencies put the toll at at least 100 000 dead; whereas the UN estimates that between 1,6 and 2,5 million people were severely affected and urgently needed aid, |
| --- | --- |

B.

whereas the Burmese state media report 77 738 dead so far, with 55 917 missing, while independent observers and international aid agencies put the toll at at least 100 000 dead; whereas the UN estimates that between 1,6 and 2,5 million people were severely affected and urgently needed aid,

| C. | whereas the ruling State Peace and Development Council ignored warnings and was exceptionally slow in reacting to the emergency and accepting foreign assistance: to date it has permitted only very limited deliveries of international humanitarian aid into the country, insisting that they must be distributed by the military, and has been delaying the issuance of visas to UN and other disaster relief and logistics experts, |
| --- | --- |

C.

whereas the ruling State Peace and Development Council ignored warnings and was exceptionally slow in reacting to the emergency and accepting foreign assistance: to date it has permitted only very limited deliveries of international humanitarian aid into the country, insisting that they must be distributed by the military, and has been delaying the issuance of visas to UN and other disaster relief and logistics experts,

| D. | whereas humanitarian law dictates that delivery of humanitarian assistance must be neutral and independent, |
| --- | --- |

D.

whereas humanitarian law dictates that delivery of humanitarian assistance must be neutral and independent,

| E. | whereas the junta pressed ahead with the referendum on 10 May 2008, despite the plight of tens of thousands of people left stricken by the devastating cyclone, with the exception of the worst-hit districts, where it has been postponed until 24 May 2008, in spite of the call for its cancellation or postponement by the UN Under-Secretary-General for Humanitarian Affairs, |
| --- | --- |

E.

whereas the junta pressed ahead with the referendum on 10 May 2008, despite the plight of tens of thousands of people left stricken by the devastating cyclone, with the exception of the worst-hit districts, where it has been postponed until 24 May 2008, in spite of the call for its cancellation or postponement by the UN Under-Secretary-General for Humanitarian Affairs,

| F. | whereas the Burmese Government has been blocking international aid efforts, with total disregarding for the fact that the lack of clean water, food and medical care is likely to cause infectious diseases, significantly increasing the number of victims, |
| --- | --- |

F.

whereas the Burmese Government has been blocking international aid efforts, with total disregarding for the fact that the lack of clean water, food and medical care is likely to cause infectious diseases, significantly increasing the number of victims,

| G. | whereas ethnic nationalities, notably the Karen — who have already suffered from inordinate discrimination and deprivation — have been severely affected in the Delta area, |
| --- | --- |

G.

whereas ethnic nationalities, notably the Karen — who have already suffered from inordinate discrimination and deprivation — have been severely affected in the Delta area,

| H. | whereas the operating environment for the provision of humanitarian aid has already been severely restricted since the issue of new guidelines by the Burmese Government in February 2006, resulting in complicated travel and monitoring procedures for foreign staff, |
| --- | --- |

H.

whereas the operating environment for the provision of humanitarian aid has already been severely restricted since the issue of new guidelines by the Burmese Government in February 2006, resulting in complicated travel and monitoring procedures for foreign staff,

| I. | whereas, two days after the cyclone, the Commission disbursed EUR 2 million to help meet the basic needs of the survivors in the disaster zone; whereas the current level of pledged EU aid amounts to EUR 17 million and could be raised to more than EUR 30 million if the Burmese leadership allowed international aid, |
| --- | --- |

I.

whereas, two days after the cyclone, the Commission disbursed EUR 2 million to help meet the basic needs of the survivors in the disaster zone; whereas the current level of pledged EU aid amounts to EUR 17 million and could be raised to more than EUR 30 million if the Burmese leadership allowed international aid,

| J. | whereas the Member of the Commission responsible for Development was not allowed to travel to the worst affected areas and his pledges for aid workers to be given better access to the Irrawaddy Delta have been ignored, |
| --- | --- |

J.

whereas the Member of the Commission responsible for Development was not allowed to travel to the worst affected areas and his pledges for aid workers to be given better access to the Irrawaddy Delta have been ignored,

| K. | whereas several governments, including those of EU Member States, have called for the principle of ‘responsibility to protect’, established by the UN to rescue the victims of genocide and crimes against humanity, to be applied in the case of Burma, |
| --- | --- |

K.

whereas several governments, including those of EU Member States, have called for the principle of ‘responsibility to protect’, established by the UN to rescue the victims of genocide and crimes against humanity, to be applied in the case of Burma,

| 1. | Expresses its sincere condolences to and solidarity with the people of Burma and the numerous victims; expresses its sorrow for all those who are suffering the consequences of the disaster; |
| --- | --- |

1.

Expresses its sincere condolences to and solidarity with the people of Burma and the numerous victims; expresses its sorrow for all those who are suffering the consequences of the disaster;

| 2. | Strongly condemns the unacceptably slow response to this grave humanitarian crisis by the Burmese authorities, which have put preservation of their own power before the survival of their citizens; |
| --- | --- |

2.

Strongly condemns the unacceptably slow response to this grave humanitarian crisis by the Burmese authorities, which have put preservation of their own power before the survival of their citizens;

| 3. | Calls on the Burmese Government in the most strenuous terms to put its people's lives first and open cyclone-affected areas to international humanitarian aid operations, to immediately grant visas to aid workers, to allow UN and international humanitarian agencies to distribute the aid directly to those in need and to allow nearby countries to deliver aid by air and sea to the victims who cannot be reached quickly in any other way; |
| --- | --- |

3.

Calls on the Burmese Government in the most strenuous terms to put its people's lives first and open cyclone-affected areas to international humanitarian aid operations, to immediately grant visas to aid workers, to allow UN and international humanitarian agencies to distribute the aid directly to those in need and to allow nearby countries to deliver aid by air and sea to the victims who cannot be reached quickly in any other way;

| 4. | Deplores the distorted priorities of the regime in pushing ahead with its so-called referendum on the sham constitution, and rejects the implausible outcome at a time when a large part of the country has been devastated and millions are suffering from what has been aptly described as a natural disaster turned into a man-made catastrophe; |
| --- | --- |

4.

Deplores the distorted priorities of the regime in pushing ahead with its so-called referendum on the sham constitution, and rejects the implausible outcome at a time when a large part of the country has been devastated and millions are suffering from what has been aptly described as a natural disaster turned into a man-made catastrophe;

| 5. | Reiterates that the sovereignty of a nation cannot be allowed to override the human rights of its people, as enshrined in the UN principle of ‘responsibility to protect’; calls on the Government of the United Kingdom, which holds the May Presidency of the UN Security Council, to take urgent action to put the situation in Burma on the agenda of the Security Council, and calls on the Council to examine whether aid shipments to Burma can be authorised even without the consent of the Burmese military junta; |
| --- | --- |

5.

Reiterates that the sovereignty of a nation cannot be allowed to override the human rights of its people, as enshrined in the UN principle of ‘responsibility to protect’; calls on the Government of the United Kingdom, which holds the May Presidency of the UN Security Council, to take urgent action to put the situation in Burma on the agenda of the Security Council, and calls on the Council to examine whether aid shipments to Burma can be authorised even without the consent of the Burmese military junta;

| 6. | Welcomes the agreement, reached at the summit meeting of ASEAN, India and China in Singapore on 19 May 2008, to allow the Association of Southeast Asian Nations to coordinate international relief efforts, as well as the decision to hold an international pledging conference in cooperation with the UN in Rangoon on 25 May 2008 in order to pool aid for the victims; |
| --- | --- |

6.

Welcomes the agreement, reached at the summit meeting of ASEAN, India and China in Singapore on 19 May 2008, to allow the Association of Southeast Asian Nations to coordinate international relief efforts, as well as the decision to hold an international pledging conference in cooperation with the UN in Rangoon on 25 May 2008 in order to pool aid for the victims;

| 7. | Calls in this regard for a special fund to be set up as a matter of urgency under the auspices of the UN to facilitate the effective distribution of aid in the country; |
| --- | --- |

7.

Calls in this regard for a special fund to be set up as a matter of urgency under the auspices of the UN to facilitate the effective distribution of aid in the country;

| 8. | Urges the Governments of China and India to use their influence with the Burmese authorities in order to open Burma for immediate access by all possible humanitarian relief; |
| --- | --- |

8.

Urges the Governments of China and India to use their influence with the Burmese authorities in order to open Burma for immediate access by all possible humanitarian relief;

| 9. | Stresses the urgent nature of the assistance to be delivered to the suffering population as the weather conditions in the affected are worsening owing to the beginning of the Monsoon, which poses an additional threat to destitute survivors; considers it important to ensure that affected farmers receive assistance to be able to plant a new crop of rice in time so as to avoid another disaster; |
| --- | --- |

9.

Stresses the urgent nature of the assistance to be delivered to the suffering population as the weather conditions in the affected are worsening owing to the beginning of the Monsoon, which poses an additional threat to destitute survivors; considers it important to ensure that affected farmers receive assistance to be able to plant a new crop of rice in time so as to avoid another disaster;

| 10. | Expresses support for the efforts of the EU, the UN, individual countries and other international and non-governmental organisations to obtain access for humanitarian aid workers and stresses that, without the full cooperation of the Burmese authorities, there is a substantial threat of an even greater tragedy; sets great hopes on the forthcoming mission of the UN Secretary-General, Ban Ki-moon, who has been invited for talks with the Burmese authorities; urges the UN Secretary-General to use his influence with the Burmese authorities in order to open Burma for immediate access by all possible humanitarian relief; |
| --- | --- |

10.

Expresses support for the efforts of the EU, the UN, individual countries and other international and non-governmental organisations to obtain access for humanitarian aid workers and stresses that, without the full cooperation of the Burmese authorities, there is a substantial threat of an even greater tragedy; sets great hopes on the forthcoming mission of the UN Secretary-General, Ban Ki-moon, who has been invited for talks with the Burmese authorities; urges the UN Secretary-General to use his influence with the Burmese authorities in order to open Burma for immediate access by all possible humanitarian relief;

| 11. | Takes the view that, if the Burmese authorities continue to prevent aid from reaching those in danger, they should be held accountable for crimes against humanity before the ICC; calls on the EU Member States to press for a UN Security Council resolution referring the case to the Prosecutor of the ICC for investigation and prosecution; |
| --- | --- |

11.

Takes the view that, if the Burmese authorities continue to prevent aid from reaching those in danger, they should be held accountable for crimes against humanity before the ICC; calls on the EU Member States to press for a UN Security Council resolution referring the case to the Prosecutor of the ICC for investigation and prosecution;

| 12. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the EU Special Envoy for Burma, the Burmese State Peace and Development Council, the governments of the ASEAN and ASEM Member States, the ASEAN Inter-Parliamentary Myanmar Caucus, Ms Aung San Suu Kyi, the NLD, the UN Secretary-General, the UN High Commissioner for Human Rights and the UN Human Rights Special Rapporteur for Burma. |
| --- | --- |

12.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the EU Special Envoy for Burma, the Burmese State Peace and Development Council, the governments of the ASEAN and ASEM Member States, the ASEAN Inter-Parliamentary Myanmar Caucus, Ms Aung San Suu Kyi, the NLD, the UN Secretary-General, the UN High Commissioner for Human Rights and the UN Human Rights Special Rapporteur for Burma.

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/82 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/82

---

Natural disaster in China

P6_TA(2008)0232

European Parliament resolution of 22 May 2008 on the natural disaster in China

(2009/C 279 E/17)

The European Parliament,

| — | having regard to the conclusions of the extraordinary meeting of the General Affairs and External Relations Council of 13 May 2008 and the statement by the Commission on the situation in Sichuan Province in China, |
| --- | --- |

—

having regard to the conclusions of the extraordinary meeting of the General Affairs and External Relations Council of 13 May 2008 and the statement by the Commission on the situation in Sichuan Province in China,

| — | having regard to Rule 103(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 103(4) of its Rules of Procedure,

| A. | whereas a severe earthquake with a magnitude of 7.8 on the Richter scale struck southwest China on 12 May 2008, |
| --- | --- |

A.

whereas a severe earthquake with a magnitude of 7.8 on the Richter scale struck southwest China on 12 May 2008,

| B. | whereas the earthquake killed tens of thousands of people, especially in Sichuan Province, and many people are still missing, |
| --- | --- |

B.

whereas the earthquake killed tens of thousands of people, especially in Sichuan Province, and many people are still missing,

| C. | whereas the geographical conditions in Sichuan Province render the rescue work difficult, |
| --- | --- |

C.

whereas the geographical conditions in Sichuan Province render the rescue work difficult,

| D. | whereas the Chinese Government has deployed exceptional emergency resources and personnel, including soldiers and medical personnel, who are working in the affected area, |
| --- | --- |

D.

whereas the Chinese Government has deployed exceptional emergency resources and personnel, including soldiers and medical personnel, who are working in the affected area,

| E. | whereas the International Federation of Red Cross and Red Crescent Societies has issued an emergency appeal for aid, |
| --- | --- |

E.

whereas the International Federation of Red Cross and Red Crescent Societies has issued an emergency appeal for aid,

| 1. | Expresses its sincere condolences to and solidarity with the people of China and the numerous victims; expresses its sorrow for all those who are suffering the consequences of the earthquake; |
| --- | --- |

1.

Expresses its sincere condolences to and solidarity with the people of China and the numerous victims; expresses its sorrow for all those who are suffering the consequences of the earthquake;

| 2. | Welcomes the prompt response to the disaster by the Chinese authorities by means of their emergency operation; |
| --- | --- |

2.

Welcomes the prompt response to the disaster by the Chinese authorities by means of their emergency operation;

| 3. | Notes with appreciation China's readiness to accept foreign assistance; calls on the Chinese government to facilitate the work of humanitarian relief and volunteer organisations in distributing aid, and to ensure access to aid for all those in need; |
| --- | --- |

3.

Notes with appreciation China's readiness to accept foreign assistance; calls on the Chinese government to facilitate the work of humanitarian relief and volunteer organisations in distributing aid, and to ensure access to aid for all those in need;

| 4. | Urges the Council and Commission to provide emergency aid, technical assistance and reconstruction aid to the affected area; |
| --- | --- |

4.

Urges the Council and Commission to provide emergency aid, technical assistance and reconstruction aid to the affected area;

| 5. | Emphasises the urgency of supplying primary emergency humanitarian aid through the ECHO programme, backed by a large and adequate budget; notes the arrival of the Commission's humanitarian aid expert in Chengdu to assess needs; |
| --- | --- |

5.

Emphasises the urgency of supplying primary emergency humanitarian aid through the ECHO programme, backed by a large and adequate budget; notes the arrival of the Commission's humanitarian aid expert in Chengdu to assess needs;

| 6. | Supports the contribution which the Member States are making through the ‘Civil Protection Mechanism’, coordinated by the Commission, as well as other contributions to the relief efforts by the international community; |
| --- | --- |

6.

Supports the contribution which the Member States are making through the ‘Civil Protection Mechanism’, coordinated by the Commission, as well as other contributions to the relief efforts by the international community;

| 7. | Welcomes the fact that the Chinese and foreign media are being allowed to provide detailed and accurate information on the disaster; |
| --- | --- |

7.

Welcomes the fact that the Chinese and foreign media are being allowed to provide detailed and accurate information on the disaster;

| 8. | Underlines the importance of good governance in preventing and preparing for possible natural disasters; calls for development of technology for a comprehensive and effective early warning system to prepare populations to cope with earthquakes and other natural disasters; |
| --- | --- |

8.

Underlines the importance of good governance in preventing and preparing for possible natural disasters; calls for development of technology for a comprehensive and effective early warning system to prepare populations to cope with earthquakes and other natural disasters;

| 9. | Welcomes the international community's efforts to make available their best practice in civil emergency and disaster relief work in order to help China and its people who have been affected by the earthquake; calls on the organisations involved to provide enough financial aid for the accomplishment of the commitments; |
| --- | --- |

9.

Welcomes the international community's efforts to make available their best practice in civil emergency and disaster relief work in order to help China and its people who have been affected by the earthquake; calls on the organisations involved to provide enough financial aid for the accomplishment of the commitments;

| 10. | Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States and the government of China. |
| --- | --- |

10.

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

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/84 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/84

---

Global treaty to ban uranium weapons

P6_TA(2008)0233

European Parliament resolution of 22 May 2008 on (depleted) uranium weapons and their effect on human health and the environment — towards a global ban on the use of such weapons

(2009/C 279 E/18)

The European Parliament,

| — | having regard to its previous resolutions on the harmful effects of the use of uranium (including depleted uranium) in conventional weapons, |
| --- | --- |

—

having regard to its previous resolutions on the harmful effects of the use of uranium (including depleted uranium) in conventional weapons,

| — | having regard to the UN Secretary-General's speech on the occasion of the International Day for Preventing the Exploitation of the Environment in War and Armed Conflict (6 November 2002), |
| --- | --- |

—

having regard to the UN Secretary-General's speech on the occasion of the International Day for Preventing the Exploitation of the Environment in War and Armed Conflict (6 November 2002),

| — | having regard to UN General Assembly resolution A/RES/62/30, adopted on 5 December 2007, highlighting serious health concerns about the use of depleted uranium weapons, |
| --- | --- |

—

having regard to UN General Assembly resolution A/RES/62/30, adopted on 5 December 2007, highlighting serious health concerns about the use of depleted uranium weapons,

| — | having regard to Rule 108(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 108(5) of its Rules of Procedure,

| A. | whereas (depleted) uranium has been widely used in modern warfare, both as ammunition against hardened targets in rural and urban environments and as hardened armoured protection against missile and artillery attacks, |
| --- | --- |

A.

whereas (depleted) uranium has been widely used in modern warfare, both as ammunition against hardened targets in rural and urban environments and as hardened armoured protection against missile and artillery attacks,

| B. | whereas, ever since its use by the allied forces in the first war against Iraq, there have been serious concerns about the radiological and chemical toxicity of the fine uranium particles produced when such weapons impact on hard targets; whereas concerns have also been expressed about the contamination of soil and groundwater by expended rounds that have missed their targets and their implications for civilian populations, |
| --- | --- |

B.

whereas, ever since its use by the allied forces in the first war against Iraq, there have been serious concerns about the radiological and chemical toxicity of the fine uranium particles produced when such weapons impact on hard targets; whereas concerns have also been expressed about the contamination of soil and groundwater by expended rounds that have missed their targets and their implications for civilian populations,

| C. | whereas, despite the fact that scientific research has so far been unable to find conclusive evidence of harm, there are numerous testimonies as to the harmful and often deadly effects on both military personnel and civilians, |
| --- | --- |

C.

whereas, despite the fact that scientific research has so far been unable to find conclusive evidence of harm, there are numerous testimonies as to the harmful and often deadly effects on both military personnel and civilians,

| D. | whereas the last few years have seen great advances in terms of understanding the environmental and health hazards posed by depleted uranium, and whereas it is high time that this was reflected in international military standards, as they develop, |
| --- | --- |

D.

whereas the last few years have seen great advances in terms of understanding the environmental and health hazards posed by depleted uranium, and whereas it is high time that this was reflected in international military standards, as they develop,

| E. | whereas the use of depleted uranium in warfare runs counter to the basic rules and principles enshrined in written and customary international, humanitarian and environmental law, |
| --- | --- |

E.

whereas the use of depleted uranium in warfare runs counter to the basic rules and principles enshrined in written and customary international, humanitarian and environmental law,

| 1. | Urges the Member States to adhere to paragraph 1 of the abovementioned UN resolution and to submit a report with their views on the effects of the use of armaments and ammunition containing depleted uranium; |
| --- | --- |

1.

Urges the Member States to adhere to paragraph 1 of the abovementioned UN resolution and to submit a report with their views on the effects of the use of armaments and ammunition containing depleted uranium;

| 2. | Recommends that the EU High Representative include in the forthcoming revised version of the European Security Strategy the need to give serious thought to the future utility of unguided munitions, as well as cluster bombs, mines and other weapons of indiscriminate effect, such as depleted uranium weapons; |
| --- | --- |

2.

Recommends that the EU High Representative include in the forthcoming revised version of the European Security Strategy the need to give serious thought to the future utility of unguided munitions, as well as cluster bombs, mines and other weapons of indiscriminate effect, such as depleted uranium weapons;

| 3. | Requests the Council and the Commission to commission scientific studies into the use of depleted uranium in all regions where European and international military and civilian personnel have been deployed; |
| --- | --- |

3.

Requests the Council and the Commission to commission scientific studies into the use of depleted uranium in all regions where European and international military and civilian personnel have been deployed;

| 4. | Urges Member States, within the framework of future operations, not to use depleted uranium weapons in European Security and Defence Policy operations and not to deploy military and civilian personnel in regions where no guarantee can be given to the effect that depleted uranium has not been, or will not be, used; |
| --- | --- |

4.

Urges Member States, within the framework of future operations, not to use depleted uranium weapons in European Security and Defence Policy operations and not to deploy military and civilian personnel in regions where no guarantee can be given to the effect that depleted uranium has not been, or will not be, used;

| 5. | Urges Member States, the Council and the Commission to provide full information to their military and civilian personnel on mission, as well as to their professional organisations, about the probability that depleted uranium has been or might be used in their region of operations, and to take sufficient protective measures; |
| --- | --- |

5.

Urges Member States, the Council and the Commission to provide full information to their military and civilian personnel on mission, as well as to their professional organisations, about the probability that depleted uranium has been or might be used in their region of operations, and to take sufficient protective measures;

| 6. | Calls on the Member States, the Council and the Commission to establish an environmental inventory of depleted uranium-contaminated areas (including testing ranges) and to provide full support — including financial support — for projects that could assist victims and their relatives as well as for clean-up operations in the affected areas, should a negative effect on human health and the environment be confirmed; |
| --- | --- |

6.

Calls on the Member States, the Council and the Commission to establish an environmental inventory of depleted uranium-contaminated areas (including testing ranges) and to provide full support — including financial support — for projects that could assist victims and their relatives as well as for clean-up operations in the affected areas, should a negative effect on human health and the environment be confirmed;

| 7. | Strongly reiterates its call on all Member States and NATO countries to impose a moratorium on the use of depleted uranium weapons and to redouble efforts towards a global ban, as well as systematically to halt production and procurement of this type of weaponry; |
| --- | --- |

7.

Strongly reiterates its call on all Member States and NATO countries to impose a moratorium on the use of depleted uranium weapons and to redouble efforts towards a global ban, as well as systematically to halt production and procurement of this type of weaponry;

| 8. | Calls on the Member States and the Council to take the lead in working — through the UN or through a ‘coalition of the willing’ — towards an international treaty establishing a ban on the development, production, stockpiling, transfer, testing and use of uranium weapons as well as the destruction or recycling of existing stocks, should there be conclusive scientific evidence of harm caused by such weapons; |
| --- | --- |

8.

Calls on the Member States and the Council to take the lead in working — through the UN or through a ‘coalition of the willing’ — towards an international treaty establishing a ban on the development, production, stockpiling, transfer, testing and use of uranium weapons as well as the destruction or recycling of existing stocks, should there be conclusive scientific evidence of harm caused by such weapons;

| 9. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, NATO and the NATO Parliamentary Assembly, the UN and the United Nations Environmental Programme, the European Organisation of Military Associations, the International Committee of the Red Cross and the World Health Organization. |
| --- | --- |

9.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, NATO and the NATO Parliamentary Assembly, the UN and the United Nations Environmental Programme, the European Organisation of Military Associations, the International Committee of the Red Cross and the World Health Organization.

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| 19.11.2009 | EN | Official Journal of the European Union | CE 279/85 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/85

---

REACH (Draft Test Methods Regulation)

P6_TA(2008)0234

European Parliament resolution of 22 May 2008 on the draft Commission Regulation laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

(2009/C 279 E/19)

The European Parliament,

| — | having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (1), and particularly Article 13 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 (1), and particularly Article 13 thereof,

| — | having regard to the draft Commission Regulation laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (CMT(2007)1792/7) (hereinafter the draft Commission Regulation), |
| --- | --- |

—

having regard to the draft Commission Regulation laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (CMT(2007)1792/7) (hereinafter the draft Commission Regulation),

| — | having regard to the opinion delivered by the committee referred to in Article 133 of the REACH Regulation, |
| --- | --- |

—

having regard to the opinion delivered by the committee referred to in Article 133 of the REACH Regulation,

| — | having regard to Article 5a(3)(b) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2), |
| --- | --- |

—

having regard to Article 5a(3)(b) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2),

| — | having regard to Oral Question B6-0158/2008 by its Committee on the Environment, Public Health and Food Safety, |
| --- | --- |

—

having regard to Oral Question B6-0158/2008 by its Committee on the Environment, Public Health and Food Safety,

| — | having regard to Rule 108(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 108(5) of its Rules of Procedure,

| A. | whereas the draft Commission Regulation aims at






  — | transferring test methods currently contained in Annex V of Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (3) to a new Commission Regulation, and |
| --- | --- | --- |

A.

whereas the draft Commission Regulation aims at

—

transferring test methods currently contained in Annex V of Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (3) to a new Commission Regulation, and

| — | including new or revised test methods which are currently not incorporated in Annex V of Directive 67/548/EEC but were to be included in Annex V as part of the 30th Adaptation to Technical Progress, by 1 June 2008, |
| --- | --- |

—

including new or revised test methods which are currently not incorporated in Annex V of Directive 67/548/EEC but were to be included in Annex V as part of the 30th Adaptation to Technical Progress, by 1 June 2008,

| B. | whereas the draft Commission Regulation is of particular importance also for legislation on other sectors, such as cosmetics (4) and pesticides (5), since the acts relating to them refer to test methods included in chemicals legislation, |
| --- | --- |

B.

whereas the draft Commission Regulation is of particular importance also for legislation on other sectors, such as cosmetics (4) and pesticides (5), since the acts relating to them refer to test methods included in chemicals legislation,

| C. | whereas the total number of animals used for experimental and other scientific purposes in 2005 in the Member States was approximately 12 million (6) and a significant percentage of these animals were used for regulatory testing, |
| --- | --- |

C.

whereas the total number of animals used for experimental and other scientific purposes in 2005 in the Member States was approximately 12 million (6) and a significant percentage of these animals were used for regulatory testing,

| D. | whereas the protocol on protection and welfare of animals annexed to the Treaty of Amsterdam provides that in formulating and implementing the Community's agriculture, transport, internal market and research policies, the Community and the Member States shall pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage, |
| --- | --- |

D.

whereas the protocol on protection and welfare of animals annexed to the Treaty of Amsterdam provides that in formulating and implementing the Community's agriculture, transport, internal market and research policies, the Community and the Member States shall pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage,

| E. | whereas the REACH Regulation lays down that, in order to avoid animal testing, testing on vertebrate animals for the purposes of the Regulation shall be undertaken only as a last resort, and that, in particular for human toxicity, information shall be generated whenever possible by means other than vertebrate animal tests, through the use of alternative methods, for example in vitro methods or qualitative or quantitative structure-activity relationship models or from information from structurally related substances (grouping or read-across), |
| --- | --- |

E.

whereas the REACH Regulation lays down that, in order to avoid animal testing, testing on vertebrate animals for the purposes of the Regulation shall be undertaken only as a last resort, and that, in particular for human toxicity, information shall be generated whenever possible by means other than vertebrate animal tests, through the use of alternative methods, for example in vitro methods or qualitative or quantitative structure-activity relationship models or from information from structurally related substances (grouping or read-across),

| F. | whereas Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes (7) stipulates that an experiment on animals shall not be performed if another scientifically satisfactory method of obtaining the result sought, not entailing the use of an animal, is reasonably and practicably available and that, in a choice between experiments, those which use the minimum number of animals, involve animals with the lowest degree of neurophysiological sensitivity, cause the least pain, suffering, distress or lasting harm and are most likely to provide satisfactory results shall be selected, |
| --- | --- |

F.

whereas Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes (7) stipulates that an experiment on animals shall not be performed if another scientifically satisfactory method of obtaining the result sought, not entailing the use of an animal, is reasonably and practicably available and that, in a choice between experiments, those which use the minimum number of animals, involve animals with the lowest degree of neurophysiological sensitivity, cause the least pain, suffering, distress or lasting harm and are most likely to provide satisfactory results shall be selected,

| G. | whereas the European Centre for the Validation of Alternative Methods (ECVAM) validated a number of alternative methods in 2006/2007 (8) which are, however, not included in the draft Commission Regulation, |
| --- | --- |

G.

whereas the European Centre for the Validation of Alternative Methods (ECVAM) validated a number of alternative methods in 2006/2007 (8) which are, however, not included in the draft Commission Regulation,

| H. | whereas the draft Commission Regulation furthermore contains one animal testing method which is obsolete, as the same draft Regulation also contains an alternative method for the same endpoint, |
| --- | --- |

H.

whereas the draft Commission Regulation furthermore contains one animal testing method which is obsolete, as the same draft Regulation also contains an alternative method for the same endpoint,

| I. | whereas the Commission justifies the non-inclusion of the validated alternative tests by stating that they have not yet been approved for regulatory purposes, |
| --- | --- |

I.

whereas the Commission justifies the non-inclusion of the validated alternative tests by stating that they have not yet been approved for regulatory purposes,

| J. | whereas the Commission defers to the OECD with regard to the regulatory acceptance procedure for three of the five tests, |
| --- | --- |

J.

whereas the Commission defers to the OECD with regard to the regulatory acceptance procedure for three of the five tests,

| K. | whereas the development and publication of an OECD Test Guideline (TG) generally takes a minimum of 3 years, as the relevant institutional bodies meet only once a year, and OECD TGs are not always implemented in the same manner by all OECD Member States, |
| --- | --- |

K.

whereas the development and publication of an OECD Test Guideline (TG) generally takes a minimum of 3 years, as the relevant institutional bodies meet only once a year, and OECD TGs are not always implemented in the same manner by all OECD Member States,

| L. | whereas the Commission has made it clear that it always tries to proceed first within the OECD framework; whereas this is contrary to EU legislation and the spirit of the cosmetics Directive 76/768/EEC, which gives priority to the EU process, |
| --- | --- |

L.

whereas the Commission has made it clear that it always tries to proceed first within the OECD framework; whereas this is contrary to EU legislation and the spirit of the cosmetics Directive 76/768/EEC, which gives priority to the EU process,

| M. | whereas the predetermined priority for the OECD process of regulatory approval entails at best lengthy delays, and may even prevent an alternative method from being put into practice, |
| --- | --- |

M.

whereas the predetermined priority for the OECD process of regulatory approval entails at best lengthy delays, and may even prevent an alternative method from being put into practice,

| N. | whereas there do not seem to be sufficient rules for an efficient preliminary analysis of regulatory relevance before ECVAM scientifically validates an alternative test, |
| --- | --- |

N.

whereas there do not seem to be sufficient rules for an efficient preliminary analysis of regulatory relevance before ECVAM scientifically validates an alternative test,

| O. | whereas the basic concepts of validation and legal acceptance are not used in a uniform manner at national, Community and international level and EU legislation does not provide any definition of ‘validation’ (or criteria for validators) or ‘regulatory (or legal) acceptance’ (9), |
| --- | --- |

O.

whereas the basic concepts of validation and legal acceptance are not used in a uniform manner at national, Community and international level and EU legislation does not provide any definition of ‘validation’ (or criteria for validators) or ‘regulatory (or legal) acceptance’ (9),

| P. | whereas Commission Communication SEC(1991)1794 provides ECVAM only with a relatively weak mandate to validate alternative methods, although ECVAM has delivered highly appreciated and valuable output in recent years, |
| --- | --- |

P.

whereas Commission Communication SEC(1991)1794 provides ECVAM only with a relatively weak mandate to validate alternative methods, although ECVAM has delivered highly appreciated and valuable output in recent years,

| Q. | whereas validation is also carried out by other national and international bodies and, therefore, the need for formal validation and a type of validation/assessment appropriate for each sector/purpose should be assessed and clarified (10), |
| --- | --- |

Q.

whereas validation is also carried out by other national and international bodies and, therefore, the need for formal validation and a type of validation/assessment appropriate for each sector/purpose should be assessed and clarified (10),

| R. | whereas the internal regulatory acceptance procedure in the European Chemicals Bureau (ECB) after validation by ECVAM and before launching the procedure for possible inclusion of a test method in legislation seems to be inappropriate, |
| --- | --- |

R.

whereas the internal regulatory acceptance procedure in the European Chemicals Bureau (ECB) after validation by ECVAM and before launching the procedure for possible inclusion of a test method in legislation seems to be inappropriate,

| S. | whereas the conditions by which potentially far-reaching decisions under this procedure, such as questioning scientific validation by ECVAM or transferring validation and regulatory acceptance to the OECD level, are taken should be decided case by case in a transparent and accountable manner at political level, |
| --- | --- |

S.

whereas the conditions by which potentially far-reaching decisions under this procedure, such as questioning scientific validation by ECVAM or transferring validation and regulatory acceptance to the OECD level, are taken should be decided case by case in a transparent and accountable manner at political level,

| T. | whereas it is not acceptable that timely inclusion of new alternative methods validated by ECVAM in the draft Commission Regulation is not yet possible due to delays brought about by the opaque, slow, cumbersome and partly inappropriate procedures for the regulatory acceptance of validated alternative methods to animal testing, |
| --- | --- |

T.

whereas it is not acceptable that timely inclusion of new alternative methods validated by ECVAM in the draft Commission Regulation is not yet possible due to delays brought about by the opaque, slow, cumbersome and partly inappropriate procedures for the regulatory acceptance of validated alternative methods to animal testing,

| U. | whereas the problems identified in the area of chemicals legislation concerning validation and regulatory acceptance of alternative test methods might have an even larger dimension when other industrial sectors are taken into account, |
| --- | --- |

U.

whereas the problems identified in the area of chemicals legislation concerning validation and regulatory acceptance of alternative test methods might have an even larger dimension when other industrial sectors are taken into account,

| 1. | Refrains from opposing the adoption of the draft Commission Regulation in the light of the formal commitment received from the Commission in its letter of 5 May 2008 to make the following arrangements to streamline and speed up the Commission's internal procedures for the validation and regulatory acceptance of new alternative test methods:






  — | the Commission will introduce a ‘preliminary analysis of regulatory relevance’ in all cases to ensure that subsequent scientific validation focuses on test methods that have the best potential to be considered suitable for clearly identified regulatory purposes; |
| --- | --- | --- |

1.

Refrains from opposing the adoption of the draft Commission Regulation in the light of the formal commitment received from the Commission in its letter of 5 May 2008 to make the following arrangements to streamline and speed up the Commission's internal procedures for the validation and regulatory acceptance of new alternative test methods:

—

the Commission will introduce a ‘preliminary analysis of regulatory relevance’ in all cases to ensure that subsequent scientific validation focuses on test methods that have the best potential to be considered suitable for clearly identified regulatory purposes;

| — | the Commission will reduce the number of steps and establish new and clear deadlines to streamline and accelerate the current process, insofar as the role of advisory committees and consultation with Member States is concerned; |
| --- | --- |

—

the Commission will reduce the number of steps and establish new and clear deadlines to streamline and accelerate the current process, insofar as the role of advisory committees and consultation with Member States is concerned;

| — | all important procedural decisions to be taken by the Commission will be taken at Director-General level; |
| --- | --- |

—

all important procedural decisions to be taken by the Commission will be taken at Director-General level;

| — | the current reorganisation of the JRC Institute for Health and Consumer Protection (IHCP) will make an important contribution to accelerating the on-going efforts to advance alternative methods, including their validation, via ECVAM. This will involve reinforcement of ECVAM's work through support by other IHCP teams. The IHCP is also developing an integrated testing strategy which will leverage the synergies of many complementary activities within the IHCP and allow a more holistic and effective approach to the question of risk assessment, which is central to the regulatory process, thus avoiding unnecessary internal transmission delays. The integrated testing team will, in 2009, consist of about 85 staff members (including the present 62 ECVAM staff members). As part of its contribution to streamlining the process from scientific validation to regulatory acceptance, IHCP will ensure close and consistent follow-up of the regulatory acceptance process both within the Commission and at the level of the OECD; |
| --- | --- |

—

the current reorganisation of the JRC Institute for Health and Consumer Protection (IHCP) will make an important contribution to accelerating the on-going efforts to advance alternative methods, including their validation, via ECVAM. This will involve reinforcement of ECVAM's work through support by other IHCP teams. The IHCP is also developing an integrated testing strategy which will leverage the synergies of many complementary activities within the IHCP and allow a more holistic and effective approach to the question of risk assessment, which is central to the regulatory process, thus avoiding unnecessary internal transmission delays. The integrated testing team will, in 2009, consist of about 85 staff members (including the present 62 ECVAM staff members). As part of its contribution to streamlining the process from scientific validation to regulatory acceptance, IHCP will ensure close and consistent follow-up of the regulatory acceptance process both within the Commission and at the level of the OECD;

| — | the revised process will be more transparent. The procedures for regulatory acceptance of new test methods will be published on the Commission's website once the current review is formalised. The current status of proposed alternative methods will be posted on a specific website to be set up by the JRC allowing interested parties to track progress; the information will be regularly updated. This will happen from the moment any proposed new alternative method undergoes a preliminary regulatory analysis. The website will also include an indication of decisions not to proceed with a particular test method and the reasons why such decisions are taken; |
| --- | --- |

—

the revised process will be more transparent. The procedures for regulatory acceptance of new test methods will be published on the Commission's website once the current review is formalised. The current status of proposed alternative methods will be posted on a specific website to be set up by the JRC allowing interested parties to track progress; the information will be regularly updated. This will happen from the moment any proposed new alternative method undergoes a preliminary regulatory analysis. The website will also include an indication of decisions not to proceed with a particular test method and the reasons why such decisions are taken;

| — | the Commission will ensure that stakeholders have the opportunity to intervene, as observers, in Competent Authorities' meetings and in Committees of the European Chemicals Agency (for industrial chemicals) when matters relating to validation of non-animal tests are concerned; |
| --- | --- |

—

the Commission will ensure that stakeholders have the opportunity to intervene, as observers, in Competent Authorities' meetings and in Committees of the European Chemicals Agency (for industrial chemicals) when matters relating to validation of non-animal tests are concerned;

| — | in line with Article 13(2) of the REACH Regulation, the Commission will provide for a more transparent process involving consultation of stakeholders in the run-up to any proposal for an Adaptation to Technical Progress of the Test Methods Regulation; |
| --- | --- |

—

in line with Article 13(2) of the REACH Regulation, the Commission will provide for a more transparent process involving consultation of stakeholders in the run-up to any proposal for an Adaptation to Technical Progress of the Test Methods Regulation;

| — | the Commission will make the necessary resources available to ensure that real improvements are achieved, in particular by inviting applications from qualified staff with the relevant expertise to be seconded to the OECD Test Guidelines Programme (TGP) in the near future. It will look into possibilities of providing financial support to the OECD TGP Secretariat, concentrating specifically on regulatory acceptance of alternative test methods; |
| --- | --- |

—

the Commission will make the necessary resources available to ensure that real improvements are achieved, in particular by inviting applications from qualified staff with the relevant expertise to be seconded to the OECD Test Guidelines Programme (TGP) in the near future. It will look into possibilities of providing financial support to the OECD TGP Secretariat, concentrating specifically on regulatory acceptance of alternative test methods;

| — | the Commission will monitor the OECD process closely in each individual case to make sure that following this route does not entail undue delays. This will include systematic stocktaking of the progress of each alternative method at regular intervals. Any unreasonable delays in relation to a particular method will result in the Commission launching the EU process for regulatory approval for the method in question; |
| --- | --- |

—

the Commission will monitor the OECD process closely in each individual case to make sure that following this route does not entail undue delays. This will include systematic stocktaking of the progress of each alternative method at regular intervals. Any unreasonable delays in relation to a particular method will result in the Commission launching the EU process for regulatory approval for the method in question;

| 2. | Understands that the streamlining and acceleration of the internal procedures apply to the entire process from validation to regulatory acceptance with no gaps; |
| --- | --- |

2.

Understands that the streamlining and acceleration of the internal procedures apply to the entire process from validation to regulatory acceptance with no gaps;

| 3. | Calls on the Commission to ensure full stakeholder participation throughout the process from validation to regulatory approval; |
| --- | --- |

3.

Calls on the Commission to ensure full stakeholder participation throughout the process from validation to regulatory approval;

| 4. | Urges the Commission to come forward with a proposal for the first adaptation to technical progress of the Regulation by the end of 2008 as the litmus test for the implementation of the commitments indicated in paragraph 1; |
| --- | --- |

4.

Urges the Commission to come forward with a proposal for the first adaptation to technical progress of the Regulation by the end of 2008 as the litmus test for the implementation of the commitments indicated in paragraph 1;

| 5. | Calls on the Commission to report to Parliament by the end of 2008 on the implementation of those commitments; |
| --- | --- |

5.

Calls on the Commission to report to Parliament by the end of 2008 on the implementation of those commitments;

| 6. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

6.

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

---

(1)  OJ L 396, 30.12.2006, p. 1. Corrected in OJ L 136, 29.5.2007, p. 3. Regulation as amended by Council Regulation (EC) No 1354/2007 (OJ L 304, 22.11.2007, p. 1).

(2)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(3)  (OJ 196, 16.8.1967, p. 1). Directive as last amended by Directive 2006/121/EC of the European Parliament and of the Council (OJ L 396, 30.12.2006, p. 850).

(4)  Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (OJ L 262, 27.9.1976, p. 169). Directive as last amended by Commission Directive 2008/42/EC (OJ L 93, 4.4.2008, p. 13).

(5)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1). Directive as last amended by Commission Directive 2008/45/EC (OJ L 94, 5.4.2008, p. 21).

(6)  Commission's fifth Report on the Statistics on the Number of Animals used for Experimental and other Scientific Purposes in the Member States of the European Union, COM(2007)0675.

(7)  OJ L 358, 18.12.1986, p. 1. Directive as amended by Directive 2003/65/EC of the European Parliament and of the Council (OJ L 230, 16.9.2003, p. 32).

(8)  EpiDERM and EPISKIN (ECVAM/ESAC statement on 27 April 2007), Reduced Local Lymph Node Assay (ECVAM/ESAC statement of 27 April 2007), Bovine Corneal Opacity and Permeability (BCOP) and Isolated Chicken Eye (ICE) Tests (ECVAM/ESAC statement of 27 April 2007), Acute Toxicity for Fish (ECVAM/ESAC statement of 21 March 2006).

(9)  European Partnership for Alternative Approaches to Animal Testing, First Annual Progress Report, December 2006, p. 19, http://ec.europa.eu/enterprise/epaa/conf_2006.htm

(10)  European Partnership for Alternative Approaches to Animal Testing, First Annual Progress Report, December 2006, p. 19, http://ec.europa.eu/enterprise/epaa/conf_2006.htm

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/89 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/89

---

Animal health strategy 2007-2013

P6_TA(2008)0235

European Parliament resolution of 22 May 2008 on a new animal health strategy for the European Union 2007-2013 (2007/2260(INI))

(2009/C 279 E/20)

The European Parliament,

| — | having regard to the Commission Communication on a new Animal Health Strategy for the European Union (2007-2013) (COM(2007)0539) (‘Animal Health Strategy Communication’), according to which ‘Prevention is better than cure’, and the Commission staff working documents (impact assessment and summary of the impact assessment) accompanying that communication (SEC(2007)1189 and SEC(2007)1190), |
| --- | --- |

—

having regard to the Commission Communication on a new Animal Health Strategy for the European Union (2007-2013) (COM(2007)0539) (‘Animal Health Strategy Communication’), according to which ‘Prevention is better than cure’, and the Commission staff working documents (impact assessment and summary of the impact assessment) accompanying that communication (SEC(2007)1189 and SEC(2007)1190),

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on International Trade (A6-0147/2008), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on International Trade (A6-0147/2008),

| A. | whereas animal health is closely linked to human health, owing to the possibility of direct or indirect transmission of certain diseases, |
| --- | --- |

A.

whereas animal health is closely linked to human health, owing to the possibility of direct or indirect transmission of certain diseases,

| B. | whereas animal health is important in economic terms because animal diseases lower animal production and lead to animal death, culling and consequential economic loss, |
| --- | --- |

B.

whereas animal health is important in economic terms because animal diseases lower animal production and lead to animal death, culling and consequential economic loss,

| C. | whereas animals are living, sentient beings and their protection and correct treatment is one of the challenges for a cultured and civilised 21st Century Europe, |
| --- | --- |

C.

whereas animals are living, sentient beings and their protection and correct treatment is one of the challenges for a cultured and civilised 21st Century Europe,

| D. | whereas major outbreaks of animal disease can often result in social dislocation and social problems in rural areas, |
| --- | --- |

D.

whereas major outbreaks of animal disease can often result in social dislocation and social problems in rural areas,

| E. | whereas animal welfare is one factor, but not the only one, which contributes to animal health and is justified on ethical, social, moral and economic grounds, and must be based on solid scientific foundations, |
| --- | --- |

E.

whereas animal welfare is one factor, but not the only one, which contributes to animal health and is justified on ethical, social, moral and economic grounds, and must be based on solid scientific foundations,

| F. | whereas trade is becoming increasingly globalised and the trade in animal products is on the increase, both within the EU and internationally, |
| --- | --- |

F.

whereas trade is becoming increasingly globalised and the trade in animal products is on the increase, both within the EU and internationally,

| G. | whereas there is a need for coordinated cooperation on animal health issues at EU and global level, |
| --- | --- |

G.

whereas there is a need for coordinated cooperation on animal health issues at EU and global level,

| H. | whereas the effectiveness of action on animal health depends not only on the administrative measures taken but also on informed and committed cooperation between all stakeholders, |
| --- | --- |

H.

whereas the effectiveness of action on animal health depends not only on the administrative measures taken but also on informed and committed cooperation between all stakeholders,

| I. | whereas the best means of combating animal diseases is to prevent them from occurring in the first place, in accordance with the principles that ‘prevention is better than cure’ and ‘vaccination is better than unnecessary culling’, |
| --- | --- |

I.

whereas the best means of combating animal diseases is to prevent them from occurring in the first place, in accordance with the principles that ‘prevention is better than cure’ and ‘vaccination is better than unnecessary culling’,

| J. | whereas there is no difference between the quality of products derived from (emergency) vaccinated animals and products derived from unvaccinated animals, but markets in and outside the EU may not accept products derived from (emergency) vaccinated animals and livestock farmers, and other operators need sufficient guarantees that markets would be ready to receive those products without price cuts, |
| --- | --- |

J.

whereas there is no difference between the quality of products derived from (emergency) vaccinated animals and products derived from unvaccinated animals, but markets in and outside the EU may not accept products derived from (emergency) vaccinated animals and livestock farmers, and other operators need sufficient guarantees that markets would be ready to receive those products without price cuts,

| K. | whereas more open borders, increased global demand for food, global trade, global mobility of persons, global warming and illegal trade lead to increased animal health risks, |
| --- | --- |

K.

whereas more open borders, increased global demand for food, global trade, global mobility of persons, global warming and illegal trade lead to increased animal health risks,

| 1. | Welcomes the development of a strategic approach to EU animal health policy and supports the overall aims, objectives and principles set out in the Animal Health Strategy Communication, which will enable the EU to reinforce its prevention mechanisms and preparedness in the face of the onset of new epizootic diseases; |
| --- | --- |

1.

Welcomes the development of a strategic approach to EU animal health policy and supports the overall aims, objectives and principles set out in the Animal Health Strategy Communication, which will enable the EU to reinforce its prevention mechanisms and preparedness in the face of the onset of new epizootic diseases;

| 2. | Invites the Commission to present an action plan, as envisaged in its Animal Health Strategy Communication; |
| --- | --- |

2.

Invites the Commission to present an action plan, as envisaged in its Animal Health Strategy Communication;

| 3. | Alerts the Council and the Commission to the fact that it is impossible to comply with the 2007-2013 time frame laid down in Animal Health Strategy Communication given that the discussions relating to the Communication are still on-going and the basic legislation required for its implementation will not be in place until 2010 at the earliest; |
| --- | --- |

3.

Alerts the Council and the Commission to the fact that it is impossible to comply with the 2007-2013 time frame laid down in Animal Health Strategy Communication given that the discussions relating to the Communication are still on-going and the basic legislation required for its implementation will not be in place until 2010 at the earliest;

| 4. | Calls, in this respect, for greater ambition and for a longer-term view from the Commission when bringing forward its legislative proposals, which will enable benefits to be derived from other discussions that will affect the EU's budgetary resources and political priorities in the future; |
| --- | --- |

4.

Calls, in this respect, for greater ambition and for a longer-term view from the Commission when bringing forward its legislative proposals, which will enable benefits to be derived from other discussions that will affect the EU's budgetary resources and political priorities in the future;

| 5. | Approves the expressed desire to build the new strategy/policy on a single legal framework for animal health in the EU that takes due account of the standards and guidelines of the World Organisation for Animal Health (OIE); |
| --- | --- |

5.

Approves the expressed desire to build the new strategy/policy on a single legal framework for animal health in the EU that takes due account of the standards and guidelines of the World Organisation for Animal Health (OIE);

| 6. | Stresses that farmers, breeders and owners play an essential role in monitoring, maintaining and promoting the health of farm animals, and in the prevention and detection of disease; |
| --- | --- |

6.

Stresses that farmers, breeders and owners play an essential role in monitoring, maintaining and promoting the health of farm animals, and in the prevention and detection of disease;

| 7. | Emphasises the importance of the role to be played by the veterinary and the live-stock breeding profession, which should be at the forefront of the development and delivery of specialised and proactive services such as animal health planning; expresses its concerns about veterinary coverage of certain rural areas in the EU; |
| --- | --- |

7.

Emphasises the importance of the role to be played by the veterinary and the live-stock breeding profession, which should be at the forefront of the development and delivery of specialised and proactive services such as animal health planning; expresses its concerns about veterinary coverage of certain rural areas in the EU;

| 8. | Emphasises, further, the role of humans in the spread of animal diseases as a result of increased mobility; |
| --- | --- |

8.

Emphasises, further, the role of humans in the spread of animal diseases as a result of increased mobility;

| 9. | Agrees with the animal health strategy objective of investing more in preventive measures and a control system, thereby reducing the likelihood of disease breaking out; agrees with the principle that ‘prevention is better than cure’; |
| --- | --- |

9.

Agrees with the animal health strategy objective of investing more in preventive measures and a control system, thereby reducing the likelihood of disease breaking out; agrees with the principle that ‘prevention is better than cure’;

| 10. | Underlines that there is no difference between goods produced from vaccinated animals and those produced from non-vaccinated animals; |
| --- | --- |

10.

Underlines that there is no difference between goods produced from vaccinated animals and those produced from non-vaccinated animals;

| 11. | Calls on the Commission and the Member States to ensure that products from vaccinated animals (protective vaccination) can be marketed throughout the EU; |
| --- | --- |

11.

Calls on the Commission and the Member States to ensure that products from vaccinated animals (protective vaccination) can be marketed throughout the EU;

| 12. | Calls on the Commission and the Member States to ensure the acceptance of products from vaccinated animals at international level; |
| --- | --- |

12.

Calls on the Commission and the Member States to ensure the acceptance of products from vaccinated animals at international level;

| 13. | Endorses the vision and purpose set out in the Animal Health Strategy Communication, under which ‘extensive stakeholder consultation’ and ‘a firm commitment to high standards of animal health’ will facilitate both the establishment of priorities consistent with the strategic goals and a review of what constitute acceptable and appropriate standards; |
| --- | --- |

13.

Endorses the vision and purpose set out in the Animal Health Strategy Communication, under which ‘extensive stakeholder consultation’ and ‘a firm commitment to high standards of animal health’ will facilitate both the establishment of priorities consistent with the strategic goals and a review of what constitute acceptable and appropriate standards;

| 14. | Welcomes the recognition in the Animal Health Strategy Communication of the crucial relationship between the health of animals and their welfare, and expects to see both matters interlinked in upcoming policy; |
| --- | --- |

14.

Welcomes the recognition in the Animal Health Strategy Communication of the crucial relationship between the health of animals and their welfare, and expects to see both matters interlinked in upcoming policy;

| 15. | Awaits with interest the outcome of the preparatory project on animal staging posts and the findings of a survey that will cover the needs and necessary means to improve animal health during transport and stays at control posts; |
| --- | --- |

15.

Awaits with interest the outcome of the preparatory project on animal staging posts and the findings of a survey that will cover the needs and necessary means to improve animal health during transport and stays at control posts;

| 16. | Welcomes the fact that the strategy covers the health of all animals in the EU so that feral pets, which are not expressly referred to, are also covered if there is a risk that they may transmit diseases to other animals or to humans; |
| --- | --- |

16.

Welcomes the fact that the strategy covers the health of all animals in the EU so that feral pets, which are not expressly referred to, are also covered if there is a risk that they may transmit diseases to other animals or to humans;

| 17. | Welcomes the Commission's intention to adopt a communication strategy on risk managed by stakeholders and consumers; points out that although Europe's livestock production is safer than ever and subject to rigorous checks, the public's perception of the sector is far from satisfactory, which, in the case of some recent crises, has already created problems for the market owing to a loss of confidence; |
| --- | --- |

17.

Welcomes the Commission's intention to adopt a communication strategy on risk managed by stakeholders and consumers; points out that although Europe's livestock production is safer than ever and subject to rigorous checks, the public's perception of the sector is far from satisfactory, which, in the case of some recent crises, has already created problems for the market owing to a loss of confidence;

| 18. | Endorses the target population identified and addressed in the Animal Health Strategy Communication: animal owners, members of the veterinary profession, food chain businesses, animal health industries, animal interest groups, researchers and teachers, governing bodies of sport and recreational organisations, educational facilities, consumers, travellers, competent authorities of the Member States and the EU institutions, and considers it necessary to include representatives of the live-stock engineering profession; |
| --- | --- |

18.

Endorses the target population identified and addressed in the Animal Health Strategy Communication: animal owners, members of the veterinary profession, food chain businesses, animal health industries, animal interest groups, researchers and teachers, governing bodies of sport and recreational organisations, educational facilities, consumers, travellers, competent authorities of the Member States and the EU institutions, and considers it necessary to include representatives of the live-stock engineering profession;

| 19. | Points out that the animal health strategy should also cover the activities of abattoirs, animal transport businesses and animal feed manufacturers and suppliers, while taking account of the need for administrative simplification; |
| --- | --- |

19.

Points out that the animal health strategy should also cover the activities of abattoirs, animal transport businesses and animal feed manufacturers and suppliers, while taking account of the need for administrative simplification;

| 20. | Points out that the animal health strategy, with its preventive approach, should develop the necessary legal and financial measures both to monitor pets and stray animals and to prevent the spread of zoonotic diseases and animal health problems; in particular, the strategy should include vaccination programmes and other preventive measures in connection with diseases transmitted by stray dogs and cats, especially where no vaccination is currently possible; urges the Commission to assess the possible economic and social consequences of the spread of zoonotic diseases and the mobility of people and their pets; |
| --- | --- |

20.

Points out that the animal health strategy, with its preventive approach, should develop the necessary legal and financial measures both to monitor pets and stray animals and to prevent the spread of zoonotic diseases and animal health problems; in particular, the strategy should include vaccination programmes and other preventive measures in connection with diseases transmitted by stray dogs and cats, especially where no vaccination is currently possible; urges the Commission to assess the possible economic and social consequences of the spread of zoonotic diseases and the mobility of people and their pets;

| 21. | Points out that the proposed strategy can produce positive results if clear and transparent arrangements are laid down for the funding of the individual measures, something that the Animal Health Strategy Communication fails to do; criticises the Commission for making no reference to the funding requirements for its policy in the abovementioned Communication; |
| --- | --- |

21.

Points out that the proposed strategy can produce positive results if clear and transparent arrangements are laid down for the funding of the individual measures, something that the Animal Health Strategy Communication fails to do; criticises the Commission for making no reference to the funding requirements for its policy in the abovementioned Communication;

| 22. | Underlines, with a view to ensuring a level playing field, the need to clarify the role of the EU, the Member States and the agricultural sector in financing animal health measures, such as ensuring biological security on farms, vaccination programmes, scientific research and higher animal welfare standards, and calls on the Commission to clarify those issues in its animal health strategy; |
| --- | --- |

22.

Underlines, with a view to ensuring a level playing field, the need to clarify the role of the EU, the Member States and the agricultural sector in financing animal health measures, such as ensuring biological security on farms, vaccination programmes, scientific research and higher animal welfare standards, and calls on the Commission to clarify those issues in its animal health strategy;

| 23. | Draws attention to the fact that the common animal health policy is one of the most integrated EU policies and that most of its funding should be covered by the Community budget, which should not preclude the financial responsibility of the Member States and of farmers; |
| --- | --- |

23.

Draws attention to the fact that the common animal health policy is one of the most integrated EU policies and that most of its funding should be covered by the Community budget, which should not preclude the financial responsibility of the Member States and of farmers;

| 24. | Acknowledges that markets inside and outside the EU are nonetheless not always willing to import vaccinated and protected meat; stresses that livestock farmers and other market operators require guarantees that they will be able to sell their products without price reductions; regards this as a crucial issue which the Community must resolve quickly in order to guarantee the free movement of goods; |
| --- | --- |

24.

Acknowledges that markets inside and outside the EU are nonetheless not always willing to import vaccinated and protected meat; stresses that livestock farmers and other market operators require guarantees that they will be able to sell their products without price reductions; regards this as a crucial issue which the Community must resolve quickly in order to guarantee the free movement of goods;

| 25. | Points to the growing problem of bacterial resistance to antibiotics in several animal farming sectors, which can also lead to problems in respect of public health; urges the Commission, therefore, to present an analysis regarding this problem, where necessary accompanied by proposals within the framework of the animal health strategy; |
| --- | --- |

25.

Points to the growing problem of bacterial resistance to antibiotics in several animal farming sectors, which can also lead to problems in respect of public health; urges the Commission, therefore, to present an analysis regarding this problem, where necessary accompanied by proposals within the framework of the animal health strategy;

| 26. | Voices its dissatisfaction at the indications that individual measures will be financed from existing funds, and calls on the Commission to advocate enhancing the possibilities of the current veterinary fund, preparing its arguments for the budget discussions that will be launched in 2009; |
| --- | --- |

26.

Voices its dissatisfaction at the indications that individual measures will be financed from existing funds, and calls on the Commission to advocate enhancing the possibilities of the current veterinary fund, preparing its arguments for the budget discussions that will be launched in 2009;

| 27. | Points to the importance of EU-wide coordination of animal health measures and calls on the Commission to play a more active coordinating role than it has done hitherto; |
| --- | --- |

27.

Points to the importance of EU-wide coordination of animal health measures and calls on the Commission to play a more active coordinating role than it has done hitherto;

| 28. | Draws attention to growing animal health risks as a consequence of increasing global mobility, rising demand for food, growing international trade and climate change, and underlines the need for an adequate emergency vaccination strategy for both existing and emerging diseases; |
| --- | --- |

28.

Draws attention to growing animal health risks as a consequence of increasing global mobility, rising demand for food, growing international trade and climate change, and underlines the need for an adequate emergency vaccination strategy for both existing and emerging diseases;

Pillar 1 — Prioritisation of EU intervention

| 29. | Acknowledges the crucial importance of risk profiling and categorisation, including the determination of an acceptable level of risk for the Community and of the relative priority for action to reduce the risk; believes that efforts must be made to define clearly the situations in which the risk of disease is heightened and exceeds the acceptable level, as well as the consequences thereof; |
| --- | --- |

29.

Acknowledges the crucial importance of risk profiling and categorisation, including the determination of an acceptable level of risk for the Community and of the relative priority for action to reduce the risk; believes that efforts must be made to define clearly the situations in which the risk of disease is heightened and exceeds the acceptable level, as well as the consequences thereof;

| 30. | Points out that high stocking densities in intensive farming systems may increase the risk of disease spread and hamper disease control where inadequate disease control measures are in place, and that the same could happen in other farming systems if disease control measures are not well implemented; |
| --- | --- |

30.

Points out that high stocking densities in intensive farming systems may increase the risk of disease spread and hamper disease control where inadequate disease control measures are in place, and that the same could happen in other farming systems if disease control measures are not well implemented;

| 31. | Points to the importance, in terms of controlling epidemic diseases, of the distance between farms; |
| --- | --- |

31.

Points to the importance, in terms of controlling epidemic diseases, of the distance between farms;

| 32. | Acknowledges that the EU has in place strict regulations on animal transport, which meet the need for high animal welfare standards and disease prevention and control measures; urges that those high standards be fully implemented by all Member States; believes that the standards should be met by countries exporting animal products to the EU in order to promote and ensure high standards of animal welfare and health globally; points to the potentially heightened risks involved in the long-distance transport of live animals, which has the potential to spread disease and which hampers disease control where inadequate disease prevention measures are in place; is therefore of the opinion that sanitary and animal welfare rules concerning the transport of live animals should be intensely controlled and tightened if deemed necessary; calls for the swift introduction of an integrated electronic European animal registration system, including GPS tracking of lorries; believes that the quality of transport is more important than its duration for animal welfare; |
| --- | --- |

32.

Acknowledges that the EU has in place strict regulations on animal transport, which meet the need for high animal welfare standards and disease prevention and control measures; urges that those high standards be fully implemented by all Member States; believes that the standards should be met by countries exporting animal products to the EU in order to promote and ensure high standards of animal welfare and health globally; points to the potentially heightened risks involved in the long-distance transport of live animals, which has the potential to spread disease and which hampers disease control where inadequate disease prevention measures are in place; is therefore of the opinion that sanitary and animal welfare rules concerning the transport of live animals should be intensely controlled and tightened if deemed necessary; calls for the swift introduction of an integrated electronic European animal registration system, including GPS tracking of lorries; believes that the quality of transport is more important than its duration for animal welfare;

| 33. | Believes that it is also necessary to take into consideration the fact that globalisation, climate change and the movement of people are factors favouring the spread of animal diseases, which makes controlling them more difficult; |
| --- | --- |

33.

Believes that it is also necessary to take into consideration the fact that globalisation, climate change and the movement of people are factors favouring the spread of animal diseases, which makes controlling them more difficult;

| 34. | Stresses the need for a coherent communication strategy in regard to the new animal health strategy, which should involve close cooperation among all stakeholder organisations at EU, national and local level; |
| --- | --- |

34.

Stresses the need for a coherent communication strategy in regard to the new animal health strategy, which should involve close cooperation among all stakeholder organisations at EU, national and local level;

Pillar 2 — EU legal framework

| 35. | Shares the view that the current EU animal health framework is complicated and fragmented and needs to be simplified; takes the view that the fundamental rules governing action on animal health should, where possible, be set out in a single legislative act; |
| --- | --- |

35.

Shares the view that the current EU animal health framework is complicated and fragmented and needs to be simplified; takes the view that the fundamental rules governing action on animal health should, where possible, be set out in a single legislative act;

| 36. | Stresses, furthermore, that the replacement of the current set of inter-linked and inter-dependent policy measures with a single legal framework that takes particular account of the recommendations, standards and guidelines of the OIE and the World Health Organization/Food and Agriculture Organization Codex Alimentarius (the ‘Codex’) should be a central plank of the strategy, without disregarding European rules such as transparency and the involvement of all stakeholders and while avoiding any deterioration in health status in the EU; |
| --- | --- |

36.

Stresses, furthermore, that the replacement of the current set of inter-linked and inter-dependent policy measures with a single legal framework that takes particular account of the recommendations, standards and guidelines of the OIE and the World Health Organization/Food and Agriculture Organization Codex Alimentarius (the ‘Codex’) should be a central plank of the strategy, without disregarding European rules such as transparency and the involvement of all stakeholders and while avoiding any deterioration in health status in the EU;

| 37. | Agrees that there is a need to ensure that unjustified national or regional animal health rules do not constitute an obstacle to the functioning of the internal market, and, in particular, that the resources deployed in response to the outbreak of disease are proportional to the threat posed and are not used for unjustified trade discrimination purposes, especially with regard to products derived from vaccinated animals; |
| --- | --- |

37.

Agrees that there is a need to ensure that unjustified national or regional animal health rules do not constitute an obstacle to the functioning of the internal market, and, in particular, that the resources deployed in response to the outbreak of disease are proportional to the threat posed and are not used for unjustified trade discrimination purposes, especially with regard to products derived from vaccinated animals;

| 38. | Takes the view that the EU legal framework should clearly, and in an appropriately flexible manner, lay down the obligations of owners of animals, including animals kept for non-commercial purposes, in risk situations, in such a way as not to give rise to unwarranted conflicts and disputes; believes that curbing diseases among wild animals is also a significant element of the preventive strategy; |
| --- | --- |

38.

Takes the view that the EU legal framework should clearly, and in an appropriately flexible manner, lay down the obligations of owners of animals, including animals kept for non-commercial purposes, in risk situations, in such a way as not to give rise to unwarranted conflicts and disputes; believes that curbing diseases among wild animals is also a significant element of the preventive strategy;

| 39. | Agrees with the conclusions of the pre-feasibility study of 25 July 2006 on options for harmonised cost-sharing schemes for epidemic livestock diseases conducted by Civic Consulting in the context of the evaluation of the Community Animal Health Policy (CAHP) 1995-2004 and alternatives for the future, prepared on behalf of the Commission and as part of the pilot project on the financing of contagious animal diseases launched by Parliament in the 2004 budget, which called for the harmonisation of the cost-sharing systems established by Member States; notes, furthermore, that since cost sharing goes hand-in-hand with the sharing of responsibility, such systems require the full participation and commitment of all parties, including animal owners, and that new mechanisms should be introduced to involve stakeholders in decision-making regarding significant policy issues; |
| --- | --- |

39.

Agrees with the conclusions of the pre-feasibility study of 25 July 2006 on options for harmonised cost-sharing schemes for epidemic livestock diseases conducted by Civic Consulting in the context of the evaluation of the Community Animal Health Policy (CAHP) 1995-2004 and alternatives for the future, prepared on behalf of the Commission and as part of the pilot project on the financing of contagious animal diseases launched by Parliament in the 2004 budget, which called for the harmonisation of the cost-sharing systems established by Member States; notes, furthermore, that since cost sharing goes hand-in-hand with the sharing of responsibility, such systems require the full participation and commitment of all parties, including animal owners, and that new mechanisms should be introduced to involve stakeholders in decision-making regarding significant policy issues;

| 40. | Acknowledges the need to revise the current co-financing instrument, so that it is possible to ensure that all players assume their responsibilities and play a part in detecting and eradicating disease, and to prevent distortions of competition between farmers in different Member States; calls for the categorisation of animal diseases in the framework of future co-financing arrangements on the basis of the nature of the combat measures to be applied, risks to public health and other external effects; notes that compensation funds for animal owners based on a reserve system strengthen individual and shared responsibility; |
| --- | --- |

40.

Acknowledges the need to revise the current co-financing instrument, so that it is possible to ensure that all players assume their responsibilities and play a part in detecting and eradicating disease, and to prevent distortions of competition between farmers in different Member States; calls for the categorisation of animal diseases in the framework of future co-financing arrangements on the basis of the nature of the combat measures to be applied, risks to public health and other external effects; notes that compensation funds for animal owners based on a reserve system strengthen individual and shared responsibility;

| 41. | Fully shares the view that the compensation system should not be limited to providing compensation to owners of animals that are culled in response to the outbreak of disease, but should be combined with risk-prevention incentives based on a reduction in contributions to national or regional animal health funds by farmers who take extra risk reducing measures and promoting the use of (emergency) vaccination instead of stamping out, acknowledging that this would constitute an income guarantee for the owner of the (emergency) vaccinated livestock; takes the view that the same principle should also apply to Member States, as an incentive to reduce risk levels; |
| --- | --- |

41.

Fully shares the view that the compensation system should not be limited to providing compensation to owners of animals that are culled in response to the outbreak of disease, but should be combined with risk-prevention incentives based on a reduction in contributions to national or regional animal health funds by farmers who take extra risk reducing measures and promoting the use of (emergency) vaccination instead of stamping out, acknowledging that this would constitute an income guarantee for the owner of the (emergency) vaccinated livestock; takes the view that the same principle should also apply to Member States, as an incentive to reduce risk levels;

| 42. | Acknowledges, in view of the tight situation on the global market for animal feed, that European farmers have an urgent need of high quality, safe protein feed — in addition to fishmeal — at an affordable cost; at the same time, stresses the importance of the consistent application of the precautionary principle with respect to the reintroduction of animal protein into feed — other than for ruminants — and thus into the food chain, in line with the rationale behind the new animal health strategy that ‘prevention is better than cure’; points out therefore the need for greater efforts to introduce effective control and monitoring mechanisms on the elimination of all pathogens during manufacture, to ensure traceability and to avoid the contamination and mixing of types of animal meal in imported feed or feed produced in the Member States; |
| --- | --- |

42.

Acknowledges, in view of the tight situation on the global market for animal feed, that European farmers have an urgent need of high quality, safe protein feed — in addition to fishmeal — at an affordable cost; at the same time, stresses the importance of the consistent application of the precautionary principle with respect to the reintroduction of animal protein into feed — other than for ruminants — and thus into the food chain, in line with the rationale behind the new animal health strategy that ‘prevention is better than cure’; points out therefore the need for greater efforts to introduce effective control and monitoring mechanisms on the elimination of all pathogens during manufacture, to ensure traceability and to avoid the contamination and mixing of types of animal meal in imported feed or feed produced in the Member States;

| 43. | Calls on the Commission to carry out a comparative analysis of existing compensation systems in the Member States and on that basis to draw up an EU-wide framework model; calls on the Commission further to create a legal framework for an efficient cost-sharing scheme in the Member States in order to ensure that the direct costs for eradicating an animal disease are also co-financed by the sector; |
| --- | --- |

43.

Calls on the Commission to carry out a comparative analysis of existing compensation systems in the Member States and on that basis to draw up an EU-wide framework model; calls on the Commission further to create a legal framework for an efficient cost-sharing scheme in the Member States in order to ensure that the direct costs for eradicating an animal disease are also co-financed by the sector;

| 44. | Points out the need for a substantial Community contribution in respect of major diseases in order to ensure equal treatment and opportunities where these are beyond the resources of the countries and producers concerned; |
| --- | --- |

44.

Points out the need for a substantial Community contribution in respect of major diseases in order to ensure equal treatment and opportunities where these are beyond the resources of the countries and producers concerned;

| 45. | Welcomes the Commission's undertaking to submit a report setting out the possibilities for an effective system of financial guarantees for feed business operators; |
| --- | --- |

45.

Welcomes the Commission's undertaking to submit a report setting out the possibilities for an effective system of financial guarantees for feed business operators;

| 46. | Agrees that provision should be made in the EU legal framework for support for the possibility of covering indirect losses not resulting from disease-eradication measures alone; points out that indirect losses can, in some cases, be more severe than direct losses, and that provision should therefore be made for compensation for those losses; expresses its support, therefore, for more research into and Community support for the establishment of national insurance instruments by livestock farmers; notes, however, that private insurance might be a more efficient instrument for dealing with such losses in certain cases; |
| --- | --- |

46.

Agrees that provision should be made in the EU legal framework for support for the possibility of covering indirect losses not resulting from disease-eradication measures alone; points out that indirect losses can, in some cases, be more severe than direct losses, and that provision should therefore be made for compensation for those losses; expresses its support, therefore, for more research into and Community support for the establishment of national insurance instruments by livestock farmers; notes, however, that private insurance might be a more efficient instrument for dealing with such losses in certain cases;

| 47. | Stresses that EU legislation is already based to a significant extent on compliance with OIE/Codex standards and that there is good reason to strive to comply fully with those standards and for the EU to promote its own animal health standards with a view to their adoption at international level; supports therefore, with a view to increasing the EU's negotiating power within the OIE, a possible EU membership of the OIE; stresses, furthermore, the importance of safeguarding the input of stakeholders at OIE/Codex level; |
| --- | --- |

47.

Stresses that EU legislation is already based to a significant extent on compliance with OIE/Codex standards and that there is good reason to strive to comply fully with those standards and for the EU to promote its own animal health standards with a view to their adoption at international level; supports therefore, with a view to increasing the EU's negotiating power within the OIE, a possible EU membership of the OIE; stresses, furthermore, the importance of safeguarding the input of stakeholders at OIE/Codex level;

| 48. | Urges the EU to defend its high animal health and welfare standards at international level within the World Trade Organization, in order to increase animal health and welfare standards globally; acknowledges that EU producers face higher costs due to the higher EU standards in place and that they must be protected from imported animal products whose production is subject to lower standards; |
| --- | --- |

48.

Urges the EU to defend its high animal health and welfare standards at international level within the World Trade Organization, in order to increase animal health and welfare standards globally; acknowledges that EU producers face higher costs due to the higher EU standards in place and that they must be protected from imported animal products whose production is subject to lower standards;

| 49. | Welcomes the proposed steps towards an export strategy at Community level and stresses that the Commission should make every effort to improve access to third-country markets and to remove export barriers; |
| --- | --- |

49.

Welcomes the proposed steps towards an export strategy at Community level and stresses that the Commission should make every effort to improve access to third-country markets and to remove export barriers;

Pillar 3 — Animal-related threat prevention, surveillance and crisis preparedness

| 50. | Points to the need to improve the level of biosecurity on holdings and to encourage all operators to raise standards, while acknowledging that infectious diseases can strike on both small and large farms, on holdings where animals are kept for leisure, in zoos, in nature reserves, in slaughterhouses and during animal transport and transit; considers that measures such as the isolation of new animals brought to farms, the isolation of sick animals, and regulating the movement of people can have a major impact in restricting the spread of disease; |
| --- | --- |

50.

Points to the need to improve the level of biosecurity on holdings and to encourage all operators to raise standards, while acknowledging that infectious diseases can strike on both small and large farms, on holdings where animals are kept for leisure, in zoos, in nature reserves, in slaughterhouses and during animal transport and transit; considers that measures such as the isolation of new animals brought to farms, the isolation of sick animals, and regulating the movement of people can have a major impact in restricting the spread of disease;

| 51. | Points out that keeping animals in the open is a defining feature of various production systems and is still particularly frequent in certain regions and for certain species; recognises that that practice is supported by the public and with public funds; points out that the practice may contradict the aims of biosecurity; takes the view that farmers should receive support from society in insuring against the higher risks for animal health associated with these types of livestock farming, and that the political objectives in the areas of animal health and animal protection should be aligned; |
| --- | --- |

51.

Points out that keeping animals in the open is a defining feature of various production systems and is still particularly frequent in certain regions and for certain species; recognises that that practice is supported by the public and with public funds; points out that the practice may contradict the aims of biosecurity; takes the view that farmers should receive support from society in insuring against the higher risks for animal health associated with these types of livestock farming, and that the political objectives in the areas of animal health and animal protection should be aligned;

| 52. | Points out that training for farm managers and staff working on farms is crucial for animal welfare and animal health; is in favour, therefore, of supporting training and further training measures; |
| --- | --- |

52.

Points out that training for farm managers and staff working on farms is crucial for animal welfare and animal health; is in favour, therefore, of supporting training and further training measures;

| 53. | Awaits the recognition of quality management systems for the categorisation of risk associated with different types of production systems; is convinced that stock-farming systems that are preferred by consumers and that pose certain problems with respect to biosecurity (free-range farming) can be made safer through appropriate management; |
| --- | --- |

53.

Awaits the recognition of quality management systems for the categorisation of risk associated with different types of production systems; is convinced that stock-farming systems that are preferred by consumers and that pose certain problems with respect to biosecurity (free-range farming) can be made safer through appropriate management;

| 54. | Believes that tracing products, on the basis of identification and registration, is particularly important in animal health monitoring and disease prevention and food safety; supports, in this connection, action covering the compulsory electronic and DNA-based genetic identification and registration of animals at EU-level and the introduction of a comprehensive and secure animal movement monitoring system, but draws attention to the cost of such a system, particularly for farms working with economically unfavourable farm structures; calls on the Commission to help farmers cope with the high costs incurred through the procurement of the required equipment, by creating the possibility for Member States to incorporate such measures within their rural development programmes; |
| --- | --- |

54.

Believes that tracing products, on the basis of identification and registration, is particularly important in animal health monitoring and disease prevention and food safety; supports, in this connection, action covering the compulsory electronic and DNA-based genetic identification and registration of animals at EU-level and the introduction of a comprehensive and secure animal movement monitoring system, but draws attention to the cost of such a system, particularly for farms working with economically unfavourable farm structures; calls on the Commission to help farmers cope with the high costs incurred through the procurement of the required equipment, by creating the possibility for Member States to incorporate such measures within their rural development programmes;

| 55. | Points to the large differences between Member States in the amount of bovine animals destroyed as a result of non-compliance with EU rules on identification and registration; awaits the explanation of the Commission for these differences within the EU; |
| --- | --- |

55.

Points to the large differences between Member States in the amount of bovine animals destroyed as a result of non-compliance with EU rules on identification and registration; awaits the explanation of the Commission for these differences within the EU;

| 56. | Shares the view that better border biosecurity is particularly important in view of the fact that the EU is the world's largest importer of food, including animal products; considers that, in view of the risk of infection-carrying or diseased animals being brought into the EU, veterinary and sanitary checks at EU borders need to be particularly thorough and stringent and should not be restricted simply to checking documents, but should also make it possible to ascertain whether animals have been reared in accordance with animal welfare standards laid down in EU legislation; |
| --- | --- |

56.

Shares the view that better border biosecurity is particularly important in view of the fact that the EU is the world's largest importer of food, including animal products; considers that, in view of the risk of infection-carrying or diseased animals being brought into the EU, veterinary and sanitary checks at EU borders need to be particularly thorough and stringent and should not be restricted simply to checking documents, but should also make it possible to ascertain whether animals have been reared in accordance with animal welfare standards laid down in EU legislation;

| 57. | Stresses the importance of animal health inspections within third countries and asks for an increase in the financial resources of the Commission's Food and Veterinary Office; |
| --- | --- |

57.

Stresses the importance of animal health inspections within third countries and asks for an increase in the financial resources of the Commission's Food and Veterinary Office;

| 58. | Takes the view that veterinary and customs controls at EU borders should be particularly rigorous with a view to preventing the illegal importation of or trafficking in animals and animal products, given the major risk of spreading disease that such importation and trafficking entail; draws attention, in this connection, to the need for organisational, training and financial assistance to be provided to veterinary services at the EU's external borders, including its maritime borders, in particular in the new Member States, third countries neighbouring the EU, and developing countries; calls, furthermore, on the Commission and the Member States to draw up appropriate communication plans to inform people of the risks associated with the private import of animals and animal products; |
| --- | --- |

58.

Takes the view that veterinary and customs controls at EU borders should be particularly rigorous with a view to preventing the illegal importation of or trafficking in animals and animal products, given the major risk of spreading disease that such importation and trafficking entail; draws attention, in this connection, to the need for organisational, training and financial assistance to be provided to veterinary services at the EU's external borders, including its maritime borders, in particular in the new Member States, third countries neighbouring the EU, and developing countries; calls, furthermore, on the Commission and the Member States to draw up appropriate communication plans to inform people of the risks associated with the private import of animals and animal products;

| 59. | Calls on the Council and the Commission to establish mechanisms to ensure better coordination between customs services, veterinary services and tour operators in order to facilitate cooperation between Member States and with third countries; |
| --- | --- |

59.

Calls on the Council and the Commission to establish mechanisms to ensure better coordination between customs services, veterinary services and tour operators in order to facilitate cooperation between Member States and with third countries;

| 60. | Calls on the Commission to step up significantly its cooperation with developing countries by providing them with technical assistance on the one hand to help them to meet EU sanitary standards and on the other hand to reduce the risk of spreading of animal diseases from those countries to the EU; believes that in veterinary cooperation with third countries priority should be given to countries bordering the EU; |
| --- | --- |

60.

Calls on the Commission to step up significantly its cooperation with developing countries by providing them with technical assistance on the one hand to help them to meet EU sanitary standards and on the other hand to reduce the risk of spreading of animal diseases from those countries to the EU; believes that in veterinary cooperation with third countries priority should be given to countries bordering the EU;

| 61. | Stresses the importance of veterinary surveillance in crisis situations and the prevention thereof, as regards providing early warning and the prompt detection of animal-related threats; calls on the Commission, in this context, to examine the possible introduction of a system of farm audits for farms that are not regularly visited by veterinary professionals; |
| --- | --- |

61.

Stresses the importance of veterinary surveillance in crisis situations and the prevention thereof, as regards providing early warning and the prompt detection of animal-related threats; calls on the Commission, in this context, to examine the possible introduction of a system of farm audits for farms that are not regularly visited by veterinary professionals;

| 62. | Stresses the need for economic operators, members of the veterinary profession and their assistants, control bodies and other competent authorities to be provided with effective training to enable them to detect animal-related threats promptly, and for an update of EU minimum standards on veterinary training and support for such training at EU level, together with measures to ensure the implementation of those standards and the alignment, as swiftly as possible, of school and university programmes in this field; suggests, in this regard, that a European accreditation system of veterinary schools could help to achieve the objective of a high-level veterinary education; |
| --- | --- |

62.

Stresses the need for economic operators, members of the veterinary profession and their assistants, control bodies and other competent authorities to be provided with effective training to enable them to detect animal-related threats promptly, and for an update of EU minimum standards on veterinary training and support for such training at EU level, together with measures to ensure the implementation of those standards and the alignment, as swiftly as possible, of school and university programmes in this field; suggests, in this regard, that a European accreditation system of veterinary schools could help to achieve the objective of a high-level veterinary education;

| 63. | Strongly supports action to increase the use of (both suppressive and protective) emergency vaccinations, which should result in more effective disease prevention and containment as part of disease-eradication operations; draws attention to the fact that the introduction of an effective vaccination system requires income guarantees for owners of vaccinated animals who may face problems selling products from vaccinated animals and the provision of appropriate financial support in order to encourage the use of such a system and to ensure that products from vaccinated animals are not subject to any restrictions; considers it essential, furthermore, for EU vaccine banks to be expanded; also considers it necessary to apply all measures that can help to reduce the number of healthy animals slaughtered and disposed of, such as tests to prove that animals are free from pathogens, thus making normal slaughter possible; |
| --- | --- |

63.

Strongly supports action to increase the use of (both suppressive and protective) emergency vaccinations, which should result in more effective disease prevention and containment as part of disease-eradication operations; draws attention to the fact that the introduction of an effective vaccination system requires income guarantees for owners of vaccinated animals who may face problems selling products from vaccinated animals and the provision of appropriate financial support in order to encourage the use of such a system and to ensure that products from vaccinated animals are not subject to any restrictions; considers it essential, furthermore, for EU vaccine banks to be expanded; also considers it necessary to apply all measures that can help to reduce the number of healthy animals slaughtered and disposed of, such as tests to prove that animals are free from pathogens, thus making normal slaughter possible;

| 64. | Supports the development of vaccination strategies for all relevant species and diseases; |
| --- | --- |

64.

Supports the development of vaccination strategies for all relevant species and diseases;

| 65. | Calls on the Commission and the Member States to take measures in order to ensure the indiscriminate circulation of products derived from vaccinated animals, the absence of which has, to date, placed a major brake on the use of vaccination as a tool in combating the spread of contagious animal diseases; calls, therefore, inter alia, for a ban on consumer labelling of products derived from vaccinated animals, effective public communication strategies regarding the harmlessness of products derived from vaccinated animals and the conclusion of conventions on the free circulation of products derived from vaccinated animals between governments, farmers' organisations, consumer organisations and retail and trade operators; |
| --- | --- |

65.

Calls on the Commission and the Member States to take measures in order to ensure the indiscriminate circulation of products derived from vaccinated animals, the absence of which has, to date, placed a major brake on the use of vaccination as a tool in combating the spread of contagious animal diseases; calls, therefore, inter alia, for a ban on consumer labelling of products derived from vaccinated animals, effective public communication strategies regarding the harmlessness of products derived from vaccinated animals and the conclusion of conventions on the free circulation of products derived from vaccinated animals between governments, farmers' organisations, consumer organisations and retail and trade operators;

| 66. | Takes the view that, in connection with action in response to the threat of a crisis, it is essential to ensure the availability of specialist knowledge and humane means of carrying out any necessary culling of animals that will spare them unnecessary suffering, in recognition of the fact that they are living, sentient beings; |
| --- | --- |

66.

Takes the view that, in connection with action in response to the threat of a crisis, it is essential to ensure the availability of specialist knowledge and humane means of carrying out any necessary culling of animals that will spare them unnecessary suffering, in recognition of the fact that they are living, sentient beings;

| 67. | Points out that veterinary medicines and animal vaccines are an element of animal health, and responsibility within the Commission should be reorganised accordingly; |
| --- | --- |

67.

Points out that veterinary medicines and animal vaccines are an element of animal health, and responsibility within the Commission should be reorganised accordingly;

Pillar 4 — Science, innovation and research

| 68. | Stresses that scientific research plays an essential role in animal health systems, since it enables advances to be made, in particular in monitoring the diagnosis and control of animal disease, risk analysis, development of vaccines and tests and efficient treatment methods, which must be based on scientific knowledge; recalls, in this context, Parliament's amendment to the 2008 EU budget, increasing appropriations for the development of (marker) vaccines and testing methods; calls on the Commission to make effective use of those increased appropriations; |
| --- | --- |

68.

Stresses that scientific research plays an essential role in animal health systems, since it enables advances to be made, in particular in monitoring the diagnosis and control of animal disease, risk analysis, development of vaccines and tests and efficient treatment methods, which must be based on scientific knowledge; recalls, in this context, Parliament's amendment to the 2008 EU budget, increasing appropriations for the development of (marker) vaccines and testing methods; calls on the Commission to make effective use of those increased appropriations;

| 69. | Draws attention to the need for more detailed scientific research into the impact of feed on animal health and, indirectly, on human health; |
| --- | --- |

69.

Draws attention to the need for more detailed scientific research into the impact of feed on animal health and, indirectly, on human health;

| 70. | Believes that research into animal health and welfare conducted under the seventh framework research programme and other research conducted at national and EU level contributes to more effective action on animal health; |
| --- | --- |

70.

Believes that research into animal health and welfare conducted under the seventh framework research programme and other research conducted at national and EU level contributes to more effective action on animal health;

| 71. | Points to the need to strengthen the network of Community and national reference laboratories dealing with animal diseases, highlighting the networks that already exist, and agrees that scientifically uniform test methods which are ‘trade compatible’ (validated and accepted by the OIE and third country trade partners) should be applied; |
| --- | --- |

71.

Points to the need to strengthen the network of Community and national reference laboratories dealing with animal diseases, highlighting the networks that already exist, and agrees that scientifically uniform test methods which are ‘trade compatible’ (validated and accepted by the OIE and third country trade partners) should be applied;

| 72. | Emphasises the importance of pooling scientific information on animal health and welfare and points to the need for the development of the ERA-NET and European Technology Platform for Global Animal Health information platforms; suggests that the advantages and disadvantages of new and further developed diagnostic methods, such as for example Polymerase Chain Reaction, must be better communicated and used to benefit animals and humans, with a view to both animal protection and the worldwide supply of safe food for people, especially in the newer Member States; |
| --- | --- |

72.

Emphasises the importance of pooling scientific information on animal health and welfare and points to the need for the development of the ERA-NET and European Technology Platform for Global Animal Health information platforms; suggests that the advantages and disadvantages of new and further developed diagnostic methods, such as for example Polymerase Chain Reaction, must be better communicated and used to benefit animals and humans, with a view to both animal protection and the worldwide supply of safe food for people, especially in the newer Member States;

| 73. | Stresses the importance of communicating with consumers in order to ensure that they understand the means by which animal diseases are spread and their enormous impact on, and thus their significance for, the supply of safe food; |
| --- | --- |

73.

Stresses the importance of communicating with consumers in order to ensure that they understand the means by which animal diseases are spread and their enormous impact on, and thus their significance for, the supply of safe food;

| 74. | Strongly believes that the cloning of animals for economic purposes should be banned; |
| --- | --- |

74.

Strongly believes that the cloning of animals for economic purposes should be banned;

| 75. | Is concerned that European standards could be undermined by imports from third countries whose farmers do not face the same obligations with regard to animal health and welfare; asks the Commission to investigate ways in which to safeguard against such third country competition, including by considering import measures and raising the matter for debate in the relevant WTO fora; |
| --- | --- |

75.

Is concerned that European standards could be undermined by imports from third countries whose farmers do not face the same obligations with regard to animal health and welfare; asks the Commission to investigate ways in which to safeguard against such third country competition, including by considering import measures and raising the matter for debate in the relevant WTO fora;

| 76. | Considers that the delay in taking measures to ensure that imports of Brazilian beef come only from cattle that are free of foot-and-mouth disease risks undermining public confidence in the EU animal health regime; |
| --- | --- |

76.

Considers that the delay in taking measures to ensure that imports of Brazilian beef come only from cattle that are free of foot-and-mouth disease risks undermining public confidence in the EU animal health regime;

| 77. | Calls on the Commission to ensure that the outcome of WTO negotiations does not undermine the ability of European farmers to maintain and enhance animal health and welfare standards; considers that the possibility of subjecting imported products to the same requirements as European products is a major factor in ensuring a balanced outcome to the negotiations; |
| --- | --- |

77.

Calls on the Commission to ensure that the outcome of WTO negotiations does not undermine the ability of European farmers to maintain and enhance animal health and welfare standards; considers that the possibility of subjecting imported products to the same requirements as European products is a major factor in ensuring a balanced outcome to the negotiations;

| 78. | Invites the Commission to ensure that eggs are designated as a sensitive product as an outcome of the WTO negotiations in order to protect the progress made on animal health and welfare in that area of farming; |
| --- | --- |

78.

Invites the Commission to ensure that eggs are designated as a sensitive product as an outcome of the WTO negotiations in order to protect the progress made on animal health and welfare in that area of farming;

| 79. | Is concerned at the growing evidence that links the increasing international trade in live birds and poultry products with the development and spread of diseases such as avian flu; asks the Commission to investigate this evidence and to bring forward appropriate policy proposals as necessary; |
| --- | --- |

79.

Is concerned at the growing evidence that links the increasing international trade in live birds and poultry products with the development and spread of diseases such as avian flu; asks the Commission to investigate this evidence and to bring forward appropriate policy proposals as necessary;

| 80. | Welcomes the Commission's intention to respect WTO commitments regarding sanitary and phytosanitary (SPS) measures, but considers that this should not preclude the possibility — specifically admissible under the WTO Agreement on the Application of Sanitary and Phytosanitary Measures — of introducing measures that lead to higher standards of protection where this is sufficiently scientifically justified; considers, in addition, that it is important to encourage the adoption of such measures at international level in order to ensure upward convergence; |
| --- | --- |

80.

Welcomes the Commission's intention to respect WTO commitments regarding sanitary and phytosanitary (SPS) measures, but considers that this should not preclude the possibility — specifically admissible under the WTO Agreement on the Application of Sanitary and Phytosanitary Measures — of introducing measures that lead to higher standards of protection where this is sufficiently scientifically justified; considers, in addition, that it is important to encourage the adoption of such measures at international level in order to ensure upward convergence;

| 81. | Believes that the new generation of Free Trade Agreements with India, Korea and the countries of south-east Asia should have a balanced chapter on SPS measures and animal welfare; |
| --- | --- |

81.

Believes that the new generation of Free Trade Agreements with India, Korea and the countries of south-east Asia should have a balanced chapter on SPS measures and animal welfare;

| 82. | Calls on the Commission to integrate animal health and welfare in all its development programmes, in order to achieve consistency with the internal approach and extend the benefits of those policies to partner countries; |
| --- | --- |

82.

Calls on the Commission to integrate animal health and welfare in all its development programmes, in order to achieve consistency with the internal approach and extend the benefits of those policies to partner countries;

| 83. | Urges the Commission to conclude veterinary protocols with potential export markets, such as China; |
| --- | --- |

83.

Urges the Commission to conclude veterinary protocols with potential export markets, such as China;

*

- *

| 84. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

84.

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

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| 19.11.2009 | EN | Official Journal of the European Union | CE 279/98 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/98

---

EU strategy for third Aarhus Convention meeting

P6_TA(2008)0236

European Parliament resolution of 22 May 2008 on the EU strategy for the third Meeting of the Parties to the Aarhus Convention in Riga, Latvia

(2009/C 279 E/21)

The European Parliament,

| — | having regard to the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters of 25 June 1998, and to the forthcoming third Meeting of the Parties (MOP-3), to be held in Riga, Latvia, from 11 to 13 June 2008, |
| --- | --- |

—

having regard to the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters of 25 June 1998, and to the forthcoming third Meeting of the Parties (MOP-3), to be held in Riga, Latvia, from 11 to 13 June 2008,

| — | having regard to Oral Question B6-0157/2008 by its Committee on the Environment, Public Health and Food Safety, |
| --- | --- |

—

having regard to Oral Question B6-0157/2008 by its Committee on the Environment, Public Health and Food Safety,

| — | having regard to Rule 108(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 108(5) of its Rules of Procedure,

| A. | whereas the Aarhus Convention entered into force on 30 October 2001, |
| --- | --- |

A.

whereas the Aarhus Convention entered into force on 30 October 2001,

| B. | whereas the Convention celebrates its tenth anniversary in June 2008, |
| --- | --- |

B.

whereas the Convention celebrates its tenth anniversary in June 2008,

| C. | whereas the Aarhus Convention was ratified by the European Community on 17 February 2005 (1) and has been ratified by all but one of its Member States, |
| --- | --- |

C.

whereas the Aarhus Convention was ratified by the European Community on 17 February 2005 (1) and has been ratified by all but one of its Member States,

| D. | whereas at present there are 41 parties to the Aarhus Convention, |
| --- | --- |

D.

whereas at present there are 41 parties to the Aarhus Convention,

| E. | whereas Parliament and the Council have already adopted three legislative instruments to implement the Aarhus Convention (2) and whereas the adoption of a legislative instrument on access to justice in environmental matters is still being blocked by the Council (3), |
| --- | --- |

E.

whereas Parliament and the Council have already adopted three legislative instruments to implement the Aarhus Convention (2) and whereas the adoption of a legislative instrument on access to justice in environmental matters is still being blocked by the Council (3),

| F. | whereas the Aarhus Convention serves to enable public authorities and citizens to assume their individual and collective responsibility to protect and improve the environment for the welfare and well-being of present and future generations and thus to promote sustainable development, |
| --- | --- |

F.

whereas the Aarhus Convention serves to enable public authorities and citizens to assume their individual and collective responsibility to protect and improve the environment for the welfare and well-being of present and future generations and thus to promote sustainable development,

| G. | whereas the Protocol on pollutant release and transfer registers (4) contributes to increasing corporate accountability, reducing pollution and promoting sustainable development, |
| --- | --- |

G.

whereas the Protocol on pollutant release and transfer registers (4) contributes to increasing corporate accountability, reducing pollution and promoting sustainable development,

| 1. | Urges the EU to take a leading, transparent and constructive role in the negotiations and to contribute actively to the long-term strategic plan of the Convention, including the elaboration of a possibly wider scope for the Convention so that sustainable development in all its dimensions is covered by the same principles of transparency, participation and accountability; |
| --- | --- |

1.

Urges the EU to take a leading, transparent and constructive role in the negotiations and to contribute actively to the long-term strategic plan of the Convention, including the elaboration of a possibly wider scope for the Convention so that sustainable development in all its dimensions is covered by the same principles of transparency, participation and accountability;

| 2. | Believes that MOP-3 will provide a good opportunity both to review the progress which has been achieved so far and to reflect on future challenges; considers that securing effective implementation of the Convention should be the key priority for the future; |
| --- | --- |

2.

Believes that MOP-3 will provide a good opportunity both to review the progress which has been achieved so far and to reflect on future challenges; considers that securing effective implementation of the Convention should be the key priority for the future;

| 3. | Urges the Commission and the Member States to ensure that the decisions taken at MOP-3 further implement and develop the Convention, and that synergies are created between the Aarhus Convention and the relevant multilateral environmental agreements; |
| --- | --- |

3.

Urges the Commission and the Member States to ensure that the decisions taken at MOP-3 further implement and develop the Convention, and that synergies are created between the Aarhus Convention and the relevant multilateral environmental agreements;

| 4. | Urges the Commission and the Member States in particular to aim to ensure that:






  — | the long-term strategic plan includes provisions to increase the public's awareness of their rights and responsibilities under the Aarhus Convention; |
| --- | --- | --- |

4.

Urges the Commission and the Member States in particular to aim to ensure that:

—

the long-term strategic plan includes provisions to increase the public's awareness of their rights and responsibilities under the Aarhus Convention;

| — | MOP-3 clarifies the conditions for the entry into force of the amendment on GMOs adopted in 2005 (5) and any future amendments to the Convention, with a view to securing their early implementation; |
| --- | --- |

—

MOP-3 clarifies the conditions for the entry into force of the amendment on GMOs adopted in 2005 (5) and any future amendments to the Convention, with a view to securing their early implementation;

| — | predictable, stable and adequate financial arrangements are adopted for the Convention; |
| --- | --- |

—

predictable, stable and adequate financial arrangements are adopted for the Convention;

| — | the compliance mechanism is further improved, on the basis of the experience gained; |
| --- | --- |

—

the compliance mechanism is further improved, on the basis of the experience gained;

| — | work on access to justice continues by ensuring that public authorities at all levels of government are fully aware of their obligations under the Aarhus Convention, and by encouraging public authorities to allocate the human, financial and material resources needed to fulfil their obligations; |
| --- | --- |

—

work on access to justice continues by ensuring that public authorities at all levels of government are fully aware of their obligations under the Aarhus Convention, and by encouraging public authorities to allocate the human, financial and material resources needed to fulfil their obligations;

| — | parties take the necessary legal and budgetary measures to guarantee that the third pillar of the Convention is fully implemented, effective remedies are provided for access to justice, and access to procedures is fair, equitable, timely and not prohibitively expensive; |
| --- | --- |

—

parties take the necessary legal and budgetary measures to guarantee that the third pillar of the Convention is fully implemented, effective remedies are provided for access to justice, and access to procedures is fair, equitable, timely and not prohibitively expensive;

| — | a Working Group is set up to assess the implementation of the public participation pillar of the Convention, if necessary leading to proposals for further improving the Convention; |
| --- | --- |

—

a Working Group is set up to assess the implementation of the public participation pillar of the Convention, if necessary leading to proposals for further improving the Convention;

| 5. | Urges the Commission and the Member States to resume the legislative work aimed at adopting a legislative instrument which implements Article 9 of the Convention within the European Union, since this last remaining pillar has not been fully transposed into Community law; welcomes the plan by the Commission to organise a conference on access to justice in June 2008 in order to give further impetus to the legislative work within the Community; |
| --- | --- |

5.

Urges the Commission and the Member States to resume the legislative work aimed at adopting a legislative instrument which implements Article 9 of the Convention within the European Union, since this last remaining pillar has not been fully transposed into Community law; welcomes the plan by the Commission to organise a conference on access to justice in June 2008 in order to give further impetus to the legislative work within the Community;

| 6. | Calls on the Commission and the Member States to enhance synergies and links with other relevant international organisations and Conventions, in particular the Cartagena Protocol on Biosafety; considers, however, that the Aarhus Convention is the appropriate forum for deliberating on horizontal principles of public access to information, participation and access to justice in environmental matters; |
| --- | --- |

6.

Calls on the Commission and the Member States to enhance synergies and links with other relevant international organisations and Conventions, in particular the Cartagena Protocol on Biosafety; considers, however, that the Aarhus Convention is the appropriate forum for deliberating on horizontal principles of public access to information, participation and access to justice in environmental matters;

| 7. | Calls on the Commission to set the public authorities in the Member States a good example by implementing the Aarhus Convention in a rigorous manner; |
| --- | --- |

7.

Calls on the Commission to set the public authorities in the Member States a good example by implementing the Aarhus Convention in a rigorous manner;

| 8. | Urges the countries which have not yet done so to ratify the Aarhus Convention and the Protocol on pollutant release and transfer registers, and to encourage other countries outside the United Nations Economic Commission for Europe to become parties to the Convention; |
| --- | --- |

8.

Urges the countries which have not yet done so to ratify the Aarhus Convention and the Protocol on pollutant release and transfer registers, and to encourage other countries outside the United Nations Economic Commission for Europe to become parties to the Convention;

| 9. | Believes that Members of the European Parliament who are part of the EC delegation have an essential contribution to make, and therefore expects that they will have access to EU coordination meetings without speaking rights in Riga; |
| --- | --- |

9.

Believes that Members of the European Parliament who are part of the EC delegation have an essential contribution to make, and therefore expects that they will have access to EU coordination meetings without speaking rights in Riga;

| 10. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the Secretariat of the United Nations Economic Commission for Europe, with the request that it be circulated to all non-EU contracting parties. |
| --- | --- |

10.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the Secretariat of the United Nations Economic Commission for Europe, with the request that it be circulated to all non-EU contracting parties.

---

(1)  Council Decision 2005/370/EC of 17 February 2005 on the conclusion on behalf of the European Community of the convention on access to information, public participation in decision-making and access to justice in environmental matters (OJ L 124, 17.5.2005, p. 1).

(2)  Directive 2003/4/EC on public access to environmental information (OJ L 41, 14.2.2003, p. 26); Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment (OJ L 156, 25.6.2003, p. 17), Regulation (EC) No 1367/2006 on the application of the provisions of the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).

(3)  Proposal for a directive on access to justice in environmental matters (COM(2003)0624).

(4)  Council Decision 2006/61/EC of 2 December 2005 on the conclusion, on behalf of the European Community, of the UN-ECE Protocol on Pollutant Release and Transfer Registers (OJ L 32, 4.2.2006, p. 54).

(5)  Approved on behalf of the European Community by Council Decision 2006/957/EC of 18 December 2006 on the conclusion, on behalf of the European Community, of an amendment to the Convention on access to information, public participation in decision-making and access to justice in environmental matters (OJ L 386, 29.12.2006, p. 46).

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/100 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/100

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Follow-up to the Paris Declaration of 2005 on Aid Effectiveness

P6_TA(2008)0237

European Parliament resolution of 22 May 2008 on the follow-up to the Paris Declaration of 2005 on Aid Effectiveness (2008/2048(INI))

(2009/C 279 E/22)

The European Parliament,

| — | having regard to Article 177 of the EC Treaty, |
| --- | --- |

—

having regard to Article 177 of the EC Treaty,

| — | having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘EU Code of Conduct on Division of Labour in Development Policy’ (COM(2007)0072), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘EU Code of Conduct on Division of Labour in Development Policy’ (COM(2007)0072),

| — | having regard to its resolution on EU's Aid for Trade of 23 May 2007 (1), |
| --- | --- |

—

having regard to its resolution on EU's Aid for Trade of 23 May 2007 (1),

| — | having regard to its resolution on more and better cooperation: the 2006 EU aid effectiveness package of 28 September 2006 (2), |
| --- | --- |

—

having regard to its resolution on more and better cooperation: the 2006 EU aid effectiveness package of 28 September 2006 (2),

| — | having regard to the Communication from the Commission entitled ‘EU Aid: Delivering more, better and faster’ (COM(2006)0087), |
| --- | --- |

—

having regard to the Communication from the Commission entitled ‘EU Aid: Delivering more, better and faster’ (COM(2006)0087),

| — | having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘Increasing the impact of EU aid: a common framework for drafting country strategy papers and joint multiannual programming’ (COM(2006)0088), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘Increasing the impact of EU aid: a common framework for drafting country strategy papers and joint multiannual programming’ (COM(2006)0088),

| — | having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘Financing for development and aid effectiveness — the challenges of scaling up EU aid 2006-2010’ (COM(2006)0085), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘Financing for development and aid effectiveness — the challenges of scaling up EU aid 2006-2010’ (COM(2006)0085),

| — | having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘Accelerating progress towards attaining the Millennium Development Goals — Financing for Development and Aid Effectiveness’ (COM(2005)0133), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘Accelerating progress towards attaining the Millennium Development Goals — Financing for Development and Aid Effectiveness’ (COM(2005)0133),

| — | having regard to the Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee entitled ‘Policy Coherence for Development — Accelerating progress towards attaining the Millennium Development Goals’ (COM(2005)0134), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee entitled ‘Policy Coherence for Development — Accelerating progress towards attaining the Millennium Development Goals’ (COM(2005)0134),

| — | having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘Translating the Monterrey Consensus into practice: the contribution by the European Union’ (COM(2004)0150), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘Translating the Monterrey Consensus into practice: the contribution by the European Union’ (COM(2004)0150),

| — | having regard to the joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: ‘The European Consensus’ (the European Consensus for Development) signed on 20 December 2005 (3), |
| --- | --- |

—

having regard to the joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: ‘The European Consensus’ (the European Consensus for Development) signed on 20 December 2005 (3),

| — | having regard to the Rome Declaration on Harmonisation, adopted on 25 February 2003 following the High Level Forum on Harmonisation in Rome, and the Paris Declaration on Aid Effectiveness (Paris Declaration), adopted on 2 March 2005 following the High Level Forum on Harmonisation and Alignment for Aid Effectiveness in Paris (Paris High Level Forum), |
| --- | --- |

—

having regard to the Rome Declaration on Harmonisation, adopted on 25 February 2003 following the High Level Forum on Harmonisation in Rome, and the Paris Declaration on Aid Effectiveness (Paris Declaration), adopted on 2 March 2005 following the High Level Forum on Harmonisation and Alignment for Aid Effectiveness in Paris (Paris High Level Forum),

| — | having regard to Resolution A/RES/55/2 of the United Nations (UN) General Assembly on the UN Millennium Declaration, |
| --- | --- |

—

having regard to Resolution A/RES/55/2 of the United Nations (UN) General Assembly on the UN Millennium Declaration,

| — | having regard to the Monterrey Consensus adopted at the UN International Conference on Financing for Development of 21-22 March 2002, |
| --- | --- |

—

having regard to the Monterrey Consensus adopted at the UN International Conference on Financing for Development of 21-22 March 2002,

| — | having regard to the main findings and recommendations of the Development Assistance Committee (DAC) of the Organisation for Economic Cooperation and Development (OECD) in the 2007 Peer Review of the European Community, |
| --- | --- |

—

having regard to the main findings and recommendations of the Development Assistance Committee (DAC) of the Organisation for Economic Cooperation and Development (OECD) in the 2007 Peer Review of the European Community,

| — | having regard to the main findings of the 2007 study entitled ‘How Effective is EU Aid on the ground’ commissioned by its Committee on Development, |
| --- | --- |

—

having regard to the main findings of the 2007 study entitled ‘How Effective is EU Aid on the ground’ commissioned by its Committee on Development,

| — | having regard to the UN Millennium Development Goals Report 2007, |
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having regard to the UN Millennium Development Goals Report 2007,

| — | having regard to Rule 45 of its Rules of Procedure, |
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—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Development (A6-0171/2008), |
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—

having regard to the report of the Committee on Development (A6-0171/2008),

| A. | whereas the current focus on aid effectiveness has led to the conclusion that development aid is underperforming as a result of too little coordination among donors and the existence of too many projects and programmes with different procedures, |
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A.

whereas the current focus on aid effectiveness has led to the conclusion that development aid is underperforming as a result of too little coordination among donors and the existence of too many projects and programmes with different procedures,

| B. | whereas this situation of underperformance leads to low levels of ownership, less effective programmes and developing countries being greatly overloaded with donor demands, a division between so called donor ‘darlings’ and donor ‘orphans’, and the neglecting of crucial sectors such as health, education and gender-friendly programmes, |
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B.

whereas this situation of underperformance leads to low levels of ownership, less effective programmes and developing countries being greatly overloaded with donor demands, a division between so called donor ‘darlings’ and donor ‘orphans’, and the neglecting of crucial sectors such as health, education and gender-friendly programmes,

| C. | whereas the EU supplies more than half of all Official Development Assistance (ODA) in the world, has the capacity to become the most effective donor and should therefore assume an international leadership role to promote the reforms which are necessary in order to improve aid effectiveness, |
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C.

whereas the EU supplies more than half of all Official Development Assistance (ODA) in the world, has the capacity to become the most effective donor and should therefore assume an international leadership role to promote the reforms which are necessary in order to improve aid effectiveness,

| D. | whereas the overarching objective of EU development policy is the eradication of poverty within the context of the new aid architecture, aiming at the achievement of the Millennium Development Goals (MDGs), |
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D.

whereas the overarching objective of EU development policy is the eradication of poverty within the context of the new aid architecture, aiming at the achievement of the Millennium Development Goals (MDGs),

| E. | whereas economic development, social development and environmental protection are interdependent elements which go hand in hand with sustainable development, which is the background to our efforts to improve quality of life for all, as provided for in Paragraph 36 of the Beijing Declaration adopted on 15 September 1995 at the Fourth World Conference on Women in Beijing, |
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E.

whereas economic development, social development and environmental protection are interdependent elements which go hand in hand with sustainable development, which is the background to our efforts to improve quality of life for all, as provided for in Paragraph 36 of the Beijing Declaration adopted on 15 September 1995 at the Fourth World Conference on Women in Beijing,

| F. | whereas environmental protection is among the EU's priorities and whereas the Commission must therefore take this objective into account in all the policies it pursues in relation to developing countries, |
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F.

whereas environmental protection is among the EU's priorities and whereas the Commission must therefore take this objective into account in all the policies it pursues in relation to developing countries,

| G. | whereas the Commission wants to be a proponent of the aid effectiveness agenda, in respect of which it has two closely related aims: (i) to implement the Paris Declaration and improve the quality of its own aid programmes; and (ii) to help Member States to implement the Paris Declaration and improve their own aid effectiveness, |
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G.

whereas the Commission wants to be a proponent of the aid effectiveness agenda, in respect of which it has two closely related aims: (i) to implement the Paris Declaration and improve the quality of its own aid programmes; and (ii) to help Member States to implement the Paris Declaration and improve their own aid effectiveness,

| H. | whereas recent OECD figures show that, overall, EU aid decreased significantly in 2007, |
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H.

whereas recent OECD figures show that, overall, EU aid decreased significantly in 2007,

| I. | whereas the EU commitments to give more and better aid should include increasing its ODA to 0,56 % of Gross National Income (GNI) by 2010, developing new and more predictable and less volatile aid mechanisms along with promotion of better coordination and complementarity by working towards joint multi-annual programming based on partner countries' plans and systems, further untying aid and reform of technical assistance to respond to national priorities; whereas between 2006 and 2007 the percentage of EU GNI devoted to ODA fell for the first time since 2000, from 0,41 % to 0,38 %, and whereas the EU must therefore redouble its efforts to attain the objective set in the MDGs of devoting 0,7 % of the EU's GNI to ODA in 2015, |
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I.

whereas the EU commitments to give more and better aid should include increasing its ODA to 0,56 % of Gross National Income (GNI) by 2010, developing new and more predictable and less volatile aid mechanisms along with promotion of better coordination and complementarity by working towards joint multi-annual programming based on partner countries' plans and systems, further untying aid and reform of technical assistance to respond to national priorities; whereas between 2006 and 2007 the percentage of EU GNI devoted to ODA fell for the first time since 2000, from 0,41 % to 0,38 %, and whereas the EU must therefore redouble its efforts to attain the objective set in the MDGs of devoting 0,7 % of the EU's GNI to ODA in 2015,

| J. | whereas Article 180 of the EC Treaty, reinforced by Article 188 D added by the Treaty of Lisbon, requires that ‘the Union's development cooperation policy and that of the Member States complement and reinforce each other’, requiring the Member States and the Union to strive towards enhanced donor coordination and a better division of labour, which will contribute to greater aid effectiveness, |
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J.

whereas Article 180 of the EC Treaty, reinforced by Article 188 D added by the Treaty of Lisbon, requires that ‘the Union's development cooperation policy and that of the Member States complement and reinforce each other’, requiring the Member States and the Union to strive towards enhanced donor coordination and a better division of labour, which will contribute to greater aid effectiveness,

| K. | whereas there is a risk that the ambitious objectives of the European Consensus for Development, including other political ones such as migration and trade, could dilute the focus on development and undermine the consensus achieved in the international aid agenda on poverty reduction as a result of lack of consistency between the various EU policies, and whereas in this context Paragraph 35 of the European Consensus for Development states that it is important that non-development policies assist developing countries efforts in achieving the MDGs', |
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K.

whereas there is a risk that the ambitious objectives of the European Consensus for Development, including other political ones such as migration and trade, could dilute the focus on development and undermine the consensus achieved in the international aid agenda on poverty reduction as a result of lack of consistency between the various EU policies, and whereas in this context Paragraph 35 of the European Consensus for Development states that it is important that non-development policies assist developing countries efforts in achieving the MDGs',

| L. | whereas the brain drain has led to a critical shortage of health workers and other key skilled personnel in developing countries which in turn frequently prevents aid being effectively delivered on the ground, |
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L.

whereas the brain drain has led to a critical shortage of health workers and other key skilled personnel in developing countries which in turn frequently prevents aid being effectively delivered on the ground,

| M. | whereas the aid system is getting increasingly complex, marked by a proliferation of aid channels, fragmentation of aid flows, increased earmarking of aid, emerging economies becoming more powerful actors in their cooperation with developing countries, leading to the fragmentation of aid and overlapping donor activities at global, country or sector level, |
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M.

whereas the aid system is getting increasingly complex, marked by a proliferation of aid channels, fragmentation of aid flows, increased earmarking of aid, emerging economies becoming more powerful actors in their cooperation with developing countries, leading to the fragmentation of aid and overlapping donor activities at global, country or sector level,

| N. | whereas in the coming years, one of the institutional challenges will be how to best integrate the 12 new members of the EU in their role as emerging donors, as some of these donors find it difficult to conform to the standard development cooperation guidelines of the aid system promoted by the OECD's DAC, |
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N.

whereas in the coming years, one of the institutional challenges will be how to best integrate the 12 new members of the EU in their role as emerging donors, as some of these donors find it difficult to conform to the standard development cooperation guidelines of the aid system promoted by the OECD's DAC,

| O. | whereas this situation could be an obstacle to effective aid provision, |
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O.

whereas this situation could be an obstacle to effective aid provision,

| P. | whereas the current system of allocating aid too often falls short, with many poor countries and critical areas, such as health, education, social cohesion and gender equality, receiving small aid allocations, |
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P.

whereas the current system of allocating aid too often falls short, with many poor countries and critical areas, such as health, education, social cohesion and gender equality, receiving small aid allocations,

| Q. | whereas the EU is committed to tackling the question of ‘orphaned’ or neglected countries and sectors in the context of its abovementioned Code of Conduct on Division of Labour in Development Policy, and is beginning to consider allocations for situations of fragility, |
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Q.

whereas the EU is committed to tackling the question of ‘orphaned’ or neglected countries and sectors in the context of its abovementioned Code of Conduct on Division of Labour in Development Policy, and is beginning to consider allocations for situations of fragility,

| R. | whereas Parliament, through the scrutiny mechanism of the Development Cooperation instrument (DCI) established by the Regulation (EC) No. 1905/2006 (4) (DCI Regulation), and individual Member States have expressed concern that the primary objective of poverty eradication is not always reflected in field delivery, |
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R.

whereas Parliament, through the scrutiny mechanism of the Development Cooperation instrument (DCI) established by the Regulation (EC) No. 1905/2006 (4) (DCI Regulation), and individual Member States have expressed concern that the primary objective of poverty eradication is not always reflected in field delivery,

| S. | whereas a large number of studies have shown that effective accountability for the use of aid involving citizen participation is one of the main indicators of aid effectiveness, but aid is still suffering from a lack of transparency and openness; whereas this lack of transparency hampers access to information for governments, local authorities and civil society in the recipient countries and in this sense constitutes a major obstacle to better appropriation of aid, |
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S.

whereas a large number of studies have shown that effective accountability for the use of aid involving citizen participation is one of the main indicators of aid effectiveness, but aid is still suffering from a lack of transparency and openness; whereas this lack of transparency hampers access to information for governments, local authorities and civil society in the recipient countries and in this sense constitutes a major obstacle to better appropriation of aid,

| T. | whereas aid is often disbursed according to donors' own priorities and timetables, without making sufficient efforts to respect and conform to national planning and development priorities, or the national budgeting timeframe, which makes it very difficult for recipients to prepare effective budgets, or to plan ahead, and makes it hard for parliaments, civil society and others to monitor aid flows and effectiveness, |
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T.

whereas aid is often disbursed according to donors' own priorities and timetables, without making sufficient efforts to respect and conform to national planning and development priorities, or the national budgeting timeframe, which makes it very difficult for recipients to prepare effective budgets, or to plan ahead, and makes it hard for parliaments, civil society and others to monitor aid flows and effectiveness,

| U. | whereas the use of country systems is a key component of aid effectiveness and is deemed to be an important means of increasing partner countries' ownership of policy design and delivery; whereas, therefore, using country systems is expected to strengthen partner countries' national development strategies and implementation frameworks, |
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U.

whereas the use of country systems is a key component of aid effectiveness and is deemed to be an important means of increasing partner countries' ownership of policy design and delivery; whereas, therefore, using country systems is expected to strengthen partner countries' national development strategies and implementation frameworks,

| V. | whereas according to a recent Survey on Monitoring the Paris Declaration by the OECD, the lack of demand-driven technical assistance is a key issue for developing country governments due to the fact that much technical assistance continues to be tied and overpriced, and is often ineffective at building local capacity, which is addressed by Article 31 of the DCI Regulation, |
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V.

whereas according to a recent Survey on Monitoring the Paris Declaration by the OECD, the lack of demand-driven technical assistance is a key issue for developing country governments due to the fact that much technical assistance continues to be tied and overpriced, and is often ineffective at building local capacity, which is addressed by Article 31 of the DCI Regulation,

| W. | whereas the role of national parliaments is paramount for raising awareness and pushing for reform of the aid architecture, i.e. through the debate and approval of development frameworks and budgets, allocation of funding to poverty related sectors, promotion of the division of labour and holding governments to account for delivering on the Paris Declaration, |
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W.

whereas the role of national parliaments is paramount for raising awareness and pushing for reform of the aid architecture, i.e. through the debate and approval of development frameworks and budgets, allocation of funding to poverty related sectors, promotion of the division of labour and holding governments to account for delivering on the Paris Declaration,

| X. | whereas local authorities are key players in development policies, as their expertise and knowledge of local needs enable them to convey, on a daily basis, the expectations of the people and to bridge the gap between the latter and the state, |
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X.

whereas local authorities are key players in development policies, as their expertise and knowledge of local needs enable them to convey, on a daily basis, the expectations of the people and to bridge the gap between the latter and the state,

| Y. | whereas the role of civil society is essential, both as a partner in the political dialogue on aid effectiveness and setting aid priorities, and as a ‘watchdog’ for monitoring government spending, |
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Y.

whereas the role of civil society is essential, both as a partner in the political dialogue on aid effectiveness and setting aid priorities, and as a ‘watchdog’ for monitoring government spending,

| Z. | whereas the DCI provides for no more than 15 % of the thematic credit line for non-state actors and local authorities to be assigned to the latter and whereas this favourable trend, which is likely to render aid more effective, should be accompanied by greater recourse to decentralised cooperation on the part of Member States, |
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Z.

whereas the DCI provides for no more than 15 % of the thematic credit line for non-state actors and local authorities to be assigned to the latter and whereas this favourable trend, which is likely to render aid more effective, should be accompanied by greater recourse to decentralised cooperation on the part of Member States,

| AA. | whereas the EU must ensure that the aid effectiveness agenda resulting from the Third High Level Forum on Aid Effectiveness to be held in Accra in September 2008 is focused on the reduction and, in the long term, the eradication of poverty, |
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AA.

whereas the EU must ensure that the aid effectiveness agenda resulting from the Third High Level Forum on Aid Effectiveness to be held in Accra in September 2008 is focused on the reduction and, in the long term, the eradication of poverty,

| AB. | whereas both improving the quality of aid and increasing the quantity of aid are vital for achieving the MDGs and aid effectiveness cannot be a pretext for not reaching the commitments that the Member States made under the abovementioned Monterrey Consensus, |
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AB.

whereas both improving the quality of aid and increasing the quantity of aid are vital for achieving the MDGs and aid effectiveness cannot be a pretext for not reaching the commitments that the Member States made under the abovementioned Monterrey Consensus,

| AC. | whereas the European Consensus for Development recognises gender equality as a goal in its own right and commits the EU to strengthening its approach to gender equality in all EU development cooperation and whereas the Communication from the Commission to the European Parliament and the Council entitled Gender Equality and Women's Empowerment in Development Cooperation (COM(2007)0100) commits EU donors to ensure the effective implementation of strategies and practices that genuinely deliver for women, |
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AC.

whereas the European Consensus for Development recognises gender equality as a goal in its own right and commits the EU to strengthening its approach to gender equality in all EU development cooperation and whereas the Communication from the Commission to the European Parliament and the Council entitled Gender Equality and Women's Empowerment in Development Cooperation (COM(2007)0100) commits EU donors to ensure the effective implementation of strategies and practices that genuinely deliver for women,

| AD. | whereas local, national, regional and global peace is attainable and is inextricably linked to the advancement of women, as they are a fundamental force not only for family life and the education of children but also for public initiatives, conflict resolution and the promotion of lasting peace at all levels, as indicated in Paragraph 18 of the abovementioned Beijing Declaration, |
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AD.

whereas local, national, regional and global peace is attainable and is inextricably linked to the advancement of women, as they are a fundamental force not only for family life and the education of children but also for public initiatives, conflict resolution and the promotion of lasting peace at all levels, as indicated in Paragraph 18 of the abovementioned Beijing Declaration,

| 1. | Calls on the Member States and the Commission together to make every effort to ensure that the EU speaks with one voice, to align aid delivery with partner countries' priorities and to make their actions more harmonized, transparent, predictable and collectively effective; |
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1.

Calls on the Member States and the Commission together to make every effort to ensure that the EU speaks with one voice, to align aid delivery with partner countries' priorities and to make their actions more harmonized, transparent, predictable and collectively effective;

| 2. | Stresses that the Commission will need to maintain the integrity of the development agenda and a clear focus on the ultimate objective of poverty eradication, and emphasise the effective implementation of priority policies, including a clear focus on results; |
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2.

Stresses that the Commission will need to maintain the integrity of the development agenda and a clear focus on the ultimate objective of poverty eradication, and emphasise the effective implementation of priority policies, including a clear focus on results;

| 3. | Stresses that the rise in the prices of raw materials played a crucial role in triggering the current global food crisis, which is in danger of wiping out all the efforts already made to improve the effectiveness of aid, and calls on the Commission and each Member State to support any measure which can help to stabilise raw material prices for developing countries; |
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3.

Stresses that the rise in the prices of raw materials played a crucial role in triggering the current global food crisis, which is in danger of wiping out all the efforts already made to improve the effectiveness of aid, and calls on the Commission and each Member State to support any measure which can help to stabilise raw material prices for developing countries;

| 4. | Calls on the Commission to help integrate new members into the increasingly coordinated international approaches to development policy and delivery with the appropriate mechanisms, to work with new Member States to set out how they will meet the EU's additional objectives on aid effectiveness agreed at the Paris High Level Forum, and to explore the way forward for possible joint programming exercises; recalls in this context that the new Member States have committed themselves to ODA targets of 0,17 % of GNI by 2010 and 0,33 % by 2015, while their future contributions must reinforce the role of the EU in development cooperation; |
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4.

Calls on the Commission to help integrate new members into the increasingly coordinated international approaches to development policy and delivery with the appropriate mechanisms, to work with new Member States to set out how they will meet the EU's additional objectives on aid effectiveness agreed at the Paris High Level Forum, and to explore the way forward for possible joint programming exercises; recalls in this context that the new Member States have committed themselves to ODA targets of 0,17 % of GNI by 2010 and 0,33 % by 2015, while their future contributions must reinforce the role of the EU in development cooperation;

| 5. | Recognises the crucial role of democratic ownership and parliamentary oversight within developing countries for ensuring aid effectiveness, the need for the EU to provide resources and capacity development support to developing country parliaments to ensure that they have sufficient capacity to engage in scrutiny and oversight of their governments' budgets and the importance that better reporting of the results to the European Parliament, civil society and the Member States can help build confidence in Community programmes, increase accountability and permit more strategic forms of oversight; in this respect, calls on the Commission to propose a new indicator to monitor parliamentary scrutiny; |
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5.

Recognises the crucial role of democratic ownership and parliamentary oversight within developing countries for ensuring aid effectiveness, the need for the EU to provide resources and capacity development support to developing country parliaments to ensure that they have sufficient capacity to engage in scrutiny and oversight of their governments' budgets and the importance that better reporting of the results to the European Parliament, civil society and the Member States can help build confidence in Community programmes, increase accountability and permit more strategic forms of oversight; in this respect, calls on the Commission to propose a new indicator to monitor parliamentary scrutiny;

| 6. | Calls on the Commission and the Member States jointly to identify performance indicators focused on the MDG indicators, in particular with regard to budgetary aid, so that national parliaments, local authorities and local civil society, as well as the European Parliament, can trace back the results of EU contributions; |
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6.

Calls on the Commission and the Member States jointly to identify performance indicators focused on the MDG indicators, in particular with regard to budgetary aid, so that national parliaments, local authorities and local civil society, as well as the European Parliament, can trace back the results of EU contributions;

| 7. | Calls on the Commission and the Member States to ensure that EU policies as well as the aid architecture support the Paris Declaration principle of managing for results, particularly to achieve results in the MDGs least likely to be fulfilled according to the UN Millennium Development Goals Report 2007, such as the Fifth MDG; |
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7.

Calls on the Commission and the Member States to ensure that EU policies as well as the aid architecture support the Paris Declaration principle of managing for results, particularly to achieve results in the MDGs least likely to be fulfilled according to the UN Millennium Development Goals Report 2007, such as the Fifth MDG;

| 8. | Calls on the Commission to devise a matrix of all the financial instruments from which it has awarded funds for good governance, whether from the European Development Fund (EDF), the DCI, the EU-Africa Strategy or the funding allocated to African governments for good governance, in order to check the consistency of policies and the sound management of these funds; |
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8.

Calls on the Commission to devise a matrix of all the financial instruments from which it has awarded funds for good governance, whether from the European Development Fund (EDF), the DCI, the EU-Africa Strategy or the funding allocated to African governments for good governance, in order to check the consistency of policies and the sound management of these funds;

| 9. | Calls on the Commission and the Member States to support the creation and implementation of innovative financing mechanisms to contribute significantly to attaining the MDGs within the deadlines set; stresses that these additional resources cannot replace the commitments already made in terms of public development aid; |
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9.

Calls on the Commission and the Member States to support the creation and implementation of innovative financing mechanisms to contribute significantly to attaining the MDGs within the deadlines set; stresses that these additional resources cannot replace the commitments already made in terms of public development aid;

| 10. | Supports the choice of the Commission increasingly to use budget support, but at the same time encourages the Commission to investigate further the challenges of this aid modality; |
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10.

Supports the choice of the Commission increasingly to use budget support, but at the same time encourages the Commission to investigate further the challenges of this aid modality;

| 11. | Calls on the Member States and their national parliaments to promote the division of labour agenda, in particular as set out in the abovementioned Code of Conduct on Division of Labour in Development policy, and to make actionable plans for how they intend to implement them in order to improve the European aid efforts, whilst ensuring that this agenda is driven by partner countries and not donors alone; |
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11.

Calls on the Member States and their national parliaments to promote the division of labour agenda, in particular as set out in the abovementioned Code of Conduct on Division of Labour in Development policy, and to make actionable plans for how they intend to implement them in order to improve the European aid efforts, whilst ensuring that this agenda is driven by partner countries and not donors alone;

| 12. | Stresses that the division of labour should be country-led, based on the Paris Declaration principles and results-focused and lead to sufficient financing of all sectors in each partner country; |
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12.

Stresses that the division of labour should be country-led, based on the Paris Declaration principles and results-focused and lead to sufficient financing of all sectors in each partner country;

| 13. | Supports the revision and extension of the Donor Atlas initiative in order to promote a more coherent cross-country policy dialogue between the European donors; |
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13.

Supports the revision and extension of the Donor Atlas initiative in order to promote a more coherent cross-country policy dialogue between the European donors;

| 14. | Recalls that corruption diverts the funds intended for development and, therefore, is a major obstacle to greater aid effectiveness; calls on the Commission to improve monitoring of the allocation of development aid and to encourage aid recipients to ratify and apply strictly the international and regional agreements applicable to this field; |
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14.

Recalls that corruption diverts the funds intended for development and, therefore, is a major obstacle to greater aid effectiveness; calls on the Commission to improve monitoring of the allocation of development aid and to encourage aid recipients to ratify and apply strictly the international and regional agreements applicable to this field;

| 15. | Calls on the Commission to ensure greater accountability as well as transparency of countries' public financial management systems where there is assurance that aid will be used for the purposes intended, in order to facilitate both ownership and poverty reduction; |
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15.

Calls on the Commission to ensure greater accountability as well as transparency of countries' public financial management systems where there is assurance that aid will be used for the purposes intended, in order to facilitate both ownership and poverty reduction;

| 16. | Calls on the Commission and Council to take practical measures to fight corruption, particularly by supporting civil society initiatives intended to ensure transparency of the use made of the aid provided by the EU and by urging all Member States and partner States to ratify the UN Convention against Corruption of 2003; |
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16.

Calls on the Commission and Council to take practical measures to fight corruption, particularly by supporting civil society initiatives intended to ensure transparency of the use made of the aid provided by the EU and by urging all Member States and partner States to ratify the UN Convention against Corruption of 2003;

| 17. | Supports the role that the Commission is playing in order to coordinate development cooperation among Member States in headquarters and in the field and emphasises the added value provided by the Commission in taking a leading role in the political dialogue between the EU and the partner countries, based on the EU's common values such as the promotion of human rights and gender equality; |
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17.

Supports the role that the Commission is playing in order to coordinate development cooperation among Member States in headquarters and in the field and emphasises the added value provided by the Commission in taking a leading role in the political dialogue between the EU and the partner countries, based on the EU's common values such as the promotion of human rights and gender equality;

| 18. | Calls on the Commission to continue to simplify procedures, including aid delivery processes, to further decentralise responsibility and to provide the delegations with sufficient capacity (in terms of staff and skills) and to control or influence as required by necessity the shape and approval procedure of the thematic and regional budget lines to fulfil their responsibilities; highlights the importance of equipping the future European External Action Service with sufficient development-oriented capacity; |
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18.

Calls on the Commission to continue to simplify procedures, including aid delivery processes, to further decentralise responsibility and to provide the delegations with sufficient capacity (in terms of staff and skills) and to control or influence as required by necessity the shape and approval procedure of the thematic and regional budget lines to fulfil their responsibilities; highlights the importance of equipping the future European External Action Service with sufficient development-oriented capacity;

| 19. | Calls on the Commission also to encourage regular contact and shared work between its delegations and civil society and local authorities, in order to take better account of the needs and priorities of the partner countries and thus promote better appropriation of aid, which is the principal objective of the Paris Declaration; |
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19.

Calls on the Commission also to encourage regular contact and shared work between its delegations and civil society and local authorities, in order to take better account of the needs and priorities of the partner countries and thus promote better appropriation of aid, which is the principal objective of the Paris Declaration;

| 20. | Stresses the need to improve the guidelines and methodology for monitoring the Paris Declaration in order to improve collective understanding of the agenda set up by the Paris High Level Forum and ensure the consistent aggregation of information on indicators across the main countries receiving aid; highlights the need to ensure that donor countries fulfil their aid promises and calls on Member States to provide better access to their relevant data to facilitate greater transparency and accountability on aid reporting; stresses therefore the need to use precise indicators for interim assessments, the results of which will permit the readjustment and/or intensification of the actions necessary to attain the objectives set for 2010; |
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20.

Stresses the need to improve the guidelines and methodology for monitoring the Paris Declaration in order to improve collective understanding of the agenda set up by the Paris High Level Forum and ensure the consistent aggregation of information on indicators across the main countries receiving aid; highlights the need to ensure that donor countries fulfil their aid promises and calls on Member States to provide better access to their relevant data to facilitate greater transparency and accountability on aid reporting; stresses therefore the need to use precise indicators for interim assessments, the results of which will permit the readjustment and/or intensification of the actions necessary to attain the objectives set for 2010;

| 21. | Stresses the need to draw up a medium-term monitoring plan to review progress and promote action-oriented steps to encourage reliance on country-level monitoring, enable synergies between national and international monitoring efforts, and reduce potential duplication of efforts in the monitoring of the Paris Declaration commitments made by the EU; |
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21.

Stresses the need to draw up a medium-term monitoring plan to review progress and promote action-oriented steps to encourage reliance on country-level monitoring, enable synergies between national and international monitoring efforts, and reduce potential duplication of efforts in the monitoring of the Paris Declaration commitments made by the EU;

| 22. | Calls on the Commission to improve the clarity of the definitions relating to the ODA sectoral allocations so as to improve consistency of the results and reduce the transaction costs of managing the Commission and Member States' data at country level; calls on the Commission to ensure that there is no widening of ODA definitions to include non-aid items such as military spending; |
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22.

Calls on the Commission to improve the clarity of the definitions relating to the ODA sectoral allocations so as to improve consistency of the results and reduce the transaction costs of managing the Commission and Member States' data at country level; calls on the Commission to ensure that there is no widening of ODA definitions to include non-aid items such as military spending;

| 23. | Calls on the Commission and Member States, in accordance with the commitment given at the World Summit on Social Development in Copenhagen of 5-12 March 1995, to comply with the call by civil society organisations for at least 20 % of development aid to be devoted to improving basic public services such as education, health, access to water and sanitation; |
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23.

Calls on the Commission and Member States, in accordance with the commitment given at the World Summit on Social Development in Copenhagen of 5-12 March 1995, to comply with the call by civil society organisations for at least 20 % of development aid to be devoted to improving basic public services such as education, health, access to water and sanitation;

| 24. | Calls on members of the OECD's DAC, which is the relevant authority, to formulate as soon as possible a definition of development cooperation which can put a permanent end to the diversion of aid in favour of purposes which have nothing to do with development, as this diversion is made possible only by the extremely broad nature of the current official definition of development aid; |
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24.

Calls on members of the OECD's DAC, which is the relevant authority, to formulate as soon as possible a definition of development cooperation which can put a permanent end to the diversion of aid in favour of purposes which have nothing to do with development, as this diversion is made possible only by the extremely broad nature of the current official definition of development aid;

| 25. | Calls on the Commission and the Members States to untie completely their aid, in particular technical assistance, food aid and food transport aid, in line with the OECD's DAC recommendation of 2001 for countries eligible under the EDF and with Article 31 of the DCI Regulation; |
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25.

Calls on the Commission and the Members States to untie completely their aid, in particular technical assistance, food aid and food transport aid, in line with the OECD's DAC recommendation of 2001 for countries eligible under the EDF and with Article 31 of the DCI Regulation;

| 26. | Calls on the Commission and the Member States to phase out policy-oriented conditionality, especially economic policy conditionality, to support a common understanding on key priorities, and to use their influence to convince the World Bank and the International Monetary Fund to support the same position; asks particularly that the aid for trade strategy benefit all developing countries, and not only those agreeing to a greater liberalisation of their markets, notably in the context of Economic Partnership Agreements; |
| --- | --- |

26.

Calls on the Commission and the Member States to phase out policy-oriented conditionality, especially economic policy conditionality, to support a common understanding on key priorities, and to use their influence to convince the World Bank and the International Monetary Fund to support the same position; asks particularly that the aid for trade strategy benefit all developing countries, and not only those agreeing to a greater liberalisation of their markets, notably in the context of Economic Partnership Agreements;

| 27. | Stresses the need for the international financial institutions and donor countries to publish the conditions for granting development aid, so that genuine democratic control can be exercised by parliaments, local authorities and civil society; |
| --- | --- |

27.

Stresses the need for the international financial institutions and donor countries to publish the conditions for granting development aid, so that genuine democratic control can be exercised by parliaments, local authorities and civil society;

| 28. | Stresses the need to disburse aid according to partners' own priorities and timetables, and conform to national planning and development priorities, or the national budgeting timeframe; |
| --- | --- |

28.

Stresses the need to disburse aid according to partners' own priorities and timetables, and conform to national planning and development priorities, or the national budgeting timeframe;

| 29. | Stresses that better coordination between the Commission and the Member States should tackle the problem of orphan countries and sectors, and emphasises the relevance of an updated and refined version of the Donor Atlas in this connection; |
| --- | --- |

29.

Stresses that better coordination between the Commission and the Member States should tackle the problem of orphan countries and sectors, and emphasises the relevance of an updated and refined version of the Donor Atlas in this connection;

| 30. | Stresses the need for improvement in progress towards achievement of the health MDGs, particularly in relation to situations of fragility, and for the Commission's DG for Humanitarian Aid (ECHO) and DG Development to coordinate their work throughout the humanitarian aid phase, the transitional phase and the development phase (linking relief, rehabilitation and development) as stated for instance in the European Consensus on Humanitarian Aid (5); |
| --- | --- |

30.

Stresses the need for improvement in progress towards achievement of the health MDGs, particularly in relation to situations of fragility, and for the Commission's DG for Humanitarian Aid (ECHO) and DG Development to coordinate their work throughout the humanitarian aid phase, the transitional phase and the development phase (linking relief, rehabilitation and development) as stated for instance in the European Consensus on Humanitarian Aid (5);

| 31. | Stresses the need to intensify the Commission's consultations with civil society partners in headquarters and in the field through better-structured meetings on policy, strategic programming and aid effectiveness issues including requirements for calls for proposals, disbursement procedures, financial control of projects, monitoring and evaluation processes; calls on donors and partner governments to ensure the full and meaningful participation of civil society and local authorities in the planning, implementation, monitoring and assessment of development budgets and programmes and to support the conditions that are necessary to fulfil their roles; |
| --- | --- |

31.

Stresses the need to intensify the Commission's consultations with civil society partners in headquarters and in the field through better-structured meetings on policy, strategic programming and aid effectiveness issues including requirements for calls for proposals, disbursement procedures, financial control of projects, monitoring and evaluation processes; calls on donors and partner governments to ensure the full and meaningful participation of civil society and local authorities in the planning, implementation, monitoring and assessment of development budgets and programmes and to support the conditions that are necessary to fulfil their roles;

| 32. | Stresses that the involvement of women and women's movements in the formulation and delivery of policy and programmes, implementation, monitoring and evaluation should be seen as an integral part of ensuring real ownership, given the disproportionate impact of poverty on women; |
| --- | --- |

32.

Stresses that the involvement of women and women's movements in the formulation and delivery of policy and programmes, implementation, monitoring and evaluation should be seen as an integral part of ensuring real ownership, given the disproportionate impact of poverty on women;

| 33. | Stresses the need to involve local authorities of both Member States and EU partners in the process of achieving the goals of the Paris Declaration, particularly at all stages of the formulation, implementation and assessment of development policies; |
| --- | --- |

33.

Stresses the need to involve local authorities of both Member States and EU partners in the process of achieving the goals of the Paris Declaration, particularly at all stages of the formulation, implementation and assessment of development policies;

| 34. | Recalls the decisive role which can be played by members of diasporas in improving the effectiveness of European aid and therefore calls on the Commission and the Member States to involve them more in planning and implementing European development programmes; stresses that the involvement of foreigners or people of foreign origin in a partnership between the EU and their country of origin is a powerful factor of integration; |
| --- | --- |

34.

Recalls the decisive role which can be played by members of diasporas in improving the effectiveness of European aid and therefore calls on the Commission and the Member States to involve them more in planning and implementing European development programmes; stresses that the involvement of foreigners or people of foreign origin in a partnership between the EU and their country of origin is a powerful factor of integration;

| 35. | Considers that increasing transparency of information on aid flows is a critical objective for improving the effective use of aid and mutual accountability, and ensuring that there is timely public dissemination of complete information on all aid committed, allocated and disbursed, including publishing reliable country-by-country timetables, for aid commitments and expenditure, that there should be automatic, timely and proactive disclosure by Member States and partners of all documents related to the planning, execution and evaluation of aid strategies and projects, and that this disclosure should include publication of information that permits public participation in decision-making, in languages and forms that are appropriate for the stakeholders concerned; |
| --- | --- |

35.

Considers that increasing transparency of information on aid flows is a critical objective for improving the effective use of aid and mutual accountability, and ensuring that there is timely public dissemination of complete information on all aid committed, allocated and disbursed, including publishing reliable country-by-country timetables, for aid commitments and expenditure, that there should be automatic, timely and proactive disclosure by Member States and partners of all documents related to the planning, execution and evaluation of aid strategies and projects, and that this disclosure should include publication of information that permits public participation in decision-making, in languages and forms that are appropriate for the stakeholders concerned;

| 36. | Calls on the Commission and the Members States to make progress in this area by supporting the establishment of accounting standards for disclosure requirements in respect of external assistance and by working with civil society organisations, national parliaments, local authorities and international organisations to set out good practice in recording aid flows in national budgets; |
| --- | --- |

36.

Calls on the Commission and the Members States to make progress in this area by supporting the establishment of accounting standards for disclosure requirements in respect of external assistance and by working with civil society organisations, national parliaments, local authorities and international organisations to set out good practice in recording aid flows in national budgets;

| 37. | Urges the Commission and the Member States to align their aid to the country systems by using general and sectoral budget support, which has to be based on a solid poverty reduction plan that strengthens domestic accountability and which has to be linked to the shared commitment on reducing poverty and achieving the MDGs, on respecting human rights and on strengthening and improving monitoring, financial management and accountability; |
| --- | --- |

37.

Urges the Commission and the Member States to align their aid to the country systems by using general and sectoral budget support, which has to be based on a solid poverty reduction plan that strengthens domestic accountability and which has to be linked to the shared commitment on reducing poverty and achieving the MDGs, on respecting human rights and on strengthening and improving monitoring, financial management and accountability;

| 38. | Stresses the need for incremental and predictable funding from the Commission and the Members States, in the form of multi-year (3 years or more) aid commitments, which are based on clear and transparent criteria and poverty eradication outcomes including specific sectoral outcomes, agreed with partner countries, and which are delivered on schedule, in a transparent manner so as to allow investment in building the human resources so vital for improving aid effectiveness; welcomes the initiative of MDG contracting to ensure a more predictable form of budget support in the longer term; insists however that this involves a strong commitment to achieving the MDGs by partner countries and that continuous monitoring with a strong focus on results is needed; welcomes the MDG contract as one of the possible ways to increase the predictability of aid; |
| --- | --- |

38.

Stresses the need for incremental and predictable funding from the Commission and the Members States, in the form of multi-year (3 years or more) aid commitments, which are based on clear and transparent criteria and poverty eradication outcomes including specific sectoral outcomes, agreed with partner countries, and which are delivered on schedule, in a transparent manner so as to allow investment in building the human resources so vital for improving aid effectiveness; welcomes the initiative of MDG contracting to ensure a more predictable form of budget support in the longer term; insists however that this involves a strong commitment to achieving the MDGs by partner countries and that continuous monitoring with a strong focus on results is needed; welcomes the MDG contract as one of the possible ways to increase the predictability of aid;

| 39. | Notes that, in most developing countries, most of the MDG targets will not be met by 2015; and urges Member States to prepare annual timetables to meet the promises they have made; |
| --- | --- |

39.

Notes that, in most developing countries, most of the MDG targets will not be met by 2015; and urges Member States to prepare annual timetables to meet the promises they have made;

| 40. | Recognises the importance of setting targets in order to achieve gradually a situation in which 100 % of technical assistance is demand-driven and aligned to partners' national strategies; |
| --- | --- |

40.

Recognises the importance of setting targets in order to achieve gradually a situation in which 100 % of technical assistance is demand-driven and aligned to partners' national strategies;

| 41. | Stresses that technical assistance planned in the light of the needs expressed by recipient countries and civil society organisations rather than the priorities of donor countries should make it possible to increase both the capacities of the EU's partners and local appropriation; |
| --- | --- |

41.

Stresses that technical assistance planned in the light of the needs expressed by recipient countries and civil society organisations rather than the priorities of donor countries should make it possible to increase both the capacities of the EU's partners and local appropriation;

| 42. | Notes that aid reform is only one of the steps that the EU must take along with making its trade, security, migration, agriculture, fisheries, energy, environment, climate change and other policies coherent with development objectives in order to benefit developing countries and promote a fair international financial and trade system in favour of development; recalls in this connection Paragraph 35 of the European Consensus for Development, which states that it is important that non-development policies assist developing countries efforts in achieving the MDGs'; |
| --- | --- |

42.

Notes that aid reform is only one of the steps that the EU must take along with making its trade, security, migration, agriculture, fisheries, energy, environment, climate change and other policies coherent with development objectives in order to benefit developing countries and promote a fair international financial and trade system in favour of development; recalls in this connection Paragraph 35 of the European Consensus for Development, which states that it is important that non-development policies assist developing countries efforts in achieving the MDGs';

| 43. | Recalls the commitments given by countries which are signatories to the Paris Declaration to perform strategic environmental assessments at sectoral and national level; calls on the Commission, therefore, to respect this objective with a view to assessing the impact of its policies, particularly on climate change, desertification and biodiversity in developing countries; |
| --- | --- |

43.

Recalls the commitments given by countries which are signatories to the Paris Declaration to perform strategic environmental assessments at sectoral and national level; calls on the Commission, therefore, to respect this objective with a view to assessing the impact of its policies, particularly on climate change, desertification and biodiversity in developing countries;

| 44. | Stresses that efforts to render aid effective should be accompanied by better information for the citizens of donor countries regarding the aims, methods of implementation and recipients of development aid; |
| --- | --- |

44.

Stresses that efforts to render aid effective should be accompanied by better information for the citizens of donor countries regarding the aims, methods of implementation and recipients of development aid;

| 45. | Recalls that the European Consensus for Development recognises gender equality as a goal in its own right, and therefore should be a key area for discussion on aid effectiveness; |
| --- | --- |

45.

Recalls that the European Consensus for Development recognises gender equality as a goal in its own right, and therefore should be a key area for discussion on aid effectiveness;

| 46. | Recognises that the agendas of aid quantity and aid quality are inextricably linked, and that for aid effectiveness targets to be met, there must be continued commitment to existing quantity targets as agreed to by all EU Member States; in that regard urges the Commission and the Member States to reconfirm their commitment to achieving their collective target for ODA of 0,56 % of GNI in 2010 and 0,7 % of GNI in 2015, to scale up aid and to set ambitious multi-annual timetables to measure the gradual rise in aid budgets; |
| --- | --- |

46.

Recognises that the agendas of aid quantity and aid quality are inextricably linked, and that for aid effectiveness targets to be met, there must be continued commitment to existing quantity targets as agreed to by all EU Member States; in that regard urges the Commission and the Member States to reconfirm their commitment to achieving their collective target for ODA of 0,56 % of GNI in 2010 and 0,7 % of GNI in 2015, to scale up aid and to set ambitious multi-annual timetables to measure the gradual rise in aid budgets;

| 47. | Stresses the importance of including a strong gender perspective at every stage of the programming, implementation, monitoring and evaluation levels; |
| --- | --- |

47.

Stresses the importance of including a strong gender perspective at every stage of the programming, implementation, monitoring and evaluation levels;

| 48. | Instructs its President to forward this resolution to the Council, the Commission, the Development Assistance Committee of the OECD, and the national parliaments of the Member States. |
| --- | --- |

48.

Instructs its President to forward this resolution to the Council, the Commission, the Development Assistance Committee of the OECD, and the national parliaments of the Member States.

---

(1)  OJ C 102 E, 24.4.2008, p. 291.

(2)  OJ C 306 E, 15.12.2006, p. 373.

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

(4)  Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (OJ L 378, 27.12.2006, p. 41).

(5)  Joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission ‘The European Consensus on Humanitarian Aid’ signed on 18 December 2007 (OJ C 25, 30.1.2008, p. 1).

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/109 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/109

---

Sudan and the International Criminal Court (ICC)

P6_TA(2008)0238

European Parliament resolution of 22 May 2008 on Sudan and the International Criminal Court (ICC)

(2009/C 279 E/23)

The European Parliament,

| — | having regard to its previous resolutions on Sudan, |
| --- | --- |

—

having regard to its previous resolutions on Sudan,

| — | having regard to the Rome Statute of the International Criminal Court (ICC) and its entry into force on 1 July 2002, |
| --- | --- |

—

having regard to the Rome Statute of the International Criminal Court (ICC) and its entry into force on 1 July 2002,

| — | having regard to the adoption of United Nations (UN) Security Council Resolution 1593 on 31 March 2005, |
| --- | --- |

—

having regard to the adoption of United Nations (UN) Security Council Resolution 1593 on 31 March 2005,

| — | having regard to the Council Conclusions on Sudan/Chad of 11 December 2007 and 30 January 2008, |
| --- | --- |

—

having regard to the Council Conclusions on Sudan/Chad of 11 December 2007 and 30 January 2008,

| — | having regard to the Declaration by the Presidency on behalf of the European Union on the anniversary of the referral of the situation in Darfur/Sudan to the ICC, adopted on 31 March 2008, |
| --- | --- |

—

having regard to the Declaration by the Presidency on behalf of the European Union on the anniversary of the referral of the situation in Darfur/Sudan to the ICC, adopted on 31 March 2008,

| — | having regard to the awarding of the 2007 Sakharov Prize to Salih Mahmoud Osman, a Sudanese human rights lawyer working in the Darfur region of Sudan, for his work in trying to obtain justice for the victims of the civil war in Darfur, |
| --- | --- |

—

having regard to the awarding of the 2007 Sakharov Prize to Salih Mahmoud Osman, a Sudanese human rights lawyer working in the Darfur region of Sudan, for his work in trying to obtain justice for the victims of the civil war in Darfur,

| — | having regard to the ‘Justice for Darfur’ campaign, which was launched by a large group of non-governmental organisations with the aim of pressing Sudan to cooperate with the ICC and comply with the ICC's arrest warrants, |
| --- | --- |

—

having regard to the ‘Justice for Darfur’ campaign, which was launched by a large group of non-governmental organisations with the aim of pressing Sudan to cooperate with the ICC and comply with the ICC's arrest warrants,

| — | having regard to Rule 115(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 115(5) of its Rules of Procedure,

| A. | whereas the security situation in Darfur remains extremely volatile, and significant clashes have taken place between rebel movements and government forces, affecting humanitarian operations, |
| --- | --- |

A.

whereas the security situation in Darfur remains extremely volatile, and significant clashes have taken place between rebel movements and government forces, affecting humanitarian operations,

| B. | deeply shocked at the suffering of the hundreds of thousands of men, women and children who have been beaten, killed, raped, displaced or otherwise victimised in the conflict in Darfur, and noting that the situation has continued to spiral downward since 2003 and that indiscriminate aerial attacks on civilians continue, |
| --- | --- |

B.

deeply shocked at the suffering of the hundreds of thousands of men, women and children who have been beaten, killed, raped, displaced or otherwise victimised in the conflict in Darfur, and noting that the situation has continued to spiral downward since 2003 and that indiscriminate aerial attacks on civilians continue,

| C. | whereas the UN ‘Responsibility to Protect’ doctrine provides that where national authorities manifestly fail to protect their populations, others have a responsibility to provide the protection needed, |
| --- | --- |

C.

whereas the UN ‘Responsibility to Protect’ doctrine provides that where national authorities manifestly fail to protect their populations, others have a responsibility to provide the protection needed,

| D. | whereas the UN Security Council referred the situation in Darfur to the ICC in March 2005, after which an investigation was launched, |
| --- | --- |

D.

whereas the UN Security Council referred the situation in Darfur to the ICC in March 2005, after which an investigation was launched,

| E. | whereas Sudan has signed the Rome Statute, which created the ICC in 2002, but has not ratified it, |
| --- | --- |

E.

whereas Sudan has signed the Rome Statute, which created the ICC in 2002, but has not ratified it,

| F. | whereas the Government of Sudan, as a member of the United Nations, is obliged to cooperate with the ICC by virtue of Resolution 1593 (2005), which the Security Council adopted under its Chapter 7 powers, |
| --- | --- |

F.

whereas the Government of Sudan, as a member of the United Nations, is obliged to cooperate with the ICC by virtue of Resolution 1593 (2005), which the Security Council adopted under its Chapter 7 powers,

| G. | deeply dismayed by the fact that, since the issuance of the arrest warrants, the Government of Sudan has repeatedly refused to cooperate with the ICC and has indeed multiplied its acts of defiance towards the ICC and the international community, |
| --- | --- |

G.

deeply dismayed by the fact that, since the issuance of the arrest warrants, the Government of Sudan has repeatedly refused to cooperate with the ICC and has indeed multiplied its acts of defiance towards the ICC and the international community,

| H. | whereas in April 2007 the ICC issued two arrest warrants against Sudan's former Minister of the Interior Ahmad Harun and former Janjaweed militia leader Ali Muhammad Ali Abd-Al-Rahman, also known as ‘Ali Kushayb’, on 51 counts of alleged war crimes and crimes against humanity, |
| --- | --- |

H.

whereas in April 2007 the ICC issued two arrest warrants against Sudan's former Minister of the Interior Ahmad Harun and former Janjaweed militia leader Ali Muhammad Ali Abd-Al-Rahman, also known as ‘Ali Kushayb’, on 51 counts of alleged war crimes and crimes against humanity,

| I. | whereas Ahmad Harun is now the Minister for Humanitarian Affairs and thus responsible for the welfare of the very victims of his alleged crimes, as well as being responsible for liaising with the international peace-keeping force — United Nations African Union Mission in Darfur (UNAMID); whereas he was also promoted to chair of a governmental committee tasked with hearing human rights complaints; and whereas Ali Kushayb — who was in Sudanese custody on other charges at the time the warrants were issued — was released from jail in October 2007 despite being sought by the ICC, |
| --- | --- |

I.

whereas Ahmad Harun is now the Minister for Humanitarian Affairs and thus responsible for the welfare of the very victims of his alleged crimes, as well as being responsible for liaising with the international peace-keeping force — United Nations African Union Mission in Darfur (UNAMID); whereas he was also promoted to chair of a governmental committee tasked with hearing human rights complaints; and whereas Ali Kushayb — who was in Sudanese custody on other charges at the time the warrants were issued — was released from jail in October 2007 despite being sought by the ICC,

| J. | whereas in June 2007 and again in December 2007 the Office of the Prosecutor reported to the UN Security Council the failure and unwillingness of the Sudanese Government to cooperate with the ICC, and noted that no steps had been taken to arrest and surrender Ahmad Harun and Ali Kushayb, |
| --- | --- |

J.

whereas in June 2007 and again in December 2007 the Office of the Prosecutor reported to the UN Security Council the failure and unwillingness of the Sudanese Government to cooperate with the ICC, and noted that no steps had been taken to arrest and surrender Ahmad Harun and Ali Kushayb,

| K. | noting that on 5 June 2008 the ICC's Chief Prosecutor, Luis Moreno-Ocampo, will report for the seventh time to the UN Security Council on the progress of its investigations in Darfur and on the cooperation offered by the Sudanese authorities, |
| --- | --- |

K.

noting that on 5 June 2008 the ICC's Chief Prosecutor, Luis Moreno-Ocampo, will report for the seventh time to the UN Security Council on the progress of its investigations in Darfur and on the cooperation offered by the Sudanese authorities,

| L. | determined to support the ICC at this crucial juncture in its work, and fully convinced that ending impunity for the planners and perpetrators of horrific crimes committed in Darfur is an essential component in the solution to the conflict in Darfur, |
| --- | --- |

L.

determined to support the ICC at this crucial juncture in its work, and fully convinced that ending impunity for the planners and perpetrators of horrific crimes committed in Darfur is an essential component in the solution to the conflict in Darfur,

| M. | whereas on 10 and 11 May 2008 Justice and Equality Movement (JEM) rebels staged an attack on Omdurman, near Khartoum, claiming at least 200 victims, |
| --- | --- |

M.

whereas on 10 and 11 May 2008 Justice and Equality Movement (JEM) rebels staged an attack on Omdurman, near Khartoum, claiming at least 200 victims,

| N. | whereas on 20 May 2008, after a first wave of clashes the week before, heavy fighting erupted in Abyei, an oil-rich town claimed by both north and south, between the Sudanese army and the Sudan People's Liberation Army (SPLA), resulting in 30 000 to 50 000 internally displaced persons (IDPs), according to the UN, and an as yet undetermined number of casualties, |
| --- | --- |

N.

whereas on 20 May 2008, after a first wave of clashes the week before, heavy fighting erupted in Abyei, an oil-rich town claimed by both north and south, between the Sudanese army and the Sudan People's Liberation Army (SPLA), resulting in 30 000 to 50 000 internally displaced persons (IDPs), according to the UN, and an as yet undetermined number of casualties,

| O. | whereas on 4 May 2008 Sudanese army planes bombarded civilian targets in North Darfur, resulting in twelve civilian fatalities, |
| --- | --- |

O.

whereas on 4 May 2008 Sudanese army planes bombarded civilian targets in North Darfur, resulting in twelve civilian fatalities,

| P. | whereas to date the conflict in Sudan has claimed some 300 000 victims (according to recent UN estimates) and left 2,5 million IDPs and refugees, and whereas insecurity in the Darfur region is on the rise, |
| --- | --- |

P.

whereas to date the conflict in Sudan has claimed some 300 000 victims (according to recent UN estimates) and left 2,5 million IDPs and refugees, and whereas insecurity in the Darfur region is on the rise,

| Q. | whereas the UNAMID still only has some 7 500 troops and fewer than 2 000 police on the ground, of the 26 000 that have been authorised, |
| --- | --- |

Q.

whereas the UNAMID still only has some 7 500 troops and fewer than 2 000 police on the ground, of the 26 000 that have been authorised,

| 1. | Strongly condemns Sudan's persistent failure to cooperate with the ICC, to arrest and hand over to the ICC Ahmad Harun and Ali Kushayb and to comply with its international humanitarian law obligations, thus demonstrating blatant disrespect for the hundreds of thousands of victims and their families and the millions of people who have been forced to leave their homes since the beginning of the conflict; |
| --- | --- |

1.

Strongly condemns Sudan's persistent failure to cooperate with the ICC, to arrest and hand over to the ICC Ahmad Harun and Ali Kushayb and to comply with its international humanitarian law obligations, thus demonstrating blatant disrespect for the hundreds of thousands of victims and their families and the millions of people who have been forced to leave their homes since the beginning of the conflict;

| 2. | Urges the Sudanese Government to ratify the Statute of the ICC, to comply with UN Security Council Resolution 1593 (2005), to cooperate unconditionally with the ICC, and to pursue a thorough and effective investigation and prosecution of war crimes and crimes against humanity committed in the region of Darfur; |
| --- | --- |

2.

Urges the Sudanese Government to ratify the Statute of the ICC, to comply with UN Security Council Resolution 1593 (2005), to cooperate unconditionally with the ICC, and to pursue a thorough and effective investigation and prosecution of war crimes and crimes against humanity committed in the region of Darfur;

| 3. | Urges the authorities in Khartoum to arrest and surrender the two ICC suspects without further delay, immediately to break the cycle of impunity in Darfur and to cooperate with future ICC investigations in Darfur; |
| --- | --- |

3.

Urges the authorities in Khartoum to arrest and surrender the two ICC suspects without further delay, immediately to break the cycle of impunity in Darfur and to cooperate with future ICC investigations in Darfur;

| 4. | Calls on the General Affairs and External Relations Council of 16-17 June 2008 and the European Council of 19-20 June 2008 to discuss the ICC's Prosecutor's report and to take steps to adopt targeted EU punitive measures against a clearly identified group of Sudanese officials who bear responsibility for Sudan's non-cooperation with the ICC, including:






  — | freezing and seizing assets of individuals identified as impeding cooperation with the ICC, and identifying and targeting the offshore assets of businesses affiliated with the National Congress Party (the government majority party), a major conduit for financing militias in Darfur; |
| --- | --- | --- |

4.

Calls on the General Affairs and External Relations Council of 16-17 June 2008 and the European Council of 19-20 June 2008 to discuss the ICC's Prosecutor's report and to take steps to adopt targeted EU punitive measures against a clearly identified group of Sudanese officials who bear responsibility for Sudan's non-cooperation with the ICC, including:

—

freezing and seizing assets of individuals identified as impeding cooperation with the ICC, and identifying and targeting the offshore assets of businesses affiliated with the National Congress Party (the government majority party), a major conduit for financing militias in Darfur;

| — | measures denying access to EU banks for any financial transaction or payment made by or on behalf of these individuals; |
| --- | --- |

—

measures denying access to EU banks for any financial transaction or payment made by or on behalf of these individuals;

| — | measures to prevent business and other economic or trade relations between these individuals, or any legal entity or corporation controlled by them, and European companies, targeting especially the revenue flow from the petroleum sector; |
| --- | --- |

—

measures to prevent business and other economic or trade relations between these individuals, or any legal entity or corporation controlled by them, and European companies, targeting especially the revenue flow from the petroleum sector;

| 5. | Urges the Member States and candidate countries with a seat on the UN Security Council — i.e. Belgium, France, Italy, the United Kingdom and Croatia — to take a principled stance during the Prosecutor's briefing on 5 June 2008, in compliance with the EU Common Position on the ICC, and to respond appropriately to the Prosecutor's findings by calling on Sudan to comply immediately with UN Security Council Resolution 1593 (2005) and with the ICC's requests; |
| --- | --- |

5.

Urges the Member States and candidate countries with a seat on the UN Security Council — i.e. Belgium, France, Italy, the United Kingdom and Croatia — to take a principled stance during the Prosecutor's briefing on 5 June 2008, in compliance with the EU Common Position on the ICC, and to respond appropriately to the Prosecutor's findings by calling on Sudan to comply immediately with UN Security Council Resolution 1593 (2005) and with the ICC's requests;

| 6. | Calls on all other States represented at the UN Security Council to support any cooperation request put forward by the ICC Prosecutor on behalf of the Court and, in particular, calls on China, Russia, South Africa and Libya to follow through on their own words under Security Council Resolution 1593 (2005) and not to obstruct the Security Council's action on 5 June 2008; |
| --- | --- |

6.

Calls on all other States represented at the UN Security Council to support any cooperation request put forward by the ICC Prosecutor on behalf of the Court and, in particular, calls on China, Russia, South Africa and Libya to follow through on their own words under Security Council Resolution 1593 (2005) and not to obstruct the Security Council's action on 5 June 2008;

| 7. | Urges the Member States and the UN Security Council to push for a specific mention of impunity and inclusion of the ICC arrest warrants in the formal terms of reference for the forthcoming visit by the UN Security Council to Khartoum at the end of May 2008; |
| --- | --- |

7.

Urges the Member States and the UN Security Council to push for a specific mention of impunity and inclusion of the ICC arrest warrants in the formal terms of reference for the forthcoming visit by the UN Security Council to Khartoum at the end of May 2008;

| 8. | Calls on the Commission and the Member States to ensure that their substantial development aid to Sudan is not delivered via Ahmad Harun's Ministry of Humanitarian Affairs and urges donors formally to press the Government of Sudan to remove Ahmad Harun from office; |
| --- | --- |

8.

Calls on the Commission and the Member States to ensure that their substantial development aid to Sudan is not delivered via Ahmad Harun's Ministry of Humanitarian Affairs and urges donors formally to press the Government of Sudan to remove Ahmad Harun from office;

| 9. | Calls on the EU to exert pressure on China to join the international efforts to end the conflict and to use its considerable leverage on the Government of Sudan based on its role as the main provider of income for the Government of Sudan from oil sales; urges China to stop delivering weapons to Sudan; |
| --- | --- |

9.

Calls on the EU to exert pressure on China to join the international efforts to end the conflict and to use its considerable leverage on the Government of Sudan based on its role as the main provider of income for the Government of Sudan from oil sales; urges China to stop delivering weapons to Sudan;

| 10. | Calls on the African Union and the Arab League to engage actively in Darfur by pressing the Government of Sudan to cooperate with the ICC's Office of the Prosecutor in the current and future investigations, and calls on the EU Presidency to place Sudan's cooperation with the ICC on the agenda for political dialogues and summits with key partners such as China, the United States, the African Union and the Arab League; |
| --- | --- |

10.

Calls on the African Union and the Arab League to engage actively in Darfur by pressing the Government of Sudan to cooperate with the ICC's Office of the Prosecutor in the current and future investigations, and calls on the EU Presidency to place Sudan's cooperation with the ICC on the agenda for political dialogues and summits with key partners such as China, the United States, the African Union and the Arab League;

| 11. | Calls on the Council and the Commission to keep the Parliament regularly informed of their current and future efforts to press the Government of Sudan to cooperate with the ICC, and undertakes to remain informed on the matter and to use all available opportunities to raise the issue with both Sudanese officials and other partners; |
| --- | --- |

11.

Calls on the Council and the Commission to keep the Parliament regularly informed of their current and future efforts to press the Government of Sudan to cooperate with the ICC, and undertakes to remain informed on the matter and to use all available opportunities to raise the issue with both Sudanese officials and other partners;

| 12. | Condemns the JEM rebel attacks on Omdurman on 10 and 11 May 2008, as well as the 4 May aerial bombing in North Darfur, which killed 12 people, wounded another 30 and destroyed a school, a water installation and a market; |
| --- | --- |

12.

Condemns the JEM rebel attacks on Omdurman on 10 and 11 May 2008, as well as the 4 May aerial bombing in North Darfur, which killed 12 people, wounded another 30 and destroyed a school, a water installation and a market;

| 13. | Expresses serious concern over the renewed fighting between the Sudanese army and the SPLA in Abyei, which is increasing humanitarian needs and hampering humanitarian operations, and could potentially jeopardise the 2005 peace agreement; |
| --- | --- |

13.

Expresses serious concern over the renewed fighting between the Sudanese army and the SPLA in Abyei, which is increasing humanitarian needs and hampering humanitarian operations, and could potentially jeopardise the 2005 peace agreement;

| 14. | Condemns any violation of the peace and ceasefire agreements by any party, and in particular any violence directed towards the civilian population and the targeting of humanitarian assistance; |
| --- | --- |

14.

Condemns any violation of the peace and ceasefire agreements by any party, and in particular any violence directed towards the civilian population and the targeting of humanitarian assistance;

| 15. | Calls on the Sudanese authorities, notably the Government of National Unity, to lend their full support to the effective establishment of UNAMID, and support all efforts to generate stability and create a secure environment; |
| --- | --- |

15.

Calls on the Sudanese authorities, notably the Government of National Unity, to lend their full support to the effective establishment of UNAMID, and support all efforts to generate stability and create a secure environment;

| 16. | Stresses once again that there can be no lasting peace without justice for serious crimes; calls on EU observers at the peace talks to stress the importance of ending impunity in building sustained respect for the rule of law and human rights in Sudan; |
| --- | --- |

16.

Stresses once again that there can be no lasting peace without justice for serious crimes; calls on EU observers at the peace talks to stress the importance of ending impunity in building sustained respect for the rule of law and human rights in Sudan;

| 17. | Calls upon the Government of Sudan and all armed groups to respect human rights and international humanitarian law by refraining from any indiscriminate attacks on civilians, including sexual violence against women; |
| --- | --- |

17.

Calls upon the Government of Sudan and all armed groups to respect human rights and international humanitarian law by refraining from any indiscriminate attacks on civilians, including sexual violence against women;

| 18. | Calls on all the parties involved in the conflict to refrain from the recruitment and use of child soldiers under the age of 18, and calls on the Sudanese authorities to protect displaced children, especially unaccompanied minors, as laid down in the relevant conventions; |
| --- | --- |

18.

Calls on all the parties involved in the conflict to refrain from the recruitment and use of child soldiers under the age of 18, and calls on the Sudanese authorities to protect displaced children, especially unaccompanied minors, as laid down in the relevant conventions;

| 19. | Calls further on all third parties to cease exporting arms to all parties involved in the conflict in the region and to uphold respect for human rights and international peace and security in their relations with Sudan; |
| --- | --- |

19.

Calls further on all third parties to cease exporting arms to all parties involved in the conflict in the region and to uphold respect for human rights and international peace and security in their relations with Sudan;

| 20. | Is concerned at reports of mass arrests in Khartoum following the rebel attack; reminds the Government of Sudan of its obligations under the African Charter on Human and Peoples' Rights, according to which, inter alia, no one may be arbitrarily arrested or detained and every individual has the right to a defence and to be tried within a reasonable time; |
| --- | --- |

20.

Is concerned at reports of mass arrests in Khartoum following the rebel attack; reminds the Government of Sudan of its obligations under the African Charter on Human and Peoples' Rights, according to which, inter alia, no one may be arbitrarily arrested or detained and every individual has the right to a defence and to be tried within a reasonable time;

| 21. | Urges the EU Special Representative for Sudan, Pekka Haavisto, in keeping with his mandate and with the EU Common Position on the ICC, to take a proactive role and use all available opportunities to raise with Sudanese interlocutors and other partners the need immediately to arrest and surrender Ahmad Harun and Ali Kushayb and to cooperate with the ICC, and calls on the Special Representative to report regularly to the other EU institutions on developments in that regard; |
| --- | --- |

21.

Urges the EU Special Representative for Sudan, Pekka Haavisto, in keeping with his mandate and with the EU Common Position on the ICC, to take a proactive role and use all available opportunities to raise with Sudanese interlocutors and other partners the need immediately to arrest and surrender Ahmad Harun and Ali Kushayb and to cooperate with the ICC, and calls on the Special Representative to report regularly to the other EU institutions on developments in that regard;

| 22. | Expresses deep concern over the serious shortfalls in UNAMID resources and calls on the African Union member states and the international community to increase their contributions so as to allow the urgent deployment of further troops and equipment to Darfur; |
| --- | --- |

22.

Expresses deep concern over the serious shortfalls in UNAMID resources and calls on the African Union member states and the international community to increase their contributions so as to allow the urgent deployment of further troops and equipment to Darfur;

| 23. | Urges the Sudanese Government to respect its commitment to a moratorium on restrictions and obstacles to all humanitarian workers; underlines that the escalation in violence over the past month has also impacted on humanitarian operations, as banditry and hijackings have led to lost aid supplies, recently forcing food agencies to halve rations to more than three million needy people in Darfur; |
| --- | --- |

23.

Urges the Sudanese Government to respect its commitment to a moratorium on restrictions and obstacles to all humanitarian workers; underlines that the escalation in violence over the past month has also impacted on humanitarian operations, as banditry and hijackings have led to lost aid supplies, recently forcing food agencies to halve rations to more than three million needy people in Darfur;

| 24. | Calls on the EU and other international actors to apply appropriate measures that target any perpetrators of violence who violate the ceasefire or attack civilians, peacekeepers or humanitarian operations, and to take all necessary action to help end impunity; |
| --- | --- |

24.

Calls on the EU and other international actors to apply appropriate measures that target any perpetrators of violence who violate the ceasefire or attack civilians, peacekeepers or humanitarian operations, and to take all necessary action to help end impunity;

| 25. | Instructs its President to forward this resolution to the Council, the Commission, the EU Special Representative for Sudan, the Government of Sudan, the governments of the Member States and the members of the UN Security Council, the African Union institutions, the Arab League institutions and the Prosecutor of the ICC. |
| --- | --- |

25.

Instructs its President to forward this resolution to the Council, the Commission, the EU Special Representative for Sudan, the Government of Sudan, the governments of the Member States and the members of the UN Security Council, the African Union institutions, the Arab League institutions and the Prosecutor of the ICC.

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/113 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/113

---

The arrest of political opponents in Belarus

P6_TA(2008)0239

European Parliament resolution of 22 May 2008 on the arrest of political opponents in Belarus

(2009/C 279 E/24)

The European Parliament,

| — | having regard to its previous resolutions on the situation in Belarus, in particular that of 21 February 2008 (1), |
| --- | --- |

—

having regard to its previous resolutions on the situation in Belarus, in particular that of 21 February 2008 (1),

| — | having regard to the Commission's declaration on 21 November 2006 of the European Union's readiness to renew its relationship with Belarus and its people within the framework of the European Neighbourhood Policy (ENP), |
| --- | --- |

—

having regard to the Commission's declaration on 21 November 2006 of the European Union's readiness to renew its relationship with Belarus and its people within the framework of the European Neighbourhood Policy (ENP),

| — | having regard to the EU Presidency Declaration of 28 March 2008 on Belarus, |
| --- | --- |

—

having regard to the EU Presidency Declaration of 28 March 2008 on Belarus,

| — | having regard to the EU Presidency statement of 29 April 2008 on the renewed imprisonment and harassment of political opponents in Belarus, |
| --- | --- |

—

having regard to the EU Presidency statement of 29 April 2008 on the renewed imprisonment and harassment of political opponents in Belarus,

| — | having regard to EU Presidency statement of 6 May 2008 on the recent developments in the relationship between Belarus and the United States, |
| --- | --- |

—

having regard to EU Presidency statement of 6 May 2008 on the recent developments in the relationship between Belarus and the United States,

| — | having regard to Rule 115(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 115(5) of its Rules of Procedure,

| A. | whereas two Belarusian pro-democratic activists, Andrei Kim and Siarhei Parsyukevich, have been given harsh sentences for taking part in peaceful entrepreneurs' demonstrations on 10 and 21 January 2008, |
| --- | --- |

A.

whereas two Belarusian pro-democratic activists, Andrei Kim and Siarhei Parsyukevich, have been given harsh sentences for taking part in peaceful entrepreneurs' demonstrations on 10 and 21 January 2008,

| B. | whereas the continued detention of Aliaksandr Kazulin is a further example of Belarus's disregard for its obligations to respect the principles and commitments of the Organization for Security and Cooperation in Europe (OSCE), of which Belarus is a member, |
| --- | --- |

B.

whereas the continued detention of Aliaksandr Kazulin is a further example of Belarus's disregard for its obligations to respect the principles and commitments of the Organization for Security and Cooperation in Europe (OSCE), of which Belarus is a member,

| C. | whereas it has called on the Council and the Commission to make proposals to put further pressure on Lukashenko's regime within international organisations and has demanded that a complete package of specific, targeted sanctions — severely punishing the perpetrators of oppression without adding to the suffering of the citizens of Belarus — be put forward, |
| --- | --- |

C.

whereas it has called on the Council and the Commission to make proposals to put further pressure on Lukashenko's regime within international organisations and has demanded that a complete package of specific, targeted sanctions — severely punishing the perpetrators of oppression without adding to the suffering of the citizens of Belarus — be put forward,

| D. | whereas it has condemned the use of violence and arrests of large numbers of participants on the occasion of Freedom Day in Minsk and other Belarusian cities on 25 March 2008, |
| --- | --- |

D.

whereas it has condemned the use of violence and arrests of large numbers of participants on the occasion of Freedom Day in Minsk and other Belarusian cities on 25 March 2008,

| E. | whereas the decision of the government of Belarus to declare 10 United States diplomats personae non gratae and the forced expulsion of the US Ambassador to Belarus are measures that are unjustified and harmful to the interests of the people of Belarus, |
| --- | --- |

E.

whereas the decision of the government of Belarus to declare 10 United States diplomats personae non gratae and the forced expulsion of the US Ambassador to Belarus are measures that are unjustified and harmful to the interests of the people of Belarus,

| 1. | Deeply regrets that the situation of democracy, human rights and the rule of law is not improving in Belarus; points out that constant arbitrary arrests of members of civil society and opposition activists, notably the recent temporary detention and trial of Aleksander Milinkevich, and the clampdown on the independent media, contradict the recent rhetoric of the Belarusian government concerning their wish to improve relations with the European Union; |
| --- | --- |

1.

Deeply regrets that the situation of democracy, human rights and the rule of law is not improving in Belarus; points out that constant arbitrary arrests of members of civil society and opposition activists, notably the recent temporary detention and trial of Aleksander Milinkevich, and the clampdown on the independent media, contradict the recent rhetoric of the Belarusian government concerning their wish to improve relations with the European Union;

| 2. | Condemns the harsh sentences given to Syarhei Parsyukevich and Andrei Kim on 22 and 23 April 2008 in Minsk for their participation in the entrepreneurs' rally of 10 January 2008; at the same time, deplores the reportedly excessive force used by Belarusian security forces against and the arrests of peaceful citizens gathered in Minsk on 25 March 2008 to mark the ninetieth anniversary of the Foundation of the Independent Belarusian People's Republic; calls on the Belarusian authorities to unconditionally abstain from all use of force against the representatives of the democratic opposition; |
| --- | --- |

2.

Condemns the harsh sentences given to Syarhei Parsyukevich and Andrei Kim on 22 and 23 April 2008 in Minsk for their participation in the entrepreneurs' rally of 10 January 2008; at the same time, deplores the reportedly excessive force used by Belarusian security forces against and the arrests of peaceful citizens gathered in Minsk on 25 March 2008 to mark the ninetieth anniversary of the Foundation of the Independent Belarusian People's Republic; calls on the Belarusian authorities to unconditionally abstain from all use of force against the representatives of the democratic opposition;

| 3. | Urges the Belarusian authorities to release immediately and unconditionally the remaining political prisoner, Aliaksandr Kazulin, and to cease using intimidation, harassment, targeted arrests and politically motivated prosecutions against the activists of the democratic opposition and civil society in Belarus; |
| --- | --- |

3.

Urges the Belarusian authorities to release immediately and unconditionally the remaining political prisoner, Aliaksandr Kazulin, and to cease using intimidation, harassment, targeted arrests and politically motivated prosecutions against the activists of the democratic opposition and civil society in Belarus;

| 4. | Reiterates that compliance with democratic principles is the key issue for the normalisation of relations with Belarus; |
| --- | --- |

4.

Reiterates that compliance with democratic principles is the key issue for the normalisation of relations with Belarus;

| 5. | Condemns the detention of independent media journalists, searches of their homes and confiscation or destruction of their equipment by Belarusian secret services (KGB) and condemns efforts made by the Belarusian authorities to violate the freedom of the media; |
| --- | --- |

5.

Condemns the detention of independent media journalists, searches of their homes and confiscation or destruction of their equipment by Belarusian secret services (KGB) and condemns efforts made by the Belarusian authorities to violate the freedom of the media;

| 6. | Requests the Council and the Commission to provide substantial support for the victims of human rights violation in Belarus; takes the view that increased financial assistance to civil society organisations, in particular free media, is necessary for the promotion of human rights in the country; |
| --- | --- |

6.

Requests the Council and the Commission to provide substantial support for the victims of human rights violation in Belarus; takes the view that increased financial assistance to civil society organisations, in particular free media, is necessary for the promotion of human rights in the country;

| 7. | Recalls that on 21 November 2006 the European Union declared its readiness to renew its relationship with Belarus and its people within the framework of the ENP as soon as the Belarusian government demonstrated respect for democratic values and for the fundamental rights of the Belarusian people; |
| --- | --- |

7.

Recalls that on 21 November 2006 the European Union declared its readiness to renew its relationship with Belarus and its people within the framework of the ENP as soon as the Belarusian government demonstrated respect for democratic values and for the fundamental rights of the Belarusian people;

| 8. | Emphasises that, in order to engage in any substantial dialogue with the EU, Belarus needs to fulfil the remaining conditions laid down in the Commission's ‘Non Paper’ entitled ‘What the European Union could bring to Belarus’, which include the release of all political prisoners, the abolition of the death penalty, an assurance of a free media and freedom of expression, the independence of the judiciary and respect for democratic values and for the fundamental rights of the Belarusian people; |
| --- | --- |

8.

Emphasises that, in order to engage in any substantial dialogue with the EU, Belarus needs to fulfil the remaining conditions laid down in the Commission's ‘Non Paper’ entitled ‘What the European Union could bring to Belarus’, which include the release of all political prisoners, the abolition of the death penalty, an assurance of a free media and freedom of expression, the independence of the judiciary and respect for democratic values and for the fundamental rights of the Belarusian people;

| 9. | Condemns the fact that Belarus is the only country in Europe which still has the death penalty, contrary to European and universal values; |
| --- | --- |

9.

Condemns the fact that Belarus is the only country in Europe which still has the death penalty, contrary to European and universal values;

| 10. | Deeply regrets the 2002 Law on Freedom of Religion and Religious Organisations, which contravenes international principles of religious freedom and human rights, including those laid out in the International Covenant on Civil and Political Rights (ICCPR), and recognises that as result of this legislation, the activities of many religious communities have been restricted and their leaders are being subjected to constant harassment, prosecution, fines, and imprisonment; |
| --- | --- |

10.

Deeply regrets the 2002 Law on Freedom of Religion and Religious Organisations, which contravenes international principles of religious freedom and human rights, including those laid out in the International Covenant on Civil and Political Rights (ICCPR), and recognises that as result of this legislation, the activities of many religious communities have been restricted and their leaders are being subjected to constant harassment, prosecution, fines, and imprisonment;

| 11. | Urges the Belarusian authorities fully to implement OSCE standards in the organisation of the forthcoming parliamentary elections scheduled for autumn 2008, and to create the conditions for a free and fair ballot; calls on the government of Belarus to give democratic opposition representatives free access to district electoral commissions, to grant registration to all parliamentary candidates and their observers, and not to create obstacles to a comprehensive and complete international election observation mission; |
| --- | --- |

11.

Urges the Belarusian authorities fully to implement OSCE standards in the organisation of the forthcoming parliamentary elections scheduled for autumn 2008, and to create the conditions for a free and fair ballot; calls on the government of Belarus to give democratic opposition representatives free access to district electoral commissions, to grant registration to all parliamentary candidates and their observers, and not to create obstacles to a comprehensive and complete international election observation mission;

| 12. | Calls on the Belarusian government to uphold and ensure the protection of all fundamental human rights and ensure Belarus' compliance with international standards, and in particular with Article 18 of the International Covenant on Civil and Political Rights (ICCPR); |
| --- | --- |

12.

Calls on the Belarusian government to uphold and ensure the protection of all fundamental human rights and ensure Belarus' compliance with international standards, and in particular with Article 18 of the International Covenant on Civil and Political Rights (ICCPR);

| 13. | Calls on the Belarusian government to revise the 2002 Law on Freedom of Religion and Religious Organisations and to restore procedures guaranteeing respect for freedom of religion; |
| --- | --- |

13.

Calls on the Belarusian government to revise the 2002 Law on Freedom of Religion and Religious Organisations and to restore procedures guaranteeing respect for freedom of religion;

| 14. | Expresses solidarity with the united democratic opposition of Belarus and all Belarusian citizens who strive for an independent, open and democratic Belarus based on the rule of law; encourages the leaders of the opposition to demonstrate unity and resolve in the forthcoming parliamentary elections; |
| --- | --- |

14.

Expresses solidarity with the united democratic opposition of Belarus and all Belarusian citizens who strive for an independent, open and democratic Belarus based on the rule of law; encourages the leaders of the opposition to demonstrate unity and resolve in the forthcoming parliamentary elections;

| 15. | Calls on the Council and the Commission to take further steps towards the facilitation and liberalisation of visa procedures for Belarusian citizens, as only such action can help to fulfil the main goal of EU policy towards Belarus, namely to facilitate and intensify people- to-people contacts and to democratise that country; urges them, in this context, to consider the possibilities for lowering the cost of visas for Belarusian citizens entering the Schengen territory, which is the only way to prevent Belarus and its citizens from becoming increasingly isolated; |
| --- | --- |

15.

Calls on the Council and the Commission to take further steps towards the facilitation and liberalisation of visa procedures for Belarusian citizens, as only such action can help to fulfil the main goal of EU policy towards Belarus, namely to facilitate and intensify people- to-people contacts and to democratise that country; urges them, in this context, to consider the possibilities for lowering the cost of visas for Belarusian citizens entering the Schengen territory, which is the only way to prevent Belarus and its citizens from becoming increasingly isolated;

| 16. | Deplores the Belarusian authorities' repeated refusal to grant entry visas to Members of the European Parliament and national parliamentarians in the last couple of years; calls on the Belarusian authorities not to create any further obstacles preventing the European Parliament Delegation for Relations with Belarus from visiting the country to observe the forthcoming general elections and obtain first-hand experience in Belarus; |
| --- | --- |

16.

Deplores the Belarusian authorities' repeated refusal to grant entry visas to Members of the European Parliament and national parliamentarians in the last couple of years; calls on the Belarusian authorities not to create any further obstacles preventing the European Parliament Delegation for Relations with Belarus from visiting the country to observe the forthcoming general elections and obtain first-hand experience in Belarus;

| 17. | Expresses its solidarity with the United States and its diplomatic service, and calls on the government of Belarus to reconsider its decision and to take immediate steps allowing for a normalisation of the relationship between Belarus and the United States on the basis of mutually beneficial cooperation; |
| --- | --- |

17.

Expresses its solidarity with the United States and its diplomatic service, and calls on the government of Belarus to reconsider its decision and to take immediate steps allowing for a normalisation of the relationship between Belarus and the United States on the basis of mutually beneficial cooperation;

| 18. | Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States, the Secretary-General of the United Nations, the Parliamentary Assemblies of the OSCE and the Council of Europe, and the government of Belarus. |
| --- | --- |

18.

Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States, the Secretary-General of the United Nations, the Parliamentary Assemblies of the OSCE and the Council of Europe, and the government of Belarus.

---

(1)  Texts Adopted, P6_TA(2008)0071.

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| 19.11.2009 | EN | Official Journal of the European Union | CE 279/115 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/115

---

Rising tension in Burundi

P6_TA(2008)0240

European Parliament resolution of 22 May 2008 on the rising tension in Burundi

(2009/C 279 E/25)

The European Parliament,

| — | having regard to its previous resolutions on Burundi, |
| --- | --- |

—

having regard to its previous resolutions on Burundi,

| — | having regard to the Dar-es-Salaam Comprehensive Ceasefire Agreement between the government of Burundi and the National Liberation Forces (FNL), signed on 7 September 2006, |
| --- | --- |

—

having regard to the Dar-es-Salaam Comprehensive Ceasefire Agreement between the government of Burundi and the National Liberation Forces (FNL), signed on 7 September 2006,

| — | having regard to the Action Plan adopted in Cape Town on 22 to 23 February 2008 (the Action Plan), |
| --- | --- |

—

having regard to the Action Plan adopted in Cape Town on 22 to 23 February 2008 (the Action Plan),

| — | having regard to the Declaration by the Presidency on behalf of the European Union concerning the attacks at Bujumbura, of 23 April 2008, |
| --- | --- |

—

having regard to the Declaration by the Presidency on behalf of the European Union concerning the attacks at Bujumbura, of 23 April 2008,

| — | having regard to the statement by the President of the UN Security Council on the situation in Burundi, of 24 April 2008, |
| --- | --- |

—

having regard to the statement by the President of the UN Security Council on the situation in Burundi, of 24 April 2008,

| — | having regard to the reports by the UN Secretary-General on the United Nations Integrated Office in Burundi, |
| --- | --- |

—

having regard to the reports by the UN Secretary-General on the United Nations Integrated Office in Burundi,

| — | having regard to the report by Human Rights Watch entitled ‘Every Morning They Beat Me: Police Abuses in Burundi’, of April 2008, |
| --- | --- |

—

having regard to the report by Human Rights Watch entitled ‘Every Morning They Beat Me: Police Abuses in Burundi’, of April 2008,

| — | having regard to Rule 115(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 115(5) of its Rules of Procedure,

| A. | whereas since 17 April 2008 fighting has again erupted between government troops and the FNL in Burundi, forcing thousands of civilians to flee their homes and resulting in the deaths of 50 rebel fighters, |
| --- | --- |

A.

whereas since 17 April 2008 fighting has again erupted between government troops and the FNL in Burundi, forcing thousands of civilians to flee their homes and resulting in the deaths of 50 rebel fighters,

| B. | whereas after 14 years of civil war Burundi has yet to establish a lasting peace, while the conflict has created a critical humanitarian and socio-economic situation that endangers regional stability, |
| --- | --- |

B.

whereas after 14 years of civil war Burundi has yet to establish a lasting peace, while the conflict has created a critical humanitarian and socio-economic situation that endangers regional stability,

| C. | whereas over the past two years international efforts to establish a peace agreement between the Burundian Government and the FNL — including the Regional Peace Initiative on Burundi — have been unsuccessful, |
| --- | --- |

C.

whereas over the past two years international efforts to establish a peace agreement between the Burundian Government and the FNL — including the Regional Peace Initiative on Burundi — have been unsuccessful,

| D. | whereas negotiations between the Burundian Government and the FNL broke down in July 2007 when the FNL walked out of the Joint Verification and Monitoring Mechanism (JVMM) created to oversee implementation of the Comprehensive Ceasefire Agreement, |
| --- | --- |

D.

whereas negotiations between the Burundian Government and the FNL broke down in July 2007 when the FNL walked out of the Joint Verification and Monitoring Mechanism (JVMM) created to oversee implementation of the Comprehensive Ceasefire Agreement,

| E. | whereas the continuing insurgency by the FNL is seen by many as the final barrier to lasting stability in Burundi, and a political solution is needed in order to secure the disarmament of the FNL, |
| --- | --- |

E.

whereas the continuing insurgency by the FNL is seen by many as the final barrier to lasting stability in Burundi, and a political solution is needed in order to secure the disarmament of the FNL,

| F. | whereas in early May 2008, the foreign ministers of Tanzania and Uganda, meeting under the auspices of the Regional Peace Initiative on Burundi, urged the FNL and other senior rebel leaders to leave Tanzania where they are based and to travel to Burundi to enter into peace talks, |
| --- | --- |

F.

whereas in early May 2008, the foreign ministers of Tanzania and Uganda, meeting under the auspices of the Regional Peace Initiative on Burundi, urged the FNL and other senior rebel leaders to leave Tanzania where they are based and to travel to Burundi to enter into peace talks,

| G. | whereas attacks were launched in August 2007 against the homes of political figures who were not supporters, or who were former supporters, of the President of Burundi Pierre Nkurunziza, |
| --- | --- |

G.

whereas attacks were launched in August 2007 against the homes of political figures who were not supporters, or who were former supporters, of the President of Burundi Pierre Nkurunziza,

| H. | whereas 46 Members of the Burundian Parliament, fearing for their physical safety, have written to the UN Secretary-General to request United Nations protection, |
| --- | --- |

H.

whereas 46 Members of the Burundian Parliament, fearing for their physical safety, have written to the UN Secretary-General to request United Nations protection,

| I. | whereas the European Union has chosen Burundi as a pilot country for the implementation of a priority Action Plan aimed at increasing the speed and efficiency of assistance to developing countries that are in a precarious state, |
| --- | --- |

I.

whereas the European Union has chosen Burundi as a pilot country for the implementation of a priority Action Plan aimed at increasing the speed and efficiency of assistance to developing countries that are in a precarious state,

| J. | whereas over 700 households (around 3 500 people) are said to be in the care of the authorities at present, awaiting food and emergency supplies, |
| --- | --- |

J.

whereas over 700 households (around 3 500 people) are said to be in the care of the authorities at present, awaiting food and emergency supplies,

| K. | whereas the latest bout of fighting is part of a series of clashes which have left even more households (35 000 people) displaced, bringing the total number of internally displaced persons (IDPs) to over 100 000; whereas Tanzania wants to return its Burundian refugees to Burundi, while Burundi is still taking in thousands of Rwandan and Congolese refugees, |
| --- | --- |

K.

whereas the latest bout of fighting is part of a series of clashes which have left even more households (35 000 people) displaced, bringing the total number of internally displaced persons (IDPs) to over 100 000; whereas Tanzania wants to return its Burundian refugees to Burundi, while Burundi is still taking in thousands of Rwandan and Congolese refugees,

| L. | whereas it is alleged that Burundi's security forces have illegally detained around 200 people accused of supporting FNL rebels, |
| --- | --- |

L.

whereas it is alleged that Burundi's security forces have illegally detained around 200 people accused of supporting FNL rebels,

| M. | whereas on 2 May 2008 the Burundian Government reported that four rebel fighters and one Burundian soldier had died in what was described as an FNL-initiated ambush, |
| --- | --- |

M.

whereas on 2 May 2008 the Burundian Government reported that four rebel fighters and one Burundian soldier had died in what was described as an FNL-initiated ambush,

| N. | whereas the climate of impunity in Burundi has created a situation where torture by the police and security forces is rife, as is illegal detention, |
| --- | --- |

N.

whereas the climate of impunity in Burundi has created a situation where torture by the police and security forces is rife, as is illegal detention,

| O. | whereas the Burundi national police force, established under a transitional government in 2004, is not well trained and is made up of former rebels and soldiers as well as police officers, |
| --- | --- |

O.

whereas the Burundi national police force, established under a transitional government in 2004, is not well trained and is made up of former rebels and soldiers as well as police officers,

| P. | whereas Unicef assisted in the demobilisation of over 3 000 child soldiers in Burundi between 2004 and 2006; whereas children recently escaped from a demobilisation centre and went on the rampage, and over 500 children are still in the hands of the FNL, |
| --- | --- |

P.

whereas Unicef assisted in the demobilisation of over 3 000 child soldiers in Burundi between 2004 and 2006; whereas children recently escaped from a demobilisation centre and went on the rampage, and over 500 children are still in the hands of the FNL,

| Q. | whereas Burundi was the third country, after Uganda and Ethiopia, to contribute to the African Union peacekeeping mission to Somalia based in Mogadishu (Amisom), by sending 800 soldiers despite the precarious security situation in Burundi, |
| --- | --- |

Q.

whereas Burundi was the third country, after Uganda and Ethiopia, to contribute to the African Union peacekeeping mission to Somalia based in Mogadishu (Amisom), by sending 800 soldiers despite the precarious security situation in Burundi,

| 1. | Expresses serious concern at the recent military confrontations in Burundi between the National Defence Forces and the FNL, which have resulted in the loss of innocent lives; |
| --- | --- |

1.

Expresses serious concern at the recent military confrontations in Burundi between the National Defence Forces and the FNL, which have resulted in the loss of innocent lives;

| 2. | Calls on all parties to respect the Comprehensive Ceasefire Agreement resume negotiations and move swiftly to implement the JVMM established following the ceasefire; |
| --- | --- |

2.

Calls on all parties to respect the Comprehensive Ceasefire Agreement resume negotiations and move swiftly to implement the JVMM established following the ceasefire;

| 3. | Urges in particular the FNL, and its leader Agathon Rwasa, to engage constructively in the peace process; |
| --- | --- |

3.

Urges in particular the FNL, and its leader Agathon Rwasa, to engage constructively in the peace process;

| 4. | Calls on the states neighbouring Burundi to ensure they do not serve as bases for the rebel movement, and welcomes Tanzania's decision to cease acting as a haven for FNL leaders; |
| --- | --- |

4.

Calls on the states neighbouring Burundi to ensure they do not serve as bases for the rebel movement, and welcomes Tanzania's decision to cease acting as a haven for FNL leaders;

| 5. | Calls on the Commission to draw up measures to facilitate the reintegration of former FNL fighters into society once an agreement is signed; |
| --- | --- |

5.

Calls on the Commission to draw up measures to facilitate the reintegration of former FNL fighters into society once an agreement is signed;

| 6. | Calls on the Commission to step up its humanitarian assistance, including for refugees and IDPs, and to scale down such assistance only when it is replaced by tangible development actions, in order to ensure a smooth transition between humanitarian operations and development policies; |
| --- | --- |

6.

Calls on the Commission to step up its humanitarian assistance, including for refugees and IDPs, and to scale down such assistance only when it is replaced by tangible development actions, in order to ensure a smooth transition between humanitarian operations and development policies;

| 7. | Calls on donors to honour their undertakings and ensure closer upstream coordination, in order to increase aid effectiveness; |
| --- | --- |

7.

Calls on donors to honour their undertakings and ensure closer upstream coordination, in order to increase aid effectiveness;

| 8. | Calls on the Commission to propose a swift and significant increase in the financial resources which the European Union grants to Burundi, notably on the occasion of the mid-term review of the 10th European Development Fund; |
| --- | --- |

8.

Calls on the Commission to propose a swift and significant increase in the financial resources which the European Union grants to Burundi, notably on the occasion of the mid-term review of the 10th European Development Fund;

| 9. | Calls on the Commission, in view of the fragility of Burundi and within the framework of the much-needed Action Plan, to give priority support to:






  — | programmes for better governance and democratic state management; |
| --- | --- | --- |

9.

Calls on the Commission, in view of the fragility of Burundi and within the framework of the much-needed Action Plan, to give priority support to:

—

programmes for better governance and democratic state management;

| — | health policies, through the creation of health centres and the essential renewal of the hospital network; |
| --- | --- |

—

health policies, through the creation of health centres and the essential renewal of the hospital network;

| — | the decision by the Burundian Government to provide free primary education; |
| --- | --- |

—

the decision by the Burundian Government to provide free primary education;

| — | the continuing efforts to renew the infrastructure in Burundi; |
| --- | --- |

—

the continuing efforts to renew the infrastructure in Burundi;

| 10. | Insists, in view of the urgency of the situation, that the emphasis should be placed on tangible actions visible to the people of Burundi; |
| --- | --- |

10.

Insists, in view of the urgency of the situation, that the emphasis should be placed on tangible actions visible to the people of Burundi;

| 11. | Calls on the Commission and Member States to reinforce their presence on the ground in Burundi; |
| --- | --- |

11.

Calls on the Commission and Member States to reinforce their presence on the ground in Burundi;

| 12. | Calls on the Commission to promote actions by NGOs and local authorities in the European Union aimed at assisting local authorities and civil society in Burundi; |
| --- | --- |

12.

Calls on the Commission to promote actions by NGOs and local authorities in the European Union aimed at assisting local authorities and civil society in Burundi;

| 13. | Reaffirms its support for the South African facilitation and for the regional initiatives, and remains resolved, as part of the political directorate, to play an active part in removing obstacles to implementation of the Action Plan and to assist in all efforts to reactivate negotiations and consolidate peace in Burundi; supports also the mediation efforts of the UN Commission for the Consolidation of Peace; |
| --- | --- |

13.

Reaffirms its support for the South African facilitation and for the regional initiatives, and remains resolved, as part of the political directorate, to play an active part in removing obstacles to implementation of the Action Plan and to assist in all efforts to reactivate negotiations and consolidate peace in Burundi; supports also the mediation efforts of the UN Commission for the Consolidation of Peace;

| 14. | Notes the greater stability that has come to Burundi since the entry into force of a new constitution followed by general elections, but calls for the establishment of a peace and reconciliation commission as a confidence-building measure that will help restore a climate of confidence and stability among the various interested parties, and calls on the governments of the Member States to support such an initiative financially and logistically; |
| --- | --- |

14.

Notes the greater stability that has come to Burundi since the entry into force of a new constitution followed by general elections, but calls for the establishment of a peace and reconciliation commission as a confidence-building measure that will help restore a climate of confidence and stability among the various interested parties, and calls on the governments of the Member States to support such an initiative financially and logistically;

| 15. | Calls on the Burundian Government to take immediate action to ensure respect for the rule of law, end the climate of impunity, ensure that perpetrators of abuses are brought to justice and improve the training of the police force; |
| --- | --- |

15.

Calls on the Burundian Government to take immediate action to ensure respect for the rule of law, end the climate of impunity, ensure that perpetrators of abuses are brought to justice and improve the training of the police force;

| 16. | Welcomes the recent release of 232 children, following eight months of negotiations with a dissident faction of the FNL by, inter alia, the Burundian Government, civil society and UN agencies; |
| --- | --- |

16.

Welcomes the recent release of 232 children, following eight months of negotiations with a dissident faction of the FNL by, inter alia, the Burundian Government, civil society and UN agencies;

| 17. | Instructs its President to forward this resolution to the Council, the Commission, the Co-Presidents of the ACP-EU Joint Parliamentary Assembly, the governments and parliaments of the Member States, the UN Security Council, the African Union, the governments and parliaments of the states situated in the African Great Lakes region and South Africa. |
| --- | --- |

17.

Instructs its President to forward this resolution to the Council, the Commission, the Co-Presidents of the ACP-EU Joint Parliamentary Assembly, the governments and parliaments of the Member States, the UN Security Council, the African Union, the governments and parliaments of the states situated in the African Great Lakes region and South Africa.

---

III Preparatory Acts

European Parliament

Tuesday 20 May 2008

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/119 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/119

---

Comparability of vocational training qualifications between the Member States ***I

P6_TA(2008)0200

European Parliament 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 (COM(2007)0680 — C6-0398/2007 — 2007/0234(COD))

(2009/C 279 E/26)

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0680), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0680),

| — | having regard to Articles 251(2) and 150(4) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0398/2007), |
| --- | --- |

—

having regard to Articles 251(2) and 150(4) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0398/2007),

| — | having regard to Rule 51 and Rule 43(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 and Rule 43(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs (A6-0132/2008), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs (A6-0132/2008),

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/120 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/120

---

Simplifying procedures for listing and publishing information in the veterinary and zootechnical fields *

P6_TA(2008)0201

European Parliament legislative resolution of 20 May 2008 on the proposal for a Council directive simplifying procedures of listing and publishing information in the veterinary and zootechnical fields and amending Directives 64/432/EEC, 77/504/EEC, 88/407/EEC, 88/661/EEC, 89/361/EEC, 89/556/EEC, 90/427/EEC, 90/428/EEC, 90/429/EEC, 90/539/EEC, 91/68/EEC, 92/35/EEC, 92/65/EEC, 92/66/EEC, 92/119/EEC, 94/28/EC, 2000/75/EC, Decision 2000/258/EC and Directives 2001/89/EC, 2002/60/EC, and 2005/94/EC (COM(2008)0120 — C6-0156/2008 — 2008/0046(CNS))

(2009/C 279 E/27)

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2008)0120), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2008)0120),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0156/2008), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0156/2008),

| — | having regard to Rules 51 and 43(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51 and 43(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A6-0160/2008), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A6-0160/2008),

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 3. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

3.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 4. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

4.

Instructs its President to forward its position to the Council and the Commission.

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/120 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/120

---

The return of cultural objects unlawfully removed from the territory of a Member State (codified version) ***I

P6_TA(2008)0202

European Parliament legislative resolution of 20 May 2008 on the proposal for a directive of the European Parliament and of the Council on the return of cultural objects unlawfully removed from the territory of a Member State (codified version) (COM(2007)0873 — C6-0025/2008 — 2007/0299(COD))

(2009/C 279 E/28)

(Codecision procedure — codification)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0873), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0873),

| — | having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0025/2008), |
| --- | --- |

—

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0025/2008),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),

| — | having regard to Rules 80 and 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 80 and 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A6-0152/2008), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A6-0152/2008),

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 102, 4.4.1996, p. 2.

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/121 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/121

---

Fuel Cells and Hydrogen Joint Undertaking *

P6_TA(2008)0203

European Parliament legislative resolution of 20 May 2008 on the proposal for a Council regulation setting up the Fuel Cells and Hydrogen Joint Undertaking (COM(2007)0571 — C6-0446/2007 — 2007/0211(CNS))

(2009/C 279 E/29)

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2007)0571), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2007)0571),

| — | having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) (Financial Regulation), and in particular Article 185 thereof, |
| --- | --- |

—

having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) (Financial Regulation), and in particular Article 185 thereof,

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (2) (IIA), and in particular Point 47 thereof, |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (2) (IIA), and in particular Point 47 thereof,

| — | having regard to Articles 171 and 172 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0446/2007), |
| --- | --- |

—

having regard to Articles 171 and 172 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0446/2007),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Budgets (A6-0145/2008), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Budgets (A6-0145/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Considers that the reference amount indicated in the legislative proposal must be compatible with the ceiling of heading 1a of the current multiannual financial framework 2007-2013 and with the provisions of Point 47 of the Interinstitutional Agreement (IIA) of 17 May 2006; notes that any financing beyond 2013 shall be evaluated in the context of the negotiations for the next financial framework; |
| --- | --- |

2.

Considers that the reference amount indicated in the legislative proposal must be compatible with the ceiling of heading 1a of the current multiannual financial framework 2007-2013 and with the provisions of Point 47 of the Interinstitutional Agreement (IIA) of 17 May 2006; notes that any financing beyond 2013 shall be evaluated in the context of the negotiations for the next financial framework;

| 3. | Points out that the opinion delivered by the Committee on Budgets does not pre-empt the outcome of the procedure laid down in Point 47 of the IIA of 17 May 2006 which applies to the setting up of the Fuel Cells and Hydrogen Joint Undertaking; |
| --- | --- |

3.

Points out that the opinion delivered by the Committee on Budgets does not pre-empt the outcome of the procedure laid down in Point 47 of the IIA of 17 May 2006 which applies to the setting up of the Fuel Cells and Hydrogen Joint Undertaking;

| 4. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

4.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 5. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

5.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 6. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

6.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 7. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

7.

Instructs its President to forward its position to the Council and the Commission.

| (7a) | In March 2007, the implementation panel of the European Hydrogen and Fuel Cell Technology Platform adopted an implementation plan in which it was estimated that a budget of EUR 7,4 billion would be needed over the period 2007-2015 to meet the technological challenges, of which a third should be spent on research and development. In order for the EU to be able to develop technologies that are sustainable in the long term, a significant part of this budget for research and development should be allocated to breakthrough-oriented research. |
| --- | --- |

(7a)

In March 2007, the implementation panel of the European Hydrogen and Fuel Cell Technology Platform adopted an implementation plan in which it was estimated that a budget of EUR 7,4 billion would be needed over the period 2007-2015 to meet the technological challenges, of which a third should be spent on research and development. In order for the EU to be able to develop technologies that are sustainable in the long term, a significant part of this budget for research and development should be allocated to breakthrough-oriented research.

| (9) | The objective of the JTI on ‘Fuel Cells and Hydrogen’ is to implement a programme of research, technological development and demonstration activities in Europe in the fields of fuel cells and hydrogen. These should be carried out with the cooperation and involvement of stakeholders from industry including SMEs, research centres, universities, and regions. |
| --- | --- |

(9)

The objective of the JTI on ‘Fuel Cells and Hydrogen’ is to implement a programme of research, technological development and demonstration activities in Europe in the fields of fuel cells and hydrogen. These should be carried out with the cooperation and involvement of stakeholders from industry including SMEs, research centres, universities, and regions.

| (9) | The objective of the JTI on ‘Fuel Cells and Hydrogen’ is to implement a programme of research, technological development and demonstration activities in Europe in the fields of fuel cells and hydrogen. These
  activities, which should build on the work carried out by the European Hydrogen and Fuel Cell Technology Platform,
  should be carried out with the cooperation and involvement of stakeholders from industry including SMEs, research centres, universities, and regions. |
| --- | --- |

(9)

The objective of the JTI on ‘Fuel Cells and Hydrogen’ is to implement a programme of research, technological development and demonstration activities in Europe in the fields of fuel cells and hydrogen. These
  activities, which should build on the work carried out by the European Hydrogen and Fuel Cell Technology Platform,
  should be carried out with the cooperation and involvement of stakeholders from industry including SMEs, research centres, universities, and regions.

| (10) | Taking into account the public private partnership involving major stakeholders and its long term activity, the generated socio-economic benefits for European citizens, the pooling of financial resources and co-financing in the field of fuel cells and hydrogen RTD&D activity provided by the Commission and industry, the high scientific and technical expertise required, and the input of industrial property rights, it is vital to set up a Fuel Cells and Hydrogen Joint Undertaking (hereinafter the ‘FCH Joint Undertaking’) under Article 171 of the Treaty. This legal entity should ensure the coordinated use and efficient management of the funds assigned to the JTI on ‘Fuel Cells and Hydrogen’. To ensure the appropriate management of activities initiated but not concluded during the Seventh Framework Programme (2007-2013) the FCH Joint Undertaking should be set up for
  an initial
  period
  of 10 years
  ending on 31 December 2017.
  This period may be extended. |
| --- | --- |

(10)

Taking into account the public private partnership involving major stakeholders and its long term activity, the generated socio-economic benefits for European citizens, the pooling of financial resources and co-financing in the field of fuel cells and hydrogen RTD&D activity provided by the Commission and industry, the high scientific and technical expertise required, and the input of industrial property rights, it is vital to set up a Fuel Cells and Hydrogen Joint Undertaking (hereinafter the ‘FCH Joint Undertaking’) under Article 171 of the Treaty. This legal entity should ensure the coordinated use and efficient management of the funds assigned to the JTI on ‘Fuel Cells and Hydrogen’. To ensure the appropriate management of activities initiated but not concluded during the Seventh Framework Programme (2007-2013) the FCH Joint Undertaking should be set up for
  an initial
  period
  of 10 years
  ending on 31 December 2017.
  This period may be extended.

| (10) | Taking into account the public private partnership involving major stakeholders and its long term activity, the generated socio-economic benefits for European citizens, the pooling of financial resources and co-financing in the field of fuel cells and hydrogen RTD&D activity provided by the Commission and industry, the high scientific and technical expertise required, and the input of industrial property rights, it is vital to set up a Fuel Cells and Hydrogen Joint Undertaking (hereinafter the ‘FCH Joint Undertaking’) under Article 171 of the Treaty. This legal entity should ensure the coordinated use and efficient management of the funds assigned to the JTI on ‘Fuel Cells and Hydrogen’. To ensure the appropriate management of activities initiated but not concluded during the Seventh Framework Programme (2007-2013) the FCH Joint Undertaking should be set up for
  a
  period ending on 31 December 2017.
  It should be ensured that, after the last call for proposals in 2013, projects still in progress are implemented, monitored and funded until 2017. |
| --- | --- |

(10)

Taking into account the public private partnership involving major stakeholders and its long term activity, the generated socio-economic benefits for European citizens, the pooling of financial resources and co-financing in the field of fuel cells and hydrogen RTD&D activity provided by the Commission and industry, the high scientific and technical expertise required, and the input of industrial property rights, it is vital to set up a Fuel Cells and Hydrogen Joint Undertaking (hereinafter the ‘FCH Joint Undertaking’) under Article 171 of the Treaty. This legal entity should ensure the coordinated use and efficient management of the funds assigned to the JTI on ‘Fuel Cells and Hydrogen’. To ensure the appropriate management of activities initiated but not concluded during the Seventh Framework Programme (2007-2013) the FCH Joint Undertaking should be set up for
  a
  period ending on 31 December 2017.
  It should be ensured that, after the last call for proposals in 2013, projects still in progress are implemented, monitored and funded until 2017.

| (10a) | Significant breakthroughs in a number of fields are needed in order for fuel cell and hydrogen technologies to be effectively deployed. The Commission should therefore play a key role in ensuring that proper emphasis is put on long-term research and that adequate support is given to it, taking into account advice provided by the advisory bodies of the FCH Joint Undertaking, namely the Scientific Committee and the High Level Member States Group. |
| --- | --- |

(10a)

Significant breakthroughs in a number of fields are needed in order for fuel cell and hydrogen technologies to be effectively deployed. The Commission should therefore play a key role in ensuring that proper emphasis is put on long-term research and that adequate support is given to it, taking into account advice provided by the advisory bodies of the FCH Joint Undertaking, namely the Scientific Committee and the High Level Member States Group.

| (11a) | The participation of SMEs, research centres and universities in the RTD activities should be promoted. In line with the Rules for Participation in the Seventh Framework Programme, the maximum level of public funding of eligible costs should, in the case of SMEs, research centres and universities, be fifty percent higher than for other entities. |
| --- | --- |

(11a)

The participation of SMEs, research centres and universities in the RTD activities should be promoted. In line with the Rules for Participation in the Seventh Framework Programme, the maximum level of public funding of eligible costs should, in the case of SMEs, research centres and universities, be fifty percent higher than for other entities.

| (12) | The Founding Members of the FCH Joint Undertaking should be the European Community and the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping (hereinafter the ‘Industry Grouping’), which represents the interests of industry and is open to private companies. A Research Grouping may become a member of the FCH Joint Undertaking. |
| --- | --- |

(12)

The Founding Members of the FCH Joint Undertaking should be the European Community and the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping (hereinafter the ‘Industry Grouping’), which represents the interests of industry and is open to private companies. A Research Grouping may become a member of the FCH Joint Undertaking.

| (12) | The Founding Members of the FCH Joint Undertaking should be the European Community
  , represented by the Commission,
  and the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping (hereinafter the ‘Industry Grouping’), which represents the interests of industry and is open to private companies
  and fuel cell and hydrogen industry associations
  . A Research Grouping may become a member of the FCH Joint Undertaking. |
| --- | --- |

(12)

The Founding Members of the FCH Joint Undertaking should be the European Community
  , represented by the Commission,
  and the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping (hereinafter the ‘Industry Grouping’), which represents the interests of industry and is open to private companies
  and fuel cell and hydrogen industry associations
  . A Research Grouping may become a member of the FCH Joint Undertaking.

| (13) | The running costs of the FCH Joint Undertaking should be covered equally in cash by the European Community and the Industry Grouping from the outset. If the Research Grouping is established it should contribute to
  1/12 of
  the running costs. |
| --- | --- |

(13)

The running costs of the FCH Joint Undertaking should be covered equally in cash by the European Community and the Industry Grouping from the outset. If the Research Grouping is established it should contribute to
  1/12 of
  the running costs.

| (13) | The running costs of the FCH Joint Undertaking should be covered equally in cash by the European Community and the Industry Grouping from the outset. If the Research Grouping is established it should
  also
  contribute to the running costs. |
| --- | --- |

(13)

The running costs of the FCH Joint Undertaking should be covered equally in cash by the European Community and the Industry Grouping from the outset. If the Research Grouping is established it should
  also
  contribute to the running costs.

| (13a) | The running costs, and in particular the administrative costs, should be kept to an absolute minimum and full use should be made of the resources and organisational systems of existing bodies. |
| --- | --- |

(13a)

The running costs, and in particular the administrative costs, should be kept to an absolute minimum and full use should be made of the resources and organisational systems of existing bodies.

| (14) | The operational costs
  for RTD&D
  should be funded by the Community
  and the private sector
  . |
| --- | --- |

(14)

The operational costs
  for RTD&D
  should be funded by the Community
  and the private sector
  .

| (14) | The operational costs should be funded by the Community
  , industry and other public and private legal entities participating in the activities. Further financing may be available, inter alia, from the European Investment Bank (EIB), in particular under the Risk-Sharing Finance Facility developed jointly by the EIB and the Commission pursuant to Annex III to Decision No 2006/971/EC. |
| --- | --- |

(14)

The operational costs should be funded by the Community
  , industry and other public and private legal entities participating in the activities. Further financing may be available, inter alia, from the European Investment Bank (EIB), in particular under the Risk-Sharing Finance Facility developed jointly by the EIB and the Commission pursuant to Annex III to Decision No 2006/971/EC.

| (14a) | The need to ensure stable employment conditions and equal treatment of staff and to attract specialised scientific and technical staff of the highest calibre requires that the Commission be authorised to second as many officials as it regards necessary to the FCH Joint Undertaking. The remaining staff should be recruited by the FCH Joint Undertaking in accordance with the host country employment regulations. |
| --- | --- |

(14a)

The need to ensure stable employment conditions and equal treatment of staff and to attract specialised scientific and technical staff of the highest calibre requires that the Commission be authorised to second as many officials as it regards necessary to the FCH Joint Undertaking. The remaining staff should be recruited by the FCH Joint Undertaking in accordance with the host country employment regulations.

| (15) | The FCH Joint Undertaking should be a body set up by the Community and discharge for the implementation of its budget should be given by the European Parliament
  on the
  recommendation of the Council.
  However, account should be taken of the specificities resulting from the nature of the JTI as a public-private partnership and in particular from the private-sector contribution to the budget
  . |
| --- | --- |

(15)

The FCH Joint Undertaking should be a body set up by the Community and discharge for the implementation of its budget should be given by the European Parliament
  on the
  recommendation of the Council.
  However, account should be taken of the specificities resulting from the nature of the JTI as a public-private partnership and in particular from the private-sector contribution to the budget
  .

| (15) | The FCH Joint Undertaking should be a body set up by the Community and discharge for the implementation of its budget should be given by the European Parliament,
  taking into account a
  recommendation of the Council. |
| --- | --- |

(15)

The FCH Joint Undertaking should be a body set up by the Community and discharge for the implementation of its budget should be given by the European Parliament,
  taking into account a
  recommendation of the Council.

| (16) | The FCH Joint Undertaking
  should adopt, subject to prior consultation with the Commission, specific financial provisions based on the principles of the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities. Those provisions should take into account
  its specific operating needs
  arising,
  in particular,
  from
  the need to combine Community and private funding. |
| --- | --- |

(16)

The FCH Joint Undertaking
  should adopt, subject to prior consultation with the Commission, specific financial provisions based on the principles of the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities. Those provisions should take into account
  its specific operating needs
  arising,
  in particular,
  from
  the need to combine Community and private funding.

| (16) | The financial rules applicable to
  the FCH Joint Undertaking 
  should not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (3), unless
  its specific operating needs
  so require,
  in particular, the need to combine Community and private funding.
  The prior consent of the Commission should be required for the adoption of any rules which derogate from Regulation (EC, Euratom) No 2343/2002. The budgetary authority should be informed of such derogation. |
| --- | --- |

(16)

The financial rules applicable to
  the FCH Joint Undertaking 
  should not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (3), unless
  its specific operating needs
  so require,
  in particular, the need to combine Community and private funding.
  The prior consent of the Commission should be required for the adoption of any rules which derogate from Regulation (EC, Euratom) No 2343/2002. The budgetary authority should be informed of such derogation.

1.   For the implementation of the Joint Technology Initiative (hereinafter ‘JTI’) on ‘Fuel Cells and Hydrogen’, a Joint Undertaking (hereinafter the ‘FCH Joint Undertaking’) within the meaning of Article 171 of the Treaty is hereby set up for a period ending on 31 December 2017.
  This period may be extended by a revision of this Regulation
  .

1.   For the implementation of the Joint Technology Initiative (hereinafter ‘JTI’) on ‘Fuel Cells and Hydrogen’, a Joint Undertaking (hereinafter the ‘FCH Joint Undertaking’) within the meaning of Article 171 of the Treaty is hereby set up for a period ending on 31 December 2017.
  It shall be ensured that, after the last call for proposals in 2013, projects still in progress are implemented, monitored and funded until 2017
  .

2.   The FCH Joint Undertaking shall
  have legal personality
  . In the Member States
  ,
  it shall enjoy the most extensive legal capacity accorded to legal persons under the laws of those States. It may, in particular, acquire or dispose of movable and immovable property and be a party to legal proceedings.

2.   The FCH Joint Undertaking shall
  be a body as referred to in Article 185 of the Financial Regulation and Point 47 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management of 17 May 2006 (4).
  In
  all
  the Member States it shall enjoy the most extensive legal capacity accorded to legal persons under the laws of those states. It may, in particular, acquire and dispose of movable and immovable property and be a party to legal proceedings.

3.
     
  The FCH Joint Undertaking shall be considered as an international body within the meaning of Article 22(c) of Directive 2004/17/EC and of Article 15(c) of Directive 2004/18/EC.

4.   The FCH Joint Undertaking shall be located in Brussels, Belgium.

4.   The FCH Joint Undertaking shall be located in Brussels, Belgium.

5.   The Statutes of the FCH Joint Undertaking are set out in Annex.

5.   The Statutes of the FCH Joint Undertaking are set out in Annex.

2.   It shall, in particular:

2.   It shall, in particular:

| (– a) | aim at placing the European Union at the forefront of fuel cell and hydrogen technologies and at enabling the market breakthrough of fuel cell and hydrogen technologies, so that the substantial benefits expected of such technology can be achieved by the market; |
| --- | --- |

(– a)

aim at placing the European Union at the forefront of fuel cell and hydrogen technologies and at enabling the market breakthrough of fuel cell and hydrogen technologies, so that the substantial benefits expected of such technology can be achieved by the market;

| (a) | support research, technological development and demonstration
  (RTD&D)
  in the Member States and Associated countries in a coordinated manner to overcome the market failure and focus on developing market applications and thereby facilitate additional industrial efforts towards a rapid deployment of fuel cells and hydrogen technologies; |
| --- | --- |

(a)

support research, technological development and demonstration
  (RTD&D)
  in the Member States and Associated countries in a coordinated manner to overcome the market failure and focus on developing market applications and thereby facilitate additional industrial efforts towards a rapid deployment of fuel cells and hydrogen technologies;

| (a) | support research, technological development and demonstration
  (RTD)
  in the Member States and
  countries associated with the Seventh Framework Programme (hereafter referred to as
  ‘Associated
  Countries’)
  in a coordinated manner to overcome the market failure and focus on developing market applications and thereby facilitate additional industrial efforts towards a rapid deployment of fuel cells and hydrogen technologies; |
| --- | --- |

(a)

support research, technological development and demonstration
  (RTD)
  in the Member States and
  countries associated with the Seventh Framework Programme (hereafter referred to as
  ‘Associated
  Countries’)
  in a coordinated manner to overcome the market failure and focus on developing market applications and thereby facilitate additional industrial efforts towards a rapid deployment of fuel cells and hydrogen technologies;

| (b) | support the implementation of the research priorities of the JTI on Fuel Cells and Hydrogen, notably by awarding grants following competitive calls for proposals; |
| --- | --- |

(b)

support the implementation of the research priorities of the JTI on Fuel Cells and Hydrogen, notably by awarding grants following competitive calls for proposals;

| (b) | support the implementation of the research priorities of the JTI on Fuel Cells and Hydrogen,
  including breakthrough-oriented research,
  notably by awarding grants following competitive calls for proposals; |
| --- | --- |

(b)

support the implementation of the research priorities of the JTI on Fuel Cells and Hydrogen,
  including breakthrough-oriented research,
  notably by awarding grants following competitive calls for proposals;

| (c) | aim to encourage increased public and private research investment in fuel cells and hydrogen technologies in the Members States and Associated countries; |
| --- | --- |

(c)

aim to encourage increased public and private research investment in fuel cells and hydrogen technologies in the Members States and Associated countries;

| (c) | aim to encourage increased public and private research investment in fuel cells and hydrogen technologies in the Members States and Associated countries; |
| --- | --- |

(c)

aim to encourage increased public and private research investment in fuel cells and hydrogen technologies in the Members States and Associated countries;

| (d) | conclude service and supply contracts necessary for the functioning of the FCH Joint Undertaking; |
| --- | --- |

(d)

conclude service and supply contracts necessary for the functioning of the FCH Joint Undertaking;

| (e) | ensure the efficiency and effectiveness of the JTI on Fuel Cells and Hydrogen. |
| --- | --- |

(e)

ensure the efficiency and effectiveness of the JTI on Fuel Cells and Hydrogen.

Article 3

Members

1.
     
  The founding members of the FCH Joint Undertaking (hereinafter ‘founding members’) shall be:

| (a) | the European Community, represented by the Commission, and |
| --- | --- |

(a)

the European Community, represented by the Commission, and

| (b) | the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping Aisbl established under Belgian law (hereinafter the ‘Industry Grouping’). |
| --- | --- |

(b)

the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping Aisbl established under Belgian law (hereinafter the ‘Industry Grouping’).

2.
     
  A Research Grouping, representing non-profit research organisations, universities and research centres, may become a member (hereinafter the ‘member’) provided that an entity to represent the research community has been established. If the Research Grouping is set up it shall have one seat in the Governing Board.

deleted

Article 4

Bodies

1.
     
  Executive bodies of the FCH Joint Undertaking shall be:

| (a) | the Governing Board, and |
| --- | --- |

(a)

the Governing Board, and

| (b) | the Programme Office. |
| --- | --- |

(b)

the Programme Office.

2.
     
  Advisory bodies of the FCH Joint Undertaking shall be:

| (a) | the High Level Member States Group, and |
| --- | --- |

(a)

the High Level Member States Group, and

| (b) | the Scientific Committee. |
| --- | --- |

(b)

the Scientific Committee.

3.
     
  The Stakeholders General Assembly shall be a forum for consultation on the progress, state of the art, future alignment and direction of the research activities.

The Stakeholders General Assembly shall be open to all public and private stakeholders, international interests groups from Member States as well as from third countries. It shall be convened once a year.

deleted

Sources of financing

Community contribution

1.
     
  The activities of the FCH Joint Undertaking shall be jointly funded through contributions from its founding members and member. In addition, contributions to the projects may also be accepted from Member States, Associated States, regions or other stakeholders sharing the objectives of the JTI.

2.
     
  The running costs of the FCH Joint Undertaking shall be covered equally in cash by the European Community and the Industry Grouping from the outset. If the Research Grouping is established it shall contribute to 1/12 of the running costs. In such a case, the Commission contribution will decrease correspondingly.

3.
     
  The operational costs for RTD&D shall be jointly funded through the financial contribution of the Community and through in-kind contributions from the private legal entities participating in the activities, corresponding to an amount at least equal to the Community's contributions.

4.   The
  maximum
  Community contribution to the FCH Joint Undertaking running costs and operational costs shall be 470 million
  EUR. The running costs are estimated not to exceed 20 million EUR. The contributions shall come from the ‘Cooperation’
  Specific Programme implementing the Seventh Framework Programme for research, technological development and demonstration (2007-2013) implementing the Community budget according to the provisions of Article 54(2)(b) of Regulation (EC, Euratom) No 1605/2002.
  The arrangements for the Community financial contribution shall be established by means of a general agreement and annual financial agreements to be concluded between the Commission, on behalf of the Community, and
  the FCH Joint Undertaking.

4.   The
  initial
  Community contribution to the FCH Joint Undertaking running costs
  (including administrative costs)
  and operational costs shall be
  EUR
  470 million.
  The contribution shall be paid from the appropriations in the general budget of the European Union allocated to the ‘Energy’, ‘Nanosciences, Nanotechnologies, Materials and New Production Technologies’, ‘Environment (including Climate Change)’, and ‘Transport (including Aeronautics)’ themes of the
  Specific Programme
  Cooperation
  implementing the Seventh Framework Programme for research, technological development and demonstration (2007-2013) implementing the Community budget according to the provisions of Article 54(2)(b) of Regulation (EC, Euratom) No 1605/2002.
  This contribution may be revised during a mid-term review in light of progress made and the achievements and impact of
  the FCH Joint Undertaking.

5.   
  Unless funding is provided after 2013 (when FP7 ends) only projects for which a grant agreement has been signed at the latest by 31 December 2013 shall continue in the years 2014-2017.

5.   
  The arrangements for the Community financial contribution shall be established by means of a general agreement and annual financial agreements to be concluded between the Commission, on behalf of the Community, and the FCH Joint Undertaking.

5a.
     
  The part of the Community contribution to the FCH Joint Undertaking for the funding of RTD activities shall be granted following open, competitive calls for proposals and an evaluation, completed with the assistance of independent experts, of the proposed project.

5b.
     
  The Commission's contribution to running costs shall not exceed EUR 20 million, payable in annual instalments of up to EUR 2 million; any part of this contribution not spent during the current year shall be made available in the following years for the RTD activities.

Article 6

Participation in projects

1.
     
  Participation in projects shall be open to legal entities and international organisations established in a Member State, and Associated Country or any third country once the minimum conditions have been satisfied.

2.
     
  The minimum conditions to be fulfilled for projects funded by the FCH Joint Undertaking shall be the following:

| (a) | at least three legal entities must participate, each of which must be established in a Member State or Associated country, and no two of which may be established in the same Member State or Associated country; |
| --- | --- |

(a)

at least three legal entities must participate, each of which must be established in a Member State or Associated country, and no two of which may be established in the same Member State or Associated country;

| (b) | all three legal entities must be independent of each other as defined in Article 6 of Regulation (EC) No 1906/2006 of the European Parliament and of the Council laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013); |
| --- | --- |

(b)

all three legal entities must be independent of each other as defined in Article 6 of Regulation (EC) No 1906/2006 of the European Parliament and of the Council laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013);

| (c) | at least one legal entity must be a member of the Industry Grouping or the Research Grouping, if such Research Grouping is established. |
| --- | --- |

(c)

at least one legal entity must be a member of the Industry Grouping or the Research Grouping, if such Research Grouping is established.

3.
     
  The legal entities wishing to participate in a project shall form a consortium and appoint one of their members to act as its coordinator. Normally the coordinator shall be a member of the Industry Grouping, or a member of the Research Grouping, if such Research Grouping is established. Exceptions shall be approved by the Governing Board.

4.
     
  The minimum condition for service and supply contracts, support actions, studies and training activities funded by the FCH Joint Undertaking shall be the participation of one legal entity.

deleted

Article 7

Eligibility for funding

1.
     
  The Community contribution to the FCH Joint Undertaking for the funding of the RTD&D activities shall be granted following competitive calls for proposals.

2.
     
  In exceptional cases the FCH Joint Undertaking may issue calls for tenders, if it is deemed appropriate for the effective pursuance of the research objectives.

3.
     
  Private legal entities fulfilling all the following criteria shall be eligible for such funding:

| (a) | they are established in a Member State or have their registered office, central or principal place of business within a state that is a contracting party to the European Economic Area Agreement or which is an Associated or Candidate country; |
| --- | --- |

(a)

they are established in a Member State or have their registered office, central or principal place of business within a state that is a contracting party to the European Economic Area Agreement or which is an Associated or Candidate country;

| (b) | they have relevant activities in RTD&D, industrialization or deployment for fuel cells and/or hydrogen and/or concrete plans to do so in the near future within the European Union or the European Economic Area. |
| --- | --- |

(b)

they have relevant activities in RTD&D, industrialization or deployment for fuel cells and/or hydrogen and/or concrete plans to do so in the near future within the European Union or the European Economic Area.

4.
     
  The following shall also be eligible for funding:

| (a) | non-profit public bodies established in a Member State, Associated country, Candidate Country or within the EEA, including secondary and higher education establishments; |
| --- | --- |

(a)

non-profit public bodies established in a Member State, Associated country, Candidate Country or within the EEA, including secondary and higher education establishments;

| (b) | international organisations, which have legal personality under international public law, as well as any specialised agencies set up by such intergovernmental organisations; |
| --- | --- |

(b)

international organisations, which have legal personality under international public law, as well as any specialised agencies set up by such intergovernmental organisations;

| (c) | legal entities from third countries, provided that the Governing Board considers their participation to be of particular benefit to the project. |
| --- | --- |

(c)

legal entities from third countries, provided that the Governing Board considers their participation to be of particular benefit to the project.

deleted

1.   The FCH Joint
  Undertaking's financial provisions shall be based on the principles of Regulation (EC, Euratom) No 1605/2002. It may depart from Regulation (EC, Euratom) No 1605/2002 where the
  specific operating needs
  of the FCH Joint Undertaking
  so require
  ,
  subject to prior consent of the Commission.

1.   
  The financial rules applicable to
  the FCH Joint
  Undertaking shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its
  specific operating needs so require and subject to prior consent of the Commission.
  The budgetary authority shall be informed of such derogation.

1.   
  The Staff Regulations of Officials of the European Communities, the Conditions of Employment of Other Servants of the European Communities and the rules adopted jointly by the European Community institutions for the purpose of applying these Staff Regulations and Conditions of Employment shall apply to the staff of the
  FCH Joint Undertaking.

1.   
  The
  FCH Joint Undertaking
  shall recruit its staff in accordance with the employment rules in force in the host country. The Commission may second to the FCH Joint Undertaking as many officials as it regards necessary
  .

2.
     
  In respect of its staff, the FCH Joint Undertaking shall exercise the powers conferred on the appointing authority by the Staff Regulations of Officials of the European Communities and on the authority empowered to conclude contracts by the Conditions of Employment of Other Servants of the European Communities.

deleted

3.   The Governing Board shall, in agreement with the Commission, adopt the necessary implementing measures
  , in accordance with Article 110 of the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants
  of the European Communities.

3.   The Governing Board shall, in agreement with the Commission, adopt the necessary implementing measures
  concerning the secondment of officials
  of the European Communities.

Article 10

Privileges and Immunities

The Protocol on the Privileges and Immunities of the European Communities shall apply to the FCH Joint Undertaking and its staff.

deleted

1.   The Commission shall present to the European Parliament and to the Council an annual report on the progress achieved by the FCH Joint Undertaking.

1.   The Commission shall present to the European Parliament and to the Council an annual report on the progress achieved by the FCH Joint Undertaking.
  The report shall include the number of proposals submitted, the number of proposals selected for funding, the types of participant (including SMEs) and country statistics.

2.   
  Two years after the establishment of the FCH Joint Undertaking, but in any case
  no later than
  2010
  , the Commission shall
  conduct an
  interim
  evaluation
  of the FCH Joint Undertaking with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the FCH Joint Undertaking and progress towards its objectives. The Commission shall communicate the conclusions thereof, accompanied by its observations to the European Parliament and to the Council.

2.   
  By
  no later than
  31 December 2011 and 31 December 2014
  , the Commission shall
  present
  interim
  evaluations
  of the FCH Joint Undertaking
  carried out
  with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the FCH Joint Undertaking and progress towards its objectives. The Commission shall communicate the conclusions thereof, accompanied by its observations
  and, where appropriate, proposals for the amendment of this Regulation
  to the European Parliament and to the Council.

3.   
  At the end of 2017
  , the Commission shall conduct a final evaluation of the FCH Joint Undertaking with the assistance of independent experts. The results of the final evaluation shall be presented to the European Parliament and to the Council.

3.   
  No later than six months after the end of the FCH Joint Undertaking
  , the Commission shall conduct a final evaluation of the FCH Joint Undertaking with the assistance of independent experts. The results of the final evaluation shall be presented to the European Parliament and to the Council.

4.   Discharge for the implementation of the budget of the FCH Joint Undertaking shall be given by the European Parliament, 
  upon
  recommendation of the Council
  , in accordance with a procedure laid down by the Financial Regulation of the FCH Joint Undertaking
  .

4.   Discharge for the implementation of the budget of the FCH Joint Undertaking shall be given by the European Parliament, 
  taking into account a
  recommendation of the Council.

The FCH Joint Undertaking shall adopt rules governing the use and dissemination of
  RTD&D results, including provisions concerning the exercise
  , where appropriate,
  of
  intellectual property
  rights generated in RTD&D
  activities under this Regulation.
  These rules shall
  ensure that
  RTD&D
  results are used and disseminated.

The FCH Joint Undertaking shall adopt rules governing the use and dissemination of
  research results based on the principles enshrined in Regulation (EC) 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013) (5) (hereafter referred to as ‘the rules for participation in the Seventh Framework Programme’), that ensure that
  , where appropriate, intellectual property
  arising by virtue of RTD
  activities under this Regulation
  is protected, and that research
  results are used and disseminated.

A host agreement shall be concluded between the FCH Joint Undertaking and Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the FCH Joint Undertaking.

A host agreement shall be concluded between the FCH Joint Undertaking and Belgium concerning
  the host State's assistance with regard to
  office accommodation, privileges and immunities and other support to be provided by Belgium to the FCH Joint Undertaking.

| 3. | The FCH Joint Undertaking shall be established as from the day of publication of this Regulation in the Official Journal of the European Union for an initial period ending on 31 December 2017. |
| --- | --- |

3.

The FCH Joint Undertaking shall be established as from the day of publication of this Regulation in the Official Journal of the European Union for an initial period ending on 31 December 2017.

| 3. | The FCH Joint Undertaking shall be established as from the day of publication of this Regulation in the Official Journal of the European Union for an initial period ending on 31 December 2017.
  It is a body as referred to in Article 185 of the Financial Regulation and Point 47 of the IIA of 17 May 2006. |
| --- | --- |

3.

The FCH Joint Undertaking shall be established as from the day of publication of this Regulation in the Official Journal of the European Union for an initial period ending on 31 December 2017.
  It is a body as referred to in Article 185 of the Financial Regulation and Point 47 of the IIA of 17 May 2006.

Objectives and main


  tasks

Main


  tasks


  and activities

| 1. | The
  FCH Joint Undertaking shall
  work within the scope of FP7 towards enabling the market breakthrough of fuel cell and hydrogen technologies, thereby allowing commercial market forces to drive the substantial potential public benefits. |
| --- | --- |

1.

The
  FCH Joint Undertaking shall
  work within the scope of FP7 towards enabling the market breakthrough of fuel cell and hydrogen technologies, thereby allowing commercial market forces to drive the substantial potential public benefits.

| 1. | The main tasks and activities of the
  FCH Joint Undertaking shall
  be the following: |
| --- | --- |

1.

The main tasks and activities of the
  FCH Joint Undertaking shall
  be the following:

| 2. | The objectives include: |
| --- | --- |

2.

| — | to place Europe at the forefront of fuel cell and hydrogen technologies worldwide; |
| --- | --- |

—

to place Europe at the forefront of fuel cell and hydrogen technologies worldwide;

| (a) | to ensure the establishment and efficient management of the Joint Technology Initiative on Fuel Cells and Hydrogen; |
| --- | --- |

(a)

to ensure the establishment and efficient management of the Joint Technology Initiative on Fuel Cells and Hydrogen;

| — | to reach the critical mass of research effort to give confidence to industry, public and private investors, decision-makers and other stakeholders to embark on a long-term programme; |
| --- | --- |

—

to reach the critical mass of research effort to give confidence to industry, public and private investors, decision-makers and other stakeholders to embark on a long-term programme;

| (b) | to reach the critical mass of research effort to give confidence to industry, public and private investors, decision-makers and other stakeholders to embark on a long-term programme; |
| --- | --- |

(b)

to reach the critical mass of research effort to give confidence to industry, public and private investors, decision-makers and other stakeholders to embark on a long-term programme;

| — | to leverage further industrial, national and regional RTD&D investment; |
| --- | --- |

—

to leverage further industrial, national and regional RTD&D investment;

| (c) | to leverage further industrial, national and regional RTD&D investment; |
| --- | --- |

(c)

to leverage further industrial, national and regional RTD&D investment;

| — | to build the European Research Area through close cooperation with research carried out at national and regional levels — whilst respecting subsidiarity; |
| --- | --- |

—

to build the European Research Area through close cooperation with research carried out at national and regional levels — whilst respecting subsidiarity;

| — | to integrate research, technological development and demonstration, and focus on achieving long-term sustainability and industrial competitiveness targets for cost, performance and durability and overcome critical technology bottlenecks; |
| --- | --- |

—

to integrate research, technological development and demonstration, and focus on achieving long-term sustainability and industrial competitiveness targets for cost, performance and durability and overcome critical technology bottlenecks;

| (d) | to integrate research, technological development and demonstration, and focus on achieving long-term sustainability and industrial competitiveness targets for cost, performance and durability and overcome critical technology bottlenecks; |
| --- | --- |

(d)

to integrate research, technological development and demonstration, and focus on achieving long-term sustainability and industrial competitiveness targets for cost, performance and durability and overcome critical technology bottlenecks;

| — | to stimulate innovation and the emergence of new value chains including SMEs; |
| --- | --- |

—

to stimulate innovation and the emergence of new value chains including SMEs;

| (e) | to stimulate innovation and the emergence of new value chains including SMEs; |
| --- | --- |

(e)

to stimulate innovation and the emergence of new value chains including SMEs;

| — | to facilitate the interaction between industry, universities and research centres including on basic research; |
| --- | --- |

—

to facilitate the interaction between industry, universities and research centres including on basic research;

| (f) | to facilitate the interaction between industry, universities and research centres including on basic research; |
| --- | --- |

(f)

to facilitate the interaction between industry, universities and research centres including on basic research;

| (g) | to promote the involvement of SMEs in its activities, in accordance with the objectives of the Seventh Framework Programme; |
| --- | --- |

(g)

to promote the involvement of SMEs in its activities, in accordance with the objectives of the Seventh Framework Programme;

| — | to encourage the participation of institutions from all
  , including the new
  Member States and
  Candidate
  countries; |
| --- | --- |

—

to encourage the participation of institutions from all
  , including the new
  Member States and
  Candidate
  countries;

| (h) | to encourage the participation of institutions from all Member States and
  Associated
  countries; |
| --- | --- |

(h)

to encourage the participation of institutions from all Member States and
  Associated
  countries;

| — | to perform broadly-conceived socio-techno-economic research to assess and monitor technological progress and non-technical barriers to market entry; |
| --- | --- |

—

to perform broadly-conceived socio-techno-economic research to assess and monitor technological progress and non-technical barriers to market entry;

| (i) | to perform broadly-conceived socio-techno-economic research to assess and monitor technological progress and non-technical barriers to market entry; |
| --- | --- |

(i)

to perform broadly-conceived socio-techno-economic research to assess and monitor technological progress and non-technical barriers to market entry;

| — | to perform research to support the development of new, and review existing regulations and standards to eliminate artificial barriers to market entry and support interchangeability, inter-operability, cross-border hydrogen trading, and export markets whilst ensuring safe operation and not inhibiting innovation; |
| --- | --- |

—

to perform research to support the development of new, and review existing regulations and standards to eliminate artificial barriers to market entry and support interchangeability, inter-operability, cross-border hydrogen trading, and export markets whilst ensuring safe operation and not inhibiting innovation;

| (j) | to perform research to support the development of new, and review existing regulations and standards to eliminate artificial barriers to market entry and support interchangeability, inter-operability, cross-border hydrogen trading, and export markets whilst ensuring safe operation and not inhibiting innovation; |
| --- | --- |

(j)

to perform research to support the development of new, and review existing regulations and standards to eliminate artificial barriers to market entry and support interchangeability, inter-operability, cross-border hydrogen trading, and export markets whilst ensuring safe operation and not inhibiting innovation;

| — | to provide reliable information to improve the public awareness and create public acceptance concerning hydrogen safety, and the benefits from the new technologies to the environment, security of supply, energy costs, and employment. |
| --- | --- |

—

to provide reliable information to improve the public awareness and create public acceptance concerning hydrogen safety, and the benefits from the new technologies to the environment, security of supply, energy costs, and employment.

| (k) | to communicate and disseminate valuable information concerning its activities, especially to SMEs and research centres and
  to provide reliable information to improve the public awareness and create public acceptance concerning hydrogen safety, and the benefits from the new technologies to the environment, security of supply, energy costs, and employment. |
| --- | --- |

(k)

to communicate and disseminate valuable information concerning its activities, especially to SMEs and research centres and
  to provide reliable information to improve the public awareness and create public acceptance concerning hydrogen safety, and the benefits from the new technologies to the environment, security of supply, energy costs, and employment.

| 3. | The main tasks of the FCH Joint Undertaking shall be to ensure the establishment and the efficient management of the Joint Technology Initiative on Fuel Cells and Hydrogen. |
| --- | --- |

3.

| 4. | This includes: |
| --- | --- |

4.

| — | to establish and implement a multi-annual research activity plan; |
| --- | --- |

—

to establish and implement a multi-annual research activity plan;

| (l) | to establish and implement a multi-annual research activity plan; |
| --- | --- |

(l)

to establish and implement a multi-annual research activity plan;

| — | to commit the Community funding and mobilise the private-sector and other public-sector resources needed to implement its
  RTD&D
  activities; |
| --- | --- |

—

to commit the Community funding and mobilise the private-sector and other public-sector resources needed to implement its
  RTD&D
  activities;

| (m) | to commit the Community funding and mobilise the private-sector and other public-sector resources needed to implement its
  RTD
  activities; |
| --- | --- |

(m)

to commit the Community funding and mobilise the private-sector and other public-sector resources needed to implement its
  RTD
  activities;

| — | to ensure the sound operation of the
  RTD&D
  activities and sound financial management of the resources; |
| --- | --- |

—

to ensure the sound operation of the
  RTD&D
  activities and sound financial management of the resources;

| (n) | to ensure the sound operation of the
  RTD
  activities and sound financial management of the resources; |
| --- | --- |

(n)

to ensure the sound operation of the
  RTD
  activities and sound financial management of the resources;

| — | to cooperate with and consult with the High Level Member States Group; |
| --- | --- |

—

to cooperate with and consult with the High Level Member States Group;

| — | to cooperate with and consult with the Scientific Committee; |
| --- | --- |

—

to cooperate with and consult with the Scientific Committee;

| — | to organise annual meetings of the Stakeholders' General Assembly; |
| --- | --- |

—

to organise annual meetings of the Stakeholders' General Assembly;

| — | to communicate and disseminate information on the projects, including the names of the participants, the results from the
  RTD&D
  activities, and the amount of the financial contribution from the FCH Joint Undertaking; |
| --- | --- |

—

to communicate and disseminate information on the projects, including the names of the participants, the results from the
  RTD&D
  activities, and the amount of the financial contribution from the FCH Joint Undertaking;

| (o) | to communicate and disseminate information on the projects, including the names of the participants, the results from the
  RTD
  activities, and the amount of the financial contribution from the FCH Joint Undertaking; |
| --- | --- |

(o)

to communicate and disseminate information on the projects, including the names of the participants, the results from the
  RTD
  activities, and the amount of the financial contribution from the FCH Joint Undertaking;

| — | to notify the legal entities that have concluded a Grant Agreement with the FCH Joint Undertaking of the potential borrowing opportunities from the European Investment Bank, in particular the Risk Sharing Finance Facility set up under the Seventh Framework Programme; |
| --- | --- |

—

to notify the legal entities that have concluded a Grant Agreement with the FCH Joint Undertaking of the potential borrowing opportunities from the European Investment Bank, in particular the Risk Sharing Finance Facility set up under the Seventh Framework Programme;

| (p) | to notify the legal entities that have concluded a Grant Agreement with the FCH Joint Undertaking of the potential borrowing opportunities from the European Investment Bank, in particular the Risk Sharing Finance Facility set up under the Seventh Framework Programme; |
| --- | --- |

(p)

to notify the legal entities that have concluded a Grant Agreement with the FCH Joint Undertaking of the potential borrowing opportunities from the European Investment Bank, in particular the Risk Sharing Finance Facility set up under the Seventh Framework Programme;

| — | to ensure a high level of transparency and fair competition under equal access conditions for all applicants to the research and demonstration activities of the FCH Joint Undertaking, whether or not they are members of the Research Grouping or the Industry Grouping, (in particular small and medium-sized enterprises); |
| --- | --- |

—

to ensure a high level of transparency and fair competition under equal access conditions for all applicants to the research and demonstration activities of the FCH Joint Undertaking, whether or not they are members of the Research Grouping or the Industry Grouping, (in particular small and medium-sized enterprises);

| (q) | to ensure a high level of transparency and fair competition under equal access conditions for all applicants to the research and demonstration activities of the FCH Joint Undertaking, whether or not they are members of the Research Grouping or the Industry Grouping, (in particular small and medium-sized enterprises); |
| --- | --- |

(q)

to ensure a high level of transparency and fair competition under equal access conditions for all applicants to the research and demonstration activities of the FCH Joint Undertaking, whether or not they are members of the Research Grouping or the Industry Grouping, (in particular small and medium-sized enterprises);

| — | to follow the international developments in the area and engage in international cooperation when appropriate. |
| --- | --- |

—

to follow the international developments in the area and engage in international cooperation when appropriate.

| (r) | to follow the international developments in the area and engage in international cooperation when appropriate. |
| --- | --- |

(r)

to follow the international developments in the area and engage in international cooperation when appropriate.

| (s) | to develop close cooperation and ensure coordination with the Seventh Framework Programme and other EU, national and trans-national activities, bodies and stakeholders; |
| --- | --- |

(s)

to develop close cooperation and ensure coordination with the Seventh Framework Programme and other EU, national and trans-national activities, bodies and stakeholders;

| (t) | to monitor progress toward achievement of the objectives of the FCH Joint Undertaking; |
| --- | --- |

(t)

to monitor progress toward achievement of the objectives of the FCH Joint Undertaking;

| (u) | to carry out any other activity needed to achieve its objectives. |
| --- | --- |

(u)

to carry out any other activity needed to achieve its objectives.

Members

  and interest groups

Members

| 1. | The founding members (hereinafter referred to as the ‘Founding Members’) of the FCH Joint Undertaking shall be: |
| --- | --- |

1.

The founding members (hereinafter referred to as the ‘Founding Members’) of the FCH Joint Undertaking shall be:

| 1. | The founding members (hereinafter referred to as the ‘Founding Members’) of the FCH Joint Undertaking shall be: |
| --- | --- |

1.

The founding members (hereinafter referred to as the ‘Founding Members’) of the FCH Joint Undertaking shall be:

| — | the European Community, represented by the European Commission, and |
| --- | --- |

—

the European Community, represented by the European Commission, and

| (a) | the European Community, represented by the European Commission, and |
| --- | --- |

(a)

the European Community, represented by the European Commission, and

| — | the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping Aisbl established under Belgian law (hereinafter referred to as the ‘Industry Grouping’). |
| --- | --- |

—

the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping Aisbl established under Belgian law (hereinafter referred to as the ‘Industry Grouping’).

| (b) | upon acceptance of the Statutes,
  the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping Aisbl
  , a non-profit organisation
  established under Belgian law
  whose purpose is to contribute to achieving the objectives of the FCH Joint Undertaking
  (hereinafter referred to as the ‘Industry Grouping’). |
| --- | --- |

(b)

upon acceptance of the Statutes,
  the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping Aisbl
  , a non-profit organisation
  established under Belgian law
  whose purpose is to contribute to achieving the objectives of the FCH Joint Undertaking
  (hereinafter referred to as the ‘Industry Grouping’).

| 2. | The Industry Grouping: |
| --- | --- |

2.

The Industry Grouping:

| 2. | The Industry Grouping
  shall
  : |
| --- | --- |

2.

The Industry Grouping
  shall
  :

| — | is a non-profit organisation whose purpose is to contribute to achieving the objectives of the FCH Joint Undertaking; |
| --- | --- |

—

is a non-profit organisation whose purpose is to contribute to achieving the objectives of the FCH Joint Undertaking;

| — | is legally established under Belgian law, and operating under its registered by-laws duly adopted to pertain to the Joint Technology Initiative; |
| --- | --- |

—

is legally established under Belgian law, and operating under its registered by-laws duly adopted to pertain to the Joint Technology Initiative;

| — | shall
  ensure that its contribution to the resources of the FCH Joint Undertaking, according to
  Article 5 of
  this Regulation is provided in advance as a cash contribution to cover 50 % of the running costs of the FCH Joint Undertaking and transferred to the budget of the FCH Joint Undertaking before the start of each financial year; |
| --- | --- |

—

shall
  ensure that its contribution to the resources of the FCH Joint Undertaking, according to
  Article 5 of
  this Regulation is provided in advance as a cash contribution to cover 50 % of the running costs of the FCH Joint Undertaking and transferred to the budget of the FCH Joint Undertaking before the start of each financial year;

| — | ensure that its contribution to the resources of the FCH Joint Undertaking, according to
  the provisions of
  this Regulation is provided in advance as a cash contribution to cover 50 % of the running costs of the FCH Joint Undertaking and transferred to the budget of the FCH Joint Undertaking before the start of each financial year; |
| --- | --- |

—

ensure that its contribution to the resources of the FCH Joint Undertaking, according to
  the provisions of
  this Regulation is provided in advance as a cash contribution to cover 50 % of the running costs of the FCH Joint Undertaking and transferred to the budget of the FCH Joint Undertaking before the start of each financial year;

| — | shall
  ensure that industry's contribution to the achievement of the
  RTD&D
  activities funded by the FCH Joint Undertaking
  is provided in kind and covers a minimum of 50 % of the total project costs, calculated on a yearly basis
  ; |
| --- | --- |

—

shall
  ensure that industry's contribution to the achievement of the
  RTD&D
  activities funded by the FCH Joint Undertaking
  is provided in kind and covers a minimum of 50 % of the total project costs, calculated on a yearly basis
  ;

| — | ensure that industry's contribution to the achievement of the
  RTD
  activities funded by the FCH Joint Undertaking
  at least matches the Community contribution
  ; |
| --- | --- |

—

ensure that industry's contribution to the achievement of the
  RTD
  activities funded by the FCH Joint Undertaking
  at least matches the Community contribution
  ;

| — | is
  open to membership by any private legal entity (including small and medium-sized enterprises), formed in accordance with the law of a Member State
  ,
  Associated country
  or EEA state
  and having its registered office, central administration or principal place of business within the above area, provided it is active in the field of fuel cells and hydrogen in Europe, and is committed to contribute to the objectives and resources of the FCH Joint Undertaking. |
| --- | --- |

—

is
  open to membership by any private legal entity (including small and medium-sized enterprises), formed in accordance with the law of a Member State
  ,
  Associated country
  or EEA state
  and having its registered office, central administration or principal place of business within the above area, provided it is active in the field of fuel cells and hydrogen in Europe, and is committed to contribute to the objectives and resources of the FCH Joint Undertaking.

| — | be
  open to membership
  , on fair and reasonable terms,
  by any private legal entity (including small and medium-sized enterprises
  and relevant fuel cell and hydrogen industry associations
  ), formed in accordance with the law of a Member State
  or
  Associated country and having its registered office, central administration or principal place of business within the above area, provided it is active in the field of fuel cells and hydrogen in Europe, and is committed to contribute to the objectives and resources of the FCH Joint Undertaking. |
| --- | --- |

—

be
  open to membership
  , on fair and reasonable terms,
  by any private legal entity (including small and medium-sized enterprises
  and relevant fuel cell and hydrogen industry associations
  ), formed in accordance with the law of a Member State
  or
  Associated country and having its registered office, central administration or principal place of business within the above area, provided it is active in the field of fuel cells and hydrogen in Europe, and is committed to contribute to the objectives and resources of the FCH Joint Undertaking.

| 3. | A Research Grouping
  , representing non-profit research organisations, universities and research centres,
  may become a member, after the establishment of the FCH Joint Undertaking, provided
  an entity to represent the research community has been established. The application from the Research Grouping shall be addressed to and decided upon by the Governing Board. |
| --- | --- |

3.

A Research Grouping
  , representing non-profit research organisations, universities and research centres,
  may become a member, after the establishment of the FCH Joint Undertaking, provided
  an entity to represent the research community has been established. The application from the Research Grouping shall be addressed to and decided upon by the Governing Board.

| 3. | A Research Grouping may become a member, after the establishment of the FCH Joint Undertaking, provided
  that it has accepted these Statutes
  . |
| --- | --- |

3.

A Research Grouping may become a member, after the establishment of the FCH Joint Undertaking, provided
  that it has accepted these Statutes
  .

| 4. | The Research Grouping shall: |
| --- | --- |

4.

The Research Grouping shall:

| 4. | The Research Grouping shall: |
| --- | --- |

4.

The Research Grouping shall:

| — | be a non-profit organisation whose purpose is to contribute to achieving the objectives of the FCH Joint Undertaking; |
| --- | --- |

—

be a non-profit organisation whose purpose is to contribute to achieving the objectives of the FCH Joint Undertaking;

| — | be a non-profit organisation whose purpose is to contribute to achieving the objectives of the FCH Joint Undertaking; |
| --- | --- |

—

be a non-profit organisation whose purpose is to contribute to achieving the objectives of the FCH Joint Undertaking;

| — | be legally established under Belgian law and operate under its registered by-laws duly adopted to pertain to the Joint Technology Initiative; |
| --- | --- |

—

be legally established under Belgian law and operate under its registered by-laws duly adopted to pertain to the Joint Technology Initiative;

| — | be legally established under Belgian law and operate under its registered by-laws duly adopted to pertain to the Joint Technology Initiative; |
| --- | --- |

—

be legally established under Belgian law and operate under its registered by-laws duly adopted to pertain to the Joint Technology Initiative;

| — | ensure that its contribution to the resources of the FCH Joint Undertaking is provided in advance as a cash contribution to cover
  1/12
  of the running costs of the FCH Joint Undertaking and transferred to the budget of the FCH Joint Undertaking before the start of each financial year; |
| --- | --- |

—

ensure that its contribution to the resources of the FCH Joint Undertaking is provided in advance as a cash contribution to cover
  1/12
  of the running costs of the FCH Joint Undertaking and transferred to the budget of the FCH Joint Undertaking before the start of each financial year;

| — | ensure that its contribution to the resources of the FCH Joint Undertaking is provided in advance as a cash contribution to cover
  1/20
  of the running costs of the FCH Joint Undertaking and transferred to the budget of the FCH Joint Undertaking before the start of each financial year; |
| --- | --- |

—

ensure that its contribution to the resources of the FCH Joint Undertaking is provided in advance as a cash contribution to cover
  1/20
  of the running costs of the FCH Joint Undertaking and transferred to the budget of the FCH Joint Undertaking before the start of each financial year;

| — | be open to membership by any non-profit research organisation, university or research centre established in a Member State, an Associated country or Candidate country. |
| --- | --- |

—

be open to membership by any non-profit research organisation, university or research centre established in a Member State, an Associated country or Candidate country.

| 5. | A Founding Member may terminate its membership of the FCH Joint Undertaking. The FCH Joint Undertaking shall then be wound up as provided for in Article I.22. |
| --- | --- |

5.

A Founding Member may terminate its membership of the FCH Joint Undertaking. The FCH Joint Undertaking shall then be wound up as provided for in Article I.22.

| 5. | A Founding Member may terminate its membership of the FCH Joint Undertaking. The FCH Joint Undertaking shall then be wound up as provided for in Article I.22. |
| --- | --- |

5.

A Founding Member may terminate its membership of the FCH Joint Undertaking. The FCH Joint Undertaking shall then be wound up as provided for in Article I.22.

| 6. | The Research Grouping may terminate its membership of the FCH Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the Founding members following which the leaving Member shall be discharged from any obligations other than those approved by the FCH Joint Undertaking prior to the membership termination. |
| --- | --- |

6.

The Research Grouping may terminate its membership of the FCH Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the Founding members following which the leaving Member shall be discharged from any obligations other than those approved by the FCH Joint Undertaking prior to the membership termination.

| 6. | The Research Grouping may terminate its membership of the FCH Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the Founding members following which the leaving Member shall be discharged from any obligations other than those approved by the FCH Joint Undertaking prior to the membership termination. |
| --- | --- |

6.

The Research Grouping may terminate its membership of the FCH Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the Founding members following which the leaving Member shall be discharged from any obligations other than those approved by the FCH Joint Undertaking prior to the membership termination.

The
  executive
  bodies of the FCH Joint Undertaking shall be the Governing Board
  and the Programme Office. The advisory bodies of the FCH Joint Undertaking shall be the High Level Member States Group, the Stakeholder's General Assembly and
  the Scientific Committee.

| 1. | The bodies of the FCH Joint Undertaking shall be: |
| --- | --- |

1.

The bodies of the FCH Joint Undertaking shall be:

| (a) | the Governing Board
  , |
| --- | --- |

(a)

the Governing Board
  ,

| (b) | the Executive Director, |
| --- | --- |

(b)

the Executive Director,

| (c) | the Scientific Committee. |
| --- | --- |

(c)

the Scientific Committee.

| 2. | Where any specific task does not fall within the normal competence of any of those bodies, the Governing Board shall be the competent body. |
| --- | --- |

2.

| 3. | The High Level Member States Group and the aStakeholders General Assembly shall be external advisory bodies to the FCH Joint Undertaking. |
| --- | --- |

3.

| 2. | The Commission shall, in case the Research Grouping is established transfer one seat to its
  representative
  . |
| --- | --- |

2.

The Commission shall, in case the Research Grouping is established transfer one seat to its
  representative
  .

| 2. | The Commission shall, in case the Research Grouping is established, transfer
  at least
  one seat to its
  representative(s)
  . |
| --- | --- |

2.

The Commission shall, in case the Research Grouping is established, transfer
  at least
  one seat to its
  representative(s)
  .

| 4. | The Governing Board shall
  elect
  its chairperson. The chairperson shall be
  elected for 2 years
  . |
| --- | --- |

4.

The Governing Board shall
  elect
  its chairperson. The chairperson shall be
  elected for 2 years
  .

| 4. | The Governing Board shall
  appoint
  its chairperson
  from among the representatives of the Industry Grouping
  . The chairperson shall be
  appointed for one year and may be re-appointed once. The representative of the SMEs and the representative of the Research Grouping shall be appointed vice-chairpersons. |
| --- | --- |

4.

The Governing Board shall
  appoint
  its chairperson
  from among the representatives of the Industry Grouping
  . The chairperson shall be
  appointed for one year and may be re-appointed once. The representative of the SMEs and the representative of the Research Grouping shall be appointed vice-chairpersons.

| 8. | The Governing Board may invite observers on a case by case basis, without voting rights, to attend their meetings, in particular representatives of the regions and of regulatory bodies. |
| --- | --- |

8.

The Governing Board may invite observers on a case by case basis, without voting rights, to attend their meetings, in particular representatives of the regions and of regulatory bodies.

| 8. | The Governing Board may invite observers on a case by case basis, without voting rights, to attend their meetings, in particular representatives of the regions and of regulatory bodies
  and relevant fuel cell and hydrogen sectoral industry associations
  . |
| --- | --- |

8.

The Governing Board may invite observers on a case by case basis, without voting rights, to attend their meetings, in particular representatives of the regions and of regulatory bodies
  and relevant fuel cell and hydrogen sectoral industry associations
  .

| — | approve calls for proposals; |
| --- | --- |

—

approve calls for proposals;

| — | justify and
  approve
  any deviation to the Financial Regulation
  of the FCH Joint Undertaking in accordance with Article 8
  ; |
| --- | --- |

—

justify and
  approve
  any deviation to the Financial Regulation
  of the FCH Joint Undertaking in accordance with Article 8
  ;

| — | approve
  the financial rules
  of the FCH Joint Undertaking in accordance with Article 8
  after consulting the Commission; |
| --- | --- |

—

approve
  the financial rules
  of the FCH Joint Undertaking in accordance with Article 8
  after consulting the Commission;

| — | justify any wish to derogate from Regulation (EC, Euratom) No 2343/2002, approve any derogation after prior consent of the Commission and inform the budgetary authority of any derogation approved; |
| --- | --- |

—

justify any wish to derogate from Regulation (EC, Euratom) No 2343/2002, approve any derogation after prior consent of the Commission and inform the budgetary authority of any derogation approved;

| 6. | The Executive Director shall be the legal representative of the FCH Joint Undertaking. He/she shall perform his/her tasks with independence, and shall be accountable to the Governing Board. |
| --- | --- |

6.

The Executive Director shall be the legal representative of the FCH Joint Undertaking. He/she shall perform his/her tasks with independence, and shall be accountable to the Governing Board.

| 6. | The Executive Director shall be the legal representative of the FCH Joint Undertaking. He/she shall perform his/her tasks with independence,
  especially insofar as concerns the selection of project proposals and management of projects,
  and shall be accountable to the Governing Board. |
| --- | --- |

6.

The Executive Director shall be the legal representative of the FCH Joint Undertaking. He/she shall perform his/her tasks with independence,
  especially insofar as concerns the selection of project proposals and management of projects,
  and shall be accountable to the Governing Board.

| 8. | The Executive Director shall be appointed by the Governing Board
  , from a list of candidates proposed by the Commission,
  for a
  maximum initial
  period of three years. After an evaluation of the Executive Director's performance, the Governing Board may extend the term of office once for a further period of not more than four years. |
| --- | --- |

8.

The Executive Director shall be appointed by the Governing Board
  , from a list of candidates proposed by the Commission,
  for a
  maximum initial
  period of three years. After an evaluation of the Executive Director's performance, the Governing Board may extend the term of office once for a further period of not more than four years.

| 8. | The Executive Director shall be appointed by the Governing Board for a period of three years
  , following a call for expressions of interest published in the Official Journal of the European Union and in other publicly accessible periodicals or on Internet sites
  . After an evaluation of the Executive Director's performance, the Governing Board may extend the term of office once for a further period of not more than four years
  , following which a call for expressions of interest shall be published in the same way
  . |
| --- | --- |

8.

The Executive Director shall be appointed by the Governing Board for a period of three years
  , following a call for expressions of interest published in the Official Journal of the European Union and in other publicly accessible periodicals or on Internet sites
  . After an evaluation of the Executive Director's performance, the Governing Board may extend the term of office once for a further period of not more than four years
  , following which a call for expressions of interest shall be published in the same way
  .

The Scientific Committee shall
  perform
  the following tasks:

| — | give its opinion on the relevance and progress of the annual RTD&D activities and recommend any amendments
  ; |
| --- | --- |

—

give its opinion on the relevance and progress of the annual RTD&D activities and recommend any amendments
  ;

| — | give its opinion on the scientific
  priorities for the multi-annual RTD&D activities plan
  ; |
| --- | --- |

—

give its opinion on the scientific
  priorities for the multi-annual RTD&D activities plan
  ;

| — | advise
  the Governing Board on the scientific achievements described in the annual activity report
  . |
| --- | --- |

—

advise
  the Governing Board on the scientific achievements described in the annual activity report
  .

The Scientific Committee shall
  have
  the following tasks:

| (a) | establish the scientific priorities for the proposals for the annual and multi-annual research activities plans
  ; |
| --- | --- |

(a)

establish the scientific priorities for the proposals for the annual and multi-annual research activities plans
  ;

| (b) | give its opinion on the scientific
  achievements described in the annual activity report
  ; |
| --- | --- |

(b)

give its opinion on the scientific
  achievements described in the annual activity report
  ;

| (c) | advise
  on the composition of the peer review committees
  . |
| --- | --- |

(c)

advise
  on the composition of the peer review committees
  .

| 1. | The total contribution from the Community to the FCH Joint Undertaking covering running costs and operational costs for RTD&D activities shall not exceed 470 million EUR from the Seventh Framework Programme. The running costs are expected not to exceed 20 million EUR. |
| --- | --- |

1.

| 1. | The FCH Joint Undertaking shall be jointly funded by its Members by way of financial contributions paid in instalments and by in-kind contributions from legal entities participating in the activities. The running costs of the FCH Joint Undertaking shall be covered equally in cash by the Community and the Industry Grouping from the outset. As soon as the Research Grouping becomes a member of the FCH Joint Undertaking, it shall contribute to 1/20 of the running costs and the Commission's contribution to running costs will decrease correspondingly. The total contribution from the Community to the FCH Joint Undertaking's running costs shall not exceed EUR 20 million. If any part of the Community contribution remains unused, it shall be made available for the activities of the FCH Joint Undertaking. |
| --- | --- |

1.

| 7. | The private sector, in particular the members of the Industry Grouping, shall contribute in kind to the operational costs of the projects. The in-kind contributions shall as a minimum match the public funding. The total level of the in-kind contributions, calculated on a yearly basis, shall be assessed once a year. The first assessment shall be initiated at the end of the second financial year after the start of the FCH Joint Undertaking. The assessment shall thereafter be performed each financial year by an independent entity. The results of the assessment shall be presented to the Commission within 4 months of the end of each financial year. |
| --- | --- |

7.

The private sector, in particular the members of the Industry Grouping, shall contribute in kind to the operational costs of the projects. The in-kind contributions shall as a minimum match the public funding. The total level of the in-kind contributions, calculated on a yearly basis, shall be assessed once a year. The first assessment shall be initiated at the end of the second financial year after the start of the FCH Joint Undertaking. The assessment shall thereafter be performed each financial year by an independent entity. The results of the assessment shall be presented to the Commission within 4 months of the end of each financial year.

| 7. | The private sector, in particular the members of the Industry Grouping, shall contribute in kind to the operational costs of the projects. The in-kind contributions shall as a minimum match the public funding.
  In the event that the Joint Research Centre of the Commission participates in projects, its in-kind contribution shall not be considered part of the Community contribution.
  The total level of the in-kind contributions, calculated on a yearly basis, shall be assessed once a year. The first assessment shall be initiated at the end of the second financial year after the start of the FCH Joint Undertaking. The assessment shall thereafter be performed each financial year by an independent entity. The results of the assessment shall be presented to the Commission within 4 months of the end of each financial year. |
| --- | --- |

7.

The private sector, in particular the members of the Industry Grouping, shall contribute in kind to the operational costs of the projects. The in-kind contributions shall as a minimum match the public funding.
  In the event that the Joint Research Centre of the Commission participates in projects, its in-kind contribution shall not be considered part of the Community contribution.
  The total level of the in-kind contributions, calculated on a yearly basis, shall be assessed once a year. The first assessment shall be initiated at the end of the second financial year after the start of the FCH Joint Undertaking. The assessment shall thereafter be performed each financial year by an independent entity. The results of the assessment shall be presented to the Commission within 4 months of the end of each financial year.

| 3. | The legal entities wishing to participate in a project shall form a consortium and appoint one of their members to act as its coordinator.
  Normally the coordinator shall be a member of the Industry Grouping or, a member of the Research Grouping, if such Research Grouping is established. Exceptions shall be approved by the Governing Board. |
| --- | --- |

3.

The legal entities wishing to participate in a project shall form a consortium and appoint one of their members to act as its coordinator.
  Normally the coordinator shall be a member of the Industry Grouping or, a member of the Research Grouping, if such Research Grouping is established. Exceptions shall be approved by the Governing Board.

| 3. | The legal entities wishing to participate in a project shall form a consortium and appoint one of their members to act as its coordinator. |
| --- | --- |

3.

The legal entities wishing to participate in a project shall form a consortium and appoint one of their members to act as its coordinator.

Article I.9 a

Implementation of RTD activities

| 1. | The FCH Joint Undertaking shall support RTD activities following open and competitive calls for proposals, independent evaluation and the conclusion for each project of a Grant Agreement and a Consortium Agreement. |
| --- | --- |

1.

| 2. | In exceptional cases the FCH Joint Undertaking may issue calls for tender, if it is deemed necessary for the effective pursuance of the research objectives. |
| --- | --- |

2.

| 3. | The FCH Joint Undertaking shall define the procedures and mechanisms for the implementation, supervision and control of Grant Agreements. |
| --- | --- |

3.

| 4. | The Grant Agreement shall:







  — | provide for the appropriate arrangements for carrying out the RTD activities; |
| --- | --- | --- |

4.

—

provide for the appropriate arrangements for carrying out the RTD activities;

| — | provide for the appropriate financial arrangements and ules relating to intellectual property rights as referred to in Article 17 of this Regulation; |
| --- | --- |

—

provide for the appropriate financial arrangements and ules relating to intellectual property rights as referred to in Article 17 of this Regulation;

| — | govern the relationship between the project consortium and the FCH Joint Undertaking. |
| --- | --- |

—

govern the relationship between the project consortium and the FCH Joint Undertaking.

| 5. | The Consortium agreement shall be concluded by the project participants prior to the conclusion of the Grant Agreement. It shall:







  — | provide for the appropriate arrangements for the implementation of the Grant Agreement; |
| --- | --- | --- |

5.

—

provide for the appropriate arrangements for the implementation of the Grant Agreement;

| — | govern the relationship between the participants in a project, in particular the intellectual property rights provisions. |
| --- | --- |

—

govern the relationship between the participants in a project, in particular the intellectual property rights provisions.

Eligibility for funding

Funding of activities

| 1. | The Community contribution to the FCH Joint Undertaking shall be used for funding the RTD&D activities following competitive calls for proposals. |
| --- | --- |

1.

| 1. | The following entities shall be eligible for funding: |
| --- | --- |

1.

| (a) | Legal entities established in a Member State or an Associated country; |
| --- | --- |

(a)

Legal entities established in a Member State or an Associated country;

| (b) | International organisations, which have legal personality under international public law, as well as any specialised agencies set up by such organisations; |
| --- | --- |

(b)

International organisations, which have legal personality under international public law, as well as any specialised agencies set up by such organisations;

| (c) | Legal entities from third countries, provided that the Governing Board considers their participation to be of particular benefit to the project. |
| --- | --- |

(c)

Legal entities from third countries, provided that the Governing Board considers their participation to be of particular benefit to the project.

| 2. | In exceptional cases the FCH Joint Undertaking may issue calls for tenders, if it is deemed necessary for the effective pursuance of the research objectives. |
| --- | --- |

2.

| 2. | In order to be considered eligible for Community funding, costs incurred in the implementation of RTD activities shall be exclusive of value added tax. |
| --- | --- |

2.

| 3. | Private legal entities fulfilling all the following criteria shall be eligible for such funding: |
| --- | --- |

3.

| 3. | The upper funding limits of the Community financial contribution towards projects shall be aligned to comply with those laid down by the rules for participation in the Seventh Framework Programme. Where lower levels of funding are necessary to comply with the matching principles referred to in Article I.8, the decrease shall be fair proportional to the abovementioned upper funding limits of the rules for participation in the Seventh Framework Programme for all categories of participant in each individual project. |
| --- | --- |

3.

| (a) | they are established in a Member State or have their registered office, central or principal place of business within a state that is a contracting party to the European Economic Area Agreement or which is an Associated or Candidate country; |
| --- | --- |

(a)

they are established in a Member State or have their registered office, central or principal place of business within a state that is a contracting party to the European Economic Area Agreement or which is an Associated or Candidate country;

| (b) | they have relevant activities in RTD&D, industrialization or deployment for fuel cells and/or hydrogen and/or concrete plans to do so in the near future within the European Union or the European Economic Area. |
| --- | --- |

(b)

they have relevant activities in RTD&D, industrialization or deployment for fuel cells and/or hydrogen and/or concrete plans to do so in the near future within the European Union or the European Economic Area.

| 4. | The following shall also be eligible for funding: |
| --- | --- |

4.

| (a) | non-profit public bodies established in a Member State, Associated country, Candidate Country or within the EEA, including secondary and higher education establishments; |
| --- | --- |

(a)

non-profit public bodies established in a Member State, Associated country, Candidate Country or within the EEA, including secondary and higher education establishments;

| (b) | international organisations, which have legal personality under international public law, as well as any specialised agencies set up by such intergovernmental organisations; |
| --- | --- |

(b)

international organisations, which have legal personality under international public law, as well as any specialised agencies set up by such intergovernmental organisations;

| (c) | legal entities from third countries, provided that the Governing Board considers their participation to be of particular benefit to the project. |
| --- | --- |

(c)

legal entities from third countries, provided that the Governing Board considers their participation to be of particular benefit to the project.

| 1. | The FCH Joint
  Undertaking's financial provisions shall be based on the principles of Regulation (EC, Euratom) No 1605/2002. It may depart from Regulation (EC, Euratom) No 1605/2002 where the
  specific operating needs
  of the FCH Joint Undertaking
  so require
  , subject to prior consent of the Commission. |
| --- | --- |

1.

The FCH Joint
  Undertaking's financial provisions shall be based on the principles of Regulation (EC, Euratom) No 1605/2002. It may depart from Regulation (EC, Euratom) No 1605/2002 where the
  specific operating needs
  of the FCH Joint Undertaking
  so require
  , subject to prior consent of the Commission.

| 1. | The financial rules applicable to
  the FCH Joint
  Undertaking shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its
  specific operating needs so require
  . The prior consent of the Commission shall be required for the adoption of any rules which derogate from Regulation (EC, Euratom) No 2343/2002. The budgetary authority shall be informed of such derogation. |
| --- | --- |

1.

The financial rules applicable to
  the FCH Joint
  Undertaking shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its
  specific operating needs so require
  . The prior consent of the Commission shall be required for the adoption of any rules which derogate from Regulation (EC, Euratom) No 2343/2002. The budgetary authority shall be informed of such derogation.

| 5. | Within two months after the end of each financial year the provisional accounts of the Joint Undertaking shall be submitted to the Commission and the Court of Auditors of the European Communities (‘the Court of Auditors’). The Court of Auditors shall, by 15 June after the end of each financial year, make its observations on the provisional accounts of the Joint Undertaking. The annual accounts for the financial year shall be sent in the following year to the Commission's Accounting Officer according to the deadlines fixed by the Framework |
| --- | --- |

5.

Within two months after the end of each financial year the provisional accounts of the Joint Undertaking shall be submitted to the Commission and the Court of Auditors of the European Communities (‘the Court of Auditors’). The Court of Auditors shall, by 15 June after the end of each financial year, make its observations on the provisional accounts of the Joint Undertaking. The annual accounts for the financial year shall be sent in the following year to the Commission's Accounting Officer according to the deadlines fixed by the Framework

| 5. | Within two months after the end of each financial year the provisional accounts of the Joint Undertaking shall be submitted to the Commission and the Court of Auditors of the European Communities (‘the Court of Auditors’). The Court of Auditors shall, by 15 June after the end of each financial year, make its observations on the provisional accounts of the Joint Undertaking. The annual accounts for the financial year shall be sent in the following year to the Commission's Accounting Officer according to the deadlines fixed by the Framework |
| --- | --- |

5.

Within two months after the end of each financial year the provisional accounts of the Joint Undertaking shall be submitted to the Commission and the Court of Auditors of the European Communities (‘the Court of Auditors’). The Court of Auditors shall, by 15 June after the end of each financial year, make its observations on the provisional accounts of the Joint Undertaking. The annual accounts for the financial year shall be sent in the following year to the Commission's Accounting Officer according to the deadlines fixed by the Framework

Financial Regulation so that the Commission's Accounting Officer can consolidate these into the EC annual accounts. The Joint Undertaking's annual accounts have to be prepared and audited following the EC Accounting Rules as adopted by the Commission's Accounting Officer.

Financial Regulation so that the Commission's Accounting Officer can consolidate these into the EC annual accounts.
  The annual accounts and the balance sheet for the previous year shall be submitted to the budgetary authority.
  The Joint Undertaking's annual accounts have to be prepared and audited following the EC Accounting Rules as adopted by the Commission's Accounting Officer.

| 6. | Discharge for the implementation of the budget shall be given by the European Parliament,
  upon
  recommendation
  of
  the Council, in accordance with a procedure provided for by the
  Financial Regulation
  of the FCH Joint Undertaking. |
| --- | --- |

6.

Discharge for the implementation of the budget shall be given by the European Parliament,
  upon
  recommendation
  of
  the Council, in accordance with a procedure provided for by the
  Financial Regulation
  of the FCH Joint Undertaking.

| 6. | Discharge for the implementation of the budget
  of the FCH Joint Undertaking
  shall be given by the European Parliament,
  taking into account a
  recommendation
  from
  the Council, in accordance with a procedure
  that shall be
  provided for by the
  financial rules
  of the FCH Joint Undertaking. |
| --- | --- |

6.

Discharge for the implementation of the budget
  of the FCH Joint Undertaking
  shall be given by the European Parliament,
  taking into account a
  recommendation
  from
  the Council, in accordance with a procedure
  that shall be
  provided for by the
  financial rules
  of the FCH Joint Undertaking.

| 1. | The staff resources shall be determined in the establishment plan to be set out in the annual budget. |
| --- | --- |

1.

The staff resources shall be determined in the establishment plan to be set out in the annual budget.

| 1. | The staff resources shall be determined in the establishment plan to be set out in the annual budget
  and to be forwarded by the Commission to the European Parliament and the Council together with the preliminary draft budget of the European Union. |
| --- | --- |

1.

The staff resources shall be determined in the establishment plan to be set out in the annual budget
  and to be forwarded by the Commission to the European Parliament and the Council together with the preliminary draft budget of the European Union.

| 2. | The members of the staff of the FCH Joint Undertaking shall be temporary agents and contract agents and shall have fixed-term contracts, extendable once up to a maximum total period of seven years. |
| --- | --- |

2.

deleted

Grant Agreement and Consortium Agreement

deleted

| 1. | The FCH Joint Undertaking shall support RTD&D activities following competitive calls for proposals, independent evaluation, and the conclusion for each project of a Grant Agreement and a Consortium Agreement. |
| --- | --- |

1.

| 2. | The FCH Joint Undertaking shall define the procedures and mechanisms for the implementation, supervision and control of Grant Agreements. |
| --- | --- |

2.

| 3. | The Grant Agreement shall:







  — | provide for the appropriate arrangements for the implementation of the RTD&D activities; |
| --- | --- | --- |

3.

—

provide for the appropriate arrangements for the implementation of the RTD&D activities;

| — | provide for the appropriate financial arrangements and the rules relating to intellectual property rights on the basis of the principles as set out in Article I.24; |
| --- | --- |

—

provide for the appropriate financial arrangements and the rules relating to intellectual property rights on the basis of the principles as set out in Article I.24;

| — | govern the relationship between the project consortium and the FCH Joint Undertaking. |
| --- | --- |

—

govern the relationship between the project consortium and the FCH Joint Undertaking.

| 4. | The Consortium agreement shall:







  — | be concluded by the project participants prior to the conclusion of the Grant Agreement; |
| --- | --- | --- |

4.

—

be concluded by the project participants prior to the conclusion of the Grant Agreement;

| — | provide for the appropriate arrangements for the implementation of the Grant Agreement; |
| --- | --- |

—

provide for the appropriate arrangements for the implementation of the Grant Agreement;

| — | govern the relationship between the participants in a project, in particular the Intellectual Property Rights provisions. |
| --- | --- |

—

govern the relationship between the participants in a project, in particular the Intellectual Property Rights provisions.

---

(1)  OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).

(2)  OJ C 139, 14.6.2006, p. 1. Agreement as amended by Decision 2008/29/EC (OJ L 6, 10.1.2008, p. 7).

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/144 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/144

---

Community Tobacco Fund *

P6_TA(2008)0204

European Parliament legislative resolution of 20 May 2008 on the proposal for a Council regulation amending Regulation (EC) No 1782/2003 as regards the transfer of tobacco aid to the Community Tobacco Fund for the years 2008 and 2009 and Regulation (EC) No 1234/2007 with regard to financing of the Community Tobacco Fund (COM(2008)0051 — C6-0062/2008 — 2008/0020(CNS))

(2009/C 279 E/30)

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2008)0051), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2008)0051),

| — | having regard to Article 37(2), third subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0062/2008), |
| --- | --- |

—

having regard to Article 37(2), third subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0062/2008),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Budgets (A6-0164/2008), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Budgets (A6-0164/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Considers that any amount provided for must be compatible with the ceiling of Heading 2 of the multiannual financial framework (MFF) 2007-2013, and points out that the annual amount will be decided within the annual budgetary procedure and will be assessed in a multiannual context; |
| --- | --- |

2.

Considers that any amount provided for must be compatible with the ceiling of Heading 2 of the multiannual financial framework (MFF) 2007-2013, and points out that the annual amount will be decided within the annual budgetary procedure and will be assessed in a multiannual context;

| 3. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

3.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 4. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

4.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 5. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

5.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 6. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

6.

Instructs its President to forward its position to the Council and the Commission.

| (1) | According to Article 110j of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending certain Regulations tobacco aid is granted to the producers of raw tobacco
  for the harvest years 2006 to 2009
  . |
| --- | --- |

(1)

According to Article 110j of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending certain Regulations tobacco aid is granted to the producers of raw tobacco
  for the harvest years 2006 to 2009
  .

| (1) | According to Article 110j of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending certain Regulations tobacco aid is granted to the producers of raw tobacco
  until the harvest year 2012
  . |
| --- | --- |

(1)

According to Article 110j of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending certain Regulations tobacco aid is granted to the producers of raw tobacco
  until the harvest year 2012
  .

| (1a) | Bearing in mind the many reforms introduced since 2004, particularly in the fruit and vegetable sector, producers of raw tobacco should not be discriminated against in relation to other European farmers. |
| --- | --- |

(1a)

Bearing in mind the many reforms introduced since 2004, particularly in the fruit and vegetable sector, producers of raw tobacco should not be discriminated against in relation to other European farmers.

| (3) | Actions funded by the Community Tobacco Fund have proved to be very successful as well as a positive example of cooperation between agriculture and health policies. In order to ensure the continuation of those actions, and taking into account that the Fund has always been funded by transfer from the tobacco aid, it is appropriate to transfer an amount equal to
  5 %
  of the tobacco aid granted for the calendar years
  2008 and 2009
  to the Community Tobacco Fund. |
| --- | --- |

(3)

Actions funded by the Community Tobacco Fund have proved to be very successful as well as a positive example of cooperation between agriculture and health policies. In order to ensure the continuation of those actions, and taking into account that the Fund has always been funded by transfer from the tobacco aid, it is appropriate to transfer an amount equal to
  5 %
  of the tobacco aid granted for the calendar years
  2008 and 2009
  to the Community Tobacco Fund.

| (3) | Actions funded by the Community Tobacco Fund have proved to be very successful as well as a positive example of cooperation between agriculture and health policies. In order to ensure the continuation of those actions, and taking into account that the Fund has always been funded by transfer from the tobacco aid, it is appropriate to transfer an amount equal to
  6 %
  of the tobacco aid granted for the calendar years
  2009 to 2012
  to the Community Tobacco Fund. |
| --- | --- |

(3)

Actions funded by the Community Tobacco Fund have proved to be very successful as well as a positive example of cooperation between agriculture and health policies. In order to ensure the continuation of those actions, and taking into account that the Fund has always been funded by transfer from the tobacco aid, it is appropriate to transfer an amount equal to
  6 %
  of the tobacco aid granted for the calendar years
  2009 to 2012
  to the Community Tobacco Fund.

Regulation (EC) No 1782/2003 is amended as follows:

| – 1) | Article 110j shall be replaced by the following:



  Article 110j


  Scope of application


  For the harvest years

  up until 2012,

  aid may be granted to farmers producing raw tobacco falling within CN code 2401, under the conditions laid down in this Chapter. |
| --- | --- |

– 1)

Article 110j shall be replaced by the following:

Article 110j

Scope of application

For the harvest years

  up until 2012,

  aid may be granted to farmers producing raw tobacco falling within CN code 2401, under the conditions laid down in this Chapter.

| – 1a) | In Article 110l, the table shall be replaced by the following:








  (in EUR M) |
| --- | --- |
| | 2009-2012 |
| Germany | t.b.a. |
| Spain | t.b.a. |
| France | t.b.a. |
| Italy (except Apulia) | t.b.a. |
| Portugal | t.b.a. |

– 1a)

In Article 110l, the table shall be replaced by the following:

(in EUR M)

2009-2012

Germany

t.b.a.

Spain

t.b.a.

France

t.b.a.

Italy (except Apulia)

t.b.a.

Portugal

t.b.a.

Article 110m
  of Regulation (EC) No 1782/2003
  is replaced by the following:

| – 1b) | Article 110m is replaced by the following: |
| --- | --- |

– 1b)

Article 110m is replaced by the following:

Article 110m

Article 110m

Transfer to the Community Tobacco Fund

Transfer to the Community Tobacco Fund

An amount equal to 4 % for the calendar year 2006
  and
  5 % for the
  calendar years
  2007
  , 2008 and 2009
  of the aid granted in accordance with this Chapter shall finance actions of information under the Community Tobacco Fund provided for in Article 13 of Regulation (EEC) No 2075/92.

An amount equal to 4 % for the calendar year 2006
  ,
  5 % for the
  calendar year
  2007
  and 6 % for the calendar years 2009 to 2012
  of the aid granted in accordance with this Chapter shall finance actions of information under the Community Tobacco Fund provided for in Article 13 of Regulation (EEC) No 2075/92.

| – 1c) | Article 143e shall be deleted. |
| --- | --- |

– 1c)

Article 143e shall be deleted.

| – 1d) | Annex VII, point I, second paragraph, shall be deleted. |
| --- | --- |

– 1d)

Annex VII, point I, second paragraph, shall be deleted.

| (b) | for the calendar years 2006
  to
  2009, in accordance with Article 110m of Regulation (EC) No 1782/2003. |
| --- | --- |

(b)

for the calendar years 2006
  to
  2009, in accordance with Article 110m of Regulation (EC) No 1782/2003.

| (b) | for the calendar years 2006
  and 2007 and
  2009
  to 2012
  , in accordance with Article 110m of Regulation (EC) No 1782/2003. |
| --- | --- |

(b)

for the calendar years 2006
  and 2007 and
  2009
  to 2012
  , in accordance with Article 110m of Regulation (EC) No 1782/2003.

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/148 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/148

---

Meat and livestock statistics ***I

P6_TA(2008)0206

European Parliament legislative resolution of 20 May 2008 on the proposal for a regulation of the European Parliament and of the Council concerning meat and livestock statistics (COM(2007)0129 — C6-0099/2007 — 2007/0051(COD))

(2009/C 279 E/31)

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0129), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0129),

| — | having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0099/2007), |
| --- | --- |

—

having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0099/2007),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A6-0130/2008), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A6-0130/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

P6_TC1-COD(2007)0051

Position of the European Parliament adopted at first reading on 20 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council concerning livestock and meat statistics and repealing Council Directives 93/23/EEC, 93/24/EEC and 93/25/EEC

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No ...)

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/149 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/149

---

Employment Policy Guidelines for Member States *

P6_TA(2008)0207

European Parliament legislative resolution of 20 May 2008 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2007)0803 PART V — C6-0031/2008 — 2007/0300(CNS))

(2009/C 279 E/32)

(Consulation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2007)0803, PART V), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2007)0803, PART V),

| — | having regard to Article 128(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0031/2008), |
| --- | --- |

—

having regard to Article 128(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0031/2008),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Women's Rights and Gender Equality (A6-0172/2008), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Women's Rights and Gender Equality (A6-0172/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 5. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and the Commission.

| (2) | The examination of the Member States' National Reform Programmes contained in the Commission's Annual Progress Report and in the draft Joint Employment Report shows that Member States should continue to make every effort to address the priority areas of |
| --- | --- |

(2)

The examination of the Member States' National Reform Programmes contained in the Commission's Annual Progress Report and in the draft Joint Employment Report shows that Member States should continue to make every effort to address the priority areas of

| (2) | The examination of the Member States' National Reform Programmes contained in the Commission's Annual Progress Report and in the draft Joint Employment Report shows that Member States should continue to make every effort to
  achieve full employment, enhance job quality and equal opportunities, bring about social cohesion and
  address the priority areas of: |
| --- | --- |

(2)

The examination of the Member States' National Reform Programmes contained in the Commission's Annual Progress Report and in the draft Joint Employment Report shows that Member States should continue to make every effort to
  achieve full employment, enhance job quality and equal opportunities, bring about social cohesion and
  address the priority areas of:

| — | attracting and retaining more people in employment, increasing labour supply and modernising social protection systems, |
| --- | --- |

—

attracting and retaining more people in employment, increasing labour supply and modernising social protection systems,

| — | creating more and quality jobs,
  attracting and retaining more people in
  quality
  employment, increasing labour supply and modernising social protection systems
  and ensuring inclusive labour markets
  , |
| --- | --- |

—

creating more and quality jobs,
  attracting and retaining more people in
  quality
  employment, increasing labour supply and modernising social protection systems
  and ensuring inclusive labour markets
  ,

| — | improving adaptability of workers and enterprises, and |
| --- | --- |

—

improving adaptability of workers and enterprises, and

| — | improving the adaptability
  and security
  of workers and enterprises
  in order to promote a flexible labour market
  , and
  promoting worker employability by means of lifelong learning and the accreditation of acquired skills
  , |
| --- | --- |

—

improving the adaptability
  and security
  of workers and enterprises
  in order to promote a flexible labour market
  , and
  promoting worker employability by means of lifelong learning and the accreditation of acquired skills
  ,

| — | increasing investment in human capital through better education and skills. |
| --- | --- |

—

increasing investment in human capital through better education and skills.

| — | increasing investment in human capital through better education and skills
  and expansion of lifelong learning opportunities, and |
| --- | --- |

—

increasing investment in human capital through better education and skills
  and expansion of lifelong learning opportunities, and

| — | promoting mobility of workers across the European labour market. |
| --- | --- |

—

promoting mobility of workers across the European labour market.

| (3) | In the light of both the Commission's examination of the National Reform Programmes and the European Council conclusions, the focus should be on effective and timely implementation, paying special attention to the agreed quantitative targets and benchmarks
  , and
  in line with the conclusions of the European Council. |
| --- | --- |

(3)

In the light of both the Commission's examination of the National Reform Programmes and the European Council conclusions, the focus should be on effective and timely implementation, paying special attention to the agreed quantitative targets and benchmarks
  , and
  in line with the conclusions of the European Council.

| (3) | In the light of both the Commission's examination of the National Reform Programmes and the European Council conclusions, the focus should be on
  strengthening the social dimension of the Employment Guidelines and their
  effective and timely implementation, paying special attention to the agreed
  qualitative and
  quantitative targets and benchmarks in line with the conclusions of the European Council. |
| --- | --- |

(3)

In the light of both the Commission's examination of the National Reform Programmes and the European Council conclusions, the focus should be on
  strengthening the social dimension of the Employment Guidelines and their
  effective and timely implementation, paying special attention to the agreed
  qualitative and
  quantitative targets and benchmarks in line with the conclusions of the European Council.

| (5) | Member States should take the Employment Guidelines into account when implementing programmed Community funding, in particular of the European Social Fund. |
| --- | --- |

(5)

Member States should take the Employment Guidelines into account when implementing programmed Community funding, in particular of the European Social Fund.

| (5) | Member States should take the Employment Guidelines into account when implementing programmed Community funding, in particular of the European Social Fund
  , the European Regional Development Fund and the European Globalisation Adjustment Fund
  . |
| --- | --- |

(5)

Member States should take the Employment Guidelines into account when implementing programmed Community funding, in particular of the European Social Fund
  , the European Regional Development Fund and the European Globalisation Adjustment Fund
  .

| (6) | In view of the integrated nature of the guideline package, Member States should fully
  implement
  the Broad Economic Policy Guidelines. |
| --- | --- |

(6)

In view of the integrated nature of the guideline package, Member States should fully
  implement
  the Broad Economic Policy Guidelines.

| (6) | In view of the integrated nature of the guideline package, Member States should
  take the employment guidelines
  fully
  into account when implementing
  the Broad Economic Policy Guidelines. |
| --- | --- |

(6)

In view of the integrated nature of the guideline package, Member States should
  take the employment guidelines
  fully
  into account when implementing
  the Broad Economic Policy Guidelines.

Article 2a

1.
     
  In implementing the guidelines set out in the Annex, the Member States shall:

| — | take into account requirements linked to the promotion of a high level of employment, guaranteed adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health, and |
| --- | --- |

—

take into account requirements linked to the promotion of a high level of employment, guaranteed adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health, and

| — | aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation. |
| --- | --- |

—

aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation.

2.
     
  The Member States shall ensure strengthened interaction between the guidelines and the open method of coordination in relation to the Social Protection and Social Inclusion Process.

3.
     
  Member States, in cooperation with the social partners and in accordance with the national tradition of each Member State, shall examine and report in their National Reform Plans on how to improve compliance with and implementation of the principles and rules of European social legislation, agreements between the social partners and the fundamental principles of equal treatment and non-discrimination
  .

The Employment Guidelines form part of the Integrated Guidelines for 2008-2010, which are based on three pillars: macroeconomic policies, microeconomic reforms and employment policies. Those pillars, together, contribute towards achieving the objectives of sustainable expansion and employment and strengthening social cohesion.

Member States, in cooperation with the social partners, shall conduct their policies with a view to implementing the objectives and priorities for action specified below so that more and better jobs support an inclusive labour market. Reflecting the Lisbon strategy and taking into account the common social objectives, the Member States' policies shall foster in a balanced manner:

Member States, in cooperation with the social partners
  and other stakeholders
  ,
  and while respecting national traditions,

  will conduct their policies with a view to implementing the objectives and priorities for action specified below so that more and better jobs
  and a better trained and more specialised workforce
  support an inclusive labour market. Reflecting the Lisbon strategy and taking into account the common social objectives, the Member States' policies will foster in a balanced manner:

| — | Full employment: Achieving full employment, and reducing unemployment and inactivity, by increasing the demand for and supply of labour through an integrated flexicurity approach is vital to sustain economic growth and reinforce social cohesion. This requires policies that address simultaneously the flexibility of labour markets, work organisation and labour relations, and employment security and social security; |
| --- | --- |

—

Full employment: Achieving full employment, and reducing unemployment and inactivity, by increasing the demand for and supply of labour through an integrated flexicurity approach is vital to sustain economic growth and reinforce social cohesion. This requires policies that address simultaneously the flexibility of labour markets, work organisation and labour relations, and employment security and social security;

| — | Full employment: Achieving full employment, and reducing unemployment and inactivity, by increasing the demand for and supply of labour through an integrated flexicurity approach is vital to sustain economic growth and reinforce social cohesion. This requires policies that address simultaneously the flexibility of labour markets, work organisation and labour relations,
  reconciliation of work and family life,
  and employment security and social security; |
| --- | --- |

—

Full employment: Achieving full employment, and reducing unemployment and inactivity, by increasing the demand for and supply of labour through an integrated flexicurity approach is vital to sustain economic growth and reinforce social cohesion. This requires policies that address simultaneously the flexibility of labour markets, work organisation and labour relations,
  reconciliation of work and family life,
  and employment security and social security;

| — | Improving quality and productivity at work: Efforts to raise employment rates go hand in hand with improving the attractiveness of jobs, quality at work, labour productivity growth, reducing segmentation and the proportion of working poor. Synergies between quality at work, productivity and employment should be fully exploited; |
| --- | --- |

—

Improving quality and productivity at work: Efforts to raise employment rates go hand in hand with improving the attractiveness of jobs, quality at work, labour productivity growth, reducing segmentation and the proportion of working poor. Synergies between quality at work, productivity and employment should be fully exploited;

| — | Improving quality and productivity at work: Efforts to raise employment rates go hand in hand with improving the attractiveness of jobs, quality at work, labour productivity growth, reducing segmentation
  , gender inequality,
  and the proportion of working poor. Synergies between quality at work, productivity and employment should be fully exploited; |
| --- | --- |

—

Improving quality and productivity at work: Efforts to raise employment rates go hand in hand with improving the attractiveness of jobs, quality at work, labour productivity growth, reducing segmentation
  , gender inequality,
  and the proportion of working poor. Synergies between quality at work, productivity and employment should be fully exploited;

Equal opportunities and combating discrimination are essential for progress. Gender mainstreaming and the promotion of gender equality should be ensured in all action taken. Particular attention must also be paid to significantly reducing all gender related gaps in the labour market in line with the European Pact for Gender Equality. This will assist Member States in addressing the demographic challenge. As part of a new intergenerational approach, particular attention should be paid to the situation of young people, implementing the European Youth Pact, and to promoting access to employment throughout working life. Particular attention must also be paid to significantly reducing employment gaps for people at a disadvantage, including disabled people, as well as between third-country nationals and EU citizens, in line with any national targets.

Equal opportunities and combating discrimination are essential for progress. Gender mainstreaming and the promotion of gender equality should be ensured in all action taken. Particular attention must also be paid to significantly reducing all gender related gaps in the labour market
  , focusing on unequal pay in particular,
  in line with the European Pact for Gender Equality. This will assist Member States in addressing the demographic challenge. As part of a new intergenerational approach, particular attention should be paid to the situation of young people, implementing the European Youth Pact, and to promoting access to employment throughout working life
  , also for older workers
  . Particular attention must also be paid to significantly reducing employment gaps for people at a disadvantage, including disabled people, as well as between third-country nationals and EU citizens, in line with any national targets.
  This will assist Member States in addressing the demographic challenge.

| — | attract and retain more people in employment, increase labour supply
  and
  modernise social protection systems, |
| --- | --- |

—

attract and retain more people in employment, increase labour supply
  and
  modernise social protection systems,

| — | attract and retain more people in
  quality
  employment
  by facilitating reconciliation of work and family life
  , increase labour supply
  by enhancing employability,
  modernise social protection systems
  and ensure inclusive labour markets
  , |
| --- | --- |

—

attract and retain more people in
  quality
  employment
  by facilitating reconciliation of work and family life
  , increase labour supply
  by enhancing employability,
  modernise social protection systems
  and ensure inclusive labour markets
  ,

| — | promote active social integration for all in order to combat poverty and social exclusion by ensuring a decent income and quality social services together with access to the employment market through opportunities for recruitment and initial or ongoing vocational training, |
| --- | --- |

—

promote active social integration for all in order to combat poverty and social exclusion by ensuring a decent income and quality social services together with access to the employment market through opportunities for recruitment and initial or ongoing vocational training,

| — | improve adaptability of workers and enterprises, |
| --- | --- |

—

improve adaptability of workers and enterprises,

| — | improve adaptability
  and security
  of workers and enterprises, |
| --- | --- |

—

improve adaptability
  and security
  of workers and enterprises,

| — | increase investment in human capital through better education and skills. |
| --- | --- |

—

increase investment in human capital through better education and skills.

| — | increase investment in human capital through better education and skills
  and adapt education and training systems to new competence requirements, |
| --- | --- |

—

increase investment in human capital through better education and skills
  and adapt education and training systems to new competence requirements,

| — | increase and improve investment in research, science and innovation, |
| --- | --- |

—

increase and improve investment in research, science and innovation,

| — | eliminate all forms of sex discrimination in the workplace. |
| --- | --- |

—

eliminate all forms of sex discrimination in the workplace.

| 1. | Attract and retain more people in employment, increase labour supply and modernise social protection systems |
| --- | --- |

1.

Attract and retain more people in employment, increase labour supply and modernise social protection systems

| 1. | Attract and retain more people in
  quality
  employment, increase labour supply and modernise social protection systems
  and ensure inclusive labour markets |
| --- | --- |

1.

Attract and retain more people in
  quality
  employment, increase labour supply and modernise social protection systems
  and ensure inclusive labour markets

Raising employment levels is the most effective means of generating economic growth and promoting socially inclusive economies whilst ensuring a safety net for those unable to work. Promoting a lifecycle approach to work and modernising social protection systems to ensure their adequacy, financial sustainability and responsiveness to changing needs in society are all the more necessary because of the expected decline in the working-age population. Special attention should be paid to tackling the persistent employment gaps between women and men, further increasing the employment rates of older workers and young people, as part of new intergenerational approach, and the promoting active inclusion of those most excluded from the labour market. Intensified action is also required to improve the situation of young people in the labour market and to significantly reduce youth unemployment, which is on average double the overall unemployment rate.

Raising employment levels is the most effective means of generating economic growth and promoting socially inclusive economies whilst ensuring a safety net for those unable to work. Promoting a lifecycle approach to work and modernising social protection systems to ensure their adequacy, financial sustainability and responsiveness to changing needs in society are all the more necessary because of the expected decline in the working-age population. Special attention should be paid to tackling the persistent employment gaps between women and men
  and sex-based pay differentials
  , further increasing the employment rates of older workers and young people, as part of new intergenerational approach, and the promoting active inclusion of those most excluded from the labour market. Intensified action is also required to improve the situation of young people
  , in particular the unskilled,
  in the labour market and to significantly reduce youth unemployment, which is on average double the overall unemployment rate.

The right conditions must be put in place to facilitate progress in employment, whether it is first time entry, a move back to employment after a break or the wish to prolong working lives. The quality of jobs, including pay and benefits, working conditions access to lifelong learning and career prospects, are crucial for a flexicurity approach, as are support and incentives stemming from social protection systems. To enhance a life cycle approach to work and to promote reconciliation between work and family life policies towards childcare provisions are necessary. Securing coverage of at least 90 % of children between 3 years old and the mandatory school age and at least 33 % of children under 3 years of age by 2010 is a useful benchmarks. The increase in the average employment rate of parents, especially single parents, requires measures to support families. In particular, Member States should take account of the special needs of single parents and families with many children.

The right conditions must be put in place
  , including through the appropriate development of human capital and the social working environment,
  to facilitate progress in employment, whether it is first-time entry, a move back to employment after a break or the wish to prolong working lives. The quality of jobs, including pay and benefits, working conditions, access to lifelong learning and career prospects, are crucial for a flexicurity approach, as are support and incentives stemming from social protection systems. To enhance a life cycle approach to work and to promote reconciliation between work and family life policies towards childcare provisions are necessary. Securing coverage of at least 90 % of children between 3 years old and the mandatory school age and at least 33 % of children under 3 years of age by 2010 is a useful benchmark. The increase in the average employment rate of parents, especially single parents, requires measures to support families. In particular, Member

Furthermore to prolong working lives, the effective average exit age from the labour market by 2010 would require a five year increase at EU level (compared to 59,9 in 2001). Member States should also enact measures for health protection, for prevention and for the promotion of healthy lifestyles with the goal of reducing sickness burdens, increasing labour productivity and prolonging working life.

States should take account of the special needs of single parents and families with many children. Furthermore to prolong working lives, the effective average exit age from the labour market by 2010 would require a five-year increase at EU level (compared to 59,9 in 2001). Member States should also enact measures for health protection, for prevention and for the promotion of healthy lifestyles with the goal of reducing sickness burdens, increasing labour productivity and prolonging working life.

The implementation of the European Youth Pact should also be a contribution to a lifecycle approach to work in particular by facilitating transition from education to the labour market.

The implementation of the European Youth Pact
  , the European Gender Equality Agreement and the approval relating to the establishment of European Alliance for Families
  should also be a contribution to a lifecycle approach to work in particular by facilitating transition from education to the labour market.
  Individual measures should be taken to provide young people who have had fewer opportunities with an equal chance of social and vocational integration.

| Guideline 18. | Promote a lifecycle approach to work through: |
| --- | --- |

Guideline 18.

Promote a lifecycle approach to work through:

| Guideline 18. | Promote a lifecycle approach to work through: |
| --- | --- |

Guideline 18.

Promote a lifecycle approach to work through:

| — | a renewed endeavour to build employment pathways for young people and reduce youth unemployment, as called for in the European Youth Pact, |
| --- | --- |

—

a renewed endeavour to build employment pathways for young people and reduce youth unemployment, as called for in the European Youth Pact,

| — | a renewed endeavour to build employment pathways for young people and reduce youth unemployment, as called for in the European Youth Pact,
  whilst combating sex discrimination, |
| --- | --- |

—

a renewed endeavour to build employment pathways for young people and reduce youth unemployment, as called for in the European Youth Pact,
  whilst combating sex discrimination,

| — | measures to ensure that people combining work and care are not penalised later in life as regards pensions and social security benefits, |
| --- | --- |

—

measures to ensure that people combining work and care are not penalised later in life as regards pensions and social security benefits,

| — | measures to enable persons who lose their job later in life to get back to work, and action to eradicate age-based discrimination, aimed in particular at people over the age of 40 and including forms of self-employment and self-organisation, |
| --- | --- |

—

measures to enable persons who lose their job later in life to get back to work, and action to eradicate age-based discrimination, aimed in particular at people over the age of 40 and including forms of self-employment and self-organisation,

| — | resolute action to increase female participation and reduce gender gaps in employment, unemployment and pay, |
| --- | --- |

—

resolute action to increase female participation and reduce gender gaps in employment, unemployment and pay,

| — | resolute action to increase female participation and reduce gender gaps in employment, unemployment and
  vocational training, to ensure equal
  pay
  and promote gender equality, including measures strengthening equal opportunities and increasing the employment rate for women as called for in the European Pact for Gender Equality, |
| --- | --- |

—

resolute action to increase female participation and reduce gender gaps in employment, unemployment and
  vocational training, to ensure equal
  pay
  and promote gender equality, including measures strengthening equal opportunities and increasing the employment rate for women as called for in the European Pact for Gender Equality,

| — | particular focus on the different impact of benefits systems on men and women and review of any benefit structures that impact negatively on women's participation in the labour force, |
| --- | --- |

—

particular focus on the different impact of benefits systems on men and women and review of any benefit structures that impact negatively on women's participation in the labour force,

| — | better reconciliation of work and private life and the provision of accessible and affordable childcare facilities and care for other dependants, |
| --- | --- |

—

better reconciliation of work and private life and the provision of accessible and affordable childcare facilities and care for other dependants,

| — | better reconciliation of work and private
  and family
  life and the provision of accessible and affordable
  quality
  childcare facilities and care for other dependants
  including parental and other leave schemes
  , |
| --- | --- |

—

better reconciliation of work and private
  and family
  life and the provision of accessible and affordable
  quality
  childcare facilities and care for other dependants
  including parental and other leave schemes
  ,

| — | particular focus on women and men considering a return to paid work after an absence and examining how gradually to eliminate obstacles to such return without loss of job quality, |
| --- | --- |

—

particular focus on women and men considering a return to paid work after an absence and examining how gradually to eliminate obstacles to such return without loss of job quality,

| — | support for active ageing, including appropriate working conditions, improved (occupational) health status and adequate incentives to work and
  discouragement of early retirement
  , |
| --- | --- |

—

support for active ageing, including appropriate working conditions, improved (occupational) health status and adequate incentives to work and
  discouragement of early retirement
  ,

| — | support for active ageing, including appropriate working conditions, improved occupational health status and adequate incentives to work and
  encouraging workers to prolong their working lives if they wish to retire later
  , |
| --- | --- |

—

support for active ageing, including appropriate working conditions, improved occupational health status and adequate incentives to work and
  encouraging workers to prolong their working lives if they wish to retire later
  ,

| — | modern social protection systems, including pensions and healthcare, ensuring their social adequacy, financial sustainability and responsiveness to changing needs, so as to support participation and better retention in employment and longer working lives. |
| --- | --- |

—

modern social protection systems, including pensions and healthcare, ensuring their social adequacy, financial sustainability and responsiveness to changing needs, so as to support participation and better retention in employment and longer working lives.

| — | modern social protection systems, including pensions and healthcare, ensuring their social adequacy, financial sustainability and responsiveness to changing needs, so as to support participation and better retention in employment and longer working lives. |
| --- | --- |

—

modern social protection systems, including pensions and healthcare, ensuring their social adequacy, financial sustainability and responsiveness to changing needs, so as to support participation and better retention in employment and longer working lives.

See also integrated guideline ‘To safeguard economic and fiscal sustainability as a basis for increased employment’ (No 2).

See also integrated guideline ‘To safeguard economic and fiscal sustainability as a basis for increased employment’ (No 2).

Active inclusion policies can increase labour supply and strengthen society's cohesiveness and are a powerful means of promoting the social and labour market integration of the most disadvantaged. Every person becoming unemployed must be offered
  a new start
  in a reasonable period of time. In the case of young people this period should be short, e.g. at most 4 months by 2010; for adult people at most 12 months. Policies aiming at offering active labour market measures to the long-term unemployed should be pursued, taking into consideration the participation rate benchmark of 25 % in 2010. Activation should be in the form of training, retraining, work practice, a job or other employability measure, combined where appropriate with on-going job search assistance. Facilitating access to employment for job seekers, preventing unemployment and ensuring that those who become unemployed remain closely connected to the labour market and employable are essential to increase participation, and combat social exclusion.
  This is also in line with a flexicurity approach.
   Attaining these objectives requires removing barriers to the labour market by assisting with effective job searching, facilitating access to training and other active labour market measures, ensuring affordable access to basic services and providing adequate levels of minimum resources to all. This approach should, at the same time, ensure that work pays for all workers, as well as remove unemployment, poverty and inactivity traps. Special attention should be paid to promoting the inclusion of disadvantaged

Active inclusion policies can increase labour supply and strengthen society's cohesiveness and are a powerful means of promoting the social and labour market integration of the most disadvantaged. Every person becoming unemployed must be offered
  the possibility of employment, an apprenticeship, further training or other measures leading to employment
  in a reasonable period of time. In the case of young people this period should be short, e.g. at most 4 months by 2010; for adult people at most 12 months. Policies aiming at offering active labour market measures to the long-term unemployed should be pursued, taking into consideration the participation rate benchmark of 25 % in 2010. Activation should be in the form of training, retraining, work practice, a job or other employability measure, combined where appropriate with ongoing job search assistance. Facilitating access to employment for job seekers, preventing unemployment and ensuring that those who become unemployed remain closely connected to the labour market and employable are essential to increase participation, and combat social exclusion. Attaining these objectives requires removing barriers to the labour market by assisting with effective job searching, facilitating access to training and other active labour market measures, ensuring affordable access to basic services and providing adequate levels of minimum resources to all
  , while implementing the principle of fair remuneration as an economic incentive to work
  . This approach should, at the same time, ensure that work pays for

people, including low-skilled workers, in the labour market, including through the expansion of social services and the social economy, as well as the development of new sources of jobs in response to collective needs. Combating discrimination, promoting access to employment for disabled people and integrating immigrants and minorities are particularly essential.

all workers
  and that the principle of ‘equal pay for work of equal value’ is upheld
  , as well as removing unemployment, poverty and inactivity traps. Special attention should be paid to promoting the inclusion of disadvantaged people, including low-skilled workers, in the labour market, including through the expansion of social services and the social economy, as well as the development of new sources of jobs in response to collective needs. Combating discrimination, promoting access to employment for
  women and
  disabled people and integrating immigrants and minorities are particularly essential.
  Local best practices relating to the experience of social cooperatives, and all forms of corporate social responsibility should be taken into account.

| — | development of new sources of jobs in services for individuals and businesses, notably at local level. |
| --- | --- |

—

development of new sources of jobs in services for individuals and businesses, notably at local level.

| — | development of new sources of jobs in services for individuals and businesses,
  the not-for-profit sector and the social economy,
  notably at local level. |
| --- | --- |

—

development of new sources of jobs in services for individuals and businesses,
  the not-for-profit sector and the social economy,
  notably at local level.

| Guideline 19a. | Ensure the active social integration of all and tackle poverty and social exclusion by guaranteeing a decent income and better access to quality social services together with better access to the labour market through the expansion of job opportunities and initial or ongoing vocational training. |
| --- | --- |

Guideline 19a.

| — | promoting stakeholder partnership models to enhance the local and regional potential to be tapped in local entities, employing open, participatory forms of organisation, |
| --- | --- |

—

promoting stakeholder partnership models to enhance the local and regional potential to be tapped in local entities, employing open, participatory forms of organisation,

| — | preventing the brain drain from peripheral regions of the European Union or from Member States through regional economic, social and structural investment
  . |
| --- | --- |

—

preventing the brain drain from peripheral regions of the European Union or from Member States through regional economic, social and structural investment
  .

| 2. | Improve adaptability of workers and enterprises, |
| --- | --- |

2.

Improve adaptability of workers and enterprises,

| 2. | Improve adaptability
  and security for
  workers and enterprises
  (enhancing job security) |
| --- | --- |

2.

Improve adaptability
  and security for
  workers and enterprises
  (enhancing job security)

| Guideline 21. | Promote flexibility combined with employment security and reduce labour market segmentation, having due regard to the role of the social partners
  , through
  : |
| --- | --- |

Guideline 21.

Promote flexibility combined with employment security and reduce labour market segmentation, having due regard to the role of the social partners
  , through
  :

| Guideline 21. | Promote flexibility combined with security and reduce labour market segmentation, having due regard to the role of the social partners
  and taking into account the following key components
  : |
| --- | --- |

Guideline 21.

Promote flexibility combined with security and reduce labour market segmentation, having due regard to the role of the social partners
  and taking into account the following key components
  :

| — | flexible and reliable contractual arrangements through modern labour laws, collective agreements and work organisation, |
| --- | --- |

—

flexible and reliable contractual arrangements through modern labour laws, collective agreements and work organisation,

| — | comprehensive lifelong learning strategies to ensure the continual adaptability and employability of workers, particularly the most vulnerable, |
| --- | --- |

—

comprehensive lifelong learning strategies to ensure the continual adaptability and employability of workers, particularly the most vulnerable,

| — | effective active labour market policies (ALMP) not involving an active early-retirement policy, but, rather, integrating older and experienced workers into working life to a greater extent, in order to help people cope with rapid change and reduce periods of unemployment and to ease transition to new jobs, |
| --- | --- |

—

effective active labour market policies (ALMP) not involving an active early-retirement policy, but, rather, integrating older and experienced workers into working life to a greater extent, in order to help people cope with rapid change and reduce periods of unemployment and to ease transition to new jobs,

| — | modern social security systems that provide adequate income support, encourage employment and facilitate labour market mobility
  . |
| --- | --- |

—

modern social security systems that provide adequate income support, encourage employment and facilitate labour market mobility
  .

This also involves:

| — | the adaptation of employment legislation, reviewing where necessary the different contractual and working time arrangements, |
| --- | --- |

—

the adaptation of employment legislation, reviewing where necessary the different contractual and working time arrangements,

| — | the adaptation of employment legislation, reviewing where necessary the different contractual and working time arrangements
  and guaranteeing core employment rights, regardless of employment status with the aim of promoting stable employment relationships
  , |
| --- | --- |

—

the adaptation of employment legislation, reviewing where necessary the different contractual and working time arrangements
  and guaranteeing core employment rights, regardless of employment status with the aim of promoting stable employment relationships
  ,

| — | addressing
  the issue of undeclared work, |
| --- | --- |

—

addressing
  the issue of undeclared work,

| — | applying preventive measures, backed up by penalties, to address
  the issue of undeclared work,
  with a view to reducing the prevalence of non-legal forms of work, via the reinforcement and capacity development of the specialist workplace inspection bodies, |
| --- | --- |

—

applying preventive measures, backed up by penalties, to address
  the issue of undeclared work,
  with a view to reducing the prevalence of non-legal forms of work, via the reinforcement and capacity development of the specialist workplace inspection bodies,

| — | better anticipation and positive management of change, including economic restructuring, notably changes linked to trade opening, so as to minimise their social costs and facilitate adaptation, |
| --- | --- |

—

better anticipation and positive management of change, including economic restructuring, notably changes linked to trade opening, so as to minimise their social costs and facilitate adaptation,

| — | better anticipation and positive management of change, including economic restructuring, notably changes linked to trade opening, so as to minimise their social costs and facilitate adaptation, |
| --- | --- |

—

better anticipation and positive management of change, including economic restructuring, notably changes linked to trade opening, so as to minimise their social costs and facilitate adaptation,

| — | the promotion and dissemination of innovative and adaptable forms of work organisation, with a view to improving quality and productivity at work, including health and safety, |
| --- | --- |

—

the promotion and dissemination of innovative and adaptable forms of work organisation, with a view to improving quality and productivity at work, including health and safety,

| — | the promotion and dissemination of innovative and adaptable forms of work organisation, with a view to improving quality and productivity at work, including
  workplace
  health and safety
  and the provision of reasonable accommodation for disabled people
  , |
| --- | --- |

—

the promotion and dissemination of innovative and adaptable forms of work organisation, with a view to improving quality and productivity at work, including
  workplace
  health and safety
  and the provision of reasonable accommodation for disabled people
  ,

| — | support for transitions in occupational status, including training, self-employment, business creation and geographic mobility. |
| --- | --- |

—

support for transitions in occupational status, including training, self-employment, business creation and geographic mobility.

| — | support for transitions in occupational status, including training, self-employment, business creation and geographic mobility, |
| --- | --- |

—

support for transitions in occupational status, including training, self-employment, business creation and geographic mobility,

| — | paying particular attention to obstacles that hinder women who wish to set up new businesses or become self-employed, with a view to their removal. |
| --- | --- |

—

paying particular attention to obstacles that hinder women who wish to set up new businesses or become self-employed, with a view to their removal.

The Member States should implement their own pathways based on the common principles of flexicurity adopted by the Council.

The involvement of the social partners in the design and implementation of flexicurity policies through the social dialogue and collective bargaining is of crucial importance.

See also integrated guideline ‘To promote greater coherence between macroeconomic, structural and employment policies’ (No 5).

See also integrated guideline ‘To promote greater coherence between macroeconomic, structural and employment policies’ (No 5).

To maximise job creation, preserve competitiveness and contribute to the general economic framework, overall wage developments should be in line with productivity growth over the economic cycle and should reflect the labour market situation. The gender pay gap should be reduced. Particular attention should be given to the low level of wages in professions and sectors which tend to be dominated by women and to the reasons which lead to reduced earnings in professions and sectors in which women become more prominent. Efforts to reduce non-wage labour costs and to review the tax wedge may also be needed to facilitate job creation, especially for low-wage employment.

To maximise job creation, preserve competitiveness and contribute to the general economic framework, overall wage developments should be in line with productivity growth over the economic cycle and should reflect the labour market situation. The gender pay gap should be reduced. Particular attention should be given
  , with a view to narrowing the pay gap between the sexes,
  to the low level of wages in professions and sectors which tend to be dominated by women and to the reasons which lead to reduced earnings in professions and sectors in which women become more prominent. Efforts to reduce non-wage labour costs and to review the tax wedge may also be needed to facilitate job creation, especially for low-wage employment.

| — | encouraging social partners within their own areas of responsibility to set the right framework for wage bargaining in order to reflect productivity and labour market challenges at all relevant levels and to avoid gender pay gaps, |
| --- | --- |

—

encouraging social partners within their own areas of responsibility to set the right framework for wage bargaining in order to reflect productivity and labour market challenges at all relevant levels and to avoid gender pay gaps,

| — | encouraging social partners within their own areas of responsibility to set the right framework for wage bargaining in order to reflect productivity and labour market challenges at all relevant levels
  , to guarantee European citizens sufficient purchasing power
  and to avoid gender pay gaps
  and growing inequalities
  , |
| --- | --- |

—

encouraging social partners within their own areas of responsibility to set the right framework for wage bargaining in order to reflect productivity and labour market challenges at all relevant levels
  , to guarantee European citizens sufficient purchasing power
  and to avoid gender pay gaps
  and growing inequalities
  ,

Europe needs to invest more and more effectively in human capital. Too many people fail to enter, progress or remain in the labour market because of a lack of skills, or due to skills mismatches. To enhance access to employment for men and women of all ages, raise productivity levels, innovation and quality at work, the EU needs higher and more effective investment in human capital and lifelong learning in line with the flexicurity concept for the benefit of individuals, enterprises, the economy and society.

Europe needs to invest more and more effectively in human capital. Too many people fail to enter, progress or remain in the labour market because of a lack of skills, or due to skills mismatches. To enhance access to employment
  on the basis of equal opportunities
  for men and women of all ages, raise productivity levels, innovation and quality at work,
  and assist workers in adapting to new conditions arising from rapid change,
  the EU needs higher and more effective investment in human capital and
  lifelong professional training, via access to the various forms of
  lifelong learning in line with the flexicurity concept for the benefit of individuals, enterprises, the economy and society.

| Guideline 23. | Expand and improve investment in human capital through: |
| --- | --- |

Guideline 23.

Expand and improve investment in human capital through:

| Guideline 23. | Expand
  lifelong learning opportunities
  and improve investment in human capital through: |
| --- | --- |

Guideline 23.

Expand
  lifelong learning opportunities
  and improve investment in human capital through:

| — | inclusive education and training policies and action to facilitate significantly access to initial vocational, secondary and higher education, including apprenticeships and entrepreneurship training, |
| --- | --- |

—

inclusive education and training policies and action to facilitate significantly access to initial vocational, secondary and higher education, including apprenticeships and entrepreneurship training,

| — | inclusive education and training policies and action to facilitate significantly access to initial vocational, secondary and higher education, including apprenticeships and entrepreneurship training
  and the accreditation of experience acquired
  , |
| --- | --- |

—

inclusive education and training policies and action to facilitate significantly access to initial vocational, secondary and higher education, including apprenticeships and entrepreneurship training
  and the accreditation of experience acquired
  ,

| — | significantly
  reducing the number of early school leavers, |
| --- | --- |

—

significantly
  reducing the number of early school leavers,

| — | reducing the number of early school leavers
  to as great an extent as possible in order to prevent pupils from leaving school without qualifications and thereby running a high risk of unemployment, |
| --- | --- |

—

reducing the number of early school leavers
  to as great an extent as possible in order to prevent pupils from leaving school without qualifications and thereby running a high risk of unemployment,

| — | efficient lifelong learning strategies open to all in schools, businesses, public authorities and households according to European agreements, including appropriate incentives and cost-sharing mechanisms, with a view to enhancing participation in continuous and workplace training throughout the life-cycle, especially for the low-skilled and older workers. |
| --- | --- |

—

efficient lifelong learning strategies open to all in schools, businesses, public authorities and households according to European agreements, including appropriate incentives and cost-sharing mechanisms, with a view to enhancing participation in continuous and workplace training throughout the life-cycle, especially for the low-skilled and older workers.

| — | efficient lifelong learning strategies open to all in schools, businesses, public authorities and households according to European agreements, including appropriate incentives and cost-sharing mechanisms, with a view to enhancing participation in continuous and workplace training throughout the life-cycle, especially for the low-skilled and older workers
  , |
| --- | --- |

—

efficient lifelong learning strategies open to all in schools, businesses, public authorities and households according to European agreements, including appropriate incentives and cost-sharing mechanisms, with a view to enhancing participation in continuous and workplace training throughout the life-cycle, especially for the low-skilled and older workers
  ,

| — | ensuring the conditions for facilitating access by women to education, continuing training and lifelong learning, in particular access to training and the necessary qualifications for careers
  . |
| --- | --- |

—

ensuring the conditions for facilitating access by women to education, continuing training and lifelong learning, in particular access to training and the necessary qualifications for careers
  .

See also integrated guideline ‘To increase and improve investment in R & D, in particular by private business’ (No 7).

See also integrated guideline ‘To increase and improve investment in R & D, in particular by private business’ (No 7).

Setting ambitious objectives and increasing the level of investment by all actors is not enough. To ensure that supply meets demand in practice, lifelong learning systems must be affordable, accessible and responsive to changing needs. Adaptation and capacity-building of education and training systems is necessary to improve their labour market relevance, their responsiveness to the needs of the knowledge-based economy and society
  and
  their efficiency and
  equity
  . ICT can be used to improve access to learning and better tailor it to the needs of employers and employees. Greater mobility for both work and learning purposes is also needed to access job opportunities more widely in the EU at large. The remaining obstacles to mobility within the European labour market should be lifted, in particular those relating to the recognition and transparency and use of qualifications and learning outcomes, notably through the implementation of the European Qualifications Framework. It will be important to make use of the agreed European instruments and references to support reforms of national education and training systems, as is laid down in the Education and Training 2010 Work Programme.

Setting ambitious objectives and increasing the level of investment by all actors is not enough. To ensure that supply meets demand in practice, lifelong learning systems must be affordable, accessible and responsive to changing needs. Adaptation and capacity-building of education and training systems is necessary to improve their labour market relevance, their responsiveness to the needs of the knowledge-based economy and society
  ,
  their efficiency and
  their accessibility and availability on an equitable basis. Access to education and training for men and women of all ages and the matching of needs with skills and with the education and training provided by the public and private sector, must be accompanied by a system of lifelong careers guidance
  . ICT can be used to improve access to learning and better tailor it to the needs of employers and employees. Greater mobility for both work and learning purposes is also needed to access job opportunities more widely in the EU at large. The remaining obstacles to mobility within the European labour market should be lifted, in particular those relating to the recognition and transparency and use of qualifications and learning outcomes, notably through the implementation of the European Qualifications Framework. It will be important to make use of the agreed European instruments and references to support reforms of national education and training systems, as is laid down in the Education and Training 2010 Work Programme.

| — | enabling educational techniques and teaching content to be passed on through successive generations of teachers, |
| --- | --- |

—

enabling educational techniques and teaching content to be passed on through successive generations of teachers,

| — | providing for foreign language learning as part of initial and lifelong training. |
| --- | --- |

—

providing for foreign language learning as part of initial and lifelong training.

The following targets and benchmarks were agreed in the context of the European Employment Strategy:

| — | that every unemployed person is offered a new start before reaching 4 months of unemployment in the case of young people and 12 months in the case of adults in the form of training, retraining, work practice, a job or other employability measure, combined where appropriate with on-going job search assistance, |
| --- | --- |

—

that every unemployed person is offered a new start before reaching 4 months of unemployment in the case of young people and 12 months in the case of adults in the form of training, retraining, work practice, a job or other employability measure, combined where appropriate with on-going job search assistance,

| — | that 25 % of the long-term unemployed should participate by 2010 in an active measure in the form of training, retraining, work practice, or another employability measure, with the aim of achieving the average of the three most advanced Member States, |
| --- | --- |

—

that 25 % of the long-term unemployed should participate by 2010 in an active measure in the form of training, retraining, work practice, or another employability measure, with the aim of achieving the average of the three most advanced Member States,

| — | that jobseekers throughout the EU are able to consult all job vacancies advertised through Member States' employment services, in order to promote mobility of jobseekers on the European labour market, |
| --- | --- |

—

that jobseekers throughout the EU are able to consult all job vacancies advertised through Member States' employment services, in order to promote mobility of jobseekers on the European labour market,

| — | an increase by five years, at EU level, of the effective average exit age from the labour market by 2010 (compared to 59,9 in 2001), |
| --- | --- |

—

an increase by five years, at EU level, of the effective average exit age from the labour market by 2010 (compared to 59,9 in 2001),

| — | the provision of childcare by 2010 to at least 90 % of children between 3 years old and the mandatory school age and at least 33 % of children under 3 years of age, |
| --- | --- |

—

the provision of childcare by 2010 to at least 90 % of children between 3 years old and the mandatory school age and at least 33 % of children under 3 years of age,

| — | an EU average rate of no more than 10 % early school leavers, |
| --- | --- |

—

an EU average rate of no more than 10 % early school leavers,

| — | that at least 85 % of 22-year olds should have completed upper secondary education by 2010, |
| --- | --- |

—

that at least 85 % of 22-year olds should have completed upper secondary education by 2010,

| — | that the EU average level of participation in lifelong learning should be at least 12,5 % of the adult working-age population (25 to 64 age group). |
| --- | --- |

—

that the EU average level of participation in lifelong learning should be at least 12,5 % of the adult working-age population (25 to 64 age group).

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/163 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/163

---

2009 budget: Parliament's estimates

P6_TA(2008)0208

European Parliament resolution of 20 May 2008 on Parliament's estimates of revenue and expenditure for the financial year 2009 (2008/2022(BUD))

(2009/C 279 E/33)

The European Parliament,

| — | having regard to Article 272(2) of the EC Treaty, |
| --- | --- |

—

having regard to Article 272(2) of the EC Treaty,

| — | having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and particularly Article 31, |
| --- | --- |

—

having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and particularly Article 31,

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (2),

| — | having regard to its resolution of 10 April 2008 on the guidelines for the 2009 budget procedure — Sections I, II, IV, V, VI, VII, VIII and IX (3), |
| --- | --- |

—

having regard to its resolution of 10 April 2008 on the guidelines for the 2009 budget procedure — Sections I, II, IV, V, VI, VII, VIII and IX (3),

| — | having regard to the Secretary-General's report to the Bureau on drawing up Parliament's preliminary draft estimates for the financial year 2009, |
| --- | --- |

—

having regard to the Secretary-General's report to the Bureau on drawing up Parliament's preliminary draft estimates for the financial year 2009,

| — | having regard to the preliminary draft estimates drawn up by the Bureau on 21 April 2008 pursuant to Rules 22(6) and 73 of Parliament's Rules of Procedure, |
| --- | --- |

—

having regard to the preliminary draft estimates drawn up by the Bureau on 21 April 2008 pursuant to Rules 22(6) and 73 of Parliament's Rules of Procedure,

| — | having regard to Rule 73 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 73 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A6-0181/2008), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A6-0181/2008),

| A. | whereas a pilot process was agreed in which enhanced cooperation between the Bureau and the Committee on Budgets, and early mutual cooperation on all items with significant budgetary implications, would be applied throughout the 2009 procedure, |
| --- | --- |

A.

whereas a pilot process was agreed in which enhanced cooperation between the Bureau and the Committee on Budgets, and early mutual cooperation on all items with significant budgetary implications, would be applied throughout the 2009 procedure,

| B. | whereas the prerogatives of the plenary in adopting the budget will be fully maintained in accordance with the Treaty provisions and the Rules of Procedure, |
| --- | --- |

B.

whereas the prerogatives of the plenary in adopting the budget will be fully maintained in accordance with the Treaty provisions and the Rules of Procedure,

| C. | whereas a pre-conciliation meeting between delegations of the Bureau and the Committee on Budgets took place on 16 April 2008 during which a number of key issues were discussed between the two delegations, |
| --- | --- |

C.

whereas a pre-conciliation meeting between delegations of the Bureau and the Committee on Budgets took place on 16 April 2008 during which a number of key issues were discussed between the two delegations,

| 1. | Recalls that the 2009 budget should respond to a number of main challenges, as identified in its abovementioned resolution of 10 April 2008 on the budgetary guidelines, while making every effort to ensure the most efficient use of resources and examining all expenditure with a view to identifying savings wherever possible; stresses the high degree of accord on the following areas:






  — | challenges related to the entry into force of the Lisbon Treaty, |
| --- | --- | --- |

1.

Recalls that the 2009 budget should respond to a number of main challenges, as identified in its abovementioned resolution of 10 April 2008 on the budgetary guidelines, while making every effort to ensure the most efficient use of resources and examining all expenditure with a view to identifying savings wherever possible; stresses the high degree of accord on the following areas:

—

challenges related to the entry into force of the Lisbon Treaty,

| — | challenges related to 2009 as an election year for the Parliament, |
| --- | --- |

—

challenges related to 2009 as an election year for the Parliament,

| — | challenges related to the new Statute for Members and to the change of term; |
| --- | --- |

—

challenges related to the new Statute for Members and to the change of term;

| 2. | Takes note of the extended dialogue leading up to the estimates stage for 2009 and, particularly, welcomes the pilot process on enhanced internal cooperation, including the pre-conciliation meeting between its Bureau and the Committee on Budgets, in which budgetary issues related to the priorities above were discussed prior to the Bureau's adoption of its preliminary draft estimates; |
| --- | --- |

2.

Takes note of the extended dialogue leading up to the estimates stage for 2009 and, particularly, welcomes the pilot process on enhanced internal cooperation, including the pre-conciliation meeting between its Bureau and the Committee on Budgets, in which budgetary issues related to the priorities above were discussed prior to the Bureau's adoption of its preliminary draft estimates;

| 3. | Notes that the overall level of the budget 2009, as suggested by the Bureau, will stay below the traditional voluntary share of 20 % of heading 5 (administrative expenditure) of the multi-annual financial framework; |
| --- | --- |

3.

Notes that the overall level of the budget 2009, as suggested by the Bureau, will stay below the traditional voluntary share of 20 % of heading 5 (administrative expenditure) of the multi-annual financial framework;

| 4. | Stresses the fact that human resources, and overall resources for Lisbon-related issues, were predominant questions at the pre-conciliation; welcomes the fact that the Bureau acted on concerns raised by integrating the proposed 65 new posts into the estimates (corresponding to EUR 2 020 023 for 2009) but, at the same time, placing 15 % of those appropriations in reserve pending the submission by the end of June 2008 of complementary information, such as an analytical, detailed and user-friendly establishment plan assessing the allocation and use of human resources in Parliament's secretariat, including a detailed report on redeployment operations in 2008 and those planned for 2009, indicating positive and negative priorities; considers that this should include changes within and between DGs and an outlook in view of reinforcing core legislative activities and services to Members; is of the opinion that information concerning non-officials should be provided in order to allow full comprehension of the needs in terms of staff; |
| --- | --- |

4.

Stresses the fact that human resources, and overall resources for Lisbon-related issues, were predominant questions at the pre-conciliation; welcomes the fact that the Bureau acted on concerns raised by integrating the proposed 65 new posts into the estimates (corresponding to EUR 2 020 023 for 2009) but, at the same time, placing 15 % of those appropriations in reserve pending the submission by the end of June 2008 of complementary information, such as an analytical, detailed and user-friendly establishment plan assessing the allocation and use of human resources in Parliament's secretariat, including a detailed report on redeployment operations in 2008 and those planned for 2009, indicating positive and negative priorities; considers that this should include changes within and between DGs and an outlook in view of reinforcing core legislative activities and services to Members; is of the opinion that information concerning non-officials should be provided in order to allow full comprehension of the needs in terms of staff;

| 5. | Emphasises that the cooperation between its Bureau and Committee on Budgets in jointly seeking such additional clarifications constitutes a new and positive development; underlines the importance of ex-ante and timely consultation of the Committee on Budgets on issues with important financial implications; |
| --- | --- |

5.

Emphasises that the cooperation between its Bureau and Committee on Budgets in jointly seeking such additional clarifications constitutes a new and positive development; underlines the importance of ex-ante and timely consultation of the Committee on Budgets on issues with important financial implications;

| 6. | Agrees with the principle of budgeting all foreseeable needs in the Bureau's preliminary draft estimates, including a ‘Lisbon reserve’ of EUR 2 million awaiting further evaluation, and a proposal from the Bureau, which should take account of the results of the ongoing working group on human and financial resources tasked with analysing the impact; reiterates its view that the tasks and responsibilities which can genuinely be regarded as new following the new Treaty, as well activities that can be discontinued or re-prioritised, are especially important to identify; |
| --- | --- |

6.

Agrees with the principle of budgeting all foreseeable needs in the Bureau's preliminary draft estimates, including a ‘Lisbon reserve’ of EUR 2 million awaiting further evaluation, and a proposal from the Bureau, which should take account of the results of the ongoing working group on human and financial resources tasked with analysing the impact; reiterates its view that the tasks and responsibilities which can genuinely be regarded as new following the new Treaty, as well activities that can be discontinued or re-prioritised, are especially important to identify;

| 7. | Underlines the fact that the new Lisbon Treaty also provides a challenge for political groups; acknowledges that, in line with the reinforcement of the core activities of parliamentary administration, political groups will also need strengthening in terms of staff, while observing budgetary prudence; |
| --- | --- |

7.

Underlines the fact that the new Lisbon Treaty also provides a challenge for political groups; acknowledges that, in line with the reinforcement of the core activities of parliamentary administration, political groups will also need strengthening in terms of staff, while observing budgetary prudence;

| 8. | Notes also that the Bureau has indicated that an additional need, not currently budgeted, might arise for the Visitors' Centre; points out that this has been identified late and understands that the amount would be of a multi-annual nature; recalls its wish, as agreed under the pilot process, to have a timely consultation of the Committee on Budgets on issues with significant financial implications; |
| --- | --- |

8.

Notes also that the Bureau has indicated that an additional need, not currently budgeted, might arise for the Visitors' Centre; points out that this has been identified late and understands that the amount would be of a multi-annual nature; recalls its wish, as agreed under the pilot process, to have a timely consultation of the Committee on Budgets on issues with significant financial implications;

| 9. | Notes the proposal to continue a three-year plan to reclaim expertise in the IT area, reducing the dependence on external consultants in some key areas, and the proposal for an increase of posts in this area; agrees to consider this approach but is of the opinion that, in order to maintain such increases for the final budget, related savings in the current consultant costs should be demonstrated; invites the administration to present before September 2008 a complete assessment of the situation including a coherent IT strategy; |
| --- | --- |

9.

Notes the proposal to continue a three-year plan to reclaim expertise in the IT area, reducing the dependence on external consultants in some key areas, and the proposal for an increase of posts in this area; agrees to consider this approach but is of the opinion that, in order to maintain such increases for the final budget, related savings in the current consultant costs should be demonstrated; invites the administration to present before September 2008 a complete assessment of the situation including a coherent IT strategy;

| 10. | Notes that a long-term strategic plan on buildings policy including maintenance costs and environmental issues will be presented before the end of May 2008; stresses the importance of a thorough debate on this issue in view of arriving at relevant decisions on the way forward and the destination of these appropriations as soon as possible; wishes to be informed about the work of the Bureau with the Commission on an agreement on purchase of buildings and costs; pending such information, takes note of the fact that the buildings reserve included in the draft estimates amounts to EUR 30 000 000, an increase of EUR 10 000 000 compared to 2008; decides to place in reserve EUR 3 400 000 entered by the Bureau in the preliminary draft estimates, pending technical, administrative and financial clarifications on the proposed asbestos removal work in the SDM building in Strasbourg; |
| --- | --- |

10.

Notes that a long-term strategic plan on buildings policy including maintenance costs and environmental issues will be presented before the end of May 2008; stresses the importance of a thorough debate on this issue in view of arriving at relevant decisions on the way forward and the destination of these appropriations as soon as possible; wishes to be informed about the work of the Bureau with the Commission on an agreement on purchase of buildings and costs; pending such information, takes note of the fact that the buildings reserve included in the draft estimates amounts to EUR 30 000 000, an increase of EUR 10 000 000 compared to 2008; decides to place in reserve EUR 3 400 000 entered by the Bureau in the preliminary draft estimates, pending technical, administrative and financial clarifications on the proposed asbestos removal work in the SDM building in Strasbourg;

| 11. | Confirms its intention to continue the financing of priorities established in the 2008 budget, notably to improve services to Members in connection with interpretation and with the analytical service of the library; |
| --- | --- |

11.

Confirms its intention to continue the financing of priorities established in the 2008 budget, notably to improve services to Members in connection with interpretation and with the analytical service of the library;

| 12. | Stresses the importance of good cooperation between the European institutions, particularly Parliament, the Council and the Commission, in the field of information and communication policy; |
| --- | --- |

12.

Stresses the importance of good cooperation between the European institutions, particularly Parliament, the Council and the Commission, in the field of information and communication policy;

| 13. | Is satisfied that reasonable estimations have been carried out as concerns the expenditure related to the new Members' Statute; insists that any updated figures should be communicated as soon as possible and underlines the possibility of fine-tuning the associated appropriations at a later stage; welcomes the commitment of the Secretary-General to immediately update its Bureau and Committee on Budgets on any new information from the Member States on their intended participation and/or opt-outs as and when it becomes available; |
| --- | --- |

13.

Is satisfied that reasonable estimations have been carried out as concerns the expenditure related to the new Members' Statute; insists that any updated figures should be communicated as soon as possible and underlines the possibility of fine-tuning the associated appropriations at a later stage; welcomes the commitment of the Secretary-General to immediately update its Bureau and Committee on Budgets on any new information from the Member States on their intended participation and/or opt-outs as and when it becomes available;

| 14. | Is also encouraged by the information that contacts have been made with Member States, the Council and the current and forthcoming Council Presidencies, concerning the agreement on a Statute for Assistants; recalls, in this respect, its guidelines and stresses once again the importance it attaches to resolving this issue; |
| --- | --- |

14.

Is also encouraged by the information that contacts have been made with Member States, the Council and the current and forthcoming Council Presidencies, concerning the agreement on a Statute for Assistants; recalls, in this respect, its guidelines and stresses once again the importance it attaches to resolving this issue;

| 15. | Looks forward to the proposal on a Knowledge Management System that should be presented to the Bureau within the next few weeks; reaffirms its intention to follow this issue closely and its recommendation to the Bureau to take the necessary decisions before the middle of July 2008; |
| --- | --- |

15.

Looks forward to the proposal on a Knowledge Management System that should be presented to the Bureau within the next few weeks; reaffirms its intention to follow this issue closely and its recommendation to the Bureau to take the necessary decisions before the middle of July 2008;

| 16. | Notwithstanding the positive outcome of the enhanced cooperation so far, and the results of the pre-conciliation meeting in particular, underlines that a more detailed examination of individual budget items should take place before the first reading of the budget in autumn 2008; will thus examine and take the final budgetary decisions at that time; |
| --- | --- |

16.

Notwithstanding the positive outcome of the enhanced cooperation so far, and the results of the pre-conciliation meeting in particular, underlines that a more detailed examination of individual budget items should take place before the first reading of the budget in autumn 2008; will thus examine and take the final budgetary decisions at that time;

| 17. | Adopts the estimates for the financial year 2009 as drawn up by the Bureau on 21 April 2008; recalls that the adoption of the draft budget will take place at first reading in October 2008, in accordance with the voting procedure laid down by the Treaty; |
| --- | --- |

17.

Adopts the estimates for the financial year 2009 as drawn up by the Bureau on 21 April 2008; recalls that the adoption of the draft budget will take place at first reading in October 2008, in accordance with the voting procedure laid down by the Treaty;

| 18. | Instructs its President to forward this resolution and the estimates to the Council and the Commission. |
| --- | --- |

18.

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

---

(1)  OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).

(2)  OJ C 139, 14.6.2006, p. 1. Agreement as amended by Decision 2008/29/EC of the European Parliament and of the Council (OJ L 6, 10.1.2008, p. 7).

(3)  Texts Adopted, P6_TA(2008)0115.

---

Wednesday 21 May 2008

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/166 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/166

---

Banning of exports and the safe storage of metallic mercury ***II

P6_TA(2008)0214

European Parliament legislative resolution of 21 May 2008 on the Council common position for adopting a regulation of the European Parliament and of the Council on the banning of exports and the safe storage of metallic mercury (11488/1/2007 — C6-0034/2008 — 2006/0206(COD))

(2009/C 279 E/34)

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (11488/1/2007 — C6-0034/2008), |
| --- | --- |

—

having regard to the Council common position (11488/1/2007 — C6-0034/2008),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2006)0636), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2006)0636),

| — | having regard to Article 251(2) of the EC Treaty, |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty,

| — | having regard to Rule 62 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 62 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0102/2008), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0102/2008),

| 1. | Approves the common position as amended; |
| --- | --- |

1.

Approves the common position as amended;

| 2. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and Commission.

---

(1)  Texts Adopted, 20.6.2007, P6_TA(2007)0267.

---

P6_TC2-COD(2006)0206

Position of the European Parliament adopted at second reading on 21 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury

(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Regulation (EC) No .../2008.)

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/167 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/167

---

Protection of the environment through criminal law ***I

P6_TA(2008)0215

European Parliament legislative resolution of 21 May 2008 on the proposal for a directive of the European Parliament and of the Council on the protection of the environment through criminal law (COM(2007)0051 — C6-0063/2007 — 2007/0022(COD))

(2009/C 279 E/35)

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0051), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0051),

| — | having regard to Articles 251(2) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0063/2007), |
| --- | --- |

—

having regard to Articles 251(2) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0063/2007),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on the Environment, Public Health and Food Safety and the Committee on Civil Liberties, Justice and Home Affairs (A6-0154/2008), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on the Environment, Public Health and Food Safety and the Committee on Civil Liberties, Justice and Home Affairs (A6-0154/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

P6_TC1-COD(2007)0022

Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on the protection of the environment through criminal law

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2008/.../EC.)

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/168 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/168

---

Farm structure surveys and the survey on agricultural production methods ***I

P6_TA(2008)0216

European Parliament legislative resolution of 21 May 2008 on the proposal for a regulation of the European Parliament and of the Council on farm structure surveys and the survey on agricultural production methods and repealing Council Regulation (EEC) No 571/88 (COM(2007)0245 — C6-0127/2007 — 2007/0084(COD))

(2009/C 279 E/36)

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0245), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0245),

| — | having regard to Articles 251(2) and 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0127/2007), |
| --- | --- |

—

having regard to Articles 251(2) and 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0127/2007),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A6-0061/2008), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A6-0061/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

P6_TC1-COD(2007)0084

Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on farm structure surveys and the survey on agricultural production methods and repealing Council Regulation (EEC) No 571/88

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No .../2008.)

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/169 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/169

---

Conditions to be complied with to pursue the occupation of road transport operator ***I

P6_TA(2008)0217

European Parliament legislative resolution of 21 May 2008 on the proposal for a regulation of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (COM(2007)0263 — C6-0145/2007 — 2007/0098(COD))

(2009/C 279 E/37)

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0263), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0263),

| — | having regard to Articles 251(2) and 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0145/2007), |
| --- | --- |

—

having regard to Articles 251(2) and 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0145/2007),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Transport and Tourism (A6-0087/2008), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism (A6-0087/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

P6_TC1-COD(2007)0098

Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Having consulted the European Data Protection Supervisor,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | The completion of an internal market in road transport with fair conditions of competition requires the uniform application of common rules on admission to the occupation of road haulage operator or road passenger transport operator, hereinafter referred to as occupation of road transport operator. Such common rules will help to contribute towards achieving a higher level of professional qualification for transport operators, the rationalisation of the market, and an improved quality of service rendered, in the interests of transport operators, their customers and the economy as a whole, together with improvements in road safety. They will also facilitate the effective exercise of the right of establishment for transport operators. |
| --- | --- |

(1)

The completion of an internal market in road transport with fair conditions of competition requires the uniform application of common rules on admission to the occupation of road haulage operator or road passenger transport operator, hereinafter referred to as occupation of road transport operator. Such common rules will help to contribute towards achieving a higher level of professional qualification for transport operators, the rationalisation of the market, and an improved quality of service rendered, in the interests of transport operators, their customers and the economy as a whole, together with improvements in road safety. They will also facilitate the effective exercise of the right of establishment for transport operators.

| (2) | Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations (4) laid down minimum conditions governing admission to the occupation of road transport operator and the mutual recognition of the documents required in this connection. However, experience, the impact assessment carried out, and various studies show that the Directive is being applied in a very disparate fashion from one Member State to another. The disparities in question have several adverse consequences, in particular distortion of competition, a lack of market transparency, a lack of uniformity with regard to monitoring, and the risk that undertakings with a low level of professional qualification may be negligent or less compliant with road safety rules and social welfare rules, which may harm the image of the sector. |
| --- | --- |

(2)

Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations (4) laid down minimum conditions governing admission to the occupation of road transport operator and the mutual recognition of the documents required in this connection. However, experience, the impact assessment carried out, and various studies show that the Directive is being applied in a very disparate fashion from one Member State to another. The disparities in question have several adverse consequences, in particular distortion of competition, a lack of market transparency, a lack of uniformity with regard to monitoring, and the risk that undertakings with a low level of professional qualification may be negligent or less compliant with road safety rules and social welfare rules, which may harm the image of the sector.

| (3) | These consequences are all the more detrimental in that they are liable to disturb the smooth functioning of the internal market in road transport, since access to the market in international goods transport and certain cabotage operations is open to undertakings throughout the Community. The only condition imposed on such undertakings is that they have a Community licence, which they can obtain provided that they satisfy the conditions governing admission to the occupation, in accordance with Regulation (EC) No.../2008 of the European Parliament and of the Council of ... [on common rules for access to the international road haulage market] (5) and Regulation (EC) No.../2008 of the European Parliament and of the Council of ... [on common rules for access to the market for coach and bus services] (6). |
| --- | --- |

(3)

These consequences are all the more detrimental in that they are liable to disturb the smooth functioning of the internal market in road transport, since access to the market in international goods transport and certain cabotage operations is open to undertakings throughout the Community. The only condition imposed on such undertakings is that they have a Community licence, which they can obtain provided that they satisfy the conditions governing admission to the occupation, in accordance with Regulation (EC) No.../2008 of the European Parliament and of the Council of ... [on common rules for access to the international road haulage market] (5) and Regulation (EC) No.../2008 of the European Parliament and of the Council of ... [on common rules for access to the market for coach and bus services] (6).

| (4) | It is therefore appropriate to modernise the existing rules on admission to the occupation of road transport operator, in order to ensure that they are applied more uniformly and more effectively. Since compliance with these rules constitutes the main condition governing access to the Community market, and the applicable Community instruments in this field are Regulations, a Regulation would appear to be the most appropriate instrument to govern admission to the occupation. |
| --- | --- |

(4)

It is therefore appropriate to modernise the existing rules on admission to the occupation of road transport operator, in order to ensure that they are applied more uniformly and more effectively. Since compliance with these rules constitutes the main condition governing access to the Community market, and the applicable Community instruments in this field are Regulations, a Regulation would appear to be the most appropriate instrument to govern admission to the occupation.

| (5) | In the interests of fair competition, the common rules governing the exercise of the occupation should apply as widely as possible to all undertakings. However, it is unnecessary to include in this Regulation undertakings which only perform transport operations with a very small impact on the transport market. |
| --- | --- |

(5)

In the interests of fair competition, the common rules governing the exercise of the occupation should apply as widely as possible to all undertakings. However, it is unnecessary to include in this Regulation undertakings which only perform transport operations with a very small impact on the transport market.

| (6) | It should be the responsibility of the Member State of establishment to verify that an undertaking satisfies at all times the conditions laid down in this Regulation so that the Member State in question can, if necessary, decide to suspend or withdraw the authorisations which allow that undertaking to operate on the market. Proper compliance with and reliable monitoring of the conditions governing admission to the occupation presuppose that undertakings are stably and effectively established. |
| --- | --- |

(6)

It should be the responsibility of the Member State of establishment to verify that an undertaking satisfies at all times the conditions laid down in this Regulation so that the Member State in question can, if necessary, decide to suspend or withdraw the authorisations which allow that undertaking to operate on the market. Proper compliance with and reliable monitoring of the conditions governing admission to the occupation presuppose that undertakings are stably and effectively established.

| (7) | The natural persons with the requisite good repute and professional competence should be clearly identified and designated to the competent authorities. Such persons, referred to as ‘transport managers’, should be
  resident in a Member State and
  continuously and effectively run the transport activities of road transport undertakings. It is appropriate to specify the conditions under which a person is considered to manage, continuously and effectively, a transport activity in an undertaking. |
| --- | --- |

(7)

The natural persons with the requisite good repute and professional competence should be clearly identified and designated to the competent authorities. Such persons, referred to as ‘transport managers’, should be
  resident in a Member State and
  continuously and effectively run the transport activities of road transport undertakings. It is appropriate to specify the conditions under which a person is considered to manage, continuously and effectively, a transport activity in an undertaking.

| (8) | The good repute of transport managers is conditional on their not having incurred serious criminal convictions or serious sanctions, in particular for infringing Community rules relating to road transport. Il is necessary to define jointly, in the areas covered by Community rules, the types of infringements and the corresponding degrees of seriousness liable to detract from the good repute of an undertaking. |
| --- | --- |

(8)

The good repute of transport managers is conditional on their not having incurred serious criminal convictions or serious sanctions, in particular for infringing Community rules relating to road transport. Il is necessary to define jointly, in the areas covered by Community rules, the types of infringements and the corresponding degrees of seriousness liable to detract from the good repute of an undertaking.

| (9) | The Commission should be pursuing the aim of ensuring that serious offences are punished with the same rigour in the different Member States, and taking appropriate measures to that end. |
| --- | --- |

(9)

The Commission should be pursuing the aim of ensuring that serious offences are punished with the same rigour in the different Member States, and taking appropriate measures to that end.

| (10) | A road transport undertaking must have a minimum financial standing to ensure proper launching and proper administration of the undertaking.

  It is appropriate to use
  well
  defined

  relevant financial indicators which can be established on the basis of the annual accounts. Undertakings which so wish should be afforded the possibility of demonstrating their financial standing with a bank guarantee
  or other financial instrument such as insurance
  , which may constitute a simpler and less expensive method for them. |
| --- | --- |

(10)

Image

Image

| (11) | A high level of professional qualification should increase the socio-economic efficiency of the road transport sector. It is therefore appropriate that applicants for the post of transport manager should undergo high-quality training. To ensure greater uniformity of training and examination and transparency vis-à-vis applicants, it is appropriate to provide that the Member States accredit examination and training centres according to criteria to be defined by them.

  Since the completion of the internal market, the national markets are no longer separate. Consequently, those responsible for managing transport activities should possess the requisite knowledge for managing both national and international transport operations. The list of subjects of which knowledge is required in order to obtain a certificate of professional competence and the procedures for the organisation of examinations are likely to evolve with technical progress, and provision should be made for updating them. |
| --- | --- |

(11)

Image

| (12) | Fair competition and road transport that is fully compliant with the rules call for a uniform level of monitoring by Member States. The national authorities responsible for monitoring undertakings and the validity of their authorisations have a crucial role to play in this respect, and it is appropriate to ensure that they take suitable measures if necessary, in particular
  in the most serious cases
  by suspending or withdrawing authorisations, or declaring as unsuitable transport managers who are negligent or act in bad faith.
  This must be preceded by due consideration of the measure with respect to the proportionality principle.
  An undertaking should, however, be warned in advance and should have a reasonable period of time within which to rectify the situation before incurring such sanctions. |
| --- | --- |

(12)

Fair competition and road transport that is fully compliant with the rules call for a uniform level of monitoring by Member States. The national authorities responsible for monitoring undertakings and the validity of their authorisations have a crucial role to play in this respect, and it is appropriate to ensure that they take suitable measures if necessary, in particular
  in the most serious cases
  by suspending or withdrawing authorisations, or declaring as unsuitable transport managers who are negligent or act in bad faith.
  This must be preceded by due consideration of the measure with respect to the proportionality principle.
  An undertaking should, however, be warned in advance and should have a reasonable period of time within which to rectify the situation before incurring such sanctions.

| (13) | More organised administrative cooperation between Member States would improve the effectiveness of the monitoring of undertakings operating in several Member States and reduce administrative costs. Electronic registers of undertakings interconnected throughout the Community, in compliance with the Community rules on the protection of personal data, would facilitate such cooperation and reduce the cost involved in checks for both undertakings and administrations. There are already national registers in most Member States. There is also already infrastructure in existence for interconnection between Member States. More systematic use could therefore be made of these national registers of undertakings and their interconnection throughout the Community at a lower cost, thus contributing to a significant reduction in the administrative costs of checks and an improvement in their effectiveness. |
| --- | --- |

(13)

More organised administrative cooperation between Member States would improve the effectiveness of the monitoring of undertakings operating in several Member States and reduce administrative costs. Electronic registers of undertakings interconnected throughout the Community, in compliance with the Community rules on the protection of personal data, would facilitate such cooperation and reduce the cost involved in checks for both undertakings and administrations. There are already national registers in most Member States. There is also already infrastructure in existence for interconnection between Member States. More systematic use could therefore be made of these national registers of undertakings and their interconnection throughout the Community at a lower cost, thus contributing to a significant reduction in the administrative costs of checks and an improvement in their effectiveness.

| (14) | Some of the data contained in these registers concerning infringements and sanctions are personal. Member States must therefore take the measures necessary to ensure that Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (7) is complied with, in particular with regard to the monitoring of the processing of such data by a public authority, the right of data subjects to be provided with information, their right of access, and their right to object. For the purposes of this Regulation, it would appear to be necessary to keep this type of data for at least two years to ensure that disqualified undertakings do not establish themselves in other Member States. |
| --- | --- |

(14)

Some of the data contained in these registers concerning infringements and sanctions are personal. Member States must therefore take the measures necessary to ensure that Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (7) is complied with, in particular with regard to the monitoring of the processing of such data by a public authority, the right of data subjects to be provided with information, their right of access, and their right to object. For the purposes of this Regulation, it would appear to be necessary to keep this type of data for at least two years to ensure that disqualified undertakings do not establish themselves in other Member States.

| (15) | It is essential to interconnect the national registers so as to enable information to be exchanged rapidly and efficiently between Member States and guarantee that transport operators are not tempted to commit, or take the risk of committing, serious infringements in Member States other than their country of establishment. Interconnection of this kind entails the joint definition of the precise format for the data to be exchanged and the technical procedures for the exchange of data. |
| --- | --- |

(15)

It is essential to interconnect the national registers so as to enable information to be exchanged rapidly and efficiently between Member States and guarantee that transport operators are not tempted to commit, or take the risk of committing, serious infringements in Member States other than their country of establishment. Interconnection of this kind entails the joint definition of the precise format for the data to be exchanged and the technical procedures for the exchange of data.

| (16) | In order to ensure the efficient exchange of information between Member States, national contact points should be designated and certain common procedures in terms of time limits and the nature of the information to be forwarded as a minimum should be specified. |
| --- | --- |

(16)

In order to ensure the efficient exchange of information between Member States, national contact points should be designated and certain common procedures in terms of time limits and the nature of the information to be forwarded as a minimum should be specified.

| (17) | To facilitate freedom of establishment, the production of appropriate documents issued by a competent authority in the country of origin of the road transport operator should be accepted as sufficient proof of good repute for admission to the activities in question in a host Member State, providing that it can be ascertained that the persons concerned have not been declared unfit to pursue the occupation in the other Member States from which they come. |
| --- | --- |

(17)

To facilitate freedom of establishment, the production of appropriate documents issued by a competent authority in the country of origin of the road transport operator should be accepted as sufficient proof of good repute for admission to the activities in question in a host Member State, providing that it can be ascertained that the persons concerned have not been declared unfit to pursue the occupation in the other Member States from which they come.

| (18) | With regard to professional competence, a single model certificate issued in accordance with the Community provisions of this Regulation should be regarded as sufficient proof by the Member State of establishment, so as to facilitate freedom of establishment. |
| --- | --- |

(18)

With regard to professional competence, a single model certificate issued in accordance with the Community provisions of this Regulation should be regarded as sufficient proof by the Member State of establishment, so as to facilitate freedom of establishment.

| (19) | Closer monitoring of the application of the provisions of this Regulation is required at Community level, which presupposes the forwarding of regular reports on the good repute, financial standing and professional competence of undertakings in the road transport sector drawn up on the basis of the national registers. |
| --- | --- |

(19)

Closer monitoring of the application of the provisions of this Regulation is required at Community level, which presupposes the forwarding of regular reports on the good repute, financial standing and professional competence of undertakings in the road transport sector drawn up on the basis of the national registers.

| (20) | Member States should provide for penalties applicable to infringements of the provisions of this Regulation. Such penalties shall be effective, proportionate and dissuasive. |
| --- | --- |

(20)

Member States should provide for penalties applicable to infringements of the provisions of this Regulation. Such penalties shall be effective, proportionate and dissuasive.

| (21) | Since the objective of this Regulation, namely modernisation of the rules governing admission to the occupation of road transport operator in order to ensure that they are applied more uniformly and comparably in the Member States cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objectives. |
| --- | --- |

(21)

Since the objective of this Regulation, namely modernisation of the rules governing admission to the occupation of road transport operator in order to ensure that they are applied more uniformly and comparably in the Member States cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objectives.

| (22) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. (8) |
| --- | --- |

(22)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. (8)

| (23) | The Commission should, in particular, be authorised to draw up a list of categories, types and degrees of seriousness of
  severe
  infringements
  which may under certain circumstances lead
  to the loss of the requisite good repute of road transport operators, to adapt to technical progress the Annex to this Regulation concerning the knowledge to be taken into consideration for the recognition of professional competence by the Member States and the Annex concerning the model certificate of professional competence, and to draw up the list of

  infringements
  which may lead the authorities, under certain circumstances, and proportionate to the nature of the infringement, to consider suspending or withdrawing
  the authorisation to pursue the occupation or
  issuing
  a declaration of unsuitability. Since the measures in question are of general scope and are designed to amend non-essential elements of this Regulation or to supplement it by the addition of new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On the grounds of efficiency, the time limits normally applicable in the context of the regulatory procedure with scrutiny should be shortened for the updating of the model certificate of professional competence. |
| --- | --- |

(23)

Image

| (24) | Directive 96/26/EC should be repealed. |
| --- | --- |

(24)

Directive 96/26/EC should be repealed.

HAVE ADOPTED THIS REGULATION:

Chapter I

General provisions

Article 1

Subject matter and
  scope

1.   This Regulation governs admission to the occupation of road transport operator and the pursuit of that occupation.

2
  .   This Regulation shall apply to all undertakings established in the Community which are engaged in the occupation of road transport operator. It shall also apply to undertakings which
  intend
  to engage in the occupation of road transport operator
  and references to undertakings engaged in the occupation of road transport operator shall, as appropriate, be considered to include a reference to undertakings intending to engage in such operations
  .

3.
     By way of derogation from paragraph 1, this Regulation shall not apply:

| (a) | to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the
  permissible laden weight
  of which does not exceed 3,5 tonnes. Member States may, however, lower this limit for all or some categories of transport operations. |
| --- | --- |

(a)

to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the
  permissible laden weight
  of which does not exceed 3,5 tonnes. Member States may, however, lower this limit for all or some categories of transport operations.

| (b) | to undertakings which are engaged

  in

  road passenger transport services
  exclusively
  for non-commercial purposes
  performed free of charge
  , which have a main occupation other than that of road passenger transport operator, and which use vehicles driven by their own employees. |
| --- | --- |

(b)

Image

Image

| (c) | undertakings engaged in the occupation of road transport operator solely by means of motor vehicles with a maximum authorised speed not exceeding 40 km/h. |
| --- | --- |

(c)

undertakings engaged in the occupation of road transport operator solely by means of motor vehicles with a maximum authorised speed not exceeding 40 km/h.

Article 2

Definitions

Image For the purposes of this Regulation:

| (a) | ‘the occupation of road transport’ operator shall mean the occupation of road passenger transport operator or the occupation of road haulage operator; |
| --- | --- |

(a)

‘the occupation of road transport’ operator shall mean the occupation of road passenger transport operator or the occupation of road haulage operator;

| (b) | ‘the occupation of road haulage operator’ shall mean the activity of any undertaking transporting goods for hire or reward by means of either a motor vehicle or a combination of vehicles; |
| --- | --- |

(b)

‘the occupation of road haulage operator’ shall mean the activity of any undertaking transporting goods for hire or reward by means of either a motor vehicle or a combination of vehicles;

| (c) | ‘the occupation of road passenger transport operator’ shall mean the activity of any undertaking operating, by means of motor vehicles so constructed and equipped as to be suitable for carrying more than nine persons, including the driver, and intended for that purpose, passenger transport services for the public or for specific categories of users against payment by the person transported or by the transport organiser, |
| --- | --- |

(c)

‘the occupation of road passenger transport operator’ shall mean the activity of any undertaking operating, by means of motor vehicles so constructed and equipped as to be suitable for carrying more than nine persons, including the driver, and intended for that purpose, passenger transport services for the public or for specific categories of users against payment by the person transported or by the transport organiser,

| (d) | ‘undertaking’ shall mean any natural person, any legal person, whether profit-making or not, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such personality; |
| --- | --- |

(d)

‘undertaking’ shall mean any natural person, any legal person, whether profit-making or not, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such personality;

| (e) | ‘transport manager’ shall mean a natural person employed by an undertaking or, if that undertaking is a natural person, that same person or, where
  provided for
  , another natural person designated by it by means of a contract, who effectively and continuously manages the transport activities of that undertaking; |
| --- | --- |

(e)

‘transport manager’ shall mean a natural person employed by an undertaking or, if that undertaking is a natural person, that same person or, where
  provided for
  , another natural person designated by it by means of a contract, who effectively and continuously manages the transport activities of that undertaking;

| (f) | ‘authorisation to pursue the occupation of road transport operator’ shall mean an administrative decision which authorises an undertaking which satisfies the conditions provided for in this Regulation to pursue the occupation of road transport operator; |
| --- | --- |

(f)

‘authorisation to pursue the occupation of road transport operator’ shall mean an administrative decision which authorises an undertaking which satisfies the conditions provided for in this Regulation to pursue the occupation of road transport operator;

| (g) | ‘competent authority

  ’ shall mean a national, regional or local authority in a Member State which
  for the purpose of authorising the pursuit of the occupation
  verifies whether an undertaking satisfies the conditions provided for in this Regulation, and which is empowered to award, suspend or withdraw the authorisation to pursue the occupation of road transport operator; |
| --- | --- |

(g)

Image

| (h) | ‘Member State of establishment’ shall mean the Member State in which an undertaking
  is established
  , regardless of whether its transport manager originates in another country; |
| --- | --- |

(h)

‘Member State of establishment’ shall mean the Member State in which an undertaking
  is established
  , regardless of whether its transport manager originates in another country;

Image

Image

Article 3

Requirements for engaging in the occupation of road transport operator

Undertakings engaged in the occupation of road transport operator Image must satisfy the following requirements:

| (a) | be effectively and stably established in one of the Member States
  as provided for in Article 5
  ; |
| --- | --- |

(a)

be effectively and stably established in one of the Member States
  as provided for in Article 5
  ;

| (b) | be of good repute
  as provided for in Article 6
  ; |
| --- | --- |

(b)

be of good repute
  as provided for in Article 6
  ;

| (c) | be of appropriate financial standing
  as provided for in Article 7
  ; |
| --- | --- |

(c)

be of appropriate financial standing
  as provided for in Article 7
  ;

| (d) | have the requisite professional competence
  as provided for in Article 8
  . |
| --- | --- |

(d)

have the requisite professional competence
  as provided for in Article 8
  .

The conditions to be met in order to satisfy each of these requirements are set out in Chapter II. Notwithstanding this Regulation, Member States may decide to impose additional conditions that undertakings must meet in order to be allowed to engage in the occupation of road transport operator.

Article 4

Transport manager

1.   An undertaking which
  engages
  in the occupation of road transport operator shall designate Image at least one natural person
  , the transport manager,
  who satisfies the requirements set out in Article 3(b) and (d)
  and also meets
  the following conditions:

| (a) | he or she must effectively and continuously manage the transport activity of the undertaking, and |
| --- | --- |

(a)

he or she must effectively and continuously manage the transport activity of the undertaking, and

| (b) | have a genuine link to the undertaking, in other words
  be
  an employee, partner, director, shareholder or have a similar contractual relationship with
  the undertaking
  , or manage it,
  or, if the undertaking is a natural person, be that same person
  , or, if the undertaking is a partnership, be entitled to legally represent and make binding decisions on behalf of the partnership
  ; |
| --- | --- |

(b)

have a genuine link to the undertaking, in other words
  be
  an employee, partner, director, shareholder or have a similar contractual relationship with
  the undertaking
  , or manage it,
  or, if the undertaking is a natural person, be that same person
  , or, if the undertaking is a partnership, be entitled to legally represent and make binding decisions on behalf of the partnership
  ;

| (c) | be a resident in a Member State. |
| --- | --- |

(c)

be a resident in a Member State.

The undertaking shall notify the competent authority of the transport manager or managers designated.

2.   
  If
  an undertaking Image does not satisfy the requirement as to professional competence provided for in Article 3(d), the competent
  authority
  may authorise it to engage in the occupation of road transport operator
  without a transport manager designated in accordance with paragraph 1
  , provided that:

| (a) | it designates

  another
  natural
  person
  residing in a Member State
  who satisfies the requirements provided for in Article 3(b) and (d), and is empowered by means of a contract to carry out duties as transport manager on behalf of the undertaking
  and notifies the competent authority thereof
  ; |
| --- | --- |

(a)

Image

| (b) | the contract linking the undertaking with the transport manager specifies the
  tasks
  to be performed on a
  continuous
  basis by the party concerned, and indicates his or her responsibilities as transport manager; the
  tasks
  to be specified shall comprise in particular those relating to vehicle maintenance
  management
  , verification of transport contracts and documents, accounting, the assignment of loads
  or services
  to drivers and vehicles, and the verification of safety procedures; |
| --- | --- |

(b)

the contract linking the undertaking with the transport manager specifies the
  tasks
  to be performed on a
  continuous
  basis by the party concerned, and indicates his or her responsibilities as transport manager; the
  tasks
  to be specified shall comprise in particular those relating to vehicle maintenance
  management
  , verification of transport contracts and documents, accounting, the assignment of loads
  or services
  to drivers and vehicles, and the verification of safety procedures;

| (c) | the person designated does not manage, in the capacity of transport manager, the transport activities of more than four different undertakings
  . The competent authority may decide on the maximum number of vehicles to be managed by the transport manager, which will not be higher than 50 for each transport manager; |
| --- | --- |

(c)

the person designated does not manage, in the capacity of transport manager, the transport activities of more than four different undertakings
  . The competent authority may decide on the maximum number of vehicles to be managed by the transport manager, which will not be higher than 50 for each transport manager;

| (d) | the person designated is independent of the other undertakings which call upon
  the undertaking
  to carry out transport operations or which carry out transport operations on behalf
  of the undertaking
  . |
| --- | --- |

(d)

the person designated is independent of the other undertakings which call upon
  the undertaking
  to carry out transport operations or which carry out transport operations on behalf
  of the undertaking
  .

Image

Chapter II

Conditions to be met

Article 5

Conditions relating to the requirement as to establishment

To satisfy the requirement provided for in Article 3(a) Image the undertaking must in the Member State concerned:

| (a) | have an establishment

  with premises in which it keeps its business documents
  in line with the periods of time laid down by law
  and in particular all its accounting documents, personnel management documents and any other document
  on secure data supports
  , to which the authority competent to authorise the pursuit of the occupation must have access in order to verify compliance with the conditions provided for in this Regulation
  while complying with all relevant standards for the protection of personal data; |
| --- | --- |

(a)

Image

| (b) | have at its disposal
  one or more
  vehicles, whether wholly owned or, for example, under a hire purchase, hire or leasing contract or under a purchase contract, which are registered in

  that Member State; |
| --- | --- |

(b)

Image

| (c) | conduct effectively and continuously its operations at
  an operating centre, situated in that Member State, with the necessary equipment

  and
  be able to prove on request where in the Member State of establishment the vehicles are parked when they are not in use. |
| --- | --- |

(c)

Image

Article 6

Conditions relating to the requirement as to good repute

1.   For the purposes of Article 3(b),
  and subject to paragraph 2, Member States shall determine the conditions which an undertaking and a transport manager must meet pursuant to this Regulation in order for either to satisfy
  the requirement as to Image good repute. Image

These conditions shall include the following requirements
  :

| (a) | there are no compelling grounds for doubting
  the
  good repute
  of the transport undertaking, its transport managers or any relevant person, such as conviction or penalties for any serious infringement of national rules in force in the field of:










  (i) | commercial law; |
| --- | --- | --- |

(a)

there are no compelling grounds for doubting
  the
  good repute
  of the transport undertaking, its transport managers or any relevant person, such as conviction or penalties for any serious infringement of national rules in force in the field of:

(i)

commercial law;

| (ii) | insolvency law; |
| --- | --- |

(ii)

insolvency law;

| (iii) | the pay and employment conditions in the profession; |
| --- | --- |

(iii)

the pay and employment conditions in the profession;

| (iv) | road traffic; |
| --- | --- |

(iv)

road traffic;

| (v) | professional liability; and |
| --- | --- |

(v)

professional liability; and

| (vi) | human or drugs trafficking. |
| --- | --- |

(vi)

human or drugs trafficking.

| (b) | the transport manager or the transport undertaking has not
  incurred convictions

  in one
  or more
  of the Member States for serious infringements

  of Community rules concerning in particular:





  (i) | the driving time and rest periods of drivers, working time, and the installation and use of recording equipment;
  verification should cover their continuous compliance, the archiving of data and the protection of personal data obtained
  ; |
| --- | --- | --- |

(b)

Image

Image

(i)

the driving time and rest periods of drivers, working time, and the installation and use of recording equipment;
  verification should cover their continuous compliance, the archiving of data and the protection of personal data obtained
  ;

| (ii) | the maximum weights and dimensions of commercial vehicles used in international traffic; |
| --- | --- |

(ii)

the maximum weights and dimensions of commercial vehicles used in international traffic;

| (iii) | the initial qualification and continuous training of drivers; |
| --- | --- |

(iii)

the initial qualification and continuous training of drivers;

| (iv) | the roadworthiness

  of commercial vehicles,

  including
  the compulsory

  technical inspection of motor vehicles; |
| --- | --- |

(iv)

Image

Image

| (v) | access to the market in international road haulage or, as appropriate, access to the market in passenger transport; |
| --- | --- |

(v)

access to the market in international road haulage or, as appropriate, access to the market in passenger transport;

| (vi) | safety in the carriage of dangerous goods by road; |
| --- | --- |

(vi)

safety in the carriage of dangerous goods by road;

| (vii) | the installation and use of speed-limiting devices on certain categories of vehicle; |
| --- | --- |

(vii)

the installation and use of speed-limiting devices on certain categories of vehicle;

| (viii) | the driving licence; |
| --- | --- |

(viii)

the driving licence;

| (ix) | admission to the occupation. |
| --- | --- |

(ix)

admission to the occupation.

Image

2.   For the purposes of
  paragraph 1, subparagraph 2 (b):

| (a) | a conviction or penalties incurred by the transport manager or the transport undertaking in one or more of the Member States for the most serious infringements of Community rules, set out in Annex III, shall lead to the loss of good repute after a duly completed administrative procedure and, if appropriate, after a check at the premises of the undertaking unless the competent authority, under exceptional and for duly justified reasons, establishes that this constitutes a disproportionate response. In such a case, the exceptional and duly justified reasons shall be recorded in the national register and indicated in the report referred to in Article 25(1). The measures designed to amend non-essential elements of this Regulation relating to the adaptation of Annex III to take account of the development of the Community acquis in the field of road transport shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(3). |
| --- | --- |

(a)

a conviction or penalties incurred by the transport manager or the transport undertaking in one or more of the Member States for the most serious infringements of Community rules, set out in Annex III, shall lead to the loss of good repute after a duly completed administrative procedure and, if appropriate, after a check at the premises of the undertaking unless the competent authority, under exceptional and for duly justified reasons, establishes that this constitutes a disproportionate response. In such a case, the exceptional and duly justified reasons shall be recorded in the national register and indicated in the report referred to in Article 25(1). The measures designed to amend non-essential elements of this Regulation relating to the adaptation of Annex III to take account of the development of the Community acquis in the field of road transport shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(3).

| (b) | the Commission shall adopt, not later than 1 January 2010 a list of categories, types and degrees of seriousness of infringements which may lead to the loss of good repute. Member States shall take into account information on those infringements, including information received from other Member States, when setting the priorities for checks pursuant to Article 11(2). |
| --- | --- |

(b)

the Commission shall adopt, not later than 1 January 2010 a list of categories, types and degrees of seriousness of infringements which may lead to the loss of good repute. Member States shall take into account information on those infringements, including information received from other Member States, when setting the priorities for checks pursuant to Article 11(2).

The measures designed to amend non-essential elements of this Regulation by supplementing it relating to this list shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(3).

To this end and not later than 1 January 2010, the Commission shall

| (i) | lay down the categories and types of infringement which are most frequently encountered; |
| --- | --- |

(i)

lay down the categories and types of infringement which are most frequently encountered;

| (ii) | define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries; and |
| --- | --- |

(ii)

define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries; and

| (iii) | provide the frequency of occurrence beyond which repeated infringements shall be regarded as more serious, by taking into account the number of drivers used for the transport activities managed by the transport manager. |
| --- | --- |

(iii)

provide the frequency of occurrence beyond which repeated infringements shall be regarded as more serious, by taking into account the number of drivers used for the transport activities managed by the transport manager.

3.   The requirement as to good repute shall not be satisfied until rehabilitation or any other measure having an equivalent effect has taken place pursuant to the relevant existing national provisions.

Article 7

Conditions relating to the requirement as to financial standing

1.   For the purposes of Article 3(c),
  an undertaking must be able
  at all times
  to
  meet its
  financial obligations
  in the course of the annual accounting year. To this end, the undertaking must
  demonstrate
  , on the basis of annual accounts certified by an auditor or a duly accredited person, that it has at its disposal each year
  capital and reserves
  totalling at least EUR 9 000 for a single vehicle used and EUR 5 000 for each additional vehicle used.

Capital resources shall be demonstrated by means of a certified trading balance sheet or a balance sheet for tax purposes. Persons applying for access to the profession of road transport operator for the first time must submit a certified opening balance sheet.

Image

For the purposes of this Regulation, the value of the euro in those national currencies which are non-participants in the third stage of Monetary Union shall be fixed every
  year
  . The rates to be applied shall be those obtained on the first working day of October and published in the Official Journal of the European Union. They shall have effect from 1 January of the following calendar year.

The accounting items referred to in the first subparagraph shall be understood as meaning those defined in the Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54(3)(g) of the Treaty on the annual accounts of certain types of companies (9).

2.   By way of derogation from paragraph 1, the competent authority may agree that an undertaking may give proof of its financial standing by means of a certificate from one or more banks or other financial institutions
  including insurance companies
  providing a joint and several guarantee for the undertaking in the form of a bank guarantee, or any other similar means, in respect of the amounts specified in point (a) of
  paragraph 1.
  The bank guarantee
  or insurance
  may be called in by the competent authority which authorises the pursuit of the occupation and cannot be released without the agreement of the latter.
  The competent authority shall also determine the conditions under which the bank guarantee or insurance may be called in and released for the benefit of other creditors.

3.
     The annual accounts referred to in
  paragraph 1
  , and the guarantee referred to in
  paragraph 2
  , which are to be verified, are those of the economic entity established in the Member State in which an authorisation is applied for and not those of any other entities established in any other Member State.

Article 8

Conditions relating to the requirement as to professional competence

1.   For the purposes of Article 3(d), the
  person or persons concerned shall possess
  knowledge corresponding to the level of training provided for in Section I of Annex I in the subjects listed therein. It shall be established, Image by means of a compulsory written examination which,
  if a Member State so decides,
  may be supplemented by an oral examination. These examinations shall be organised in accordance with Section II of Annex I.

2.
     
  The persons concerned shall sit the examination in their Member State of residence.

3.   Only the authorities and bodies accredited for this purpose by a Member State in accordance with criteria defined by it may organise the written and oral examinations whereby professional competence can be established. Member States shall regularly verify that the conditions under which the authorities and bodies which they have accredited organise the examinations are in accordance with Annex I.

4.   Member States shall accredit, in accordance with
  mutually compatible
  criteria defined by them, the bodies capable of offering applicants high-quality training to prepare them efficiently for the examination, and continuous training so that transport managers who so wish can update their knowledge. Member States shall regularly verify that these bodies at all times fulfil the criteria on the basis of which they were accredited.

5.   Member States may exempt from
  the examination persons
  who provide proof of at least
  10 years' continuous
  practical experience,
  gained prior to the publication of this Regulation,
  in a transport undertaking at management level.

6.
     
  Member States may promote training as described in Annex I and an examination as described in Article 8, paragraph 1, for transport managers at 10-year intervals to ensure that managers are aware of developments in the sector.

7.
     
  Member States shall ensure that transport managers with practical experience returning to the profession after a five-year period of absence shall undertake the retraining and updating that are necessary to prove their continuous professional competence and their knowledge regarding the current developments of the legislation applicable to this profession.

8.   A Member State may exempt the holders of higher education diplomas or technical education diplomas issued in that Member State and which entail attendance at courses in the subjects listed in Annex I and which they specifically designate to this end from Image training in the subjects covered by the diplomas
  and from the examination
  .

9.   A certificate issued by the authority or body referred to in paragraph 3 must be produced as proof of professional competence. That certificate shall not be transferable
  to any other natural or legal person
  . It shall be drawn up in accordance with the model certificate set out in Annex II and bear the engraved stamp or seal of the accredited authority or body which issued it.

10.   The Commission shall adapt Annex I and Annexe II to technical progress. Since these measures are designed to amend non-essential elements of this Regulation, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(3), as regards Annex I, and in accordance with the regulatory procedure with scrutiny referred to in Article 24(4), as regards Annex II.

11.   Exchanges of experience and information between Member States concerning training, examinations and accreditation shall be actively encouraged, mainly but not exclusively, by the Committee referred to in Article 24 and by any other body that the Commission may designate.

Chapter III

Authorisation and monitoring

Article 9

Competent authorities

1.   Each Member State shall designate one or more competent authorities to ensure that the Regulation is implemented correctly. Those competent authorities shall be empowered to:

| (a) | examine applications made by undertakings; |
| --- | --- |

(a)

examine applications made by undertakings;

| (b) | grant authorisations to engage in the occupation, and suspend or withdraw such authorisations; |
| --- | --- |

(b)

grant authorisations to engage in the occupation, and suspend or withdraw such authorisations;

| (c) | declare a natural person to be unfit to manage the transport activity of an undertaking in the capacity of transport manager; |
| --- | --- |

(c)

declare a natural person to be unfit to manage the transport activity of an undertaking in the capacity of transport manager;

| (d) | carry out the requisite checks to verify whether an undertaking satisfies the requirements provided for in Article 3. |
| --- | --- |

(d)

carry out the requisite checks to verify whether an undertaking satisfies the requirements provided for in Article 3.

2.   The competent authorities shall publish all the conditions laid down pursuant to this Regulation, any other national provisions, the procedures to be followed by interested applicants and the corresponding explanations.

Article 10

Examination and registration of applications

1.   
  A transport undertaking which complies with
  the requirements provided for in Article 3
  shall, upon application, be authorised
  to engage in the occupation of road transport operator.
  The competent authority shall ascertain that an undertaking which submits an application satisfies the requirements provided for in that Article.

2.   The competent authority shall
  be responsible for updating and maintaining
  the electronic register referred to in Article 15.

The competent authority shall record in the electronic register referred to in Article 15 the official name of the undertaking,
  the name of the transport manager designated by
  it and an indication as to whether he or she is apt for transport management
  , the address of the establishment, the number of vehicles used and, if the authorisation is valid for international transport, the serial number of the Community licence and that of the certified copies.

3.   The time limit for the examination of an application for authorisations by a competent authority shall be as short as possible and shall not exceed three months.

4.   From
  1 January 2012
  a competent authority shall verify
  in case of doubt
  , when assessing the good repute of an undertaking, that the transport manager(s) designated
  is not (are not) — at the time of the application —
  declared, in one of the Member States, unfit to manage the transport activity of an undertaking pursuant to Article 13.

5.   Undertakings with an authorisation to engage in the occupation of road transport operator shall, within 28 days, notify the competent authority which granted the authorisation of any changes in the data referred to in paragraph 2.

Article 11

Checks

1.   The competent authorities shall verify that undertakings which they have authorised to engage in the occupation
  of road transport operator
  continue to fulfil the requirements provided for in Article 3. To that end, they shall check every five years that undertakings still fulfil each of those requirements.

The Commission shall adapt the periodicity of regular checks to technical progress, notably the national electronic registers as provided for in Article 15. Since these measures are designed to amend non-essential elements of this Regulation, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(3).

2.   In addition to the verifications provided for in paragraph 1, the competent authorities shall carry out checks targeting undertakings classed as
  posing an increased
  risk under the system established by the Member States pursuant to Article 9 of Directive 2006/22/EC (10) of the European Parliament and of the Council. Member States shall extend this risk classification system to cover all the infringements specified in Article 6 of this Regulation.

3.   A Member State shall carry out the requisite checks to verify whether an undertaking still meets the conditions governing admission to the occupation whenever the Commission so requests. It shall inform the Commission of the results of the checks carried out at the Commission's request and of the measures taken if it is established that the undertaking no longer meets the conditions provided for in this Regulation.

Article 12

Warning procedure and procedure for the withdrawal of authorisations

1.   
  If the competent authority establishes that an undertaking runs the risk of no longer satisfying
  the requirements provided for in Article 3
  the competent authority shall notify the undertaking thereof. If the competent authority establishes that one of those requirements is no longer satisfied, the competent authority may grant a time limit for the undertaking to rectify the situation within the following limits:

| (a) | a time limit not exceeding
  three months
  for the recruitment of a replacement for the transport manager if the latter no longer satisfies the requirements as to good repute or professional competence, which may be extended by
  three months
  in the event of the death or physical incapacity of the transport manager; |
| --- | --- |

(a)

a time limit not exceeding
  three months
  for the recruitment of a replacement for the transport manager if the latter no longer satisfies the requirements as to good repute or professional competence, which may be extended by
  three months
  in the event of the death or physical incapacity of the transport manager;

| (b) | a time limit not exceeding
  three months
  where the undertaking has to rectify the situation by demonstrating that it has an effective and stable establishment; |
| --- | --- |

(b)

a time limit not exceeding
  three months
  where the undertaking has to rectify the situation by demonstrating that it has an effective and stable establishment;

| (c) | a time limit not exceeding six months if the requirement as to financial standing is not satisfied, in order to demonstrate, on the basis of a financial plan with realistic assumptions, that the requirement as to financial standing will once again be satisfied on a permanent basis as from the next accounting year. |
| --- | --- |

(c)

a time limit not exceeding six months if the requirement as to financial standing is not satisfied, in order to demonstrate, on the basis of a financial plan with realistic assumptions, that the requirement as to financial standing will once again be satisfied on a permanent basis as from the next accounting year.

2.   
  The competent authority may require undertakings whose authorisation has been suspended or withdrawn to ensure that their transport managers follow the training course and pass the examination referred to in Article 8 prior to any rehabilitation measure.

3.   
  If the
  competent authority
  establishes that the undertaking no longer satisfies one or more of the requirements provided for in Article 3, it shall suspend or withdraw the authorisation to engage in the occupation of road transport operator granted to an undertaking no later than the time limits referred to in paragraph 1.

Article 13

Declaration of unfitness of the transport manager

1.   In the event of
  serious
  infringements
  as referred to in Article 6(1)(b)
  the seriousness of which is well established by dint of their systematic, premeditated nature
  or
  by attempts to hide the facts
  and for which the transport manager is responsible
  , the competent authority shall declare the transport manager of an undertaking whose authorisation has been withdrawn unfit to manage the transport activity of an undertaking.

2.   Unless and until a rehabilitation measure
  in accordance with the relevant national provisions
  has been taken, the certificate of professional competence referred to in Article 8(9) of the person declared to be unfit to manage transport activities shall no longer be valid in any Member State.

Article 14

Decisions of the competent authorities and appeals

1.   
  Negative decisions
  taken by the competent authorities in the Member States pursuant to this Regulation, 
  including
  the rejection of an application, the suspension or withdrawal of an existing authorisation
  and
  a declaration of unfitness
  of the transport manager
  shall state the reasons on which they are based.

Such decisions shall take into account the information available concerning infringements committed in other Member States by the undertaking or one of the transport managers which are such as to detract from the good repute of the undertaking, and any other information at the disposal of the competent authority.

They shall specify the rehabilitation measures applicable in the event of the suspension of an authorisation or a declaration of unfitness.

2.   Member States shall take steps to ensure that the undertakings
  and persons concerned
  have the possibility of appealing Image the decisions referred to in paragraph 1
  , including to a court of law
  .

Chapter IV

Simplification and administrative cooperation

Article 15

National electronic registers

1.   For the purposes of implementing this Regulation, and in particular Articles 10, 11, 12, 13 and 25, each Member State shall keep a national electronic register of road transport undertakings
  and transport managers
  which have been authorised by a competent authority designated by it to engage in the occupation of road transport operator. The data contained in that register shall be processed under the supervision of a public authority designated for that purpose
  , which shall also be responsible for the use and updating of this data. The national electronic register shall contain one public section and one confidential section.
  The electronic register shall be accessible on line to all the competent authorities of the Member State in question, as referred to in Article 9.
  The confidential section of the electronic register
  shall be accessible to
  the
  authorities
  other than the competent authorities
  only if they are duly endowed with powers relating to supervision and the imposition of sanctions in the road transport sphere and whose officials are sworn.

Not later than 1 January 2010, the Commission shall define, together with Member States the minimal structure of the data which have to be entered in the national electronic register.

The
  section of the
  national electronic register
  related to the road transport undertakings
  of a Member State shall contain the following data:

| (a) | the name and legal form of the undertaking; |
| --- | --- |

(a)

the name and legal form of the undertaking;

| (b) | the address of its establishment; |
| --- | --- |

(b)

the address of its establishment;

| (c) | the names of the transport managers designated to meet the conditions as to good repute and professional competence or, as appropriate, the name of the legal representative; |
| --- | --- |

(c)

the names of the transport managers designated to meet the conditions as to good repute and professional competence or, as appropriate, the name of the legal representative;

| (d) | the type of authorisation, the number of vehicles which it covers and, where appropriate, the serial number of the Community licence and that of the certified copies
  , and the vehicle registration mark of each vehicle being operated under the authorisation outside of the undertaking's Member State of establishment; |
| --- | --- |

(d)

the type of authorisation, the number of vehicles which it covers and, where appropriate, the serial number of the Community licence and that of the certified copies
  , and the vehicle registration mark of each vehicle being operated under the authorisation outside of the undertaking's Member State of establishment;

| (e) | the number, the category and the type of serious infringements

  , which have resulted in a sanction in the last two years; |
| --- | --- |

(e)

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| (f) | the names of any persons declared to be unfit to manage the transport activity of an undertaking in the last two years, and the rehabilitation measures applicable. |
| --- | --- |

(f)

the names of any persons declared to be unfit to manage the transport activity of an undertaking in the last two years, and the rehabilitation measures applicable.

The section of the national electronic register related to the road transport managers of a Member State shall contain the following data:

| (a) | the name of the transport manager declared to be fit to manage the transport activity or an undertaking; |
| --- | --- |

(a)

the name of the transport manager declared to be fit to manage the transport activity or an undertaking;

| (b) | the name, legal form and the address of the undertaking or undertakings managed; |
| --- | --- |

(b)

the name, legal form and the address of the undertaking or undertakings managed;

Member States may choose to keep the information contained in subparagraph 3 (e) and (f) in separate registers. In such a case, the relevant data shall be available upon request or directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within 10 working days after receiving the request.

In any case, the information contained in subparagraph 3 (e) and (f) shall only be accessible to authorities other than the competent authorities if they are duly endowed with powers relating to supervision and the imposition of penalties in the road transport sphere and whose officials are sworn or otherwise are under a formal obligation of secrecy.

2.   Data concerning an undertaking the authorisation of which has been Image suspended or withdrawn Image shall remain in the register for two years
  as from the expiry of
  the suspension or withdrawal of the
  licence and shall thereafter be immediately removed
  .

Data concerning any person declared to be unfit for the occupation shall remain in the register as long as the good repute of this person is not re-established pursuant to the provisions set out in Article 6(3). After such rehabilitation or equivalent measures have been taken, the data shall be immediately removed.

Such data shall specify the reasons for the suspension or withdrawal of the authorisations or the declaration of unfitness and the corresponding duration.

3.   Member States shall take all necessary measures to ensure that all the data contained in the electronic register are kept up to date and are accurate, in particular those referred to in paragraph 1, subparagraph 3, (e) and (f)

4.   Member States shall take all necessary measures to ensure that the national electronic registers are interconnected throughout the Community no later than 31 December 2010. Interconnection shall be implemented in such a way that a competent authority in any Member State can consult the electronic registers of all the Member States.
  The Commission shall take any initiative necessary in order to facilitate the implementation of this paragraph.

5.   For the purposes of paragraph 4, the common rules concerning the format of the data exchanged, concerning the technical procedures for automatic consultation of the electronic registers of the other Member States shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 24(2).

Image

Article 16

Protection of personal data

With regard to the application of Directive 95/46/EC, Member States shall ensure in particular that:

| (a) | all persons are informed when data relating to them are recorded or it is planned to forward such data to third parties. The information provided shall specify the identity of the authority responsible for processing the data, the type of data processed and the reasons; |
| --- | --- |

(a)

all persons are informed when data relating to them are recorded or it is planned to forward such data to third parties. The information provided shall specify the identity of the authority responsible for processing the data, the type of data processed and the reasons;

| (b) | all persons have the right of access to data relating to them with the authority responsible for processing the data. This right shall be ensured without constraint, at reasonable intervals and without excessive delay or cost

  for the applicant; |
| --- | --- |

(b)

Image

| (c) | all persons have the right to obtain the rectification, erasure or blocking of incomplete or inaccurate data relating to them; |
| --- | --- |

(c)

all persons have the right to obtain the rectification, erasure or blocking of incomplete or inaccurate data relating to them;

| (d) | all persons have the right to oppose on compelling legitimate grounds the processing of data relating to them. Where there is justified opposition, the processing may no longer involve those data. |
| --- | --- |

(d)

all persons have the right to oppose on compelling legitimate grounds the processing of data relating to them. Where there is justified opposition, the processing may no longer involve those data.

Article 17

Administrative cooperation between Member States

1.   Where a Member State detects an infringement committed by an undertaking the authorisation of which has been issued by a competent authority in another Member State, and the seriousness of the infringement could result in the suspension or withdrawal of the authorisation pursuant to this Regulation, the Member State shall communicate to the other Member State all the information in its possession concerning the infringement and any sanctions which it has imposed.

2.   Member States shall designate a national contact point responsible for the exchange of information with the other Member States with regard to the application of this Regulation. Member States shall forward to Commission the names and addresses of their national contact points by [...] at the latest. The Commission shall draw up a list of all the contact points and forward it to the Member States.

3.   Member States which exchange information in the framework of this Regulation shall use the national contact points designated pursuant to paragraph 2.

4.   Member States which exchange information concerning the infringements referred to in Article 6(2) or concerning any transport managers declared to be unfit shall comply with the procedure and time limits referred to in Article 12(1) of Regulation (EC) No.../2008 [on common rules for access to the international road haulage market], or, as appropriate, Article 23(1) of Regulation (EC) No.../2008 [on common rules for access to the market for coach and bus services]. A Member State which receives notification of
  a serious
  infringement
  which has resulted in a conviction
  from another Member State shall record that infringement in its national electronic register.

Chapter V

Mutual recognition of diplomas, certificates and other evidence of formal qualifications

Article 18

Certificates of good repute and equivalent documents

1.   Without prejudice to Article 10(4), the Image Member State of establishment shall accept as sufficient proof of good repute for admission to the occupation of road transport operator the production of an extract from a judicial record or, failing that, an equivalent document issued by a competent judicial or administrative authority in the Image Member State(s)
  where the transport manager used to reside
  .

2.   Where a Member State imposes on its own nationals certain conditions relating to good repute, and proof that these conditions are met cannot be provided by means of the document referred to in paragraph 1, that State shall accept as sufficient proof for nationals of other Member States a certificate issued by a competent judicial or administrative authority in the Member State(s)
  where the transport manager used to reside
  stating that these conditions have been met. Such certificate shall relate to the specific facts taken into consideration in the Member State of establishment.

3.   If a document required in accordance with paragraphs 1 and 2 has not been issued by the
  Member State(s) where the transport manager used to reside
  , it may be replaced by a declaration on oath or by a solemn declaration made by the person concerned before a competent judicial or administrative authority or, where appropriate, a notary in the Member State
  where the transport manager used to reside
  ; such authority or notary shall issue a certificate authenticating the declaration on oath or the solemn declaration.

4.   Documents issued in accordance with paragraphs 1 and 2 shall not be accepted if produced more than three months after their date of issue. This condition shall apply also to declarations made in accordance with paragraph 3.

Article 19

Certificates
  relating to financial
  standing

Where a Member State imposes on its nationals certain conditions relating to financial standing in addition to those provided for in Article 7, that State shall accept as sufficient proof, for nationals of other Member States, a certificate issued by a competent authority in the Member State(s)
  where the transport manager used to reside
  stating that these conditions have been met. Such certificate shall relate to the specific
  information
   taken into consideration in the new Member State of establishment.

Article 20

Certificates of professional competence

1.   Member States shall recognise as sufficient proof of professional competence certificates complying with the model certificate set out in Annex II which are issued by the authorities or bodies accredited for that purpose.

2.   Certificates issued before [...] as proof of professional competence pursuant to the provisions in force until that date shall be deemed equivalent to the certificate the model for which is set out in Annex II and shall be recognised as proof of professional competence in all Member States. Member States
  shall inform the Commission of the certificates they recognise as proof of professional competence for the purposes of this Article.

Chapter VI

Final provisions

Article 21

Penalties

1.   Member States shall determine the system of
  penalties
  for infringements of the provisions of this Regulation and shall take all the measures necessary to ensure that those
  penalties
  are applied. The
  penalties
  thus provided for must be effective, proportionate and dissuasive. Member States shall give notification of the provisions in question not later than
  1 January 2012
  and shall give notification of any subsequent amendment concerning them as soon as possible.

2.   The
  penalties
  referred to in paragraph 1 shall comprise in particular the Image suspension of the authorisation to engage in the occupation, the withdrawal of such authorisation, and the declaration of the unfitness of the transport managers involved. They shall also comprise the confiscation of any vehicle used by any undertaking which carries out transport operations without having an authorisation as provided for in this Regulation.

Image

Article 22

Transitional provisions

Undertakings which, before the date of entry into force of this Regulation, have an authorisation to engage in the occupation of road transport operator shall comply with the provisions of this Regulation no later than two years after that date.

Article 23

Mutual assistance

Image The competent authorities in the Member States shall cooperate closely and shall grant each other mutual assistance for the purposes of applying this Regulation. They shall
  exchange information on convictions for any serious infringements, or other specific facts liable to have consequences for the pursuit of the occupation of road transport operator, in compliance with the provisions applicable to the protection of personal data
  . Image

Article 24

Committee procedure

1.   The Commission shall be assisted by the Committee set up by Article 18(1) of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport
   (11).

2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.   Where reference is made to this paragraph,
  Article 5a(1) to (4)
  and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.   Where reference is made to this paragraph,
  Articles 5a(1) to (4)
  and
  (5)(b)
  and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
  The time-limits laid down in of Article 5a(3)(c), (4)(b) and (4)(e) of Decision 1999/468/EC shall be one month.

Article 25

Reports on the pursuit of the occupation

1.   Every two years the Member States shall draw up a report on the activities of the competent authorities and shall forward it to the Commission. This report shall comprise

| (a) | an analysis of the sector with regard to good repute, financial standing and professional competence; |
| --- | --- |

(a)

an analysis of the sector with regard to good repute, financial standing and professional competence;

| (b) | the number of authorisations granted by year and by type, those suspended, those withdrawn,

  the number of declarations of unfitness and the reasons; |
| --- | --- |

(b)

Image

| (c) | the number of certificates of professional competence issued each year; |
| --- | --- |

(c)

the number of certificates of professional competence issued each year;

| (d) | core
  statistics relating to

  the national electronic registers
  and their use by competent authorities
  ; and |
| --- | --- |

(d)

Image

| (e) | an analysis of the exchanges of information with the other Member States, including in particular the annual number of established infringements notified to other Member States and the replies received pursuant to Article 17(3), and the annual number of requests and replies received pursuant Article 17(4). |
| --- | --- |

(e)

an analysis of the exchanges of information with the other Member States, including in particular the annual number of established infringements notified to other Member States and the replies received pursuant to Article 17(3), and the annual number of requests and replies received pursuant Article 17(4).

2.   The Commission shall draw up every two years, on the basis of these national reports, a report for the attention of the European Parliament and the Council on the pursuit of the occupation of road transport operator. That report shall contain in particular an assessment of the operation of the exchange of information between Member States. It shall be published at the same time as the report referred to in Article 17 of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006on the harmonisation of certain social legislation relating to transport
   (12).

3.
     
  By 1 June 2009 the Commission shall report on the likely impact of extending the scope of this Regulation to include commercial transport with vehicles whose design and equipment are appropriate and which are intended to carry up to nine persons including the driver. The Commission shall if necessary take the relevant initiatives.

Article 26

List of competent authorities

Each Member State shall forward to the Commission
  by 1 June 2009
  a list of competent authorities which it has designated to authorise the pursuit of the occupation of road transport operator and a list of the accredited authorities or bodies responsible for organising the examinations
  and issuing the certificates
  . A consolidated list of those authorities and bodies throughout the Community shall be published by the Commission in the Official Journal of the European Union.

Article 27

Communication of national measures

Member States shall communicate to the Commission Image the text of the laws, regulations or administrative provisions of national law which they adopt in the field governed by this Regulation
  no later than six days after their date of adoption and for the first time by1 June 2009.

Article 28

Repeal

Directive 96/26/EC is hereby repealed.

References to the repealed Directive shall be construed as references to this Regulation.

Article 29

Entry into force

This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

It shall apply with effect from
  1 June 2009

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  OJ C ...

2

(3)  Position of the European Parliament of 21 May 2008.

3

Position of the European Parliament of 21 May 2008

(4)  OJ L 124, 23.5.1996, p. 1. Image.

4

(5)  OJ L ...

5

(6)  OJ L ...

6

(7)  OJ L 281, 23.11.1995, p. 31.

7

(8)  OJ L 184, 17.7.1999, p. 23. Image.

8

(9)  OJ L 222, 14.8.1978, p. 11
  Image.

9

(10)  Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35).

10

Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC

(11)  OJ L 370, 31.12.1985, p. 8. Image.

11

(12)  OJ L 102, 11.4.2006, p. 1.

12

ANNEX I

I.   LIST OF SUBJECTS REFERRED TO IN ARTICLE 8

The knowledge to be taken into consideration for the official recognition of professional competence by the Member States must cover at least the subjects listed below for road haulage and road passenger transport respectively. In relation to these subjects, applicant road haulage and road passenger transport operators must have the levels of knowledge and practical aptitude necessary for the management of a transport undertaking.

The minimum level of knowledge, as indicated below, may not be below level 3 of the training-level structure laid down in the Annex to Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational traning qualifications between the Member States of the European Community
   (1), that is the level achieved in training acquired in the course of compulsory education supplemented either by vocational training and supplementary technical training or by secondary school or other technical training.

A.   Civil law

Road haulage and passenger transport

The applicant must, in particular:

| 1) | be familiar with the main types of contract used in road transport and with the rights and obligations arising therefrom; |
| --- | --- |

1)

be familiar with the main types of contract used in road transport and with the rights and obligations arising therefrom;

| 2) | be capable of negotiating a legally valid transport contract, notably with regard to conditions of carriage. |
| --- | --- |

2)

be capable of negotiating a legally valid transport contract, notably with regard to conditions of carriage.

Road haulage

| 3) | be able to consider a claim by his principal regarding compensation for loss of or damage to goods during transportation or for their late delivery, and to understand how such a claim affects his contractual liability; |
| --- | --- |

3)

be able to consider a claim by his principal regarding compensation for loss of or damage to goods during transportation or for their late delivery, and to understand how such a claim affects his contractual liability;

| 4) | be familiar with the rules and obligations arising from the CMR Convention on the Contract for the International Carriage of Goods by Road. |
| --- | --- |

4)

be familiar with the rules and obligations arising from the CMR Convention on the Contract for the International Carriage of Goods by Road.

Road passenger transport

| 5) | be able to consider a claim by his principal regarding compensation for injury to passengers or damage to their baggage caused by an accident during transportation, or regarding compensation for delays, and to understand how such a claim affects his contractual liability. |
| --- | --- |

5)

be able to consider a claim by his principal regarding compensation for injury to passengers or damage to their baggage caused by an accident during transportation, or regarding compensation for delays, and to understand how such a claim affects his contractual liability.

B.   Commercial law

Road haulage and passenger transport

The applicant must, in particular:

| 1) | be familiar with the conditions and formalities laid down for plying the trade, the general obligations incumbent upon transport operators (registration, keeping records, etc.) and the consequences of bankruptcy; |
| --- | --- |

1)

be familiar with the conditions and formalities laid down for plying the trade, the general obligations incumbent upon transport operators (registration, keeping records, etc.) and the consequences of bankruptcy;

| 2) | have appropriate knowledge of the various forms of commercial company and the rules governing their constitution and operation. |
| --- | --- |

2)

have appropriate knowledge of the various forms of commercial company and the rules governing their constitution and operation.

C.   Social law

Road haulage and passenger transport

The applicant must, in particular:

| 1) | be familiar with the role and function of the various social institutions which are concerned with road transport (trade unions, works councils, shop stewards, labour inspectors, etc.); |
| --- | --- |

1)

be familiar with the role and function of the various social institutions which are concerned with road transport (trade unions, works councils, shop stewards, labour inspectors, etc.);

| 2) | be familiar with the employers' social security obligations; |
| --- | --- |

2)

be familiar with the employers' social security obligations;

| 3) | be familiar with the rules governing work contracts for the various categories of worker employed by road transport undertakings (form of the contracts, obligations of the parties, working conditions and working hours, paid leave, remuneration, breach of contract, etc.); |
| --- | --- |

3)

be familiar with the rules governing work contracts for the various categories of worker employed by road transport undertakings (form of the contracts, obligations of the parties, working conditions and working hours, paid leave, remuneration, breach of contract, etc.);

| 4) | be familiar with the rules applicable to driving time, rest periods and working time, and in particular wih the provisions of

  Regulation (EC) No 561/2006

  ,

  Regulation (EEC) No 3821/85

  , Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities
   (2) and Directive 2006/22/EC, and the practical measures for applying those provisions; |
| --- | --- |

4)

Image

Image

Image

Image

| 5) | be familiar with the rules applicable to the initial qualification and continuous training of drivers, and in particular those deriving from Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers
   (3). |
| --- | --- |

5)

be familiar with the rules applicable to the initial qualification and continuous training of drivers, and in particular those deriving from Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers
   (3).

D.   Fiscal law

Road haulage and passenger transport

The applicant must, in particular, be familiar with the rules governing:

| 1) | VAT on transport services; |
| --- | --- |

1)

VAT on transport services;

| 2) | motor-vehicle tax; |
| --- | --- |

2)

motor-vehicle tax;

| 3) | the taxes on certain road haulage vehicles and tolls and infrastructure user charges; |
| --- | --- |

3)

the taxes on certain road haulage vehicles and tolls and infrastructure user charges;

| 4) | income tax. |
| --- | --- |

4)

income tax.

E.   Business and financial management of the undertaking

Road haulage and passenger transport

The applicant must, in particular:

| 1) | be familiar with the laws and practices regarding the use of cheques, bills of exchange, promissory notes, credit cards and other means or methods of payment; |
| --- | --- |

1)

be familiar with the laws and practices regarding the use of cheques, bills of exchange, promissory notes, credit cards and other means or methods of payment;

| 2) | be familiar with the various forms of credit (bank credit, documentary credit, guarantee deposits, mortgages, leasing, renting, factoring, etc.) and with the charges and obligations arising therefrom; |
| --- | --- |

2)

be familiar with the various forms of credit (bank credit, documentary credit, guarantee deposits, mortgages, leasing, renting, factoring, etc.) and with the charges and obligations arising therefrom;

| 3) | know what a balance sheet is, how it is set out and how to interpret it; |
| --- | --- |

3)

know what a balance sheet is, how it is set out and how to interpret it;

| 4) | be able to read and interpret a profit and loss account; |
| --- | --- |

4)

be able to read and interpret a profit and loss account;

| 5) | be able to assess the undertaking's profitability and financial position, in particular on the basis of financial ratios; |
| --- | --- |

5)

be able to assess the undertaking's profitability and financial position, in particular on the basis of financial ratios;

| 6) | be able to prepare a budget; |
| --- | --- |

6)

be able to prepare a budget;

| 7) | be familiar with his undertaking's cost elements (fixed costs, variable costs, working capital, depreciation, etc.), and be able to calculate costs per vehicle, per kilometre, per journey or per tonne; |
| --- | --- |

7)

be familiar with his undertaking's cost elements (fixed costs, variable costs, working capital, depreciation, etc.), and be able to calculate costs per vehicle, per kilometre, per journey or per tonne;

| 8) | be able to draw up an organisation chart relating to the undertaking's personnel as a whole and to organise work plans, etc.; |
| --- | --- |

8)

be able to draw up an organisation chart relating to the undertaking's personnel as a whole and to organise work plans, etc.;

| 9) | be familiar with the principles of marketing, publicity and public relations, including transport services, sales promotion and the preparation of customer files, etc.; |
| --- | --- |

9)

be familiar with the principles of marketing, publicity and public relations, including transport services, sales promotion and the preparation of customer files, etc.;

| 10) | be familiar with the different types of insurance relating to road transport (liability, accidental injury/life insurance, non-life and luggage insurance) and with the guarantees and obligations arising therefrom; |
| --- | --- |

10)

be familiar with the different types of insurance relating to road transport (liability, accidental injury/life insurance, non-life and luggage insurance) and with the guarantees and obligations arising therefrom;

| 11) | be familiar with the applications of electronic data transmission in road transport. |
| --- | --- |

11)

be familiar with the applications of electronic data transmission in road transport.

Road haulage

| 12) | be able to apply the rules governing the invoicing of road haulage services and know the meaning and implications of Incoterms; |
| --- | --- |

12)

be able to apply the rules governing the invoicing of road haulage services and know the meaning and implications of Incoterms;

| 13) | be familiar with the different categories of transport auxiliaries, their role, their functions and, where appropriate, their status; |
| --- | --- |

13)

be familiar with the different categories of transport auxiliaries, their role, their functions and, where appropriate, their status;

Road passenger transport

| 14) | be able to apply the rules governing fares and pricing in public and private passenger transport; |
| --- | --- |

14)

be able to apply the rules governing fares and pricing in public and private passenger transport;

| 15) | be able to apply the rules governing the invoicing of road passenger transport services. |
| --- | --- |

15)

be able to apply the rules governing the invoicing of road passenger transport services.

F.   Access to the market

Road haulage and passenger transport

The applicant must, in particular:

| 1) | be familiar with the occupational regulations governing road transport for hire or reward, industrial vehicle rental and subcontracting, and in particular the rules governing the official organisation of the occupation, admission to the occupation, authorisations for intra-Community and extra-Community road transport operations, inspections and sanctions; |
| --- | --- |

1)

be familiar with the occupational regulations governing road transport for hire or reward, industrial vehicle rental and subcontracting, and in particular the rules governing the official organisation of the occupation, admission to the occupation, authorisations for intra-Community and extra-Community road transport operations, inspections and sanctions;

| 2) | be familiar with the rules for setting up a road transport undertaking; |
| --- | --- |

2)

be familiar with the rules for setting up a road transport undertaking;

| 3) | be familiar with the various documents required for operating road transport services and be able to introduce checking procedures for ensuring that the approved documents relating to each transport operation, and in particular those relating to the vehicle, the driver, the goods and luggage are kept both in the vehicle and on the premises of the undertaking. |
| --- | --- |

3)

be familiar with the various documents required for operating road transport services and be able to introduce checking procedures for ensuring that the approved documents relating to each transport operation, and in particular those relating to the vehicle, the driver, the goods and luggage are kept both in the vehicle and on the premises of the undertaking.

Road haulage

| 4) | be familiar with the rules on the organisation of the market in road haulage services, on freight handling and logistics; |
| --- | --- |

4)

be familiar with the rules on the organisation of the market in road haulage services, on freight handling and logistics;

| 5) | be familiar with border formalities, the role and scope of T documents and TIR carnets, and the obligations and responsibilities arising from their use. |
| --- | --- |

5)

be familiar with border formalities, the role and scope of T documents and TIR carnets, and the obligations and responsibilities arising from their use.

Road passenger transport

| 6) | be familiar with the rules on the organisation of the market in road passenger transport; |
| --- | --- |

6)

be familiar with the rules on the organisation of the market in road passenger transport;

| 7) | be familiar with the rules for introducing road passenger transport services and be able to draw up transport plans. |
| --- | --- |

7)

be familiar with the rules for introducing road passenger transport services and be able to draw up transport plans.

G.   Technical standards and technical aspects of operation

Road haulage and passenger transport

The applicant must, in particular:

| 1) | be familiar with the rules concerning the weights and dimensions of vehicles in the Member States and the procedures to be followed in the case of abnormal loads which constitute an exception to these rules; |
| --- | --- |

1)

be familiar with the rules concerning the weights and dimensions of vehicles in the Member States and the procedures to be followed in the case of abnormal loads which constitute an exception to these rules;

| 2) | be able to choose vehicles and their components (chassis, engine, transmission system, braking system, etc.) in accordance with the needs of the undertaking; |
| --- | --- |

2)

be able to choose vehicles and their components (chassis, engine, transmission system, braking system, etc.) in accordance with the needs of the undertaking;

| 3) | be familiar with the formalities relating to the type approval, registration and technical inspection of these vehicles; |
| --- | --- |

3)

be familiar with the formalities relating to the type approval, registration and technical inspection of these vehicles;

| 4) | understand what measures must be taken to reduce noise and to combat air pollution by motor vehicle exhaust emissions; |
| --- | --- |

4)

understand what measures must be taken to reduce noise and to combat air pollution by motor vehicle exhaust emissions;

| 5) | be able to draw up periodic maintenance plans for the vehicles and their equipment. |
| --- | --- |

5)

be able to draw up periodic maintenance plans for the vehicles and their equipment.

Road haulage

| 6) | be familiar with the different types of cargo-handling and loading devices (tailboards, containers, pallets, etc.) and be able to introduce procedures and issue instructions for loading and unloading goods (load distribution, stacking, stowing, blocking and chocking, etc.); |
| --- | --- |

6)

be familiar with the different types of cargo-handling and loading devices (tailboards, containers, pallets, etc.) and be able to introduce procedures and issue instructions for loading and unloading goods (load distribution, stacking, stowing, blocking and chocking, etc.);

| 7) | be familiar with the various techniques of piggy-back and roll-on roll-off combined transport; |
| --- | --- |

7)

be familiar with the various techniques of piggy-back and roll-on roll-off combined transport;

| 8) | be able to implement procedures for complying with the rules on the carriage of dangerous goods and waste, notably those arising from Council Directive 94/55/EC (4), Council Directive 96/35/EC (5), and Council Regulation (EEC) No 259/93 (6); |
| --- | --- |

8)

be able to implement procedures for complying with the rules on the carriage of dangerous goods and waste, notably those arising from Council Directive 94/55/EC (4), Council Directive 96/35/EC (5), and Council Regulation (EEC) No 259/93 (6);

| 9) | be able to implement procedures for complying with the rules on the carriage of perishable foodstuffs, notably those arising from the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage (ATP); |
| --- | --- |

9)

be able to implement procedures for complying with the rules on the carriage of perishable foodstuffs, notably those arising from the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage (ATP);

| 10) | be able to implement procedures for complying with the rules on the transport of live animals. |
| --- | --- |

10)

be able to implement procedures for complying with the rules on the transport of live animals.

H.   Road safety

Road haulage and passenger transport

The applicant must, in particular:

| 1) | know what qualifications are required for drivers (driving licence, medical certificates, certificates of fitness, etc.); |
| --- | --- |

1)

know what qualifications are required for drivers (driving licence, medical certificates, certificates of fitness, etc.);

| 2) | be able to take the necessary steps to ensure that drivers comply with the traffic rules, prohibitions and restrictions in force in different Member States (speed limits, priorities, waiting and parking restrictions, use of lights, road signs, etc.); |
| --- | --- |

2)

be able to take the necessary steps to ensure that drivers comply with the traffic rules, prohibitions and restrictions in force in different Member States (speed limits, priorities, waiting and parking restrictions, use of lights, road signs, etc.);

| 3) | be able to draw up drivers' instructions for checking their compliance with the safety requirements concerning the condition of the vehicles, their equipment and cargo, and concerning preventive measures to be taken; |
| --- | --- |

3)

be able to draw up drivers' instructions for checking their compliance with the safety requirements concerning the condition of the vehicles, their equipment and cargo, and concerning preventive measures to be taken;

| 4) | be able to lay down procedures to be followed in the event of an accident and to implement appropriate procedures for preventing the recurrence of accidents or serious traffic offences; |
| --- | --- |

4)

be able to lay down procedures to be followed in the event of an accident and to implement appropriate procedures for preventing the recurrence of accidents or serious traffic offences;

| 5) | be able to implement procedures for securing goods properly and be familiar with the corresponding techniques. |
| --- | --- |

5)

be able to implement procedures for securing goods properly and be familiar with the corresponding techniques.

Road passenger transport

| 6) | have elementary knowledge of the layout of the road network in the Member States. |
| --- | --- |

6)

have elementary knowledge of the layout of the road network in the Member States.

II.   ORGANISATION OF THE EXAMINATION

| 1. | Member States shall organise a compulsory written examination which they may supplement by an optional oral examination to establish whether applicant road transport operators have achieved the required level of knowledge in the subjects listed in part I, in particular, their capacity to use the instruments and techniques relating thereto and to fulfil the corresponding executive and coordination duties.






  (a) | The compulsory written examination shall involve two tests, namely:






  — | written questions consisting of either multiple choice questions (each with four possible answers), questions requiring direct answers or a combination of both systems, |
| --- | --- | --- | --- |

1.

Member States shall organise a compulsory written examination which they may supplement by an optional oral examination to establish whether applicant road transport operators have achieved the required level of knowledge in the subjects listed in part I, in particular, their capacity to use the instruments and techniques relating thereto and to fulfil the corresponding executive and coordination duties.

(a)

The compulsory written examination shall involve two tests, namely:

—

written questions consisting of either multiple choice questions (each with four possible answers), questions requiring direct answers or a combination of both systems,

| — | written exercises/case studies. |
| --- | --- |

—

written exercises/case studies.

The minimum duration of each test is two hours.

| (b) | Where an oral examination is organised, Member States may stipulate that participation is subject to successful completion of the written examination. |
| --- | --- |

(b)

Where an oral examination is organised, Member States may stipulate that participation is subject to successful completion of the written examination.

| 2. | Where Member States also organise an oral examination, they must provide, in respect of each of the three tests, for a weighting of marks of a minimum of 25 % and a maximum of 40 % of the total number of marks to be given.
  Where Member States organise only a written examination they must provide, in respect of each test, for a weighting of marks of a minimum of 40 % and a maximum of 60 % of the total number of marks to be given. |
| --- | --- |

2.

Where Member States also organise an oral examination, they must provide, in respect of each of the three tests, for a weighting of marks of a minimum of 25 % and a maximum of 40 % of the total number of marks to be given.

Where Member States organise only a written examination they must provide, in respect of each test, for a weighting of marks of a minimum of 40 % and a maximum of 60 % of the total number of marks to be given.

| 3. | With regard to all the tests, applicants must obtain an average of at least 60 % of the total number of marks to be given, achieving in any given test not less than 50 % of the total number of marks possible. In one test only, a Member State may reduce that mark from 50 % to 40 %. |
| --- | --- |

3.

With regard to all the tests, applicants must obtain an average of at least 60 % of the total number of marks to be given, achieving in any given test not less than 50 % of the total number of marks possible. In one test only, a Member State may reduce that mark from 50 % to 40 %.

---

(1)  OJ L 199, 31.7.1985, p. 56.

(2)  
  OJ L 80, 23.3.2002, p. 35.

(3)  
  OJ L 226, 10.9.2003, p. 4.

(4)  Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of Member States with regard to the transport of dangerous goods by road (OJ L 319, 12.12.1994, p. 7).

(5)  Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway (OJ L 145, 19.6.1996, p. 10.).

(6)  Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (OJ L 30, 6.2.1993, p. 1). Repealed by Regulation (EC) No 1013/2006 (OJ L 190, 12.7.2006, p. 1.).

ANNEX II

Image

EUROPEAN COMMUNITY

(Stout fawn paper — Format DIN A4 synthetic paper 150g/m2 or more)

(Text in the official language(s) or one of the official languages of the Member State issuing the certificate)

Distinctive symbol of the Member State concerned (1)

Designation of the accredited authority or body (2)

CERTIFICATE OF PROFESSIONAL COMPETENCE

IN ROAD HAULAGE [PASSENGER TRANSPORT (3)]

No

We

hereby certify that (4)

born on

in

has successfully completed the training and passed the tests for the examination (year: ,

session: ) (5) organised for the award of the certificate of professional competence in road haulage [passenger transport] (6) in accordance with Regulation (EC) No ...... / ...... of ......

This certificate constitutes the sufficient proof of professional competence referred to in Article 20(1) of European Parliament and Council Regulation (EC) No ... /2008 of ... establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator.

Issued at , on (7)

(1) Distinctive symbol of the State: (B) Belgium, (BG) Bulgaria, (CZ) Czech Republic, (DK) Denmark, (D) Germany, (EST) Estonia, (GR) Greece, (E) Spain, (F) France, (IRL) Ireland, (I) Italy, (CY) Cyprus, (LV) Latvia, (LT) Lithuania, (L) Luxembourg, (H) Hungary, (NL) Netherlands, (A) Austria, (PL) Poland, (P) Portugal, (RO) Romania, (SLO) Slovenia, (SK) Slovakia, (FIN) Finland, (S) Sweden, (UK) United Kingdom.

(2) Authority or body designated in advance for this purpose by each Member State of the European Community to issue this certificate.

(3) Delete as appropriate.

(4) Surname and forename; place and date of birth.

(5) Identification of the examination.

(6) Delete as appropriate.

(7) Stamp and signature of the accredited body issuing the certificate.

ANNEX III

The list of infringements as referred in Article 6.2.(a) is as follows:

| 1. | (a) | Exceeding the maximum six-day or fortnightly driving time limits by margins of 25 % or more. |
| --- | --- | --- |

1.

(a)

Exceeding the maximum six-day or fortnightly driving time limits by margins of 25 % or more.

| (b) | Exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50 % or more without taking a break or an uninterrupted rest period of at least 4,5 hours. |
| --- | --- |

(b)

Exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50 % or more without taking a break or an uninterrupted rest period of at least 4,5 hours.

| 2. | No tachograph and/or speed limiter fitted or use of a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsification of [...] record sheets or data downloaded from the tachograph and/or the driver card. |
| --- | --- |

2.

No tachograph and/or speed limiter fitted or use of a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsification of [...] record sheets or data downloaded from the tachograph and/or the driver card.

| 3. | Driving without a valid roadworthiness test or where the vehicle contains a very serious deficiency of, inter alia, the braking system, steering linkages, wheels/tyres, suspension or chassis that would create an immediate risk to road safety that would lead to a decision to immobilise the vehicle. |
| --- | --- |

3.

Driving without a valid roadworthiness test or where the vehicle contains a very serious deficiency of, inter alia, the braking system, steering linkages, wheels/tyres, suspension or chassis that would create an immediate risk to road safety that would lead to a decision to immobilise the vehicle.

| 4. | Dangerous goods being carried that are prohibited for transport, or dangerous goods that are carried without the required placarding or marking of the vehicle. |
| --- | --- |

4.

Dangerous goods being carried that are prohibited for transport, or dangerous goods that are carried without the required placarding or marking of the vehicle.

| 5. | Carriage of passengers or goods without holding a valid driving licence or made by an undertaking which is not the holder of a valid Community licence. |
| --- | --- |

5.

Carriage of passengers or goods without holding a valid driving licence or made by an undertaking which is not the holder of a valid Community licence.

| 6. | Driver using a driver card that has been falsified, of which he is not the holder or which has been obtained on the basis of false declarations and/or forged documents. |
| --- | --- |

6.

Driver using a driver card that has been falsified, of which he is not the holder or which has been obtained on the basis of false declarations and/or forged documents.

| 7. | Carriage of goods by exceeding the maximum permissible laden weight by 20 % or more. |
| --- | --- |

7.

Carriage of goods by exceeding the maximum permissible laden weight by 20 % or more.

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/194 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/194

---

International carriage of goods by road (recast) ***I

P6_TA(2008)0218

European Parliament legislative resolution of 21 May 2008 on the proposal for a regulation of the European Parliament and of the Council on common rules for access to the international road haulage market (recast) (COM(2007)0265 — C6-0146/2007 — 2007/0099(COD))

(2009/C 279 E/38)

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0265), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0265),

| — | having regard to Articles 251(2) and 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0146/2007), |
| --- | --- |

—

having regard to Articles 251(2) and 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0146/2007),

| — | having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1),

| — | having regard to the letter of 20 November 2007 from the Committee on Legal Affairs pursuant to Rule 80a(3) of its Rules of Procedure, |
| --- | --- |

—

having regard to the letter of 20 November 2007 from the Committee on Legal Affairs pursuant to Rule 80a(3) of its Rules of Procedure,

| — | having regard to Rules 80a and 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 80a and 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Transport and Tourism (A6-0038/2008), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism (A6-0038/2008),

| 1. | Approves the Commission proposal as amended hereunder and as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as amended hereunder and as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 77, 28.3.2002, p. 1.

---

P6_TC1-COD(2007)0099

Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on common rules for access to the international road haulage market (recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission Image,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | A number of substantial changes are to be made to Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States (4), to Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (5), and to Directive 2006/94/EC of the European Parliament and of the Council of 12 December 2006 on the establishment of common rules for certain types of carriage of goods by road (6). In the interests of clarity and simplification, those legal acts should be recast and incorporated into one single regulation. |
| --- | --- |

(1)

A number of substantial changes are to be made to Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States (4), to Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (5), and to Directive 2006/94/EC of the European Parliament and of the Council of 12 December 2006 on the establishment of common rules for certain types of carriage of goods by road (6). In the interests of clarity and simplification, those legal acts should be recast and incorporated into one single regulation.

| (2) | The establishment of a common transport policy involves, inter alia, laying down common rules applicable to access to the market in the international carriage of goods by road within the territory of the Community, as well as laying down the conditions under which non-resident hauliers may operate transport services within a Member State. Those rules must be laid down in such a way as to contribute to the smooth operation of the internal transport market. |
| --- | --- |

(2)

The establishment of a common transport policy involves, inter alia, laying down common rules applicable to access to the market in the international carriage of goods by road within the territory of the Community, as well as laying down the conditions under which non-resident hauliers may operate transport services within a Member State. Those rules must be laid down in such a way as to contribute to the smooth operation of the internal transport market.

| (3) | These uniform arrangements for market access also involve introducing the freedom to provide services by eliminating all restrictions imposed on the provider of services because of his or her nationality or the fact that he or she is established in a Member State other than that in which the service is to be provided. |
| --- | --- |

(3)

These uniform arrangements for market access also involve introducing the freedom to provide services by eliminating all restrictions imposed on the provider of services because of his or her nationality or the fact that he or she is established in a Member State other than that in which the service is to be provided.

| (4) | To ensure a coherent framework for international road haulage throughout the Community this Regulation should apply to all international carriage on Community territory. Carriage from Member States to third countries is still largely covered by bilateral agreements between the Member States and those third countries. Therefore, this Regulation should not apply to that part of the journey within the territory of the Member State of loading or unloading as long as the necessary agreements between the Community and the third countries concerned have not been concluded. It should, however, apply to the territory of a Member State crossed in transit. |
| --- | --- |

(4)

To ensure a coherent framework for international road haulage throughout the Community this Regulation should apply to all international carriage on Community territory. Carriage from Member States to third countries is still largely covered by bilateral agreements between the Member States and those third countries. Therefore, this Regulation should not apply to that part of the journey within the territory of the Member State of loading or unloading as long as the necessary agreements between the Community and the third countries concerned have not been concluded. It should, however, apply to the territory of a Member State crossed in transit.

| (5) | The incoming or outgoing carriage of goods by road as one leg of a combined transport journey under the conditions laid down in Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (7), and therefore combined rail/road transport and/or water/road transport in both directions, does not fall under the definition of cabotage. |
| --- | --- |

(5)

The incoming or outgoing carriage of goods by road as one leg of a combined transport journey under the conditions laid down in Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (7), and therefore combined rail/road transport and/or water/road transport in both directions, does not fall under the definition of cabotage.

| (6) | Under Directive 2006/94/EC, a certain number of types of carriage are exempt from Community authorisation and from any other carriage authorisation. Within the framework of the organisation of the market provided for by this Regulation, a system of exemption from the Community licence and from any other carriage authorisation must be maintained for some of those types of transport, because of their special nature. |
| --- | --- |

(6)

Under Directive 2006/94/EC, a certain number of types of carriage are exempt from Community authorisation and from any other carriage authorisation. Within the framework of the organisation of the market provided for by this Regulation, a system of exemption from the Community licence and from any other carriage authorisation must be maintained for some of those types of transport, because of their special nature.

| (7) | Under Directive 2006/94/EC, the carriage of goods using vehicles with a maximum mass of between 3,5 tonnes and 6 tonnes was exempt from the requirement of a Community licence. Community rules in the field of road transport of goods and passengers, however, apply in general to vehicles with a maximum mass of 3,5 tonnes or more. Thus the provisions of this Regulation should be aligned to the general scope of application of Community road transport rules and only provide for an exemption for vehicles with a maximum mass of below 3,5 tonnes. |
| --- | --- |

(7)

Under Directive 2006/94/EC, the carriage of goods using vehicles with a maximum mass of between 3,5 tonnes and 6 tonnes was exempt from the requirement of a Community licence. Community rules in the field of road transport of goods and passengers, however, apply in general to vehicles with a maximum mass of 3,5 tonnes or more. Thus the provisions of this Regulation should be aligned to the general scope of application of Community road transport rules and only provide for an exemption for vehicles with a maximum mass of below 3,5 tonnes.

| (8) | The international carriage of goods by road must be made conditional on the possession of a quota-free Community licence. Hauliers should be required to carry a certified true copy of the Community licence aboard each of their vehicles in order to facilitate effective controls by enforcement bodies, especially those outside the Member State in which the haulier is established. To this end it is necessary to lay down more detailed specifications as regards the layout and other features of the Community licence and the certified copies. |
| --- | --- |

(8)

The international carriage of goods by road must be made conditional on the possession of a quota-free Community licence. Hauliers should be required to carry a certified true copy of the Community licence aboard each of their vehicles in order to facilitate effective controls by enforcement bodies, especially those outside the Member State in which the haulier is established. To this end it is necessary to lay down more detailed specifications as regards the layout and other features of the Community licence and the certified copies.

| (9) | The conditions governing the issue and withdrawal of Community licences and the types of carriage to which they apply, their periods of validity and the detailed rules for their use should be laid down. |
| --- | --- |

(9)

The conditions governing the issue and withdrawal of Community licences and the types of carriage to which they apply, their periods of validity and the detailed rules for their use should be laid down.

| (10) | A driver attestation should also be established, in order to allow Member States to check effectively whether drivers from third countries are lawfully employed or at the disposal of the haulier responsible for a given transport operation.
  This driver attestation should be comprehensible to any person who carries out such checks. |
| --- | --- |

(10)

A driver attestation should also be established, in order to allow Member States to check effectively whether drivers from third countries are lawfully employed or at the disposal of the haulier responsible for a given transport operation.
  This driver attestation should be comprehensible to any person who carries out such checks.

| (11) | Hauliers who are holders of Community licences provided for in this Regulation and hauliers authorised to operate certain categories of international haulage services should be permitted to carry out national transport services within a Member State, without having a registered office or other establishment therein. |
| --- | --- |

(11)

Hauliers who are holders of Community licences provided for in this Regulation and hauliers authorised to operate certain categories of international haulage services should be permitted to carry out national transport services within a Member State, without having a registered office or other establishment therein.

| (12) | In the past, such national transport services were authorised on a temporary basis. In practice, it has been difficult to ascertain which services are authorised. Clear and easily enforceable rules are thus needed.
  In the longer term, however, the restrictions on cabotage are no longer justifiable. They must be completely abolished, as these restrictions do not accord with the principles of an internal market without borders where the free movement of goods and services is guaranteed. The Member States should take all the necessary measures to ensure that the rules are enforced uniformly throughout the EU. |
| --- | --- |

(12)

In the past, such national transport services were authorised on a temporary basis. In practice, it has been difficult to ascertain which services are authorised. Clear and easily enforceable rules are thus needed.
  In the longer term, however, the restrictions on cabotage are no longer justifiable. They must be completely abolished, as these restrictions do not accord with the principles of an internal market without borders where the free movement of goods and services is guaranteed. The Member States should take all the necessary measures to ensure that the rules are enforced uniformly throughout the EU.

| (13) | The provisions of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (8) apply in cases where, for the provision of cabotage operations, hauliers post workers, who have an employment relationship with those hauliers, from the Member State where they ordinarily work. |
| --- | --- |

(13)

The provisions of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (8) apply in cases where, for the provision of cabotage operations, hauliers post workers, who have an employment relationship with those hauliers, from the Member State where they ordinarily work.

| (14) | Restrictions on the number and duration of cabotage operations are a necessary but intermediate stage aimed at encouraging the Member States to maximise the harmonisation of fiscal and working conditions. The restrictions imposed under this Regulation are therefore temporary and should be lifted with effect from 1 January 2014. |
| --- | --- |

(14)

Restrictions on the number and duration of cabotage operations are a necessary but intermediate stage aimed at encouraging the Member States to maximise the harmonisation of fiscal and working conditions. The restrictions imposed under this Regulation are therefore temporary and should be lifted with effect from 1 January 2014.

| (15) | Some neighbouring Member States have intensive, long-standing economic links. Such Member States should therefore be allowed to grant wider access to cabotage to hauliers from the neighbouring Member States in question. |
| --- | --- |

(15)

Some neighbouring Member States have intensive, long-standing economic links. Such Member States should therefore be allowed to grant wider access to cabotage to hauliers from the neighbouring Member States in question.

| (16) | It is desirable that Member States should grant each other mutual assistance with a view to the sound application of this Regulation. |
| --- | --- |

(16)

It is desirable that Member States should grant each other mutual assistance with a view to the sound application of this Regulation.

| (17) | It should be possible to ensure that cross-trade — i.e. international transport operations carried out by a haulier between two Member States neither of which is the Member State where the haulier is established — does not lead to situations whereby, owing to its regularity, continuity and/or systematic nature, it distorts the market by applying to it less favourable employment and working conditions than those which apply in the two Member States between which the cross-trade is taking place. |
| --- | --- |

(17)

It should be possible to ensure that cross-trade — i.e. international transport operations carried out by a haulier between two Member States neither of which is the Member State where the haulier is established — does not lead to situations whereby, owing to its regularity, continuity and/or systematic nature, it distorts the market by applying to it less favourable employment and working conditions than those which apply in the two Member States between which the cross-trade is taking place.

| (18) | Administrative formalities should be reduced as far as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of this Regulation. To this end the existing rules on the withdrawal of the Community licence should be clarified and strengthened. The current rules should be adapted to allow the effective sanctioning of serious

  infringements committed in a Member State other than the Member State of establishment. Penalties should be non-discriminatory and in proportion to the seriousness of the infringements. It should be possible to lodge an appeal

  . |
| --- | --- |

(18)

Image

Image

| (19) | Member States should enter in their national register of road transport undertakings all serious infringements

  committed by hauliers and which have led to the imposition of a penalty. |
| --- | --- |

(19)

Image

| (20) | In order to strengthen and facilitate the exchange of information between national authorities Member States should exchange the relevant information through the national contact points set up pursuant to Regulation (EC) No .../2008 of the European Parliament and of the Council of ... [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator] (9). |
| --- | --- |

(20)

In order to strengthen and facilitate the exchange of information between national authorities Member States should exchange the relevant information through the national contact points set up pursuant to Regulation (EC) No .../2008 of the European Parliament and of the Council of ... [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator] (9).

| (21) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10). |
| --- | --- |

(21)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10).

| (22) | In particular the Commission should be empowered to adapt Annexes I and II to technical progress
  and to draw up a single harmonised model for a waybill
  . Since those measures are of general scope and are designed to amend non-essential elements of this Regulation
  , inter alia by supplementing it with new non-essential elements
  , they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. |
| --- | --- |

(22)

In particular the Commission should be empowered to adapt Annexes I and II to technical progress
  and to draw up a single harmonised model for a waybill
  . Since those measures are of general scope and are designed to amend non-essential elements of this Regulation
  , inter alia by supplementing it with new non-essential elements
  , they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

| (23) | On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of those measures. |
| --- | --- |

(23)

On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of those measures.

| (24) | Member States should take the necessary measures to implement this Regulation, in particular as regards effective, proportionate and dissuasive penalties. |
| --- | --- |

(24)

Member States should take the necessary measures to implement this Regulation, in particular as regards effective, proportionate and dissuasive penalties.

| (25) | Since the objectives of the action to be taken cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and the effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this regulation does not go beyond what is necessary in order to achieve those objectives, |
| --- | --- |

(25)

Since the objectives of the action to be taken cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and the effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this regulation does not go beyond what is necessary in order to achieve those objectives,

HAVE ADOPTED THIS REGULATION:

Chapter I

General provisions

Article 1

Scope

1.   This Regulation shall apply to the international carriage of goods by road for hire or reward for journeys carried out within the territory of the Community.

2.   In the event of carriage from a Member State to a third country and vice versa, this Regulation shall apply to the part of the journey on the territory of any Member State crossed in transit. It shall not apply to that part of any journey carried out within the territory of the Member State of loading or unloading, as long as the necessary agreement between the Community and the third country concerned has not been concluded.

3.   Pending the conclusion of the agreements referred to in paragraph 2 between the Community and the third countries concerned, this Regulation shall not affect:

| (a) | provisions relating to the carriage from a Member State to a third country and vice versa included in bilateral agreements concluded by Member States with those third countries; |
| --- | --- |

(a)

provisions relating to the carriage from a Member State to a third country and vice versa included in bilateral agreements concluded by Member States with those third countries;

| (b) | provisions relating to the carriage from a Member State to a third country and vice versa included in bilateral agreements concluded between Member States which, either under bilateral authorisations or under liberalisation arrangements, allow loading and unloading in a Member State by hauliers not established in that Member State. |
| --- | --- |

(b)

provisions relating to the carriage from a Member State to a third country and vice versa included in bilateral agreements concluded between Member States which, either under bilateral authorisations or under liberalisation arrangements, allow loading and unloading in a Member State by hauliers not established in that Member State.

However, Member States shall adapt the agreements referred to in point (a) of the first subparagraph to ensure compliance with the principle of non-discrimination between Community hauliers.

4.   This Regulation shall apply to
  cabotage operations.

5.   This Regulation shall not apply to the following types of carriage and unladen journeys made in conjunction with such carriage
  , since they are exempt from the Community licensing scheme
  :

| (a) | carriage of mail as a
  universal
  service; |
| --- | --- |

(a)

carriage of mail as a
  universal
  service;

| (b) | carriage of vehicles which have suffered damage or breakdown; |
| --- | --- |

(b)

carriage of vehicles which have suffered damage or breakdown;

| (c) | carriage of goods in motor vehicles the permissible laden weight of which, including that of trailers, does not exceed 3,5 tonnes; |
| --- | --- |

(c)

carriage of goods in motor vehicles the permissible laden weight of which, including that of trailers, does not exceed 3,5 tonnes;

| (d) | carriage of goods in motor vehicles provided the following conditions are fulfilled:






  (i) | the goods carried must be the property of the undertaking or must have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the undertaking; |
| --- | --- | --- |

(d)

carriage of goods in motor vehicles provided the following conditions are fulfilled:

(i)

the goods carried must be the property of the undertaking or must have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the undertaking;

| (ii) | the purpose of the journey must be to carry the goods to or from the undertaking or to move them, either inside the undertaking or outside for its own requirements; |
| --- | --- |

(ii)

the purpose of the journey must be to carry the goods to or from the undertaking or to move them, either inside the undertaking or outside for its own requirements;

| (iii) | motor vehicles used for such carriage must be driven by employees of the undertaking; |
| --- | --- |

(iii)

motor vehicles used for such carriage must be driven by employees of the undertaking;

| (iv) | the vehicles carrying the goods must be owned by the undertaking or have been bought by it on deferred terms or hired provided that in the latter case they meet the conditions of Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road
   (11). |
| --- | --- |

(iv)

the vehicles carrying the goods must be owned by the undertaking or have been bought by it on deferred terms or hired provided that in the latter case they meet the conditions of Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road
   (11).

| (v) | such carriage must be no more than ancillary to the overall activities of the undertaking. |
| --- | --- |

(v)

such carriage must be no more than ancillary to the overall activities of the undertaking.

| (e) | carriage of medicinal products, appliances, equipment and other articles required for medical care in emergency relief, in particular for natural disasters. |
| --- | --- |

(e)

carriage of medicinal products, appliances, equipment and other articles required for medical care in emergency relief, in particular for natural disasters.

Point (d)(iv) of the first subparagraph shall not apply to the use of a replacement vehicle during a short breakdown of the vehicle normally used.

6.   The provisions in paragraph 5 shall not affect the conditions under which any Member State authorises its own nationals to engage in the activities mentioned in that paragraph.

Article 2

Definitions

For the purposes of this Regulation:

| 1) | ‘vehicle’ means a motor vehicle registered in a Member State or a coupled combination of vehicles the motor vehicle of which at least is registered in a Member State and which are used exclusively for the carriage of goods; |
| --- | --- |

1)

‘vehicle’ means a motor vehicle registered in a Member State or a coupled combination of vehicles the motor vehicle of which at least is registered in a Member State and which are used exclusively for the carriage of goods;

| 2) | ‘international carriage’ means:






  (a) | a laden journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States, with or without transit through one or more Member States or third countries; |
| --- | --- | --- |

2)

‘international carriage’ means:

(a)

a laden journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States, with or without transit through one or more Member States or third countries;

| (b) | a laden journey undertaken by a vehicle from a Member State to a third country or vice versa, with or without transit through one or more Member States or third countries; |
| --- | --- |

(b)

a laden journey undertaken by a vehicle from a Member State to a third country or vice versa, with or without transit through one or more Member States or third countries;

| (c) | a laden journey undertaken by a vehicle between third countries, with transit through the territory of one or more Member States; |
| --- | --- |

(c)

a laden journey undertaken by a vehicle between third countries, with transit through the territory of one or more Member States;

| (d) | an unladen journey in conjunction with the carriage referred to in (a), (b) and (c); |
| --- | --- |

(d)

an unladen journey in conjunction with the carriage referred to in (a), (b) and (c);

| 3) | ‘host Member State’ means a Member State in which a haulier operates other than the Member State where the haulier is established; |
| --- | --- |

3)

‘host Member State’ means a Member State in which a haulier operates other than the Member State where the haulier is established;

| 4) | ‘non-resident haulier’ means a road haulage undertaking which operates in a host Member State; |
| --- | --- |

4)

‘non-resident haulier’ means a road haulage undertaking which operates in a host Member State;

| 5) | ‘driver’ means any person who drives the vehicle even for a short period, or who is carried in a vehicle as part of his duties to be available for driving if necessary; |
| --- | --- |

5)

‘driver’ means any person who drives the vehicle even for a short period, or who is carried in a vehicle as part of his duties to be available for driving if necessary;

| 6) | ‘cabotage operations’ means national carriage for hire or reward carried out on a temporary basis in a host Member State
  , i.e. in accordance with the provisions of Chapter III
  ; |
| --- | --- |

6)

‘cabotage operations’ means national carriage for hire or reward carried out on a temporary basis in a host Member State
  , i.e. in accordance with the provisions of Chapter III
  ;

| 7) | ‘serious infringement

  of Community road transport legislation’ means infringements which lead to the loss of good repute in accordance with Article 6(1) and (2) of Regulation (EC) No .../2008 [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator]; |
| --- | --- |

7)

Image

| 8) | ‘cross-trade’ means international transport operations carried out by a haulier between two host Member States neither of which is the Member State where the haulier is established
  . |
| --- | --- |

8)

‘cross-trade’ means international transport operations carried out by a haulier between two host Member States neither of which is the Member State where the haulier is established
  .

Chapter II

International carriage

Article 3

Principle

International carriage shall be carried out subject to a Community licence and, if the driver is a national of a third country, in conjunction with a driver attestation.

Article 4

Community licence

1.   The Community licence shall be issued by a Member State, in accordance with this Regulation, to any haulier carrying goods by road for hire or reward who:

| (a) | is established in a Member State in accordance with Community legislation and the national legislation of that Member State; |
| --- | --- |

(a)

is established in a Member State in accordance with Community legislation and the national legislation of that Member State;

| (b) | is entitled in the Member State of establishment, in accordance with Community legislation and the national legislation of that Member State concerning admission to the occupation of road haulage operator to carry out the international carriage of goods by road. |
| --- | --- |

(b)

is entitled in the Member State of establishment, in accordance with Community legislation and the national legislation of that Member State concerning admission to the occupation of road haulage operator to carry out the international carriage of goods by road.

2.   The Community licence shall be issued by the competent authorities of the Member State of establishment for a renewable period of five years. Community licences and certified copies issued before the date of application of this Regulation shall remain valid until the date of their expiry.

3.   The Member State of establishment shall issue the holder with the original of the Community licence, which shall be kept by the haulage undertaking, and the number of certified true copies corresponding to the number of vehicles at the disposal of the holder of the Community licence, whether wholly owned or, whether for example they are under hire purchase, hire or leasing contracts.

4.   The Community licence and the certified true copies shall correspond to the model set out in Annex I, which also lays down the conditions governing its use.

The Commission shall adapt Annex I to technical progress. Since these measures are designed to amend non-essential elements of this Regulation, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(2).

5.   The Community licence and the certified true copies shall bear an engraved stamp or seal of the issuing authority as well as an original signature and a serial number. The serial numbers of the Community licence and the certified true copies shall be recorded in the national electronic register of road transport undertakings provided for in Article 15 of Regulation (EC) No .../2008 [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator] as part of the data set of the haulier.

6.   The Community licence shall be made out in the hauliers vehicles and must be produced whenever required by an authorised inspecting officer.

In the case of a coupled combination of vehicles the certified true copy shall accompany the motor vehicle. It shall cover the coupled combination of vehicles even if the trailer or semi-trailer is not registered or authorised to use the roads in the name of the licence holder or if it is registered or authorised to use the roads in another Member State.

Article 5

Driver attestation

1.   A driver attestation shall be issued by a Member State, in accordance with this Article, to any haulier who:

| (a) | is the holder of a Community licence; |
| --- | --- |

(a)

is the holder of a Community licence;

| (b) | in that Member State lawfully employs drivers who are nationals of third countries or lawfully uses drivers who are nationals of third countries put at his disposal in accordance with the conditions of employment and of vocational training laid down in that same Member State:






  (i) | by laws, regulations or administrative provisions, and, as appropriate; |
| --- | --- | --- |

(b)

in that Member State lawfully employs drivers who are nationals of third countries or lawfully uses drivers who are nationals of third countries put at his disposal in accordance with the conditions of employment and of vocational training laid down in that same Member State:

(i)

by laws, regulations or administrative provisions, and, as appropriate;

| (ii) | by collective agreements, in accordance with the rules applicable in that Member State. |
| --- | --- |

(ii)

by collective agreements, in accordance with the rules applicable in that Member State.

2.   The driver attestation shall be issued by the competent authorities of the Member State of establishment of the haulier at the request of the holder of the Community licence for each driver who is a national of a third country whom he lawfully employs or who is lawfully put at his disposal. Each driver attestation shall certify that the driver named therein is employed in accordance with the conditions laid down in paragraph 1.

3.   The driver attestation shall conform to the model set out in Annex II.

4.   The Commission shall adapt Annex II to technical progress. Since these measures are designed to amend non-essential elements of this Regulation, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(2).

5.   The driver attestation shall bear an engraved stamp or seal of the issuing authority as well as an original signature and a serial number. The serial number of the driver attestation shall be recorded in the national electronic register of road transport undertakings provided for in Article 15 of Regulation (EC) No .../2008 [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator] as part of the data set of the haulier who puts it at the disposal of the driver designated therein.

6.   The driver attestation shall belong to the haulier, who puts it at the disposal of the driver designated therein when that driver drives a vehicle using a Community licence issued to that haulier. A certified true copy of the driver attestation issued by the competent authorities of the Member State of establishment of the haulier shall be kept at the haulier's premises. The driver attestation shall be produced whenever required by an authorised inspecting officer.

7.   A driver attestation shall be issued for a period to be determined by the issuing Member State, subject to a maximum validity of five years. Driver attestations issued before the date of application of this Regulation shall remain valid until the date of their expiry.

The driver attestation shall be valid only as long as the conditions under which it was issued are satisfied. Member States shall take appropriate measures to ensure that if those conditions are no longer met the haulier returns the attestation immediately to the issuing authorities.

Article 6

Verification of conditions

1.   Whenever an application for a Community licence is lodged, not more than five years after issue and subsequently at least every five years, the competent authorities of the Member State of establishment shall verify whether the haulier satisfies or still satisfies the conditions laid down in Article 4(1).

2.   The competent authorities of the Member State of establishment shall regularly verify, by carrying out checks each year, covering at least 20 % of the valid attestations issued in that Member State, whether the conditions referred to in Article 5(1) under which a driver attestation has been issued are still satisfied.

Article 7

Refusal to issue and withdrawal of Community licence and driver attestation

1.   If the conditions laid down in Article 4(1) or those referred to in Article 5(1) are not satisfied, the competent authorities of the Member State of establishment shall reject an application for the issue or renewal of a Community licence or of a driver attestation, by means of a decision which states the reasons therefor.

2.   The competent authorities shall withdraw a Community licence or a driver attestation where the holder:

| (a) | no longer satisfies the conditions laid down in Article 4(1) or those referred to in Article 5(1), or |
| --- | --- |

(a)

no longer satisfies the conditions laid down in Article 4(1) or those referred to in Article 5(1), or

| (b) | has supplied incorrect information in relation to an application for a Community licence or for a driver attestation. |
| --- | --- |

(b)

has supplied incorrect information in relation to an application for a Community licence or for a driver attestation.

Article 8

Cross-trade and posting of workers

Where cross-trade between two Member States is carried out by a haulier on a regular, continuous and/or systematic basis, one of the host Member States may call for the application of the working and employment conditions referred to in Article 10
  .

Chapter III

Cabotage

Article 9

Principle

1.   Any haulier for hire or reward who is a holder of a Community licence and whose driver, if he is a national of a third country, holds a driver attestation, shall be entitled, under the conditions laid down in this Chapter, to carry out cabotage operations.

2.   Hauliers referred to in paragraph 1 shall be permitted to carry out, with the same vehicle, up to three cabotage operations consecutive to an international carriage from another Member State or from a third country to the host Member State once the goods carried in the course of the incoming international carriage have been delivered.
  Authorisation to carry out these cabotage operations shall not be conditional on the vehicle being completely unloaded.
  The last unloading of a load in the course of
  cabotage operations
  before leaving the host Member State must take place within seven days from the last unloading in the host Member State in the course of the incoming international carriage.

3.
     
  Cabotage operations may also be carried out in a Member State through which the vehicle has to travel after unloading in the Member State of delivery during an international carriage, provided that the shortest homeward journey transits through that Member State and is carried out within seven days of the unloading in the country of delivery.

4.
     
  The restrictions on the number and duration of cabotage operations shall gradually be lifted. Two years after this Regulation enters into force, the number of cabotage operations referred to in paragraph 2 shall be increased to seven. On 1 January 2014, all restrictions on the number and duration of cabotage operations shall be lifted
  .

5.   National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed in conformity with this Regulation if the haulier can produce clear evidence of the international carriage in the course of which he has arrived in the host Member State and of each consecutive cabotage operation carried out there.

Such evidence shall comprise Image the following details for each operation:

| (a) | the name, address and signature of the sender; |
| --- | --- |

(a)

the name, address and signature of the sender;

| (b) | the name, address and signature of the haulier; |
| --- | --- |

(b)

the name, address and signature of the haulier;

| (c) | the name and address of the consignee as well as his signature and the date of delivery once the goods have been delivered; |
| --- | --- |

(c)

the name and address of the consignee as well as his signature and the date of delivery once the goods have been delivered;

| (d) | the place and the date of taking over of the goods and the place designated for delivery; |
| --- | --- |

(d)

the place and the date of taking over of the goods and the place designated for delivery;

| (e) | the description in common use of the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognised description as well as the number of packages and their special marks and numbers; |
| --- | --- |

(e)

the description in common use of the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognised description as well as the number of packages and their special marks and numbers;

| (f) | the gross weight of the goods or their quantity otherwise expressed; |
| --- | --- |

(f)

the gross weight of the goods or their quantity otherwise expressed;

| (g) | the number plates of the motor vehicle and trailer. |
| --- | --- |

(g)

the number plates of the motor vehicle and trailer.

The consignment letter or any other transport document may be used for this purpose.

6.
     
  The Member States shall not require an additional specific document or duplicate documents proving that the terms and conditions laid down in paragraph 5 have been met. By 1 January 2010, the Commission shall draw up in accordance with the regulatory procedure with scrutiny referred to in Article 16(2) a single harmonised model for a waybill valid throughout the European Union for international haulage, national haulage and cabotage haulage. The Member States and the Commission shall ensure that the provisions laid down in other conventions concluded with third countries are brought into line with the provisions laid down in this Regulation.

7.   Any haulier entitled in the Member State of establishment, in accordance with that Member State's legislation, to carry out the road haulage operations for hire or reward specified in Article 1(5), points (a), (b) and (c) shall be permitted, under the conditions set out in this Chapter, to carry out, as the case may be, cabotage operations of the same kind or cabotage operations with vehicles in the same category.

8.   Permission to carry out cabotage operations, within the framework of the types of carriage referred to in Article 1(5)(e), shall be unrestricted.

9.   Any undertaking entitled in the Member State of establishment, in accordance with that Member State's legislation, to carry out road haulage operations for own account as defined in Article 1(5)(d) shall be permitted to carry out cabotage operations on own account.

10.
     
  The provisions of this Regulation shall not prevent a Member State from authorising goods hauliers from one or more other Member States to carry out on its territory an unlimited number of cabotage operations, or a number in excess of that referred to in paragraph 2, with no time-limit or with a longer time-limit than that referred to in paragraph 2 for the last unloading. Authorisations granted before the entry into force of this Regulation shall continue to apply. Member States shall inform the Commission of existing authorisations and of authorisations they grant after the entry into force of this Regulation.

11.
     
  The incoming or outgoing carriage of goods by road as one leg of a combined transport journey under the conditions laid down in Directive 92/106/EEC does not fall under the definition of cabotage.

Article 10

Rules applicable to cabotage operations

1.   The performance of cabotage operations shall be subject, save as otherwise provided in Community legislation, to the laws, regulations and administrative provisions in force in the host Member State in the following areas:

| (a) | conditions governing the transport contract; |
| --- | --- |

(a)

conditions governing the transport contract;

| (b) | weights and dimensions of road vehicles; |
| --- | --- |

(b)

weights and dimensions of road vehicles;

| (c) | requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs, live animals; |
| --- | --- |

(c)

requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs, live animals;

| (d) | driving time and rest time periods; |
| --- | --- |

(d)

Image

| (e) | value added tax (VAT) on transport services; |
| --- | --- |

(e)

value added tax (VAT) on transport services;

| (f) | posting of workers as set out under Directive 96/71/EC
  . |
| --- | --- |

(f)

posting of workers as set out under Directive 96/71/EC
  .

The weights and dimensions referred to in point (b) of the first subparagraph may, where appropriate, exceed those applicable in the haulier's Member State of establishment, but they may under no circumstances exceed the limits set by the host Member State for national traffic or the technical characteristics mentioned in the proofs referred to in Article 6(1) of Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic
   (12).

2.   The laws, regulations and administrative provisions referred to in paragraph 1 shall be applied to non-resident hauliers under the same conditions as are imposed on that Member State's own nationals, so as to prevent any discrimination on grounds of nationality or place of establishment.

Chapter IV

Mutual assistance, safeguard measures and penalties

Article 11

Mutual assistance

The Member States shall assist one another in ensuring the application and monitoring of this Regulation. They shall exchange information via the national contact points established pursuant to Article 17 of Regulation (EC) No .../2008 [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator].

Article 12

Safeguard measures

1.
     
  After the lifting of the restrictions referred to in Article 9, paragraph 3, in the event of serious disturbance of the national transport market in a given geographical area due to or aggravated by cabotage, any Member State may refer the matter to the Commission with a view to the adoption of safeguard measures and shall inform and notify it of the measures it intends to take as regards resident hauliers
  .

2.
     
  For the purposes of paragraph 1:

| — | ‘serious disturbance of the national transport market in a given geographical area’ means the existence on the market of problems specific to it, such that there is a serious and potentially enduring excess of supply over demand implying a threat to the financial stability and survival of a significant number of hauliers, |
| --- | --- |

—

‘serious disturbance of the national transport market in a given geographical area’ means the existence on the market of problems specific to it, such that there is a serious and potentially enduring excess of supply over demand implying a threat to the financial stability and survival of a significant number of hauliers,

| — | ‘geographical area’ means an area covering all or part of the territory of a Member State or extending to all or part of the territory of other Member States. |
| --- | --- |

—

‘geographical area’ means an area covering all or part of the territory of a Member State or extending to all or part of the territory of other Member States.

3.
     
  The Commission shall examine the situation, on the basis in particular of the latest quarterly data referred to in Article 5 of Council Regulation (EEC) No 3916/90 of 21 December 1990 on measures to be taken in the event of a crisis in the market in the carriage of goods by road

   (13)

  and, after consulting the Advisory Committee set up by Article 5 of that Regulation, shall decide within one month of receipt of the relevant Member State's request whether or not safeguard measures are necessary and shall adopt them if they are necessary. Such measures may involve the temporary exclusion of the area concerned from the scope of this Regulation. The measures introduced in accordance with this Article shall remain in force for a period not exceeding six months, renewable once within the same limits of validity. The Commission shall without delay notify the Member States and the Council of any decision taken pursuant to this paragraph.

4.
     
  If the Commission decides to take safeguard measures concerning one or more Member States, the competent authorities of the Member States involved shall be required to take measures of equivalent scope in respect of resident hauliers and shall inform the Commission thereof. These measures shall be applied at the latest as from the same date as the safeguard measures decided on by the Commission.

5.
     
  Any Member State may submit a Commission decision as referred to in paragraph 3 to the Council within 30 days of its notification. The Council, acting by a qualified majority within 30 days of referral by a Member State or, if there are referrals by several Member States, of the first referral, may take a different decision.

The time-limits laid down in paragraph 3 shall apply to the Council's decision. The competent authorities of the Member States concerned shall be required to take measures of equivalent scope in respect of resident hauliers and shall inform the Commission thereof. If the Council takes no decision within the period referred to in the first subparagraph, the Commission decision shall become final.

6.
     
  Where the Commission considers that the measures referred to in paragraph 3 need to be prolonged, it shall submit a proposal to the Council, which shall take a decision by qualified majority.

Article 13

Sanctioning of infringements by Member State of establishment

1.   In the event of a serious infringement Image of Community road transport legislation committed or ascertained in any Member State, the competent authorities of the Member State of establishment of the haulier who has committed such infringements shall issue a warning and may, inter alia, impose the following administrative penalties:

| (a) | temporary or permanent withdrawal of some or all of the certified true copies of the Community licence; |
| --- | --- |

(a)

temporary or permanent withdrawal of some or all of the certified true copies of the Community licence;

| (b) | temporary or permanent withdrawal of the Community licence; |
| --- | --- |

(b)

temporary or permanent withdrawal of the Community licence;

| (c) | fines. |
| --- | --- |

(c)

fines.

These penalties shall be determined
  , once a final decision has been issued and after all the legal possibilities for review open to the haulier have been exhausted,
  having regard to the seriousness of the infringement Image committed by the holder of the Community licence and having regard to the total number of certified true copies of that licence that he holds in respect of international traffic.

2.   In the event of a serious infringement Image regarding any misuse whatsoever of driver attestations, the competent authorities of the Member State of establishment of the haulier who committed such infringements shall impose appropriate penalties, such as:

| (a) | suspension of the issue of driver attestations; |
| --- | --- |

(a)

suspension of the issue of driver attestations;

| (b) | withdrawal of driver attestations; |
| --- | --- |

(b)

withdrawal of driver attestations;

| (c) | making the issue of driver attestations subject to additional conditions in order to prevent misuse; |
| --- | --- |

(c)

making the issue of driver attestations subject to additional conditions in order to prevent misuse;

| (d) | temporary or permanent withdrawal of some or all of the certified true copies of the Community licence; |
| --- | --- |

(d)

temporary or permanent withdrawal of some or all of the certified true copies of the Community licence;

| (e) | temporary or permanent withdrawal of the Community licence; |
| --- | --- |

(e)

temporary or permanent withdrawal of the Community licence;

| (f) | fines. |
| --- | --- |

(f)

fines.

These penalties shall be determined having regard to the seriousness of the infringement committed by the holder of the Community licence.

3.   
  Where a serious infringement is ascertained in
  the case referred to in Article 14(1), the competent authorities of the Member State of establishment shall decide
  what

  penalty

  to impose
  on the haulier concerned
  , ranging from a warning to the temporary or permanent withdrawal of the Community licence
  . They shall communicate to the competent authorities of the Member State in which the infringements were ascertained as soon as possible, and at the latest within three months of receiving knowledge of the infringement, which of the penalties provided for in paragraphs 1 and 2 of this Article have been imposed.

If it has not been possible to impose such penalties, they shall state the reasons.

4.
     
  The decision on the temporary withdrawal of any document (Community licence, driver attestation, certified copy) shall stipulate:

| (a) | the period of temporary withdrawal; |
| --- | --- |

(a)

the period of temporary withdrawal;

| (b) | the conditions for ending the temporary withdrawal; |
| --- | --- |

(b)

the conditions for ending the temporary withdrawal;

| (c) | the cases in which the Community licence is to be permanently withdrawn because the conditions laid down pursuant to point (b) have not been satisfied during the period laid down pursuant to point (a). |
| --- | --- |

(c)

the cases in which the Community licence is to be permanently withdrawn because the conditions laid down pursuant to point (b) have not been satisfied during the period laid down pursuant to point (a).

5.   The competent authorities shall take into account any penalty imposed in the Member State in which the infringements were ascertained and ensure that the penalties imposed on the haulier concerned are, as a whole, proportionate to the infringement or infringements which gave rise to such penalties.

6.   The competent authorities of the Member State of establishment of the haulier may also, pursuant to its national law, bring proceedings against the haulier concerned before a competent national court or tribunal. They shall inform the competent authority of the host Member State of the decisions taken to this effect.

7.   Member States shall ensure that hauliers have the right to appeal against any administrative penalty imposed on them pursuant to this Article.

Article 14

Sanctioning of infringements by host Member State

1.   Where the competent authorities of a Member State are aware of a serious infringement Image of this Regulation or of Community road transport legislation attributable to a non-resident haulier, the Member State within the territory of which the infringement is ascertained shall transmit to the competent authorities of the Member State of establishment as soon as possible, but at the latest within one month
  from the date on which the final decision is issued after all the legal possibilities for review open to the haulier on whom penalties are imposed have been exhausted
  , the following information:

| (a) | a description of the infringement and date, time when it was committed; |
| --- | --- |

(a)

a description of the infringement and date, time when it was committed;

| (b) | the category, type and seriousness of the infringement; |
| --- | --- |

(b)

the category, type and seriousness of the infringement;

| (c) | the penalties imposed and the penalties executed. |
| --- | --- |

(c)

the penalties imposed and the penalties executed.

The competent authorities of the host Member State may request the competent authorities of the Member State of establishment to impose administrative penalties in accordance with Article 13.

2.   Without prejudice to any criminal prosecution, the competent authorities of the host Member State shall be empowered to impose penalties on a non-resident haulier who has committed infringements of this Regulation or of national or Community road transport legislation in their territory during a cabotage operation. They shall impose such penalties on a non-discriminatory basis. These penalties may, inter alia, consist of a warning, or, in the event of a serious infringement, Image a temporary ban on cabotage operations within the territory of the host Member State where the infringement was committed.

3.   Member States shall ensure that hauliers have the right to appeal against any administrative penalty imposed on them pursuant to this Article.

Article 15

Entry in the national register

Member States shall ensure that serious infringements Image of Community road transport legislation committed by hauliers established in their territory which have led to the imposition of a penalty by any Member State as well as the penalties imposed are recorded
  , once the final decision has been issued after all the legal possibilities for review open to the haulier have been exhausted,
  in the national register of road transport undertakings as established under Article 15 of Regulation (EC) No .../2008 [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator]. Those entries in the register which concern a temporary or permanent withdrawal of a Community licence shall remain in the database for at least two years.

Chapter V

Implementation

Article 16

Committee

1.   The Commission shall be assisted by the committee established by Article 18(1) of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport
   (14).

2.   Where reference is made to this paragraph, Article 5a(1) to (4) and (5)(b), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The time-limits laid down in Article 5a(3)(c), (4)(b) and Image (e) of Decision 1999/468/EC shall be one month.

Article 17

Penalties

The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation, and shall take all the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by ... (15) at the latest and shall notify it without delay of any subsequent amendment affecting them.

The Member States shall ensure that all such measures are applied without discrimination as to the nationality or place of establishment of the haulier.

Article 18

Reporting

1.   By 31 January each year Member States shall inform the Commission of the number of hauliers possessing Community licences on 31 December of the previous year and of the number of certified true copies corresponding to the vehicles in circulation at that date.

2.   Member States shall also inform the Commission of the number of driver attestations issued in the previous calendar year as well as the number of driver attestation in circulation on 31 December of that year.

Chapter VI

Final provisions

Article 19

Repeals

Regulations (EEC) No 881/92 and (EEC) No 3118/93 and Directive 2006/94/EC are repealed.

References to the repealed Regulations and Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.

Article 20

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from
  1 January 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  Opinion of 12 March 2008 (not yet published in OJ).

1

Opinion of 12 March 2008 (not yet published in OJ).

(2)  OJ C ...

2

(3)  Position of the European Parliament of 21 May 2008.

3

Position of the European Parliament of 21 May 2008.

(4)  OJ L 95, 9.4.1992, p. 1. Image.

4

(5)  OJ L 279, 12.11.1993, p. 1. Image.

5

(6)  OJ L 374, 27.12.2006, p. 5.

6

(7)  

  OJ L 368, 17.12.1992, p. 38.

7

OJ L 368, 17.12.1992, p. 38.

(8)  OJ L 18, 21.1.1997, p. 1.

8

(9)  OJ L ...

9

L

(10)  OJ L 184, 17.7.1999, p. 23. Image.

10

(11)  OJ L 33, 4.2.2006, p. 82.

11

(12)  OJ L 235, 17.9.1996, p. 59.

12

(13)  

  OJ L 375, 31.12.1990, p. 10.

13

OJ L 375, 31.12.1990, p. 10.

(14)  OJ L 370, 31.12.1985, p. 8.

14

(15)  12 months from the date on which this Regulation enters into force.

15

12 months from the date on which this Regulation enters into force.

ANNEX I

EUROPEAN COMMUNITY

(a)

(Light blue, format DIN A4 synthetic paper, 150g/m2 or more)

(First page of the licence)

(Text in (one of) the official language(s) of the Member State issuing the licence)

State issuing the licence

Distinguishing sign (1)

Name of the competent authority or body

LICENCE No

CERTIFIED TRUE COPY No

for the international carriage of goods by road for hire or reward

This licence entitles (2)

to engage in the international carriage of goods by road for hire or reward by any route, for journeys or parts of journeys effected for hire or reward within the territory of the Community, as laid down in Regulation (EC) No .../2008 of the European Parliament and of the Council of ... [on common rules for access to the international road haulage market] (3) and subject to the general conditions of this licence.

Particular remarks:

This licence shall be valid from to

Issued in , on ...

(4)

(1) The distinguishing signs of the Member States are: (B) Belgium, (BG) Bulgaria, (CZ) Czech Republic, (DK) Denmark, (D) Germany, (EST) Estonia, (IRL) Ireland, (GR) Greece, (E) Spain, (F) France, (I) Italy, (CY) Cyprus, (LV) Latvia, (LT) Lithuania, (L) Luxembourg, (H) Hungary, (MT) Malta, (NL) Netherlands, (A) Austria, (PL) Poland, (P) Portugal, (RO) Romania, (SLO) Slovenia, (SK) Slovakia, (FIN) Finland, (S) Sweden, (UK) United Kingdom.

(2) Name or business name and full address of the haulier.

(3) OJ L ...

(4) Signature and stamp of the issuing competent authority or body.

(b)

(SECOND PAGE OF THE LICENCE)

(Text in (one of) the official language(s) of the Member State issuing the licence)

GENERAL PROVISIONS

This licence is issued under Regulation (EC) No .../2008 [on common rules for access to the international road haulage market].

It entitles the holder to engage in the international carriage of goods by road for hire or reward by any route for journeys or parts of journeys effected within the territory of the Community and, where appropriate, subject to the conditions laid down herein:

— where the point of departure and the point of arrival are situated in two different Member States, with or without transit through one or more Member States or third countries,

— from a Member State to a third country or vice versa, with or without transit through one or more Member States or third countries,

— between third countries with transit through the territory of one or more Member States,

and unladen journeys in connection with such carriage.

In the case of carriage from a Member State to a third country or vice versa, this licence is valid for that part of the journey effected on the territory of the Community. It shall be valid in the Member State of loading or unloading only after the conclusion of the necessary agreement between the Community and the third country in question in accordance with Regulation (EC) No .../2008 [on common rules for access to the international road haulage market].

The licence is personal to the holder and is not transferable.

It may be withdrawn by the competent authority of the Member State which issued it, notably where the holder has:

— not complied with all the conditions for using the licence,

— supplied incorrect information with regard to the data needed for the issue or extension of the licence;

The original of the licence must be kept by the haulage undertaking.

A certified copy of the licence must be kept in the vehicle (1). In the case of a coupled combination of vehicles it must accompany the motor vehicle. It covers the coupled combination of vehicles even if the trailer or semi-trailer is not registered or authorised to use the roads in the name of the licence holder or if it is registered or authorised to use the roads in another Member State.

The licence must be produced whenever required by an authorised inspecting officer.

Within the territory of each Member State the holder must comply with the laws, regulations and administrative provisions in force in that State, in particular with regard to transport and traffic.

(1) ‘Vehicle’ means a motor vehicle registered in a Member State or a coupled combination of vehicles, the motor vehicle of which at least is registered in a Member State, used exclusively for the carriage of goods.

ANNEX II

EUROPEAN COMMUNITY

(a)

(Colour pink — format DIN A4; synthetic paper, 150g/m2 or more)

(First page of the attestation)

(Text in (one of) the official language(s) of the Member State issuing the attestation)

Distinguishing sign of the Member State (1)

issuing the attestation

Name of the competent authority or body

DRIVER ATTESTATION No ...

for the carriage of goods by road for hire or reward under a Community licence

(Regulation (EC) No .../2008 of the European Parliament and of the Council of ... [on common rules for access to the international road haulage market] (2))

This attestation certifies that on the basis of the documents presented by:

(3)

The following driver:

Name and forename

Date and place of birth Nationality

Type and reference number of identity paper

Date of issue Place of issue

Driving licence number

Date of issue Place of issue

Social security number

Is employed, in accordance with the laws, regulations or administrative provisions and, as appropriate, the collective agreements, in accordance with the rules applicable in the following Member State, on the conditions of employment and of vocational training of drivers applicable in that Member State to carry out road transport operations in that State:

(4)

Particular remarks

This attestation shall be valid from to

Issued in , on

(5)

(1) The distinguishing signs of the Member States are: (B) Belgium, (BG) Bulgaria, (CZ) Czech Republic, (DK) Denmark, (D) Germany, (EST) Estonia, (IRL) Ireland, (GR) Greece, (E) Spain, (F) France, (I) Italy, CY) Cyprus, (LV) Latvia, (LT) Lithuania, (L) Luxembourg, (H) Hungary, (MT) Malta, (NL) Netherlands, (A) Austria, (PL) Poland, (P) Portugal, (RO) Romania, (SLO) Slovenia, (SK) Slovakia, (FIN) Finland, (S) Sweden, (UK) United Kingdom.

(2) OJ L ...

(3) Name or business name and full address of the haulier

(4) Name of the haulier's Member State of establishment

(5) Signature and stamp of the issuing competent authority or body

(Second page of the attestation)

(Text in (one of) the official language(s) of the Member State issuing the attestation)

GENERAL PROVISIONS

This attestation is issued under Regulation (EC) No .../2008 [on common rules for the access to the international road haulage market].

It certifies that the driver named therein is employed, in accordance with the laws, regulations or administrative provisions and, as appropriate, the collective agreements, in accordance with the rules applicable in the Member State mentioned on the attestation, on the conditions of employment and of vocational training of drivers applicable in that same Member State to carry out road operations in that State.

The driver attestation shall belong to the haulier, who puts it at the disposal of the driver designated therein when that driver drives a vehicle (1) engaged in carriage using a Community licence issued to that haulier. The driver attestation is not transferable. The driver attestation shall be valid only as long as the condition under which it was issued are still satisfied and must be returned immediately by the haulier to the issuing authorities if these conditions are no longer met.

It may be withdrawn by the competent authority of the Member State which issued it, in particular where the holder has:

— not complied with all the conditions for using the attestation;

— supplied incorrect information with regard to the data needed for the issue or extension of attestation;

A certified true copy of the attestation must be kept by the haulage undertaking;

A original attestation must be kept in the vehicle and must be produced by the driver whenever required by an authorised inspecting officer.

(1) ‘Vehicle’ means a motor vehicle registered in a Member State of a coupled combination of vehicles, the motor vehicle of which at least is registered in a Member State, used exclusively for the carriage of goods.

ANNEX III

CORRELATION TABLE

| Regulation (EEC) No 881/92 | Regulation (EEC) No 3118/93 | Directive 2006/94/EC | This Regulation |
| --- | --- | --- | --- |
| Article 1(1) | | | Article 1(1) |
| Article 1(2) | | | Article 1(2) |
| Article 1(3) | | | Article 1(3) |
| | | | Article 1(4) new |
| | | Article 1(1) and (2), Annex I; Article 2 | Article 1(5) |
| | | Article 2 | Article 1(6) |
| Article 2 | | | Article 2 amended |
| Article 3(1) | | | Article 3 |
| Article 3(2) | | | Article 4(1) amended |
| Article 3(3) | | | Article 5(1) amended |
| Article 4 | | | - |
| Article 5(1) | | | Article 4(2) amended |
| Article 5(2) | | | Article 4(3) amended |
| Article 5(3) | | | Article 4(4) amended |
| | | | Article 4(5) new |
| Article 5(4), Annex I, second page, seventh paragraph, second and third sentences | | | Article 4(6) amended |
| Article 5(5) | | | Article 4(2) |
| Article 6(1) | | | Article 5(2) amended |
| Article 6(2) | | | Article 5(2) amended |
| Article 6(3) | | | Article 5(3) amended |
| Article 6(4) | | | Article 5(4) |
| Article 6(5) | | | Article 5(5) |
| Article 7 | | | Article 6 |
| Article 8(1) | | | Article 7(1) |
| Article 8(2) | | | Article 7(2) |
| | | | Article 8 new |
| Article 8(3) | | | Article 13(1) amended |
| Article 8(4) | | | Article 13(2) |
| Article 9(1) | | | Article 13(7) amended |
| Article 9(2) | | | Article 13(7) amended |
| | Article 1(1) | | Article 9(1) |
| | | | Article 9(2) |
| | | | Article 9(3) new |
| | | | Article 9(4) new |
| | | | Article 9(5) |
| | | | Article 9(6) new |
| | Article 1(2) | | Article 9(7) |
| | Article 1(3) | | Article 9(8) |
| | Article 1(4) | | Article 9(9) |
| | | | Article 9(10) new |
| | Article 2 | | - |
| | Article 3 | | - |
| | Article 4 | | - |
| | Article 5 | | - |
| | Article 6(1) | | Article 10(1) amended |
| | Article 6(2) | | - |
| | Article 6(3) | | Article 10(2) |
| | Article 6(4) | | - |
| | Article 7 | | - |
| Article 10 | | | Article 18(1) amended |
| Article 11(1) | | | Article 11 amended |
| Article 11(2) | | | Article 14(1) amended |
| Article 11(3) | | | Article 13(3) amended |
| Article 11a | | | - |
| | | | Article 12 new |
| | Article 8(1) | | Article 11 amended |
| | Article 8(2) | | Article 14(2) amended |
| | Article 8(3) | | Article 14(2) amended |
| | Article 8(4) subparagraphs 1 and 3 | | - |
| | | | Article 13(4) new |
| | Article 8(4) subparagraph 2 | | Article 13(5) amended |
| | Article 8(4) subparagraphs 4 and 5 | | Article 13(6) amended |
| | Article 9 | | Article 14(3) amended |
| | | | Article 15 |
| | | | Article 16 |
| | | | Article 17 |
| Article 12 | | | Article 19 |
| Article 13 | | | - |
| Article 14 | Article 10 | | - |
| | Article 11 | | - |
| Article 15 | Article 12 | | Article 20 |
| | | Article 3 | - |
| | | Article 4 | - |
| | | Article 5 | - |
| | | Annex II, III | - |
| Annex I | | | Annex I |
| Annex II | | | Article 1(5) |
| Annex III | | | Annex II |
| | Annex I | | - |
| | Annex II | | - |
| | Annex III | | - |
| | Annex IV | | - |

Regulation (EEC) No 881/92

Regulation (EEC) No 3118/93

Directive 2006/94/EC

This Regulation

Article 1(1)

Article 1(1)

Article 1(2)

Article 1(2)

Article 1(3)

Article 1(3)

Article 1(4) new

Article 1(1) and (2), Annex I; Article 2

Article 1(5)

Article 2

Article 1(6)

Article 2

Article 2 amended

Article 3(1)

Article 3

Article 3(2)

Article 4(1) amended

Article 3(3)

Article 5(1) amended

Article 4

-

Article 5(1)

Article 4(2) amended

Article 5(2)

Article 4(3) amended

Article 5(3)

Article 4(4) amended

Article 4(5) new

Article 5(4), Annex I, second page, seventh paragraph, second and third sentences

Article 4(6) amended

Article 5(5)

Article 4(2)

Article 6(1)

Article 5(2) amended

Article 6(2)

Article 5(2) amended

Article 6(3)

Article 5(3) amended

Article 6(4)

Article 5(4)

Article 6(5)

Article 5(5)

Article 7

Article 6

Article 8(1)

Article 7(1)

Article 8(2)

Article 7(2)

Article 8 new

Article 8(3)

Article 13(1) amended

Article 8(4)

Article 13(2)

Article 9(1)

Article 13(7) amended

Article 9(2)

Article 13(7) amended

Article 1(1)

Article 9(1)

Article 9(2)

Article 9(3) new

Article 9(4) new

Article 9(5)

Article 9(6) new

Article 1(2)

Article 9(7)

Article 1(3)

Article 9(8)

Article 1(4)

Article 9(9)

Article 9(10) new

Article 2

-

Article 3

-

Article 4

-

Article 5

-

Article 6(1)

Article 10(1) amended

Article 6(2)

-

Article 6(3)

Article 10(2)

Article 6(4)

-

Article 7

-

Article 10

Article 18(1) amended

Article 11(1)

Article 11 amended

Article 11(2)

Article 14(1) amended

Article 11(3)

Article 13(3) amended

Article 11a

-

Article 12 new

Article 8(1)

Article 11 amended

Article 8(2)

Article 14(2) amended

Article 8(3)

Article 14(2) amended

Article 8(4) subparagraphs 1 and 3

-

Article 13(4) new

Article 8(4) subparagraph 2

Article 13(5) amended

Article 8(4) subparagraphs 4 and 5

Article 13(6) amended

Article 9

Article 14(3) amended

Article 15

Article 16

Article 17

Article 12

Article 19

Article 13

-

Article 14

Article 10

-

Article 11

-

Article 15

Article 12

Article 20

Article 3

-

Article 4

-

Article 5

-

Annex II, III

-

Annex I

Annex I

Annex II

Article 1(5)

Annex III

Annex II

Annex I

-

Annex II

-

Annex III

-

Annex IV

-

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/215 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/215

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Mobile satellite services (MSS) ***I

P6_TA(2008)0219

European Parliament legislative resolution of 21 May 2008 on the proposal for a decision of the European Parliament and of the Council on the selection and authorisation of systems providing mobile satellite services (MSS) (COM(2007)0480 — C6-0257/2007 — 2007/0174(COD))

(2009/C 279 E/39)

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0480), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0480),

| — | having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0257/2007), |
| --- | --- |

—

having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0257/2007),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Culture and Education (A6-0077/2008), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Culture and Education (A6-0077/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

P6_TC1-COD(2007)0174

Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Decision No .../2008/EC of the European Parliament and of the Council on the selection and authorisation of systems providing mobile satellite services (MSS)

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Decision No 626/2008/EC.)

---

Thursday 22 May 2008

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/216 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/216

---

Draft amending budget No 2/2008

P6_TA(2008)0225

European Parliament resolution of 22 May 2008 on Draft amending budget No 2/2008 of the European Union for the financial year 2008, Section III — Commission (9190/2008 — C6-0192/2008 — 2008/2080(BUD))

(2009/C 279 E/40)

The European Parliament,

| — | having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty, |
| --- | --- |

—

having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

| — | having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and particularly Articles 37 and 38, |
| --- | --- |

—

having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and particularly Articles 37 and 38,

| — | having regard to the general budget of the European Union for the financial year 2008, as finally adopted on 13 December 2007 (2), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2008, as finally adopted on 13 December 2007 (2),

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3),

| — | having regard to Preliminary draft amending budget No 2/2008 of the European Union for the financial year 2008, which the Commission presented on 14 March 2008 (COM(2008)0150), |
| --- | --- |

—

having regard to Preliminary draft amending budget No 2/2008 of the European Union for the financial year 2008, which the Commission presented on 14 March 2008 (COM(2008)0150),

| — | having regard to Draft amending budget No 2/2008, which the Council established on 14 May 2008 (9190/2008 — C6-0192/2008), |
| --- | --- |

—

having regard to Draft amending budget No 2/2008, which the Council established on 14 May 2008 (9190/2008 — C6-0192/2008),

| — | having regard to Rule 69 of and Annex IV to its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 69 of and Annex IV to its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A6-0188/2008), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A6-0188/2008),

| A. | whereas Draft amending budget No 2 to the general budget 2008 covers the following items:






  — | Inclusion in the 2008 budget of unused appropriations for commitments for the European Regional Development Fund (ERDF), European Agricultural Fund for Rural Development (EAFRD) and the European Fisheries Fund (EFF), arising from delays in implementation of the first year of the multi-annual financial framework 2007-2013. This entails an increase in commitment appropriations of EUR 378 million for sub-heading 1b ‘Cohesion for Growth and Employment’, and of EUR 393,6 million for heading 2 ‘Preservation and Management of Natural Resources’, |
| --- | --- | --- |

A.

whereas Draft amending budget No 2 to the general budget 2008 covers the following items:

—

Inclusion in the 2008 budget of unused appropriations for commitments for the European Regional Development Fund (ERDF), European Agricultural Fund for Rural Development (EAFRD) and the European Fisheries Fund (EFF), arising from delays in implementation of the first year of the multi-annual financial framework 2007-2013. This entails an increase in commitment appropriations of EUR 378 million for sub-heading 1b ‘Cohesion for Growth and Employment’, and of EUR 393,6 million for heading 2 ‘Preservation and Management of Natural Resources’,

| — | Modifications to the establishment plan of the European Medicines Agency (EMEA), following the creation of the ‘Paediatric Committee’, |
| --- | --- |

—

Modifications to the establishment plan of the European Medicines Agency (EMEA), following the creation of the ‘Paediatric Committee’,

| — | Modifications to the establishment plan of the European Maritime Safety Agency (EMSA) to take account of the creation of a European Data Centre for the Long Range Identification and Tracking of Ships (LRIT), |
| --- | --- |

—

Modifications to the establishment plan of the European Maritime Safety Agency (EMSA) to take account of the creation of a European Data Centre for the Long Range Identification and Tracking of Ships (LRIT),

| B. | whereas the purpose of Draft amending budget No 2/2008 is to formally enter these budgetary adjustments in the 2008 budget, |
| --- | --- |

B.

whereas the purpose of Draft amending budget No 2/2008 is to formally enter these budgetary adjustments in the 2008 budget,

| 1. | Takes note of Preliminary draft amending budget No 2/2008; |
| --- | --- |

1.

Takes note of Preliminary draft amending budget No 2/2008;

| 2. | Approves Draft amending budget No 2/2008 unamended; |
| --- | --- |

2.

Approves Draft amending budget No 2/2008 unamended;

| 3. | Recalls that it had put part of the administrative expenditure linked with the structural funds and rural development in reserve in Budget 2008 in order to accelerate the approval of operational programmes; |
| --- | --- |

3.

Recalls that it had put part of the administrative expenditure linked with the structural funds and rural development in reserve in Budget 2008 in order to accelerate the approval of operational programmes;

| 4. | Notes that according to the regulations governing the territorial operational programmes, they shall be dealt by the Commission during a six-month period; |
| --- | --- |

4.

Notes that according to the regulations governing the territorial operational programmes, they shall be dealt by the Commission during a six-month period;

| 5. | Notes that the under-implementation in 2007 in headings 1b and 2 amounted to EUR 3 525 million, of which EUR 1 491 million were carried forward to 2008, and EUR 2 034 million should be transferred under point 48 of the Interinstitutional Agreement to later years; |
| --- | --- |

5.

Notes that the under-implementation in 2007 in headings 1b and 2 amounted to EUR 3 525 million, of which EUR 1 491 million were carried forward to 2008, and EUR 2 034 million should be transferred under point 48 of the Interinstitutional Agreement to later years;

| 6. | Notes with satisfaction that all operational programmes of the European Social Fund have been approved; |
| --- | --- |

6.

Notes with satisfaction that all operational programmes of the European Social Fund have been approved;

| 7. | Notes that some operational programmes of ERDF have not been dealt with by the Commission; |
| --- | --- |

7.

Notes that some operational programmes of ERDF have not been dealt with by the Commission;

| 8. | Is worried about the delays in approval of operational programmes of rural development, one of Parliament's political priorities; |
| --- | --- |

8.

Is worried about the delays in approval of operational programmes of rural development, one of Parliament's political priorities;

| 9. | Instructs its President to forward this resolution to the Council and Commission. |
| --- | --- |

9.

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

---

(1)  OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).

(2)  OJ L 71, 14.3.2008.

(3)  OJ C 139, 14.6.2006, p. 1. Agreement as amended by Decision 2008/29/EC of the European Parliament and of the Council (OJ L 6, 10.1.2008, p. 7).

---

| 19.11.2009 | EN | Official Journal of the European Union | CE 279/217 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

CE 279/217

---

European Training Foundation (recast) ***I

P6_TA(2008)0227

European Parliament legislative resolution of 22 May 2008 on the proposal for a regulation of the European Parliament and of the Council establishing a European Training Foundation (recast) (COM(2007)0443 — C6-0243/2007 — 2007/0163(COD))

(2009/C 279 E/41)

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0443), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0443),

| — | having regard to Article 251(2) and Article 150 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0243/2007), |
| --- | --- |

—

having regard to Article 251(2) and Article 150 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0243/2007),

| — | having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1),

| — | having regard to the letter of 24 January 2008 from the Committee on Legal Affairs to the Committee on Employment and Social Affairs pursuant to Rule 80a(3) of its Rules of Procedure, |
| --- | --- |

—

having regard to the letter of 24 January 2008 from the Committee on Legal Affairs to the Committee on Employment and Social Affairs pursuant to Rule 80a(3) of its Rules of Procedure,

| — | having regard to Rules 80a and 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 80a and 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs (A6-0131/2008), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs (A6-0131/2008),

| A. | whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question includes no substantive amendment other than those identified as such in the proposal and whereas, as regards the unchanged provisions of existing texts, the proposal contains a straightforward codification of those texts without a change in substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question includes no substantive amendment other than those identified as such in the proposal and whereas, as regards the unchanged provisions of existing texts, the proposal contains a straightforward codification of those texts without a change in substance,

| 1. | Approves the Commission proposal as amended below and as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as amended below and as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 77, 28.3.2002, p. 1.

---

P6_TC1-COD(2007)0163

Position of the European Parliament adopted at first reading on 22 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council establishing a European Training Foundation (recast)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 150 thereof,

Having regard to the proposal from the Commission Image,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | Council Regulation (EEC) No 1360/90 of 7 May 1990 establishing a European Training Foundation (4) has been substantially amended several times. Since further amendments are to be made, it should be recast in the interests of clarity. |
| --- | --- |

(1)

Council Regulation (EEC) No 1360/90 of 7 May 1990 establishing a European Training Foundation (4) has been substantially amended several times. Since further amendments are to be made, it should be recast in the interests of clarity.

| (2) | The European Council meeting at Strasbourg on 8 and 9 December 1989 called upon the Council to adopt, at the beginning of 1990, the necessary decisions for the establishment of a European Training Foundation for Central and Eastern Europe, acting on a proposal from the Commission. To this end

  the Council adopted Regulation (EEC) No 1360/90, which established that Foundation, on 7 May 1990. |
| --- | --- |

(2)

Image

| (3) | Pursuant to a decision taken by common agreement between the representatives of the Governments of the Member States meeting at Head of State and Government level in Brussels on 29 October 1993 (5), the Foundation has its seat in Turin, Italy. |
| --- | --- |

(3)

Pursuant to a decision taken by common agreement between the representatives of the Governments of the Member States meeting at Head of State and Government level in Brussels on 29 October 1993 (5), the Foundation has its seat in Turin, Italy.

| (4) | On 18 December 1989, the Council adopted Regulation (EEC) No 3906/89 (6) on economic aid to the Republic of Hungary and the Polish People's Republic, which provided for aid in areas including training to support the process of economic and social reform in Hungary and Poland. |
| --- | --- |

(4)

On 18 December 1989, the Council adopted Regulation (EEC) No 3906/89 (6) on economic aid to the Republic of Hungary and the Polish People's Republic, which provided for aid in areas including training to support the process of economic and social reform in Hungary and Poland.

| (5) | The Council

  subsequently extended such aid to other countries of Central and Eastern Europe

  . |
| --- | --- |

(5)

Image

Image

| (6) | On 27 July 1994, the Council adopted Regulation (EC) No 2063/94 (7) amending Regulation (EEC) No 1360/90 with a view to including in the activities of the European Training Foundation the countries receiving assistance under the

  Tacis Programme

  . |
| --- | --- |

(6)

Image

Image

| (7) | On 17 July 1998, the Council adopted Regulation (EC) No 1572/98 (8) amending Regulation (EEC) No 1360/90 with a view to including in the activities of the European Training Foundation the Mediterranean non-member countries and territories which are beneficiaries of the financial and technical measures to accompany the reform of their economy and social structures pursuant to the Meda Programme. |
| --- | --- |

(7)

On 17 July 1998, the Council adopted Regulation (EC) No 1572/98 (8) amending Regulation (EEC) No 1360/90 with a view to including in the activities of the European Training Foundation the Mediterranean non-member countries and territories which are beneficiaries of the financial and technical measures to accompany the reform of their economy and social structures pursuant to the Meda Programme.

| (8) | On 5 December 2000, the Council adopted Regulation (EC) No 2666/2000 (9) on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia amending Regulation (EEC) No 1360/90 with a view to including in the activities of the European Training Foundation the countries of the Western Balkans

  covered by

  Regulation (EC) No 2666/2000. |
| --- | --- |

(8)

Image

Image

| (9) | External assistance programmes related to the countries covered by the activities of the European Training Foundation are to be replaced by new external relations policy instruments, mainly the instrument established by Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (10) and the instrument established by Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument (ENPI) (11). |
| --- | --- |

(9)

External assistance programmes related to the countries covered by the activities of the European Training Foundation are to be replaced by new external relations policy instruments, mainly the instrument established by Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (10) and the instrument established by Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument (ENPI) (11).

| (10) | Through supporting human
  capital
  development in the context of its external relations policy, the European Union contributes to economic development in those countries by providing the skills necessary to foster productivity and employment and supports social cohesion by promoting civic participation. |
| --- | --- |

(10)

Through supporting human
  capital
  development in the context of its external relations policy, the European Union contributes to economic development in those countries by providing the skills necessary to foster productivity and employment and supports social cohesion by promoting civic participation.

| (11) | In the context of those countries' efforts to reform their economic and social structures, the development of human
  capital
  is essential for attaining long-term stability and prosperity and in particular for achieving socio-economic equilibrium. |
| --- | --- |

(11)

In the context of those countries' efforts to reform their economic and social structures, the development of human
  capital
  is essential for attaining long-term stability and prosperity and in particular for achieving socio-economic equilibrium.

| (12) | The European Training Foundation could make an important contribution, in the context of the external relations policies of the European Union, to improving human
  capital
  development, in particular education and training in a lifelong learning perspective. |
| --- | --- |

(12)

The European Training Foundation could make an important contribution, in the context of the external relations policies of the European Union, to improving human
  capital
  development, in particular education and training in a lifelong learning perspective.

| (13) | For its contribution, the European Training Foundation will need to call upon the experience gained within the European Union in relation to education and training in a lifelong learning perspective and upon its institutions involved in this activity. |
| --- | --- |

(13)

For its contribution, the European Training Foundation will need to call upon the experience gained within the European Union in relation to education and training in a lifelong learning perspective and upon its institutions involved in this activity.

| (14) | There exist in the Community and in third countries, including the countries covered by the activities of the European Training Foundation, regional and/or national, public and/or private facilities which can be called upon to collaborate in the effective provision of aid in the area of human
  capital
  development, in particular education and training in a lifelong learning perspective. |
| --- | --- |

(14)

There exist in the Community and in third countries, including the countries covered by the activities of the European Training Foundation, regional and/or national, public and/or private facilities which can be called upon to collaborate in the effective provision of aid in the area of human
  capital
  development, in particular education and training in a lifelong learning perspective.

| (15) | The status and structure of the European Training Foundation should facilitate a flexible response to the specific and differing requirements of the individual countries to be assisted, and allow it to carry out its functions in close cooperation with the existing national and international bodies. |
| --- | --- |

(15)

The status and structure of the European Training Foundation should facilitate a flexible response to the specific and differing requirements of the individual countries to be assisted, and allow it to carry out its functions in close cooperation with the existing national and international bodies.

| (16) | The European Training Foundation should be endowed with legal personality, while maintaining a close corporate relationship with the Commission and respecting the overall political and operational responsibilities of the Community and its institutions. |
| --- | --- |

(16)

The European Training Foundation should be endowed with legal personality, while maintaining a close corporate relationship with the Commission and respecting the overall political and operational responsibilities of the Community and its institutions.

| (17) | The European Training Foundation should have close links with the European Centre for the Development of Vocational Training, with the Trans-European Mobility Scheme for University Studies (Tempus) and any other schemes instituted by the Council to provide aid in the area of training to the countries covered by its activities. |
| --- | --- |

(17)

The European Training Foundation should have close links with the European Centre for the Development of Vocational Training, with the Trans-European Mobility Scheme for University Studies (Tempus) and any other schemes instituted by the Council to provide aid in the area of training to the countries covered by its activities.

| (18) | The European Training Foundation should be open to the participation of countries which are not members of the Community and which share the commitment of the Community and the Member States to the provision of aid to the countries covered by the activities of the European Training Foundation in the field of human
  capital
  development, in particular education and training in a lifelong learning perspective, under arrangements to be laid down in agreements between the Community and themselves. |
| --- | --- |

(18)

The European Training Foundation should be open to the participation of countries which are not members of the Community and which share the commitment of the Community and the Member States to the provision of aid to the countries covered by the activities of the European Training Foundation in the field of human
  capital
  development, in particular education and training in a lifelong learning perspective, under arrangements to be laid down in agreements between the Community and themselves.

| (19) | The European Parliament,
  the Commission, and
  all
  the Member States should be represented within a Governing Board in order to
  oversee
  effectively the functions of the Foundation. |
| --- | --- |

(19)

Image

| (20) | In order to guarantee the full autonomy and independence of the Foundation, it should be granted an autonomous budget whose revenues come
  primarily
  from a contribution from the Community. The Community budgetary procedure should be applicable as far as the Community contribution and any other subsidies chargeable to the general budget of the European Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors. |
| --- | --- |

(20)

In order to guarantee the full autonomy and independence of the Foundation, it should be granted an autonomous budget whose revenues come
  primarily
  from a contribution from the Community. The Community budgetary procedure should be applicable as far as the Community contribution and any other subsidies chargeable to the general budget of the European Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors.

| (21) | The Foundation is a body set up by the Communities in the sense of Article 185(1) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (12) (hereinafter ‘the Financial Regulation’) and should adopt its financial rules accordingly. |
| --- | --- |

(21)

The Foundation is a body set up by the Communities in the sense of Article 185(1) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (12) (hereinafter ‘the Financial Regulation’) and should adopt its financial rules accordingly.

| (22) | Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (13) should apply to the Foundation. |
| --- | --- |

(22)

Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (13) should apply to the Foundation.

| (23) | In order to combat fraud, corruption and other unlawful activities the provisions of Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (14) should apply, without restriction, to the Foundation. |
| --- | --- |

(23)

In order to combat fraud, corruption and other unlawful activities the provisions of Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (14) should apply, without restriction, to the Foundation.

| (24) | 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 (15) documents should apply to the Foundation. |
| --- | --- |

(24)

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 (15) documents should apply to the Foundation.

| (25) | Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (16) should apply to the processing of personal data by the Foundation. |
| --- | --- |

(25)

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (16) should apply to the processing of personal data by the Foundation.

| (26) | Since the objective of this Regulation, namely
  assistance to third countries in the field of
  human
  capital
  development



  cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiary as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(26)

Since the objective of this Regulation, namely
  assistance to third countries in the field of
  human
  capital
  development

  Image

  cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiary as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

| (27) | This Regulation
  observes
  the fundamental rights



  recognised

  by the Charter of Fundamental Rights of the European Union
  ,
  in particular

  Article 43
  thereof
  , |
| --- | --- |

(27)

Image

Image

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

This Regulation hereby establishes the European Training Foundation (hereinafter referred to as the ‘Foundation’), whose objective shall be to contribute, in the context of EU external relations policies, to improving human
  capital
  development Image in the following countries:

| (a) | the countries eligible for support under

  Regulation (EC) No 1085/2006 and subsequent related legal acts; |
| --- | --- |

(a)

Image

| (b) | the countries eligible for support under Regulation (EC) No 1638/2006 and subsequent related legal acts; |
| --- | --- |

(b)

the countries eligible for support under Regulation (EC) No 1638/2006 and subsequent related legal acts;

| (c) | other countries designated by decision of the Governing Board on
  the basis of a proposal supported by two-thirds of its members and a Commission opinion, and covered by a Community instrument or international agreement that includes a component of human capital development,
  and as far as available resources allow. |
| --- | --- |

(c)

other countries designated by decision of the Governing Board on
  the basis of a proposal supported by two-thirds of its members and a Commission opinion, and covered by a Community instrument or international agreement that includes a component of human capital development,
  and as far as available resources allow.

The countries under (a), (b) and (c) are hereinafter designated as the ‘partner countries’.

For the purpose of this Regulation, ‘human capital development’ shall be defined as work that contributes to the lifelong development of each individual's skills and competences through the improvement of vocational education and training systems.

In order to achieve its objective, the Foundation may provide assistance to partner countries on:

| — | facilitating adaptation to industrial changes, in particular through vocational training and retraining; |
| --- | --- |

—

facilitating adaptation to industrial changes, in particular through vocational training and retraining;

| — | improving initial and continuing vocational training in order to facilitate vocational integration and reintegration into the labour market; |
| --- | --- |

—

improving initial and continuing vocational training in order to facilitate vocational integration and reintegration into the labour market;

| — | facilitating access to vocational training and encouraging mobility of instructors and trainees and particularly young people; |
| --- | --- |

—

facilitating access to vocational training and encouraging mobility of instructors and trainees and particularly young people;

| — | stimulating cooperation on training between educational establishments and firms; |
| --- | --- |

—

stimulating cooperation on training between educational establishments and firms;

| — | developing exchanges of information and experience on issues common to the training systems of the Member States; |
| --- | --- |

—

developing exchanges of information and experience on issues common to the training systems of the Member States;

| — | increasing the adaptability of workers, particularly through increased participation in education and training in a lifelong learning perspective; and |
| --- | --- |

—

increasing the adaptability of workers, particularly through increased participation in education and training in a lifelong learning perspective; and

| — | designing, introducing and implementing reforms in education and training systems, in order to develop employability and labour market relevance. |
| --- | --- |

—

designing, introducing and implementing reforms in education and training systems, in order to develop employability and labour market relevance.

Article 2

Functions

For the purpose of achieving the objectives set out in Article 1, the Foundation, within the limits of the powers conferred on the Governing Board and following the general guidelines established at Community level, shall have the following functions:

| (a) | to provide information, policy analysis and advice on human
  capital
  development issues



  in the partner countries; |
| --- | --- |

(a)

to provide information, policy analysis and advice on human
  capital
  development issues

  Image

  in the partner countries;

| (b) | to promote knowledge and analysis of skills needs in national and local labour markets; |
| --- | --- |

(b)

to promote knowledge and analysis of skills needs in national and local labour markets;

| (c) | to support relevant stakeholders in partner countries to build capacity in human
  capital
  development; |
| --- | --- |

(c)

to support relevant stakeholders in partner countries to build capacity in human
  capital
  development;

| (d) | to facilitate the exchange of information and experience among donors engaged in human
  capital
  development reform in partner countries; |
| --- | --- |

(d)

to facilitate the exchange of information and experience among donors engaged in human
  capital
  development reform in partner countries;

| (e) | to support the delivery of Community assistance to partner countries in the field of human
  capital
  development; |
| --- | --- |

(e)

to support the delivery of Community assistance to partner countries in the field of human
  capital
  development;

| (f) | to disseminate information and encourage networking and the exchange of experience and good practices between the European Union and partner countries and among partner countries on human
  capital
  development issues; |
| --- | --- |

(f)

to disseminate information and encourage networking and the exchange of experience and good practices between the European Union and partner countries and among partner countries on human
  capital
  development issues;

| (g) | at the Commission's request, to contribute to the analysis of the overall effectiveness of training assistance to the partner countries; and |
| --- | --- |

(g)

at the Commission's request, to contribute to the analysis of the overall effectiveness of training assistance to the partner countries; and

| (h) | to undertake such other tasks as may be agreed between the Governing Board and the Commission, within the general framework of this Regulation. |
| --- | --- |

(h)

to undertake such other tasks as may be agreed between the Governing Board and the Commission, within the general framework of this Regulation.

Article 3

General provisions

1.   The Foundation shall have legal personality. It shall enjoy in each of the Member States the most extensive legal capacity accorded to legal persons under their laws; it may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings. It shall be non-profit making.

2.   The Foundation shall have its seat in Turin, Italy.

3.   The Foundation shall cooperate with the other relevant Community bodies, with the support of the Commission. The Foundation shall cooperate, in particular, with the European Centre for the Development of Vocational Training Imagein the framework of a joint annual work programme annexed to the annual work programme of each agency with the objective of promoting synergy
  and complementarity
  between the activities of the two agencies.

4.
     
  Representatives of the social partners at Community level already active in the work of Community institutions, and international organisations active in the training field, may be invited, where appropriate, to participate in the work of the Foundation.

5.   

  Image

  The Foundation shall be subject to the administrative control of the European Ombudsman, pursuant to the conditions set out in Article 195 of the Image
  Treaty.

6.   The Foundation may establish cooperation agreements with other relevant bodies active in the human
  capital
  development field in the EU and internationally. The Governing Board shall adopt such agreements on the basis of a draft submitted by the Director after the Commission has delivered its opinion. The working arrangements contained therein must comply with Community law.

Article 4

Transparency

1.   The Foundation shall act with a high level of transparency and comply with the provisions under paragraphs 2 to 4.

2.   The Foundation shall make public
  within six months of setting up its Governing Board
  :

| (a) | its own Rules of Procedure and those of the Governing Board; |
| --- | --- |

(a)

its own Rules of Procedure and those of the Governing Board;

| (b) | its annual activity report. |
| --- | --- |

(b)

its annual activity report.

3.   The Governing Board may

  Image

  authorise representatives of interested parties, in appropriate cases, to attend meetings of the Foundation's bodies in the capacity of observers.

4.   Regulation (EC) No 1049/2001 shall apply to documents held by the Foundation.

The Governing Board shall adopt the practical arrangements for applying the said Regulation.

Article 5

Confidentiality

1.   Without prejudice to Article 4(4), the Foundation shall Image divulge to third parties no confidential information that it has received and in regard to which confidential treatment has been requested and is justified.

2.   The members of the Governing Board and the Director shall be subject to the confidentiality requirement referred to in Article 287 of the Image
  Treaty.

3.   The information gathered by the Foundation in accordance with this Regulation shall be subject to Regulation (EC) No 45/2001.

Article 6

Remedies

Decisions taken by the Foundation pursuant to Article 8 of Regulation (EC) No 1049/2001 may form the subject of a complaint to the Ombudsman or of an action before the Court of Justice of the European Communities, under the conditions laid down in Articles 195 and 230 of the Treaty respectively.

Article 7

Governing Board

1.   The Foundation shall have a Governing Board consisting of

  Image

  representatives of the Member States
  following the rotation stipulations of the Treaty of Lisbon regarding the appointment of Commissioners, three
  representatives of the Commission, as well as
  three experts appointed by the European Parliament. In addition,
  three representatives of the partner countries
  may attend meetings of the Governing Board as observers
  . Representatives may be replaced by alternates appointed at the same time.

2.   
  The
  Member States
  and the
  Commission shall
  each
  appoint
  their
  own representatives
  and alternates to the Governing Board
  .

The representatives of the partner countries shall be appointed by the Commission
  on the basis of a list of candidates proposed by those countries and of their experience and expertise in the Foundation's areas of work
  .

The Member States, the European Parliament and the
  Commission Image shall endeavour to
  achieve
  a balanced representation of men and women on the Governing Board.

3.   The term of office of representatives shall be five years. It shall be renewable once.

4.   The Governing Board shall be chaired by one of the representatives of the Commission. The term of office of the Chairperson shall expire when their respective membership of the Governing Board ceases.

5.   The Governing Board shall adopt its Rules of Procedure.

Article 8

Voting rules and tasks of the Chairperson

1.   The representatives of the Member States

  Image

  on the Governing Board shall each have one vote.
  The representatives of the Commission shall share one vote.

Image

Decisions of the Governing Board shall require a two-thirds majority of the members of the board
  entitled to vote
  , except in the
  cases
  referred to in
  paragraphs 2 and 3
  .

2.   The Governing Board shall determine, by a unanimous decision of its members
  entitled to vote
  , the rules governing the languages of the Foundation, taking into account the need to ensure access to, and participation in, the work of the Foundation by all interested parties.

3.   The Chairperson shall convene the Governing Board at least
  once
  a year
  . Further meetings may be convened
  at the request of

  Image

  a
  simple
  majority of those members of the Board
  who are entitled to vote
  .

The Chairperson shall be responsible for informing the board of other Community activities relevant to their work and the Commission's expectations concerning the Foundation 's activities in the forthcoming year.

Article 9

Powers of the Governing Board

The Governing Board shall have the following functions and powers:

| (a) | appoint and, where necessary, dismiss the Director of the Foundation in accordance with


  Article 10(5); |
| --- | --- |

(a)

Image

| (b) | exercise disciplinary authority over the Director; |
| --- | --- |

(b)

exercise disciplinary authority over the Director;

| (c) | adopt the Foundation's annual work programme on the basis of a draft submitted by the Director of the Foundation after the Commission has delivered its opinion, in accordance with

  Article 12; |
| --- | --- |

(c)

Image

| (d) | draw up an annual estimate of expenditure and revenue for the Foundation and forward it to the Commission; |
| --- | --- |

(d)

draw up an annual estimate of expenditure and revenue for the Foundation and forward it to the Commission;

| (e) | adopt the Foundation's definitive budget and establishment plan following completion of the annual budget procedure, in accordance with

  Article 16; |
| --- | --- |

(e)

Image

| (f) | adopt the Foundation's annual activity report, in accordance with the procedure laid down in Article 13 and send to the institutions and the Member States; |
| --- | --- |

(f)

adopt the Foundation's annual activity report, in accordance with the procedure laid down in Article 13 and send to the institutions and the Member States;

| (g) | adopt the Foundation's Rules of Procedure on the basis of a draft submitted by the Director after the Commission has delivered its opinion; |
| --- | --- |

(g)

adopt the Foundation's Rules of Procedure on the basis of a draft submitted by the Director after the Commission has delivered its opinion;

| (h) | adopt the financial rules applicable to the Foundation on the basis of a draft submitted by the Director after the Commission has delivered its opinion, in accordance with

  Article 19; |
| --- | --- |

(h)

Image

| (i) | adopt the procedures for applying Regulation (EC) No 1049/2001, in accordance with

  Article 4 of this Regulation. |
| --- | --- |

(i)

Image

Article 10

Director

1.   The Director of the Foundation shall be appointed by the Governing Board
  for a period of five years
  on the basis of a list of
  at least three
  candidates
  submitted
  by the Commission

  Image

  . Before being appointed, the candidate selected by the Governing Board
  shall
  be invited to make a statement before the competent committee(s) of the European Parliament and answer questions put by its/their members.

In the course of the nine months preceding the end of this period, the Commission shall undertake an evaluation
  on the basis of a prior evaluation by external experts, which
  shall assess in particular:

| — | the performance of the Director; and |
| --- | --- |

—

the performance of the Director; and

| — | the Foundation's duties and requirements in the coming years. |
| --- | --- |

—

the Foundation's duties and requirements in the coming years.

The Governing Board, acting on a proposal by the Commission, taking into account the evaluation report and only in those cases where it can be justified by the duties and requirements of the Foundation, may extend the term of office of the Director once for not more than three years.

The Governing Board shall inform the European Parliament about its intention to extend the Director's term of office. Within a month before the extension of his/her term of office, the Director may be invited to make a statement before the competent committee(s) of the European Parliament and answer questions put by its/their members.

If the term of office is not extended, the Director shall remain in office until the appointment of his/her successor.

2.   The Director shall be appointed on the basis of merit, administrative and management skills and expertise and experience in the field of work of the Foundation.

3.   The Director shall be the legal representative of the Foundation.

4.   The Director shall have the following functions and powers:

| (a) | to prepare, on the basis of general guidelines established by the Commission, the annual work programme, the draft estimate of expenditure and revenue of the Foundation, its Rules of Procedure and those of the Governing Board, its financial rules and the work of the Governing Board, and any ad hoc working parties convened by the Governing Board; |
| --- | --- |

(a)

to prepare, on the basis of general guidelines established by the Commission, the annual work programme, the draft estimate of expenditure and revenue of the Foundation, its Rules of Procedure and those of the Governing Board, its financial rules and the work of the Governing Board, and any ad hoc working parties convened by the Governing Board;

| (b) | to take part, with no voting right

  , in meetings of the Governing Board; |
| --- | --- |

(b)

Image

| (c) | to implement the decisions of the Governing Board; |
| --- | --- |

(c)

to implement the decisions of the Governing Board;

| (d) | to implement the Foundation's annual work programme and respond to requests for assistance from the Commission; |
| --- | --- |

(d)

to implement the Foundation's annual work programme and respond to requests for assistance from the Commission;

| (e) | to perform the duties of authorising officer, in accordance with Articles 33 to 42 of

  Regulation (EC, Euratom) No 2343/2002; |
| --- | --- |

(e)

Image

| (f) | to implement the Foundation's budget; |
| --- | --- |

(f)

to implement the Foundation's budget;

| (g) | to put in place an effective monitoring system allowing the regular evaluations referred to in Article 24 to be carried out and, on that basis, to prepare a draft annual report on the Foundation's activities; |
| --- | --- |

(g)

to put in place an effective monitoring system allowing the regular evaluations referred to in Article 24 to be carried out and, on that basis, to prepare a draft annual report on the Foundation's activities;

| (h) | to present that annual report to the European Parliament; |
| --- | --- |

(h)

to present that annual report to the European Parliament;

| (i) | to manage all staff-related matters, and, in particular, exercise the powers provided for in Article 21; |
| --- | --- |

(i)

to manage all staff-related matters, and, in particular, exercise the powers provided for in Article 21;

| (j) | to define the Foundation's organisational structure and submit it to the Governing Board for approval; |
| --- | --- |

(j)

to define the Foundation's organisational structure and submit it to the Governing Board for approval;

| (k) | to represent the Foundation before the European Parliament and the Council in accordance with

  Article 18. |
| --- | --- |

(k)

Image

5.   The Director shall be accountable for his/her actions to the Governing Board, which may remove the Director from his/her duties before his/her term of office has expired on a proposal of the Commission.

Article 11

Public interest and independence

The members of the Governing Board and the Director shall act in the public interest and independently of any external influence. To this end, they shall make a written declaration of commitment and a written declaration of interests every year.

Article 12

Annual work programme

1.   The annual work programme shall comply with the subject matter, scope and functions of the Foundation referred to in Articles 1 and 2 Image.

2.   The annual work programme shall be drafted within the framework of a four-year
  multiannual work programme
  in cooperation with the Commission services and with regard to the external relations priorities for the countries and regions concerned
  and on the basis of experience acquired in education and training within the Community
  .

3.   The projects and activities in the annual work programme shall be accompanied by an estimate of the necessary expenditure and by allocations of staff and budgetary resources.

4.   The Director shall submit the draft work programme to the Governing Board after the Commission has delivered an opinion on it.

5.   The Governing Board shall adopt the draft annual work programme for the following year by 30 November at the latest. The final adoption of the work programme shall take place at the beginning of each year.

6.   Where necessary, the programme may be adapted during the year using the same procedure in order to ensure greater effectiveness of Community policies.

Article 13

Annual activity report

1.   The Director shall report to the Governing Board on the performance of his/her duties in the form of an annual activity report.

2.   The annual activity report shall contain financial and management information indicating the results of operations by reference to
  the annual work programme and
  the objectives set, the risks associated with
  those
  operations, the use made of the resources provided and the way the internal control system functioned.

3.   The Governing Board shall draft an analysis and an assessment of the annual activity report on the previous financial year.

4.   The Governing Board shall adopt the Director's annual activity report and forward it, together with its analysis and an assessment, to the
  competent bodies of the
  European Parliament, the Council, the Commission, the Court of Auditors and the European Economic and Social Committee by 15 June at the latest. The report shall also be forwarded to the Member States and, for information, to the partner countries.

5.
     
  The Director of the Foundation shall present the Foundation's annual activity report to the relevant committees of the European Parliament and preparatory bodies of the Council.

Article 14

Links with other Community actions

The Commission, in cooperation with the Governing Board, shall ensure consistency and complementarity between the work of the Foundation and other actions at Community level, both within the Community and in assistance to the partner countries.

Article 15

Budget

1.   Estimates of all the revenue and expenditure of the Foundation shall be prepared for each financial year and shall be shown in the budget of the Foundation, which shall include an establishment plan, and each financial year shall correspond to the calendar year.

2.   The revenue and expenditure shown in the budget of the Foundation shall be in balance.

3.   The revenue of the Foundation shall comprise, without prejudice to other types of income, a subsidy from the general budget of the European Union (hereinafter referred to as ‘the general budget’), payments made as remuneration for services performed as well as finance from other sources.

4.   The budget shall also include details of any funds made available by the partner countries themselves for projects benefiting from financial assistance from the Foundation.

Article 16

Budgetary procedure

1.   Each year the Governing Board, on the basis of a draft drawn up by the Director, shall produce an estimate of revenue and expenditure for the Foundation for the following financial year. That estimate, which shall include a draft establishment plan, shall be forwarded by the Governing Board to the Commission by 31 March at the latest.

2.   The Commission shall examine the estimate, having regard to the proposed limits of the overall amount available for external actions, and enter in the preliminary draft general budget Image the resources it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget Image.

3.   The estimate shall be forwarded by the Commission to the European Parliament and the Council (hereinafter referred to as the ‘budgetary authority’) together with the preliminary draft general budget Image.

4.   The budgetary authority shall authorise the appropriations for the subsidy to the Foundation.

The budgetary authority shall adopt the establishment plan for the Foundation.

5.   The Foundation's budget and the establishment plan shall be adopted by the Governing Board. They shall become definitive after final adoption of the general budget. If necessary the budget and the establishment plan shall be adjusted accordingly.

6.   The Governing Board shall, as soon as possible, notify the budgetary authority of its intention to implement any project which may have significant financial implications for the funding of the Foundation's budget, in particular any projects relating to property such as the rental or purchase of buildings. It shall inform the Commission thereof.

Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Governing Board within a period of six weeks from the date of notification of the project.

Article 17

Budget implementation and control

1.   By 1 March at the latest following each financial year, the Foundation's accounting officer shall communicate the provisional accounts to the Commission's accounting officer together with a report on the budgetary and financial management for that financial year. The Commission's accounting officer shall consolidate the provisional accounts of the institutions and decentralised bodies in accordance with Article 128 of the Financial Regulation.

2.   By 31 March at the latest following each financial year, the Commission's accounting officer shall forward the Foundation's provisional accounts to the Court of Auditors, together with a report on the budgetary and financial management for that financial year. The report on the budgetary and financial management for that financial year shall also be forwarded to the European Parliament and the Council.

3.   The Director shall implement the budget of the Foundation.

4.   On receipt of the Court of Auditors' observations on the Foundation's provisional accounts, pursuant to Article 129 of the Financial Regulation, the Director shall draw up the Foundation's final accounts under his/her own responsibility and forward them to the Governing Board for its opinion.

5.   The Governing Board shall deliver an opinion on the Foundation's final accounts.

6.   The Director shall, by 1 July at the latest following each financial year, forward those final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Governing Board's opinion.

7.   The final accounts shall be published.

8.   The Foundation's Director shall send the Court of Auditors a reply to its observations by 30 September at the latest. He/she shall also send that reply to the Governing Board.

9.   The Director shall submit to the European Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for the financial year in question, as laid down in Article 146(3) of the Financial Regulation.

10.   The European Parliament, on a recommendation from the Council acting by a qualified majority, shall, before 30 April of year N + 2, give a discharge to the Director in respect of the implementation of the budget for year N.

11.   The Director shall take all appropriate steps required, if necessary, by the observations accompanying the decision giving discharge.

Article 18

European Parliament and Council

Without prejudice to the controls referred to above and, in particular the budgetary and discharge procedures, the European Parliament or the Council may ask at any time

  Image

  for a hearing with the Director on any subject relating to the Foundation's activities.

Article 19

Financial Rules

1.   The financial rules applicable to the Foundation shall be adopted by the Governing Board after the Commission has been consulted. They may not depart from ImageRegulation (EC, Euratom) No 2343/2002 unless specifically required for the Foundation's operation and with the Commission's prior consent.

2.   In accordance with Article 133(1) of the Financial Regulation, the Foundation shall apply the accounting rules adopted by the Commission's accounting officer so that its accounts can be consolidated with those of the Commission.

3.   Regulation (EC) No 1073/1999 shall apply to the Foundation in its entirety.

4.   The Foundation shall
  respect
  the Interinstitutional Agreement of 25 May 1999
  between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-fraud Office (OLAF) (17).
  The Governing Board shall

  Image

  adopt the necessary measures to help OLAF carry out
  such
  internal investigations.

Article 20

Privileges and immunities

The Protocol on the privileges and immunities of the European Communities shall apply to the Foundation.

Article 21

Staff rules

The staff of the Foundation shall be governed by the rules and regulations applicable to the officials and other servants of the European Communities.

The Foundation shall exercise over its staff the powers devolved to the appointing authority.

The Governing Board shall, in agreement with the Commission, adopt the appropriate implementing rules in accordance with the arrangements provided for in Article 110 of the Staff Regulations of Officials of the European Communities and Article 127 of the Conditions of Employment of Other Servants of the European Communities.

The Governing Board may adopt provisions to allow national experts from Member States or partner countries to be employed on secondment to the Foundation.

Article 22

Liability

1.   The contractual liability of the Foundation shall be governed by the law applicable to the contract in question.

2.   As regards of non-contractual liability, the Foundation shall, in accordance with the general principles common to laws of the Member States, make good any damage caused by the Foundation or its servants in the performance of their duties.

The Court of Justice shall have jurisdiction in disputes relating to compensation for any such damage.

3.   The personal liability of servants towards the Foundation shall be governed by the relevant provisions applying to the staff of the Foundation.

Article 23

Participation of third countries

1.   The Foundation shall be open to the participation of countries which are not members of the European Community and which share the commitment of the Community and the Member States to the provision of aid in the human
  capital development
  field to the partner countries defined in Article 1, under arrangements to be laid down in agreements between the Community and themselves, following the procedure laid down in Article 300 of the Treaty.

The agreements shall, inter alia, specify the nature and extent of and the detailed rules for the participation by those countries in the work of the Foundation including provisions on financial contributions and staff. Such agreements shall neither provide for third countries to be represented on the Governing Board with voting rights nor contain provisions that are not in accordance with the staff rules set out in Article 21 Image.

2.   Participation of such countries in ad hoc working parties may be decided as necessary by the Governing Board without the need for an agreement.

Article 24

Evaluation

1.   In accordance with Article 25(4) of Regulation (EC, Euratom) No 2343/2002, the Foundation shall regularly carry out ex ante and ex post evaluations of its activities where these necessitate significant expenditure. The Governing Board shall be notified of the results of those evaluations.

2.   The Commission shall, in consultation with the Governing Board, conduct an evaluation of the implementation of this Regulation, the results obtained by the Foundation and its working methods in line with the objectives, mandate and functions defined herein every four years. The evaluation shall be carried out
  by
  external experts. The Commission shall present the results of the evaluation to the European Parliament, the Council and the European Economic and Social Committee.

3.   The Foundation shall take all appropriate steps to remedy any problems which may come to light in the process of evaluation.

Article 25

Review

Following evaluation, the Commission shall present, if appropriate, a proposal for the revision of the provisions of this Regulation. If the Commission considers that the existence of the Foundation is no longer justified with regard to the objectives assigned to it, it may propose that this Regulation be repealed.

Article 26

Repeal

Regulations (EEC) No 1360/90, (EC) No 2063/94, (EC) No 1572/98, (EC) No 1648/2003 and Article 16 of Regulation (EC) No 2666/2000, as listed in Annex I, shall be repealed.

References to the repealed Regulations shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.

Article 27

Entry into force

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  OJ C ...

2

(3)  Position of the European Parliament of 22 May 2008.

3

Position of the European Parliament of 22 May 2008

(4)  OJ L 131, 23.5.1990, p. 1. Regulation as last amended by ImageRegulation (EC) No 1648/2003 Image (OJ L 245, 29.9.2003, p. 22).

4

(5)  OJ C 323, 30.11.1993, p. 1.

5

(6)  OJ L 375, 23. 12. 1989, p. 11.

6

(7)  OJ L 216, 20.8.1994, p. 9.

7

(8)  OJ L 206, 23.7.1998, p. 1.

8

(9)  OJ L 306, 7.12.2000, p. 1. Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).

9

Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).

(10)  OJ L 210, 31.7.2006, p. 82.

10

(11)  OJ L 310, 9.11.2006, p. 1.

11

(12)  OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).

12

Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).

(13)  OJ L 357, 31.12.2002, p. 72.

13

(14)  OJ L 136, 31.5.1999, p. 1.

14

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

15

(16)  OJ L 8, 12.1.2001, p. 1.

16

(17)  

  OJ L 136, 31.5.1999, p. 15.

17

OJ L 136, 31.5.1999, p. 15.

ANNEX I

REPEALED REGULATION AND SUCCESSIVE AMENDMENTS

Council Regulation (EEC) No 1360/90 of 7 May 1990

(OJ L 131, 23.5.1990, p. 1)

Council Regulation (EC) No 2063/94 of 27 July 1994

(OJ L 216, 20.8.1994, p. 9)

Council Regulation (EC) No 1572/98 of 17 July 1998

(OJ L 206, 23.7.1998, p. 1)

Article 16 of the Council Regulation (EC) No 2666/2000 of 5 December 2000

(OJ L 306, 7.12.2000, p. 1)

Council Regulation (EC) No 1648/2003 of 18 June 2003

(OJ L 245, 29.9.2003, p. 22)

ANNEX II

CORRELATION TABLE

| Regulation (EEC) No 1360/90 | This Regulation |
| --- | --- |
| Article 1 introductory words | Article 1 introductory words |
| Article 1 end of introductory words | – |
| Article 1 first to fourth intent | – |
| Article 1 second sentence | – |
| – | Article 1 end of introductory words |
| – | Article 1 (a) to (c) |
| – | Article 1 second sentence |
| Article 2 | – |
| Article 3 introductory words | Article 2 introductory words |
| Article 3 a) to g) | – |
| – | Article 2 (a) to (f) |
| Article 3 h) | Article 2 (g) |
| Article 4(1) | Article 3(1) |
| – | Article 3(2) |
| Article 4(3) first sentence | Article 3(3) first sentence |
| – | Article 3(3) second sentence |
| Article 4(2) | – |
| – | Article 3(4) and (5) |
| – | Article 4(1) to (3) |
| Article 4a(1) | Article 4(4) first subparagraph |
| Article 4a(2) | Article 4(4) second subparagraph |
| – | Article 5 |
| Article 4a(3) | Article 6 |
| Article 5(1) | Article 7(1) |
| Article 5(2) | Article 7(2) first and second subparagraphs |
| – | Article 7(2) third and fourth subparagraphs |
| Article 5(3) | Article 7(3) |
| Article 5(4) first subparagraph | Article 7(4) first sentence |
| – | Article 7(4) second sentence |
| Article 5(4) second subparagraph | Article 7(5) |
| Article 5(4) third and fourth subparagraphs | Article 8(1) first subparagraph |
| – | Article 8(1) second subparagraph |
| Article 5(4) last subparagraph | Article 8(1) last subparagraph |
| Article 5(5) and (6) | Article 8(2) and (3) |
| Article 5(7) to (10) | – |
| – | Article 9 |
| Article 6 | – |
| Article 7(1) first words | Article 10(1) first words |
| Article 7(1) end of first sentence and second sentence | – |
| – | Article 10(1) end of first sentence, second sentence and second to fourth subparagraphs |
| – | Article 10(2) |
| Article 7(2) | Article 10(5) first sentence |
| Article 7(3) | Article 10(3) |
| – | Article 10(4) points (a) to (k) |
| – | Article 11 |
| – | Article 12 |
| – | Article 13 |
| Article 8 (partly) | Article 14 |
| Article 9 | Article 15 |
| Article 10(1) | Article 16(1) |
| – | Article 16(2) |
| Article 10(2) | Article 16(3) |
| Article 10(3) | – |
| Article 10(4) to (6) | Article 16(4) to (6) |
| Article 11(1) | Article 17(3) |
| Article 11(2) and (3) | Article 17(1) and (2) |
| Article 11(4) to (10) | Article 17(4) to (10) |
| – | Article 17(11) |
| – | Article 18 |
| Article 12 | Article 19(1) |
| – | Article 19(2) to (4) |
| Article 13 | Article 20 |
| Article 14 | Article 21 first and second sentences and first words of third sentence |
| – | Article 21 last words of third sentence and last sentence |
| Article 15 | Article 22 |
| Article 16(1) | Article 23(1) first subparagraph and first sentence of second subparagraph |
| – | Article 23(1) last sentence of second subparagraph |
| Article 16(2) | Article 23(2) |
| – | Article 24(1) |
| Article 17 (partly) | Article 24(2) |
| – | Article 24(3) |
| Article 18 | – |
| – | Article 25 |
| – | Article 26 |
| Article 19 | Article 27 |
| – | Annex |

Regulation (EEC) No 1360/90

This Regulation

Article 1 introductory words

Article 1 introductory words

Article 1 end of introductory words

–

Article 1 first to fourth intent

–

Article 1 second sentence

–

–

Article 1 end of introductory words

–

Article 1 (a) to (c)

–

Article 1 second sentence

Article 2

–

Article 3 introductory words

Article 2 introductory words

Article 3 a) to g)

–

–

Article 2 (a) to (f)

Article 3 h)

Article 2 (g)

Article 4(1)

Article 3(1)

–

Article 3(2)

Article 4(3) first sentence

Article 3(3) first sentence

–

Article 3(3) second sentence

Article 4(2)

–

–

Article 3(4) and (5)

–

Article 4(1) to (3)

Article 4a(1)

Article 4(4) first subparagraph

Article 4a(2)

Article 4(4) second subparagraph

–

Article 5

Article 4a(3)

Article 6

Article 5(1)

Article 7(1)

Article 5(2)

Article 7(2) first and second subparagraphs

–

Article 7(2) third and fourth subparagraphs

Article 5(3)

Article 7(3)

Article 5(4) first subparagraph

Article 7(4) first sentence

–

Article 7(4) second sentence

Article 5(4) second subparagraph

Article 7(5)

Article 5(4) third and fourth subparagraphs

Article 8(1) first subparagraph

–

Article 8(1) second subparagraph

Article 5(4) last subparagraph

Article 8(1) last subparagraph

Article 5(5) and (6)

Article 8(2) and (3)

Article 5(7) to (10)

–

–

Article 9

Article 6

–

Article 7(1) first words

Article 10(1) first words

Article 7(1) end of first sentence and second sentence

–

–

Article 10(1) end of first sentence, second sentence and second to fourth subparagraphs

–

Article 10(2)

Article 7(2)

Article 10(5) first sentence

Article 7(3)

Article 10(3)

–

Article 10(4) points (a) to (k)

–

Article 11

–

Article 12

–

Article 13

Article 8 (partly)

Article 14

Article 9

Article 15

Article 10(1)

Article 16(1)

–

Article 16(2)

Article 10(2)

Article 16(3)

Article 10(3)

–

Article 10(4) to (6)

Article 16(4) to (6)

Article 11(1)

Article 17(3)

Article 11(2) and (3)

Article 17(1) and (2)

Article 11(4) to (10)

Article 17(4) to (10)

–

Article 17(11)

–

Article 18

Article 12

Article 19(1)

–

Article 19(2) to (4)

Article 13

Article 20

Article 14

Article 21 first and second sentences and first words of third sentence

–

Article 21 last words of third sentence and last sentence

Article 15

Article 22

Article 16(1)

Article 23(1) first subparagraph and first sentence of second subparagraph

–

Article 23(1) last sentence of second subparagraph

Article 16(2)

Article 23(2)

–

Article 24(1)

Article 17 (partly)

Article 24(2)

–

Article 24(3)

Article 18

–

–

Article 25

–

Article 26

Article 19

Article 27

–

Annex

---