# Official Journal C 285E/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.CE2009.285.eng |
| --- | --- |
| Official Journal
  of the European Union | C 285E |
| | |
| English edition | Information and Notices | Volume 5226 November 2009 |

ISSN 1725-2423

doi:10.3000/17252423.CE2009.285.eng

Official Journal

of the European Union

C 285E

English edition

Information and Notices

Volume 5226 November 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | European Parliament2008-2009 SESSIONSitting of 5 June 2008TEXTS ADOPTEDThe Minutes of this session have been published in OJ C 189 E, 26.7.2008. |
| | |
| | RESOLUTIONS |
| | European Parliament |
| | Thursday 5 June 2008 |
| 2009/C 285E/01 | Implementing trade policy through efficient import and export rules and proceduresEuropean Parliament resolution of 5 June 2008 on implementing trade policy through efficient import and export rules and procedures (2007/2256(INI)) | 1 |
| 2009/C 285E/02 | Deterioration of the situation in GeorgiaEuropean Parliament resolution of 5 June 2008 on the situation in Georgia | 7 |
| 2009/C 285E/03 | 2006 Annual report on the CFSPEuropean Parliament resolution of 5 June 2008 on the annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy (CFSP) presented to the European Parliament in application of point G, paragraph 43 of the Interinstitutional Agreement of 17 May 2006 — 2006 (2007/2219(INI)) | 11 |
| 2009/C 285E/04 | Implementation of the European Security Strategy and ESDPEuropean Parliament resolution of 5 June 2008 on the implementation of the European Security Strategy and ESDP (2008/2003(INI)) | 23 |
| 2009/C 285E/05 | EU-United States SummitEuropean Parliament resolution of 5 June 2008 on the forthcoming EU-US Summit | 32 |
| 2009/C 285E/06 | The Barcelona Process: Union for the MediterraneanEuropean Parliament resolution of 5 June 2008 on the Barcelona Process: Union for the Mediterranean | 39 |
| 2009/C 285E/07 | The future for young farmers under the ongoing reform of the CAPEuropean Parliament resolution of 5 June 2008 on the future for young farmers under the ongoing reform of the CAP (2007/2194(INI)) | 43 |
| 2009/C 285E/08 | The work of the ACP-EU Joint Parliamentary Assembly in 2007European Parliament resolution of 5 June 2008 on the work of the ACP-EU Joint Parliamentary Assembly in 2007 (2007/2180(INI)) | 51 |
| 2009/C 285E/09 | Competition: Sector inquiry on retail bankingEuropean Parliament resolution of 5 June 2008 on Competition: Sector inquiry on retail banking (2007/2201(INI)) | 55 |
| 2009/C 285E/10 | Retail Financial Services in the Single MarketEuropean Parliament resolution of 5 June 2008 on the Green Paper on retail financial services in the single market (2007/2287(INI)) | 61 |
| 2009/C 285E/11 | Rheumatic diseasesDeclaration of the European Parliament on rheumatic diseases | 67 |
| | |
| | European Parliament |
| | Thursday 5 June 2008 |
| 2009/C 285E/12 | Specific measures for agriculture in favour of the smaller Aegean islands *European Parliament legislative resolution of 5 June 2008 on the proposal for a Council regulation amending Regulation (EC) No 1405/2006 laying down specific measures for agriculture in favour of the smaller Aegean islands and amending Regulation (EC) No 1782/2003 (COM(2008)0168 — C6-0175/2008 — 2008/0065(CNS)) | 69 |
| 2009/C 285E/13 | Draft amending budget No 3/2008European Parliament resolution of 5 June 2008 on Draft amending budget No 3/2008 of the European Union for the financial year 2008, Section III — Commission and Section VI — European Economic and Social Committee (9903/2008 — C6-0206/2008 — 2008/2095(BUD)) | 70 |
| 2009/C 285E/14 | Draft amending budget No 4/2008European Parliament resolution of 5 June 2008 on draft amending budget No 4/2008 of the European Union for the financial year 2008, Section III — Commission (9904/2008 — C6-0207/2008 — 2008/2094(BUD)) | 71 |
| 2009/C 285E/15 | Contact-point network against corruption *European Parliament legislative resolution of 5 June 2008 on the initiative of the Federal Republic of Germany with a view to the adoption of a Council Decision on a contact-point network against corruption (11231/2007 — C6-0240/2007 — 2007/0809(CNS)) | 72 |
| 2009/C 285E/16 | Community system against illegal, unreported and unregulated fishing *European Parliament legislative resolution of 5 June 2008 on the proposal for a Council regulation establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (COM(2007)0602 — C6-0454/2007 — 2007/0223(CNS)) | 74 |
| 2009/C 285E/17 | Protection of vulnerable marine ecosystems *European Parliament legislative resolution of 5 June 2008 on the proposal for a Council regulation on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears (COM(2007)0605 — C6-0453/2007 — 2007/0224(CNS)) | 90 |
| 2009/C 285E/18 | Mobilisation of the EU Solidarity FundEuropean Parliament resolution of 5 June 2008 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the EU Solidarity Fund in application of point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2008)0200 — C6-0164/2008 — 2008/2091(ACI)) | 96 |
| 2009/C 285E/19 | International carriage of passengers by coach and bus (recast) ***IEuropean Parliament legislative resolution of 5 June 2008 on the proposal for a regulation of the European Parliament and of the Council on common rules for access to the market for coach and bus services (recast) (COM(2007)0264 — C6-0147/2007 — 2007/0097(COD)) | 98 |
| P6_TC1-COD(2007)0097Position of the European Parliament adopted at first reading on 5 June 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 market for coach and bus services and amending Regulation (EC) No 561/2006 (recast) | 99 |
| 2009/C 285E/20 | Hygiene of foodstuffs ***IEuropean Parliament legislative resolution of 5 June 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79(3) of the Treaty establishing the European Economic Community and Regulation (EC) No 852/2004 of the European Parliament and the Council on the hygiene of foodstuffs (COM(2007)0090 — C6-0211/2007 — 2007/0037B(COD)) | 122 |
| P6_TC1-COD(2007)0037BPosition of the European Parliament adopted at first reading on 5 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council amending Regulation (EC) No 852/2004 on the hygiene of foodstuffs | 123 |
| 2009/C 285E/21 | Prohibition on the use in stockfarming of certain substances having a hormonal or thyreostatic action and of beta agonists ***IEuropean Parliament legislative resolution of 5 June 2008 on the proposal for a directive of the European Parliament and of the Council amending Council Directive 96/22/EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyreostatic action and of beta-agonists (COM(2007)0292 — C6-0154/2007 — 2007/0102(COD)) | 125 |
| P6_TC1-COD(2007)0102Position of the European Parliament adopted at first reading on 5 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council amending Council Directive 96/22/EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyreostatic action and of beta-agonists | 125 |
| 2009/C 285E/22 | Generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 *European Parliament legislative resolution of 5 June 2008 on the proposal for a Council regulation applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 964/2007 and (EC) No 1100/2006 (COM(2007)0857 — C6-0051/2008 — 2007/0289(CNS)) | 126 |

Notice No

Contents

page

European Parliament2008-2009 SESSIONSitting of 5 June 2008TEXTS ADOPTEDThe Minutes of this session have been published in OJ C 189 E, 26.7.2008.

RESOLUTIONS

European Parliament

Thursday 5 June 2008

2009/C 285E/01

Implementing trade policy through efficient import and export rules and proceduresEuropean Parliament resolution of 5 June 2008 on implementing trade policy through efficient import and export rules and procedures (2007/2256(INI))

1

2009/C 285E/02

Deterioration of the situation in GeorgiaEuropean Parliament resolution of 5 June 2008 on the situation in Georgia

7

2009/C 285E/03

2006 Annual report on the CFSPEuropean Parliament resolution of 5 June 2008 on the annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy (CFSP) presented to the European Parliament in application of point G, paragraph 43 of the Interinstitutional Agreement of 17 May 2006 — 2006 (2007/2219(INI))

11

2009/C 285E/04

Implementation of the European Security Strategy and ESDPEuropean Parliament resolution of 5 June 2008 on the implementation of the European Security Strategy and ESDP (2008/2003(INI))

23

2009/C 285E/05

EU-United States SummitEuropean Parliament resolution of 5 June 2008 on the forthcoming EU-US Summit

32

2009/C 285E/06

The Barcelona Process: Union for the MediterraneanEuropean Parliament resolution of 5 June 2008 on the Barcelona Process: Union for the Mediterranean

39

2009/C 285E/07

The future for young farmers under the ongoing reform of the CAPEuropean Parliament resolution of 5 June 2008 on the future for young farmers under the ongoing reform of the CAP (2007/2194(INI))

43

2009/C 285E/08

The work of the ACP-EU Joint Parliamentary Assembly in 2007European Parliament resolution of 5 June 2008 on the work of the ACP-EU Joint Parliamentary Assembly in 2007 (2007/2180(INI))

51

2009/C 285E/09

Competition: Sector inquiry on retail bankingEuropean Parliament resolution of 5 June 2008 on Competition: Sector inquiry on retail banking (2007/2201(INI))

55

2009/C 285E/10

Retail Financial Services in the Single MarketEuropean Parliament resolution of 5 June 2008 on the Green Paper on retail financial services in the single market (2007/2287(INI))

61

2009/C 285E/11

Rheumatic diseasesDeclaration of the European Parliament on rheumatic diseases

67

European Parliament

Thursday 5 June 2008

2009/C 285E/12

Specific measures for agriculture in favour of the smaller Aegean islands *European Parliament legislative resolution of 5 June 2008 on the proposal for a Council regulation amending Regulation (EC) No 1405/2006 laying down specific measures for agriculture in favour of the smaller Aegean islands and amending Regulation (EC) No 1782/2003 (COM(2008)0168 — C6-0175/2008 — 2008/0065(CNS))

69

2009/C 285E/13

Draft amending budget No 3/2008European Parliament resolution of 5 June 2008 on Draft amending budget No 3/2008 of the European Union for the financial year 2008, Section III — Commission and Section VI — European Economic and Social Committee (9903/2008 — C6-0206/2008 — 2008/2095(BUD))

70

2009/C 285E/14

Draft amending budget No 4/2008European Parliament resolution of 5 June 2008 on draft amending budget No 4/2008 of the European Union for the financial year 2008, Section III — Commission (9904/2008 — C6-0207/2008 — 2008/2094(BUD))

71

2009/C 285E/15

Contact-point network against corruption *European Parliament legislative resolution of 5 June 2008 on the initiative of the Federal Republic of Germany with a view to the adoption of a Council Decision on a contact-point network against corruption (11231/2007 — C6-0240/2007 — 2007/0809(CNS))

72

2009/C 285E/16

Community system against illegal, unreported and unregulated fishing *European Parliament legislative resolution of 5 June 2008 on the proposal for a Council regulation establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (COM(2007)0602 — C6-0454/2007 — 2007/0223(CNS))

74

2009/C 285E/17

Protection of vulnerable marine ecosystems *European Parliament legislative resolution of 5 June 2008 on the proposal for a Council regulation on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears (COM(2007)0605 — C6-0453/2007 — 2007/0224(CNS))

90

2009/C 285E/18

Mobilisation of the EU Solidarity FundEuropean Parliament resolution of 5 June 2008 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the EU Solidarity Fund in application of point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2008)0200 — C6-0164/2008 — 2008/2091(ACI))

96

2009/C 285E/19

International carriage of passengers by coach and bus (recast) ***IEuropean Parliament legislative resolution of 5 June 2008 on the proposal for a regulation of the European Parliament and of the Council on common rules for access to the market for coach and bus services (recast) (COM(2007)0264 — C6-0147/2007 — 2007/0097(COD))

98

P6_TC1-COD(2007)0097Position of the European Parliament adopted at first reading on 5 June 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 market for coach and bus services and amending Regulation (EC) No 561/2006 (recast)

99

2009/C 285E/20

Hygiene of foodstuffs ***IEuropean Parliament legislative resolution of 5 June 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79(3) of the Treaty establishing the European Economic Community and Regulation (EC) No 852/2004 of the European Parliament and the Council on the hygiene of foodstuffs (COM(2007)0090 — C6-0211/2007 — 2007/0037B(COD))

122

P6_TC1-COD(2007)0037BPosition of the European Parliament adopted at first reading on 5 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council amending Regulation (EC) No 852/2004 on the hygiene of foodstuffs

123

2009/C 285E/21

Prohibition on the use in stockfarming of certain substances having a hormonal or thyreostatic action and of beta agonists ***IEuropean Parliament legislative resolution of 5 June 2008 on the proposal for a directive of the European Parliament and of the Council amending Council Directive 96/22/EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyreostatic action and of beta-agonists (COM(2007)0292 — C6-0154/2007 — 2007/0102(COD))

125

P6_TC1-COD(2007)0102Position of the European Parliament adopted at first reading on 5 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council amending Council Directive 96/22/EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyreostatic action and of beta-agonists

125

2009/C 285E/22

Generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 *European Parliament legislative resolution of 5 June 2008 on the proposal for a Council regulation applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 964/2007 and (EC) No 1100/2006 (COM(2007)0857 — C6-0051/2008 — 2007/0289(CNS))

126

| 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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European Parliament2008-2009 SESSIONSitting of 5 June 2008TEXTS ADOPTEDThe Minutes of this session have been published in OJ C 189 E, 26.7.2008.

RESOLUTIONS

European Parliament

Thursday 5 June 2008

| 26.11.2009 | EN | Official Journal of the European Union | CE 285/1 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/1

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Thursday 5 June 2008Implementing trade policy through efficient import and export rules and procedures

P6_TA(2008)0247

European Parliament resolution of 5 June 2008 on implementing trade policy through efficient import and export rules and procedures (2007/2256(INI))

2009/C 285 E/01

The European Parliament,

having regard to the Treaty establishing the European Community, and in particular to its Articles 23 to 31, 95, 133 and 135,

having regard to the Lisbon Treaty of 13 December 2007, currently being ratified by the Member States,

having regard to the Convention establishing a Customs Cooperation Council, which was signed in Brussels on 15 December 1950 and came into force on 4 November 1952,

having regard to the 1994 General Agreement on Tariffs and Trade (GATT), and in particular to its Articles V, VIII and X,

having regard to the Ministerial Declaration of the World Trade Organization (WTO) adopted in Singapore on 13 December 1996, and in particular to its paragraph 21,

having regard to the WTO Ministerial Declaration adopted in Doha on 14 November 2001, and in particular to its paragraph 27,

having regard to the decision adopted by the WTO General Council on 1 August 2004, and in particular to its Annex D on the Modalities for Negotiations on Trade Facilitation,

having regard to the WTO Ministerial Declaration adopted in Hong Kong on 18 December 2005, and in particular to its paragraph 33 and Annex E,

having regard to the reports of the Special Group and the WTO Dispute Settlement Body in Case (WT/DS315), European Communities — Selected Customs Matters,

having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1),

having regard to its position at second reading of 19 February 2008 on the common position adopted by the Council as regards the adoption of a Regulation laying down the Community Customs Code (Modernised Customs Code) (2),

having regard to Decision No 70/2008/EC of the European Parliament and of the Council of 15 January 2008 on a paperless environment for customs and trade (3),

having regard to the proposal for a decision of the European Parliament and of the Council establishing an action programme for customs in the Community (Customs 2013) (COM(2006)0201),

having regard to the Communication from the Commission of 16 March 2005 entitled ‘the rules of origin in preferential trade arrangements — Orientations for the future’ (COM(2005)0100),

having regard to the Communication from the Commission of 1 April 2008 entitled ‘Strategy for the evolution of the Customs Union’ (COM(2008)0169),

having regard to the draft Commission regulation (TAXUD 2046/2007) on the rules of origin of the Generalised System of Preferences, currently under consideration by the Customs Code Committee,

having regard to the International Convention on the simplification and harmonization of Customs procedures (Kyoto Convention), as amended,

having regard to the proposal for a Council decision on the accession of the European Communities to the World Customs Organization (WCO) and the exercise of rights and obligations akin to membership ad interim (COM(2007)0252),

having regard to the final report of 15 June 2007 of the Commission’s Directorate-General for Taxation and Customs Union on ‘The future role of Customs’,

having regard to the proceedings of the hearing held on 19 December 2007 in Parliament’s Committee on International Trade on the topic ‘Implementing trade policy through efficient import and export rules and procedures’,

having regard to Rule 45 of its Rules of Procedure,

having regard to the report of the Committee on International Trade (A6-0184/2008),

| A. | whereas the customs union is one of the historic foundations on which the economic and political integration of the European continent was built, |
| --- | --- |

A.

whereas the customs union is one of the historic foundations on which the economic and political integration of the European continent was built,

| B. | whereas the concepts of customs union and common trade policy are coterminous, |
| --- | --- |

B.

whereas the concepts of customs union and common trade policy are coterminous,

| C. | whereas the European Union’s import and export rules and procedures continue to play a crucial role in the smooth functioning of the internal market, |
| --- | --- |

C.

whereas the European Union’s import and export rules and procedures continue to play a crucial role in the smooth functioning of the internal market,

| D. | whereas, over the years, the common trade policy has undergone important changes which have required — and continue to require — continual adjustments to import and export rules and procedures, |
| --- | --- |

D.

whereas, over the years, the common trade policy has undergone important changes which have required — and continue to require — continual adjustments to import and export rules and procedures,

| E. | whereas the common trade policy can only function by basing itself on efficient rules and procedures with regard to the import and export of goods, |
| --- | --- |

E.

whereas the common trade policy can only function by basing itself on efficient rules and procedures with regard to the import and export of goods,

| F. | whereas simplifying and updating the import and export rules and procedures in the European Union and at international level are of strategic importance for competitiveness and trade, |
| --- | --- |

F.

whereas simplifying and updating the import and export rules and procedures in the European Union and at international level are of strategic importance for competitiveness and trade,

| G. | whereas the specific problems encountered by small and medium-sized enterprises (SMEs) with regard to mastering customs rules and procedures often impede such firms’ access to international trade and prevent them from taking full advantage of all the opportunities offered by globalisation, |
| --- | --- |

G.

whereas the specific problems encountered by small and medium-sized enterprises (SMEs) with regard to mastering customs rules and procedures often impede such firms’ access to international trade and prevent them from taking full advantage of all the opportunities offered by globalisation,

| H. | whereas correct assessment of the tariff classification, origin and value of imported goods is essential for the proper application of the common customs tariff, tariff preferences, anti-dumping and anti-subsidy measures and a whole range of other trade policy instruments, |
| --- | --- |

H.

whereas correct assessment of the tariff classification, origin and value of imported goods is essential for the proper application of the common customs tariff, tariff preferences, anti-dumping and anti-subsidy measures and a whole range of other trade policy instruments,

| I. | whereas excessively burdensome or lengthy customs rules and procedures are obstacles to international trade in goods and are regarded by economic operators, in particular by SMEs, to be amongst the key non-tariff barriers to trade, |
| --- | --- |

I.

whereas excessively burdensome or lengthy customs rules and procedures are obstacles to international trade in goods and are regarded by economic operators, in particular by SMEs, to be amongst the key non-tariff barriers to trade,

| J. | whereas the role of customs is now moving away from the simple collection of customs duties, an important task which, however, has been considerably scaled down over the last 20 years, towards the application of non-tariff measures, especially in respect of security and safety, combating counterfeiting, money laundering and drugs, and towards the application of measures concerning health, the environment and consumer protection, not to mention the collection of VAT and import/excise duties and exemption from export/excise duties, as well as, of course, compliance with the Union’s trade policies, |
| --- | --- |

J.

whereas the role of customs is now moving away from the simple collection of customs duties, an important task which, however, has been considerably scaled down over the last 20 years, towards the application of non-tariff measures, especially in respect of security and safety, combating counterfeiting, money laundering and drugs, and towards the application of measures concerning health, the environment and consumer protection, not to mention the collection of VAT and import/excise duties and exemption from export/excise duties, as well as, of course, compliance with the Union’s trade policies,

| K. | having regard to the efforts made since August 2004 in the context of the WTO and the Doha Round to negotiate a binding multilateral agreement on trade facilitation, and taking note of the difficulties faced by many developing countries in financing the border measures proposed in those negotiations, |
| --- | --- |

K.

having regard to the efforts made since August 2004 in the context of the WTO and the Doha Round to negotiate a binding multilateral agreement on trade facilitation, and taking note of the difficulties faced by many developing countries in financing the border measures proposed in those negotiations,

| L. | whereas developing countries experience particular difficulties in setting up effective customs systems, especially with regard to infrastructure, equipment and staff training and integrity, |
| --- | --- |

L.

whereas developing countries experience particular difficulties in setting up effective customs systems, especially with regard to infrastructure, equipment and staff training and integrity,

| M. | whereas the essential objective of facilitating trade must be reconciled with the equally important objective of effective controls, |
| --- | --- |

M.

whereas the essential objective of facilitating trade must be reconciled with the equally important objective of effective controls,

| N. | whereas concerns relating to the security of persons and goods are playing an increasingly large role in the framing and application of customs rules and procedures, particularly for some of the Union’s major trading partners, |
| --- | --- |

N.

whereas concerns relating to the security of persons and goods are playing an increasingly large role in the framing and application of customs rules and procedures, particularly for some of the Union’s major trading partners,

| O. | whereas European consumer protection standards, particularly relating to health and safety, should apply to all products circulating freely within the internal market, regardless of their origin, |
| --- | --- |

O.

whereas European consumer protection standards, particularly relating to health and safety, should apply to all products circulating freely within the internal market, regardless of their origin,

| P. | whereas greater use of information technology and other modern technologies when processing customs transactions and checking goods is producing significant improvements in efficiency and speed, |
| --- | --- |

P.

whereas greater use of information technology and other modern technologies when processing customs transactions and checking goods is producing significant improvements in efficiency and speed,

| Q. | whereas it is necessary to take into account the interoperability requirements imposed by the use of such equipment and the costs incurred through its use by the administrative authorities concerned and economic operators, |
| --- | --- |

Q.

whereas it is necessary to take into account the interoperability requirements imposed by the use of such equipment and the costs incurred through its use by the administrative authorities concerned and economic operators,

| R. | whereas one of the new fundamental objectives laid down in Article 3(5) of the Treaty on European Union (corresponding to the current Article 2(5) as amended by Article 1(4) of the Treaty of Lisbon) is that in its relations with the rest of the world the Union must contribute to the protection of its citizens; whereas the Treaty on European Union also specifies, in Article 3(2) (corresponding to the current Article 2(2) as amended by Article 1(4) of the Lisbon Treaty), that the Union offers its citizens ‘an area of freedom, security and justice’ without internal borders, ‘in which the free movement of persons is assured in conjunction with appropriate measures’ with respect to, inter alia, external border controls, |
| --- | --- |

R.

whereas one of the new fundamental objectives laid down in Article 3(5) of the Treaty on European Union (corresponding to the current Article 2(5) as amended by Article 1(4) of the Treaty of Lisbon) is that in its relations with the rest of the world the Union must contribute to the protection of its citizens; whereas the Treaty on European Union also specifies, in Article 3(2) (corresponding to the current Article 2(2) as amended by Article 1(4) of the Lisbon Treaty), that the Union offers its citizens ‘an area of freedom, security and justice’ without internal borders, ‘in which the free movement of persons is assured in conjunction with appropriate measures’ with respect to, inter alia, external border controls,

| S. | whereas while the Union’s customs rules and procedures are defined and adopted at Community level, their actual implementation depends on the action of the national administrations of the Member States, |
| --- | --- |

S.

whereas while the Union’s customs rules and procedures are defined and adopted at Community level, their actual implementation depends on the action of the national administrations of the Member States,

| T. | whereas the WCO plays an important role in promoting trade through international customs cooperation, |
| --- | --- |

T.

whereas the WCO plays an important role in promoting trade through international customs cooperation,

The importance of import and export rules and procedures

| 1. | Stresses the importance of effective import and export rules and procedures for the implementation of trade policy; |
| --- | --- |

1.

Stresses the importance of effective import and export rules and procedures for the implementation of trade policy;

| 2. | Points out that the effectiveness of any trade policy measure depends largely on the Union’s ability to ensure it is properly enforced; this concerns, in particular, trade defence measures and all kinds of tariff preferences that the Union grants to its various partners; a measure that is unenforceable, or difficult to enforce, from the customs standpoint is a measure that is ineffective from the trade standpoint, since it can lead to serious distortions of competition and huge economic, social and/or environmental collateral damage; |
| --- | --- |

2.

Points out that the effectiveness of any trade policy measure depends largely on the Union’s ability to ensure it is properly enforced; this concerns, in particular, trade defence measures and all kinds of tariff preferences that the Union grants to its various partners; a measure that is unenforceable, or difficult to enforce, from the customs standpoint is a measure that is ineffective from the trade standpoint, since it can lead to serious distortions of competition and huge economic, social and/or environmental collateral damage;

| 3. | Deplores the fact that the ‘customs feasibility’ of certain trade policy initiatives is not always properly assessed and taken into account; draws attention, for example, to the problems encountered in 2005 in implementing the Memorandum of Understanding with China of 10 June 2005 on the import of textile and clothing products; |
| --- | --- |

3.

Deplores the fact that the ‘customs feasibility’ of certain trade policy initiatives is not always properly assessed and taken into account; draws attention, for example, to the problems encountered in 2005 in implementing the Memorandum of Understanding with China of 10 June 2005 on the import of textile and clothing products;

| 4. | Stresses the need for better cooperation between the Commission departments responsible for trade policy and those responsible for customs policy, in particular by including the latter more systematically in the teams which negotiate trade agreements; |
| --- | --- |

4.

Stresses the need for better cooperation between the Commission departments responsible for trade policy and those responsible for customs policy, in particular by including the latter more systematically in the teams which negotiate trade agreements;

| 5. | Calls on the Commission to pay particular attention to the problems encountered by SMEs, specifically by facilitating the process of adapting their IT systems to those employed by customs administrations, at the lowest possible cost, and by simplifying the procedures for securing ‘authorised economic operator’ status; |
| --- | --- |

5.

Calls on the Commission to pay particular attention to the problems encountered by SMEs, specifically by facilitating the process of adapting their IT systems to those employed by customs administrations, at the lowest possible cost, and by simplifying the procedures for securing ‘authorised economic operator’ status;

| 6. | Welcomes the admission of the European Community to the WCO as a full member with effect from 1 July 2007, a step which formally recognises its international competence in the sphere of customs policy and which can help to strengthen its internal cohesion; calls on the Commission to support the WCO; |
| --- | --- |

6.

Welcomes the admission of the European Community to the WCO as a full member with effect from 1 July 2007, a step which formally recognises its international competence in the sphere of customs policy and which can help to strengthen its internal cohesion; calls on the Commission to support the WCO;

Tariff classification, value, origin and economic arrangements

| 7. | Points out the particular importance of the rules concerning the tariff classification, value and origin — preferential and non-preferential — of goods; |
| --- | --- |

7.

Points out the particular importance of the rules concerning the tariff classification, value and origin — preferential and non-preferential — of goods;

| 8. | Encourages the Commission to strive continuously to improve these rules, both at Community level and in the multilateral contexts of the WTO and the WCO, making them more transparent, predictable, simple and effective; |
| --- | --- |

8.

Encourages the Commission to strive continuously to improve these rules, both at Community level and in the multilateral contexts of the WTO and the WCO, making them more transparent, predictable, simple and effective;

| 9. | Deplores the persistent deadlock in the multilateral harmonisation exercise concerning non-preferential rules of origin, which began as early as 1995 on the basis of the Agreement on Rules of Origin (ARO) concluded in the Uruguay Round; believes that such harmonisation would enable trade defence measures throughout the world to be applied more effectively and fairly and would provide a better framework for origin marking practices; calls on the Commission to take all possible measures with a view to restarting and concluding these negotiations on the basis of the principles laid down in the ARO; |
| --- | --- |

9.

Deplores the persistent deadlock in the multilateral harmonisation exercise concerning non-preferential rules of origin, which began as early as 1995 on the basis of the Agreement on Rules of Origin (ARO) concluded in the Uruguay Round; believes that such harmonisation would enable trade defence measures throughout the world to be applied more effectively and fairly and would provide a better framework for origin marking practices; calls on the Commission to take all possible measures with a view to restarting and concluding these negotiations on the basis of the principles laid down in the ARO;

| 10. | Notes the efforts made by the Commission with a view to modernising and simplifying the rules on preferential origin; |
| --- | --- |

10.

Notes the efforts made by the Commission with a view to modernising and simplifying the rules on preferential origin;

| 11. | Deplores the fact that Parliament is not more closely involved, so as to enable it to exercise the right of prior scrutiny it enjoys under the comitology procedure, in considering the draft regulation on the reform of the rules of origin of the Generalised System of Preferences (GSP), currently under consideration by the Member States in the context of the Customs Code Committee, in spite of the importance and great political sensitivity of this reform; notes, however, that the Commission is due to deliver a presentation on the subject to the parliamentary committee responsible; |
| --- | --- |

11.

Deplores the fact that Parliament is not more closely involved, so as to enable it to exercise the right of prior scrutiny it enjoys under the comitology procedure, in considering the draft regulation on the reform of the rules of origin of the Generalised System of Preferences (GSP), currently under consideration by the Member States in the context of the Customs Code Committee, in spite of the importance and great political sensitivity of this reform; notes, however, that the Commission is due to deliver a presentation on the subject to the parliamentary committee responsible;

| 12. | Notes the strong objections from certain Community industrial sectors, such as textiles, clothing and agri-foodstuffs, with regard to the uniform application of the value-added criterion; calls on the Commission and on the Member States to take account of these justified criticisms as far as possible; |
| --- | --- |

12.

Notes the strong objections from certain Community industrial sectors, such as textiles, clothing and agri-foodstuffs, with regard to the uniform application of the value-added criterion; calls on the Commission and on the Member States to take account of these justified criticisms as far as possible;

| 13. | Notes that it is important in general terms to ensure that the preferences granted to countries benefiting from preferential arrangements in certain sensitive sectors do not, by virtue of excessively flexible rules of origin, lend themselves too easily to being exploited by very competitive third countries; |
| --- | --- |

13.

Notes that it is important in general terms to ensure that the preferences granted to countries benefiting from preferential arrangements in certain sensitive sectors do not, by virtue of excessively flexible rules of origin, lend themselves too easily to being exploited by very competitive third countries;

| 14. | Deplores the fact that European firms are making little use of Community ‘customs warehousing’ and outward and inward processing procedures owing to their complexity; calls on the Commission to consider simplifying the ‘procedures with economic impact’, introducing more flexible procedures and a paperless system; |
| --- | --- |

14.

Deplores the fact that European firms are making little use of Community ‘customs warehousing’ and outward and inward processing procedures owing to their complexity; calls on the Commission to consider simplifying the ‘procedures with economic impact’, introducing more flexible procedures and a paperless system;

Trade facilitation

| 15. | Attaches the utmost importance to the trade facilitation negotiations underway since August 2004 in the WTO; points out the considerable benefits that are expected from an ambitious agreement in terms of reducing transaction costs, improving the competitiveness and international attractiveness of developing countries and promoting trade; |
| --- | --- |

15.

Attaches the utmost importance to the trade facilitation negotiations underway since August 2004 in the WTO; points out the considerable benefits that are expected from an ambitious agreement in terms of reducing transaction costs, improving the competitiveness and international attractiveness of developing countries and promoting trade;

| 16. | Acknowledges the risk that the outcome of the negotiations on trade facilitation could lead to the imposing of obligations on developing countries to undertake expensive programmes that they can ill afford; regards it as essential, therefore, that, as part of the eventual outcome of the negotiations, developed countries give a clear commitment to provide financial and technical assistance to developing countries in order to enable them to meet the compliance, adjustment and implementation costs of any future multilateral framework; |
| --- | --- |

16.

Acknowledges the risk that the outcome of the negotiations on trade facilitation could lead to the imposing of obligations on developing countries to undertake expensive programmes that they can ill afford; regards it as essential, therefore, that, as part of the eventual outcome of the negotiations, developed countries give a clear commitment to provide financial and technical assistance to developing countries in order to enable them to meet the compliance, adjustment and implementation costs of any future multilateral framework;

| 17. | Underlines the eminently cooperative nature of these negotiations, which do not lend themselves to any cross-sector bargaining involving other issues in the Doha Round; considers that the issue of trade facilitation could be concluded and implemented separately, without disrupting the Round, and therefore calls for it to be removed from the Single Undertaking; |
| --- | --- |

17.

Underlines the eminently cooperative nature of these negotiations, which do not lend themselves to any cross-sector bargaining involving other issues in the Doha Round; considers that the issue of trade facilitation could be concluded and implemented separately, without disrupting the Round, and therefore calls for it to be removed from the Single Undertaking;

| 18. | Also supports the Commission’s ambitious plans to include a chapter on facilitating trade and customs cooperation in all the new free trade agreements it negotiates, in line with its Communication of 4 October 2006 entitled ‘Global Europe: Competing in the World — a contribution to the EU’s growth and jobs strategy’ (COM(2006)0567); |
| --- | --- |

18.

Also supports the Commission’s ambitious plans to include a chapter on facilitating trade and customs cooperation in all the new free trade agreements it negotiates, in line with its Communication of 4 October 2006 entitled ‘Global Europe: Competing in the World — a contribution to the EU’s growth and jobs strategy’ (COM(2006)0567);

New customs tasks

| 19. | Reiterates the need to establish at EU level a plan to combat counterfeiting and piracy, and stresses the need for enhanced cooperation on this subject within the Commission, in other words between the departments responsible for intellectual property rules, trade policy and customs policy, with the Member States’ customs authorities and between those authorities; |
| --- | --- |

19.

Reiterates the need to establish at EU level a plan to combat counterfeiting and piracy, and stresses the need for enhanced cooperation on this subject within the Commission, in other words between the departments responsible for intellectual property rules, trade policy and customs policy, with the Member States’ customs authorities and between those authorities;

| 20. | Welcomes the compromise reached by the Member States and the Commission on a negotiating mandate for the Anti-Counterfeiting Trade Agreement (ACTA), which is an important element of the Union’s global trade strategy and will provide a high-level international framework for strengthening the enforcement of intellectual property rights and protecting producers against industrial theft and consumers against the health and safety risks associated with many counterfeit products; |
| --- | --- |

20.

Welcomes the compromise reached by the Member States and the Commission on a negotiating mandate for the Anti-Counterfeiting Trade Agreement (ACTA), which is an important element of the Union’s global trade strategy and will provide a high-level international framework for strengthening the enforcement of intellectual property rights and protecting producers against industrial theft and consumers against the health and safety risks associated with many counterfeit products;

| 21. | Calls on the Commission and the Member States to take all necessary measures to ensure that goods imported with a view to being placed on the EU market comply with European consumer protection standards, particularly as regards health and safety, to prevent the circulation of products or substances which could be dangerous for consumers; |
| --- | --- |

21.

Calls on the Commission and the Member States to take all necessary measures to ensure that goods imported with a view to being placed on the EU market comply with European consumer protection standards, particularly as regards health and safety, to prevent the circulation of products or substances which could be dangerous for consumers;

A worrying erosion of freedom in the name of security

| 22. | Acknowledges the legitimacy of concerns relating to the security of people and goods, but stresses the need to strike a fair balance between control and facilitation, in order not to hamper international trade needlessly or excessively; regards, however, the role of customs in the full application of Community measures concerning health, the environment and consumer protection as a priority that must not be compromised by customs facilitation measures; |
| --- | --- |

22.

Acknowledges the legitimacy of concerns relating to the security of people and goods, but stresses the need to strike a fair balance between control and facilitation, in order not to hamper international trade needlessly or excessively; regards, however, the role of customs in the full application of Community measures concerning health, the environment and consumer protection as a priority that must not be compromised by customs facilitation measures;

| 23. | Supports the SAFE Framework of Standards (to Secure and Facilitate Global Trade) adopted by the WCO Council in 2005; fully endorses the opinion expressed by the WCO that ‘it is an unacceptable and an unnecessary burden to inspect every shipment’ and that priority should be given to managing risks effectively by means of efficient automated systems; |
| --- | --- |

23.

Supports the SAFE Framework of Standards (to Secure and Facilitate Global Trade) adopted by the WCO Council in 2005; fully endorses the opinion expressed by the WCO that ‘it is an unacceptable and an unnecessary burden to inspect every shipment’ and that priority should be given to managing risks effectively by means of efficient automated systems;

| 24. | Deeply deplores the adoption by the US Congress in July 2007 of the so-called HR1 legislation and the unilateral introduction by the United States of a scanning requirement for all shipping containers bound for that country as from 2012; doubts that such a measure will be effective and that it is compatible with WTO rules; fears that once implemented, it will curb the development of transatlantic trade; |
| --- | --- |

24.

Deeply deplores the adoption by the US Congress in July 2007 of the so-called HR1 legislation and the unilateral introduction by the United States of a scanning requirement for all shipping containers bound for that country as from 2012; doubts that such a measure will be effective and that it is compatible with WTO rules; fears that once implemented, it will curb the development of transatlantic trade;

| 25. | Notes that secure trade is particularly important in an ever more integrated global economy; urges the Transatlantic Legislators’ Dialogue (TLD) and the Commission to continue their efforts to ensure that the US legislation requiring the scanning of all US-bound cargo is modified in line with a risk-based approach; calls on the Commission to raise the matter in the Transatlantic Economic Council (TEC) and other bodies and persuade the US to change its decision; calls for support to be given to mutual recognition of ‘authorised economic operators’ and of security standards agreed by the WCO (C-TPAT, SAFE framework); |
| --- | --- |

25.

Notes that secure trade is particularly important in an ever more integrated global economy; urges the Transatlantic Legislators’ Dialogue (TLD) and the Commission to continue their efforts to ensure that the US legislation requiring the scanning of all US-bound cargo is modified in line with a risk-based approach; calls on the Commission to raise the matter in the Transatlantic Economic Council (TEC) and other bodies and persuade the US to change its decision; calls for support to be given to mutual recognition of ‘authorised economic operators’ and of security standards agreed by the WCO (C-TPAT, SAFE framework);

An ongoing lack of harmonisation

| 26. | Points out that the compatibility of the Union’s customs system with WTO rules was essentially confirmed on appeal by the WTO Dispute Settlement Body in the aforementioned Case WT/DS315, and welcomes this result; |
| --- | --- |

26.

Points out that the compatibility of the Union’s customs system with WTO rules was essentially confirmed on appeal by the WTO Dispute Settlement Body in the aforementioned Case WT/DS315, and welcomes this result;

| 27. | Notes, nevertheless, that both our trading partners and European economic operators themselves continue to call for greater harmonisation between national administrations in the implementation of Community customs legislation; |
| --- | --- |

27.

Notes, nevertheless, that both our trading partners and European economic operators themselves continue to call for greater harmonisation between national administrations in the implementation of Community customs legislation;

| 28. | Notes that pernicious discrepancies are sometimes found between Member States, for example with regard to the levying of VAT on imports, conditions for access to certain simplified procedures, the frequency of physical checks on goods and penalties; |
| --- | --- |

28.

Notes that pernicious discrepancies are sometimes found between Member States, for example with regard to the levying of VAT on imports, conditions for access to certain simplified procedures, the frequency of physical checks on goods and penalties;

| 29. | Considers that every effort must be made to ensure equal treatment for economic operators throughout the Community customs territory, as it is an essential prerequisite as regards preserving the integrity of the internal market and protecting the Union’s financial interests, maintaining its powers in the area of external policy — particularly trade policy — and ensuring compliance with its international commitments; |
| --- | --- |

29.

Considers that every effort must be made to ensure equal treatment for economic operators throughout the Community customs territory, as it is an essential prerequisite as regards preserving the integrity of the internal market and protecting the Union’s financial interests, maintaining its powers in the area of external policy — particularly trade policy — and ensuring compliance with its international commitments;

| 30. | Expresses its support for all measures seeking to increase cohesion between national administrations, encourage synergies, establish new communication and information-sharing systems, develop best practices and exchange staff and experiences with a view to enabling these administrations to function as one in the application of Community legislation; |
| --- | --- |

30.

Expresses its support for all measures seeking to increase cohesion between national administrations, encourage synergies, establish new communication and information-sharing systems, develop best practices and exchange staff and experiences with a view to enabling these administrations to function as one in the application of Community legislation;

| 31. | Stresses the crucial importance, in this respect, of instruments such as the Community’s integrated tariff (TARIC), European binding tariff information (EBTI), Binding origin information (BOI), and the common risk management framework; calls on the Commission and the Member States to continue to perfect these instruments and ensure they function properly; |
| --- | --- |

31.

Stresses the crucial importance, in this respect, of instruments such as the Community’s integrated tariff (TARIC), European binding tariff information (EBTI), Binding origin information (BOI), and the common risk management framework; calls on the Commission and the Member States to continue to perfect these instruments and ensure they function properly;

| 32. | Stresses the need to standardise the law of evidence or establish common minimum rules and ensure uniform implementation by the 27 Member States of Community customs regulations (and in particular Regulation (EC) No 1383/2003) (4); |
| --- | --- |

32.

Stresses the need to standardise the law of evidence or establish common minimum rules and ensure uniform implementation by the 27 Member States of Community customs regulations (and in particular Regulation (EC) No 1383/2003) (4);

| 33. | Calls on the Commission to incorporate in its proposals precise rules on the administrative and penal sanctions for infringing the customs provisions laid down in Articles 135 and 280 of the EC Treaty, as amended by Article 2 points 45 and 276 of the Lisbon Treaty; |
| --- | --- |

33.

Calls on the Commission to incorporate in its proposals precise rules on the administrative and penal sanctions for infringing the customs provisions laid down in Articles 135 and 280 of the EC Treaty, as amended by Article 2 points 45 and 276 of the Lisbon Treaty;

| 34. | Criticises the reluctance of the Commission and the Member States to envisage, at this stage, new structures to ensure that Community customs legislation is applied in a uniform manner; calls on the Commission and the Member States to consider seriously the possibility of establishing a unified EU customs service, with a view to moving towards a Community administration in charge of the customs union, to enable customs rules and procedures to be implemented more effectively throughout the European Union’s customs territory; |
| --- | --- |

34.

Criticises the reluctance of the Commission and the Member States to envisage, at this stage, new structures to ensure that Community customs legislation is applied in a uniform manner; calls on the Commission and the Member States to consider seriously the possibility of establishing a unified EU customs service, with a view to moving towards a Community administration in charge of the customs union, to enable customs rules and procedures to be implemented more effectively throughout the European Union’s customs territory;

*

* *

| 35. | Instructs its President to forward this resolution to the Council and Commission, the governments and parliaments of the Member States, the World Customs Organization, the World Trade Organization and to member countries and candidate countries of both organisations. |
| --- | --- |

35.

Instructs its President to forward this resolution to the Council and Commission, the governments and parliaments of the Member States, the World Customs Organization, the World Trade Organization and to member countries and candidate countries of both organisations.

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(1)  OJ L 302, 19.10.1992, p. 1.

(2)  Texts Adopted, P6_TA(2008)0049.

(3)  OJ L 23, 26.1.2008, p. 21.

(4)  OJ L 196, 2.8.2003, p. 7.

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| 26.11.2009 | EN | Official Journal of the European Union | CE 285/7 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/7

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Thursday 5 June 2008Deterioration of the situation in Georgia

P6_TA(2008)0253

European Parliament resolution of 5 June 2008 on the situation in Georgia

2009/C 285 E/02

The European Parliament,

having regard to its previous resolutions on Georgia, in particular those of 26 October 2006 (1) and 29 November 2007 (2),

having regard to its resolution of 15 November 2007 on strengthening the European Neighbourhood Policy (ENP) (3), and its resolutions of 17 January 2008 on a more effective EU policy for South Caucasus (4), and on a Black Sea Regional Policy Approach (5),

having regard to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part (6), which entered into force on 1 July 1999,

having regard to the ENP Action Plan endorsed by the EU-Georgia Cooperation Council on 14 November 2006,

having regard to the UN Security Council resolution 1808(2008) of 15 April 2008 that supports the territorial integrity of Georgia and extends the mandate of the UN Observer Mission in Georgia (UNOMIG) until 15 October 2008,

having regard to the recommendations adopted by the EU-Georgia Parliamentary Cooperation Committee on 28-30 April 2008,

having regard to the declarations by the Slovenian Presidency of the Council on behalf of the EU on the escalation of tension between Georgia and Russia of 18 April and 2 May 2008,

having regard to the Statement of Preliminary Findings and Conclusions of 22 May 2008 of the International Election Observation Mission to the Georgian parliamentary elections,

having regard to the conclusions of the investigation by UNOMIG of 26 May 2008 into the shooting down of a Georgian unmanned aircraft,

having regard to the conclusions on Georgia of the General Affairs and External Relations Council of 26 May 2008,

having regard to Rule 103(4) of its Rules of Procedure,

| A. | whereas the European Union remains committed to further developing and deepening its relations with Georgia and supports the necessary political and economic reforms, measures to establish solid and efficient democratic institutions and an effective and independent judiciary and further efforts to combat corruption, thereby creating a peaceful and prosperous Georgia that can contribute to stability in the region and the rest of Europe, |
| --- | --- |

A.

whereas the European Union remains committed to further developing and deepening its relations with Georgia and supports the necessary political and economic reforms, measures to establish solid and efficient democratic institutions and an effective and independent judiciary and further efforts to combat corruption, thereby creating a peaceful and prosperous Georgia that can contribute to stability in the region and the rest of Europe,

| B. | whereas following a Presidential decree Russian ministries and other state agencies were instructed to establish official ties with counterpart agencies in the Georgian breakaway regions of Abkhazia and South Ossetia, |
| --- | --- |

B.

whereas following a Presidential decree Russian ministries and other state agencies were instructed to establish official ties with counterpart agencies in the Georgian breakaway regions of Abkhazia and South Ossetia,

| C. | whereas the Russian Federation withdrew from the 19 January 1996 decision of the Commonwealth of Independent States (CIS) Council of Heads of State which prohibits the signatory states from any military cooperation with the separatist authorities of Abkhazia, |
| --- | --- |

C.

whereas the Russian Federation withdrew from the 19 January 1996 decision of the Commonwealth of Independent States (CIS) Council of Heads of State which prohibits the signatory states from any military cooperation with the separatist authorities of Abkhazia,

| D. | whereas in May 2008 Russia unilaterally deployed further troops and moved heavy artillery into Abkhazia under the auspices of a CIS-sanctioned peacekeeping mission, and announced its intention to establish 15 additional check-points along the administrative boundary-line; whereas Russian representatives announced that the number of troops of the Russian battalion stationed in South Ossetia may be increased, |
| --- | --- |

D.

whereas in May 2008 Russia unilaterally deployed further troops and moved heavy artillery into Abkhazia under the auspices of a CIS-sanctioned peacekeeping mission, and announced its intention to establish 15 additional check-points along the administrative boundary-line; whereas Russian representatives announced that the number of troops of the Russian battalion stationed in South Ossetia may be increased,

| E. | whereas on 20 April 2008 a Georgian reconnaissance drone was shot down over Abkhazia; whereas the recent report by UNOMIG on the incident indicates that the reconnaissance drone was shot down by a Russian aircraft; whereas the report also states that Georgia should stop sending these reconnaissance drones over Abkhazia, |
| --- | --- |

E.

whereas on 20 April 2008 a Georgian reconnaissance drone was shot down over Abkhazia; whereas the recent report by UNOMIG on the incident indicates that the reconnaissance drone was shot down by a Russian aircraft; whereas the report also states that Georgia should stop sending these reconnaissance drones over Abkhazia,

| F. | whereas no official high-level meetings have taken place between Georgian and Abkhaz representatives under the auspices of the United Nations (UN) since October 2007; whereas the Georgian President Mikheil Saakashvili has put forward new proposals concerning the resolution of the conflict in Abkhazia, which include broad political representation at the highest levels of the Georgian government, granting veto rights on all major legislation related to Abkhazia, and establishing international guarantees to ensure broad federalism, unlimited autonomy and security, |
| --- | --- |

F.

whereas no official high-level meetings have taken place between Georgian and Abkhaz representatives under the auspices of the United Nations (UN) since October 2007; whereas the Georgian President Mikheil Saakashvili has put forward new proposals concerning the resolution of the conflict in Abkhazia, which include broad political representation at the highest levels of the Georgian government, granting veto rights on all major legislation related to Abkhazia, and establishing international guarantees to ensure broad federalism, unlimited autonomy and security,

| G. | whereas Georgia has taken official steps calling for the revision of the current peacekeeping format or the replacement of the Russian peacekeeping contingent currently deployed in Abkhazia, |
| --- | --- |

G.

whereas Georgia has taken official steps calling for the revision of the current peacekeeping format or the replacement of the Russian peacekeeping contingent currently deployed in Abkhazia,

| H. | whereas on 15 May 2008 the UN General Assembly adopted resolution A/RES/62/249 recognising the right of ‘refugees and internally displaced persons and their descendants, regardless of ethnicity’ to return to Abkhazia and emphasising the importance of preserving the property rights of refugees and internally displaced persons, including victims of reported ‘ethnic cleansing’, |
| --- | --- |

H.

whereas on 15 May 2008 the UN General Assembly adopted resolution A/RES/62/249 recognising the right of ‘refugees and internally displaced persons and their descendants, regardless of ethnicity’ to return to Abkhazia and emphasising the importance of preserving the property rights of refugees and internally displaced persons, including victims of reported ‘ethnic cleansing’,

| I. | whereas the Tbilisi authorities have suspended bilateral talks with Moscow on Russia's accession to the World Trade Organization (WTO) in protest at the Russian decision to step up cooperation with the self-proclaimed republics of Abkhazia and South Ossetia; whereas the Russian ban on imports of Georgian wine and agricultural goods is still in place, |
| --- | --- |

I.

whereas the Tbilisi authorities have suspended bilateral talks with Moscow on Russia's accession to the World Trade Organization (WTO) in protest at the Russian decision to step up cooperation with the self-proclaimed republics of Abkhazia and South Ossetia; whereas the Russian ban on imports of Georgian wine and agricultural goods is still in place,

| J. | whereas a nationwide plebiscite took place in Georgia on 5 January 2008; whereas at NATO's 2-4 April 2008 summit in Bucharest no membership action plan was offered to Georgia but a political commitment for eventual membership was made, |
| --- | --- |

J.

whereas a nationwide plebiscite took place in Georgia on 5 January 2008; whereas at NATO's 2-4 April 2008 summit in Bucharest no membership action plan was offered to Georgia but a political commitment for eventual membership was made,

| K. | whereas Russia's granting of citizenship to Abkhazians and South Ossetians, enabling them to take advantage of the EU-Russia visa facilitation agreement, is increasingly disadvantaging Georgian citizens as a similar agreement between Georgia and the EU is not yet in place, |
| --- | --- |

K.

whereas Russia's granting of citizenship to Abkhazians and South Ossetians, enabling them to take advantage of the EU-Russia visa facilitation agreement, is increasingly disadvantaging Georgian citizens as a similar agreement between Georgia and the EU is not yet in place,

| L. | whereas, despite efforts to conduct Georgia's elections in line with international standards, the International Election Observation Mission to the Georgian parliamentary elections of 21 May 2008 identified some problems which should be addressed in due course, |
| --- | --- |

L.

whereas, despite efforts to conduct Georgia's elections in line with international standards, the International Election Observation Mission to the Georgian parliamentary elections of 21 May 2008 identified some problems which should be addressed in due course,

| 1. | Expresses its deep concern at the escalation of the situation in Abkhazia and calls on all parties to refrain from actions that could further destabilise the situation; calls for renewed international efforts to bring the parties back to dialogue and restart the peace process with a view to reaching a lasting and comprehensive settlement; |
| --- | --- |

1.

Expresses its deep concern at the escalation of the situation in Abkhazia and calls on all parties to refrain from actions that could further destabilise the situation; calls for renewed international efforts to bring the parties back to dialogue and restart the peace process with a view to reaching a lasting and comprehensive settlement;

| 2. | Expresses its deep disapproval at Russia's announcement that it would establish official ties with institutions within the separatist authorities of South Ossetia and Abkhazia; deplores, in this regard, the decision taken by the Russian Ministry of Defence on 31 May 2008 to send its forces to Abkhazia to restore the rail and road infrastructure in the breakaway region in accordance with the presidential decree; |
| --- | --- |

2.

Expresses its deep disapproval at Russia's announcement that it would establish official ties with institutions within the separatist authorities of South Ossetia and Abkhazia; deplores, in this regard, the decision taken by the Russian Ministry of Defence on 31 May 2008 to send its forces to Abkhazia to restore the rail and road infrastructure in the breakaway region in accordance with the presidential decree;

| 3. | Reaffirms its full support for the sovereignty and territorial integrity of Georgia within its internationally recognised borders and calls on Russia to revoke this decision, which undermines the international peace efforts in which Russia is also taking part; |
| --- | --- |

3.

Reaffirms its full support for the sovereignty and territorial integrity of Georgia within its internationally recognised borders and calls on Russia to revoke this decision, which undermines the international peace efforts in which Russia is also taking part;

| 4. | Supports the efforts that have been made to calm the situation through talks between the High Representative for the Common Foreign and Security Policy (CFSP), President Saakashvili and Russian Foreign Minister Sergey Viktorovich Lavrov; urges the EU Special Representative for the South Caucasus to find ways to facilitate a dialogue between all parties concerned, and to try to restore a degree of mutual confidence; |
| --- | --- |

4.

Supports the efforts that have been made to calm the situation through talks between the High Representative for the Common Foreign and Security Policy (CFSP), President Saakashvili and Russian Foreign Minister Sergey Viktorovich Lavrov; urges the EU Special Representative for the South Caucasus to find ways to facilitate a dialogue between all parties concerned, and to try to restore a degree of mutual confidence;

| 5. | Urges the Russian Federation to withdraw its additional troops in Abkhazia immediately; takes the view that the present peacekeeping format must be revised since the Russian troops have lost their role of neutral and impartial peacekeepers and calls for a deeper European involvement in these frozen conflicts in order to move the peace processes forward; |
| --- | --- |

5.

Urges the Russian Federation to withdraw its additional troops in Abkhazia immediately; takes the view that the present peacekeeping format must be revised since the Russian troops have lost their role of neutral and impartial peacekeepers and calls for a deeper European involvement in these frozen conflicts in order to move the peace processes forward;

| 6. | Calls on the Council to consider bolstering the international presence in the conflict zone by sending an European Security and Defence Policy (ESDP) border mission, drawing on the positive experience of the European Union Border Assistance Mission (EUBAM) at the Transnistrian section of the border between Moldova and Ukraine, while suggesting that the Member States could take a more active role in UNOMIG; calls on the UN to boost the mandate and the resources of UNOMIG; |
| --- | --- |

6.

Calls on the Council to consider bolstering the international presence in the conflict zone by sending an European Security and Defence Policy (ESDP) border mission, drawing on the positive experience of the European Union Border Assistance Mission (EUBAM) at the Transnistrian section of the border between Moldova and Ukraine, while suggesting that the Member States could take a more active role in UNOMIG; calls on the UN to boost the mandate and the resources of UNOMIG;

| 7. | Calls on the UN Security Council, the Organization for Security and Cooperation in Europe (OSCE) and other international organisations to support the proposals of the Georgian Government for new alternative negotiations and peacekeeping formats, which include the progressive establishment of truly independent international peacekeeping forces; |
| --- | --- |

7.

Calls on the UN Security Council, the Organization for Security and Cooperation in Europe (OSCE) and other international organisations to support the proposals of the Georgian Government for new alternative negotiations and peacekeeping formats, which include the progressive establishment of truly independent international peacekeeping forces;

| 8. | Calls, in this regard, on the Council and the Commission to raise the issues of Abkhazia and South Ossetia firmly with their Russian counterparts at the forthcoming EU-Russia summit and during the negotiations on a new strengthened partnership agreement, and urges the Russian authorities not to oppose an eventual ESDP mission in the region including an EU presence in civilian and military peacekeeping operations; |
| --- | --- |

8.

Calls, in this regard, on the Council and the Commission to raise the issues of Abkhazia and South Ossetia firmly with their Russian counterparts at the forthcoming EU-Russia summit and during the negotiations on a new strengthened partnership agreement, and urges the Russian authorities not to oppose an eventual ESDP mission in the region including an EU presence in civilian and military peacekeeping operations;

| 9. | Calls for an investigation and inspections by the UN into whether all relevant UN Security Council resolutions are being closely followed by all actors in the conflict zone, including whether heavy weaponry is present; |
| --- | --- |

9.

Calls for an investigation and inspections by the UN into whether all relevant UN Security Council resolutions are being closely followed by all actors in the conflict zone, including whether heavy weaponry is present;

| 10. | Takes note of the outcome of the parliamentary elections on 21 May 2008 and the findings of the International Election Observation Mission, which states that overall the election day was calm and generally was assessed positively, and that substantial progress has been made since the January presidential elections; |
| --- | --- |

10.

Takes note of the outcome of the parliamentary elections on 21 May 2008 and the findings of the International Election Observation Mission, which states that overall the election day was calm and generally was assessed positively, and that substantial progress has been made since the January presidential elections;

| 11. | Stresses, however, that further efforts have to be made in close cooperation with the international community to address and solve all the problems identified in the electoral process caused by the inconsistent and incomplete implementation of the OSCE and Council of Europe standards, and to improve and consolidate Georgia's democratic achievements; calls on the Georgian authorities to deal with all complaints about the electoral process in a transparent manner and to work on further improvement so that trust and confidence in the electoral process can increase further; |
| --- | --- |

11.

Stresses, however, that further efforts have to be made in close cooperation with the international community to address and solve all the problems identified in the electoral process caused by the inconsistent and incomplete implementation of the OSCE and Council of Europe standards, and to improve and consolidate Georgia's democratic achievements; calls on the Georgian authorities to deal with all complaints about the electoral process in a transparent manner and to work on further improvement so that trust and confidence in the electoral process can increase further;

| 12. | Calls on all political forces in Georgia to respect the rule of law, to commit themselves to constructive dialogue and compromise and to refrain from further polarising Georgian society; recognises that the lack of trust between the government and the opposition parties is an obstacle to further democratic development and expects all political forces to strive for a democratic political culture where political debates take place in parliament and political opponents are respected and constructive dialogue is aimed at supporting and consolidating Georgia's fragile democratic institutions; |
| --- | --- |

12.

Calls on all political forces in Georgia to respect the rule of law, to commit themselves to constructive dialogue and compromise and to refrain from further polarising Georgian society; recognises that the lack of trust between the government and the opposition parties is an obstacle to further democratic development and expects all political forces to strive for a democratic political culture where political debates take place in parliament and political opponents are respected and constructive dialogue is aimed at supporting and consolidating Georgia's fragile democratic institutions;

| 13. | Supports Georgia's aspirations to speed up the process of integration with the European Union in the framework of an enhanced ENP; |
| --- | --- |

13.

Supports Georgia's aspirations to speed up the process of integration with the European Union in the framework of an enhanced ENP;

| 14. | Calls on the Council and the Commission to speed up the opening of negotiations on the EU-Georgia visa regime in order to conclude the visa facilitation and readmission agreements with Georgia in the near future so as to ensure that citizens of Georgia are not disadvantaged in relation to those holding Russian passports in the separatist regions; |
| --- | --- |

14.

Calls on the Council and the Commission to speed up the opening of negotiations on the EU-Georgia visa regime in order to conclude the visa facilitation and readmission agreements with Georgia in the near future so as to ensure that citizens of Georgia are not disadvantaged in relation to those holding Russian passports in the separatist regions;

| 15. | Welcomes the Council Conclusions of 18 February 2008 on the ENP concerning the need to start negotiations on deep and comprehensive Free Trade Agreements (DFTAs) where possible; urges the Commission to seek a rapid agreement with Georgia on its ambitions and to secure a negotiation mandate from the Member States; hopes for further progress on this matter during the French Presidency; |
| --- | --- |

15.

Welcomes the Council Conclusions of 18 February 2008 on the ENP concerning the need to start negotiations on deep and comprehensive Free Trade Agreements (DFTAs) where possible; urges the Commission to seek a rapid agreement with Georgia on its ambitions and to secure a negotiation mandate from the Member States; hopes for further progress on this matter during the French Presidency;

| 16. | Welcomes the setting-up of the EU-Georgia Subcommittee on Justice, Freedom and Security with a view to stepping up the bilateral dialogue and implementing the ENP Action Plan; |
| --- | --- |

16.

Welcomes the setting-up of the EU-Georgia Subcommittee on Justice, Freedom and Security with a view to stepping up the bilateral dialogue and implementing the ENP Action Plan;

| 17. | Hopes that Georgia will make full use of the additional financial possibilities provided by the Neighbourhood Investment Facility (NIF), in particular in projects relating to infrastructure, energy and environmental protection, but calls on the Commission to pay increased attention to education, democracy building and social areas; |
| --- | --- |

17.

Hopes that Georgia will make full use of the additional financial possibilities provided by the Neighbourhood Investment Facility (NIF), in particular in projects relating to infrastructure, energy and environmental protection, but calls on the Commission to pay increased attention to education, democracy building and social areas;

| 18. | Instructs its President to forward this resolution to the Council, the Commission and the Member States, the President and parliament of Georgia, the OSCE, the Council of Europe and the President and parliament of the Russian Federation. |
| --- | --- |

18.

Instructs its President to forward this resolution to the Council, the Commission and the Member States, the President and parliament of Georgia, the OSCE, the Council of Europe and the President and parliament of the Russian Federation.

---

(1)  OJ C 313 E, 20.12.2006, p. 429.

(2)  Texts Adopted, P6_TA(2007)0572.

(3)  Texts Adopted, P6_TA(2007)0538.

(4)  Texts Adopted, P6_TA(2008)0016.

(5)  Texts Adopted, P6_TA(2008)0017.

(6)  OJ L 205, 4.8.1999, p. 3.

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| 26.11.2009 | EN | Official Journal of the European Union | CE 285/11 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/11

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Thursday 5 June 20082006 Annual report on the CFSP

P6_TA(2008)0254

European Parliament resolution of 5 June 2008 on the annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy (CFSP) presented to the European Parliament in application of point G, paragraph43 of the Interinstitutional Agreement of 17 May 2006 — 2006 (2007/2219(INI))

2009/C 285 E/03

The European Parliament,

having regard to the annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy (CFSP), presented to the European Parliament in application of point G, paragraph 43 of the Interinstitutional Agreement of 17 May 2006 — 2006,

having regard to Article 21 of the EU Treaty,

having regard to the Treaty amending the Treaty on European Union and the Treaty establishing the European Community (Treaty of Lisbon), signed on 13 December 2007 in Lisbon, and the Charter of Fundamental Rights of the European Union proclaimed on 12 December 2007,

having regard to the European Security Strategy (ESS) adopted by the European Council on 12 December 2003,

having regard to the abovementioned Interinstutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1),

having regard to the Presidency Conclusions of the Brussels European Council of 14 December 2007 and its call for a swift completion of national ratification processes with a view to the entry into force of the Treaty of Lisbon on 1 January 2009,

having regard to the Presidency Conclusions of the Brussels European Council of 15-16 December 2005 on the Financial Perspective 2007-2013,

having regard to its resolution of 20 February 2008 on the Treaty of Lisbon (2), including the opinion thereon of Parliament's Committee on Foreign Affairs of 22 January 2008,

having regard to its resolution of 23 May 2007 on the annual report from the Council to the European Parliament on the main aspects and basic choices of CFSP, including the financial implications for the general budget of the European Union — 2005 (3),

having regard to its resolution of 16 November 2006 on the implementation of the European Security Strategy in the context of the ESDP (4),

having regard to its resolution of 16 February 2006 on new financial instruments for development in connection with the Millennium Goals (5),

having regard to its resolutions of 10 May and 14 November 2007 on the EU-Russia Summits (6) and of 19 June 2007 on EU economic and trade relations with Russia (7),

having regard to its resolutions of 1 June 2006 on improving EU-US relations in the framework of a Transatlantic Partnership Agreement and on EU-US transatlantic economic relations (8), and to its resolution of 25 April 2007 on transatlantic relations (9),

having regard to its resolution of 12 July 2007 on the Middle East (10),

having regard to its resolution of 13 December 2007 on the EU-China Summit and the EU-China human rights dialogue (11),

having regard to its resolution of 25 October 2007 on the state of play of EU-Africa relations (12) and of 10 May 2007 on the Horn of Africa: EU Regional political partnership for peace, security and development (13),

having regard to its resolution of 10 May 2007 on reforms in the Arab world: what strategy should the European Union adopt? (14),

having regard to its resolution of 27 April 2006 on a stronger partnership between the European Union and Latin America (15),

having regard to its resolution of 18 January 2006 (16) and to the conclusions of the General Affairs and External Relations Council of 10 March 2008 on Afghanistan,

having regard to its resolution of 10 March 2005 on the Non-Proliferation Treaty 2005 Review Conference — Nuclear arms in North Korea and Iran (17), making it clear that ‘No Say, No Pay’ is a principle which the EU will follow in its dealings with the Korean peninsula,

having regard to its resolution of 25 October 2007 on Iran (18),

having regard to its resolution of 25 October 2007 on a the Draft Commission decision establishing a Special Measure 2007 for Iraq (19),

having regard to its resolution of 26 September 2007 on towards a common European foreign policy on energy (20),

having regard to its resolutions of 15 November 2007 on limiting global climate change to 2 degrees Celsius — the way ahead for the Bali Conference on Climate Change and beyond (COP 13 and COP/MOP 3) and of 29 November 2007 on trade and climate change (21), as well as to the Presidency Conclusions of the Brussels European Council of 13-14 March 2008 on Climate Change and Energy and the paper presented to it by the High Representative of the EU and the European Commission, concerning Climate Change and International Security (22),

having regard to its resolution of 12 December 2007 on the fight against terrorism (23),

having regard to its resolutions of 26 April 2007 on the Annual Report on Human Rights in the World 2006 and the EU's policy on the matter (24) and of 6 September 2007 on the functioning of the human rights dialogues and consultations on human rights with third countries (25),

having regard to its resolution of 13 December 2006 on the institutional aspects of the European Union's capacity to integrate new Member States (26),

having regard to its resolutions of 13 December 2006 on the Commission's Communication on the Enlargement Strategy and Main Challenges 2006-2007 (27) and of 15 November 2007 on strengthening the European Neighbourhood Policy (28),

having regard to its resolution of 17 January 2008 on a Black Sea Regional Policy Approach (29),

having regard to its recommendation to the Council of 25 October 2007 on relations between the European Union and Serbia (30),

having regard to Rule 112(1) of its Rules of Procedure,

having regard to the report of the Committee on Foreign Affairs (A6-0189/2008),

| A. | whereas a clear definition of the interests of the Union is essential in order to attain the goals of the Union's external action and in particular of its foreign affairs policy, |
| --- | --- |

A.

whereas a clear definition of the interests of the Union is essential in order to attain the goals of the Union's external action and in particular of its foreign affairs policy,

| B. | whereas increased political unity within the European Union is necessary in order to strengthen and make effective the value-driven CFSP, since otherwise the credibility of the European Union as a global player risks being undermined, as has happened in the way in which the EU has dealt with China, Russia, Iraq, Afghanistan, Cuba and energy security; whereas it is to be hoped that the Lisbon Treaty and the strengthened role of the High Representative will facilitate a more forward-looking and long-term foreign policy strategy and the establishment of a comprehensive approach that commands the support of all Member States, |
| --- | --- |

B.

whereas increased political unity within the European Union is necessary in order to strengthen and make effective the value-driven CFSP, since otherwise the credibility of the European Union as a global player risks being undermined, as has happened in the way in which the EU has dealt with China, Russia, Iraq, Afghanistan, Cuba and energy security; whereas it is to be hoped that the Lisbon Treaty and the strengthened role of the High Representative will facilitate a more forward-looking and long-term foreign policy strategy and the establishment of a comprehensive approach that commands the support of all Member States,

| C. | whereas the Treaty of Lisbon clearly improves the CFSP arrangements currently in force, thus raising the Union's international profile and enhancing its effectiveness; whereas, nevertheless, further efforts are needed in order to streamline the decision-making process as regards foreign policy with a view to overcoming the veto power and introducing qualified majority voting, |
| --- | --- |

C.

whereas the Treaty of Lisbon clearly improves the CFSP arrangements currently in force, thus raising the Union's international profile and enhancing its effectiveness; whereas, nevertheless, further efforts are needed in order to streamline the decision-making process as regards foreign policy with a view to overcoming the veto power and introducing qualified majority voting,

| D. | whereas the pressure of crises and conflicts beyond the EU's borders and the need to deal with alarming new challenges created by the rapid climate change suggest a wider perspective for the CFSP, |
| --- | --- |

D.

whereas the pressure of crises and conflicts beyond the EU's borders and the need to deal with alarming new challenges created by the rapid climate change suggest a wider perspective for the CFSP,

| E. | whereas, in order to be credible, the CFSP and the future Common Security and Defence Policy (CSDP) must be allocated resources in line with their ambitions and specific targets, and whereas in this regard a significant increase is considered necessary during the mid-term review of the Financial Perspectives in 2009 and from other financial sources, |
| --- | --- |

E.

whereas, in order to be credible, the CFSP and the future Common Security and Defence Policy (CSDP) must be allocated resources in line with their ambitions and specific targets, and whereas in this regard a significant increase is considered necessary during the mid-term review of the Financial Perspectives in 2009 and from other financial sources,

Principles

| 1. | Is of the opinion that, from its inception, the CFSP, including the European Security and Defence Policy (ESDP), has helped to strengthen the European identity and the EU's role as a global player; |
| --- | --- |

1.

Is of the opinion that, from its inception, the CFSP, including the European Security and Defence Policy (ESDP), has helped to strengthen the European identity and the EU's role as a global player;

| 2. | Takes the view, nevertheless, that the EU's role in the world is not commensurate to its potential and to the expectations of European public opinion, due to the reluctance of the Member States to adopt the necessary and indispensable reforms aimed at enhancing the effectiveness, coherence and accountability of its foreign policy; |
| --- | --- |

2.

Takes the view, nevertheless, that the EU's role in the world is not commensurate to its potential and to the expectations of European public opinion, due to the reluctance of the Member States to adopt the necessary and indispensable reforms aimed at enhancing the effectiveness, coherence and accountability of its foreign policy;

| 3. | Believes that, since the European Union is a community based on values, in order to be a credible global player it has to uphold its high standards in external relations, and that the CFSP must therefore be underpinned by the values which the European Union and its Member States cherish, notably democracy, the rule of law and respect for human rights and fundamental freedoms, as key objectives of the CFSP; |
| --- | --- |

3.

Believes that, since the European Union is a community based on values, in order to be a credible global player it has to uphold its high standards in external relations, and that the CFSP must therefore be underpinned by the values which the European Union and its Member States cherish, notably democracy, the rule of law and respect for human rights and fundamental freedoms, as key objectives of the CFSP;

| 4. | Points out, in this regard, that the EU's strong energy dependence on non-democratic countries may undermine the coherence, assertiveness and sustainability of its common foreign policy; |
| --- | --- |

4.

Points out, in this regard, that the EU's strong energy dependence on non-democratic countries may undermine the coherence, assertiveness and sustainability of its common foreign policy;

| 5. | Strongly believes that the European Union can make an impact and conduct a genuine, effective and credible CFSP only if it clearly defines its common objectives, provides itself with the appropriate instruments, in such a way as to ensure consistency between objectives and means, speaks with one voice and enjoys the strong democratic legitimacy afforded by Parliament's scrutiny; at the same time, considers that the key objectives of the CFSP can only be attained if Parliament itself speaks with a common voice and, in this respect, encourages a clearer delimitation of competences between its specialised bodies dealing with the CFSP, from a thematic and geographical perspective; |
| --- | --- |

5.

Strongly believes that the European Union can make an impact and conduct a genuine, effective and credible CFSP only if it clearly defines its common objectives, provides itself with the appropriate instruments, in such a way as to ensure consistency between objectives and means, speaks with one voice and enjoys the strong democratic legitimacy afforded by Parliament's scrutiny; at the same time, considers that the key objectives of the CFSP can only be attained if Parliament itself speaks with a common voice and, in this respect, encourages a clearer delimitation of competences between its specialised bodies dealing with the CFSP, from a thematic and geographical perspective;

| 6. | Calls on the Member States to commit themselves to consult their EU partners and the High Representative before adopting strategic decisions in the area of foreign policy, particularly in multilateral organisations, in order that their positions with respect to strategic decisions are at least coherent, convergent and compatible and do not affect the coherence and cohesion of the EU's external action or undermine the EU's credibility as a global player vis-à-vis third countries; |
| --- | --- |

6.

Calls on the Member States to commit themselves to consult their EU partners and the High Representative before adopting strategic decisions in the area of foreign policy, particularly in multilateral organisations, in order that their positions with respect to strategic decisions are at least coherent, convergent and compatible and do not affect the coherence and cohesion of the EU's external action or undermine the EU's credibility as a global player vis-à-vis third countries;

The 2006 Annual Report on CFSP and relations between the EU institutions

| 7. | Takes note of the 2006 Annual Report on the CFSP from the Council; |
| --- | --- |

7.

Takes note of the 2006 Annual Report on the CFSP from the Council;

| 8. | While recognising progress in the structure of the report, especially the inclusion of more forward-looking planning alongside the description of activities carried out in the previous year, expects the Council to take into account for the next annual report the relevant resolutions and/or recommendations adopted by Parliament; |
| --- | --- |

8.

While recognising progress in the structure of the report, especially the inclusion of more forward-looking planning alongside the description of activities carried out in the previous year, expects the Council to take into account for the next annual report the relevant resolutions and/or recommendations adopted by Parliament;

| 9. | Is of the view that Parliament should more systematically adopt positions on each successive stage of CFSP and ESDP decision-making; recommends that, in order to enhance their democratic legitimacy, common positions and joint actions should where appropriate take into account, and contain references to, those positions adopted by Parliament; |
| --- | --- |

9.

Is of the view that Parliament should more systematically adopt positions on each successive stage of CFSP and ESDP decision-making; recommends that, in order to enhance their democratic legitimacy, common positions and joint actions should where appropriate take into account, and contain references to, those positions adopted by Parliament;

| 10. | Recognises that considerable progress has been achieved in relations between the Council and Parliament, especially through the establishment of new and more flexible channels of communication; considers, however that Parliament has to adopt a firmer position in relation to the issues discussed, which should be systematically dealt with in the Council; points out that progress has also been achieved through the increased contacts between the institutions, including regular exchanges of views with the High Representative and more frequent appearances by EU Special Representatives as well as other senior officials before Parliament; however, considers that there is room for further progress, particularly with regard to the timing of such appearances, which should also reflect the agenda of Parliament and its competent bodies; |
| --- | --- |

10.

Recognises that considerable progress has been achieved in relations between the Council and Parliament, especially through the establishment of new and more flexible channels of communication; considers, however that Parliament has to adopt a firmer position in relation to the issues discussed, which should be systematically dealt with in the Council; points out that progress has also been achieved through the increased contacts between the institutions, including regular exchanges of views with the High Representative and more frequent appearances by EU Special Representatives as well as other senior officials before Parliament; however, considers that there is room for further progress, particularly with regard to the timing of such appearances, which should also reflect the agenda of Parliament and its competent bodies;

| 11. | Welcomes the growing recognition that the legitimacy and coherence of the CFSP/ESDP depend to a great degree on the growing willingness of the High Representative and his services to cooperate with Parliament, as well as the Council Presidency's readiness to engage with Parliament; |
| --- | --- |

11.

Welcomes the growing recognition that the legitimacy and coherence of the CFSP/ESDP depend to a great degree on the growing willingness of the High Representative and his services to cooperate with Parliament, as well as the Council Presidency's readiness to engage with Parliament;

Parliament's priorities regarding certain horizontal aspects for 2008

| 12. | Proposes that priority be given in 2008 to a limited number of subjects which better relate to the concerns of European citizens and to their expectations as regards the role to be played by the EU in international affairs; |
| --- | --- |

12.

Proposes that priority be given in 2008 to a limited number of subjects which better relate to the concerns of European citizens and to their expectations as regards the role to be played by the EU in international affairs;

| 13. | Urges the Council and the Commission to address jointly, and with a greater sense of urgency, issues of current concern for Europe such as terrorism, organised crime, improving security through cooperation and development, energy security, climate change, sustainable development, improvement of stability in the neighbouring regions, crisis management, conflict prevention and conflict resolution, the non-dissemination of weapons of mass destruction (WMD), migration management and promotion of human rights and civil liberties; welcomes the report by the Commission and the High Representative to the European Council on climate change and international security; calls on the Council to examine the report and to submit recommendations on appropriate follow-up; underlines the importance of the external dimension as a cornerstone for the setting-up of a European area of Freedom, Security and Justice; |
| --- | --- |

13.

Urges the Council and the Commission to address jointly, and with a greater sense of urgency, issues of current concern for Europe such as terrorism, organised crime, improving security through cooperation and development, energy security, climate change, sustainable development, improvement of stability in the neighbouring regions, crisis management, conflict prevention and conflict resolution, the non-dissemination of weapons of mass destruction (WMD), migration management and promotion of human rights and civil liberties; welcomes the report by the Commission and the High Representative to the European Council on climate change and international security; calls on the Council to examine the report and to submit recommendations on appropriate follow-up; underlines the importance of the external dimension as a cornerstone for the setting-up of a European area of Freedom, Security and Justice;

| 14. | Invites the High Representative to assess the progress made, and any shortcomings, in the implementation of the ESS since 2003, including proposals for improving and supplementing the ESS; believes that respect for international law, effective multilateralism, human security and the right of citizens worldwide to be protected, conflict prevention, disarmament and the role of international institutions should become the guiding principles of the EU's external action; is of the opinion that such evaluation should form the basis for a wider public political debate; underlines that any future assessment of the ESS should be made in close consultation with all EU institutions including the European Parliament and national parliaments; is of the opinion that the ESS should be revised in such a way as to include an in-depth analysis of the present mission and future direction of NATO and NATO's relationship with the European Union at strategic and operational levels, as well as an analysis of the security ramifications of further NATO enlargement; invites the European Council to formulate, for the first time, a coherent position on EU-NATO policy that will serve not only to revitalise transatlantic relations but also to provide support for the early development of ESDP as envisaged under the Treaty of Lisbon; |
| --- | --- |

14.

Invites the High Representative to assess the progress made, and any shortcomings, in the implementation of the ESS since 2003, including proposals for improving and supplementing the ESS; believes that respect for international law, effective multilateralism, human security and the right of citizens worldwide to be protected, conflict prevention, disarmament and the role of international institutions should become the guiding principles of the EU's external action; is of the opinion that such evaluation should form the basis for a wider public political debate; underlines that any future assessment of the ESS should be made in close consultation with all EU institutions including the European Parliament and national parliaments; is of the opinion that the ESS should be revised in such a way as to include an in-depth analysis of the present mission and future direction of NATO and NATO's relationship with the European Union at strategic and operational levels, as well as an analysis of the security ramifications of further NATO enlargement; invites the European Council to formulate, for the first time, a coherent position on EU-NATO policy that will serve not only to revitalise transatlantic relations but also to provide support for the early development of ESDP as envisaged under the Treaty of Lisbon;

| 15. | Calls on the Council to consider setting up appropriate structures and procedures and also improving the functioning of the existing ones, in order for the EU to develop the capacity to react rapidly in crisis situations; also calls for the development of a legal framework which defines the right to intervene and the obligation to protect in crisis situations, including the decision-making procedures and the due responsibilities in such situations; |
| --- | --- |

15.

Calls on the Council to consider setting up appropriate structures and procedures and also improving the functioning of the existing ones, in order for the EU to develop the capacity to react rapidly in crisis situations; also calls for the development of a legal framework which defines the right to intervene and the obligation to protect in crisis situations, including the decision-making procedures and the due responsibilities in such situations;

| 16. | Is of the view that the importance of the foreign policy dimension of energy security, including the Union's dependence on energy and other strategic supplies from unstable or undemocratic countries and regions, will continue to increase; recommends wide-ranging diversification of energy sources and energy transport routes and increased energy efficiency as well as solidarity in energy security policy among Member States; deplores the uncoordinated signing of bilateral energy agreements by Member States, which undermine the interests, and call into question the strategic projects, of the Union as a whole and of other Member States; underlines, in this connection, the strategic importance of the Nabucco pipeline for the energy security of the European Union and calls on the Commission and the Council to mobilise all efforts aimed at successful implementation of this project as soon as possible; reiterates its call for the creation of the post of High Official for Foreign Energy Policy under the authority of the future double-hatted High Representative/Vice-President of the Commission, with responsibility for coordinating the Union's activities in this field; regrets the lack of response from the Council and the Commission to Parliament's abovementioned resolution of 26 September 2007; |
| --- | --- |

16.

Is of the view that the importance of the foreign policy dimension of energy security, including the Union's dependence on energy and other strategic supplies from unstable or undemocratic countries and regions, will continue to increase; recommends wide-ranging diversification of energy sources and energy transport routes and increased energy efficiency as well as solidarity in energy security policy among Member States; deplores the uncoordinated signing of bilateral energy agreements by Member States, which undermine the interests, and call into question the strategic projects, of the Union as a whole and of other Member States; underlines, in this connection, the strategic importance of the Nabucco pipeline for the energy security of the European Union and calls on the Commission and the Council to mobilise all efforts aimed at successful implementation of this project as soon as possible; reiterates its call for the creation of the post of High Official for Foreign Energy Policy under the authority of the future double-hatted High Representative/Vice-President of the Commission, with responsibility for coordinating the Union's activities in this field; regrets the lack of response from the Council and the Commission to Parliament's abovementioned resolution of 26 September 2007;

| 17. | Regrets the lack of progress towards a common European foreign policy on energy and deplores the bilateralism of action adopted by certain Member States, which considerably weakens the bargaining power of the European Union as a whole and its efforts towards a common foreign policy on energy; reiterates its view that such a policy must be based on solidarity and supported by an effective and well interconnected internal market equipped with all the tools needed to counteract monopolistic and politically motivated non-commercial behaviour which may constitute a threat to the Community's energy security; therefore welcomes and strongly supports the third-country clause included in the third energy package; |
| --- | --- |

17.

Regrets the lack of progress towards a common European foreign policy on energy and deplores the bilateralism of action adopted by certain Member States, which considerably weakens the bargaining power of the European Union as a whole and its efforts towards a common foreign policy on energy; reiterates its view that such a policy must be based on solidarity and supported by an effective and well interconnected internal market equipped with all the tools needed to counteract monopolistic and politically motivated non-commercial behaviour which may constitute a threat to the Community's energy security; therefore welcomes and strongly supports the third-country clause included in the third energy package;

| 18. | Reiterates that terrorism, as a means used by non-democracies or terrorist organisations, constitutes one of the main threats to the EU's security, and welcomes the efforts made by the EU Counter-Terrorism Coordinator to consolidate implementation of the EU counter-terrorism strategy; notes that the fight against terrorism must be conducted with due respect for the universal values of democracy, the rule of law, human rights and fundamental freedoms, and the protection thereof, in close cooperation with international partners and in keeping with the strategy laid down by the United Nations (UN); is of the view that an effective fight against terrorism must be a key priority in relations between the EU and third countries; |
| --- | --- |

18.

Reiterates that terrorism, as a means used by non-democracies or terrorist organisations, constitutes one of the main threats to the EU's security, and welcomes the efforts made by the EU Counter-Terrorism Coordinator to consolidate implementation of the EU counter-terrorism strategy; notes that the fight against terrorism must be conducted with due respect for the universal values of democracy, the rule of law, human rights and fundamental freedoms, and the protection thereof, in close cooperation with international partners and in keeping with the strategy laid down by the United Nations (UN); is of the view that an effective fight against terrorism must be a key priority in relations between the EU and third countries;

| 19. | Reiterates the importance of orderly migration management; considers it essential, therefore, to secure the cooperation of both countries of origin and transit countries, and to encourage this by applying a policy of positive conditionality; points to the need to avert illegal immigration and to fight the groups that traffic in it; |
| --- | --- |

19.

Reiterates the importance of orderly migration management; considers it essential, therefore, to secure the cooperation of both countries of origin and transit countries, and to encourage this by applying a policy of positive conditionality; points to the need to avert illegal immigration and to fight the groups that traffic in it;

| 20. | Reiterates that strengthening global governance, international institutions and the value of international law remains a vital interest for the Union's external action; underlines in this regard the crucial role to be played by the UN in support of effective multilateralism, and stresses that the Union must stand united while urging its partners to pursue the development and consolidation of democracy, human rights and the rule of law, as a common basis for a prosperous and secure world; reaffirms its commitment to the UN Millennium Development Goals, in particular the global fight against poverty; |
| --- | --- |

20.

Reiterates that strengthening global governance, international institutions and the value of international law remains a vital interest for the Union's external action; underlines in this regard the crucial role to be played by the UN in support of effective multilateralism, and stresses that the Union must stand united while urging its partners to pursue the development and consolidation of democracy, human rights and the rule of law, as a common basis for a prosperous and secure world; reaffirms its commitment to the UN Millennium Development Goals, in particular the global fight against poverty;

| 21. | Is of the view that, in the pursuit of global governance, particular attention must be paid to the role played by sovereign wealth funds and analogous state economic players, which should be encouraged to operate with maximum transparency and accountability; |
| --- | --- |

21.

Is of the view that, in the pursuit of global governance, particular attention must be paid to the role played by sovereign wealth funds and analogous state economic players, which should be encouraged to operate with maximum transparency and accountability;

| 22. | Considers it important for the EU to make a greater effort to enhance and consolidate its policies for worldwide support of democracy; therefore regards it as essential to place such support at the heart of the CFSP and to ensure coherence between the actions of the EU institutions and the Member States; |
| --- | --- |

22.

Considers it important for the EU to make a greater effort to enhance and consolidate its policies for worldwide support of democracy; therefore regards it as essential to place such support at the heart of the CFSP and to ensure coherence between the actions of the EU institutions and the Member States;

| 23. | Insists on the need for the effective implementation of human rights clauses and of non-proliferation and counter-terrorism provisions and the inclusion of an energy security clause in agreements with third countries, in order to ensure the coherence and effectiveness of the EU's external policies; |
| --- | --- |

23.

Insists on the need for the effective implementation of human rights clauses and of non-proliferation and counter-terrorism provisions and the inclusion of an energy security clause in agreements with third countries, in order to ensure the coherence and effectiveness of the EU's external policies;

| 24. | Insists on the need to continue to press for implementation at international level of the EU strategy against the spread of WMD, to work actively for the retention of the existing arms control and disarmament system, in particular for the entry into force of the Comprehensive Nuclear Test Ban Treaty, the consistent implementation and comprehensive monitoring of the Chemical Weapons Convention, an international ban on cluster munitions and universal application of the Ottawa Convention banning landmines, to place greater emphasis on initiatives to control the small-arms trade and other disarmament and non-proliferation initiatives and issues, and to strengthen multilateral non-proliferation treaties and provide the financial means to implement the EU's WMD strategy; calls on the EU and the Member States to play a positive and effective role in ending the ongoing deadlock at the Geneva Disarmament Conference and to take steps to ensure that the negotiations result in a non-discriminatory, multilateral, international and effectively verifiable treaty banning the production of fissile material for nuclear weapons; |
| --- | --- |

24.

Insists on the need to continue to press for implementation at international level of the EU strategy against the spread of WMD, to work actively for the retention of the existing arms control and disarmament system, in particular for the entry into force of the Comprehensive Nuclear Test Ban Treaty, the consistent implementation and comprehensive monitoring of the Chemical Weapons Convention, an international ban on cluster munitions and universal application of the Ottawa Convention banning landmines, to place greater emphasis on initiatives to control the small-arms trade and other disarmament and non-proliferation initiatives and issues, and to strengthen multilateral non-proliferation treaties and provide the financial means to implement the EU's WMD strategy; calls on the EU and the Member States to play a positive and effective role in ending the ongoing deadlock at the Geneva Disarmament Conference and to take steps to ensure that the negotiations result in a non-discriminatory, multilateral, international and effectively verifiable treaty banning the production of fissile material for nuclear weapons;

Parliament's priorities in the geographical areas for 2008

| 25. | Is of the view that the Union's enlargement process, based on Article 49 of the EU Treaty, remains a key foreign policy priority and that it should be based on the Union's capacity to integrate new Member States (taking account of the impact of enlargement on its institutions, its financial resources and its capacity to pursue its political objectives); |
| --- | --- |

25.

Is of the view that the Union's enlargement process, based on Article 49 of the EU Treaty, remains a key foreign policy priority and that it should be based on the Union's capacity to integrate new Member States (taking account of the impact of enlargement on its institutions, its financial resources and its capacity to pursue its political objectives);

| 26. | Considers that stability in the Western Balkans should be the top priority for the EU in 2008, in line with the Council's view as set out in its Annual Report for 2006; therefore attaches the utmost importance to the redoubling of efforts to bring the Western Balkans closer to the EU, including the introduction of a visa-free regime, the stepping-up of regional cooperation in areas such as trade, transport, energy and the participation of Western Balkans countries in Community programmes; believes that the stronger emphasis on economic and social issues which this involves would facilitate and underpin those countries' preparations for EU accession, in line with the Thessaloniki Agenda; stresses the importance of involving civil society in the accession process; |
| --- | --- |

26.

Considers that stability in the Western Balkans should be the top priority for the EU in 2008, in line with the Council's view as set out in its Annual Report for 2006; therefore attaches the utmost importance to the redoubling of efforts to bring the Western Balkans closer to the EU, including the introduction of a visa-free regime, the stepping-up of regional cooperation in areas such as trade, transport, energy and the participation of Western Balkans countries in Community programmes; believes that the stronger emphasis on economic and social issues which this involves would facilitate and underpin those countries' preparations for EU accession, in line with the Thessaloniki Agenda; stresses the importance of involving civil society in the accession process;

| 27. | Is of the view that dialogue with Serbia should be intensified and that concrete steps should be taken in order to reaffirm the European perspective of that country; regards the signing of the Stability and Association Agreement as a concrete move towards the future accession of Serbia to the EU; encourages substantial assistance, implementation of mutually made commitments and cooperation measures, including the visa liberalisation road-map; underlines that particular emphasis should be placed on strengthening ties with all democratic forces and civil society in areas of common interest; considers that the EU should develop adequate policies and initiate appropriate processes in order to avoid Serbia's isolation; |
| --- | --- |

27.

Is of the view that dialogue with Serbia should be intensified and that concrete steps should be taken in order to reaffirm the European perspective of that country; regards the signing of the Stability and Association Agreement as a concrete move towards the future accession of Serbia to the EU; encourages substantial assistance, implementation of mutually made commitments and cooperation measures, including the visa liberalisation road-map; underlines that particular emphasis should be placed on strengthening ties with all democratic forces and civil society in areas of common interest; considers that the EU should develop adequate policies and initiate appropriate processes in order to avoid Serbia's isolation;

| 28. | Refers to the conclusions of the General Affairs and External Relations Council held on 18 February 2008, in which the Council noted the adoption by the Kosovo Assembly on 17 February 2008 of a resolution declaring Kosovo to be independent and in which the Council also stated that Member States will decide in accordance with national practice and international law on their relations with Kosovo; |
| --- | --- |

28.

Refers to the conclusions of the General Affairs and External Relations Council held on 18 February 2008, in which the Council noted the adoption by the Kosovo Assembly on 17 February 2008 of a resolution declaring Kosovo to be independent and in which the Council also stated that Member States will decide in accordance with national practice and international law on their relations with Kosovo;

| 29. | Takes the view that the European Union Rule of Law (EULEX) mission in Kosovo must safeguard the interests of national minorities as provided for by the Ahtisaari plan in order to preserve the multi-ethnic character of the territory, build confidence among ethnic communities, protect the cultural, religious and historical heritage, consolidate the rule of law and promote economic development; points out that the local ownership of these efforts will ensure a successful transition and sustainable social, political and economic development of Kosovo; voices its concern about the stalemate in negotiations on the transfer of responsibilities from the United Nations Interim Administration Mission in Kosovo (UNMIK) to EULEX; calls on the Member States to take concerted action in the UN with a view to securing recognition of the EULEX mission as part of the international civilian presence in Kosovo under UN Security Council Resolution 1244(1999); |
| --- | --- |

29.

Takes the view that the European Union Rule of Law (EULEX) mission in Kosovo must safeguard the interests of national minorities as provided for by the Ahtisaari plan in order to preserve the multi-ethnic character of the territory, build confidence among ethnic communities, protect the cultural, religious and historical heritage, consolidate the rule of law and promote economic development; points out that the local ownership of these efforts will ensure a successful transition and sustainable social, political and economic development of Kosovo; voices its concern about the stalemate in negotiations on the transfer of responsibilities from the United Nations Interim Administration Mission in Kosovo (UNMIK) to EULEX; calls on the Member States to take concerted action in the UN with a view to securing recognition of the EULEX mission as part of the international civilian presence in Kosovo under UN Security Council Resolution 1244(1999);

| 30. | Stresses that the situation of minorities in all the countries of the Western Balkans should be the subject of further thorough monitoring by the EU in order to ensure effective protection of all minority groups and their rights, and that further consistent progress should be made in this field in line with European standards; believes that advantage should be taken of the 2008 Year of Intercultural Dialogue in order to promote mutual understanding and education designed to inculcate tolerance; |
| --- | --- |

30.

Stresses that the situation of minorities in all the countries of the Western Balkans should be the subject of further thorough monitoring by the EU in order to ensure effective protection of all minority groups and their rights, and that further consistent progress should be made in this field in line with European standards; believes that advantage should be taken of the 2008 Year of Intercultural Dialogue in order to promote mutual understanding and education designed to inculcate tolerance;

| 31. | Further underlines that the strengthening of the European Neighbourhood Policy (ENP) should be regarded as a main objective for 2008, and that this should lead to a more differentiated approach to our neighbours which takes due account of their expectations and of the Union's strategic interests; believes that this revamped policy should make better and more extensive use of available Community instruments; |
| --- | --- |

31.

Further underlines that the strengthening of the European Neighbourhood Policy (ENP) should be regarded as a main objective for 2008, and that this should lead to a more differentiated approach to our neighbours which takes due account of their expectations and of the Union's strategic interests; believes that this revamped policy should make better and more extensive use of available Community instruments;

| 32. | Reiterates that the persistence of unresolved conflicts in the ENP countries represents a serious challenge to the security of the EU's external borders and to the effective implementation of the ENP; underlines that, with the 2007 enlargement, the EU's borders lie even closer to these areas of conflict; calls, therefore, for more active and comprehensive EU involvement in the ongoing efforts to resolve these conflicts, in particular that in the Transnistrian area of the Republic of Moldova, in accordance with international law and the principles of territorial integrity, and also for a deeper engagement on the part of the EU in conflict management; |
| --- | --- |

32.

Reiterates that the persistence of unresolved conflicts in the ENP countries represents a serious challenge to the security of the EU's external borders and to the effective implementation of the ENP; underlines that, with the 2007 enlargement, the EU's borders lie even closer to these areas of conflict; calls, therefore, for more active and comprehensive EU involvement in the ongoing efforts to resolve these conflicts, in particular that in the Transnistrian area of the Republic of Moldova, in accordance with international law and the principles of territorial integrity, and also for a deeper engagement on the part of the EU in conflict management;

| 33. | Believes that the Union should focus attention on developing economic cooperation, political stability and democracy in the three key regional cooperation areas, namely the Mediterranean, the Baltic Sea and the Black Sea, by utilising cooperative structures in those areas, by consolidating synergy between institutional and regional policies, and by assisting the countries in those regions in their integration processes; welcomes the intention expressed by the European Council of 13-14 March 2007 to boost the Barcelona Process; reiterates the importance of achieving tangible results in the Euro-Mediterranean region where respect for human rights and economic and social development in countries on the southern shore of the Mediterranean should be promoted and where attention should focus more on energy and environmental challenges; |
| --- | --- |

33.

Believes that the Union should focus attention on developing economic cooperation, political stability and democracy in the three key regional cooperation areas, namely the Mediterranean, the Baltic Sea and the Black Sea, by utilising cooperative structures in those areas, by consolidating synergy between institutional and regional policies, and by assisting the countries in those regions in their integration processes; welcomes the intention expressed by the European Council of 13-14 March 2007 to boost the Barcelona Process; reiterates the importance of achieving tangible results in the Euro-Mediterranean region where respect for human rights and economic and social development in countries on the southern shore of the Mediterranean should be promoted and where attention should focus more on energy and environmental challenges;

| 34. | Reiterates that the Black Sea and Baltic Sea regions have a strategic importance for the Union and that they therefore merit a more coherent approach, similar to that for the Mediterranean Sea region; calls on the Council and the Commission to foster regional cooperation with the Black Sea and the Baltic Sea; is of the opinion that equal attention to and balance between these three crucial regions would be best assured by devising new organisational structures for regional cooperation in Black Sea and Baltic Sea regions, as well as strengthening relations with the existing multilateral assemblies such as the Parliamentary Assembly of the Black Sea Economic Cooperation; |
| --- | --- |

34.

Reiterates that the Black Sea and Baltic Sea regions have a strategic importance for the Union and that they therefore merit a more coherent approach, similar to that for the Mediterranean Sea region; calls on the Council and the Commission to foster regional cooperation with the Black Sea and the Baltic Sea; is of the opinion that equal attention to and balance between these three crucial regions would be best assured by devising new organisational structures for regional cooperation in Black Sea and Baltic Sea regions, as well as strengthening relations with the existing multilateral assemblies such as the Parliamentary Assembly of the Black Sea Economic Cooperation;

| 35. | Underlines the need to strengthen the transatlantic alliance and intensify contacts with the United States, inter alia through a more advanced and comprehensive Transatlantic Partnership Agreement, the potential of which should be fully exploited and which should include consultation and cooperation on mutual interests, as well as civil conflict prevention, the international legal order, peace and disarmament, sustainable development and combating poverty; welcomes the establishment of the Transatlantic Economic Council; underlines the importance of the parliamentary dimension within the framework of the ‘Transatlantic Legislators' Dialogue’, as well as the need to engage in deeper dialogue with the US Congress on the future of EU-US relations, the future of NATO and UN reform; |
| --- | --- |

35.

Underlines the need to strengthen the transatlantic alliance and intensify contacts with the United States, inter alia through a more advanced and comprehensive Transatlantic Partnership Agreement, the potential of which should be fully exploited and which should include consultation and cooperation on mutual interests, as well as civil conflict prevention, the international legal order, peace and disarmament, sustainable development and combating poverty; welcomes the establishment of the Transatlantic Economic Council; underlines the importance of the parliamentary dimension within the framework of the ‘Transatlantic Legislators' Dialogue’, as well as the need to engage in deeper dialogue with the US Congress on the future of EU-US relations, the future of NATO and UN reform;

| 36. | Regards the review in 2008 by the Union of its relations with Russia as highly important; is of the view that those relations should be based on a balanced partnership, which would address global challenges such as non-proliferation of WMD, regional security and energy security, and would promote consolidation of democracy, protection of human rights, free trade and, above all, respect for the rule of law; recalls that a genuine partnership must be based on equal treatment of all Member States as well as good relations with neighbouring states, transparency and accountability; asks Member States to coordinate relations with the Russian Federation on the basis of the Union's common interests; calls on the Council and the Commission to ensure that the mandate for any future Agreement not only underlines these shared interests but also establishes a mechanism to monitor its implementation; |
| --- | --- |

36.

Regards the review in 2008 by the Union of its relations with Russia as highly important; is of the view that those relations should be based on a balanced partnership, which would address global challenges such as non-proliferation of WMD, regional security and energy security, and would promote consolidation of democracy, protection of human rights, free trade and, above all, respect for the rule of law; recalls that a genuine partnership must be based on equal treatment of all Member States as well as good relations with neighbouring states, transparency and accountability; asks Member States to coordinate relations with the Russian Federation on the basis of the Union's common interests; calls on the Council and the Commission to ensure that the mandate for any future Agreement not only underlines these shared interests but also establishes a mechanism to monitor its implementation;

| 37. | Calls on the Council and the Commission to continue efforts, both within the framework of the Middle East Quartet and on the ground, to foster negotiations between Israelis and Palestinians for a comprehensive, lasting and fair peace solution on the basis of two secure and viable States in line with the commitments set out in the Annapolis Agenda; takes the view that the Union should maximise its financial, trade and political leverage on both sides in order to achieve this peaceful solution and that the Union should play, within the relevant fora, a role commensurate to its financial and political contribution; |
| --- | --- |

37.

Calls on the Council and the Commission to continue efforts, both within the framework of the Middle East Quartet and on the ground, to foster negotiations between Israelis and Palestinians for a comprehensive, lasting and fair peace solution on the basis of two secure and viable States in line with the commitments set out in the Annapolis Agenda; takes the view that the Union should maximise its financial, trade and political leverage on both sides in order to achieve this peaceful solution and that the Union should play, within the relevant fora, a role commensurate to its financial and political contribution;

| 38. | Believes that the nuclear non-proliferation regime under the Non-Proliferation Treaty (NPT) is in serious danger and calls on the Council and particularly the two Member States possessing nuclear weapons to bring forward a European initiative on the implementation of the disarmament obligations contained in Article VI of the NPT with regard, in particular, to the 2010 NPT review conference; strongly opposes the production and dissemination of WMD, which threatens to become a reality in an increasing number of countries due to the impossibility of clearly separating the use of nuclear technology for energy purposes and its use for weapons production; cites in this context, in particular, the uncertainties as to the goals of Iran's nuclear programme; calls on Iran to be actively transparent in its relations with the International Atomic Energy Agency (IAEA) and to seek to rebuild trust with the international community; calls on the members of the UN Security Council to refer the Iran issue back to the IAEA and to start negotiations without preconditions; calls on the Member States to ban all exports of nuclear technology to any country that has not ratified the additional protocols to the NPT; |
| --- | --- |

38.

Believes that the nuclear non-proliferation regime under the Non-Proliferation Treaty (NPT) is in serious danger and calls on the Council and particularly the two Member States possessing nuclear weapons to bring forward a European initiative on the implementation of the disarmament obligations contained in Article VI of the NPT with regard, in particular, to the 2010 NPT review conference; strongly opposes the production and dissemination of WMD, which threatens to become a reality in an increasing number of countries due to the impossibility of clearly separating the use of nuclear technology for energy purposes and its use for weapons production; cites in this context, in particular, the uncertainties as to the goals of Iran's nuclear programme; calls on Iran to be actively transparent in its relations with the International Atomic Energy Agency (IAEA) and to seek to rebuild trust with the international community; calls on the members of the UN Security Council to refer the Iran issue back to the IAEA and to start negotiations without preconditions; calls on the Member States to ban all exports of nuclear technology to any country that has not ratified the additional protocols to the NPT;

| 39. | Believes that the EU could contribute to confidence-building vis-à-vis countries with which it has no contractual ties, or reduced contractual ties, by boosting people-to-people contacts, such as through town twinning or Erasmus Mundus programmes; |
| --- | --- |

39.

Believes that the EU could contribute to confidence-building vis-à-vis countries with which it has no contractual ties, or reduced contractual ties, by boosting people-to-people contacts, such as through town twinning or Erasmus Mundus programmes;

| 40. | Expects a quick and comprehensive implementation of the Central Asia strategy; |
| --- | --- |

40.

Expects a quick and comprehensive implementation of the Central Asia strategy;

| 41. | Reiterates that promoting international solidarity, stability, peace and democratic, human and economic development, the rule of law and the fight against drugs must continue to be among the priorities of the EU's policy towards Afghanistan in 2008; stresses the need to restore security in Afghanistan, which cannot be achieved by military means alone; underlines that, to this end, it is equally vital to strengthen the police forces in order to establish the rule of law and to increase development efforts; notes with anxiety that drug production has gradually been stepped up, with the result that Afghanistan has once again become the world's biggest producer; welcomes the deployment of the EU police mission in Afghanistan (EUPOL Afghanistan) and urges Member States to provide it with experienced and well-prepared staff and, eventually, to enlarge it; is concerned that insufficient coordination, both among the international community (especially between the EU and NATO) and in relations with the Afghan authorities, seriously hampers the effectiveness of the activities on the ground; calls on all players to make efforts to improve this situation; welcomes in this regard the appointment of Kai Eide as the UN Secretary-General's Special Representative for Afghanistan; |
| --- | --- |

41.

Reiterates that promoting international solidarity, stability, peace and democratic, human and economic development, the rule of law and the fight against drugs must continue to be among the priorities of the EU's policy towards Afghanistan in 2008; stresses the need to restore security in Afghanistan, which cannot be achieved by military means alone; underlines that, to this end, it is equally vital to strengthen the police forces in order to establish the rule of law and to increase development efforts; notes with anxiety that drug production has gradually been stepped up, with the result that Afghanistan has once again become the world's biggest producer; welcomes the deployment of the EU police mission in Afghanistan (EUPOL Afghanistan) and urges Member States to provide it with experienced and well-prepared staff and, eventually, to enlarge it; is concerned that insufficient coordination, both among the international community (especially between the EU and NATO) and in relations with the Afghan authorities, seriously hampers the effectiveness of the activities on the ground; calls on all players to make efforts to improve this situation; welcomes in this regard the appointment of Kai Eide as the UN Secretary-General's Special Representative for Afghanistan;

| 42. | Recommends that political and economic relations with China be deepened in 2008, on condition that substantial progress be made in the field of democracy and human rights, and that China heed the EU's grave concerns about its conduct in Tibet, maintaining a constructive dialogue with the authorities on these issues, a fortiori in the run-up to the Beijing Olympics; asks China to develop a forward-looking comprehensive approach to the reconstruction of the country, with enhanced respect for its different peoples and its cultural traditions; regrets in this regard the lack of substantial results as regards the EU-China human rights dialogue; |
| --- | --- |

42.

Recommends that political and economic relations with China be deepened in 2008, on condition that substantial progress be made in the field of democracy and human rights, and that China heed the EU's grave concerns about its conduct in Tibet, maintaining a constructive dialogue with the authorities on these issues, a fortiori in the run-up to the Beijing Olympics; asks China to develop a forward-looking comprehensive approach to the reconstruction of the country, with enhanced respect for its different peoples and its cultural traditions; regrets in this regard the lack of substantial results as regards the EU-China human rights dialogue;

| 43. | Recommends that political and economic relations with the Association of Southeast Asian Nations (ASEAN) be deepened in 2008, on the basis of substantial progress made in the field of democracy and human rights; recognises ASEAN's growing role as a force for regional stability and prosperity; believes that the EU and ASEAN have great potential for increased cooperation based in part on ASEAN's progress with regard to regional integration and in the fields of democracy and human rights; remains particularly concerned by the situation in Burma; |
| --- | --- |

43.

Recommends that political and economic relations with the Association of Southeast Asian Nations (ASEAN) be deepened in 2008, on the basis of substantial progress made in the field of democracy and human rights; recognises ASEAN's growing role as a force for regional stability and prosperity; believes that the EU and ASEAN have great potential for increased cooperation based in part on ASEAN's progress with regard to regional integration and in the fields of democracy and human rights; remains particularly concerned by the situation in Burma;

| 44. | Stresses the need to give substantial follow-up during 2008 to the decisions reached at the EU-Africa Summit held in December 2007 in Lisbon; in this context, welcomes the appointment of a double-hatted EU Special Representative/Head of Delegation of the European Commission for the African Union, based in Addis Ababa; believes in this regard that the EU, in cooperation with the UN, should make every effort to reinforce the peace-building and peace-keeping capacity of the African Union; welcomes in this regard the EU Security Sector Reform missions in the Democratic Republic of the Congo and the Republic of Guinea-Bissau, and calls for coordinated use of CFSP and Community instruments such as the Instrument for Stability; |
| --- | --- |

44.

Stresses the need to give substantial follow-up during 2008 to the decisions reached at the EU-Africa Summit held in December 2007 in Lisbon; in this context, welcomes the appointment of a double-hatted EU Special Representative/Head of Delegation of the European Commission for the African Union, based in Addis Ababa; believes in this regard that the EU, in cooperation with the UN, should make every effort to reinforce the peace-building and peace-keeping capacity of the African Union; welcomes in this regard the EU Security Sector Reform missions in the Democratic Republic of the Congo and the Republic of Guinea-Bissau, and calls for coordinated use of CFSP and Community instruments such as the Instrument for Stability;

| 45. | Expects that the Vth EU-Latin American and Caribbean Summit, held in May 2008 in Lima, will result in a deepening of the content of the declared Bi-Regional Association, including the setting-up of the Solidarity Bi-Regional Fund proposed by Parliament, as well as the timely finalisation by the end of 2008 of negotiations on the EU's Association Agreement with Mercosur, the Andean Community and Central America; |
| --- | --- |

45.

Expects that the Vth EU-Latin American and Caribbean Summit, held in May 2008 in Lima, will result in a deepening of the content of the declared Bi-Regional Association, including the setting-up of the Solidarity Bi-Regional Fund proposed by Parliament, as well as the timely finalisation by the end of 2008 of negotiations on the EU's Association Agreement with Mercosur, the Andean Community and Central America;

| 46. | Draws attention to its extensive resolutions and reports concerning the different geographical areas of interest, since they contain valuable contributions to the debate on the way in which the EU's policy vis-à-vis those geographical areas should evolve; |
| --- | --- |

46.

Draws attention to its extensive resolutions and reports concerning the different geographical areas of interest, since they contain valuable contributions to the debate on the way in which the EU's policy vis-à-vis those geographical areas should evolve;

| 47. | Recommends that the Union strengthen its political dialogue with third countries and regions, in particular with major partners; reiterates in this regard the important role that parliamentary diplomacy plays as a complementary tool in the Union's relations with third countries and regions, principally through the three major multilateral interparliamentary assemblies (the African, Caribbean and Pacific-EU Joint Parliamentary Assembly (ACP-EU JPA), the Euro-Mediterranean Parliamentary Assembly (EuroMed) and the Euro-Latin American Parliamentary Assembly (EuroLat)); undertakes to set up an EU-Neighbourhood-East Parliamentary Assembly (Euro-Nest) by 2009, in order to enhance the parliamentary dimension of the political partnership between Parliament and the countries involved in the eastern part of the ENP; |
| --- | --- |

47.

Recommends that the Union strengthen its political dialogue with third countries and regions, in particular with major partners; reiterates in this regard the important role that parliamentary diplomacy plays as a complementary tool in the Union's relations with third countries and regions, principally through the three major multilateral interparliamentary assemblies (the African, Caribbean and Pacific-EU Joint Parliamentary Assembly (ACP-EU JPA), the Euro-Mediterranean Parliamentary Assembly (EuroMed) and the Euro-Latin American Parliamentary Assembly (EuroLat)); undertakes to set up an EU-Neighbourhood-East Parliamentary Assembly (Euro-Nest) by 2009, in order to enhance the parliamentary dimension of the political partnership between Parliament and the countries involved in the eastern part of the ENP;

| 48. | Reiterates its call on Member States that are also members of the UN Security Council to improve their coordination within that framework in order to enhance the effectiveness of the Union's action on the world stage, and, with a view to the longer term, to strive to secure a seat for the EU on the Security Council within the context of a major reform of the UN system; asks those permanent members of the UN Security Council that are Member States to cooperate more closely with Member States that are not permanent members; |
| --- | --- |

48.

Reiterates its call on Member States that are also members of the UN Security Council to improve their coordination within that framework in order to enhance the effectiveness of the Union's action on the world stage, and, with a view to the longer term, to strive to secure a seat for the EU on the Security Council within the context of a major reform of the UN system; asks those permanent members of the UN Security Council that are Member States to cooperate more closely with Member States that are not permanent members;

Efficiency, coherence and visibility of the CFSP

| 49. | Welcomes the improvements brought about by the Treaty of Lisbon regarding external action, the CFSP and the ESDP, which is to become the CSDP; is of the view that the new Treaty significantly enhances the external action of the Union and its role in international relations, and that it raises the Union's visibility and profile while strengthening its capacity to act effectively on the world stage; |
| --- | --- |

49.

Welcomes the improvements brought about by the Treaty of Lisbon regarding external action, the CFSP and the ESDP, which is to become the CSDP; is of the view that the new Treaty significantly enhances the external action of the Union and its role in international relations, and that it raises the Union's visibility and profile while strengthening its capacity to act effectively on the world stage;

| 50. | Hopes that the Lisbon Treaty will be promptly ratified in all Member States, so as to allow for its timely entry into force; congratulates those Member States that have already ratified the Lisbon Treaty; |
| --- | --- |

50.

Hopes that the Lisbon Treaty will be promptly ratified in all Member States, so as to allow for its timely entry into force; congratulates those Member States that have already ratified the Lisbon Treaty;

| 51. | Welcomes the improvement of the institutional framework of the Union in the field of the CFSP, mainly by:






  (a) | the creation of the post of High Representative of the Union for Foreign Affairs and Security Policy, to be Vice-President of the Commission, accountable to Parliament, as well as chair of the Council of Ministers of Foreign Affairs, who will conduct the CFSP and CSDP, contribute to policy development and ensure the consistency of the Union's external action; |
| --- | --- | --- |

51.

Welcomes the improvement of the institutional framework of the Union in the field of the CFSP, mainly by:

(a)

the creation of the post of High Representative of the Union for Foreign Affairs and Security Policy, to be Vice-President of the Commission, accountable to Parliament, as well as chair of the Council of Ministers of Foreign Affairs, who will conduct the CFSP and CSDP, contribute to policy development and ensure the consistency of the Union's external action;

| (b) | the establishment, with the consent of the Commission and after consulting Parliament, of the European External Action Service (EEAS), which will assist the High Representative and the staff of which will be drawn from the Commission, the Council secretariat and national diplomatic services; |
| --- | --- |

(b)

the establishment, with the consent of the Commission and after consulting Parliament, of the European External Action Service (EEAS), which will assist the High Representative and the staff of which will be drawn from the Commission, the Council secretariat and national diplomatic services;

| 52. | Welcomes the broadening of the Union's external field of action, including the provision of a new legal basis and instruments affecting CFSP-related areas, such as an explicit legal basis for the ENP, the establishment of a single legal personality for the Union, urgent financial support for third countries, humanitarian aid, sanctions against non-state entities, space policy, energy security, combating climate change, the prevention of international terrorism and the protection of personal data; |
| --- | --- |

52.

Welcomes the broadening of the Union's external field of action, including the provision of a new legal basis and instruments affecting CFSP-related areas, such as an explicit legal basis for the ENP, the establishment of a single legal personality for the Union, urgent financial support for third countries, humanitarian aid, sanctions against non-state entities, space policy, energy security, combating climate change, the prevention of international terrorism and the protection of personal data;

| 53. | Highlights the importance of ensuring policy coherence within the Union's external field of action, particularly between the CFSP, the CSDP and development and trade policies; in this context, stresses the important role that the High Representative and the EEAS should play in the pursuit of policy coherence; |
| --- | --- |

53.

Highlights the importance of ensuring policy coherence within the Union's external field of action, particularly between the CFSP, the CSDP and development and trade policies; in this context, stresses the important role that the High Representative and the EEAS should play in the pursuit of policy coherence;

| 54. | Recalls that the establishment of the Union's legal personality raises the question of its status within international organisations such as the UN; takes the view that the Union's future status within the UN should be commensurate with its financial and political contribution; |
| --- | --- |

54.

Recalls that the establishment of the Union's legal personality raises the question of its status within international organisations such as the UN; takes the view that the Union's future status within the UN should be commensurate with its financial and political contribution;

The Treaty of Lisbon and its impact on Council-Parliament-Commission relations in CFSP/CSDP issues and on parliamentary scrutiny of the CFSP/CSDP

| 55. | Regards the establishment of the closest possible collaboration between the President of the European Council, the President of the Commission, the High Representative and the rotating Presidency as crucial in order to ensure that their different functions contribute to the coherence and efficiency of the CFSP; |
| --- | --- |

55.

Regards the establishment of the closest possible collaboration between the President of the European Council, the President of the Commission, the High Representative and the rotating Presidency as crucial in order to ensure that their different functions contribute to the coherence and efficiency of the CFSP;

| 56. | Calls on the Council to respond in a substantive manner to the wishes and concerns expressed in formal communications from Parliament, particularly with respect to resolutions on cases of breaches of human rights, democracy and the rule of law; |
| --- | --- |

56.

Calls on the Council to respond in a substantive manner to the wishes and concerns expressed in formal communications from Parliament, particularly with respect to resolutions on cases of breaches of human rights, democracy and the rule of law;

| 57. | Calls on the Council to examine the effectiveness of its sanctions policies against certain abhorrent regimes, such as the Mugabe regime in Zimbabwe and the military junta in Burma, and to introduce measures for their improvement including the necessary mechanisms for the wholehearted observation and enforcement thereof; |
| --- | --- |

57.

Calls on the Council to examine the effectiveness of its sanctions policies against certain abhorrent regimes, such as the Mugabe regime in Zimbabwe and the military junta in Burma, and to introduce measures for their improvement including the necessary mechanisms for the wholehearted observation and enforcement thereof;

| 58. | Invites the future High Representative/Vice-President of the Commission to build on the experience of the periodic appearances by High Representatives and by the External Relations Commissioner before Parliament in plenary and its Committee on Foreign Affairs and on the practice of informal meetings, in order to develop regular, systematic and substantive consultations with Parliament and its competent bodies, and to involve Parliament in the decision-making process so as to enhance the transparency of and accountability for the main choices of the CFSP; points out that the future office of High Representative/Vice-President of the Commission will derive its legitimacy directly from Parliament; |
| --- | --- |

58.

Invites the future High Representative/Vice-President of the Commission to build on the experience of the periodic appearances by High Representatives and by the External Relations Commissioner before Parliament in plenary and its Committee on Foreign Affairs and on the practice of informal meetings, in order to develop regular, systematic and substantive consultations with Parliament and its competent bodies, and to involve Parliament in the decision-making process so as to enhance the transparency of and accountability for the main choices of the CFSP; points out that the future office of High Representative/Vice-President of the Commission will derive its legitimacy directly from Parliament;

| 59. | Further underlines that Council-Parliament relations also need to be reconsidered in order to take account of the major reforms of the future CSDP and of Parliament's strengthened powers of scrutiny, following the transfer of the remaining Western European Union competences to the EU; in this regard, welcomes provisions for closer cooperation between the European Parliament and national parliaments; |
| --- | --- |

59.

Further underlines that Council-Parliament relations also need to be reconsidered in order to take account of the major reforms of the future CSDP and of Parliament's strengthened powers of scrutiny, following the transfer of the remaining Western European Union competences to the EU; in this regard, welcomes provisions for closer cooperation between the European Parliament and national parliaments;

| 60. | Requests the establishment of an interinstitutional agreement between Parliament and the Council defining their working relations in the field of external action, including the sharing of confidential information, at such time as the Treaty of Lisbon enters into force; requests that the Framework Agreement between the Commission and Parliament be updated to take into account the provisions of the Treaty of Lisbon; |
| --- | --- |

60.

Requests the establishment of an interinstitutional agreement between Parliament and the Council defining their working relations in the field of external action, including the sharing of confidential information, at such time as the Treaty of Lisbon enters into force; requests that the Framework Agreement between the Commission and Parliament be updated to take into account the provisions of the Treaty of Lisbon;

| 61. | Requests that the future High Representative/Vice-President of the Commission take office together with the new Commission on 1 November 2009, that a temporary solution be found for the period between entry into force of the Lisbon Treaty and 1 November 2009, and that Parliament be fully consulted on the nomination by the European Council, with the consent of the President of the Commission, of the first High Representative/Vice-President of the Commission, as well as any other interim appointment; in this context, considers that an ad hoc hearing procedure needs to be established for the nomination of the High Representative/Vice-President of the Commission, with the Committee on Foreign Affairs acting as the lead Committee; |
| --- | --- |

61.

Requests that the future High Representative/Vice-President of the Commission take office together with the new Commission on 1 November 2009, that a temporary solution be found for the period between entry into force of the Lisbon Treaty and 1 November 2009, and that Parliament be fully consulted on the nomination by the European Council, with the consent of the President of the Commission, of the first High Representative/Vice-President of the Commission, as well as any other interim appointment; in this context, considers that an ad hoc hearing procedure needs to be established for the nomination of the High Representative/Vice-President of the Commission, with the Committee on Foreign Affairs acting as the lead Committee;

| 62. | Underlines the significant effect which the setting-up of the EEAS will have on the EU's external relations; stresses the need for transparency and democratic input into this process; recalls its right to be consulted on the establishment of the EEAS in accordance with Article 27(3) of the EU Treaty as amended by the Treaty of Lisbon; requests full association with the preparatory work in this regard; refers to its ongoing report on this matter; hopes that the establishment of the EEAS will provide greater clarity with regard to the criteria for and the appointment and evaluation of EU Special Representatives, including the definition and purpose of their tasks, the length of their mandate, and coordination and complementarity with European Commission delegations; |
| --- | --- |

62.

Underlines the significant effect which the setting-up of the EEAS will have on the EU's external relations; stresses the need for transparency and democratic input into this process; recalls its right to be consulted on the establishment of the EEAS in accordance with Article 27(3) of the EU Treaty as amended by the Treaty of Lisbon; requests full association with the preparatory work in this regard; refers to its ongoing report on this matter; hopes that the establishment of the EEAS will provide greater clarity with regard to the criteria for and the appointment and evaluation of EU Special Representatives, including the definition and purpose of their tasks, the length of their mandate, and coordination and complementarity with European Commission delegations;

| 63. | Calls on the future High Representative/Vice-President of the Commission, as well as the Council and the Commission, to reinforce collaboration with the existing multilateral parliamentary assemblies (ACP-EU JPA, EuroMed, EuroLat and, once it is established, Euro-Nest), which bring parliamentarians of the Union together with some of their most important counterparts, as this clearly provides added value for the consistency and efficiency of the Union's external action; |
| --- | --- |

63.

Calls on the future High Representative/Vice-President of the Commission, as well as the Council and the Commission, to reinforce collaboration with the existing multilateral parliamentary assemblies (ACP-EU JPA, EuroMed, EuroLat and, once it is established, Euro-Nest), which bring parliamentarians of the Union together with some of their most important counterparts, as this clearly provides added value for the consistency and efficiency of the Union's external action;

| 64. | Is of the opinion that parliamentary scrutiny is of crucial value for the ESDP; in this regard, invites the Political and Security Committee (PSC) to establish, together with Parliament, a mechanism in respect of confidential information on emerging crises or international security events comparable to existing mechanisms in several national parliaments of Member States which would — according to the degree of confidentiality — range from closed committee meetings to meetings between the PSC and appointed members of the relevant committees and subcommittees; |
| --- | --- |

64.

Is of the opinion that parliamentary scrutiny is of crucial value for the ESDP; in this regard, invites the Political and Security Committee (PSC) to establish, together with Parliament, a mechanism in respect of confidential information on emerging crises or international security events comparable to existing mechanisms in several national parliaments of Member States which would — according to the degree of confidentiality — range from closed committee meetings to meetings between the PSC and appointed members of the relevant committees and subcommittees;

| 65. | Regards it as necessary to provide for the Chairman of the Committee on Foreign Affairs to attend the informal meetings of the Ministers of Foreign Affairs of the Member States (Gymnich meetings), following what is already established practice for informal Council meetings in other policy areas; |
| --- | --- |

65.

Regards it as necessary to provide for the Chairman of the Committee on Foreign Affairs to attend the informal meetings of the Ministers of Foreign Affairs of the Member States (Gymnich meetings), following what is already established practice for informal Council meetings in other policy areas;

| 66. | Stresses the need to ensure the democratic accountability and transparency of the activities undertaken by the European Defence Agency; |
| --- | --- |

66.

Stresses the need to ensure the democratic accountability and transparency of the activities undertaken by the European Defence Agency;

Financing of the CFSP/CSDP in the light of the Treaty of Lisbon

| 67. | Notes with satisfaction the strengthening, under the Treaty of Lisbon, of Parliament's budgetary powers over all EU spending, including the EEAS, giving Parliament parity with the Council, abolishing the distinction between compulsory and non-compulsory expenditure, and making the multi-annual financial framework legally binding; |
| --- | --- |

67.

Notes with satisfaction the strengthening, under the Treaty of Lisbon, of Parliament's budgetary powers over all EU spending, including the EEAS, giving Parliament parity with the Council, abolishing the distinction between compulsory and non-compulsory expenditure, and making the multi-annual financial framework legally binding;

| 68. | Regrets the unnecessary complexity of the arrangements for the rapid financing of CSDP activities outside the EU budget; insists that all external actions of the Union (including those within the future CSDP but excluding all military expenditure) should in future be financed from the common EU budget; |
| --- | --- |

68.

Regrets the unnecessary complexity of the arrangements for the rapid financing of CSDP activities outside the EU budget; insists that all external actions of the Union (including those within the future CSDP but excluding all military expenditure) should in future be financed from the common EU budget;

| 69. | Underlines in this regard that special attention should be paid to monitoring civilian crisis management where resources and different responsibilities are pooled from the Council, the Commission and the Member States, so as to ensure optimum efficiency and coordination; |
| --- | --- |

69.

Underlines in this regard that special attention should be paid to monitoring civilian crisis management where resources and different responsibilities are pooled from the Council, the Commission and the Member States, so as to ensure optimum efficiency and coordination;

| 70. | Recognises the usefulness of the joint consultation meetings between the bureaux of the Committee of Foreign Affairs and the Committee on Budgets and the Chairman of the PSC, as provided for in the abovementioned Interinstitutional Agreement of 17 May 2006; at the same time supports the idea that the Chairs and/or rapporteurs of Parliament's committees responsible for external action be involved in the activities of the new Conciliation Committee for the new budget procedure if this is deemed necessary in the context of the annual procedure; |
| --- | --- |

70.

Recognises the usefulness of the joint consultation meetings between the bureaux of the Committee of Foreign Affairs and the Committee on Budgets and the Chairman of the PSC, as provided for in the abovementioned Interinstitutional Agreement of 17 May 2006; at the same time supports the idea that the Chairs and/or rapporteurs of Parliament's committees responsible for external action be involved in the activities of the new Conciliation Committee for the new budget procedure if this is deemed necessary in the context of the annual procedure;

| 71. | Requests that, in the spirit of the said Interinstitutional Agreement of 17 May 2006, which provides for a structured dialogue between the Council and Parliament, the Council should inform Parliament prior to the adoption of any decision entailing CFSP expenditure; |
| --- | --- |

71.

Requests that, in the spirit of the said Interinstitutional Agreement of 17 May 2006, which provides for a structured dialogue between the Council and Parliament, the Council should inform Parliament prior to the adoption of any decision entailing CFSP expenditure;

| 72. | Regards the total amount of EUR 1 740 million allocated to the CFSP for the period from 2007 to 2013 as insufficient to achieve the ambitions and specific goals of the EU as a global player, while recognising that the CFSP funding agreed for 2008, amounting to EUR 285 million, represents an important step forward compared to previous allocations of funds (and an increase of EUR 125 million on 2007); underlines that this increase should be accompanied by stronger measures for parliamentary control and improved cooperation by the Council; |
| --- | --- |

72.

Regards the total amount of EUR 1 740 million allocated to the CFSP for the period from 2007 to 2013 as insufficient to achieve the ambitions and specific goals of the EU as a global player, while recognising that the CFSP funding agreed for 2008, amounting to EUR 285 million, represents an important step forward compared to previous allocations of funds (and an increase of EUR 125 million on 2007); underlines that this increase should be accompanied by stronger measures for parliamentary control and improved cooperation by the Council;

| 73. | Will make specific proposals about the financing and budgetary control of the EEAS in the context of its forthcoming report on the matter; |
| --- | --- |

73.

Will make specific proposals about the financing and budgetary control of the EEAS in the context of its forthcoming report on the matter;

*

* *

| 74. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Secretary-General of the UN, the Secretary General of NATO and the President of the Parliamentary Assembly of the Council of Europe. |
| --- | --- |

74.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Secretary-General of the UN, the Secretary General of NATO and the President of the Parliamentary Assembly of the Council of Europe.

---

(1)  OJ C 139, 14.6.2006, p. 1. Agreement as last amended by Decision 2008/371/EC of the European Parliament and of the Council (OJ L 128, 16.5.2008, p. 8).

(2)  Texts Adopted, P6_TA(2008)0055.

(3)  OJ C 102 E, 24.4.2008, p. 309.

(4)  OJ C 314 E, 21.12.2006, p. 334.

(5)  OJ C 290 E, 29.11.2006, p. 396.

(6)  OJ C 76 E, 27.3.2008, p. 95 and Texts Adopted, P6_TA(2007)0528.

(7)  Texts Adopted, P6_TA(2007)0262.

(8)  OJ C 298 E, 8.12.2006, pp. 226 and 235.

(9)  OJ C 74 E, 20.3.2008, p. 670.

(10)  Texts Adopted, P6_TA(2007)0350.

(11)  Texts Adopted, P6_TA(2007)0622.

(12)  Texts Adopted, P6_TA(2007)0483.

(13)  OJ C 76 E, 27.3.2008, p. 106.

(14)  OJ C 76 E, 27.3.2008, p. 100.

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

(16)  OJ C 287 E, 24.11.2006, p. 176.

(17)  OJ C 320 E, 15.12.2005, p. 253.

(18)  Texts Adopted, P6_TA(2007)0488.

(19)  Texts Adopted, P6_TA(2007)0481.

(20)  Texts Adopted, P6_TA(2007)0413.

(21)  Texts Adopted, P6_TA(2007)0537 and Texts Adopted, P6_TA(2007)0576.

(22)  S113/08, 14 March 2008.

(23)  Texts Adopted, P6_TA(2007)0612.

(24)  OJ C 74 E, 20.3.2008, p. 753.

(25)  Texts Adopted, P6_TA(2007)0381.

(26)  OJ C 317 E, 23.12.2006, p. 485.

(27)  OJ C 317 E, 23.12.2006, p. 480.

(28)  Texts Adopted, P6_TA(2007)0538.

(29)  Texts Adopted, P6_TA(2008)0017.

(30)  Texts Adopted, P6_TA(2007)0482.

---

| 26.11.2009 | EN | Official Journal of the European Union | CE 285/23 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/23

---

Thursday 5 June 2008Implementation of the European Security Strategy and ESDP

P6_TA(2008)0255

European Parliament resolution of 5 June 2008 on the implementation of the European Security Strategy and ESDP (2008/2003(INI))

2009/C 285 E/04

The European Parliament,

having regard to the European Security Strategy (ESS) adopted by the European Council on 12 December 2003,

having regard to the Treaty of Lisbon, signed in Lisbon on 13 December 2007,

having regard to the Presidency Conclusions of the European Council of 14 December 2007,

having regard to the Reports on the European Security and Defence Policy (ESDP) by the EU Council Presidency of 18 June and 10 December 2007,

having regard to the joint meeting of EU Defence and Development Ministers within the Council, held on 19-20 November 2007,

having regard to the Conclusions on Security and Development and the Conclusions on ESDP of the Council meeting on 19-20 November 2007,

having regard to the Madrid Report issued by the Human Security Study Group on 8 November 2007,

having regard to its resolution of 14 April 2005 on the ESS (1),

having regard to its resolution of 16 November 2006 on the implementation of the ESS in the context of the ESDP (2),

having regard to the EU-Africa joint strategy adopted in Lisbon on 9 December 2007 and the appointment of General Pierre-Michel Joana as Special Advisor to the EU High Representative for African peacekeeping capabilities as from 1 March 2008,

having regard to its resolution of 27 September 2007 on the ESDP operation in Chad and the Central African Republic (3),

having regard to Rule 45 of its Rules of Procedure,

having regard to the report of the Committee on Foreign Affairs (A6-0186/2008),

| A. | whereas in 2007 and early 2008 the Council has taken important operational decisions in the field of ESDP and on the implementation of the ESS, including:






  a. | the launching of an EU police mission in Afghanistan (EUPOL Afghanistan); |
| --- | --- | --- |

A.

whereas in 2007 and early 2008 the Council has taken important operational decisions in the field of ESDP and on the implementation of the ESS, including:

a.

the launching of an EU police mission in Afghanistan (EUPOL Afghanistan);

| b. | the decision to launch an EU military operation in Chad and the Central African Republic (EUFOR Tchad/RCA); |
| --- | --- |

b.

the decision to launch an EU military operation in Chad and the Central African Republic (EUFOR Tchad/RCA);

| c. | the reconfiguration and reduction of EUFOR Althea troops in Bosnia; |
| --- | --- |

c.

the reconfiguration and reduction of EUFOR Althea troops in Bosnia;

| d. | the preparation for a civilian EU mission in Kosovo (EULEX Kosovo); |
| --- | --- |

d.

the preparation for a civilian EU mission in Kosovo (EULEX Kosovo);

| e. | the preparation for an EU security sector reform mission in Guinea-Bissau (EUSEC Guinea-Bissau), |
| --- | --- |

e.

the preparation for an EU security sector reform mission in Guinea-Bissau (EUSEC Guinea-Bissau),

| B. | whereas in 2007 and early 2008 further developments in the field of ESDP capabilities and the implementation of the ESS have been achieved, including:






  a. | the adoption of a new Civilian Headline Goal 2010; |
| --- | --- | --- |

B.

whereas in 2007 and early 2008 further developments in the field of ESDP capabilities and the implementation of the ESS have been achieved, including:

a.

the adoption of a new Civilian Headline Goal 2010;

| b. | the establishment of a Civilian Planning and Conduct Capability (CPCC) within the Council secretariat; |
| --- | --- |

b.

the establishment of a Civilian Planning and Conduct Capability (CPCC) within the Council secretariat;

| c. | the reaching of operational capability by the EU Operations Centre; |
| --- | --- |

c.

the reaching of operational capability by the EU Operations Centre;

| d. | the reaching of full operational capability to undertake rapidly and simultaneously two ESDP military operations using the Battle Groups, |
| --- | --- |

d.

the reaching of full operational capability to undertake rapidly and simultaneously two ESDP military operations using the Battle Groups,

| C. | whereas 2007 and early 2008 have also witnessed continued shortfalls in the fields of ESDP and the implementation of the ESS, including:






  a. | the lack of an EU Civil Peace Corps, requested by the European Parliament since 2000, and of civil protection and humanitarian relief capabilities, referred to in a number of Council and Commission documents since the 2004 tsunami catastrophe; |
| --- | --- | --- |

C.

whereas 2007 and early 2008 have also witnessed continued shortfalls in the fields of ESDP and the implementation of the ESS, including:

a.

the lack of an EU Civil Peace Corps, requested by the European Parliament since 2000, and of civil protection and humanitarian relief capabilities, referred to in a number of Council and Commission documents since the 2004 tsunami catastrophe;

| b. | delivery delays and rising costs concerning the much needed long-range airlift capacity in the form of the Airbus A400M military transport aircraft; |
| --- | --- |

b.

delivery delays and rising costs concerning the much needed long-range airlift capacity in the form of the Airbus A400M military transport aircraft;

| c. | an imbalance in the contributions from Member States as regards the staffing of ESDP missions, thus limiting EU crisis management capabilities; |
| --- | --- |

c.

an imbalance in the contributions from Member States as regards the staffing of ESDP missions, thus limiting EU crisis management capabilities;

| d. | problems in recruiting sufficient police officers for the mission in Afghanistan due to security concerns and a lack of individual career prospects on their return; |
| --- | --- |

d.

problems in recruiting sufficient police officers for the mission in Afghanistan due to security concerns and a lack of individual career prospects on their return;

| e. | delays in the launching of EUFOR Tchad/RCA due to unsuccessful force generation conferences, in particular as regards the lack of helicopters; |
| --- | --- |

e.

delays in the launching of EUFOR Tchad/RCA due to unsuccessful force generation conferences, in particular as regards the lack of helicopters;

| f. | the failure as yet to sign the technical agreements drafted between the EU and NATO with a view to ensuring coordination in Kosovo between the International Security Force (KFOR) and the possible future ESDP mission, and in Afghanistan between EUPOL and the International Security Assistance Force (ISAF), due to opposition by Turkey, |
| --- | --- |

f.

the failure as yet to sign the technical agreements drafted between the EU and NATO with a view to ensuring coordination in Kosovo between the International Security Force (KFOR) and the possible future ESDP mission, and in Afghanistan between EUPOL and the International Security Assistance Force (ISAF), due to opposition by Turkey,

| D. | whereas the Treaty of Lisbon will introduce major innovations in the field of ESDP, |
| --- | --- |

D.

whereas the Treaty of Lisbon will introduce major innovations in the field of ESDP,

| E. | whereas continuous efforts need to be made to avoid duplication and to increase interoperability within the EU, and whereas the most cost-effective way of doing this is to share and pool defence assets in order to maximise Europe's defence capability, |
| --- | --- |

E.

whereas continuous efforts need to be made to avoid duplication and to increase interoperability within the EU, and whereas the most cost-effective way of doing this is to share and pool defence assets in order to maximise Europe's defence capability,

| 1. | Reaffirms the conclusions of Parliament's previous resolutions concerning the ESS and ESDP; |
| --- | --- |

1.

Reaffirms the conclusions of Parliament's previous resolutions concerning the ESS and ESDP;

The Lisbon Treaty

| 2. | Welcomes the signature of the Lisbon Treaty, which will introduce major innovations in the field of ESDP, in particular by strengthening the office of High Representative, establishing a European External Action Service and introducing an article on mutual defence assistance, a solidarity clause, permanent structured cooperation in the field of defence and an extension of the ‘Petersberg tasks’; hopes that the ratification process will be completed successfully and in a timely fashion in all Member States; congratulates those Member States that have already ratified the Lisbon Treaty; points out that Parliament will fulfil its responsibilities under the current Treaty and will closely monitor the implementation of any new innovations; |
| --- | --- |

2.

Welcomes the signature of the Lisbon Treaty, which will introduce major innovations in the field of ESDP, in particular by strengthening the office of High Representative, establishing a European External Action Service and introducing an article on mutual defence assistance, a solidarity clause, permanent structured cooperation in the field of defence and an extension of the ‘Petersberg tasks’; hopes that the ratification process will be completed successfully and in a timely fashion in all Member States; congratulates those Member States that have already ratified the Lisbon Treaty; points out that Parliament will fulfil its responsibilities under the current Treaty and will closely monitor the implementation of any new innovations;

| 3. | Asks the Member States concerned to investigate the possibilities and possible impact of bringing under permanent structured cooperation, as envisaged in the Lisbon Treaty, existing multinational forces such as Eurocorps, Eurofor, Euromarfor, the European Gendarmerie Force, the Spanish-Italian amphibious force, the European Air Group, the European Air Coordination cell in Eindhoven, the Athens Multinational Sealift Coordination Centre and all relevant forces and structures for ESDP operations; |
| --- | --- |

3.

Asks the Member States concerned to investigate the possibilities and possible impact of bringing under permanent structured cooperation, as envisaged in the Lisbon Treaty, existing multinational forces such as Eurocorps, Eurofor, Euromarfor, the European Gendarmerie Force, the Spanish-Italian amphibious force, the European Air Group, the European Air Coordination cell in Eindhoven, the Athens Multinational Sealift Coordination Centre and all relevant forces and structures for ESDP operations;

Assessing and complementing the ESS

| 4. | Invites the High Representative to assess in a White Paper the progress made, and any shortcomings, in the implementation of the ESS since 2003, including lessons learned from ESDP operations; the link between external and internal aspects of security (fight against terrorism); the protection of borders and critical infrastructure including protection against cyber-attacks; the security of energy supply as a challenge for civilian, economic, technical and diplomatic efforts; unresolved regional disputes in the EU's neighbourhood, i.e. Transnistria, Abkhazia, South Ossetia and Nagorno-Karabakh; humanitarian and security challenges on the African continent; and the consequences of climate change and natural disasters for civil protection and human security, as well as proliferation of weapons of mass destruction; invites him further to evaluate whether those threats, risks and challenges are directly relevant to a broad understanding of European security or whether they merely possess a security dimension; |
| --- | --- |

4.

Invites the High Representative to assess in a White Paper the progress made, and any shortcomings, in the implementation of the ESS since 2003, including lessons learned from ESDP operations; the link between external and internal aspects of security (fight against terrorism); the protection of borders and critical infrastructure including protection against cyber-attacks; the security of energy supply as a challenge for civilian, economic, technical and diplomatic efforts; unresolved regional disputes in the EU's neighbourhood, i.e. Transnistria, Abkhazia, South Ossetia and Nagorno-Karabakh; humanitarian and security challenges on the African continent; and the consequences of climate change and natural disasters for civil protection and human security, as well as proliferation of weapons of mass destruction; invites him further to evaluate whether those threats, risks and challenges are directly relevant to a broad understanding of European security or whether they merely possess a security dimension;

| 5. | Invites the High Representative to include in that White Paper proposals for improving and complementing the ESS, such as the definition of common European security interests and criteria for the launching of ESDP missions; invites him further to define new targets for civilian and military capabilities (including structures for command and control, and transportation for all European actors in crisis management for both ESDP and disaster relief purposes) and to reflect on the implications of the Lisbon Treaty with regard to ESDP and proposals for a new EU-NATO partnership; |
| --- | --- |

5.

Invites the High Representative to include in that White Paper proposals for improving and complementing the ESS, such as the definition of common European security interests and criteria for the launching of ESDP missions; invites him further to define new targets for civilian and military capabilities (including structures for command and control, and transportation for all European actors in crisis management for both ESDP and disaster relief purposes) and to reflect on the implications of the Lisbon Treaty with regard to ESDP and proposals for a new EU-NATO partnership;

| 6. | Also urges the High Representative to tackle the issue of the ‘caveats’ in the White Paper; although this is a matter for the national sovereignty of each Member State, considers that they should be harmonised to protect the safety of the various Member States’ forces deployed on the ground; |
| --- | --- |

6.

Also urges the High Representative to tackle the issue of the ‘caveats’ in the White Paper; although this is a matter for the national sovereignty of each Member State, considers that they should be harmonised to protect the safety of the various Member States’ forces deployed on the ground;

| 7. | Is of the opinion that such a White Paper should be the basis for a wider political debate conducted in public, mainly because the ESS defines the Union's fundamental values and objectives and illustrates what it stands for; underlines that a future assessment of the ESS has to be carried out with greater democratic accountability and therefore made in close consultation with all EU institutions including the European Parliament and national parliaments; |
| --- | --- |

7.

Is of the opinion that such a White Paper should be the basis for a wider political debate conducted in public, mainly because the ESS defines the Union's fundamental values and objectives and illustrates what it stands for; underlines that a future assessment of the ESS has to be carried out with greater democratic accountability and therefore made in close consultation with all EU institutions including the European Parliament and national parliaments;

Direct security dialogue with the new US administration and Canada

| 8. | Highlights that NATO is the transatlantic forum in which security concerns are to be addressed by most of the EU Member States, the United States and Canada; nevertheless encourages the Council and the High Representative to take initiatives for a direct security dialogue with the incoming US administration and the Canadian government in fields where the EU has competences; proposes that such a dialogue should concentrate on concrete issues such as increasing the credibility of Western values in the fight against terrorism and stabilisation and reconstruction; |
| --- | --- |

8.

Highlights that NATO is the transatlantic forum in which security concerns are to be addressed by most of the EU Member States, the United States and Canada; nevertheless encourages the Council and the High Representative to take initiatives for a direct security dialogue with the incoming US administration and the Canadian government in fields where the EU has competences; proposes that such a dialogue should concentrate on concrete issues such as increasing the credibility of Western values in the fight against terrorism and stabilisation and reconstruction;

Civilian crisis management and civil protection

| 9. | Welcomes the new Civilian Headline Goal 2010 launched on 1 January 2008, which takes account of lessons learned from previous civilian ESDP missions; |
| --- | --- |

9.

Welcomes the new Civilian Headline Goal 2010 launched on 1 January 2008, which takes account of lessons learned from previous civilian ESDP missions;

| 10. | Welcomes the establishment within the Council secretariat of the CPCC, which will serve as the civilian equivalent of an EU Operational Headquarters and will provide assistance and support in the planning and implementation of civilian ESPD missions, thus ensuring a civilian chain of command; calls for such a balance to be reflected in the role and administrative structure of the Civil-Military Cell; |
| --- | --- |

10.

Welcomes the establishment within the Council secretariat of the CPCC, which will serve as the civilian equivalent of an EU Operational Headquarters and will provide assistance and support in the planning and implementation of civilian ESPD missions, thus ensuring a civilian chain of command; calls for such a balance to be reflected in the role and administrative structure of the Civil-Military Cell;

| 11. | Calls on the Council and the Commission to examine the possibilities for a more appropriate organisational setting, such as a specialised unit within the European External Action Service, so as to ensure a more coherent and comprehensive approach to civilian crisis management, bridging institutional divides and thus allowing for better coordination of internal EU instruments as well as cooperation between the EU and external organisations and non-governmental organisations; |
| --- | --- |

11.

Calls on the Council and the Commission to examine the possibilities for a more appropriate organisational setting, such as a specialised unit within the European External Action Service, so as to ensure a more coherent and comprehensive approach to civilian crisis management, bridging institutional divides and thus allowing for better coordination of internal EU instruments as well as cooperation between the EU and external organisations and non-governmental organisations;

| 12. | Requests the Council, against the background of unsatisfactory planning and deployment of EUPOL Afghanistan, to carry out an immediate review of the decision-making, financing and deployment aspects of civilian ESDP missions and to put forward concrete proposals designed to avoid any repetition of this situation in the future; |
| --- | --- |

12.

Requests the Council, against the background of unsatisfactory planning and deployment of EUPOL Afghanistan, to carry out an immediate review of the decision-making, financing and deployment aspects of civilian ESDP missions and to put forward concrete proposals designed to avoid any repetition of this situation in the future;

| 13. | Acknowledges Member States’ efforts to make personnel available for civilian ESDP missions in the areas of civil protection, monitoring, support to EU special representatives and mission support; notes, however, continued shortfalls in the areas of police, the rule of law and civilian administration; stresses the importance of providing competent and highly skilled staff for ESDP missions; |
| --- | --- |

13.

Acknowledges Member States’ efforts to make personnel available for civilian ESDP missions in the areas of civil protection, monitoring, support to EU special representatives and mission support; notes, however, continued shortfalls in the areas of police, the rule of law and civilian administration; stresses the importance of providing competent and highly skilled staff for ESDP missions;

| 14. | Calls on the Council and the Commission to increase their cooperation in the area of ESDP civilian missions and EU border missions where the division of competences between the two institutions is blurred; is of the view that the European External Action Service envisaged in the Lisbon Treaty should facilitate this task; believes, however, that conflicts in respect of competences could still occur even under the Lisbon Treaty, thus necessitating decisions by the High Representative; |
| --- | --- |

14.

Calls on the Council and the Commission to increase their cooperation in the area of ESDP civilian missions and EU border missions where the division of competences between the two institutions is blurred; is of the view that the European External Action Service envisaged in the Lisbon Treaty should facilitate this task; believes, however, that conflicts in respect of competences could still occur even under the Lisbon Treaty, thus necessitating decisions by the High Representative;

| 15. | Urges the Member States to regularly review the availability of personnel for civilian ESDP missions and to bring their competent national authorities together in order to set up national action plans with regard to possible contributions, as is the case in Finland, including the creation of procedures to secure the career prospects of participants in such missions and appropriate consideration of UN Security Council Resolution 1325 (2000) concerning the representation of women in mechanisms for the prevention, management and resolution of conflict; further urges that specific training be devised with regard to the protection of children, in line with the EU Guidelines on Children and Armed Conflict; |
| --- | --- |

15.

Urges the Member States to regularly review the availability of personnel for civilian ESDP missions and to bring their competent national authorities together in order to set up national action plans with regard to possible contributions, as is the case in Finland, including the creation of procedures to secure the career prospects of participants in such missions and appropriate consideration of UN Security Council Resolution 1325 (2000) concerning the representation of women in mechanisms for the prevention, management and resolution of conflict; further urges that specific training be devised with regard to the protection of children, in line with the EU Guidelines on Children and Armed Conflict;

| 16. | Regards it as important to strengthen the conflict resolution civil capacity; therefore calls on the Council and the Commission to establish an EU Civil Peace Corps for crisis management and conflict prevention as requested by the European Parliament; |
| --- | --- |

16.

Regards it as important to strengthen the conflict resolution civil capacity; therefore calls on the Council and the Commission to establish an EU Civil Peace Corps for crisis management and conflict prevention as requested by the European Parliament;

| 17. | Notes the lack of use of the valuable Civilian Response Team (CRT) instrument and regrets that the CRT experts have been deployed almost exclusively on an individual basis rather than, as envisaged, in the team format for which they were trained; |
| --- | --- |

17.

Notes the lack of use of the valuable Civilian Response Team (CRT) instrument and regrets that the CRT experts have been deployed almost exclusively on an individual basis rather than, as envisaged, in the team format for which they were trained;

| 18. | Welcomes Council Decisions 2007/779/EC, Euratom of 8 November 2007 establishing a Community Civil Protection Mechanism (4) and 2007/162/EC, Euratom of 5 March 2007 establishing a Civil Protection Financial Instrument (5), designed to improve the mobilisation and coordination of civil protection assistance in the event of major emergencies inside or outside the EU; |
| --- | --- |

18.

Welcomes Council Decisions 2007/779/EC, Euratom of 8 November 2007 establishing a Community Civil Protection Mechanism (4) and 2007/162/EC, Euratom of 5 March 2007 establishing a Civil Protection Financial Instrument (5), designed to improve the mobilisation and coordination of civil protection assistance in the event of major emergencies inside or outside the EU;

Human security and the security dimension of development policy

| 19. | Reminds the Council of its responsibility under international law to ensure that all civilian and military personnel are fully trained in accordance with international humanitarian standards and that adequate guidelines are reviewed and developed to ensure respect for local populations, cultures and gender; |
| --- | --- |

19.

Reminds the Council of its responsibility under international law to ensure that all civilian and military personnel are fully trained in accordance with international humanitarian standards and that adequate guidelines are reviewed and developed to ensure respect for local populations, cultures and gender;

| 20. | Recalls the importance of human rights and gender mainstreaming, and calls for the nomination of more female candidates for Common Foreign Security Policy (CFSP) and ESDP senior management positions, including for positions as EU Special Representatives as well as for ESDP operations in general; |
| --- | --- |

20.

Recalls the importance of human rights and gender mainstreaming, and calls for the nomination of more female candidates for Common Foreign Security Policy (CFSP) and ESDP senior management positions, including for positions as EU Special Representatives as well as for ESDP operations in general;

| 21. | Calls on the Member States to continue working towards the goal of an international ban on cluster munitions, to further develop ways to detect and destroy unexploded ordnance, to provide financial and technical assistance to the countries concerned and to continue to work towards the conclusion of the ongoing negotiations on strengthening the global ban on landmines, a global ban on uranium weapons and global control of conventional arms transfers; in this light, finds it embarrassing that, despite the fact that the EU Code of Conduct on Arms Exports will celebrate its tenth anniversary in 2008, it is not yet legally binding and uncontrolled arms exports from EU Member States seem to be continuing without much hindrance, even to governments in countries where the EU is launching or considering an ESDP operation; further notes the danger that weapons may be transferred through the EU via those Member States with less strict export controls to third countries and/or by an irresponsibly flexible use of the International Import Certificate; stresses, therefore, that it is important for all Member States to apply the highest standards in terms of arms export controls, so as to prevent EU weapons from fuelling conflicts; |
| --- | --- |

21.

Calls on the Member States to continue working towards the goal of an international ban on cluster munitions, to further develop ways to detect and destroy unexploded ordnance, to provide financial and technical assistance to the countries concerned and to continue to work towards the conclusion of the ongoing negotiations on strengthening the global ban on landmines, a global ban on uranium weapons and global control of conventional arms transfers; in this light, finds it embarrassing that, despite the fact that the EU Code of Conduct on Arms Exports will celebrate its tenth anniversary in 2008, it is not yet legally binding and uncontrolled arms exports from EU Member States seem to be continuing without much hindrance, even to governments in countries where the EU is launching or considering an ESDP operation; further notes the danger that weapons may be transferred through the EU via those Member States with less strict export controls to third countries and/or by an irresponsibly flexible use of the International Import Certificate; stresses, therefore, that it is important for all Member States to apply the highest standards in terms of arms export controls, so as to prevent EU weapons from fuelling conflicts;

| 22. | Reaffirms its concern about the ongoing proliferation of small arms and light weapons (SALW), which cause unnecessary human suffering, exacerbate armed conflict and instability, facilitate terrorism, undermine sustainable development, good governance and the rule of law, and contribute to grave violations of human rights and international humanitarian law; is of the opinion that the appropriate integration of SALW reduction and control strategies must become an integral part of international programmes aimed at conflict prevention and post-conflict peace building; calls on the Member States, the Council and the Commission to get governments to agree on binding provisions to control SALW (including brokering and transfers) through international, regional and national legislation; |
| --- | --- |

22.

Reaffirms its concern about the ongoing proliferation of small arms and light weapons (SALW), which cause unnecessary human suffering, exacerbate armed conflict and instability, facilitate terrorism, undermine sustainable development, good governance and the rule of law, and contribute to grave violations of human rights and international humanitarian law; is of the opinion that the appropriate integration of SALW reduction and control strategies must become an integral part of international programmes aimed at conflict prevention and post-conflict peace building; calls on the Member States, the Council and the Commission to get governments to agree on binding provisions to control SALW (including brokering and transfers) through international, regional and national legislation;

| 23. | Emphasises the need for the European Union to take over the initiative of strengthening the international arms control regime, thereby contributing to the reinforcement given to effective multilateralism within the international order; notes further the congruence of efforts to integrate aspects of non-proliferation within the European Neighbourhood Policy with that of the overall strategic objective of building security within the Union's neighbourhood; |
| --- | --- |

23.

Emphasises the need for the European Union to take over the initiative of strengthening the international arms control regime, thereby contributing to the reinforcement given to effective multilateralism within the international order; notes further the congruence of efforts to integrate aspects of non-proliferation within the European Neighbourhood Policy with that of the overall strategic objective of building security within the Union's neighbourhood;

| 24. | Is of the opinion that disarmament, demobilisation and reintegration should be an integral part of ESDP operations, and calls on the Council whenever appropriate to include in the mandate of ESDP operations the destruction or safe storage of decommissioned arms and to avoid their illegal transfer as a lesson learnt from the NATO Multinational Stabilisation Force (SFOR)/EUFOR Althea experience in Bosnia; |
| --- | --- |

24.

Is of the opinion that disarmament, demobilisation and reintegration should be an integral part of ESDP operations, and calls on the Council whenever appropriate to include in the mandate of ESDP operations the destruction or safe storage of decommissioned arms and to avoid their illegal transfer as a lesson learnt from the NATO Multinational Stabilisation Force (SFOR)/EUFOR Althea experience in Bosnia;

| 25. | Welcomes the first ever EU joint meeting of Defence and Development Ministers on 19 November 2007, which was an important step in reviewing the problems faced by the developing world, thus enhancing coherence and consistency in the EU's short-term actions on security and long-term actions on development vis-à-vis the countries concerned; also welcomes the Council Conclusions on Security and Development dated 19 November 2007, particularly the emphasis placed therein on conflict analysis and conflict sensitivity, and strongly encourages the Council and the Commission to implement those conclusions; |
| --- | --- |

25.

Welcomes the first ever EU joint meeting of Defence and Development Ministers on 19 November 2007, which was an important step in reviewing the problems faced by the developing world, thus enhancing coherence and consistency in the EU's short-term actions on security and long-term actions on development vis-à-vis the countries concerned; also welcomes the Council Conclusions on Security and Development dated 19 November 2007, particularly the emphasis placed therein on conflict analysis and conflict sensitivity, and strongly encourages the Council and the Commission to implement those conclusions;

| 26. | Is of the opinion that the 40th anniversary of the Nuclear Non-Proliferation Treaty (NPT) on 1 July 2008 must be seen as an opportunity for the EU to promote the need for nuclear disarmament in its Strategy Against the Proliferation of Weapons of Mass Destruction, with a view to the Preparatory Committees for the forthcoming NPT review conference; reiterates its view that this includes the need for the ‘recognised’ nuclear weapons powers to put forward disarmament initiatives, to make Europe a nuclear-weapon-free zone, and to conclude a global convention banning nuclear weapons; |
| --- | --- |

26.

Is of the opinion that the 40th anniversary of the Nuclear Non-Proliferation Treaty (NPT) on 1 July 2008 must be seen as an opportunity for the EU to promote the need for nuclear disarmament in its Strategy Against the Proliferation of Weapons of Mass Destruction, with a view to the Preparatory Committees for the forthcoming NPT review conference; reiterates its view that this includes the need for the ‘recognised’ nuclear weapons powers to put forward disarmament initiatives, to make Europe a nuclear-weapon-free zone, and to conclude a global convention banning nuclear weapons;

The EU's diplomatic role regarding Iran's nuclear programme

| 27. | Stresses the leading diplomatic role played by the EU with regard to the Iranian nuclear programme, which not only involves the High Representative speaking on behalf of the EU and the EU3 (France, Germany and the United Kingdom), but also the United States, Russia and China bringing together different interests and approaches in pursuit of a common goal; reaffirms that the proliferation risks attaching to the Iranian nuclear programme remain a source of serious concern to the EU and the international community; highlights in this regard its resolution of 31 January 2008 on Iran (6) and supports the UN Security Council's Resolution 1803 (2008) of 3 March 2008 as well as the offer made to Iran by the EU3 and by the United States, Russia and China concerning the peaceful use of nuclear energy, political and economic cooperation, energy partnership, agriculture, environment and infrastructure, civil aviation, and development cooperation in the fields of economic, social and humanitarian aid; |
| --- | --- |

27.

Stresses the leading diplomatic role played by the EU with regard to the Iranian nuclear programme, which not only involves the High Representative speaking on behalf of the EU and the EU3 (France, Germany and the United Kingdom), but also the United States, Russia and China bringing together different interests and approaches in pursuit of a common goal; reaffirms that the proliferation risks attaching to the Iranian nuclear programme remain a source of serious concern to the EU and the international community; highlights in this regard its resolution of 31 January 2008 on Iran (6) and supports the UN Security Council's Resolution 1803 (2008) of 3 March 2008 as well as the offer made to Iran by the EU3 and by the United States, Russia and China concerning the peaceful use of nuclear energy, political and economic cooperation, energy partnership, agriculture, environment and infrastructure, civil aviation, and development cooperation in the fields of economic, social and humanitarian aid;

Transport, communication and intelligence

| 28. | Deplores the delay in delivery and rising costs of the A400M aircraft for long-range transport and the lack of available and operational helicopters for short-range transport; |
| --- | --- |

28.

Deplores the delay in delivery and rising costs of the A400M aircraft for long-range transport and the lack of available and operational helicopters for short-range transport;

| 29. | Endorses the work of the European Defence Agency (EDA) on strategic transport, and calls on the Member Sates to do more to make up for the shortfalls; welcomes interim measures such as SALIS (Strategic Air Lift Interim Solutions) and encourages the development of an operational concept for the pooling of capabilities; |
| --- | --- |

29.

Endorses the work of the European Defence Agency (EDA) on strategic transport, and calls on the Member Sates to do more to make up for the shortfalls; welcomes interim measures such as SALIS (Strategic Air Lift Interim Solutions) and encourages the development of an operational concept for the pooling of capabilities;

| 30. | Welcomes the proposal from the United Kingdom that information about the availability of helicopters for EU missions be shared, with a view to better coordinating fleets; |
| --- | --- |

30.

Welcomes the proposal from the United Kingdom that information about the availability of helicopters for EU missions be shared, with a view to better coordinating fleets;

| 31. | Welcomes the Franco-German heavy transport helicopter project, but is also aware of the complex reasons for the shortage of available and operational helicopters, mostly related to the high costs of flight hours and maintenance; invites the Council to explore possibilities designed to bridge the gap for the near future, either by a joint action or by supporting Member States in the refurbishing and upgrading of Russian-built helicopters as well as establishing a helicopter training centre; reiterates that, generally, one of the principal obstacles to modernising and transforming European forces so as to enable them to cope effectively with the security challenges of the 21st century is not the level of defence expenditure but rather the lack of cooperation, the absence of a clear division of labour and specialisation, and the duplication and fragmentation in arms production and procurement, which increase the risk of non-interoperability between armies; however, urges the Member States to envisage an increase in defence expenditure for the concrete purpose of being able to make efficient use of acquired helicopters; |
| --- | --- |

31.

Welcomes the Franco-German heavy transport helicopter project, but is also aware of the complex reasons for the shortage of available and operational helicopters, mostly related to the high costs of flight hours and maintenance; invites the Council to explore possibilities designed to bridge the gap for the near future, either by a joint action or by supporting Member States in the refurbishing and upgrading of Russian-built helicopters as well as establishing a helicopter training centre; reiterates that, generally, one of the principal obstacles to modernising and transforming European forces so as to enable them to cope effectively with the security challenges of the 21st century is not the level of defence expenditure but rather the lack of cooperation, the absence of a clear division of labour and specialisation, and the duplication and fragmentation in arms production and procurement, which increase the risk of non-interoperability between armies; however, urges the Member States to envisage an increase in defence expenditure for the concrete purpose of being able to make efficient use of acquired helicopters;

| 32. | Calls on the Council and the Commission to keep Parliament informed of current initiatives to address capability gaps in key areas such as helicopters and medical support units, and to put forward joint financial proposals for guaranteed access to such capabilities for both humanitarian and ESDP purposes; |
| --- | --- |

32.

Calls on the Council and the Commission to keep Parliament informed of current initiatives to address capability gaps in key areas such as helicopters and medical support units, and to put forward joint financial proposals for guaranteed access to such capabilities for both humanitarian and ESDP purposes;

| 33. | Welcomes the EDA project on software-defined radio, which has the potential to improve communication between civil and military authorities in the event of an emergency; |
| --- | --- |

33.

Welcomes the EDA project on software-defined radio, which has the potential to improve communication between civil and military authorities in the event of an emergency;

| 34. | Calls on the Member States to increase their exchange of intelligence through the EU Joint Situation Centre; believes that special measures need to be taken into account concerning new threats not covered in the ESS, such as the security of energy supply and the security consequences of climate change; |
| --- | --- |

34.

Calls on the Member States to increase their exchange of intelligence through the EU Joint Situation Centre; believes that special measures need to be taken into account concerning new threats not covered in the ESS, such as the security of energy supply and the security consequences of climate change;

Military capabilities

| 35. | Is of the opinion that the Battle Groups are an instrument which is helping the Member States to transform their armed forces, to strengthen interoperability and to establish a common strategic culture on defence; notes that the Battle Groups have so far not been used, due inter alia to narrowly defined terms of deployment, and deplores the fact that the present Battle Group concept has therefore not solved the force generation problem for concrete operations; is of the view that, in order to avoid a wasteful overlapping of military structure-building, urgent clarification is needed; |
| --- | --- |

35.

Is of the opinion that the Battle Groups are an instrument which is helping the Member States to transform their armed forces, to strengthen interoperability and to establish a common strategic culture on defence; notes that the Battle Groups have so far not been used, due inter alia to narrowly defined terms of deployment, and deplores the fact that the present Battle Group concept has therefore not solved the force generation problem for concrete operations; is of the view that, in order to avoid a wasteful overlapping of military structure-building, urgent clarification is needed;

| 36. | Is aware of the fact that force generation is primarily a question of political will and joint assessment; calls on the Council to examine options to improve force generation, for example through the further development of the Battle Group concept, leading to a larger permanent joint EU Task Force, or through a more extensive catalogue of available capabilities within the framework of the Headline Goal, so as to be in a position to swiftly generate a force adequate to a mission's circumstances; |
| --- | --- |

36.

Is aware of the fact that force generation is primarily a question of political will and joint assessment; calls on the Council to examine options to improve force generation, for example through the further development of the Battle Group concept, leading to a larger permanent joint EU Task Force, or through a more extensive catalogue of available capabilities within the framework of the Headline Goal, so as to be in a position to swiftly generate a force adequate to a mission's circumstances;

| 37. | Calls for the creation within the EU Operations Centre of a permanent planning and operational capability to conduct ESDP military operations; |
| --- | --- |

37.

Calls for the creation within the EU Operations Centre of a permanent planning and operational capability to conduct ESDP military operations;

| 38. | Proposes to place Eurocorps as a standing force under EU command and invites all Member States to contribute to it; |
| --- | --- |

38.

Proposes to place Eurocorps as a standing force under EU command and invites all Member States to contribute to it;

| 39. | Calls for continued improvement in interoperability between EU national armed forces; deplores the existing heterogeneity in training and equipment among various armed forces of the Member States and calls for a military ‘Erasmus’ programme that would include common training for military personnel that could be deployed in operations; |
| --- | --- |

39.

Calls for continued improvement in interoperability between EU national armed forces; deplores the existing heterogeneity in training and equipment among various armed forces of the Member States and calls for a military ‘Erasmus’ programme that would include common training for military personnel that could be deployed in operations;

| 40. | Recalls that the success of ESDP operations depends on military personnel being adequately equipped and provided for; calls on the Council to develop common standards in medical care and operational welfare; is of the opinion that such common standards and a regular exchange of best practices, coordinated for example by the EU Military Staff, would support the individual Member States in their capability development work and thus help them to provide capable forces over time; |
| --- | --- |

40.

Recalls that the success of ESDP operations depends on military personnel being adequately equipped and provided for; calls on the Council to develop common standards in medical care and operational welfare; is of the opinion that such common standards and a regular exchange of best practices, coordinated for example by the EU Military Staff, would support the individual Member States in their capability development work and thus help them to provide capable forces over time;

| 41. | Regrets that the establishment of the EDA came too late to prevent the emergence of three different national programmes on the unmanned air vehicle instead of a single European one, thus enabling some companies to engage in more than one project and thereby to pocket taxpayers’ money several times over, leaving the EDA with no option but to work on the insertion of unmanned air vehicles into the regulated airspace; expresses its preference for a single European satellite project, whether in the field of intelligence or communication; |
| --- | --- |

41.

Regrets that the establishment of the EDA came too late to prevent the emergence of three different national programmes on the unmanned air vehicle instead of a single European one, thus enabling some companies to engage in more than one project and thereby to pocket taxpayers’ money several times over, leaving the EDA with no option but to work on the insertion of unmanned air vehicles into the regulated airspace; expresses its preference for a single European satellite project, whether in the field of intelligence or communication;

| 42. | Welcomes the Commission's defence package, in particular its proposals for a directive in the field of defence procurement and for a directive in the field of intra-Community defence equipment transfers; is of the opinion that these are necessary steps in order to provide national and EU military personnel with the best possible interoperable equipment; |
| --- | --- |

42.

Welcomes the Commission's defence package, in particular its proposals for a directive in the field of defence procurement and for a directive in the field of intra-Community defence equipment transfers; is of the opinion that these are necessary steps in order to provide national and EU military personnel with the best possible interoperable equipment;

| 43. | Welcomes the statement of the EDA steering board of 14 May 2007, especially its call for a reduction of dependence on non-European sources for key defence technologies and underlining the need for the EU to enjoy autonomy and operational sovereignty; |
| --- | --- |

43.

Welcomes the statement of the EDA steering board of 14 May 2007, especially its call for a reduction of dependence on non-European sources for key defence technologies and underlining the need for the EU to enjoy autonomy and operational sovereignty;

Financing ESDP missions

| 44. | Points out that the growing role of the EU, in particular through ESDP civilian missions, is creating a demand for an ever-increasing CFSP budget, and hence demands a greater and more timely flow of information from the Council, so as to enable Parliament to prepare its decisions on the annual budget; |
| --- | --- |

44.

Points out that the growing role of the EU, in particular through ESDP civilian missions, is creating a demand for an ever-increasing CFSP budget, and hence demands a greater and more timely flow of information from the Council, so as to enable Parliament to prepare its decisions on the annual budget;

| 45. | Invites the Council and the Commission to develop proposals enabling flexible procurement procedures appropriate for ESDP civilian missions — which very often require rapid decisions — to be examined and agreed upon by Parliament, the Council and the Commission; welcomes the fact that the Commission has recently opened its training on procurement and financial procedures to staff from ESDP missions; |
| --- | --- |

45.

Invites the Council and the Commission to develop proposals enabling flexible procurement procedures appropriate for ESDP civilian missions — which very often require rapid decisions — to be examined and agreed upon by Parliament, the Council and the Commission; welcomes the fact that the Commission has recently opened its training on procurement and financial procedures to staff from ESDP missions;

| 46. | Regrets the unnecessary complexity of the arrangements laid down in Article 28 of the EU Treaty with regard to the rapid financing of ESDP activities outside the EU budget; insists that the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (7), and the structured dialogue between the Council and Parliament envisaged therein, be fully implemented; in the longer term, calls for the Athena mechanism to be transferred to the CFSP budget while retaining its flexibility; |
| --- | --- |

46.

Regrets the unnecessary complexity of the arrangements laid down in Article 28 of the EU Treaty with regard to the rapid financing of ESDP activities outside the EU budget; insists that the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (7), and the structured dialogue between the Council and Parliament envisaged therein, be fully implemented; in the longer term, calls for the Athena mechanism to be transferred to the CFSP budget while retaining its flexibility;

| 47. | Calls for a mid-term review under the Financial Perspective 2007-2013 regarding the coherence and complementarities of the use of EU external instruments (the CFSP budget, the Instrument for Stability, the Development Cooperation Instrument and the European Neighbourhood Policy Instrument) across the range of EU crisis-management (military and civilian) actions; |
| --- | --- |

47.

Calls for a mid-term review under the Financial Perspective 2007-2013 regarding the coherence and complementarities of the use of EU external instruments (the CFSP budget, the Instrument for Stability, the Development Cooperation Instrument and the European Neighbourhood Policy Instrument) across the range of EU crisis-management (military and civilian) actions;

The ESDP and parliamentary scrutiny

| 48. | Points out that the European Parliament, through its contacts with the national parliaments (Conference of Foreign Affairs Committee Chairs, Conference of Defence Committee Chairs, NATO Parliamentary Assembly) and through the future implementation of the Protocol to the Lisbon Treaty on the role of national parliaments, is the legitimate body at European level in which parliamentary scrutiny, monitoring and control of ESDP should take place; |
| --- | --- |

48.

Points out that the European Parliament, through its contacts with the national parliaments (Conference of Foreign Affairs Committee Chairs, Conference of Defence Committee Chairs, NATO Parliamentary Assembly) and through the future implementation of the Protocol to the Lisbon Treaty on the role of national parliaments, is the legitimate body at European level in which parliamentary scrutiny, monitoring and control of ESDP should take place;

| 49. | In the light of the new potential in CFSP and ESDP, which is to become the Common Security and Defence Policy, afforded by the Treaty of Lisbon, wishes to foster closer collaboration between the relevant committees of the European and national parliaments and the NATO Parliamentary Assembly; |
| --- | --- |

49.

In the light of the new potential in CFSP and ESDP, which is to become the Common Security and Defence Policy, afforded by the Treaty of Lisbon, wishes to foster closer collaboration between the relevant committees of the European and national parliaments and the NATO Parliamentary Assembly;

| 50. | Invites the Political and Security Committee (PSC) to establish, together with Parliament, a mechanism in respect of confidential information on emerging crises or international security events comparable to existing mechanisms in several national parliaments of Member States which would — according to the degree of confidentiality — range from closed committee meetings to meetings between the PSC and appointed members of the relevant committees and subcommittees; |
| --- | --- |

50.

Invites the Political and Security Committee (PSC) to establish, together with Parliament, a mechanism in respect of confidential information on emerging crises or international security events comparable to existing mechanisms in several national parliaments of Member States which would — according to the degree of confidentiality — range from closed committee meetings to meetings between the PSC and appointed members of the relevant committees and subcommittees;

| 51. | Stresses that Parliament should continue to adopt a recommendation or resolution prior to the launch of any ESDP operation (including the launch of a Battle Group), in close consultation with national parliaments, in order to have a European Parliament position available before an ESDP operation; is of the opinion that, in order to ensure flexibility when Parliament is not in plenary session or rapid deployment is deemed necessary, its Rules of Procedure should be adapted with a view to authorising its responsible committee to adopt that recommendation or resolution on its behalf; |
| --- | --- |

51.

Stresses that Parliament should continue to adopt a recommendation or resolution prior to the launch of any ESDP operation (including the launch of a Battle Group), in close consultation with national parliaments, in order to have a European Parliament position available before an ESDP operation; is of the opinion that, in order to ensure flexibility when Parliament is not in plenary session or rapid deployment is deemed necessary, its Rules of Procedure should be adapted with a view to authorising its responsible committee to adopt that recommendation or resolution on its behalf;

| 52. | Asks the Council to include a reference to the recommendation or resolution adopted by Parliament in the Joint Action authorising an ESDP operation, thus demonstrating that the Council is seeking additional democratic legitimacy for its external actions through parliamentary decisions; |
| --- | --- |

52.

Asks the Council to include a reference to the recommendation or resolution adopted by Parliament in the Joint Action authorising an ESDP operation, thus demonstrating that the Council is seeking additional democratic legitimacy for its external actions through parliamentary decisions;

EU-NATO relations

| 53. | Regrets 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 EUPOL Afghanistan and EULEX Kosovo, and calls for the lifting of those objections by Turkey at the earliest possible date; |
| --- | --- |

53.

Regrets 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 EUPOL Afghanistan and EULEX Kosovo, and calls for the lifting of those objections by Turkey at the earliest possible date;

| 54. | Is of the view that the US plan to establish an anti-missile system in Europe at this time may hamper international disarmament efforts; expresses its concerns about Russia's suspension of implementation of its obligations under the Treaty on Conventional Armed Forces in Europe, which has caused worries about the strategic balance in Europe; stresses that both issues affect the security of all European countries and should not therefore be the subject of purely bilateral discussions between the US and individual European countries; calls on the Council and the Member States to establish, together with NATO, a framework designed to include as many European countries as possible in the debate; invites the Council and NATO to evaluate estimated future nuclear threats from certain countries and the danger of a new arms race in Europe and to propose an adequate multilateral response to them; |
| --- | --- |

54.

Is of the view that the US plan to establish an anti-missile system in Europe at this time may hamper international disarmament efforts; expresses its concerns about Russia's suspension of implementation of its obligations under the Treaty on Conventional Armed Forces in Europe, which has caused worries about the strategic balance in Europe; stresses that both issues affect the security of all European countries and should not therefore be the subject of purely bilateral discussions between the US and individual European countries; calls on the Council and the Member States to establish, together with NATO, a framework designed to include as many European countries as possible in the debate; invites the Council and NATO to evaluate estimated future nuclear threats from certain countries and the danger of a new arms race in Europe and to propose an adequate multilateral response to them;

| 55. | Regards the European Union and NATO as mutually reinforcing, and urges close cooperation between them; |
| --- | --- |

55.

Regards the European Union and NATO as mutually reinforcing, and urges close cooperation between them;

*

* *

| 56. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the NATO Parliamentary Assembly and the Secretaries-General of the United Nations, NATO, the African Union, the OSCE, the OECD and the Council of Europe. |
| --- | --- |

56.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the NATO Parliamentary Assembly and the Secretaries-General of the United Nations, NATO, the African Union, the OSCE, the OECD and the Council of Europe.

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(1)  OJ C 33 E, 9.2.2006, p. 580.

(2)  OJ C 314 E, 21.12.2006, p. 334.

(3)  Texts Adopted, P6_TA(2007)0419.

(4)  OJ L 314, 1.12.2007, p. 9.

(5)  OJ L 71, 10.3.2007, p. 9.

(6)  Texts Adopted, P6_TA(2008)0031.

(7)  OJ C 139, 14.6.2006, p. 1. Agreement as last amended by Decision 2008/371/EC of the European Parliament and of the Council (OJ L 128, 16.5.2008, p. 8).

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| 26.11.2009 | EN | Official Journal of the European Union | CE 285/32 |
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26.11.2009

EN

Official Journal of the European Union

CE 285/32

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Thursday 5 June 2008EU-United States Summit

P6_TA(2008)0256

European Parliament resolution of 5 June 2008 on the forthcoming EU-US Summit

2009/C 285 E/05

The European Parliament,

having regard to its previous resolutions on transatlantic relations, in particular its two resolutions of 1 June 2006 on improving EU-US relations in the framework of a Transatlantic Partnership Agreement (1) and on EU-US transatlantic economic relations (2), and its resolution of 25 April 2007 on transatlantic relations (3),

having regard to the Transatlantic Declaration on EU-US Relations of 1990 and the New Transatlantic Agenda (NTA) of 1995,

having regard to the EU-US Declarations on Combating Terrorism of 26 June 2004 and on Enhancing Cooperation in the field of Non Proliferation and the Fight Against Terrorism of 20 June 2005,

having regard to the forthcoming EU-US Summit on 10 June 2008 in Brdo and to the outcome of the EU-US Summit held on 30 April 2007 in Washington D.C.,

having regard to the joint declarations by the 63rd Transatlantic Legislators' Dialogue of October 2007 and the 64th Transatlantic Legislators' Dialogue of May 2008,

having regard to the Summit Declaration of the North Atlantic Council in Bucharest on 3 April 2008,

having regard to its resolution of 8 May 2008 on the Transatlantic Economic Council (4),

having regard to the Paper from the High Representative and the European Commission to the European Council, entitled ‘Climate Change and International Security’ (14 March 2008),

having regard to UN Security Council (UNSC) Resolutions 1803 (2008), 1696 (2006), 1737 (2006) and 1747 (2007) on the Iranian nuclear programme,

having regard to the Presidency Conclusions of the European Council of 16 and 17 December 2004 and in particular to the sections entitled ‘An international order based on effective multilateralism’ and ‘Working with partners’,

having regard to its resolutions on climate change, in particular those of 16 November 2005 (5), 26 October 2006 (6), and 14 February 2007 (7),

having regard to Rule 103(4) of its Rules of Procedure,

| A. | whereas the EU-US partnership is a cornerstone of the external action of the Union and is founded on shared values such as freedom, democracy, human rights and the rule of law, and supports sustainable economies and sustainable development, |
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A.

whereas the EU-US partnership is a cornerstone of the external action of the Union and is founded on shared values such as freedom, democracy, human rights and the rule of law, and supports sustainable economies and sustainable development,

| B. | whereas the European Union and the United States play key roles in the world's economy and politics, and share responsibility for promoting peace, democracy and stability in the world and for tackling global economic challenges, in particular crises in financial markets, trade and currency imbalances and debt crises in some of the poorest countries, |
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B.

whereas the European Union and the United States play key roles in the world's economy and politics, and share responsibility for promoting peace, democracy and stability in the world and for tackling global economic challenges, in particular crises in financial markets, trade and currency imbalances and debt crises in some of the poorest countries,

| C. | whereas the effects of climate change, such as territorial conflicts over resources, rising food prices and migration, are issues of great concern to the peoples and the leaders of the EU; whereas, according to the International Energy Agency, global energy demand will rise by between 50 % and 60 % by 2030, |
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C.

whereas the effects of climate change, such as territorial conflicts over resources, rising food prices and migration, are issues of great concern to the peoples and the leaders of the EU; whereas, according to the International Energy Agency, global energy demand will rise by between 50 % and 60 % by 2030,

| D. | whereas both the EU and the United States can and should play a leading international role in tackling climate change, |
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D.

whereas both the EU and the United States can and should play a leading international role in tackling climate change,

| E. | whereas world demand for food is rising faster than supply, not least because of rising demand in emerging economies such as India and China for, in particular, meat and dairy products, and therefore also for feed; whereas, according to the Organization for Economic Cooperation and Development (OECD), current US subsidies for converting corn into ethanol have contributed to the global increase in food prices, which impacts most heavily on the world's poorest countries, |
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E.

whereas world demand for food is rising faster than supply, not least because of rising demand in emerging economies such as India and China for, in particular, meat and dairy products, and therefore also for feed; whereas, according to the Organization for Economic Cooperation and Development (OECD), current US subsidies for converting corn into ethanol have contributed to the global increase in food prices, which impacts most heavily on the world's poorest countries,

| F. | whereas in most developing countries, most of the Millennium Development Goal (MDG) targets will not be met by the 2015 deadline, |
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F.

whereas in most developing countries, most of the Millennium Development Goal (MDG) targets will not be met by the 2015 deadline,

| G. | whereas there is consensus within the EU on reviving and strengthening the Non-Proliferation Treaty (NPT) in the period leading up to the forthcoming 2010 NPT Review Conference, |
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G.

whereas there is consensus within the EU on reviving and strengthening the Non-Proliferation Treaty (NPT) in the period leading up to the forthcoming 2010 NPT Review Conference,

| H. | whereas Israeli and Palestinian leaders agreed in Annapolis to engage in renewed negotiations with the aim of concluding an agreement before the end of 2008; whereas efforts to bring stability to the Middle East by promoting peace, democracy and respect for human rights require strong cooperation between the EU and the United States, including within the framework of the Middle East Quartet and with the League of Arab States, |
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H.

whereas Israeli and Palestinian leaders agreed in Annapolis to engage in renewed negotiations with the aim of concluding an agreement before the end of 2008; whereas efforts to bring stability to the Middle East by promoting peace, democracy and respect for human rights require strong cooperation between the EU and the United States, including within the framework of the Middle East Quartet and with the League of Arab States,

| I. | whereas close cooperation between the EU and the United States in Kosovo is crucial to the stability and development of the Western Balkans; whereas the United States has made a commitment in principle to participating in this key ESDP/Rule of Law mission in Kosovo (EULEX) with approximately 80 police officers, 2 judges and 4 to 6 prosecutors, |
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I.

whereas close cooperation between the EU and the United States in Kosovo is crucial to the stability and development of the Western Balkans; whereas the United States has made a commitment in principle to participating in this key ESDP/Rule of Law mission in Kosovo (EULEX) with approximately 80 police officers, 2 judges and 4 to 6 prosecutors,

| J. | whereas, in the fight against international terrorism, it is necessary to stress the importance of fully respecting international law and treaties regarding human rights and fundamental freedoms, |
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J.

whereas, in the fight against international terrorism, it is necessary to stress the importance of fully respecting international law and treaties regarding human rights and fundamental freedoms,

| K. | whereas in a historic vote the UN General Assembly adopted on 18 December 2007 a resolution sponsored by a cross-regional alliance, including the EU, on a moratorium on the death penalty; whereas it is deeply concerned at the continued existence of the death penalty in many US states, |
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K.

whereas in a historic vote the UN General Assembly adopted on 18 December 2007 a resolution sponsored by a cross-regional alliance, including the EU, on a moratorium on the death penalty; whereas it is deeply concerned at the continued existence of the death penalty in many US states,

| L. | whereas a cooperative transatlantic economic relationship is in the mutual interests of the EU and the United States, and whereas consistent political leadership is needed to strengthen the transatlantic market; whereas it supports the ongoing work of the Transatlantic Economic Council and hopes that it will become one of the cornerstones of EU-US relations, |
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L.

whereas a cooperative transatlantic economic relationship is in the mutual interests of the EU and the United States, and whereas consistent political leadership is needed to strengthen the transatlantic market; whereas it supports the ongoing work of the Transatlantic Economic Council and hopes that it will become one of the cornerstones of EU-US relations,

| M. | whereas it is necessary to advance freedom and democracy in the world and to address the challenges which they pose, such as international security, the eradication of poverty, promotion of development, the need for disarmament efforts worldwide, the protection of human rights, confronting global health risks, environmental issues and energy security, combating international terrorism and organised crime, and the non-proliferation of weapons of mass destruction; whereas, as the European Security Strategy makes clear, the Transatlantic Partnership and NATO are very important for collective security, |
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M.

whereas it is necessary to advance freedom and democracy in the world and to address the challenges which they pose, such as international security, the eradication of poverty, promotion of development, the need for disarmament efforts worldwide, the protection of human rights, confronting global health risks, environmental issues and energy security, combating international terrorism and organised crime, and the non-proliferation of weapons of mass destruction; whereas, as the European Security Strategy makes clear, the Transatlantic Partnership and NATO are very important for collective security,

| N. | whereas it is in the interests of both partners to confront in unison common threats and challenges on the basis of existing international treaties and the effective work of international institutions, and in particular on the basis of the UN system in accordance with the UN Charter, |
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N.

whereas it is in the interests of both partners to confront in unison common threats and challenges on the basis of existing international treaties and the effective work of international institutions, and in particular on the basis of the UN system in accordance with the UN Charter,

| O. | whereas during the last few years several agreements prompted by US requirements and adopted without any involvement of Parliament, notably the PNR (Passenger Name Record) agreement, the SWIFT memorandum and the existence of the US Automated Targeting System, have led to legal uncertainty with regard to the necessary transatlantic data protection guarantees in relation to the sharing and transfer of data between the EU and the US for the purposes of fighting terrorism, |
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O.

whereas during the last few years several agreements prompted by US requirements and adopted without any involvement of Parliament, notably the PNR (Passenger Name Record) agreement, the SWIFT memorandum and the existence of the US Automated Targeting System, have led to legal uncertainty with regard to the necessary transatlantic data protection guarantees in relation to the sharing and transfer of data between the EU and the US for the purposes of fighting terrorism,

Transatlantic relations in general

| 1. | Looks forward, in the light of the forthcoming US presidential election, to working with the new US President, and hopes for a strengthened US commitment to multilateralism and to peace and democracy worldwide; believes that the partnership between the EU and the United States on sensitive issues such as the global challenges of poverty and climate change needs to be reinforced; is aware that on some subjects, such as the International Criminal Court (ICC), methods applied in the fight against terrorism and the Kyoto Protocol to the UN Framework Convention on Climate Change, transatlantic differences of approach still persist; hopes that the next President of the United States engages his Administration in solving these problems; |
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1.

Looks forward, in the light of the forthcoming US presidential election, to working with the new US President, and hopes for a strengthened US commitment to multilateralism and to peace and democracy worldwide; believes that the partnership between the EU and the United States on sensitive issues such as the global challenges of poverty and climate change needs to be reinforced; is aware that on some subjects, such as the International Criminal Court (ICC), methods applied in the fight against terrorism and the Kyoto Protocol to the UN Framework Convention on Climate Change, transatlantic differences of approach still persist; hopes that the next President of the United States engages his Administration in solving these problems;

| 2. | Urges the EU and the United States to work more closely together on a wide range of common policy challenges, notably in the Middle East, Iran, Iraq, Kosovo and the Western Balkans, Afghanistan and Africa, and to work together to establish an international environment conducive to improving the security and human rights situation in places such as Burma and Zimbabwe, maintaining a focus on these issues in all relevant fora, including the UNSC; calls for a common approach to relations with other major geopolitical actors; |
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2.

Urges the EU and the United States to work more closely together on a wide range of common policy challenges, notably in the Middle East, Iran, Iraq, Kosovo and the Western Balkans, Afghanistan and Africa, and to work together to establish an international environment conducive to improving the security and human rights situation in places such as Burma and Zimbabwe, maintaining a focus on these issues in all relevant fora, including the UNSC; calls for a common approach to relations with other major geopolitical actors;

Climate change

| 3. | Strongly encourages both partners to agree on a joint approach to limit climate change to a maximum temperature increase of 2 °C over pre-industrialised levels through fair contributions to efforts to reduce greenhouse-gas emissions by developed and developing countries, in accordance with their different responsibilities and respective capabilities, recognises the responsibility of developed countries to take the lead; welcomes the commitments by the principal US presidential candidates to addressing greenhouse-gas emissions and to reaching international agreement by 2009 to avert dangerous climate change; |
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3.

Strongly encourages both partners to agree on a joint approach to limit climate change to a maximum temperature increase of 2 °C over pre-industrialised levels through fair contributions to efforts to reduce greenhouse-gas emissions by developed and developing countries, in accordance with their different responsibilities and respective capabilities, recognises the responsibility of developed countries to take the lead; welcomes the commitments by the principal US presidential candidates to addressing greenhouse-gas emissions and to reaching international agreement by 2009 to avert dangerous climate change;

| 4. | Urges the United States to do its utmost to wrap up work on its domestic climate legislation by the December 2009 UN conference in Copenhagen; also invites the United States to persist in its efforts to establish a carbon trading system that in the future could be linked with the EU Emissions Trading Scheme (EU ETS), since both the environment and industry generally will be best served if the emerging carbon market mechanisms throughout the world are compatible and interoperable; welcomes, therefore, the provision in the EU ETS draft proposals to allow linking up to other mandatory cap-and-trade systems, including sub-national systems; in this context, is encouraged by the emergence of regional carbon trade systems within the United States; |
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4.

Urges the United States to do its utmost to wrap up work on its domestic climate legislation by the December 2009 UN conference in Copenhagen; also invites the United States to persist in its efforts to establish a carbon trading system that in the future could be linked with the EU Emissions Trading Scheme (EU ETS), since both the environment and industry generally will be best served if the emerging carbon market mechanisms throughout the world are compatible and interoperable; welcomes, therefore, the provision in the EU ETS draft proposals to allow linking up to other mandatory cap-and-trade systems, including sub-national systems; in this context, is encouraged by the emergence of regional carbon trade systems within the United States;

| 5. | Welcomes the abovementioned report by the High Representative and the Commission on the security implications of climate change; urges the EU-US Summit to address this issue as a matter of priority, building on the successful Bali conference in December 2007; calls on the EU and the United States to work together to achieve an ambitious post-2012 agreement in 2009, including both mitigation and adaptation action at international level; also notes with interest the proposals under discussion in the US Congress on the creation of an International Clean Technology Fund, and encourages the Commission to open a dialogue with the US Administration on this issue; |
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5.

Welcomes the abovementioned report by the High Representative and the Commission on the security implications of climate change; urges the EU-US Summit to address this issue as a matter of priority, building on the successful Bali conference in December 2007; calls on the EU and the United States to work together to achieve an ambitious post-2012 agreement in 2009, including both mitigation and adaptation action at international level; also notes with interest the proposals under discussion in the US Congress on the creation of an International Clean Technology Fund, and encourages the Commission to open a dialogue with the US Administration on this issue;

Terrorism and human rights

| 6. | Is concerned that the very existence of the Guantanamo Bay detention centre and the practice of arbitrary arrests and extraordinary renditions continues to send out a negative signal as to how the fight against terrorism is being pursued; urges the Council to issue a clear and forceful declaration calling on the US Government to put an end to the practice of arbitrary arrests and extraordinary renditions and to request the US Government to try or release the remaining detainees and to resettle and compensate them in full compliance with international law and standards and to give clarifications regarding the existence of secret prisons outside US territory; |
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6.

Is concerned that the very existence of the Guantanamo Bay detention centre and the practice of arbitrary arrests and extraordinary renditions continues to send out a negative signal as to how the fight against terrorism is being pursued; urges the Council to issue a clear and forceful declaration calling on the US Government to put an end to the practice of arbitrary arrests and extraordinary renditions and to request the US Government to try or release the remaining detainees and to resettle and compensate them in full compliance with international law and standards and to give clarifications regarding the existence of secret prisons outside US territory;

| 7. | Regrets the US administration's decision to build a new detention complex in Afghanistan, as a stark acknowledgement that the US is likely to continue to hold prisoners overseas for years to come; |
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7.

Regrets the US administration's decision to build a new detention complex in Afghanistan, as a stark acknowledgement that the US is likely to continue to hold prisoners overseas for years to come;

| 8. | Reiterates its call on the Council and the Commission to finally implement the recommendations addressed to them by its Temporary Committee on Alleged use of European countries by the CIA for the transport and illegal detention of prisoners (TDIP); |
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8.

Reiterates its call on the Council and the Commission to finally implement the recommendations addressed to them by its Temporary Committee on Alleged use of European countries by the CIA for the transport and illegal detention of prisoners (TDIP);

| 9. | Calls on the United States immediately to lift the visa regime and to treat all citizens of EU Member States equally, on the basis of full reciprocity; in this context, welcomes the start of EU-US talks on the new set of US security demands to establish a visa-free regime; is of the opinion that the negotiations must be transparent, be based on reciprocity and respect EU data protection provisions; |
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9.

Calls on the United States immediately to lift the visa regime and to treat all citizens of EU Member States equally, on the basis of full reciprocity; in this context, welcomes the start of EU-US talks on the new set of US security demands to establish a visa-free regime; is of the opinion that the negotiations must be transparent, be based on reciprocity and respect EU data protection provisions;

| 10. | Welcomes the recognition by the United States of the European Community's competence to negotiate such an agreement and notes that matters falling within EU competence, such as security-related matters (including exchange of PNR data, extradition and legal mutual assistance), should be negotiated with the Council, and with Member States only insofar as they relate to their own nationals; |
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10.

Welcomes the recognition by the United States of the European Community's competence to negotiate such an agreement and notes that matters falling within EU competence, such as security-related matters (including exchange of PNR data, extradition and legal mutual assistance), should be negotiated with the Council, and with Member States only insofar as they relate to their own nationals;

| 11. | Underlines that sharing of data and information can be a valuable tool in the international fight against terrorism and related crime, but stresses that the sharing of personal data must take place within a proper legal framework with clear rules and conditions, ensuring adequate protection of the privacy and civil liberties of individual citizens and providing for mechanisms for obtaining redress where necessary, and that such data sharing should be based on a binding international agreement with the full involvement of Parliament and the US Congress; stresses that the necessary data exchange should be in accordance with the existing EU-US agreement on extradition and mutual legal assistance, should comply with EC and EU data protection legislation and should be accompanied by coordination between intelligence and law enforcement agencies, including, where appropriate, at operational level, and by judicial cooperation under the EU-US agreement on extradition and mutual legal assistance; |
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11.

Underlines that sharing of data and information can be a valuable tool in the international fight against terrorism and related crime, but stresses that the sharing of personal data must take place within a proper legal framework with clear rules and conditions, ensuring adequate protection of the privacy and civil liberties of individual citizens and providing for mechanisms for obtaining redress where necessary, and that such data sharing should be based on a binding international agreement with the full involvement of Parliament and the US Congress; stresses that the necessary data exchange should be in accordance with the existing EU-US agreement on extradition and mutual legal assistance, should comply with EC and EU data protection legislation and should be accompanied by coordination between intelligence and law enforcement agencies, including, where appropriate, at operational level, and by judicial cooperation under the EU-US agreement on extradition and mutual legal assistance;

| 12. | Stresses the importance of respecting fundamental rights and the rule of law in the fight against terrorism and organised crime, and urges the Commission to inform the Parliament of progress made in the negotiation of a Euro-Atlantic cooperation framework, particularly as regards the protection of personal data and private life; calls for the urgent elaboration of global data protection standards in the context of the Transatlantic Economic Council, so as to guarantee a high level of protection of personal data, and legal certainty for companies; |
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12.

Stresses the importance of respecting fundamental rights and the rule of law in the fight against terrorism and organised crime, and urges the Commission to inform the Parliament of progress made in the negotiation of a Euro-Atlantic cooperation framework, particularly as regards the protection of personal data and private life; calls for the urgent elaboration of global data protection standards in the context of the Transatlantic Economic Council, so as to guarantee a high level of protection of personal data, and legal certainty for companies;

| 13. | Calls on the EU and US governments to launch an initiative within the UN in order to reform the existing practice of sanctions lists, including the establishment of due procedures for a fair hearing, statement of reasons and effective judicial protection and remedy; stresses at the same time the necessity to improve the procedures relating to the EU's ‘black list’; |
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13.

Calls on the EU and US governments to launch an initiative within the UN in order to reform the existing practice of sanctions lists, including the establishment of due procedures for a fair hearing, statement of reasons and effective judicial protection and remedy; stresses at the same time the necessity to improve the procedures relating to the EU's ‘black list’;

Nuclear proliferation, missile defence, arms control and NATO

| 14. | Reiterates its full support for the UNSC resolutions on Iran adopted under Article 41, Chapter VII, of the UN Charter, and calls on the EU and the United States to agree on a common strategy that would convince Teheran to abide by the UNSC resolutions; |
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14.

Reiterates its full support for the UNSC resolutions on Iran adopted under Article 41, Chapter VII, of the UN Charter, and calls on the EU and the United States to agree on a common strategy that would convince Teheran to abide by the UNSC resolutions;

| 15. | Welcomes the close cooperation between the EU and the United States on the Iranian nuclear issue leading, on 3 March 2008, to the adoption by the UNSC of the abovementioned Resolution 1803 (2008), which imposes new sanctions on Iran; calls on the United States, following its diplomatic success in the negotiations with North Korea, to participate directly in negotiations with Iran along with the EU, since the United States is in a position to offer additional security guarantees taking account of Iran's security concerns; stresses the importance of cooperation with the United States, Russia, China and non-aligned countries with a view to considering complementary ideas aimed at achieving a comprehensive agreement with Iran on its nuclear facilities and their use; |
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15.

Welcomes the close cooperation between the EU and the United States on the Iranian nuclear issue leading, on 3 March 2008, to the adoption by the UNSC of the abovementioned Resolution 1803 (2008), which imposes new sanctions on Iran; calls on the United States, following its diplomatic success in the negotiations with North Korea, to participate directly in negotiations with Iran along with the EU, since the United States is in a position to offer additional security guarantees taking account of Iran's security concerns; stresses the importance of cooperation with the United States, Russia, China and non-aligned countries with a view to considering complementary ideas aimed at achieving a comprehensive agreement with Iran on its nuclear facilities and their use;

| 16. | Welcomes the recent initiative by the UNSC member countries and Germany (the P5+1) to present a new package of incentives to Iran in an effort to convince it to halt its uranium enrichment programme; calls on the United States, in the interests of finding a solution, fully to endorse negotiations with Iran within the limits of the rules and obligations of the NPT; |
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16.

Welcomes the recent initiative by the UNSC member countries and Germany (the P5+1) to present a new package of incentives to Iran in an effort to convince it to halt its uranium enrichment programme; calls on the United States, in the interests of finding a solution, fully to endorse negotiations with Iran within the limits of the rules and obligations of the NPT;

| 17. | Calls for a strengthening of the international system of treaties and regimes against the proliferation of weapons of mass destruction; stresses the need for closer cooperation between the EU and the United States in combating terrorism and the proliferation of weapons of mass destruction, in compliance with international law, and for both sides to support the role that the UN must play in these areas; urges the Council to discuss with its US counterparts how to make a positive approach to future NPT Preparatory Committees (NPT PrepComs), as a first opportunity to strengthen the global non-nuclear proliferation regime in the run-up to the NPT Review Conference in 2010; underlines the need to discuss at the summit a number of nuclear disarmament initiatives based on the ‘13 practical steps’ agreed to unanimously in the 2000 NPT Review Conference; hopes that at this summit the US Administration will be willing to adopt a common strategy with the EU aimed at making progress on disarmament in terms of both weapons of mass destruction and conventional weaponry; calls on the EU and the United States to avoid the potential vacuum in the period 2009-2010, when the major agreements on disarmament will be due to be renewed; hopes that the very important agreements reached in 1999, 2000 and 2001 with Russia will be maintained; calls on the United States to ratify the Comprehensive Test Ban Treaty (CTBT) as a meaningful step towards reducing the operational relevance of nuclear weapons; |
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17.

Calls for a strengthening of the international system of treaties and regimes against the proliferation of weapons of mass destruction; stresses the need for closer cooperation between the EU and the United States in combating terrorism and the proliferation of weapons of mass destruction, in compliance with international law, and for both sides to support the role that the UN must play in these areas; urges the Council to discuss with its US counterparts how to make a positive approach to future NPT Preparatory Committees (NPT PrepComs), as a first opportunity to strengthen the global non-nuclear proliferation regime in the run-up to the NPT Review Conference in 2010; underlines the need to discuss at the summit a number of nuclear disarmament initiatives based on the ‘13 practical steps’ agreed to unanimously in the 2000 NPT Review Conference; hopes that at this summit the US Administration will be willing to adopt a common strategy with the EU aimed at making progress on disarmament in terms of both weapons of mass destruction and conventional weaponry; calls on the EU and the United States to avoid the potential vacuum in the period 2009-2010, when the major agreements on disarmament will be due to be renewed; hopes that the very important agreements reached in 1999, 2000 and 2001 with Russia will be maintained; calls on the United States to ratify the Comprehensive Test Ban Treaty (CTBT) as a meaningful step towards reducing the operational relevance of nuclear weapons;

| 18. | Calls on the EU Member States and the US to work together on fresh ideas for launching a redefined and stronger EU-NATO partnership, going beyond Berlin-Plus, given the need for greater cooperation in Afghanistan; takes the view that the efforts to adjust and refine the European Security Strategy should be linked to the early phase of discussions on a new NATO Strategic Concept; underlines the importance of NATO, which remains the essential forum for security consultations between Europe and the United States, as well as the importance of the EU's common foreign and security policy in strengthening the EU's ability to confront existing and emerging 21st-century security threats; welcomes the US recognition at the Bucharest Summit that building a strong NATO alliance requires strong European defence effectiveness; recommends developing the existing relationship between NATO and the EU regarding security matters, while respecting the independent nature of both organisations; |
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18.

Calls on the EU Member States and the US to work together on fresh ideas for launching a redefined and stronger EU-NATO partnership, going beyond Berlin-Plus, given the need for greater cooperation in Afghanistan; takes the view that the efforts to adjust and refine the European Security Strategy should be linked to the early phase of discussions on a new NATO Strategic Concept; underlines the importance of NATO, which remains the essential forum for security consultations between Europe and the United States, as well as the importance of the EU's common foreign and security policy in strengthening the EU's ability to confront existing and emerging 21st-century security threats; welcomes the US recognition at the Bucharest Summit that building a strong NATO alliance requires strong European defence effectiveness; recommends developing the existing relationship between NATO and the EU regarding security matters, while respecting the independent nature of both organisations;

| 19. | Is of the view that the US plan to establish an anti-missile system in Europe at this time may hamper international disarmament efforts; expresses concern over Russia's decision to suspend the observance of its obligations under the Treaty on Conventional Armed Forces in Europe; stresses that both issues affect the security of the peoples of Europe and should therefore not be the subject of purely bilateral discussions between the US and individual European countries; notes, in this respect, the Bucharest Summit Declaration issued at the last meeting of the North Atlantic Council of 3 April 2008, calling for a comprehensive missile defence architecture that would extend coverage to all allied territory; calls on the Council and the Member States to establish a framework designed to include all EU Member States and NATO in the debate on the matter; |
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19.

Is of the view that the US plan to establish an anti-missile system in Europe at this time may hamper international disarmament efforts; expresses concern over Russia's decision to suspend the observance of its obligations under the Treaty on Conventional Armed Forces in Europe; stresses that both issues affect the security of the peoples of Europe and should therefore not be the subject of purely bilateral discussions between the US and individual European countries; notes, in this respect, the Bucharest Summit Declaration issued at the last meeting of the North Atlantic Council of 3 April 2008, calling for a comprehensive missile defence architecture that would extend coverage to all allied territory; calls on the Council and the Member States to establish a framework designed to include all EU Member States and NATO in the debate on the matter;

| 20. | Looks forward to a reassessment of the security dimension of EU-US relations in the light of the outcome of the NATO Strategic Review, the update of the European Security Strategy and the arrival in office of a new US Administration; |
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20.

Looks forward to a reassessment of the security dimension of EU-US relations in the light of the outcome of the NATO Strategic Review, the update of the European Security Strategy and the arrival in office of a new US Administration;

Development cooperation and food prices

| 21. | Calls for increased emergency aid to address the immediate threat to the world's poorest people posed by higher food prices; recognises, however, that money is not enough and therefore calls on the Council, the Commission and the US Congress and Administration to address structural problems such as under-investment in agriculture; calls for a coordinated global approach by the EU, the United States and multilateral organisations, which should include fairer trade rules and increased investment in agriculture in developing countries, focused on small-scale producers and women; calls on the donors to provide support and help fund safety-nets for the most vulnerable people; calls on the leaders of the EU and the United States actively to support and participate in the High-Level Task Force on the Global Food Crisis, established under the leadership of UN Secretary-General Ban Ki-moon; |
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21.

Calls for increased emergency aid to address the immediate threat to the world's poorest people posed by higher food prices; recognises, however, that money is not enough and therefore calls on the Council, the Commission and the US Congress and Administration to address structural problems such as under-investment in agriculture; calls for a coordinated global approach by the EU, the United States and multilateral organisations, which should include fairer trade rules and increased investment in agriculture in developing countries, focused on small-scale producers and women; calls on the donors to provide support and help fund safety-nets for the most vulnerable people; calls on the leaders of the EU and the United States actively to support and participate in the High-Level Task Force on the Global Food Crisis, established under the leadership of UN Secretary-General Ban Ki-moon;

| 22. | Welcomes the initiative of the US Administration to untie food aid, and sees this initiative as a first important step in reforming the entire food aid programme to take full account of the need proactively to support enhanced regional and local food security, which in the past was often undermined by tied US food aid; |
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22.

Welcomes the initiative of the US Administration to untie food aid, and sees this initiative as a first important step in reforming the entire food aid programme to take full account of the need proactively to support enhanced regional and local food security, which in the past was often undermined by tied US food aid;

| 23. | Calls on the Commission to raise the issue of the need to dedicate a major part of the EU-US development aid budget to agricultural research and training and exchange of best practice for farmers, in order to further develop efficient, sustainable crop systems, such as crop rotation and mixed cultivation of crops, and participatory, locally adapted, non-GMO (genetically modified organism) plant and animal breeding in order to create stability in local food supply and sound farming systems with low energy input in the long term; |
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23.

Calls on the Commission to raise the issue of the need to dedicate a major part of the EU-US development aid budget to agricultural research and training and exchange of best practice for farmers, in order to further develop efficient, sustainable crop systems, such as crop rotation and mixed cultivation of crops, and participatory, locally adapted, non-GMO (genetically modified organism) plant and animal breeding in order to create stability in local food supply and sound farming systems with low energy input in the long term;

| 24. | Regrets the decision of the US government to decrease its financial support for the UN Population Fund (UNFPA); points to the UNFPA's instrumental role in achieving a voluntary decline of fertility rates in less developed countries; believes that access to contraceptives and reproductive services, the empowerment of girls and women, and the promotion of maternal and child health are crucial strategies for slowing population growth and maintaining resource sustainability; urges, therefore, the US government to increase its funding for the UNFPA; |
| --- | --- |

24.

Regrets the decision of the US government to decrease its financial support for the UN Population Fund (UNFPA); points to the UNFPA's instrumental role in achieving a voluntary decline of fertility rates in less developed countries; believes that access to contraceptives and reproductive services, the empowerment of girls and women, and the promotion of maternal and child health are crucial strategies for slowing population growth and maintaining resource sustainability; urges, therefore, the US government to increase its funding for the UNFPA;

| 25. | Calls on the EU and the United States to make the MDGs the heart of international development policy; urges the Council, the Commission, the Member States and the United States to scale up their assistance to developing countries in order to maintain the credibility of their commitments to increase aid; recognises the increased commitment of the United States to development aid in general and to Africa in particular; urges the US President to use his last year in office to aim for ambitious outcomes for the G8 meeting in Japan in July 2008 and the UN MDGs summit in New York in September 2008; calls on the EU to keep the MDGs and annual timetables for achieving 0,7 % in ODA as a key point on the agenda for the European Council on 19-20 June 2008; |
| --- | --- |

25.

Calls on the EU and the United States to make the MDGs the heart of international development policy; urges the Council, the Commission, the Member States and the United States to scale up their assistance to developing countries in order to maintain the credibility of their commitments to increase aid; recognises the increased commitment of the United States to development aid in general and to Africa in particular; urges the US President to use his last year in office to aim for ambitious outcomes for the G8 meeting in Japan in July 2008 and the UN MDGs summit in New York in September 2008; calls on the EU to keep the MDGs and annual timetables for achieving 0,7 % in ODA as a key point on the agenda for the European Council on 19-20 June 2008;

International relations

| 26. | Underlines that the resolution of the Israeli-Palestinian conflict is crucial to securing peace and stability in the Middle East; reminds the parties of the commitments which they made in Annapolis to holding negotiations in good faith with a view to concluding a peace treaty by the end of 2008, resolving all outstanding issues; stresses again the importance of the Arab Peace Initiative and urges the EU and the United States to ensure the constructive involvement of Arab partners; reiterates its call on Israel to freeze all settlement activities, including natural growth, and to dismantle outposts erected since March 2001; reiterates its deep concern at the humanitarian and political crisis in the Gaza Strip and its further possible grave consequences; calls for an immediate end to the firing of rockets by Palestinian militias from the Gaza Strip into Israeli territory; fully supports the efforts by Egypt to bring about a cessation of violence and a solution that will allow for the reopening of all crossings; |
| --- | --- |

26.

Underlines that the resolution of the Israeli-Palestinian conflict is crucial to securing peace and stability in the Middle East; reminds the parties of the commitments which they made in Annapolis to holding negotiations in good faith with a view to concluding a peace treaty by the end of 2008, resolving all outstanding issues; stresses again the importance of the Arab Peace Initiative and urges the EU and the United States to ensure the constructive involvement of Arab partners; reiterates its call on Israel to freeze all settlement activities, including natural growth, and to dismantle outposts erected since March 2001; reiterates its deep concern at the humanitarian and political crisis in the Gaza Strip and its further possible grave consequences; calls for an immediate end to the firing of rockets by Palestinian militias from the Gaza Strip into Israeli territory; fully supports the efforts by Egypt to bring about a cessation of violence and a solution that will allow for the reopening of all crossings;

| 27. | Welcomes the announcement that Syria and Israel are engaged in indirect peace negotiations under the auspices of Turkey; |
| --- | --- |

27.

Welcomes the announcement that Syria and Israel are engaged in indirect peace negotiations under the auspices of Turkey;

| 28. | Welcomes the election of Michel Suleiman as President of Lebanon; stresses the importance of Lebanon's stability, sovereignty, independence and territorial integrity; urges the parties to fully implement the agreement reached in Doha and calls on the EU and the US to support all the efforts in this respect; |
| --- | --- |

28.

Welcomes the election of Michel Suleiman as President of Lebanon; stresses the importance of Lebanon's stability, sovereignty, independence and territorial integrity; urges the parties to fully implement the agreement reached in Doha and calls on the EU and the US to support all the efforts in this respect;

| 29. | Underlines that Euro-Atlantic and wider international security is closely tied to Afghanistan's future as a peaceful, democratic state that is respectful of human rights and free from the threat of terrorism; welcomes, therefore, NATO's firm and long-term commitment to Afghanistan as underlined in ISAF's (International Security Assistance Force) ‘New Strategic Vision’, as well as the comprehensive approach by the international community, bringing together civilian and military efforts, including the EU Police Mission (EUPOL) which is part of the overall EU commitment to Afghanistan and of a coordinated EU approach that includes local political guidance provided by the EU Special Representative and a reconstruction effort managed inter alia through the Commission; calls on the EU and the United States to take urgent steps to increase, improve and better coordinate their development assistance to Afghanistan, inter alia by channelling as many funds as possible to Afghan institutions and experienced non-governmental organisations; |
| --- | --- |

29.

Underlines that Euro-Atlantic and wider international security is closely tied to Afghanistan's future as a peaceful, democratic state that is respectful of human rights and free from the threat of terrorism; welcomes, therefore, NATO's firm and long-term commitment to Afghanistan as underlined in ISAF's (International Security Assistance Force) ‘New Strategic Vision’, as well as the comprehensive approach by the international community, bringing together civilian and military efforts, including the EU Police Mission (EUPOL) which is part of the overall EU commitment to Afghanistan and of a coordinated EU approach that includes local political guidance provided by the EU Special Representative and a reconstruction effort managed inter alia through the Commission; calls on the EU and the United States to take urgent steps to increase, improve and better coordinate their development assistance to Afghanistan, inter alia by channelling as many funds as possible to Afghan institutions and experienced non-governmental organisations;

| 30. | Calls on the Council to engage in a dialogue with the United States about Iraq, sharing the EU's views about its strategic role in the country, and to continue supporting the enhanced multilateralisation of the role played by the international community in Iraq by making full use of the expanded role of the UN in accordance with UNSC Resolution 1770 (2007); |
| --- | --- |

30.

Calls on the Council to engage in a dialogue with the United States about Iraq, sharing the EU's views about its strategic role in the country, and to continue supporting the enhanced multilateralisation of the role played by the international community in Iraq by making full use of the expanded role of the UN in accordance with UNSC Resolution 1770 (2007);

| 31. | Underlines the ongoing common commitment to regional security and stability throughout the Balkans; praises the prompt, impartial and effective performance by the NATO's International Security Force in Kosovo (KFOR) in the face of the recent outbreak of violence in Kosovo, and stresses the need for KFOR to remain in Kosovo on the basis of UNSC Resolution 1244 (1999) in order to ensure a safe and secure environment, including freedom of movement for all people and all international presences in Kosovo; underlines in this context that the EU is playing an important role in Kosovo, welcomes the launching of EULEX in Kosovo and insists that EULEX be present on the entire territory of Kosovo; |
| --- | --- |

31.

Underlines the ongoing common commitment to regional security and stability throughout the Balkans; praises the prompt, impartial and effective performance by the NATO's International Security Force in Kosovo (KFOR) in the face of the recent outbreak of violence in Kosovo, and stresses the need for KFOR to remain in Kosovo on the basis of UNSC Resolution 1244 (1999) in order to ensure a safe and secure environment, including freedom of movement for all people and all international presences in Kosovo; underlines in this context that the EU is playing an important role in Kosovo, welcomes the launching of EULEX in Kosovo and insists that EULEX be present on the entire territory of Kosovo;

| 32. | Believes that the EU and the United States must urgently deal with short-term challenges of security and longer-term challenges of Kosovo's development with a view to achieving a common objective: a functional state, a multi-ethnic society with strong, functioning institutions and respect for the rule of law; welcomes the fact that for the first time the EULEX Mission to Kosovo will include US police officers; notes that the US Administration will second a number of State Department staff and contractors to the operation in Kosovo and will cover 25 percent of the operating costs of the International Civilian Office (ICO), with the remainder coming from contributions from the European Commission, and from other states; |
| --- | --- |

32.

Believes that the EU and the United States must urgently deal with short-term challenges of security and longer-term challenges of Kosovo's development with a view to achieving a common objective: a functional state, a multi-ethnic society with strong, functioning institutions and respect for the rule of law; welcomes the fact that for the first time the EULEX Mission to Kosovo will include US police officers; notes that the US Administration will second a number of State Department staff and contractors to the operation in Kosovo and will cover 25 percent of the operating costs of the International Civilian Office (ICO), with the remainder coming from contributions from the European Commission, and from other states;

| 33. | Calls for concerted action vis-à-vis China with regard, in particular, to the urgency of finding ways to promote democracy in that country, defuse tension in cross-straits relations and facilitate the dialogue between the Beijing authorities and the Dalai Lama in order to make concrete progress on the question of Tibet; |
| --- | --- |

33.

Calls for concerted action vis-à-vis China with regard, in particular, to the urgency of finding ways to promote democracy in that country, defuse tension in cross-straits relations and facilitate the dialogue between the Beijing authorities and the Dalai Lama in order to make concrete progress on the question of Tibet;

| 34. | Calls on the Council to raise once again with the United States the question of the ICC as a fundamental pillar of international law; expects from the future US Government a more constructive attitude to ratifying the Statutes of the ICC and to engaging actively in the achievement of an agreement on the still outstanding definition of the crime of aggression, as provided for in Article 5.2 of the Rome Statute, in preparation for the ICC review conference in 2009; |
| --- | --- |

34.

Calls on the Council to raise once again with the United States the question of the ICC as a fundamental pillar of international law; expects from the future US Government a more constructive attitude to ratifying the Statutes of the ICC and to engaging actively in the achievement of an agreement on the still outstanding definition of the crime of aggression, as provided for in Article 5.2 of the Rome Statute, in preparation for the ICC review conference in 2009;

| 35. | Renews its condemnation of the death penalty; calls on the US Government and all US states to abolish it; regrets the recent ruling by the US Supreme Court to uphold lethal injection, opening the way to resumed executions; |
| --- | --- |

35.

Renews its condemnation of the death penalty; calls on the US Government and all US states to abolish it; regrets the recent ruling by the US Supreme Court to uphold lethal injection, opening the way to resumed executions;

| 36. | Recommends that steps be taken to strengthen transatlantic relations with the United States through a new Transatlantic Partnership Agreement replacing the currently existing NTA; suggests in this regard the establishment of a regular review mechanism for such a Transatlantic Partnership Agreement, whereby experts from the EU and the United States strive constantly to improve the Transatlantic Partnership so as to exploit its full potential; underlines that only the wider involvement at all levels of the US Congress, the Parliament and national parliaments will make it possible truly to enhance the whole process and that the existing interparliamentary exchange should be gradually transformed into a de facto Transatlantic Assembly; |
| --- | --- |

36.

Recommends that steps be taken to strengthen transatlantic relations with the United States through a new Transatlantic Partnership Agreement replacing the currently existing NTA; suggests in this regard the establishment of a regular review mechanism for such a Transatlantic Partnership Agreement, whereby experts from the EU and the United States strive constantly to improve the Transatlantic Partnership so as to exploit its full potential; underlines that only the wider involvement at all levels of the US Congress, the Parliament and national parliaments will make it possible truly to enhance the whole process and that the existing interparliamentary exchange should be gradually transformed into a de facto Transatlantic Assembly;

*

* *

| 37. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the President and Congress of the United States of America. |
| --- | --- |

37.

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

---

(1)  OJ C 298 E, 8.12.2006, p. 226.

(2)  OJ C 298 E, 8.12.2006, p. 235.

(3)  OJ C 74 E, 20.3.2008, p. 670.

(4)  Texts Adopted, P6_TA(2008)0192.

(5)  OJ C 280 E, 18.11.2006, p. 120.

(6)  OJ C 313 E, 20.12.2006, p. 439.

(7)  OJ C 287 E, 29.11.2007, p. 344.

---

| 26.11.2009 | EN | Official Journal of the European Union | CE 285/39 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/39

---

Thursday 5 June 2008The Barcelona Process: Union for the Mediterranean

P6_TA(2008)0257

European Parliament resolution of 5 June 2008 on the Barcelona Process: Union for the Mediterranean

2009/C 285 E/06

The European Parliament,

having regard to the Barcelona Declaration adopted at the Euro-Mediterranean Conference of Ministers of Foreign Affairs held in Barcelona on 27-28 November 1995 establishing the Euro-Mediterranean Partnership,

having regard to the Communication from the Commission to the European Parliament and the Council entitled the Barcelona Process: Union for the Mediterranean (COM(2008)0319),

having regard to the endorsement by the Brussels European Council of 13-14 March 2008 of the principle of establishing the Barcelona Process: Union for the Mediterranean,

having regard to the Final Declaration of the Presidency of the Euro-Mediterranean Parliamentary Assembly (EMPA) and to the recommendations adopted by the EMPA at its fourth plenary session in Athens on 27-28 March 2008,

having regard to the conclusions of the Euro-Mediterranean Conferences of Ministers of Foreign Affairs held in Naples on 2-3 December 2003 and in Lisbon on 5-6 November 2007,

having regard to the Commission Communication to the Council and the European Parliament on strengthening the European Neighbourhood Policy (ENP) (COM(2006)0726),

having regard to the conclusions of the Euro-Mediterranean Summit held in Barcelona on 27-28 November 2005 to mark the 10th anniversary of the Euro-Mediterranean Partnership,

having regard to the Communication of from the Commission to the Council and the European Parliament entitled ‘Reinvigorating EU actions on Human Rights and democratisation with Mediterranean partners — Strategic guidelines’(COM(2003)0294),

having regard to its earlier resolutions on the Mediterranean policy of the European Union, in particular its resolution of 15 March 2007 (1),

having regard to Rule 103(2) of its Rules of Procedure,

| A. | whereas the Mediterranean region and the Middle East are of strategic importance to the EU and whereas there is a need for a Mediterranean policy based on solidarity, dialogue, cooperation and exchange, with a view to meeting common challenges and achieving the aim of creating an area of peace, stability and shared prosperity, |
| --- | --- |

A.

whereas the Mediterranean region and the Middle East are of strategic importance to the EU and whereas there is a need for a Mediterranean policy based on solidarity, dialogue, cooperation and exchange, with a view to meeting common challenges and achieving the aim of creating an area of peace, stability and shared prosperity,

| B. | whereas, at the inaugural summit of the Barcelona Process: Union for the Mediterranean to be held on 13 July 2008 in Paris, clear guidelines should be set for enhancing the multilateral relations of the EU with its Mediterranean partners, including strengthening working methods and greater sharing of responsibilities, |
| --- | --- |

B.

whereas, at the inaugural summit of the Barcelona Process: Union for the Mediterranean to be held on 13 July 2008 in Paris, clear guidelines should be set for enhancing the multilateral relations of the EU with its Mediterranean partners, including strengthening working methods and greater sharing of responsibilities,

| C. | whereas the analysis of the achievements and shortcomings of the Barcelona Process should be duly taken into consideration so that Euro-Mediterranean relations can be revisited in an efficient way and new impetus given to the Barcelona Process; whereas, in this regard, it is important to address the difficulties encountered in developing cooperation and deepening the Euro-Mediterranean Partnership, such as the persistence of conflict in the Middle East, serious political tensions in the region, for example in Western Sahara, the lack of substantial progress made in the area of democracy and human rights and the lack of public awareness of the process, |
| --- | --- |

C.

whereas the analysis of the achievements and shortcomings of the Barcelona Process should be duly taken into consideration so that Euro-Mediterranean relations can be revisited in an efficient way and new impetus given to the Barcelona Process; whereas, in this regard, it is important to address the difficulties encountered in developing cooperation and deepening the Euro-Mediterranean Partnership, such as the persistence of conflict in the Middle East, serious political tensions in the region, for example in Western Sahara, the lack of substantial progress made in the area of democracy and human rights and the lack of public awareness of the process,

| D. | whereas the overall assessment of the Barcelona Process is that despite its insufficient achievements, compared to the initial objectives, it has potential which should be optimised, |
| --- | --- |

D.

whereas the overall assessment of the Barcelona Process is that despite its insufficient achievements, compared to the initial objectives, it has potential which should be optimised,

| 1. | Welcomes the abovementioned Communication from the Commission entitled ‘the Barcelona Process: Union for the Mediterranean’, and shares the aim of this new initiative to give fresh political and practical impetus to the multilateral relations of the EU with its Mediterranean partners by upgrading the political level of relations, through greater co-ownership and enhanced sharing of responsibilities, as well as by developing regional projects responding to the needs of citizens in the region; |
| --- | --- |

1.

Welcomes the abovementioned Communication from the Commission entitled ‘the Barcelona Process: Union for the Mediterranean’, and shares the aim of this new initiative to give fresh political and practical impetus to the multilateral relations of the EU with its Mediterranean partners by upgrading the political level of relations, through greater co-ownership and enhanced sharing of responsibilities, as well as by developing regional projects responding to the needs of citizens in the region;

| 2. | Considers that fresh impetus should be given to the Barcelona Process in order to raise its profile and highlight its tangible benefits for citizens and, in particular, for citizens on the southern shores of the Mediterranean; |
| --- | --- |

2.

Considers that fresh impetus should be given to the Barcelona Process in order to raise its profile and highlight its tangible benefits for citizens and, in particular, for citizens on the southern shores of the Mediterranean;

| 3. | Shares the view that there is a need for a reinvigorated Barcelona Process, which should remain the central element of EU cooperation with the Mediterranean region as the only forum where all its Mediterranean partners exchange views and engage in constructive dialogue; regards the Barcelona Declaration, its objectives and areas of cooperation as a milestone in those relations; hopes that the new initiative builds on the achievements of the Euro-Mediterranean Partnership, bringing added value to the process; |
| --- | --- |

3.

Shares the view that there is a need for a reinvigorated Barcelona Process, which should remain the central element of EU cooperation with the Mediterranean region as the only forum where all its Mediterranean partners exchange views and engage in constructive dialogue; regards the Barcelona Declaration, its objectives and areas of cooperation as a milestone in those relations; hopes that the new initiative builds on the achievements of the Euro-Mediterranean Partnership, bringing added value to the process;

| 4. | Calls therefore on those countries which are not part of the Barcelona Process to share the Barcelona acquis so as to move forward towards the same goals; |
| --- | --- |

4.

Calls therefore on those countries which are not part of the Barcelona Process to share the Barcelona acquis so as to move forward towards the same goals;

| 5. | Firmly supports the proposed development of the Barcelona Process: Union for the Mediterranean as a consolidation of the Euro-Mediterranean area based on democratic principles and respect for the rule of law and human rights, which should lead to a strong partnership in foreign and security policy; |
| --- | --- |

5.

Firmly supports the proposed development of the Barcelona Process: Union for the Mediterranean as a consolidation of the Euro-Mediterranean area based on democratic principles and respect for the rule of law and human rights, which should lead to a strong partnership in foreign and security policy;

| 6. | Calls on the Council and the Commission to make an assessment of the new institution and of the legal implications of this important new initiative, notably in relation to the provisions of the Treaty of Lisbon; |
| --- | --- |

6.

Calls on the Council and the Commission to make an assessment of the new institution and of the legal implications of this important new initiative, notably in relation to the provisions of the Treaty of Lisbon;

| 7. | Gives an assurance as to its readiness to cooperate on setting up an institutional framework for the Barcelona Process: Union for the Mediterranean; points out that as one arm of the budgetary authority of the EU, it will be involved in order to ensure that the new framework and its projects are a success; |
| --- | --- |

7.

Gives an assurance as to its readiness to cooperate on setting up an institutional framework for the Barcelona Process: Union for the Mediterranean; points out that as one arm of the budgetary authority of the EU, it will be involved in order to ensure that the new framework and its projects are a success;

| 8. | Welcomes the Commission's proposal to establish a co-presidency of the Barcelona Process: Union for the Mediterranean at head of State and Government and at foreign minister level, appreciating that it will enhance joint ownership of Euro-Mediterranean cooperation; welcomes the Commission's proposal that the EU Co-presidency should be held by the competent EU institutions, stresses that the Mediterranean arm of the presidency should be appointed by consensus among the Mediterranean partners and that the country holding the presidency should invite all the States participating in the Barcelona Process: Union for the Mediterranean to summits and ministerial meetings; |
| --- | --- |

8.

Welcomes the Commission's proposal to establish a co-presidency of the Barcelona Process: Union for the Mediterranean at head of State and Government and at foreign minister level, appreciating that it will enhance joint ownership of Euro-Mediterranean cooperation; welcomes the Commission's proposal that the EU Co-presidency should be held by the competent EU institutions, stresses that the Mediterranean arm of the presidency should be appointed by consensus among the Mediterranean partners and that the country holding the presidency should invite all the States participating in the Barcelona Process: Union for the Mediterranean to summits and ministerial meetings;

| 9. | Endorses the Commission's proposal to establish a Joint Permanent Committee, based in Brussels, of appointed representatives from all the participants in the Barcelona Process: Union for the Mediterranean, which might play an important role in improving institutional governance; |
| --- | --- |

9.

Endorses the Commission's proposal to establish a Joint Permanent Committee, based in Brussels, of appointed representatives from all the participants in the Barcelona Process: Union for the Mediterranean, which might play an important role in improving institutional governance;

| 10. | Considers that the proposed new secretariat should be integrated in the Commission services, could comprise officials seconded from all participants in the process and should bring added value to existing structures so as to strengthen the administrative capacity to support the overall process; |
| --- | --- |

10.

Considers that the proposed new secretariat should be integrated in the Commission services, could comprise officials seconded from all participants in the process and should bring added value to existing structures so as to strengthen the administrative capacity to support the overall process;

| 11. | Considers that the proposed new secretariat should make the new Barcelona Process: Union for the Mediterranean more visible on the ground and that it should resolutely concentrate on regional projects and should also be able to take responsibility for whole series of tasks, with a view to good governance of the projects; |
| --- | --- |

11.

Considers that the proposed new secretariat should make the new Barcelona Process: Union for the Mediterranean more visible on the ground and that it should resolutely concentrate on regional projects and should also be able to take responsibility for whole series of tasks, with a view to good governance of the projects;

| 12. | Calls, however, on the Council and the Commission to require the host country of the secretariat to be committed to the democratic and human rights values of the Barcelona Process; |
| --- | --- |

12.

Calls, however, on the Council and the Commission to require the host country of the secretariat to be committed to the democratic and human rights values of the Barcelona Process;

| 13. | Welcomes the Commission's proposal to strengthen relations with the EU's Mediterranean partners at political level by organising summit meetings every two years in the context of the Barcelona Process: Union for the Mediterranean, with a view to adopting political declarations and decisions on the main programmes and projects to be developed at regional level; |
| --- | --- |

13.

Welcomes the Commission's proposal to strengthen relations with the EU's Mediterranean partners at political level by organising summit meetings every two years in the context of the Barcelona Process: Union for the Mediterranean, with a view to adopting political declarations and decisions on the main programmes and projects to be developed at regional level;

| 14. | Is of the opinion that the EMPA should be fully involved in the preparation and proceedings of these summits; |
| --- | --- |

14.

Is of the opinion that the EMPA should be fully involved in the preparation and proceedings of these summits;

| 15. | Welcomes the Commission's proposal regarding the role of the EMPA, which should become an integral part of the institutional framework of the Barcelona Process: Union for the Mediterranean as its parliamentary dimension; underlines the fact that enhancement of democratic legitimacy is necessary, as is strengthening of the role of the EMPA, the only parliamentary assembly uniting the 27 EU Member States and all the parties involved in the Middle East peace process; considers that the EMPA, as a consultative body, should have the right to make proposals and assessments; supports participation in the EMPA by the parliamentary representatives of countries which are not part of the Barcelona Process; |
| --- | --- |

15.

Welcomes the Commission's proposal regarding the role of the EMPA, which should become an integral part of the institutional framework of the Barcelona Process: Union for the Mediterranean as its parliamentary dimension; underlines the fact that enhancement of democratic legitimacy is necessary, as is strengthening of the role of the EMPA, the only parliamentary assembly uniting the 27 EU Member States and all the parties involved in the Middle East peace process; considers that the EMPA, as a consultative body, should have the right to make proposals and assessments; supports participation in the EMPA by the parliamentary representatives of countries which are not part of the Barcelona Process;

| 16. | Reiterates that the development of democracy must be achieved by supporting political reforms and stresses that the credibility of the European policy of democratisation and promotion of human rights depends on strong and visible support for civil society and democratic political organisations on the southern shores of the Mediterranean; calls for a strong involvement of civil society and social partners' representatives in the institutional framework of the Barcelona Process: Union for the Mediterranean; |
| --- | --- |

16.

Reiterates that the development of democracy must be achieved by supporting political reforms and stresses that the credibility of the European policy of democratisation and promotion of human rights depends on strong and visible support for civil society and democratic political organisations on the southern shores of the Mediterranean; calls for a strong involvement of civil society and social partners' representatives in the institutional framework of the Barcelona Process: Union for the Mediterranean;

| 17. | Points out that one of the main goals of Euro-Mediterranean policy is to promote the rule of law, democracy, respect for human rights and political pluralism and considers, in this regard, that the Euro-Mediterranean Partnership has not yet produced the expected results in the area of human rights; calls therefore on the Council and the Commission to clearly enshrine the promotion of human rights and democracy in the objectives of this new initiative and to further strengthen the implementation of existing mechanisms, such as the human rights clause included in the association agreements and the creation of a mechanism implementing this clause in the new generation of agreements, the ENP bilateral action plans and the setting up of sub-committees on human rights; |
| --- | --- |

17.

Points out that one of the main goals of Euro-Mediterranean policy is to promote the rule of law, democracy, respect for human rights and political pluralism and considers, in this regard, that the Euro-Mediterranean Partnership has not yet produced the expected results in the area of human rights; calls therefore on the Council and the Commission to clearly enshrine the promotion of human rights and democracy in the objectives of this new initiative and to further strengthen the implementation of existing mechanisms, such as the human rights clause included in the association agreements and the creation of a mechanism implementing this clause in the new generation of agreements, the ENP bilateral action plans and the setting up of sub-committees on human rights;

| 18. | Points out that the scope of EU-Mediterranean cooperation must also extend to the other Mediterranean coastal states and stresses that the entire Mediterranean identity of other countries needs to be fully recognised; |
| --- | --- |

18.

Points out that the scope of EU-Mediterranean cooperation must also extend to the other Mediterranean coastal states and stresses that the entire Mediterranean identity of other countries needs to be fully recognised;

| 19. | Recalls the examples of initiatives proposed by the Commission, such as sea motorways, the linking up of the Arab Maghreb motorway (AMA), the de-pollution of the Mediterranean, civil protection and the Mediterranean Solar Plan; expresses its interest in the opportunities for high-power solar thermal electricity generation in the North African desert and recommends that priority be given to discussion of this at the initial meetings of the Union for the Mediterranean; also supports other projects such as water desalination in order to facilitate access to drinking water, which is a major concern in many Mediterranean countries; |
| --- | --- |

19.

Recalls the examples of initiatives proposed by the Commission, such as sea motorways, the linking up of the Arab Maghreb motorway (AMA), the de-pollution of the Mediterranean, civil protection and the Mediterranean Solar Plan; expresses its interest in the opportunities for high-power solar thermal electricity generation in the North African desert and recommends that priority be given to discussion of this at the initial meetings of the Union for the Mediterranean; also supports other projects such as water desalination in order to facilitate access to drinking water, which is a major concern in many Mediterranean countries;

| 20. | Stresses the need for projects under the Barcelona Process: Union for the Mediterranean to be open to all EU Member States and Mediterranean partners interested in taking part, especially if they are stakeholders in specific projects or fields; |
| --- | --- |

20.

Stresses the need for projects under the Barcelona Process: Union for the Mediterranean to be open to all EU Member States and Mediterranean partners interested in taking part, especially if they are stakeholders in specific projects or fields;

| 21. | Calls on the Commission to inform Parliament and the EMPA on a regular basis about how these regional projects are developing and to consider the proposals and evaluations submitted at parliamentary level with a view to raising the profile of the process and increasing take-up capacity and added value for citizens in the region; |
| --- | --- |

21.

Calls on the Commission to inform Parliament and the EMPA on a regular basis about how these regional projects are developing and to consider the proposals and evaluations submitted at parliamentary level with a view to raising the profile of the process and increasing take-up capacity and added value for citizens in the region;

| 22. | Underlines the fact that the EU-Mediterranean partnership cannot focus solely on economic and trade issues; points out that the three Barcelona pillars are closely linked; points out that the first pillar intended to contribute to ‘peace, stability and prosperity’, and the projected Charter for Peace and Stability have not made significant progress; stresses that the objective of creating a free-trade area and the liberalisation of trade are not goals in themselves, but have to be accompanied by a strengthening of regional cooperation as well as of social and environmental integration; |
| --- | --- |

22.

Underlines the fact that the EU-Mediterranean partnership cannot focus solely on economic and trade issues; points out that the three Barcelona pillars are closely linked; points out that the first pillar intended to contribute to ‘peace, stability and prosperity’, and the projected Charter for Peace and Stability have not made significant progress; stresses that the objective of creating a free-trade area and the liberalisation of trade are not goals in themselves, but have to be accompanied by a strengthening of regional cooperation as well as of social and environmental integration;

| 23. | Points out that economic policies must be assessed not only in terms of their contribution to growth, but also in terms of the number of jobs they are creating and their contribution to poverty reduction; in this context, underlines the need for increased EU support for Mediterranean partner State programmes with the aim of facilitating the establishment of a favourable climate for increased investment and for encouraging young people to set up small businesses, including facilitating access to microcredit; considers, in this respect, that the support of the Facility for Euro-Mediterranean Investment and Partnership (FEMIP) should be enhanced, including information campaigns; |
| --- | --- |

23.

Points out that economic policies must be assessed not only in terms of their contribution to growth, but also in terms of the number of jobs they are creating and their contribution to poverty reduction; in this context, underlines the need for increased EU support for Mediterranean partner State programmes with the aim of facilitating the establishment of a favourable climate for increased investment and for encouraging young people to set up small businesses, including facilitating access to microcredit; considers, in this respect, that the support of the Facility for Euro-Mediterranean Investment and Partnership (FEMIP) should be enhanced, including information campaigns;

| 24. | Points to its proposal for the creation of a Euro-Mediterranean Investment and Development Bank capable of attracting direct foreign investment, which the EU-Mediterranean region is lacking, and points out that participation by the Gulf States, as the first investors in the region, could contribute to realising this objective; |
| --- | --- |

24.

Points to its proposal for the creation of a Euro-Mediterranean Investment and Development Bank capable of attracting direct foreign investment, which the EU-Mediterranean region is lacking, and points out that participation by the Gulf States, as the first investors in the region, could contribute to realising this objective;

| 25. | Reaffirms the need to boost the status of women in the Mediterranean region through policies which give them a major role in their societies and by promoting gender equality; stresses that respect for traditions and customs does not need to detract from their fundamental rights; |
| --- | --- |

25.

Reaffirms the need to boost the status of women in the Mediterranean region through policies which give them a major role in their societies and by promoting gender equality; stresses that respect for traditions and customs does not need to detract from their fundamental rights;

| 26. | Underlines the need to propose an interesting range of cultural cooperation programmes to the EU's Mediterranean partners through increased use of ERASMUS MUNDUS and Euromed Audiovisual II (2006-2008), which should be stepped up and extended, and, in general, of the European Neighbourhood Policy Instrument (2); |
| --- | --- |

26.

Underlines the need to propose an interesting range of cultural cooperation programmes to the EU's Mediterranean partners through increased use of ERASMUS MUNDUS and Euromed Audiovisual II (2006-2008), which should be stepped up and extended, and, in general, of the European Neighbourhood Policy Instrument (2);

| 27. | 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, and the governments and parliaments of the Barcelona Process States. |
| --- | --- |

27.

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, and the governments and parliaments of the Barcelona Process States.

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(1)  OJ C 301 E, 13.12.2007, p. 206.

(2)  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 (OJ L 310, 9.11.2006, p. 1).

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| 26.11.2009 | EN | Official Journal of the European Union | CE 285/43 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/43

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Thursday 5 June 2008The future for young farmers under the ongoing reform of the CAP

P6_TA(2008)0258

European Parliament resolution of 5 June 2008 on the future for young farmers under the ongoing reform of the CAP (2007/2194(INI))

2009/C 285 E/07

The European Parliament,

having regard to its resolution of 17 January 2001 on the situation and perspectives of young farmers in the European Union (1),

having regard to Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (2),

having regard to the Lisbon Strategy, which is intended to make the EU the most competitive and the most dynamic knowledge-based economy in the world by 2010,

having regard to the outcome of the public hearing it held on 26 February 2008,

having regard to Rule 45 of its Rules of Procedure,

having regard to the report of the Committee on Agriculture and Rural Development (A6-0182/2008),

| A. | whereas the Gothenburg Strategy establishes priorities regarding the competitiveness and sustainability of the EU economy, and young farmers can play an essential role in achieving those objectives, |
| --- | --- |

A.

whereas the Gothenburg Strategy establishes priorities regarding the competitiveness and sustainability of the EU economy, and young farmers can play an essential role in achieving those objectives,

| B. | whereas the multifunctional model of EU agriculture can be a vector for sustainable development in rural areas, thanks to the widespread presence of farm holdings, |
| --- | --- |

B.

whereas the multifunctional model of EU agriculture can be a vector for sustainable development in rural areas, thanks to the widespread presence of farm holdings,

| C. | whereas progress with the Common Agricultural Policy (CAP) reform has opened up new opportunities for young people with regard to many aspects of the process of setting up in farming and developing holdings, but those opportunities are not spread evenly across the EU, making a Community strategic approach difficult, |
| --- | --- |

C.

whereas progress with the Common Agricultural Policy (CAP) reform has opened up new opportunities for young people with regard to many aspects of the process of setting up in farming and developing holdings, but those opportunities are not spread evenly across the EU, making a Community strategic approach difficult,

| D. | whereas, while the lack of complete and recent statistics on the number of young farmers and their position in EU agriculture is lamentable, Eurostat data from 2003 indicates that the percentage of farmers in the EU aged under 35 was then only 7 % and falling, although in future food production will have to continue to increase, |
| --- | --- |

D.

whereas, while the lack of complete and recent statistics on the number of young farmers and their position in EU agriculture is lamentable, Eurostat data from 2003 indicates that the percentage of farmers in the EU aged under 35 was then only 7 % and falling, although in future food production will have to continue to increase,

| E. | whereas the forthcoming review of the CAP (CAP health check) is an opportunity which should not be missed to improve the channelling of support for young farmers, |
| --- | --- |

E.

whereas the forthcoming review of the CAP (CAP health check) is an opportunity which should not be missed to improve the channelling of support for young farmers,

| F. | whereas, with a view to meeting the challenges of energy security and security of food supply within the EU, growth and employment in all rural areas in the EU and sustainable long-term management of rural areas, young farmers need to be set up on viable holdings in a liveable environment, |
| --- | --- |

F.

whereas, with a view to meeting the challenges of energy security and security of food supply within the EU, growth and employment in all rural areas in the EU and sustainable long-term management of rural areas, young farmers need to be set up on viable holdings in a liveable environment,

| G. | whereas a multifunctional approach is required and there should, in particular, be a firm policy of support for young farmers, |
| --- | --- |

G.

whereas a multifunctional approach is required and there should, in particular, be a firm policy of support for young farmers,

| H. | whereas including young people in the ownership of farms is of vital importance for rural areas, since in most rural areas economic activity and the social fabric are still underpinned by agriculture, |
| --- | --- |

H.

whereas including young people in the ownership of farms is of vital importance for rural areas, since in most rural areas economic activity and the social fabric are still underpinned by agriculture,

| I. | whereas a European strategy to promote business training for young farmers appears imperative, |
| --- | --- |

I.

whereas a European strategy to promote business training for young farmers appears imperative,

| J. | whereas young farmers have a highly dynamic approach to decision-making, are willing to take risks, to look for synergies and complementarities and to implement highly innovative planning options over and above normal agricultural practice, |
| --- | --- |

J.

whereas young farmers have a highly dynamic approach to decision-making, are willing to take risks, to look for synergies and complementarities and to implement highly innovative planning options over and above normal agricultural practice,

| K. | whereas, even though the various policies in support of young farmers are helping to breathe new life into the EU's farming sector, generational change among farm owners remains a challenge in the EU, |
| --- | --- |

K.

whereas, even though the various policies in support of young farmers are helping to breathe new life into the EU's farming sector, generational change among farm owners remains a challenge in the EU,

| L. | whereas young farmers face additional problems in the agricultural sector, such as high installation costs, a heavy burden of debt, too few available holdings and too little specific training; whereas, in addition, agricultural policy is creating more and more responsibilities for entrepreneurs with regard to cross-compliance requirements relating to such matters as the environment, animal health, animal welfare, food safety and landscape management, |
| --- | --- |

L.

whereas young farmers face additional problems in the agricultural sector, such as high installation costs, a heavy burden of debt, too few available holdings and too little specific training; whereas, in addition, agricultural policy is creating more and more responsibilities for entrepreneurs with regard to cross-compliance requirements relating to such matters as the environment, animal health, animal welfare, food safety and landscape management,

| M. | whereas a young and dynamic farming industry is necessary as an essential element for achieving the objectives laid down by the Lisbon Strategy, |
| --- | --- |

M.

whereas a young and dynamic farming industry is necessary as an essential element for achieving the objectives laid down by the Lisbon Strategy,

| N. | whereas under the new regulation on support for rural development, programming will be possible over the period up to 31 December 2013, |
| --- | --- |

N.

whereas under the new regulation on support for rural development, programming will be possible over the period up to 31 December 2013,

| O. | whereas rural areas make up 92 % of the territory of the EU, while 50 % of the population now live in urban areas and 50 % in rural areas, |
| --- | --- |

O.

whereas rural areas make up 92 % of the territory of the EU, while 50 % of the population now live in urban areas and 50 % in rural areas,

| P. | whereas generational change is necessary to preserve a high level of food quality and food safety within the EU as well as the EU's self-sufficiency in the future, |
| --- | --- |

P.

whereas generational change is necessary to preserve a high level of food quality and food safety within the EU as well as the EU's self-sufficiency in the future,

| 1. | Considers that one of the objectives of the reformed CAP should be to ensure better generational change in farming and that, with a view to its achievement, the first and second pillar instruments in support of sustainable farming and developed rural communities respectively are particularly complementary; |
| --- | --- |

1.

Considers that one of the objectives of the reformed CAP should be to ensure better generational change in farming and that, with a view to its achievement, the first and second pillar instruments in support of sustainable farming and developed rural communities respectively are particularly complementary;

| 2. | Maintains that action to foster generational change in farming is essential in order to address the food, energy and territorial challenges facing EU farming today and in the future; considers that all such challenges cannot, if society's expectations are to be met, be addressed without a strong farming sector and a large number of farmers in the EU; |
| --- | --- |

2.

Maintains that action to foster generational change in farming is essential in order to address the food, energy and territorial challenges facing EU farming today and in the future; considers that all such challenges cannot, if society's expectations are to be met, be addressed without a strong farming sector and a large number of farmers in the EU;

| 3. | Points out that the enlargement of the EU to take in new Member States has enhanced cultural diversity and made for greater product diversity, and that it provides an ideal opportunity to make EU agriculture more competitive by focusing on continuous innovation and the quality of Community products and by pointing to producers' achievements in the important area of food safety; |
| --- | --- |

3.

Points out that the enlargement of the EU to take in new Member States has enhanced cultural diversity and made for greater product diversity, and that it provides an ideal opportunity to make EU agriculture more competitive by focusing on continuous innovation and the quality of Community products and by pointing to producers' achievements in the important area of food safety;

| 4. | Considers that, in planning and implementing support measures for young farmers, specific account should be taken of the situation of young farmers in the new Member States; |
| --- | --- |

4.

Considers that, in planning and implementing support measures for young farmers, specific account should be taken of the situation of young farmers in the new Member States;

| 5. | Calls, therefore, on the Commission to come forward with proposals for the introduction of an EU quality label, which will allow consumers to easily identify products that were produced in accordance with the EU's strict environmental, animal welfare and food safety standards; |
| --- | --- |

5.

Calls, therefore, on the Commission to come forward with proposals for the introduction of an EU quality label, which will allow consumers to easily identify products that were produced in accordance with the EU's strict environmental, animal welfare and food safety standards;

| 6. | Notes that, in the context of quality, diversity in production and products should be an objective; |
| --- | --- |

6.

Notes that, in the context of quality, diversity in production and products should be an objective;

| 7. | Notes that the main factor in renewing the farming industry's age profile is access to land, given its high cost; |
| --- | --- |

7.

Notes that the main factor in renewing the farming industry's age profile is access to land, given its high cost;

| 8. | Takes the view that, in future, the CAP must seek to remove the barriers currently facing young people wishing to set up in farming, by making generational change one of its priorities; |
| --- | --- |

8.

Takes the view that, in future, the CAP must seek to remove the barriers currently facing young people wishing to set up in farming, by making generational change one of its priorities;

| 9. | Calls, furthermore, for increased efforts to be made in explaining the European agricultural model, with its high standards in the field of the environment, animal welfare and food safety, to the public; |
| --- | --- |

9.

Calls, furthermore, for increased efforts to be made in explaining the European agricultural model, with its high standards in the field of the environment, animal welfare and food safety, to the public;

| 10. | Considers the setting up or taking over of farm holdings by young people to be a major asset to the enlarged EU; |
| --- | --- |

10.

Considers the setting up or taking over of farm holdings by young people to be a major asset to the enlarged EU;

| 11. | Draws attention to the continuing difficulties stemming from high setting-up costs, including agricultural property sale and rental prices and the need to invest continuously in tangible capital and human potential in order to make technological and logistical improvements, and to the fact that making technological and logistical improvements involves more than purchasing equipment and machines and that, for improvements to be made, research and access to research findings are essential; |
| --- | --- |

11.

Draws attention to the continuing difficulties stemming from high setting-up costs, including agricultural property sale and rental prices and the need to invest continuously in tangible capital and human potential in order to make technological and logistical improvements, and to the fact that making technological and logistical improvements involves more than purchasing equipment and machines and that, for improvements to be made, research and access to research findings are essential;

| 12. | Calls on the Commission to support the Member States in creating a land bank on the basis of land freed up as a result of early retirement; takes the view that support should be provided for the joint acquisition of expensive machinery and equipment which is used infrequently by each individual farmer; |
| --- | --- |

12.

Calls on the Commission to support the Member States in creating a land bank on the basis of land freed up as a result of early retirement; takes the view that support should be provided for the joint acquisition of expensive machinery and equipment which is used infrequently by each individual farmer;

| 13. | Calls for a review of setting-up support, which has remained at the same level since its introduction and which no longer appears to meet farmers' needs; |
| --- | --- |

13.

Calls for a review of setting-up support, which has remained at the same level since its introduction and which no longer appears to meet farmers' needs;

| 14. | Emphasises the contribution made by land prices to the problems experienced by young people setting up in farming and calls on the Commission to look into the considerable increase in land prices brought about by, among other things, urban pressures and speculation; |
| --- | --- |

14.

Emphasises the contribution made by land prices to the problems experienced by young people setting up in farming and calls on the Commission to look into the considerable increase in land prices brought about by, among other things, urban pressures and speculation;

| 15. | Recommends the introduction of instruments enabling priority in respect of agricultural land transfers to be given to young farmers setting up in business rather than to existing farmers wishing to increase the size of their holdings, including an early-retirement mechanism, deferred-purchase aid, phased setting-up arrangements and rental of part of the land; |
| --- | --- |

15.

Recommends the introduction of instruments enabling priority in respect of agricultural land transfers to be given to young farmers setting up in business rather than to existing farmers wishing to increase the size of their holdings, including an early-retirement mechanism, deferred-purchase aid, phased setting-up arrangements and rental of part of the land;

| 16. | Notes the need to make young farmer setting-up support policies more effective as well as the importance of laying down further criteria for the ranking of beneficiaries by order of priority, taking account of objective factors; |
| --- | --- |

16.

Notes the need to make young farmer setting-up support policies more effective as well as the importance of laying down further criteria for the ranking of beneficiaries by order of priority, taking account of objective factors;

| 17. | Urges the Commission, in its legislative proposal on the CAP health check, to propose that the aid for young farmers provided for in the legislation on rural development should figure among the compulsory measures included in the plans drawn up by the Member States, which should also be accompanied by an increase in the amount of setting-up support; |
| --- | --- |

17.

Urges the Commission, in its legislative proposal on the CAP health check, to propose that the aid for young farmers provided for in the legislation on rural development should figure among the compulsory measures included in the plans drawn up by the Member States, which should also be accompanied by an increase in the amount of setting-up support;

| 18. | Considers that support measures for young farmers should also support newcomers, as they can be a renewing and valuable addition to EU farming; notes, therefore, that support should primarily be channelled towards new entrepreneurs rather than to those leaving farming; stresses that support measures for the taking-over of farms must not distort competition between newcomers on the one hand and farmers' sons and daughters on the other hand; |
| --- | --- |

18.

Considers that support measures for young farmers should also support newcomers, as they can be a renewing and valuable addition to EU farming; notes, therefore, that support should primarily be channelled towards new entrepreneurs rather than to those leaving farming; stresses that support measures for the taking-over of farms must not distort competition between newcomers on the one hand and farmers' sons and daughters on the other hand;

| 19. | Notes that it is particularly important to prevent the desertification of disadvantaged farming areas in keeping with the EU's territorial cohesion objective, to make it easier for young farmers to set up in business in areas with a permanent natural disadvantage, such as islands and mountain areas, where development, construction and access costs are higher and where it is often necessary to diversify in order to achieve a sufficient degree of viability; |
| --- | --- |

19.

Notes that it is particularly important to prevent the desertification of disadvantaged farming areas in keeping with the EU's territorial cohesion objective, to make it easier for young farmers to set up in business in areas with a permanent natural disadvantage, such as islands and mountain areas, where development, construction and access costs are higher and where it is often necessary to diversify in order to achieve a sufficient degree of viability;

| 20. | Calls on the Commission to investigate the effectiveness and added value of the various national and EU measures to assist young farmers and report on the subject by 1 July 2009; |
| --- | --- |

20.

Calls on the Commission to investigate the effectiveness and added value of the various national and EU measures to assist young farmers and report on the subject by 1 July 2009;

| 21. | Observes that many young farmers regard investment support and interest subsidies as the most effective means of encouraging their entrepreneurship and improving their competitive position; calls on the Commission and the Member States to devote appropriate attention to support and subsidies; |
| --- | --- |

21.

Observes that many young farmers regard investment support and interest subsidies as the most effective means of encouraging their entrepreneurship and improving their competitive position; calls on the Commission and the Member States to devote appropriate attention to support and subsidies;

| 22. | Calls on the Commission to conduct a study into the effect that production rights, single-payment rights and premium rights have on young farmers setting up, because all such instruments are a frequent cause of conflict between generations, making it more difficult for young people wishing to set up in farming to gain access to those rights themselves; takes the view that the Commission should draw the necessary conclusions as regards management of the CAP, with a view to putting young people in a better position to set up in farming; |
| --- | --- |

22.

Calls on the Commission to conduct a study into the effect that production rights, single-payment rights and premium rights have on young farmers setting up, because all such instruments are a frequent cause of conflict between generations, making it more difficult for young people wishing to set up in farming to gain access to those rights themselves; takes the view that the Commission should draw the necessary conclusions as regards management of the CAP, with a view to putting young people in a better position to set up in farming;

| 23. | Notes that, in order to take better account of the increased cost of taking over farms and the difficulties involved in setting up in problem farming areas, the Community aid ceiling should be raised from EUR 55 000, and the time limit for achieving compliance with the rules should be increased from three years to five years after set-up; |
| --- | --- |

23.

Notes that, in order to take better account of the increased cost of taking over farms and the difficulties involved in setting up in problem farming areas, the Community aid ceiling should be raised from EUR 55 000, and the time limit for achieving compliance with the rules should be increased from three years to five years after set-up;

| 24. | Notes that farming is very often the last activity to survive in rural areas and that incentives for young people to set up in farming should therefore be introduced; points out, however, that, over and above the need for holdings to be viable, efforts are also required to make the rural environment a place in which people wish to live, by fostering equal access to public services (post offices, schools, public transport, health services, etc.) and maintaining normal service provision (shops and trades, childcare facilities, care facilities for the elderly, social housing, rental accommodation, etc.) and social amenities to prevent people from feeling isolated (cafés, community centres, sports centres, etc.); |
| --- | --- |

24.

Notes that farming is very often the last activity to survive in rural areas and that incentives for young people to set up in farming should therefore be introduced; points out, however, that, over and above the need for holdings to be viable, efforts are also required to make the rural environment a place in which people wish to live, by fostering equal access to public services (post offices, schools, public transport, health services, etc.) and maintaining normal service provision (shops and trades, childcare facilities, care facilities for the elderly, social housing, rental accommodation, etc.) and social amenities to prevent people from feeling isolated (cafés, community centres, sports centres, etc.);

| 25. | Stresses that arrangements enabling young farmers to leave their holdings for training, holidays, births, etc. need to be put in place; |
| --- | --- |

25.

Stresses that arrangements enabling young farmers to leave their holdings for training, holidays, births, etc. need to be put in place;

| 26. | Welcomes the provision made for the granting of setting-up support to young farmers, even for partial set-ups, to be made conditional on the submission, on a voluntary basis, of a business plan, as an instrument which, over time, will enable the development of their farming and non-farming activities, linked to rural areas, on their new farms; |
| --- | --- |

26.

Welcomes the provision made for the granting of setting-up support to young farmers, even for partial set-ups, to be made conditional on the submission, on a voluntary basis, of a business plan, as an instrument which, over time, will enable the development of their farming and non-farming activities, linked to rural areas, on their new farms;

| 27. | Recommends that, as part of the incentive scheme for initial setting up, provision should be made for incentives for owners who rent farms to young farmers and/or for rent support until the tenth year after setting up; |
| --- | --- |

27.

Recommends that, as part of the incentive scheme for initial setting up, provision should be made for incentives for owners who rent farms to young farmers and/or for rent support until the tenth year after setting up;

| 28. | Draws attention to the difficulties experienced by young people wishing to set up in farming in gaining access to funding, and to the useful role played by subsidised loan arrangements in enabling young farmers to set up and continue in farming without incurring an excessive amount of debt; |
| --- | --- |

28.

Draws attention to the difficulties experienced by young people wishing to set up in farming in gaining access to funding, and to the useful role played by subsidised loan arrangements in enabling young farmers to set up and continue in farming without incurring an excessive amount of debt;

| 29. | Notes that the high level of indebtedness and high installation costs of young farmers makes it very difficult for them to establish a good competitive position; calls on the Commission and Member States therefore to devise additional solutions to these specific problems; |
| --- | --- |

29.

Notes that the high level of indebtedness and high installation costs of young farmers makes it very difficult for them to establish a good competitive position; calls on the Commission and Member States therefore to devise additional solutions to these specific problems;

| 30. | Takes the view that young farmers' entrepreneurialism should be supported through transparent, simpler and less cumbersome rules and through the lower costs that this would entail; |
| --- | --- |

30.

Takes the view that young farmers' entrepreneurialism should be supported through transparent, simpler and less cumbersome rules and through the lower costs that this would entail;

| 31. | Believes, therefore, that the Member States and regional authorities should examine the options for introducing or improving schemes to provide start-up capital to new farmers at preferential rates; |
| --- | --- |

31.

Believes, therefore, that the Member States and regional authorities should examine the options for introducing or improving schemes to provide start-up capital to new farmers at preferential rates;

| 32. | Deplores the influence, at the same time, of speculative or structural factors preventing an adequate return from being earned on land, labour and capital, such as the security required on loans, high interest rates, legal and tax barriers, social security charges and administrative charges, and considers that suitable policy measures are necessary in order to reduce excesses and distortions of competition; |
| --- | --- |

32.

Deplores the influence, at the same time, of speculative or structural factors preventing an adequate return from being earned on land, labour and capital, such as the security required on loans, high interest rates, legal and tax barriers, social security charges and administrative charges, and considers that suitable policy measures are necessary in order to reduce excesses and distortions of competition;

| 33. | Calls on the Commission and the Member States to develop new (fiscal) measures to help young farmers carry the heavy interest costs which they face following the procurement of their farms; calls on the Commission to come up with specific proposals to that end within the framework of the CAP health check; |
| --- | --- |

33.

Calls on the Commission and the Member States to develop new (fiscal) measures to help young farmers carry the heavy interest costs which they face following the procurement of their farms; calls on the Commission to come up with specific proposals to that end within the framework of the CAP health check;

| 34. | Calls for such measures in support of young farmers to be made compulsory as part of the action provided for under Axis 1 in Regulation (EC) No 1698/2005 with a view to improving the competitiveness of the farming sector; |
| --- | --- |

34.

Calls for such measures in support of young farmers to be made compulsory as part of the action provided for under Axis 1 in Regulation (EC) No 1698/2005 with a view to improving the competitiveness of the farming sector;

| 35. | Reaffirms its opinion that rural development measures should be aimed directly at farmers; |
| --- | --- |

35.

Reaffirms its opinion that rural development measures should be aimed directly at farmers;

| 36. | Considers that the Commission must examine specific financing for young farmers in Axes 2 and 3 of the rural development policy, for example with regard to social infrastructure and improving the employment rate among young people in rural areas; |
| --- | --- |

36.

Considers that the Commission must examine specific financing for young farmers in Axes 2 and 3 of the rural development policy, for example with regard to social infrastructure and improving the employment rate among young people in rural areas;

| 37. | Calls for setting-up support for farmers carrying out multifunctional activities (farming and non-farming) to be extended to allow access to initial setting-up support for young farmers who carry out farming activities only, or who complement them with other income-generating activities in rural areas; |
| --- | --- |

37.

Calls for setting-up support for farmers carrying out multifunctional activities (farming and non-farming) to be extended to allow access to initial setting-up support for young farmers who carry out farming activities only, or who complement them with other income-generating activities in rural areas;

| 38. | Calls on the Member States to allow access to initial setting-up support for young people, both men and women, who are in a precarious situation as regards ownership and require such support to adapt their farms, either by carrying out farming activities or by complementing them with other income-generating activities, so that they provide them with a livelihood measured in terms of available income and work; |
| --- | --- |

38.

Calls on the Member States to allow access to initial setting-up support for young people, both men and women, who are in a precarious situation as regards ownership and require such support to adapt their farms, either by carrying out farming activities or by complementing them with other income-generating activities, so that they provide them with a livelihood measured in terms of available income and work;

| 39. | Believes that young EU farmers should be able to compete with each other on a level playing field within the EU; calls, therefore, for cautious revision and subsequent implementation, of the current Article 69 of Council Regulation (EC) No 1782/2003 (3) so as to prevent any distortion of competition on the EU internal market; |
| --- | --- |

39.

Believes that young EU farmers should be able to compete with each other on a level playing field within the EU; calls, therefore, for cautious revision and subsequent implementation, of the current Article 69 of Council Regulation (EC) No 1782/2003 (3) so as to prevent any distortion of competition on the EU internal market;

| 40. | Calls for all agricultural and rural development policies to be made fully coherent with the objectives which the EU has set itself as part of the Lisbon Strategy, so as to enable young farmers to operate in a dynamic economic environment; |
| --- | --- |

40.

Calls for all agricultural and rural development policies to be made fully coherent with the objectives which the EU has set itself as part of the Lisbon Strategy, so as to enable young farmers to operate in a dynamic economic environment;

| 41. | Takes the view that, as part of the CAP health check, action should be taken to foster more stable and secure farm incomes — an essential pre-condition for generational change in farming — through the introduction at EU level of innovative risk and crisis-management tools to address market fluctuations and increased price volatility; |
| --- | --- |

41.

Takes the view that, as part of the CAP health check, action should be taken to foster more stable and secure farm incomes — an essential pre-condition for generational change in farming — through the introduction at EU level of innovative risk and crisis-management tools to address market fluctuations and increased price volatility;

| 42. | Believes that priority should be given to securing genuine simplification and greater transparency in the implementation of instruments and measures for young farmers carrying out farming activities, even where they are complemented by other non-farming activities linked to rural areas which are necessary for the farm's viability; |
| --- | --- |

42.

Believes that priority should be given to securing genuine simplification and greater transparency in the implementation of instruments and measures for young farmers carrying out farming activities, even where they are complemented by other non-farming activities linked to rural areas which are necessary for the farm's viability;

| 43. | Points out that farmers who are no longer classified as young farmers but will continue to farm in the medium term and who are also facing new challenges, should not be disadvantaged; |
| --- | --- |

43.

Points out that farmers who are no longer classified as young farmers but will continue to farm in the medium term and who are also facing new challenges, should not be disadvantaged;

| 44. | Points out that, because of the great demands on tomorrow's managers, curricular training must be systematically stepped up to ensure genuine knowledge transfer from agrarian research to farming; |
| --- | --- |

44.

Points out that, because of the great demands on tomorrow's managers, curricular training must be systematically stepped up to ensure genuine knowledge transfer from agrarian research to farming;

| 45. | Considers, in respect of succession arrangements, that consideration should be given to introducing legislation that focuses more closely on keeping farms together, with a view to achieving both economies of scale and economies of scope; points out that succession arrangements involving parties who are not family members should be facilitated in order to preserve farms and to enable young entrepreneurs with an education in farming to become farmers; |
| --- | --- |

45.

Considers, in respect of succession arrangements, that consideration should be given to introducing legislation that focuses more closely on keeping farms together, with a view to achieving both economies of scale and economies of scope; points out that succession arrangements involving parties who are not family members should be facilitated in order to preserve farms and to enable young entrepreneurs with an education in farming to become farmers;

| 46. | Takes the view that national early-retirement arrangements should apply only where the retiring farmer's holding is taken over by a young farmer, or, alternatively, that the retiring farmer should be entitled to an improved pension where this happens; |
| --- | --- |

46.

Takes the view that national early-retirement arrangements should apply only where the retiring farmer's holding is taken over by a young farmer, or, alternatively, that the retiring farmer should be entitled to an improved pension where this happens;

| 47. | Takes the view that overall setting-up and holding-development plans should include special measures relating to the statutory recognition of young farmers, thus ensuring equal social rights for men and women; considers it vital, in this regard, to maintain certain essential services in rural areas, such as crèches, kindergartens and help for mothers; draws particular attention, in this connection, to the importance of providing information about the status of partners assisting farmers; |
| --- | --- |

47.

Takes the view that overall setting-up and holding-development plans should include special measures relating to the statutory recognition of young farmers, thus ensuring equal social rights for men and women; considers it vital, in this regard, to maintain certain essential services in rural areas, such as crèches, kindergartens and help for mothers; draws particular attention, in this connection, to the importance of providing information about the status of partners assisting farmers;

| 48. | Points out that social and cultural specificity and diversity are key factors in product promotion policy, as are the identification of a specific geographical area and excellence in production methods, as illustrated by the reputation and success of agricultural products with protected designations of origin or that are labelled; |
| --- | --- |

48.

Points out that social and cultural specificity and diversity are key factors in product promotion policy, as are the identification of a specific geographical area and excellence in production methods, as illustrated by the reputation and success of agricultural products with protected designations of origin or that are labelled;

| 49. | Points out that food education, which young farmers can provide, fosters good eating habits for the benefit of human health and society in general, and expressly welcomes such activities as, for instance, the ‘Tellus’ programme of the European Council of Young Farmers (CEJA) and transnational model projects such as ‘Schüler auf dem Bauernhof’ (‘Pupils on farms’); |
| --- | --- |

49.

Points out that food education, which young farmers can provide, fosters good eating habits for the benefit of human health and society in general, and expressly welcomes such activities as, for instance, the ‘Tellus’ programme of the European Council of Young Farmers (CEJA) and transnational model projects such as ‘Schüler auf dem Bauernhof’ (‘Pupils on farms’);

| 50. | Highlights the need for expert information for food science studies and dietetics in all forms of education; |
| --- | --- |

50.

Highlights the need for expert information for food science studies and dietetics in all forms of education;

| 51. | Believes that measures should be taken to promote the farming profession and its services to society in addition to its production activities, with a view to attracting more young people to the profession, especially young people from non-farming backgrounds; |
| --- | --- |

51.

Believes that measures should be taken to promote the farming profession and its services to society in addition to its production activities, with a view to attracting more young people to the profession, especially young people from non-farming backgrounds;

| 52. | Believes that the promotion of the farming profession should also entail improved communication with the general public and hence consumers on the content of the CAP, as regards health, environmental and animal welfare requirements, the conditionality of aid, multifunctionality, EU product quality, the contribution to combating climate change, food self-sufficiency and the food challenges for a world population which is estimated to reach nine billion by 2050; |
| --- | --- |

52.

Believes that the promotion of the farming profession should also entail improved communication with the general public and hence consumers on the content of the CAP, as regards health, environmental and animal welfare requirements, the conditionality of aid, multifunctionality, EU product quality, the contribution to combating climate change, food self-sufficiency and the food challenges for a world population which is estimated to reach nine billion by 2050;

| 53. | Calls for Community preference to be stepped up in order to provide European consumers with guarantees in respect of the health and environmental standards of products which they buy and to provide compensation for EU farmers subject to competition from third countries that do not meet the same health, environmental and social standards; |
| --- | --- |

53.

Calls for Community preference to be stepped up in order to provide European consumers with guarantees in respect of the health and environmental standards of products which they buy and to provide compensation for EU farmers subject to competition from third countries that do not meet the same health, environmental and social standards;

| 54. | Takes the view that young farmers should be placed in the best possible position to take advantage of the opportunities provided by a greater flexibility in demand for farming-related goods and services, together with a greater opening up of emerging markets around the world with a view to the conclusion of the multilateral negotiations; considers it important, therefore, that the Commission should negotiate a WTO agreement which gives farmers enough scope to be able to continue to compete with third countries and which thus guarantees a future for young farmers; considers the inclusion of non-trade concerns to be of crucial importance in this connection; |
| --- | --- |

54.

Takes the view that young farmers should be placed in the best possible position to take advantage of the opportunities provided by a greater flexibility in demand for farming-related goods and services, together with a greater opening up of emerging markets around the world with a view to the conclusion of the multilateral negotiations; considers it important, therefore, that the Commission should negotiate a WTO agreement which gives farmers enough scope to be able to continue to compete with third countries and which thus guarantees a future for young farmers; considers the inclusion of non-trade concerns to be of crucial importance in this connection;

| 55. | Believes that young farmers should be able to compete with foreign competitors on a level playing field; calls therefore on the Commission for priority to be given to recognition of the non-trade concerns (NTC) as import criteria in multilateral, as well as bilateral, trade negotiations; |
| --- | --- |

55.

Believes that young farmers should be able to compete with foreign competitors on a level playing field; calls therefore on the Commission for priority to be given to recognition of the non-trade concerns (NTC) as import criteria in multilateral, as well as bilateral, trade negotiations;

| 56. | Notes that, as part of medium- to long-term planning arrangements, the new generation of farmers is shouldering responsibility with regard to combating climate change, is acting in partnership with the environment and, by providing environment-friendly energy sources, in particular by producing biomass and operating biogas plants, is actively contributing to protecting the environment and reducing CO2; |
| --- | --- |

56.

Notes that, as part of medium- to long-term planning arrangements, the new generation of farmers is shouldering responsibility with regard to combating climate change, is acting in partnership with the environment and, by providing environment-friendly energy sources, in particular by producing biomass and operating biogas plants, is actively contributing to protecting the environment and reducing CO2;

| 57. | Notes that young farmers face the dual challenge of implementing measures to improve farming practices and make them both more sustainable and more viable, whilst at the same time restoring agriculture's crucial role in managing environmental aspects and thereby becoming a leading player in tackling climate change; stresses that, to this end, policies and measures need to offer long-term and sustainable prospects for young farmers and financial support must be granted for their efforts to protect the environment; |
| --- | --- |

57.

Notes that young farmers face the dual challenge of implementing measures to improve farming practices and make them both more sustainable and more viable, whilst at the same time restoring agriculture's crucial role in managing environmental aspects and thereby becoming a leading player in tackling climate change; stresses that, to this end, policies and measures need to offer long-term and sustainable prospects for young farmers and financial support must be granted for their efforts to protect the environment;

| 58. | Notes that farming and forestry are the only economic activities which, through photosynthesis, capture carbon dioxide, which makes it all the more necessary to maintain farming activity; |
| --- | --- |

58.

Notes that farming and forestry are the only economic activities which, through photosynthesis, capture carbon dioxide, which makes it all the more necessary to maintain farming activity;

| 59. | Stresses the importance of shifting the focus of agricultural research in line with the CAP reform, promoting technology transfers and improving farmers' access to research findings and the latest innovations relating to production methods and tools; considers it necessary for EU farmers to have better access to the results of research through the creation of networks for exchanging data obtained from research and the coordination of research at national and EU level; |
| --- | --- |

59.

Stresses the importance of shifting the focus of agricultural research in line with the CAP reform, promoting technology transfers and improving farmers' access to research findings and the latest innovations relating to production methods and tools; considers it necessary for EU farmers to have better access to the results of research through the creation of networks for exchanging data obtained from research and the coordination of research at national and EU level;

| 60. | Notes that exchange between science and those who apply it is essential so that research findings are put into practice and research can meet the needs of the agricultural sector; |
| --- | --- |

60.

Notes that exchange between science and those who apply it is essential so that research findings are put into practice and research can meet the needs of the agricultural sector;

| 61. | Stresses that it is in the EU's interests, economically (improving productivity) and environmentally (updating knowledge of ‘green’ practices) to provide increased support for lifelong training for farmers; encourages, in particular, programmes to promote mobility among young farmers in the EU (including Leonardo); stresses, more especially, to need to set up instruments that will enable young farmers to be absent from their farms for the duration of such training; |
| --- | --- |

61.

Stresses that it is in the EU's interests, economically (improving productivity) and environmentally (updating knowledge of ‘green’ practices) to provide increased support for lifelong training for farmers; encourages, in particular, programmes to promote mobility among young farmers in the EU (including Leonardo); stresses, more especially, to need to set up instruments that will enable young farmers to be absent from their farms for the duration of such training;

| 62. | Proposes that an agricultural best-practice exchange programme be set up for young farmers; |
| --- | --- |

62.

Proposes that an agricultural best-practice exchange programme be set up for young farmers;

| 63. | Considers it necessary to establish an exchange programme for young farmers to facilitate the pooling of best practices, as well as a training network in which information on issues such as sustainability, bio-energy, climate change and competitiveness is central; considers that this should prepare young farmers for their task in facing the new challenges in the fields of agriculture and food; |
| --- | --- |

63.

Considers it necessary to establish an exchange programme for young farmers to facilitate the pooling of best practices, as well as a training network in which information on issues such as sustainability, bio-energy, climate change and competitiveness is central; considers that this should prepare young farmers for their task in facing the new challenges in the fields of agriculture and food;

| 64. | Calls for the elaboration of a pilot project to facilitate an exchange programme between young farmers in developing countries and young farmers in the EU to enable them to gain firsthand understanding of the functioning of their respective markets, of their respective use of technology and their methods of adapting to the prevailing climatic conditions; |
| --- | --- |

64.

Calls for the elaboration of a pilot project to facilitate an exchange programme between young farmers in developing countries and young farmers in the EU to enable them to gain firsthand understanding of the functioning of their respective markets, of their respective use of technology and their methods of adapting to the prevailing climatic conditions;

| 65. | Suggests that farming methods rooted in specific geographical areas and cultural traditions in the EU should be conserved, improved and promoted; |
| --- | --- |

65.

Suggests that farming methods rooted in specific geographical areas and cultural traditions in the EU should be conserved, improved and promoted;

| 66. | Believes that the subject of the maintenance of agricultural property is closely linked to that of young farmers' setting-up arrangements and that a policy should be introduced to ensure that priority in the allocation of land is given to young farmers setting up; calls on the Commission to report on the agricultural property issue in relation to young people taking over farms; |
| --- | --- |

66.

Believes that the subject of the maintenance of agricultural property is closely linked to that of young farmers' setting-up arrangements and that a policy should be introduced to ensure that priority in the allocation of land is given to young farmers setting up; calls on the Commission to report on the agricultural property issue in relation to young people taking over farms;

| 67. | Takes the view that more effective support should be provided for the setting-up of company-based structures by introducing special measures for this type of setting-up arrangement that will not only reduce setting-up costs for the young people concerned but also enable them to organise their work in such a way as to increase the viability of farms; |
| --- | --- |

67.

Takes the view that more effective support should be provided for the setting-up of company-based structures by introducing special measures for this type of setting-up arrangement that will not only reduce setting-up costs for the young people concerned but also enable them to organise their work in such a way as to increase the viability of farms;

| 68. | Recommends that more flexibility be introduced in farm setting-up and transfer procedures through the following: gradual setting-up, consideration for the validation of previous professional experience where the person wishing to set up does not have the required qualifications, waiver of the age requirement where the applicant submits a viable setting-up project, particularly in disadvantaged agricultural areas, etc.; |
| --- | --- |

68.

Recommends that more flexibility be introduced in farm setting-up and transfer procedures through the following: gradual setting-up, consideration for the validation of previous professional experience where the person wishing to set up does not have the required qualifications, waiver of the age requirement where the applicant submits a viable setting-up project, particularly in disadvantaged agricultural areas, etc.;

| 69. | Considers that the necessary measures should be adopted to support, accompany and advise young farmers under the initial setting-up scheme with the aim of increasing the success rate and at the same time minimising or putting an end to situations where farmers give up or even become bankrupt; |
| --- | --- |

69.

Considers that the necessary measures should be adopted to support, accompany and advise young farmers under the initial setting-up scheme with the aim of increasing the success rate and at the same time minimising or putting an end to situations where farmers give up or even become bankrupt;

| 70. | Proposes the designation of a European year of urban-rural dialogue; |
| --- | --- |

70.

Proposes the designation of a European year of urban-rural dialogue;

| 71. | Calls on the Commission to provide across-the-board backing for young people willing to enter farming by pursuing a reliable policy, making administrative arrangements reflect conditions on the ground, and maximising management support; |
| --- | --- |

71.

Calls on the Commission to provide across-the-board backing for young people willing to enter farming by pursuing a reliable policy, making administrative arrangements reflect conditions on the ground, and maximising management support;

| 72. | Calls on the Commission to submit an interim report on the situation of young farmers, and consult the relevant young-farmer organisations in due course; |
| --- | --- |

72.

Calls on the Commission to submit an interim report on the situation of young farmers, and consult the relevant young-farmer organisations in due course;

| 73. | Stresses that young farmers should be given support in the years following their setting-up and that a special reserve fund should be established to help them deal with unforeseeable circumstances at the time of setting up, such as damage to crops due to extreme weather or a sharp increase in costs; |
| --- | --- |

73.

Stresses that young farmers should be given support in the years following their setting-up and that a special reserve fund should be established to help them deal with unforeseeable circumstances at the time of setting up, such as damage to crops due to extreme weather or a sharp increase in costs;

| 74. | Calls on the Commission to study methods for sharing best practice in innovative farming techniques and farm management among new farmers throughout the EU; |
| --- | --- |

74.

Calls on the Commission to study methods for sharing best practice in innovative farming techniques and farm management among new farmers throughout the EU;

| 75. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

75.

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

---

(1)  OJ C 262, 18.9.2001, p. 153.

(2)  OJ L 277, 21.10.2005, p. 1.

(3)  OJ L 270, 21.10.2003, p. 1.

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| 26.11.2009 | EN | Official Journal of the European Union | CE 285/51 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/51

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Thursday 5 June 2008The work of the ACP-EU Joint Parliamentary Assembly in 2007

P6_TA(2008)0259

European Parliament resolution of 5 June 2008 on the work of the ACP-EU Joint Parliamentary Assembly in 2007 (2007/2180(INI))

2009/C 285 E/08

The European Parliament,

having regard to the partnership agreement between the members of the African, Caribbean and Pacific group of states (ACP), of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), (Cotonou Agreement)

having regard to the Rules of Procedure of the ACP-EU Joint Parliamentary Assembly (JPA), adopted on 3 April 2003 (2), as most recently amended in Wiesbaden (Germany) on 28 June 2007 (3),

having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (4),

having regard to the Kigali Declaration for development-friendly Economic Partnership Agreements (5) (EPAs), adopted by the JPA on 22 November 2007 in Kigali (Kigali Declaration),

having regard to the resolutions adopted by the JPA in 2007:

| — | on good governance, transparency and accountability in relation with the exploitation of natural resources in ACP countries (6), |
| --- | --- |

—

on good governance, transparency and accountability in relation with the exploitation of natural resources in ACP countries (6),

| — | on poverty reduction for small farmers in ACP countries ‐ in particular in the fruit, vegetable and flowers sectors (7), |
| --- | --- |

—

on poverty reduction for small farmers in ACP countries ‐ in particular in the fruit, vegetable and flowers sectors (7),

| — | on migration of skilled workers and its effect on national development (8), |
| --- | --- |

—

on migration of skilled workers and its effect on national development (8),

| — | on the situation in Darfur (9), |
| --- | --- |

—

on the situation in Darfur (9),

| — | on elections and electoral processes in ACP and EU countries (10), |
| --- | --- |

—

on elections and electoral processes in ACP and EU countries (10),

| — | on the impact of foreign direct investment (FDI) in the African, Caribbean and Pacific States (11), |
| --- | --- |

—

on the impact of foreign direct investment (FDI) in the African, Caribbean and Pacific States (11),

| — | on access to healthcare and medicines, with a particular focus on neglected diseases (12), |
| --- | --- |

—

on access to healthcare and medicines, with a particular focus on neglected diseases (12),

| — | on natural disasters in ACP States: EU funding for preparedness (EDF funds) and relief (ECHO funds) (13), |
| --- | --- |

—

on natural disasters in ACP States: EU funding for preparedness (EDF funds) and relief (ECHO funds) (13),

| — | on the situation in the Democratic Republic of Congo (DRC), particularly in the East of the country, and its impact on the region (14), |
| --- | --- |

—

on the situation in the Democratic Republic of Congo (DRC), particularly in the East of the country, and its impact on the region (14),

having regard to Rules 45 of its Rules of Procedure,

having regard to the report of the Committee on Development (A6-0175/2008),

| A. | having regard to the debates of June 2007 in Wiesbaden and November 2007 in Kigali on the latest developments in the EPA negotiations, leading to the adoption of the Kigali Declaration, |
| --- | --- |

A.

having regard to the debates of June 2007 in Wiesbaden and November 2007 in Kigali on the latest developments in the EPA negotiations, leading to the adoption of the Kigali Declaration,

| B. | whereas Parliament and the Council have adopted Regulation (EC) No 1905/2006, which provides for thematic programmes also applicable to ACP countries together with a programme of accompanying measures for ACP Sugar Protocol countries, |
| --- | --- |

B.

whereas Parliament and the Council have adopted Regulation (EC) No 1905/2006, which provides for thematic programmes also applicable to ACP countries together with a programme of accompanying measures for ACP Sugar Protocol countries,

| C. | whereas the Commissioner responsible for development and humanitarian aid made a commitment during the abovementioned JPA session in Wiesbaden to subject Country and Regional Strategy Papers for the ACP countries (relating to the period 2008-2013) to democratic scrutiny by parliaments, and this commitment is fortunately beginning to be fulfilled, |
| --- | --- |

C.

whereas the Commissioner responsible for development and humanitarian aid made a commitment during the abovementioned JPA session in Wiesbaden to subject Country and Regional Strategy Papers for the ACP countries (relating to the period 2008-2013) to democratic scrutiny by parliaments, and this commitment is fortunately beginning to be fulfilled,

| D. | whereas the revised Cotonou Agreement has just laid the foundations for enhanced, more efficient cooperation between the European Union and ACP countries, although the ratification procedure for that agreement has not been finalised, |
| --- | --- |

D.

whereas the revised Cotonou Agreement has just laid the foundations for enhanced, more efficient cooperation between the European Union and ACP countries, although the ratification procedure for that agreement has not been finalised,

| E. | having regard to the growing importance within the JPA of issues of common interest concerning human rights, democracy, delicate situations, political consistency and the effectiveness of aid, |
| --- | --- |

E.

having regard to the growing importance within the JPA of issues of common interest concerning human rights, democracy, delicate situations, political consistency and the effectiveness of aid,

| F. | whereas the situation in Zimbabwe deteriorated still further in 2007 and, regrettably, it was not possible to adopt a resolution on the matter during the abovementioned JPA session in Wiesbaden, to wind up a very constructive debate; whereas the Zimbabwe delegation's failure to participate in this session is very regrettable, |
| --- | --- |

F.

whereas the situation in Zimbabwe deteriorated still further in 2007 and, regrettably, it was not possible to adopt a resolution on the matter during the abovementioned JPA session in Wiesbaden, to wind up a very constructive debate; whereas the Zimbabwe delegation's failure to participate in this session is very regrettable,

| G. | having regard to the ongoing conflict in Darfur (Sudan) and the grave, repeated infringements of human rights, particularly the continued risk of sexual assault and rape faced by women and girls, and stressing the need for effective humanitarian aid and help for victims of sexual violence; |
| --- | --- |

G.

having regard to the ongoing conflict in Darfur (Sudan) and the grave, repeated infringements of human rights, particularly the continued risk of sexual assault and rape faced by women and girls, and stressing the need for effective humanitarian aid and help for victims of sexual violence;

| H. | having regard to the work of the Pan-African Parliament and the formalisation of relations between the European Parliament and the Pan-African Parliament; having regard, in particular, to the joint declaration of the Pan-African Parliament and the European Parliament with a view to the EU-Africa summit held in December 2007 in Lisbon, |
| --- | --- |

H.

having regard to the work of the Pan-African Parliament and the formalisation of relations between the European Parliament and the Pan-African Parliament; having regard, in particular, to the joint declaration of the Pan-African Parliament and the European Parliament with a view to the EU-Africa summit held in December 2007 in Lisbon,

| I. | having regard to the increasing participation of non-governmental stakeholders in JPA sessions and the financial difficulties encountered by civil society in ACP countries in attending meetings, |
| --- | --- |

I.

having regard to the increasing participation of non-governmental stakeholders in JPA sessions and the financial difficulties encountered by civil society in ACP countries in attending meetings,

| J. | having regard to the excellent contributions made by the German EU Presidency and the Rwandan Government to the abovementioned JPA sessions in Wiesbaden and Kigali, |
| --- | --- |

J.

having regard to the excellent contributions made by the German EU Presidency and the Rwandan Government to the abovementioned JPA sessions in Wiesbaden and Kigali,

| K. | having regard to the fact-finding and study missions carried out by the JPA Bureau in 2007:






  — | to Senegal, Côte d'Ivoire and Ghana, and |
| --- | --- | --- |

K.

having regard to the fact-finding and study missions carried out by the JPA Bureau in 2007:

—

to Senegal, Côte d'Ivoire and Ghana, and

| — | to Madagascar, |
| --- | --- |

—

to Madagascar,

| 1. | Welcomes the fact that in 2007 the JPA provided a framework for an open, democratic and in-depth dialogue on the negotiation of EPAs between the EU and the ACP countries, as shown by the adoption of the Kigali Declaration; |
| --- | --- |

1.

Welcomes the fact that in 2007 the JPA provided a framework for an open, democratic and in-depth dialogue on the negotiation of EPAs between the EU and the ACP countries, as shown by the adoption of the Kigali Declaration;

| 2. | Stresses the concerns expressed by the JPA about several aspects of the negotiations, with regard to both form and substance; points out that the debate has continued since the adoption of EPAs with the Caribbean and interim agreements with certain countries and regions; |
| --- | --- |

2.

Stresses the concerns expressed by the JPA about several aspects of the negotiations, with regard to both form and substance; points out that the debate has continued since the adoption of EPAs with the Caribbean and interim agreements with certain countries and regions;

| 3. | Is concerned about the establishment of a new body in the context of EPAs, i.e. the parliamentary committee, without the relationship between this body and the JPA being made clear; calls for conflicts of competence or pointless friction in this area to be avoided; at the same time welcomes this parliamentary dimension given to the EPA and is strongly convinced that the JPA will start implementing this dialogue at parliamentary level immediately by means of its regional meetings; |
| --- | --- |

3.

Is concerned about the establishment of a new body in the context of EPAs, i.e. the parliamentary committee, without the relationship between this body and the JPA being made clear; calls for conflicts of competence or pointless friction in this area to be avoided; at the same time welcomes this parliamentary dimension given to the EPA and is strongly convinced that the JPA will start implementing this dialogue at parliamentary level immediately by means of its regional meetings;

| 4. | Welcomes the commitment made by the Commissioner responsible for development and humanitarian aid during the abovementioned JPA session in Kigali to subject Country and Regional Strategy Papers for the ACP countries (relating to the period 2008-2013) to democratic scrutiny by parliaments and welcomes the work already done by certain ACP parliaments in examining these papers; |
| --- | --- |

4.

Welcomes the commitment made by the Commissioner responsible for development and humanitarian aid during the abovementioned JPA session in Kigali to subject Country and Regional Strategy Papers for the ACP countries (relating to the period 2008-2013) to democratic scrutiny by parliaments and welcomes the work already done by certain ACP parliaments in examining these papers;

| 5. | Points out, in this regard, the need to involve parliaments closely in the democratic process and in national development strategies; stresses their vital role in establishing, following up and monitoring development policies; |
| --- | --- |

5.

Points out, in this regard, the need to involve parliaments closely in the democratic process and in national development strategies; stresses their vital role in establishing, following up and monitoring development policies;

| 6. | Calls on the parliaments of the ACP countries to demand that their governments and the Commission involve them in the process of preparation and implementation of the Country Strategy Papers concerning cooperation between the EU and their country (relating to the period 2008-2013); |
| --- | --- |

6.

Calls on the parliaments of the ACP countries to demand that their governments and the Commission involve them in the process of preparation and implementation of the Country Strategy Papers concerning cooperation between the EU and their country (relating to the period 2008-2013);

| 7. | Calls on the Commission to supply all available information to the parliaments of the ACP countries and to provide them with assistance in this process of democratic control, in particular by supporting their capacities; |
| --- | --- |

7.

Calls on the Commission to supply all available information to the parliaments of the ACP countries and to provide them with assistance in this process of democratic control, in particular by supporting their capacities;

| 8. | Calls on the ACP parliaments to exercise close parliamentary scrutiny in respect of the European Development Fund (EDF); highlights the privileged position of the JPA in this debate and calls on it to continue to insist that those parliaments which have not yet done so should ratify the revised Cotonou Agreement in order to benefit from EDF 10; |
| --- | --- |

8.

Calls on the ACP parliaments to exercise close parliamentary scrutiny in respect of the European Development Fund (EDF); highlights the privileged position of the JPA in this debate and calls on it to continue to insist that those parliaments which have not yet done so should ratify the revised Cotonou Agreement in order to benefit from EDF 10;

| 9. | Calls on the Commission to provide for measures to fill the funding gap between the implementation of EDF 9 and EDF 10; |
| --- | --- |

9.

Calls on the Commission to provide for measures to fill the funding gap between the implementation of EDF 9 and EDF 10;

| 10. | Reaffirms that it supports the JPA's request, as expressed at its 9th session held in April 2005, for a suitable percentage of EDF appropriations to be assigned to education and to the political training of parliamentarians and political, economic and social leaders, in the interest of a sustainable consolidation of good governance, the rule of law, democratic structures and interaction between government and opposition in pluralistic democracies based on free elections; |
| --- | --- |

10.

Reaffirms that it supports the JPA's request, as expressed at its 9th session held in April 2005, for a suitable percentage of EDF appropriations to be assigned to education and to the political training of parliamentarians and political, economic and social leaders, in the interest of a sustainable consolidation of good governance, the rule of law, democratic structures and interaction between government and opposition in pluralistic democracies based on free elections;

| 11. | Welcomes the increasingly parliamentary, and hence political, nature of the JPA, together with the increased commitment of its members and the quality of its debates, which contributes decisively to the ACP-EU partnership; |
| --- | --- |

11.

Welcomes the increasingly parliamentary, and hence political, nature of the JPA, together with the increased commitment of its members and the quality of its debates, which contributes decisively to the ACP-EU partnership;

| 12. | Considers that the abovementioned JPA resolutions on the situation in Darfur, and on the situation in the DRC, are significant examples of this enhanced dialogue; |
| --- | --- |

12.

Considers that the abovementioned JPA resolutions on the situation in Darfur, and on the situation in the DRC, are significant examples of this enhanced dialogue;

| 13. | Considers that the JPA, which is a forum for debate between EU and ACP parliamentarians, plays a positive role in political dialogue and in the quest for a global, inclusive agreement for peace and development for the people of Darfur; |
| --- | --- |

13.

Considers that the JPA, which is a forum for debate between EU and ACP parliamentarians, plays a positive role in political dialogue and in the quest for a global, inclusive agreement for peace and development for the people of Darfur;

| 14. | Calls on the JPA to contribute to the international community's awareness-raising effort with regard to the conflicts affecting North Kivu and several regions in the east of the DRC, to promote a negotiated political solution to the crisis and to support any action which such a negotiated solution might propose; |
| --- | --- |

14.

Calls on the JPA to contribute to the international community's awareness-raising effort with regard to the conflicts affecting North Kivu and several regions in the east of the DRC, to promote a negotiated political solution to the crisis and to support any action which such a negotiated solution might propose;

| 15. | Calls on the JPA to pursue and deepen dialogue with the Pan-African Parliament and the parliaments of regional organisations, owing to the importance of regional integration to the peace and development in ACP countries; |
| --- | --- |

15.

Calls on the JPA to pursue and deepen dialogue with the Pan-African Parliament and the parliaments of regional organisations, owing to the importance of regional integration to the peace and development in ACP countries;

| 16. | Welcomes the debate that took place on the situation in Somalia during the abovementioned JPA session in Kigali, which shows that the JPA can serve as a forum in which to tackle such complex issues; regrets, however, that the situation in Somalia has not improved, and continues to be a ‘forgotten crisis’; |
| --- | --- |

16.

Welcomes the debate that took place on the situation in Somalia during the abovementioned JPA session in Kigali, which shows that the JPA can serve as a forum in which to tackle such complex issues; regrets, however, that the situation in Somalia has not improved, and continues to be a ‘forgotten crisis’;

| 17. | Regrets that the JPA was not sufficiently consulted in the drafting of the Joint EU-Africa Strategy, and hopes that the JPA will be actively involved in the implementation of that strategy; |
| --- | --- |

17.

Regrets that the JPA was not sufficiently consulted in the drafting of the Joint EU-Africa Strategy, and hopes that the JPA will be actively involved in the implementation of that strategy;

| 18. | Welcomes the fact that the regional meetings provided for in the Cotonou Agreement and the JPA Rules of Procedure may at last be held as from 2008; hopes that these meetings will give rise to a genuine exchange of views on regional issues, including conflict prevention and resolution, and that EU policies will help to strengthen regional cohesion; stresses that these meetings are particularly timely as regards the negotiation, conclusion and implementation of EPAs and that this should be a key focus; welcomes the organisation of the first regional meeting in April 2008 in Windhoek, Namibia; |
| --- | --- |

18.

Welcomes the fact that the regional meetings provided for in the Cotonou Agreement and the JPA Rules of Procedure may at last be held as from 2008; hopes that these meetings will give rise to a genuine exchange of views on regional issues, including conflict prevention and resolution, and that EU policies will help to strengthen regional cohesion; stresses that these meetings are particularly timely as regards the negotiation, conclusion and implementation of EPAs and that this should be a key focus; welcomes the organisation of the first regional meeting in April 2008 in Windhoek, Namibia;

| 19. | Encourages the JPA to strengthen the role of its Committee on Political Affairs in order to make it a true forum for conflict prevention and settlement in the context of the ACP-EU partnership, and to that end to make the debates on urgent situations in given countries more general; welcomes the work done in the area of good governance, as well as the elections and electoral processes in the ACP and EU countries, and encourages close collaboration between the activities of ACP and EU parliamentarians as election observers within the framework of EU election observation missions; |
| --- | --- |

19.

Encourages the JPA to strengthen the role of its Committee on Political Affairs in order to make it a true forum for conflict prevention and settlement in the context of the ACP-EU partnership, and to that end to make the debates on urgent situations in given countries more general; welcomes the work done in the area of good governance, as well as the elections and electoral processes in the ACP and EU countries, and encourages close collaboration between the activities of ACP and EU parliamentarians as election observers within the framework of EU election observation missions;

| 20. | Notes with satisfaction the desire expressed by the JPA Committee on Economic Development, Finance and Trade to deal with issues relating to food security, especially at a time when the World Food Programme is sounding the alarm due to the rise in prices, the consequences of climate change and the decline in world food stocks; |
| --- | --- |

20.

Notes with satisfaction the desire expressed by the JPA Committee on Economic Development, Finance and Trade to deal with issues relating to food security, especially at a time when the World Food Programme is sounding the alarm due to the rise in prices, the consequences of climate change and the decline in world food stocks;

| 21. | Highlights the importance of the report on the effectiveness of aid adopted at the abovementioned Kigali JPA session and urges the JPA to hold an in-depth debate on the concept of official development aid, budgeting issues and forms of alternative funding in development cooperation; |
| --- | --- |

21.

Highlights the importance of the report on the effectiveness of aid adopted at the abovementioned Kigali JPA session and urges the JPA to hold an in-depth debate on the concept of official development aid, budgeting issues and forms of alternative funding in development cooperation;

| 22. | Stresses the role played by the JPA Committee on Social Affairs and the Environment with regard to the migration of skilled workers and neglected diseases and supports its decision to study the impact of structural adjustment programmes; |
| --- | --- |

22.

Stresses the role played by the JPA Committee on Social Affairs and the Environment with regard to the migration of skilled workers and neglected diseases and supports its decision to study the impact of structural adjustment programmes;

| 23. | Notes with satisfaction the growing participation of non-governmental stakeholders in JPA sessions and the fact that events taking place on the sidelines of these sessions are now making a positive contribution; calls on the JPA, the EU and the ACP countries to encourage, from a financial and technical point of view, the participation of the civil societies of ACP countries in this work; considers the request and proposals aimed at achieving this that are to be put to the JPA Bureau in September 2008 to be a constructive development; |
| --- | --- |

23.

Notes with satisfaction the growing participation of non-governmental stakeholders in JPA sessions and the fact that events taking place on the sidelines of these sessions are now making a positive contribution; calls on the JPA, the EU and the ACP countries to encourage, from a financial and technical point of view, the participation of the civil societies of ACP countries in this work; considers the request and proposals aimed at achieving this that are to be put to the JPA Bureau in September 2008 to be a constructive development;

| 24. | Instructs its President to forward this resolution to the Council and Commission, the ACP Council, the JPA, the parliaments of the ACP countries and the governments and parliaments of the Federal Republic of Germany and the Republic of Rwanda. |
| --- | --- |

24.

Instructs its President to forward this resolution to the Council and Commission, the ACP Council, the JPA, the parliaments of the ACP countries and the governments and parliaments of the Federal Republic of Germany and the Republic of Rwanda.

---

(1)  OJ L 317, 15.12.2000, p. 3. Agreement as last amended by Decision No 1/2006 of the ACP-EC Council of Ministers (OJ L 247, 9.9.2006, p. 22).

(2)  OJ C 231, 26.9.2003, p. 68.

(3)  OJ C 254, 26.10.2007, p. 42.

(4)  OJ L 378, 27.12.2006, p. 41. Corrected by OJ L 163, 23.6.2007, p. 24.

(5)  OJ C 58, 1.3.2008, p. 44.

(6)  OJ C 254, 26.10.2007, p. 17.

(7)  OJ C 254, 26.10.2007, p. 25.

(8)  OJ C 254, 26.10.2007, p. 31.

(9)  OJ C 254, 26.10.2007, p. 39.

(10)  OJ C 58, 1.3.2008, p. 18.

(11)  OJ C 58, 1.3.2008, p. 26.

(12)  OJ C 58, 1.3.2008, p. 29.

(13)  OJ C 58, 1.3.2008, p. 35.

(14)  OJ C 58, 1.3.2008, p. 40.

---

| 26.11.2009 | EN | Official Journal of the European Union | CE 285/55 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/55

---

Thursday 5 June 2008Competition: Sector inquiry on retail banking

P6_TA(2008)0260

European Parliament resolution of 5 June 2008 on Competition: Sector inquiry on retail banking (2007/2201(INI))

2009/C 285 E/09

The European Parliament,

having regard to the Commission Communication on the Sector Inquiry under Article 17 of Regulation (EC) No 1/2003 on retail banking (Final Report) (COM(2007)0033),

having regard to the Commission's Interim report I of 12 April 2006 on payment cards and its Interim report II of 17 July 2006 on Current accounts and related services,

having regard to the Green Paper on Retail Financial Services in the Single Market (COM(2007)0226),

having regard to the Commission Communication on A Single market for 21st century Europe (COM(2007)0724),

having regard to Commission Decision COMP/34.579 Europay (Eurocard-MasterCard) of 19 December 2007 on Mastercard's intra-EEA multilateral interchange fees,

having regard to the Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast) (1) (Capital Requirements Directive) and Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions (recast) (2) (Capital Adequacy Directive),

having regard to the Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market (3) (Payment Services Directive),

having regard to its position at second reading of 16 January 2008 on the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council on credit agreements for consumers and repealing Council Directive 87/102/EEC (4) (draft Consumer Credit Directive),

having regard to its resolution of 11 July 2007 on financial services policy (2005-2010) — White Paper (5),

having regard to its resolution of 4 July 2006 on further consolidation in the financial services industry (6),

having regard to Rule 45 of its Rules of Procedure,

having regard to the report of the Committee on Economic and Monetary Affairs (A6-0185/2008),

| A. | whereas a well-functioning integrated financial market is a necessary precondition for the achievement of the Lisbon agenda which aims to provide the European Union with the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth with more and better jobs, |
| --- | --- |

A.

whereas a well-functioning integrated financial market is a necessary precondition for the achievement of the Lisbon agenda which aims to provide the European Union with the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth with more and better jobs,

| B. | whereas an essential role is played by retail banks in passing on, as appropriate, monetary policy conditions to the market, particularly to small and medium-sized enterprises (SMEs) and consumers, |
| --- | --- |

B.

whereas an essential role is played by retail banks in passing on, as appropriate, monetary policy conditions to the market, particularly to small and medium-sized enterprises (SMEs) and consumers,

| C. | whereas in order to complete the Financial Services Action Plan and deliver its full benefits to consumers and retailers, there is a need to improve retail financial services, |
| --- | --- |

C.

whereas in order to complete the Financial Services Action Plan and deliver its full benefits to consumers and retailers, there is a need to improve retail financial services,

| D. | whereas access to basic banking services, such as opening a bank account, is a right for every citizen, |
| --- | --- |

D.

whereas access to basic banking services, such as opening a bank account, is a right for every citizen,

| E. | whereas the retail banking sector is important to the EU economy in terms of growth and employment and to consumers and SMEs, |
| --- | --- |

E.

whereas the retail banking sector is important to the EU economy in terms of growth and employment and to consumers and SMEs,

| F. | whereas difficulties relating to the harmonisation of consumer policy in the European Union and the inherent complexity of financial products persist, |
| --- | --- |

F.

whereas difficulties relating to the harmonisation of consumer policy in the European Union and the inherent complexity of financial products persist,

| G. | whereas Community competition policy is important for the completion of the internal market and the good functioning of a real level playing field for all actors, |
| --- | --- |

G.

whereas Community competition policy is important for the completion of the internal market and the good functioning of a real level playing field for all actors,

| H. | whereas the diversity of legal models and business objectives of financial entities in the retail banking sector (banks, savings banks, cooperatives, etc.) is a fundamental asset to the EU's economy which enriches the sector, corresponds to the pluralist structure of the market and helps to increase competition in the internal market, |
| --- | --- |

H.

whereas the diversity of legal models and business objectives of financial entities in the retail banking sector (banks, savings banks, cooperatives, etc.) is a fundamental asset to the EU's economy which enriches the sector, corresponds to the pluralist structure of the market and helps to increase competition in the internal market,

| I. | whereas there is a need to balance a high degree of consumer protection with the proper functioning of the internal market, |
| --- | --- |

I.

whereas there is a need to balance a high degree of consumer protection with the proper functioning of the internal market,

General

| 1. | Supports the integrated approach of the Commission, which comprises supporting internal market policies with well-targeted sector inquiries; regrets, nevertheless, the timing of the sector inquiry and the fact that there has been no examination of how monetary policy conditions are passed on to the retail market; encourages the Commission to follow up its work once the Capital Adequacy Directive, the Single Euro Payment Area (SEPA), the Payment Services Directive and the Consumer Credit Directive will have demonstrated their effects in practice; |
| --- | --- |

1.

Supports the integrated approach of the Commission, which comprises supporting internal market policies with well-targeted sector inquiries; regrets, nevertheless, the timing of the sector inquiry and the fact that there has been no examination of how monetary policy conditions are passed on to the retail market; encourages the Commission to follow up its work once the Capital Adequacy Directive, the Single Euro Payment Area (SEPA), the Payment Services Directive and the Consumer Credit Directive will have demonstrated their effects in practice;

| 2. | Regrets that the sector inquiry on retail banking does not take sufficient account of the specificities of the strictly regulated banking sector and the importance of culture, habits and language in consumer choices and protection available for financial products; considers that the lack of consumer mobility in the European Union is often dictated by the long-term relationship of trust which is frequently established between bank and consumer; is concerned that the Commission's assessment of market integration builds on too few economic indicators and may consequently fail duly to reflect the characteristics of the retail banking sector; |
| --- | --- |

2.

Regrets that the sector inquiry on retail banking does not take sufficient account of the specificities of the strictly regulated banking sector and the importance of culture, habits and language in consumer choices and protection available for financial products; considers that the lack of consumer mobility in the European Union is often dictated by the long-term relationship of trust which is frequently established between bank and consumer; is concerned that the Commission's assessment of market integration builds on too few economic indicators and may consequently fail duly to reflect the characteristics of the retail banking sector;

| 3. | Recalls that competition policy is a powerful tool for completing the internal market but that aiming for more competition should neither lead to weakened risk management in the banking sector nor endanger the stability of a particularly crucial and strategic sector of the world economy; emphasises that market and consumer confidence are both essential for the further development of financial services, and that promoting consumer information relating to financial services is necessary to strengthen the role of consumers as market participants; |
| --- | --- |

3.

Recalls that competition policy is a powerful tool for completing the internal market but that aiming for more competition should neither lead to weakened risk management in the banking sector nor endanger the stability of a particularly crucial and strategic sector of the world economy; emphasises that market and consumer confidence are both essential for the further development of financial services, and that promoting consumer information relating to financial services is necessary to strengthen the role of consumers as market participants;

| 4. | Points out that a highly fragmented regulatory framework is an impediment to the development of the cross-border supply of banking services; supports, therefore, the Commission initiative to reopen its assessment of Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services (7), which must also involve a review of the directives on electronic commerce (8) and electronic signatures (9) in order to enable these effectively to achieve their stated aims; |
| --- | --- |

4.

Points out that a highly fragmented regulatory framework is an impediment to the development of the cross-border supply of banking services; supports, therefore, the Commission initiative to reopen its assessment of Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services (7), which must also involve a review of the directives on electronic commerce (8) and electronic signatures (9) in order to enable these effectively to achieve their stated aims;

| 5. | Takes the view that even the implementation of money laundering legislation may constitute an obstacle to consumer mobility in terms, for example, of the opening of cross-border current accounts, given the varying requirements relating to identification and verification that the banks must fulfil; calls on the Commission to assess the impact on consumer mobility of the rules laid down in money laundering legislation; |
| --- | --- |

5.

Takes the view that even the implementation of money laundering legislation may constitute an obstacle to consumer mobility in terms, for example, of the opening of cross-border current accounts, given the varying requirements relating to identification and verification that the banks must fulfil; calls on the Commission to assess the impact on consumer mobility of the rules laid down in money laundering legislation;

Consumer mobility

| 6. | Requests the Commission to work towards facilitating consumer mobility and to monitor Member States' progress in allowing consumers more easily to change provider, thus reinforcing healthy competition between providers; would like to see, to the greatest extent possible, no disruption of service even when closing a current account or changing provider and to avoid any costly duplication of services; |
| --- | --- |

6.

Requests the Commission to work towards facilitating consumer mobility and to monitor Member States' progress in allowing consumers more easily to change provider, thus reinforcing healthy competition between providers; would like to see, to the greatest extent possible, no disruption of service even when closing a current account or changing provider and to avoid any costly duplication of services;

| 7. | Urges that the simplification of the financial service regulations and the dismantling of barriers to consumer mobility should not lead to lower standards of consumer protection in the Member States; |
| --- | --- |

7.

Urges that the simplification of the financial service regulations and the dismantling of barriers to consumer mobility should not lead to lower standards of consumer protection in the Member States;

| 8. | Recommends permitting only fully justified charges for closing accounts, if any, in order to encourage mobility and competition; encourages the banking industry to develop best practices on swift and efficient procedures for account switching, taking into account both the duration of the procedure and the associated costs; is of the opinion that switching current accounts should cause no harm to consumers; opposes any unnecessary contractual terms that impede consumer mobility; |
| --- | --- |

8.

Recommends permitting only fully justified charges for closing accounts, if any, in order to encourage mobility and competition; encourages the banking industry to develop best practices on swift and efficient procedures for account switching, taking into account both the duration of the procedure and the associated costs; is of the opinion that switching current accounts should cause no harm to consumers; opposes any unnecessary contractual terms that impede consumer mobility;

| 9. | Underlines that, as regards product-tying, a clear distinction must be made between product combinations favourable to both consumer and bank and common to all branches of the economy on the one hand, and practices resulting in unfair competition on the other; |
| --- | --- |

9.

Underlines that, as regards product-tying, a clear distinction must be made between product combinations favourable to both consumer and bank and common to all branches of the economy on the one hand, and practices resulting in unfair competition on the other;

| 10. | Considers that access to basic financial services, such as opening a bank account, is a right and calls on the Commission to identify the obstacles to the exercise of that right and the best practices of operators in the retail financial sector in that respect; |
| --- | --- |

10.

Considers that access to basic financial services, such as opening a bank account, is a right and calls on the Commission to identify the obstacles to the exercise of that right and the best practices of operators in the retail financial sector in that respect;

Information and transparency

| 11. | Is of the opinion that information for consumers is fundamental for ensuring competition among banks; requests information that is of a better quality, more readable and hence accessible to consumers; is of the opinion that, for the time being, it is too often time-consuming and onerous for consumers to obtain such information; |
| --- | --- |

11.

Is of the opinion that information for consumers is fundamental for ensuring competition among banks; requests information that is of a better quality, more readable and hence accessible to consumers; is of the opinion that, for the time being, it is too often time-consuming and onerous for consumers to obtain such information;

| 12. | Recognises that there is a tension between preventing information overload and providing consumers with sufficient information; favours information quality over quantity; calls on the Commission, therefore, to invite consumer organisations to define which information they deem to be essential to enable consumers to make appropriate choices; |
| --- | --- |

12.

Recognises that there is a tension between preventing information overload and providing consumers with sufficient information; favours information quality over quantity; calls on the Commission, therefore, to invite consumer organisations to define which information they deem to be essential to enable consumers to make appropriate choices;

| 13. | Requests the Commission to work towards ensuring that the industry, as a supplement to existing national provisions, provides consumers, before they open an account, with a succinct compilation detailing all costs, including closing costs, if any, in a way that is comparable across the European Union; calls on the Commission to propose appropriate legislation in the event that the industry fails to respect its commitment; |
| --- | --- |

13.

Requests the Commission to work towards ensuring that the industry, as a supplement to existing national provisions, provides consumers, before they open an account, with a succinct compilation detailing all costs, including closing costs, if any, in a way that is comparable across the European Union; calls on the Commission to propose appropriate legislation in the event that the industry fails to respect its commitment;

| 14. | Welcomes the Commission's study of the regulatory landscape for retail investment products and trusts that this will lead to better disclosure of costs, risks and conditions and thereby provide useful cross-border comparisons; |
| --- | --- |

14.

Welcomes the Commission's study of the regulatory landscape for retail investment products and trusts that this will lead to better disclosure of costs, risks and conditions and thereby provide useful cross-border comparisons;

| 15. | Recommends the creation of a single EU standard for providing information to the costumer by the supplier on their basic products, related costs and conditions in order to allow an easy and transparent comparison where tied products do not allow at the moment; calls for disclosure upon request of value chain costs of retail financial products to ensure level playing field for competition; suggests to the industry to work on the feasibility of setting up a EU-wide research engine to allow easy and free cross-border comparison; |
| --- | --- |

15.

Recommends the creation of a single EU standard for providing information to the costumer by the supplier on their basic products, related costs and conditions in order to allow an easy and transparent comparison where tied products do not allow at the moment; calls for disclosure upon request of value chain costs of retail financial products to ensure level playing field for competition; suggests to the industry to work on the feasibility of setting up a EU-wide research engine to allow easy and free cross-border comparison;

Consumer education relating to retail banking

| 16. | Calls for the development of financial education programmes aimed at increasing the awareness of consumers as regards their money-management options; |
| --- | --- |

16.

Calls for the development of financial education programmes aimed at increasing the awareness of consumers as regards their money-management options;

| 17. | Supports the efforts made by the Commission and the financial services industry to raise consumers' level of knowledge about financial services products and run educational programmes in that area, as the information supplied by financial service product providers must also be understood and used by the consumer; |
| --- | --- |

17.

Supports the efforts made by the Commission and the financial services industry to raise consumers' level of knowledge about financial services products and run educational programmes in that area, as the information supplied by financial service product providers must also be understood and used by the consumer;

| 18. | Recalls the importance of developing financial education as a complement to adequate consumer protection, especially in the field of retail banking (for instance as regards loans, mortgages, diversified and safe saving and investment); calls on the Member States and the banking sector to take and coordinate measures to raise financial literacy among citizens, including children, young people, employees and retired people, with a view to educating and empowering consumers in order to enable them to seek better, cheaper and more appropriate products and services and to foster competition, quality and innovation within the banking industry; recalls that confident investors can provide additional liquidity for capital markets; |
| --- | --- |

18.

Recalls the importance of developing financial education as a complement to adequate consumer protection, especially in the field of retail banking (for instance as regards loans, mortgages, diversified and safe saving and investment); calls on the Member States and the banking sector to take and coordinate measures to raise financial literacy among citizens, including children, young people, employees and retired people, with a view to educating and empowering consumers in order to enable them to seek better, cheaper and more appropriate products and services and to foster competition, quality and innovation within the banking industry; recalls that confident investors can provide additional liquidity for capital markets;

| 19. | Asks Member States to consider setting up an institution of independent national ombudsmen responsible for financial services; |
| --- | --- |

19.

Asks Member States to consider setting up an institution of independent national ombudsmen responsible for financial services;

Credit registers and intermediaries

| 20. | Stresses the importance of reliable credit and fraud data for banks and other credit providers, accessible on a fair and transparent basis; insists, nevertheless, on the necessity to protect consumers' personal data; requests the Commission to identify obstacles to data sharing and to make proposals for the interoperability of data registers while respecting consumers' private lives and their rights of access and rectification; considers that consumers should be informed in the event of cross-border credit data inquiries relating to them; welcomes the Commission's intention to establish a group of experts on credit histories in order to assist the Commission in the preparation of measures in that regard; |
| --- | --- |

20.

Stresses the importance of reliable credit and fraud data for banks and other credit providers, accessible on a fair and transparent basis; insists, nevertheless, on the necessity to protect consumers' personal data; requests the Commission to identify obstacles to data sharing and to make proposals for the interoperability of data registers while respecting consumers' private lives and their rights of access and rectification; considers that consumers should be informed in the event of cross-border credit data inquiries relating to them; welcomes the Commission's intention to establish a group of experts on credit histories in order to assist the Commission in the preparation of measures in that regard;

| 21. | Calls on the Commission to intensify its work on credit intermediaries (agents or brokers) in order to ensure consumer protection and avoid opaque practices which are particularly damaging to more vulnerable groups of consumer; welcomes the Commission's commitment, in this context, to publish a study analysing the EU credit intermediation market, reviewing its regulatory framework and examining whether any provisions are detrimental to consumers; |
| --- | --- |

21.

Calls on the Commission to intensify its work on credit intermediaries (agents or brokers) in order to ensure consumer protection and avoid opaque practices which are particularly damaging to more vulnerable groups of consumer; welcomes the Commission's commitment, in this context, to publish a study analysing the EU credit intermediation market, reviewing its regulatory framework and examining whether any provisions are detrimental to consumers;

| 22. | Requests the Commission to clarify and harmonise the responsibilities and liabilities of credit intermediaries following the principle ‘same business, same risks, same rules’, since problems often arise in the sale, administration and enforcement of financial services agreements; points out that an undifferentiated ‘one-size-fits-all’ approach would adversely affect product diversity; draws the Commission's attention to the difference between information, which has to be clear, concise, readable and cost-free on the one hand, and tailor-made client advisory services on the other; |
| --- | --- |

22.

Requests the Commission to clarify and harmonise the responsibilities and liabilities of credit intermediaries following the principle ‘same business, same risks, same rules’, since problems often arise in the sale, administration and enforcement of financial services agreements; points out that an undifferentiated ‘one-size-fits-all’ approach would adversely affect product diversity; draws the Commission's attention to the difference between information, which has to be clear, concise, readable and cost-free on the one hand, and tailor-made client advisory services on the other;

Cooperation among banks

| 23. | Welcomes the Commission's further examination of the cooperation among banks in order to assess where such cooperation could result in economic and consumer benefits and whether it could lead to a restriction of competition; underlines, however, that cooperation among banks, for example credit institutions operating in decentralised networks, can result in benefits for the economy and consumers and that, therefore, a careful analysis and an unbiased approach are necessary; |
| --- | --- |

23.

Welcomes the Commission's further examination of the cooperation among banks in order to assess where such cooperation could result in economic and consumer benefits and whether it could lead to a restriction of competition; underlines, however, that cooperation among banks, for example credit institutions operating in decentralised networks, can result in benefits for the economy and consumers and that, therefore, a careful analysis and an unbiased approach are necessary;

| 24. | Is of the opinion that savings and cooperative banks, as well as other credit institutions, contribute substantially to the financing of the local economy and the development of the endogenous potential of regions and facilitate access to financial services for all consumers; stresses that the pluralism of the banking markets and the diversity of providers are pre-conditions for competition throughout the EU banking market provided that there is no distortion of competition and a level playing field is guaranteed for all market participants on the principle, ‘same business, same risks, same rules’; |
| --- | --- |

24.

Is of the opinion that savings and cooperative banks, as well as other credit institutions, contribute substantially to the financing of the local economy and the development of the endogenous potential of regions and facilitate access to financial services for all consumers; stresses that the pluralism of the banking markets and the diversity of providers are pre-conditions for competition throughout the EU banking market provided that there is no distortion of competition and a level playing field is guaranteed for all market participants on the principle, ‘same business, same risks, same rules’;

| 25. | Maintains that non-discriminatory cooperation between independent credit entities, which, as they are still competing with each other, is more efficient and ensures greater interoperability and variety of services to the end consumers, can help the sector to function and contribute to achieving the above objectives; |
| --- | --- |

25.

Maintains that non-discriminatory cooperation between independent credit entities, which, as they are still competing with each other, is more efficient and ensures greater interoperability and variety of services to the end consumers, can help the sector to function and contribute to achieving the above objectives;

Payment systems

| 26. | Is confident that the SEPA and the Payment Services Directive should provide solutions for the fragmentation and lack of competition identified by the sector inquiry concerning payment infrastructures; recalls that the first phase of the SEPA entered into force on 28 January 2008 and requires integrated clearing and settlement platforms, operating on the basis of the same rules and technical standards; emphasises that the access criteria to SEPA should be fair and transparent, and that governance should take into account all stakeholders in the system, not just financial institutions; recalls also that the Payment Services Directive provides that there should be no discrimination as regards access to payments systems other than that necessary to safeguard against risk and protect financial and operational stability; points out that under the principle of neutrality of Community policies, no single method of payment should be favoured over another, and the costs related to the use of the various payments systems should be transparent so that consumers can choose their method of payment in full knowledge of the facts; |
| --- | --- |

26.

Is confident that the SEPA and the Payment Services Directive should provide solutions for the fragmentation and lack of competition identified by the sector inquiry concerning payment infrastructures; recalls that the first phase of the SEPA entered into force on 28 January 2008 and requires integrated clearing and settlement platforms, operating on the basis of the same rules and technical standards; emphasises that the access criteria to SEPA should be fair and transparent, and that governance should take into account all stakeholders in the system, not just financial institutions; recalls also that the Payment Services Directive provides that there should be no discrimination as regards access to payments systems other than that necessary to safeguard against risk and protect financial and operational stability; points out that under the principle of neutrality of Community policies, no single method of payment should be favoured over another, and the costs related to the use of the various payments systems should be transparent so that consumers can choose their method of payment in full knowledge of the facts;

| 27. | Calls on the Commission to investigate whether the transposition of the Payment Services Directive is reducing the number of providers of payment settlement services and to take immediate steps if major providers develop a monopoly position that might reduce competition; |
| --- | --- |

27.

Calls on the Commission to investigate whether the transposition of the Payment Services Directive is reducing the number of providers of payment settlement services and to take immediate steps if major providers develop a monopoly position that might reduce competition;

| 28. | Notes that the Commission and many national competition authorities have stated on numerous occasions that multilateral interchange fees (MIFs) are not prohibited per se under Article 81 of the EC Treaty; notes, nevertheless, that the Commission recently focused on the compatibility of a MIF system with Community competition law; recommends that the Commission propose clear guidelines and indications to correct market imperfections; reminds the Commission of the importance of legal certainty for market participants as well as new market entrants to develop and innovate their services; |
| --- | --- |

28.

Notes that the Commission and many national competition authorities have stated on numerous occasions that multilateral interchange fees (MIFs) are not prohibited per se under Article 81 of the EC Treaty; notes, nevertheless, that the Commission recently focused on the compatibility of a MIF system with Community competition law; recommends that the Commission propose clear guidelines and indications to correct market imperfections; reminds the Commission of the importance of legal certainty for market participants as well as new market entrants to develop and innovate their services;

| 29. | Believes in a strong need for better clarification concerning the methodology and rules for the management of MIFs for card payments and for the mechanism to calculate interbanking fees for automated teller machines and non-card payments; recalls that direct debit and credit transfer schemes, such as those under the SEPA, support services that are jointly offered by two payment service providers and jointly requested by two consumers, creating economic benefits thanks to so-called network effects; suggests that the Commission establish and communicate to all stakeholders the criteria for the definition by market operators of a the methodology to be used to calculate all MIFs, to which the Commission should have regard in order to ensure a real level playing field and the enforcement of all competition rules; |
| --- | --- |

29.

Believes in a strong need for better clarification concerning the methodology and rules for the management of MIFs for card payments and for the mechanism to calculate interbanking fees for automated teller machines and non-card payments; recalls that direct debit and credit transfer schemes, such as those under the SEPA, support services that are jointly offered by two payment service providers and jointly requested by two consumers, creating economic benefits thanks to so-called network effects; suggests that the Commission establish and communicate to all stakeholders the criteria for the definition by market operators of a the methodology to be used to calculate all MIFs, to which the Commission should have regard in order to ensure a real level playing field and the enforcement of all competition rules;

| 30. | Reminds the Commission that it is as important to focus on fees and prices, as it is to achieve greater transparency of the industry in communicating to consumers the characteristics of payment products and services and their rights and obligations as users, thus stimulating more competition in the market; |
| --- | --- |

30.

Reminds the Commission that it is as important to focus on fees and prices, as it is to achieve greater transparency of the industry in communicating to consumers the characteristics of payment products and services and their rights and obligations as users, thus stimulating more competition in the market;

*

* *

| 31. | Instructs its President to forward this resolution to the Council, the Commission, the European Central Bank and the Committee of European Banking Supervisors. |
| --- | --- |

31.

Instructs its President to forward this resolution to the Council, the Commission, the European Central Bank and the Committee of European Banking Supervisors.

---

(1)  OJ L 177, 30.6.2006, p. 1.

(2)  OJ L 177, 30.6.2006, p. 201.

(3)  OJ L 319, 5.12.2007, p. 1.

(4)  Texts Adopted, P6_TA(2008)0011.

(5)  Texts Adopted, P6_TA(2007)0338.

(6)  OJ C 303 E, 13.12.2006, p. 110.

(7)  OJ L 271, 9.10.2002, p. 16.

(8)  Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1).

(9)  Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (OJ L 13, 19.1.2000, p. 12).

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| 26.11.2009 | EN | Official Journal of the European Union | CE 285/61 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/61

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Thursday 5 June 2008Retail Financial Services in the Single Market

P6_TA(2008)0261

European Parliament resolution of 5 June 2008 on the Green Paper on retail financial services in the single market (2007/2287(INI))

2009/C 285 E/10

The European Parliament,

having regard to the Commission Green Paper on Retail Financial Services in the Single Market (COM(2007)0226),

having regard to the Commission Communication on the Sector Inquiry under Article 17 of Regulation (EC) No 1/2003 on retail banking (Final Report) (COM(2007)0033),

having regard to the Commission Communication on the Sector Inquiry under Article 17 of Regulation (EC) No 1/2003 on business insurance (Final Report) (COM(2007)0556),

having regard to the Commission Communication on A single market for 21st century Europe (COM(2007)0724), and, in particular, the accompanying working document by Commission staff on Initiatives in the area of retail financial services (SEC(2007)1520),

having regard to Commission Regulation (EC) No 358/2003 of 27 February 2003 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices in the insurance sector (1),

having regard to its position at second reading of 16 January 2008 on the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council on credit agreements for consumers and repealing Council Directive 87/102/EEC (2),

having regard to its resolution of 12 December 2007 on European contract law (3),

having regard to its resolution of 11 July 2007 on financial services policy (2005-2010) — White Paper (4),

having regard to its resolution of 4 July 2006 on further consolidation in the financial services industry (5),

having regard to Rule 45 of its Rules of Procedure,

having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on the Internal Market and Consumer Protection (A6-0187/2008),

| A. | whereas citizens' assent to European integration depends on the tangible benefits that they derive from it; whereas all citizens must therefore share fairly the benefits of the internal market, |
| --- | --- |

A.

whereas citizens' assent to European integration depends on the tangible benefits that they derive from it; whereas all citizens must therefore share fairly the benefits of the internal market,

| B. | whereas retail banking plays a decisive role in the proper transmission of monetary policy conditions to the market, in particular to consumers and small and medium-sized businesses (SMEs), |
| --- | --- |

B.

whereas retail banking plays a decisive role in the proper transmission of monetary policy conditions to the market, in particular to consumers and small and medium-sized businesses (SMEs),

| C. | whereas under the Treaty of Lisbon, the European economic model is a sustainable social market economy, |
| --- | --- |

C.

whereas under the Treaty of Lisbon, the European economic model is a sustainable social market economy,

| D. | whereas in recent years the integration of the internal market in financial services has made encouragingly rapid progress as regards large businesses, but the internal market in financial services for consumers and SMEs still has room for improvement, |
| --- | --- |

D.

whereas in recent years the integration of the internal market in financial services has made encouragingly rapid progress as regards large businesses, but the internal market in financial services for consumers and SMEs still has room for improvement,

In general

| 1. | Welcomes the Green Paper, which covers banking, insurance and pension products, and its aims to deliver tangible benefits for consumers by securing greater choice and lower prices, enhancing their confidence and empowering them; |
| --- | --- |

1.

Welcomes the Green Paper, which covers banking, insurance and pension products, and its aims to deliver tangible benefits for consumers by securing greater choice and lower prices, enhancing their confidence and empowering them;

| 2. | Notes that not only consumers but also SMEs are less inclined to take up cross-border financial services; underlines the need to ensure that the advantages of the internal market for financial services also benefit small businesses; points out, however, that this does not imply extending consumer protection law to SMEs; underlines, furthermore, that a comprehensive retail strategy includes a wide range of measures, consumer protection law being only one of the relevant areas; |
| --- | --- |

2.

Notes that not only consumers but also SMEs are less inclined to take up cross-border financial services; underlines the need to ensure that the advantages of the internal market for financial services also benefit small businesses; points out, however, that this does not imply extending consumer protection law to SMEs; underlines, furthermore, that a comprehensive retail strategy includes a wide range of measures, consumer protection law being only one of the relevant areas;

| 3. | Considers that, especially on the demand side, the provision of financial services to consumers and SMEs is, to a large extent, local, due to linguistic and cultural factors and people's preference for personal contact; recognises, at the same time, the opportunities presented by facilitating retail market access on the supply side; encourages consumers and SMEs, therefore, to take advantage of the gains in competition and supply that cross-border financial services can offer; |
| --- | --- |

3.

Considers that, especially on the demand side, the provision of financial services to consumers and SMEs is, to a large extent, local, due to linguistic and cultural factors and people's preference for personal contact; recognises, at the same time, the opportunities presented by facilitating retail market access on the supply side; encourages consumers and SMEs, therefore, to take advantage of the gains in competition and supply that cross-border financial services can offer;

| 4. | Emphasises that the internal market for retail financial services can be created only by measures that provide a secure environment for both the demand and the supply side, including as regards the conditions for redress; considers it crucial that such measures should open the way for new products, services and market actors; |
| --- | --- |

4.

Emphasises that the internal market for retail financial services can be created only by measures that provide a secure environment for both the demand and the supply side, including as regards the conditions for redress; considers it crucial that such measures should open the way for new products, services and market actors;

| 5. | Emphasises the need to examine and define a framework and national mandates for cooperation among national supervisory authorities to provide practical solutions for supervision of cross-border retail financial groups within a short time frame; favours colleges of supervisors dealing with multi-jurisdictional financial conglomerates; |
| --- | --- |

5.

Emphasises the need to examine and define a framework and national mandates for cooperation among national supervisory authorities to provide practical solutions for supervision of cross-border retail financial groups within a short time frame; favours colleges of supervisors dealing with multi-jurisdictional financial conglomerates;

Better regulation

| 6. | Supports the Commission in its aim only to pursue initiatives that demonstrably offer citizens tangible benefits, are soundly justified by thorough cost-benefit analyses and have been subject to well-conducted impact studies; agrees that cross-border activity is crucial to increase competition, which usually creates more choice, lower costs and more dynamic development; |
| --- | --- |

6.

Supports the Commission in its aim only to pursue initiatives that demonstrably offer citizens tangible benefits, are soundly justified by thorough cost-benefit analyses and have been subject to well-conducted impact studies; agrees that cross-border activity is crucial to increase competition, which usually creates more choice, lower costs and more dynamic development;

| 7. | Points out that a well-conducted impact study must always include a component correctly ascertaining the original market conditions; emphasises that the integration and competitiveness of a market and the impact of an initiative should be assessed not by means of a single indicator alone but on the basis of the largest possible number of measurements; calls on the Commission to take account not only of the price and range of choice on offer but also of the quality of services and the social and cultural context; |
| --- | --- |

7.

Points out that a well-conducted impact study must always include a component correctly ascertaining the original market conditions; emphasises that the integration and competitiveness of a market and the impact of an initiative should be assessed not by means of a single indicator alone but on the basis of the largest possible number of measurements; calls on the Commission to take account not only of the price and range of choice on offer but also of the quality of services and the social and cultural context;

| 8. | Notes that of the legislative approaches currently available, targeted full harmonisation, which implies full harmonisation of those key elements that are deemed essential, is the appropriate approach for the development of cross-border business and consumer protection, and thus the integration of the retail market; considers that for those elements where harmonisation is not feasible, mutual recognition of different national rules should apply; |
| --- | --- |

8.

Notes that of the legislative approaches currently available, targeted full harmonisation, which implies full harmonisation of those key elements that are deemed essential, is the appropriate approach for the development of cross-border business and consumer protection, and thus the integration of the retail market; considers that for those elements where harmonisation is not feasible, mutual recognition of different national rules should apply;

| 9. | Is aware that the notion of a 28th regime, such as the common frame of reference, has been raised as a possible new approach to European regulation, to enable cross-border users access to pan-European financial products with a uniformly high consumer protection standard; calls on the Commission to put forward a time-frame for a thorough investigation into whether a 28th regime may be feasible, in the event of demand on the part of the financial services industry or consumers, and in the event that it could produce positive results; stresses that, in any event, a 28th regime should form no obstacle to new services and products; |
| --- | --- |

9.

Is aware that the notion of a 28th regime, such as the common frame of reference, has been raised as a possible new approach to European regulation, to enable cross-border users access to pan-European financial products with a uniformly high consumer protection standard; calls on the Commission to put forward a time-frame for a thorough investigation into whether a 28th regime may be feasible, in the event of demand on the part of the financial services industry or consumers, and in the event that it could produce positive results; stresses that, in any event, a 28th regime should form no obstacle to new services and products;

| 10. | Is critical regarding the idea of the standardisation of products by means of legislation, if this undermines the aim of greater product diversity; considers that in order to improve comparability of competing financial products, legal harmonisation, for example of information or prudential requirements, is the way forward; |
| --- | --- |

10.

Is critical regarding the idea of the standardisation of products by means of legislation, if this undermines the aim of greater product diversity; considers that in order to improve comparability of competing financial products, legal harmonisation, for example of information or prudential requirements, is the way forward;

| 11. | Considers that in some cases, self-regulation of the financial services industry can be effective; emphasises that, in particular in those specific cases, self-regulation should be encouraged and its implementation thoroughly monitored; calls on the financial services industry to work steadily towards the aims of the Green Paper by self-regulation and thus reduce the need for legislation; |
| --- | --- |

11.

Considers that in some cases, self-regulation of the financial services industry can be effective; emphasises that, in particular in those specific cases, self-regulation should be encouraged and its implementation thoroughly monitored; calls on the financial services industry to work steadily towards the aims of the Green Paper by self-regulation and thus reduce the need for legislation;

| 12. | Points out that a particular duty of care needs to apply to the marketing of savings and old-age pension products, as the decisions that consumers take in that regard are normally decisions of great importance to them; |
| --- | --- |

12.

Points out that a particular duty of care needs to apply to the marketing of savings and old-age pension products, as the decisions that consumers take in that regard are normally decisions of great importance to them;

More choice and lower prices for consumers and SMEs

| 13. | Stresses that, for the creation of an internal market for financial services for consumers and SMEs, the establishment of Community-wide competition and cross-border provision of financial services are among the basic preconditions; points out that lower prices, more choice and greater quality are what mainly follow from healthy competition between financial services providers; stresses that financial services directives favouring SMEs bring benefits only if there is effective competition between retail financial service providers; |
| --- | --- |

13.

Stresses that, for the creation of an internal market for financial services for consumers and SMEs, the establishment of Community-wide competition and cross-border provision of financial services are among the basic preconditions; points out that lower prices, more choice and greater quality are what mainly follow from healthy competition between financial services providers; stresses that financial services directives favouring SMEs bring benefits only if there is effective competition between retail financial service providers;

| 14. | Welcomes the initiative of the payments industry to create the Single Euro Payments Area, but emphasises that such a system should lead to greater transparency, especially concerning interchange fees; |
| --- | --- |

14.

Welcomes the initiative of the payments industry to create the Single Euro Payments Area, but emphasises that such a system should lead to greater transparency, especially concerning interchange fees;

| 15. | Reminds the Commission that effective competition between financial service providers is secured by having a large number of market participants competing under equal conditions and a constant flow of consumer-relevant information; draws attention to its resolution on consolidation in the financial services industry, in which it states that the pluralistic structure of the EU banking market, where financial institutions take diverse legal forms in accordance with their diverse business aims, is an asset to the European social market economy, consumers and the stability of the financial markets; |
| --- | --- |

15.

Reminds the Commission that effective competition between financial service providers is secured by having a large number of market participants competing under equal conditions and a constant flow of consumer-relevant information; draws attention to its resolution on consolidation in the financial services industry, in which it states that the pluralistic structure of the EU banking market, where financial institutions take diverse legal forms in accordance with their diverse business aims, is an asset to the European social market economy, consumers and the stability of the financial markets;

| 16. | Notes the important role that mutual insurers play in the EU insurance market, with 68 % of insurance companies with a 25 % market share, serving more than 230 million European citizens; stresses that current tools to develop business in the internal market are not compatible with the mutual corporate structure; |
| --- | --- |

16.

Notes the important role that mutual insurers play in the EU insurance market, with 68 % of insurance companies with a 25 % market share, serving more than 230 million European citizens; stresses that current tools to develop business in the internal market are not compatible with the mutual corporate structure;

| 17. | Points out that a statute for a European mutual society would allow mutual insurers to operate at the same level as other insurance undertakings, in particular in a cross-border situation, thus increasing the offer of insurance products; emphasises that mutual organisations, because of their governance, which directly involves their customers, contribute to increased overall consumer confidence in the EU financial markets; strongly believes that the participative design of governance of mutual organisations is capable of increasing customer awareness of and participation in the financial markets; |
| --- | --- |

17.

Points out that a statute for a European mutual society would allow mutual insurers to operate at the same level as other insurance undertakings, in particular in a cross-border situation, thus increasing the offer of insurance products; emphasises that mutual organisations, because of their governance, which directly involves their customers, contribute to increased overall consumer confidence in the EU financial markets; strongly believes that the participative design of governance of mutual organisations is capable of increasing customer awareness of and participation in the financial markets;

| 18. | Notes that real and fair competition can arise only on a level playing field; concludes that any legislation must follow the principle ‘same business, same risks, same rules’; points out, however, that in the financial services sector, product design is particularly influenced by the regulatory environment and an that undifferentiated ‘one-size-fits-all’ approach would adversely affect product diversity; stresses, thus, the importance of differentiating according to the type of product; is convinced, however, that comparable transparency and disclosure requirements for competing investment products, are needed, in particular, at the point of sale; regrets that, so far, the issue of complex financial products has not been properly addressed; calls upon the Commission, therefore, to address unjustified inconsistencies and other shortcomings of the regulatory framework concerned; |
| --- | --- |

18.

Notes that real and fair competition can arise only on a level playing field; concludes that any legislation must follow the principle ‘same business, same risks, same rules’; points out, however, that in the financial services sector, product design is particularly influenced by the regulatory environment and an that undifferentiated ‘one-size-fits-all’ approach would adversely affect product diversity; stresses, thus, the importance of differentiating according to the type of product; is convinced, however, that comparable transparency and disclosure requirements for competing investment products, are needed, in particular, at the point of sale; regrets that, so far, the issue of complex financial products has not been properly addressed; calls upon the Commission, therefore, to address unjustified inconsistencies and other shortcomings of the regulatory framework concerned;

| 19. | Urges the Commission to present proposals to streamline regulatory requirements with respect to the distribution and organisation of comparable retail products and information thereon; is of the opinion further that such proposals should be based upon the principles laid down in Directive 2004/39/EC (6) of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments such as those of ‘best advice’ and ‘know your customer’; |
| --- | --- |

19.

Urges the Commission to present proposals to streamline regulatory requirements with respect to the distribution and organisation of comparable retail products and information thereon; is of the opinion further that such proposals should be based upon the principles laid down in Directive 2004/39/EC (6) of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments such as those of ‘best advice’ and ‘know your customer’;

| 20. | Regrets that cross-border providers of financial services incur high costs and suffer from legal uncertainty as a result of differing legal provisions and practices of national supervisory authorities; calls on the Lamfalussy committees to step up their work establishing uniform EU standards; advocates, in particular, agreement on simple and practical standard forms for reporting and approval procedures; |
| --- | --- |

20.

Regrets that cross-border providers of financial services incur high costs and suffer from legal uncertainty as a result of differing legal provisions and practices of national supervisory authorities; calls on the Lamfalussy committees to step up their work establishing uniform EU standards; advocates, in particular, agreement on simple and practical standard forms for reporting and approval procedures;

| 21. | Considers that the development of Internet services changes the prospects for EU financial markets and presents an opportunity to take the lead in the development of retail services; calls on the Commission and the Member States to promote e-commerce and the electronic signature further; calls on the Commission and the Member States, moreover, to assess whether the money laundering directive (7) is hindering the remote provision of services and how such a situation might be remedied; |
| --- | --- |

21.

Considers that the development of Internet services changes the prospects for EU financial markets and presents an opportunity to take the lead in the development of retail services; calls on the Commission and the Member States to promote e-commerce and the electronic signature further; calls on the Commission and the Member States, moreover, to assess whether the money laundering directive (7) is hindering the remote provision of services and how such a situation might be remedied;

| 22. | Recognises the great importance of financial service intermediaries (agents and brokers), in providing financial services from other Member States to consumers and SMEs; calls on the Commission to ensure a framework that will strengthen that industrial sector; reiterates that any framework for that sector must follow the principle ‘same business, same risks, same rules’, while avoiding an ill-adapted ‘one-size-fits-all’ approach; stresses that any provision for intermediaries must ensure legal certainty for agents and brokers, as well as the protection of consumers, for example from dubious sales practices; emphasises, furthermore, that rules should also be established for the training of financial services intermediaries and advertising and sales consultancies; |
| --- | --- |

22.

Recognises the great importance of financial service intermediaries (agents and brokers), in providing financial services from other Member States to consumers and SMEs; calls on the Commission to ensure a framework that will strengthen that industrial sector; reiterates that any framework for that sector must follow the principle ‘same business, same risks, same rules’, while avoiding an ill-adapted ‘one-size-fits-all’ approach; stresses that any provision for intermediaries must ensure legal certainty for agents and brokers, as well as the protection of consumers, for example from dubious sales practices; emphasises, furthermore, that rules should also be established for the training of financial services intermediaries and advertising and sales consultancies;

| 23. | Recalls the importance of developing financial education as a complement to adequate consumer protection; calls on the Member States and all the stakeholders to take and coordinate measures to raise financial literacy among citizens — including children, young people, employees and retired people — with a view to empowering and educating consumers to seek better, cheaper and more appropriate products and services, enhance competition, quality and innovation within the industry, and build up financially literate consumer organisations able to counterbalance the role of business, in the process of preparing regulation; recalls that citizens who are confident investors can provide additional liquidity to capital markets; |
| --- | --- |

23.

Recalls the importance of developing financial education as a complement to adequate consumer protection; calls on the Member States and all the stakeholders to take and coordinate measures to raise financial literacy among citizens — including children, young people, employees and retired people — with a view to empowering and educating consumers to seek better, cheaper and more appropriate products and services, enhance competition, quality and innovation within the industry, and build up financially literate consumer organisations able to counterbalance the role of business, in the process of preparing regulation; recalls that citizens who are confident investors can provide additional liquidity to capital markets;

| 24. | Points out that differences in tax law constitute one of the greatest obstacles to the internal market for finance services; reminds the Member States of their great responsibility in this area; |
| --- | --- |

24.

Points out that differences in tax law constitute one of the greatest obstacles to the internal market for finance services; reminds the Member States of their great responsibility in this area;

| 25. | Drawing lessons from certain recent cases of turmoil in the retail banking sector, such as the cases involving Northern Rock, IKB, Sachsen LB and Société Générale, recognises that remuneration systems in banks should be reshaped on the basis of long-term objectives and guidelines by supervisory authorities in order to combat more efficiently the moral hazard phenomenon and strengthen the role of prudent risk management systems; |
| --- | --- |

25.

Drawing lessons from certain recent cases of turmoil in the retail banking sector, such as the cases involving Northern Rock, IKB, Sachsen LB and Société Générale, recognises that remuneration systems in banks should be reshaped on the basis of long-term objectives and guidelines by supervisory authorities in order to combat more efficiently the moral hazard phenomenon and strengthen the role of prudent risk management systems;

Banking

| 26. | Emphatically draws attention to the importance of enabling credit institutions and credit data agencies to have non-discriminatory cross-border access to credit data and fraud-data registers; encourages banks to use the information on credit data available, especially in order to facilitate client mobility, which would in turn encourage healthy competition; stresses, however, that, at the same time, optimal protection of consumer data must be guaranteed as well as consumers' right to inspect and, if necessary, correct their personal data; |
| --- | --- |

26.

Emphatically draws attention to the importance of enabling credit institutions and credit data agencies to have non-discriminatory cross-border access to credit data and fraud-data registers; encourages banks to use the information on credit data available, especially in order to facilitate client mobility, which would in turn encourage healthy competition; stresses, however, that, at the same time, optimal protection of consumer data must be guaranteed as well as consumers' right to inspect and, if necessary, correct their personal data;

| 27. | Urges the Commission to clarify the legal status and supervisory framework of non-banking consumer credit providers such as those that are accessible only through the Internet and/or by text message; |
| --- | --- |

27.

Urges the Commission to clarify the legal status and supervisory framework of non-banking consumer credit providers such as those that are accessible only through the Internet and/or by text message;

| 28. | Stresses the importance of reliable data for granting bank loans, which should be made available on the basis of fair, transparent criteria; |
| --- | --- |

28.

Stresses the importance of reliable data for granting bank loans, which should be made available on the basis of fair, transparent criteria;

Insurance

| 29. | Urges the Commission to support cooperation in the insurance industry on promoting market access; calls on the Commission to extend Regulation (EC) No 358/2003 beyond 2010; |
| --- | --- |

29.

Urges the Commission to support cooperation in the insurance industry on promoting market access; calls on the Commission to extend Regulation (EC) No 358/2003 beyond 2010;

| 30. | Considers that abolishing the requirement to appoint a fiscal representative when taking up activities in another Member State should take place only once the legal framework defining supervisory competences and responsibilities of cross-border operations is in place; |
| --- | --- |

30.

Considers that abolishing the requirement to appoint a fiscal representative when taking up activities in another Member State should take place only once the legal framework defining supervisory competences and responsibilities of cross-border operations is in place;

| 31. | Supports the Commission in its endeavours to scrutinise all national legally binding provisions of general interest for their compliance with Community law; |
| --- | --- |

31.

Supports the Commission in its endeavours to scrutinise all national legally binding provisions of general interest for their compliance with Community law;

| 32. | Calls on the Commission to resume its work on a statute for a European mutual society by initiating a feasibility study for that legislative project; |
| --- | --- |

32.

Calls on the Commission to resume its work on a statute for a European mutual society by initiating a feasibility study for that legislative project;

Enhancing consumer confidence and empowering consumers

| 33. | Emphasises that, while calling for Community law on retail financial services, always to aim for very high standards of consumer protection, all market operators — including consumers and investors — need to be fully aware of the basic financial market principle that any opportunity for a higher return is reflected by a higher risk, and that risk is an indispensable element of any functioning financial market; stresses, further, that a good compromise between a high level of consumer protection and flawlessly functioning internal market mechanisms should be sought; takes the view that the Commission should encourage national initiatives which impart an understanding of finance, in order to ensure an accurate grasp of the ‘risk-return’ principle and the specific characteristics of financial instruments; |
| --- | --- |

33.

Emphasises that, while calling for Community law on retail financial services, always to aim for very high standards of consumer protection, all market operators — including consumers and investors — need to be fully aware of the basic financial market principle that any opportunity for a higher return is reflected by a higher risk, and that risk is an indispensable element of any functioning financial market; stresses, further, that a good compromise between a high level of consumer protection and flawlessly functioning internal market mechanisms should be sought; takes the view that the Commission should encourage national initiatives which impart an understanding of finance, in order to ensure an accurate grasp of the ‘risk-return’ principle and the specific characteristics of financial instruments;

| 34. | Recognises that although retail financial demand today is primarily domestic, Internet and e-banking have become key instruments for consumers wishing to undertake cross-border retail financial activities; calls, therefore, upon all stakeholders to promote the development of such services, while ensuring, at the same time, the security of electronic correspondence, particularly in relation to consumers; |
| --- | --- |

34.

Recognises that although retail financial demand today is primarily domestic, Internet and e-banking have become key instruments for consumers wishing to undertake cross-border retail financial activities; calls, therefore, upon all stakeholders to promote the development of such services, while ensuring, at the same time, the security of electronic correspondence, particularly in relation to consumers;

| 35. | Stresses, however, that consumers who do not have access to these technologies or who find them difficult to use, for example because of their age, should not be forgotten; |
| --- | --- |

35.

Stresses, however, that consumers who do not have access to these technologies or who find them difficult to use, for example because of their age, should not be forgotten;

| 36. | Is of the opinion that the simplification of financial service regulations and the dismantling of barriers to customer mobility should not lead to lower standards of consumer protection in the Member States; |
| --- | --- |

36.

Is of the opinion that the simplification of financial service regulations and the dismantling of barriers to customer mobility should not lead to lower standards of consumer protection in the Member States;

| 37. | Recalls its resolution of 11 July 2007, in particular the recommendation contained therein for the creation of a European budget line to finance financial market expertise in consumer and SME organisations; |
| --- | --- |

37.

Recalls its resolution of 11 July 2007, in particular the recommendation contained therein for the creation of a European budget line to finance financial market expertise in consumer and SME organisations;

| 38. | Agrees that consumers who wish to change financial service provider must be free to do so at any time, subject only to minimum legal barriers and costs, and that contract clauses governing such a change of provider must be drafted in transparent, easily comprehensible language and be explicitly brought to the attention of consumers; |
| --- | --- |

38.

Agrees that consumers who wish to change financial service provider must be free to do so at any time, subject only to minimum legal barriers and costs, and that contract clauses governing such a change of provider must be drafted in transparent, easily comprehensible language and be explicitly brought to the attention of consumers;

| 39. | Supports the Commission's initiatives to raise the level of financial literacy and realises the need for information to do so, but, at the same time, recognises the tension between preventing information overload and providing consumers with sufficient information; favours quality over quantity; calls on the Commission, therefore, to invite consumer organisations to determine which information they deem to be essential to allow consumers to make appropriate choices; underlines that a clear distinction should be drawn between information and advice; |
| --- | --- |

39.

Supports the Commission's initiatives to raise the level of financial literacy and realises the need for information to do so, but, at the same time, recognises the tension between preventing information overload and providing consumers with sufficient information; favours quality over quantity; calls on the Commission, therefore, to invite consumer organisations to determine which information they deem to be essential to allow consumers to make appropriate choices; underlines that a clear distinction should be drawn between information and advice;

| 40. | Emphasises that consumers need confidence and proper knowledge to select the right financial product; emphasises, further, that coordinated efforts at national and European level are therefore needed to improve levels of financial literacy in all Member States; |
| --- | --- |

40.

Emphasises that consumers need confidence and proper knowledge to select the right financial product; emphasises, further, that coordinated efforts at national and European level are therefore needed to improve levels of financial literacy in all Member States;

| 41. | Requests that consumers should have access to out-of-court alternative dispute resolution (ADR) mechanisms to resolve disputes on retail financial services issues both at national and cross-border level; calls on the Commission to promote best-practices for ADR; |
| --- | --- |

41.

Requests that consumers should have access to out-of-court alternative dispute resolution (ADR) mechanisms to resolve disputes on retail financial services issues both at national and cross-border level; calls on the Commission to promote best-practices for ADR;

| 42. | Calls on Member States to promote consumer awareness and knowledge of the financial dispute resolution network of national out-of-court complaint schemes in the European Economic Area countries (FIN-NET); underlines that FIN-NET should play a key role in coordinating public information in all Member States on access to redress and ADR mechanisms, particularly in relation to cross-border financial services; |
| --- | --- |

42.

Calls on Member States to promote consumer awareness and knowledge of the financial dispute resolution network of national out-of-court complaint schemes in the European Economic Area countries (FIN-NET); underlines that FIN-NET should play a key role in coordinating public information in all Member States on access to redress and ADR mechanisms, particularly in relation to cross-border financial services;

| 43. | Recalls the fact that conventional court litigation will remain an important dispute resolution mechanism; calls on the Commission, therefore, to examine the effect on cross-border retail financial services of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (8); |
| --- | --- |

43.

Recalls the fact that conventional court litigation will remain an important dispute resolution mechanism; calls on the Commission, therefore, to examine the effect on cross-border retail financial services of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (8);

| 44. | Supports finding a coherent solution at European level which provides consumers with access to balanced new forms of collective redress for the settlement of cross-border complaints related to retail financial products; suggests evaluating the impact of systems recently established at national level; |
| --- | --- |

44.

Supports finding a coherent solution at European level which provides consumers with access to balanced new forms of collective redress for the settlement of cross-border complaints related to retail financial products; suggests evaluating the impact of systems recently established at national level;

| 45. | Stresses the need to ensure access to financial services for all interested parties; urges financial service providers, therefore, to offer at least a credit-based giro account to consumers expressing an interest; |
| --- | --- |

45.

Stresses the need to ensure access to financial services for all interested parties; urges financial service providers, therefore, to offer at least a credit-based giro account to consumers expressing an interest;

*

* *

| 46. | Instructs its President to forward this resolution to the Council, the Commission, the European Central Bank, the Committee of European Banking Supervisors, the Committee of European Insurance and Occupational Pensions Supervisors, and the Committee of European Securities Regulators. |
| --- | --- |

46.

Instructs its President to forward this resolution to the Council, the Commission, the European Central Bank, the Committee of European Banking Supervisors, the Committee of European Insurance and Occupational Pensions Supervisors, and the Committee of European Securities Regulators.

---

(1)  OJ L 53, 28.2.2003, p. 8.

(2)  Texts Adopted, P6_TA(2008)0011.

(3)  Texts Adopted, P6_TA(2007)0615.

(4)  Texts Adopted, P6_TA(2007)0338.

(5)  OJ C 303 E, 13.12.2006, p. 110.

(6)  OJ L 145, 30.4.2004, p. 1.

(7)  Directive 2005/60/EC of 26 October 2005 of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).

(8)  OJ L 12, 16.1.2001, p. 1.

---

| 26.11.2009 | EN | Official Journal of the European Union | CE 285/67 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/67

---

Thursday 5 June 2008Rheumatic diseases

P6_TA(2008)0262

Declaration of the European Parliament on rheumatic diseases

2009/C 285 E/11

The European Parliament,

having regard to Rule 116 of its Rules of Procedure,

| A. | whereas rheumatic diseases are chronic complaints which cause pain, suffering and disability, |
| --- | --- |

A.

whereas rheumatic diseases are chronic complaints which cause pain, suffering and disability,

| B. | whereas 30 % to 40 % of people have musculoskeletal symptoms, and whereas such symptoms affect over 100 million people in Europe, |
| --- | --- |

B.

whereas 30 % to 40 % of people have musculoskeletal symptoms, and whereas such symptoms affect over 100 million people in Europe,

| C. | whereas rheumatic diseases represent the main cause of disability and premature retirement among workers, |
| --- | --- |

C.

whereas rheumatic diseases represent the main cause of disability and premature retirement among workers,

| D. | whereas it is estimated that people over 65 will account for up to one-quarter of the European population by 2030, and whereas a majority of people over 70 present chronic or recurrent rheumatic symptoms, |
| --- | --- |

D.

whereas it is estimated that people over 65 will account for up to one-quarter of the European population by 2030, and whereas a majority of people over 70 present chronic or recurrent rheumatic symptoms,

| E. | whereas the adoption of social and health policies based on an analysis of the needs of those with rheumatic diseases would reduce the economic and social costs associated with such diseases (1 to 1,5 % of GNI in developed countries), |
| --- | --- |

E.

whereas the adoption of social and health policies based on an analysis of the needs of those with rheumatic diseases would reduce the economic and social costs associated with such diseases (1 to 1,5 % of GNI in developed countries),

| 1. | Calls on the Commission and the Council to:






  — | attach more importance to rheumatic diseases in the new Community strategy on health, given their high social and economic costs; |
| --- | --- | --- |

1.

Calls on the Commission and the Council to:

—

attach more importance to rheumatic diseases in the new Community strategy on health, given their high social and economic costs;

| — | encourage Member States to establish, and promote the implementation of, national plans to fight rheumatic diseases; |
| --- | --- |

—

encourage Member States to establish, and promote the implementation of, national plans to fight rheumatic diseases;

| — | develop a Community strategy on rheumatic diseases and draw up a Council recommendation on the early diagnosis and treatment of rheumatic diseases; |
| --- | --- |

—

develop a Community strategy on rheumatic diseases and draw up a Council recommendation on the early diagnosis and treatment of rheumatic diseases;

| — | develop a strategy to improve access to information and medical treatment; |
| --- | --- |

—

develop a strategy to improve access to information and medical treatment;

| 2. | Instructs its President to forward this declaration, together with the names of the signatories, to the Council, the Commission and the parliaments of the Member States.
  List of signatories
  Adamos Adamou, Vittorio Agnoletto, Gabriele Albertini, Alexander Alvaro, Jan Andersson, Georgs Andrejevs, Alfonso Andria, Laima Liucija Andrikienė, Emmanouil Angelakas, Roberta Angelilli, Kader Arif, Stavros Arnaoutakis, Francisco Assis, Robert Atkins, John Attard-Montalto, Jean-Pierre Audy, Margrete Auken, Inés Ayala Sender, Liam Aylward, Pilar Ayuso, Maria Badia i Cutchet, Enrique Barón Crespo, Katerina Batzeli, Edit Bauer, Zsolt László Becsey, Ivo Belet, Irena Belohorská, Monika Beňová, Sergio Berlato, Giovanni Berlinguer, Slavi Binev, Šarūnas Birutis, Jana Bobošíková, Herbert Bösch, Vito Bonsignore, Josep Borrell Fontelles, Victor Boștinaru, Costas Botopoulos, Bernadette Bourzai, John Bowis, Emine Bozkurt, Iles Braghetto, Frieda Brepoels, Elmar Brok, Danutė Budreikaitė, Udo Bullmann, Nicodim Bulzesc, Ieke van den Burg, Colm Burke, Philip Bushill-Matthews, Cristian Silviu Bușoi, Philippe Busquin, Jerzy Buzek, Milan Cabrnoch, Mogens Camre, Luis Manuel Capoulas Santos, Carlos Carnero González, David Casa, Paulo Casaca, Michael Cashman, Françoise Castex, Pilar del Castillo Vera, Giusto Catania, Alejandro Cercas, Giulietto Chiesa, Ole Christensen, Luigi Cocilovo, Carlos Coelho, Dorette Corbey, Giovanna Corda, Titus Corlățean, Thierry Cornillet, Jean Louis Cottigny, Jan Cremers, Corina Crețu, Gabriela Crețu, Brian Crowley, Magor Imre Csibi, Daniel Dăianu, Joseph Daul, Dragoș Florin David, Chris Davies, Antonio De Blasio, Bairbre de Brún, Arūnas Degutis, Véronique De Keyser, Panayiotis Demetriou, Gérard Deprez, Proinsias De Rossa, Marie-Hélène Descamps, Harlem Désir, Nirj Deva, Mia De Vits, Agustín Díaz de Mera García Consuegra, Jolanta Dičkutė, Koenraad Dillen, Giorgos Dimitrakopoulos, Alexandra Dobolyi, Brigitte Douay, Mojca Drčar Murko, Bárbara Dührkop Dührkop, Árpád Duka-Zólyomi, Constantin Dumitriu, Maria da Assunção Esteves, Edite Estrela, Harald Ettl, Jill Evans, Robert Evans, Göran Färm, Carlo Fatuzzo, Claudio Fava, Szabolcs Fazakas, Emanuel Jardim Fernandes, Fernando Fernández Martín, Anne Ferreira, Elisa Ferreira, Ilda Figueiredo, Věra Flasarová, Karl-Heinz Florenz, Alessandro Foglietta, Nicole Fontaine, Glyn Ford, Juan Fraile Cantón, Armando França, Monica Frassoni, Duarte Freitas, Ingo Friedrich, Sorin Frunzăverde, Milan Gaľa, Gerardo Galeote, Vicente Miguel Garcés Ramón, Iratxe García Pérez, Jean-Paul Gauzès, Evelyne Gebhardt, Bronisław Geremek, Lidia Joanna Geringer de Oedenberg, Roland Gewalt, Claire Gibault, Neena Gill, Robert Goebbels, Bogdan Golik, Bruno Gollnisch, Ana Maria Gomes, Donata Gottardi, Hélène Goudin, Genowefa Grabowska, Dariusz Maciej Grabowski, Vasco Graça Moura, Martí Grau i Segú, Louis Grech, Lissy Gröner, Elly de Groen-Kouwenhoven, Françoise Grossetête, Lilli Gruber, Pedro Guerreiro, Umberto Guidoni, Zita Gurmai, Cristina Gutiérrez-Cortines, Catherine Guy-Quint, David Hammerstein, Małgorzata Handzlik, Marian Harkin, Joel Hasse Ferreira, Gyula Hegyi, Jeanine Hennis-Plasschaert, Edit Herczog, Mary Honeyball, Richard Howitt, Alain Hutchinson, Iliana Malinova Iotova, Mikel Irujo Amezaga, Marie Anne Isler Béguin, Carlos José Iturgaiz Angulo, Lily Jacobs, Anneli Jäätteenmäki, Lívia Járóka, Rumiana Jeleva, Karin Jöns, Jelko Kacin, Filip Kaczmarek, Ioannis Kasoulides, Piia-Noora Kauppi, Tunne Kelam, Glenys Kinnock, Dieter-Lebrecht Koch, Eija-Riitta Korhola, Magda Kósáné Kovács, Miloš Koterec, Rodi Kratsa-Tsagaropoulou, Wolfgang Kreissl-Dörfler, Ģirts Valdis Kristovskis, Urszula Krupa, Wiesław Stefan Kuc, Helmut Kuhne, Sepp Kusstatscher, Stavros Lambrinidis, Vytautas Landsbergis, Romano Maria La Russa, Henrik Lax, Johannes Lebech, Roselyne Lefrançois, Lasse Lehtinen, Bogusław Liberadzki, Marie-Noëlle Lienemann, Kartika Tamara Liotard, Alain Lipietz, Pia Elda Locatelli, Antonio López-Istúriz White, Andrea Losco, Astrid Lulling, Elizabeth Lynne, Marusya Ivanova Lyubcheva, Jules Maaten, Linda McAvan, Mary Lou McDonald, Mairead McGuinness, Edward McMillan-Scott, Jamila Madeira, Toine Manders, Ramona Nicole Mănescu, Vladimír Maňka, Erika Mann, Diamanto Manolakou, Marian-Jean Marinescu, Sérgio Marques, David Martin, Jean-Claude Martinez, Miguel Ángel Martínez Martínez, Jan Tadeusz Masiel, Antonio Masip Hidalgo, Marios Matsakis, Maria Matsouka, Mario Mauro, Manolis Mavrommatis, Manuel Medina Ortega, Erik Meijer, Íñigo Méndez de Vigo, Emilio Menéndez del Valle, Willy Meyer Pleite, Rosa Miguélez Ramos, Marianne Mikko, Miroslav Mikolášik, Francisco José Millán Mon, Gay Mitchell, Nickolay Mladenov, Claude Moraes, Javier Moreno Sánchez, Eluned Morgan, Luisa Morgantini, Elisabeth Morin, Roberto Musacchio, Cristiana Muscardini, Joseph Muscat, Riitta Myller, Pasqualina Napoletano, Juan Andrés Naranjo Escobar, Robert Navarro, Cătălin-Ioan Nechifor, Catherine Neris, James Nicholson, Angelika Niebler, Raimon Obiols i Germà, Jan Olbrycht, Seán Ó Neachtain, Gérard Onesta, Dumitru Oprea, Josu Ortuondo Larrea, Siiri Oviir, Reino Paasilinna, Athanasios Pafilis, Justas Vincas Paleckis, Marie Panayotopoulos-Cassiotou, Marco Pannella, Pier Antonio Panzeri, Dimitrios Papadimoulis, Atanas Paparizov, Neil Parish, Ioan Mircea Pașcu, Aldo Patriciello, Béatrice Patrie, Vincent Peillon, Alojz Peterle, Tobias Pflüger, Willi Piecyk, Rihards Pīks, João de Deus Pinheiro, Józef Pinior, Gianni Pittella, Francisca Pleguezuelos Aguilar, Zita Pleštinská, Rovana Plumb, Anni Podimata, Zdzisław Zbigniew Podkański, Bernard Poignant, Adriana Poli Bortone, Mihaela Popa, Nicolae Vlad Popa, Miguel Portas, Bernd Posselt, Christa Prets, Pierre Pribetich, Vittorio Prodi, Luís Queiró, Bilyana Ilieva Raeva, Miloslav Ransdorf, Poul Nyrup Rasmussen, Vladimír Remek, Karin Resetarits, José Ribeiro e Castro, Teresa Riera Madurell, Frédérique Ries, Giovanni Rivera, Michel Rocard, Zuzana Roithová, Luca Romagnoli, Raül Romeva i Rueda, Dagmar Roth-Behrendt, Mechtild Rothe, Libor Rouček, Martine Roure, Leopold Józef Rutowicz, Eoin Ryan, Guido Sacconi, Tokia Saïfi, Aloyzas Sakalas, Katrin Saks, José Ignacio Salafranca Sánchez-Neyra, María Isabel Salinas García, Antolín Sánchez Presedo, Manuel António dos Santos, Jacek Saryusz-Wolski, Luciana Sbarbati, Christel Schaldemose, Pál Schmitt, Inger Segelström, Adrian Severin, José Albino Silva Peneda, Brian Simpson, Kathy Sinnott, Marek Siwiec, Peter Skinner, Nina Škottová, Csaba Sógor, Søren Bo Søndergaard, Bogusław Sonik, María Sornosa Martínez, Sérgio Sousa Pinto, Jean Spautz, Bart Staes, Grażyna Staniszewska, Dirk Sterckx, Catherine Stihler, Ulrich Stockmann, Theodor Dumitru Stolojan, Daniel Strož, Margie Sudre, László Surján, Eva-Britt Svensson, Hannes Swoboda, József Szájer, Konrad Szymański, Csaba Sándor Tabajdi, Antonio Tajani, Hannu Takkula, Charles Tannock, Andres Tarand, Salvatore Tatarella, Britta Thomsen, Silvia-Adriana Țicău, Gary Titley, Patrizia Toia, Ewa Tomaszewska, Witold Tomczak, Georgios Toussas, Antonios Trakatellis, Catherine Trautmann, Kyriacos Triantaphyllides, Evangelia Tzampazi, Vladimir Urutchev, Inese Vaidere, Johan Van Hecke, Anne Van Lancker, Daniel Varela Suanzes-Carpegna, Ioannis Varvitsiotis, Yannick Vaugrenard, Bernadette Vergnaud, Alejo Vidal-Quadras, Kristian Vigenin, Oldřich Vlasák, Dominique Vlasto, Sahra Wagenknecht, Graham Watson, Henri Weber, Renate Weber, Åsa Westlund, Anders Wijkman, Glenis Willmott, Iuliu Winkler, Bernard Wojciechowski, Janusz Wojciechowski, Corien Wortmann-Kool, Luis Yáñez-Barnuevo García, Anna Záborská, Mauro Zani, Andrzej Tomasz Zapałowski, Tatjana Ždanoka, Dushana Zdravkova, Gabriele Zimmer, Jaroslav Zvěřina, Tadeusz Zwiefka |
| --- | --- |

2.

Instructs its President to forward this declaration, together with the names of the signatories, to the Council, the Commission and the parliaments of the Member States.

List of signatories

Adamos Adamou, Vittorio Agnoletto, Gabriele Albertini, Alexander Alvaro, Jan Andersson, Georgs Andrejevs, Alfonso Andria, Laima Liucija Andrikienė, Emmanouil Angelakas, Roberta Angelilli, Kader Arif, Stavros Arnaoutakis, Francisco Assis, Robert Atkins, John Attard-Montalto, Jean-Pierre Audy, Margrete Auken, Inés Ayala Sender, Liam Aylward, Pilar Ayuso, Maria Badia i Cutchet, Enrique Barón Crespo, Katerina Batzeli, Edit Bauer, Zsolt László Becsey, Ivo Belet, Irena Belohorská, Monika Beňová, Sergio Berlato, Giovanni Berlinguer, Slavi Binev, Šarūnas Birutis, Jana Bobošíková, Herbert Bösch, Vito Bonsignore, Josep Borrell Fontelles, Victor Boștinaru, Costas Botopoulos, Bernadette Bourzai, John Bowis, Emine Bozkurt, Iles Braghetto, Frieda Brepoels, Elmar Brok, Danutė Budreikaitė, Udo Bullmann, Nicodim Bulzesc, Ieke van den Burg, Colm Burke, Philip Bushill-Matthews, Cristian Silviu Bușoi, Philippe Busquin, Jerzy Buzek, Milan Cabrnoch, Mogens Camre, Luis Manuel Capoulas Santos, Carlos Carnero González, David Casa, Paulo Casaca, Michael Cashman, Françoise Castex, Pilar del Castillo Vera, Giusto Catania, Alejandro Cercas, Giulietto Chiesa, Ole Christensen, Luigi Cocilovo, Carlos Coelho, Dorette Corbey, Giovanna Corda, Titus Corlățean, Thierry Cornillet, Jean Louis Cottigny, Jan Cremers, Corina Crețu, Gabriela Crețu, Brian Crowley, Magor Imre Csibi, Daniel Dăianu, Joseph Daul, Dragoș Florin David, Chris Davies, Antonio De Blasio, Bairbre de Brún, Arūnas Degutis, Véronique De Keyser, Panayiotis Demetriou, Gérard Deprez, Proinsias De Rossa, Marie-Hélène Descamps, Harlem Désir, Nirj Deva, Mia De Vits, Agustín Díaz de Mera García Consuegra, Jolanta Dičkutė, Koenraad Dillen, Giorgos Dimitrakopoulos, Alexandra Dobolyi, Brigitte Douay, Mojca Drčar Murko, Bárbara Dührkop Dührkop, Árpád Duka-Zólyomi, Constantin Dumitriu, Maria da Assunção Esteves, Edite Estrela, Harald Ettl, Jill Evans, Robert Evans, Göran Färm, Carlo Fatuzzo, Claudio Fava, Szabolcs Fazakas, Emanuel Jardim Fernandes, Fernando Fernández Martín, Anne Ferreira, Elisa Ferreira, Ilda Figueiredo, Věra Flasarová, Karl-Heinz Florenz, Alessandro Foglietta, Nicole Fontaine, Glyn Ford, Juan Fraile Cantón, Armando França, Monica Frassoni, Duarte Freitas, Ingo Friedrich, Sorin Frunzăverde, Milan Gaľa, Gerardo Galeote, Vicente Miguel Garcés Ramón, Iratxe García Pérez, Jean-Paul Gauzès, Evelyne Gebhardt, Bronisław Geremek, Lidia Joanna Geringer de Oedenberg, Roland Gewalt, Claire Gibault, Neena Gill, Robert Goebbels, Bogdan Golik, Bruno Gollnisch, Ana Maria Gomes, Donata Gottardi, Hélène Goudin, Genowefa Grabowska, Dariusz Maciej Grabowski, Vasco Graça Moura, Martí Grau i Segú, Louis Grech, Lissy Gröner, Elly de Groen-Kouwenhoven, Françoise Grossetête, Lilli Gruber, Pedro Guerreiro, Umberto Guidoni, Zita Gurmai, Cristina Gutiérrez-Cortines, Catherine Guy-Quint, David Hammerstein, Małgorzata Handzlik, Marian Harkin, Joel Hasse Ferreira, Gyula Hegyi, Jeanine Hennis-Plasschaert, Edit Herczog, Mary Honeyball, Richard Howitt, Alain Hutchinson, Iliana Malinova Iotova, Mikel Irujo Amezaga, Marie Anne Isler Béguin, Carlos José Iturgaiz Angulo, Lily Jacobs, Anneli Jäätteenmäki, Lívia Járóka, Rumiana Jeleva, Karin Jöns, Jelko Kacin, Filip Kaczmarek, Ioannis Kasoulides, Piia-Noora Kauppi, Tunne Kelam, Glenys Kinnock, Dieter-Lebrecht Koch, Eija-Riitta Korhola, Magda Kósáné Kovács, Miloš Koterec, Rodi Kratsa-Tsagaropoulou, Wolfgang Kreissl-Dörfler, Ģirts Valdis Kristovskis, Urszula Krupa, Wiesław Stefan Kuc, Helmut Kuhne, Sepp Kusstatscher, Stavros Lambrinidis, Vytautas Landsbergis, Romano Maria La Russa, Henrik Lax, Johannes Lebech, Roselyne Lefrançois, Lasse Lehtinen, Bogusław Liberadzki, Marie-Noëlle Lienemann, Kartika Tamara Liotard, Alain Lipietz, Pia Elda Locatelli, Antonio López-Istúriz White, Andrea Losco, Astrid Lulling, Elizabeth Lynne, Marusya Ivanova Lyubcheva, Jules Maaten, Linda McAvan, Mary Lou McDonald, Mairead McGuinness, Edward McMillan-Scott, Jamila Madeira, Toine Manders, Ramona Nicole Mănescu, Vladimír Maňka, Erika Mann, Diamanto Manolakou, Marian-Jean Marinescu, Sérgio Marques, David Martin, Jean-Claude Martinez, Miguel Ángel Martínez Martínez, Jan Tadeusz Masiel, Antonio Masip Hidalgo, Marios Matsakis, Maria Matsouka, Mario Mauro, Manolis Mavrommatis, Manuel Medina Ortega, Erik Meijer, Íñigo Méndez de Vigo, Emilio Menéndez del Valle, Willy Meyer Pleite, Rosa Miguélez Ramos, Marianne Mikko, Miroslav Mikolášik, Francisco José Millán Mon, Gay Mitchell, Nickolay Mladenov, Claude Moraes, Javier Moreno Sánchez, Eluned Morgan, Luisa Morgantini, Elisabeth Morin, Roberto Musacchio, Cristiana Muscardini, Joseph Muscat, Riitta Myller, Pasqualina Napoletano, Juan Andrés Naranjo Escobar, Robert Navarro, Cătălin-Ioan Nechifor, Catherine Neris, James Nicholson, Angelika Niebler, Raimon Obiols i Germà, Jan Olbrycht, Seán Ó Neachtain, Gérard Onesta, Dumitru Oprea, Josu Ortuondo Larrea, Siiri Oviir, Reino Paasilinna, Athanasios Pafilis, Justas Vincas Paleckis, Marie Panayotopoulos-Cassiotou, Marco Pannella, Pier Antonio Panzeri, Dimitrios Papadimoulis, Atanas Paparizov, Neil Parish, Ioan Mircea Pașcu, Aldo Patriciello, Béatrice Patrie, Vincent Peillon, Alojz Peterle, Tobias Pflüger, Willi Piecyk, Rihards Pīks, João de Deus Pinheiro, Józef Pinior, Gianni Pittella, Francisca Pleguezuelos Aguilar, Zita Pleštinská, Rovana Plumb, Anni Podimata, Zdzisław Zbigniew Podkański, Bernard Poignant, Adriana Poli Bortone, Mihaela Popa, Nicolae Vlad Popa, Miguel Portas, Bernd Posselt, Christa Prets, Pierre Pribetich, Vittorio Prodi, Luís Queiró, Bilyana Ilieva Raeva, Miloslav Ransdorf, Poul Nyrup Rasmussen, Vladimír Remek, Karin Resetarits, José Ribeiro e Castro, Teresa Riera Madurell, Frédérique Ries, Giovanni Rivera, Michel Rocard, Zuzana Roithová, Luca Romagnoli, Raül Romeva i Rueda, Dagmar Roth-Behrendt, Mechtild Rothe, Libor Rouček, Martine Roure, Leopold Józef Rutowicz, Eoin Ryan, Guido Sacconi, Tokia Saïfi, Aloyzas Sakalas, Katrin Saks, José Ignacio Salafranca Sánchez-Neyra, María Isabel Salinas García, Antolín Sánchez Presedo, Manuel António dos Santos, Jacek Saryusz-Wolski, Luciana Sbarbati, Christel Schaldemose, Pál Schmitt, Inger Segelström, Adrian Severin, José Albino Silva Peneda, Brian Simpson, Kathy Sinnott, Marek Siwiec, Peter Skinner, Nina Škottová, Csaba Sógor, Søren Bo Søndergaard, Bogusław Sonik, María Sornosa Martínez, Sérgio Sousa Pinto, Jean Spautz, Bart Staes, Grażyna Staniszewska, Dirk Sterckx, Catherine Stihler, Ulrich Stockmann, Theodor Dumitru Stolojan, Daniel Strož, Margie Sudre, László Surján, Eva-Britt Svensson, Hannes Swoboda, József Szájer, Konrad Szymański, Csaba Sándor Tabajdi, Antonio Tajani, Hannu Takkula, Charles Tannock, Andres Tarand, Salvatore Tatarella, Britta Thomsen, Silvia-Adriana Țicău, Gary Titley, Patrizia Toia, Ewa Tomaszewska, Witold Tomczak, Georgios Toussas, Antonios Trakatellis, Catherine Trautmann, Kyriacos Triantaphyllides, Evangelia Tzampazi, Vladimir Urutchev, Inese Vaidere, Johan Van Hecke, Anne Van Lancker, Daniel Varela Suanzes-Carpegna, Ioannis Varvitsiotis, Yannick Vaugrenard, Bernadette Vergnaud, Alejo Vidal-Quadras, Kristian Vigenin, Oldřich Vlasák, Dominique Vlasto, Sahra Wagenknecht, Graham Watson, Henri Weber, Renate Weber, Åsa Westlund, Anders Wijkman, Glenis Willmott, Iuliu Winkler, Bernard Wojciechowski, Janusz Wojciechowski, Corien Wortmann-Kool, Luis Yáñez-Barnuevo García, Anna Záborská, Mauro Zani, Andrzej Tomasz Zapałowski, Tatjana Ždanoka, Dushana Zdravkova, Gabriele Zimmer, Jaroslav Zvěřina, Tadeusz Zwiefka

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European Parliament

Thursday 5 June 2008

| 26.11.2009 | EN | Official Journal of the European Union | CE 285/69 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/69

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Thursday 5 June 2008Specific measures for agriculture in favour of the smaller Aegean islands *

P6_TA(2008)0241

European Parliament legislative resolution of 5 June 2008 on the proposal for a Council regulation amending Regulation (EC) No 1405/2006 laying down specific measures for agriculture in favour of the smaller Aegean islands and amending Regulation (EC) No 1782/2003 (COM(2008)0168 — C6-0175/2008 — 2008/0065(CNS))

2009/C 285 E/12

(Consultation procedure)

The European Parliament,

having regard to the Commission proposal to the Council (COM(2008)0168),

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0175/2008),

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 (A6-0170/2008),

| 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.

---

| 26.11.2009 | EN | Official Journal of the European Union | CE 285/70 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/70

---

Thursday 5 June 2008Draft amending budget No 3/2008

P6_TA(2008)0242

European Parliament resolution of 5 June 2008 on Draft amending budget No 3/2008 of the European Union for the financial year 2008, Section III — Commission and Section VI — European Economic and Social Committee (9903/2008 — C6-0206/2008 — 2008/2095(BUD))

2009/C 285 E/13

The European Parliament,

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 thereof,

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 Preliminary draft amending budget No 3/2008 of the European Union for the financial year 2008, which the Commission presented on 14 April 2008 (COM(2008)0201),

having regard to Draft amending budget No 3/2008, which the Council established on 26 May 2008 (9903/2008 — C6-0206/2008),

having regard to Rule 69 of and Annex IV to its Rules of Procedure,

having regard to the report of the Committee on Budgets (A6-0204/2008),

| A. | whereas Draft amending budget No 3 to the general budget 2008 covers the following items:






  — | the budgeting of the revenue accruing from the Microsoft case (fine and interest totalling EUR 849 200 000), |
| --- | --- | --- |

A.

whereas Draft amending budget No 3 to the general budget 2008 covers the following items:

—

the budgeting of the revenue accruing from the Microsoft case (fine and interest totalling EUR 849 200 000),

| — | the budgeting of savings arising from the smaller than estimated increase for salaries and pensions of officials in 2007, |
| --- | --- |

—

the budgeting of savings arising from the smaller than estimated increase for salaries and pensions of officials in 2007,

| — | reinforcement of the emergency fund for veterinary measures due to the bluetongue crisis by EUR 130 000 000 in commitment appropriations, and EUR 63 950 000 in payment appropriations, |
| --- | --- |

—

reinforcement of the emergency fund for veterinary measures due to the bluetongue crisis by EUR 130 000 000 in commitment appropriations, and EUR 63 950 000 in payment appropriations,

| — | the creation of budgetary items to accommodate subsidies for four Joint Undertakings: Innovative Medicines Initiative (IMI), Clean Sky, ARTEMIS (Joint Technology Initiative in Embedded Computing Systems) and ENIAC (European Technology Platform on Nanoelectronics), |
| --- | --- |

—

the creation of budgetary items to accommodate subsidies for four Joint Undertakings: Innovative Medicines Initiative (IMI), Clean Sky, ARTEMIS (Joint Technology Initiative in Embedded Computing Systems) and ENIAC (European Technology Platform on Nanoelectronics),

| — | mobilisation of the EU Solidarity Fund for an amount of EUR 98 000 000 in commitment and payment appropriations relating to forest fires in Greece in August 2007 and floods in Slovenia in September 2007, |
| --- | --- |

—

mobilisation of the EU Solidarity Fund for an amount of EUR 98 000 000 in commitment and payment appropriations relating to forest fires in Greece in August 2007 and floods in Slovenia in September 2007,

| — | modifications to the establishment plan of the European Institute for Gender Equality, i.e. upgrading of an AD 13 to AD 14, |
| --- | --- |

—

modifications to the establishment plan of the European Institute for Gender Equality, i.e. upgrading of an AD 13 to AD 14,

| — | modifications to the establishment plan of the European Economic and Social Committee, |
| --- | --- |

—

modifications to the establishment plan of the European Economic and Social Committee,

| B. | whereas the purpose of Draft amending budget No 3/2008 is to formally enter these budgetary adjustments in the 2008 budget, |
| --- | --- |

B.

whereas the purpose of Draft amending budget No 3/2008 is to formally enter these budgetary adjustments in the 2008 budget,

| C. | whereas the Council included in Draft amending budget No 3/2008 the savings made on salaries and pensions and the funding of the so-called Microsoft monitoring mechanism, |
| --- | --- |

C.

whereas the Council included in Draft amending budget No 3/2008 the savings made on salaries and pensions and the funding of the so-called Microsoft monitoring mechanism,

| 1. | Recalls that the appropriations for Joint Undertakings are paid from the operational budget of the programme concerned; |
| --- | --- |

1.

Recalls that the appropriations for Joint Undertakings are paid from the operational budget of the programme concerned;

| 2. | Points out that the Microsoft monitoring mechanism is exclusively financed by the savings in salaries and pensions in Heading 5; |
| --- | --- |

2.

Points out that the Microsoft monitoring mechanism is exclusively financed by the savings in salaries and pensions in Heading 5;

| 3. | Regrets that the Council unexpectedly reduced budget line 26 02 01, thus introducing a new element, without any discussion with Parliament; expects these savings to be used to fund the priorities of Parliament in Heading 1a; |
| --- | --- |

3.

Regrets that the Council unexpectedly reduced budget line 26 02 01, thus introducing a new element, without any discussion with Parliament; expects these savings to be used to fund the priorities of Parliament in Heading 1a;

| 4. | Asks the Commission to avoid including the funding linked to instruments such the EU Solidarity Fund or the European Globalisation Adjustment Fund in draft amending budgets together with other issues in future in order to avoid any delay in the decision and delivery; |
| --- | --- |

4.

Asks the Commission to avoid including the funding linked to instruments such the EU Solidarity Fund or the European Globalisation Adjustment Fund in draft amending budgets together with other issues in future in order to avoid any delay in the decision and delivery;

| 5. | Adopts Draft amending budget No 3/2008 unamended; |
| --- | --- |

5.

Adopts Draft amending budget No 3/2008 unamended;

| 6. | Instructs its President to forward this resolution to the Council and Commission. |
| --- | --- |

6.

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 last amended by Decision 2008/371/EC of the European Parliament and of the Council (OJ L 128, 16.5.2008, p. 8).

---

| 26.11.2009 | EN | Official Journal of the European Union | CE 285/71 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/71

---

Thursday 5 June 2008Draft amending budget No 4/2008

P6_TA(2008)0243

European Parliament resolution of 5 June 2008 on draft amending budget No 4/2008 of the European Union for the financial year 2008, Section III — Commission (9904/2008 — C6-0207/2008 — 2008/2094(BUD))

2009/C 285 E/14

The European Parliament,

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 Article 15(3) and Articles 37 and 38 thereof,

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 Preliminary draft amending budget No 4/2008 of the European Union for the financial year 2008, which the Commission presented on 15 April 2008 (COM(2008)0203),

having regard to Draft amending budget No 4/2008, which the Council established on 26 May 2008 (9904/2008 — C6-0207/2008),

having regard to Rule 69 of and Annex IV to its Rules of Procedure,

having regard to the report of the Committee on Budgets (A6-0203/2008),

| A. | whereas Draft amending budget No 4 to the general budget 2008 aims to enter in the 2008 budget the surplus of the 2007 financial year, amounting to EUR 1 528 833 290, |
| --- | --- |

A.

whereas Draft amending budget No 4 to the general budget 2008 aims to enter in the 2008 budget the surplus of the 2007 financial year, amounting to EUR 1 528 833 290,

| B. | whereas the main elements of this surplus are an over-registering in revenue of EUR 72 957 868,80 and an under-spending in expenditure of EUR 1 579 386 212,59, and a negative balance of monetary exchange of -EUR 123 510 791,35, |
| --- | --- |

B.

whereas the main elements of this surplus are an over-registering in revenue of EUR 72 957 868,80 and an under-spending in expenditure of EUR 1 579 386 212,59, and a negative balance of monetary exchange of -EUR 123 510 791,35,

| C. | whereas the under-spending of payment appropriations, compared to the years before, has further decreased, |
| --- | --- |

C.

whereas the under-spending of payment appropriations, compared to the years before, has further decreased,

| D. | whereas for Heading 1, the under-spending of payment appropriations in 2007 (4) amounted to EUR 648 million, for Heading 2 to EUR 361 million, for Heading 3 to EUR 241 million, for Heading 4 to EUR 362 million and for Heading 5 to EUR 903 million, |
| --- | --- |

D.

whereas for Heading 1, the under-spending of payment appropriations in 2007 (4) amounted to EUR 648 million, for Heading 2 to EUR 361 million, for Heading 3 to EUR 241 million, for Heading 4 to EUR 362 million and for Heading 5 to EUR 903 million,

| 1. | Takes note of Preliminary draft amending budget No 4/2008 devoted solely to the presentation of the accounts for the 2007 financial year; |
| --- | --- |

1.

Takes note of Preliminary draft amending budget No 4/2008 devoted solely to the presentation of the accounts for the 2007 financial year;

| 2. | Adopts Draft amending budget No 4/2008 unamended; |
| --- | --- |

2.

Adopts Draft amending budget No 4/2008 unamended;

| 3. | Instructs its President to forward this resolution to the Council and Commission. |
| --- | --- |

3.

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 last amended by Decision 2008/371/EC of the European Parliament and of the Council (OJ L 128, 16.5.2008, p. 8).

(4)  Based on the difference between payment appropriations and expenditure for the financial year 2007, not including amounts of revenue and expenditure implementation and carry-over from assigned revenue.

---

| 26.11.2009 | EN | Official Journal of the European Union | CE 285/72 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/72

---

Thursday 5 June 2008Contact-point network against corruption *

P6_TA(2008)0244

European Parliament legislative resolution of 5 June 2008 on the initiative of the Federal Republic of Germany with a view to the adoption of a Council Decision on a contact-point network against corruption (11231/2007 — C6-0240/2007 — 2007/0809(CNS))

2009/C 285 E/15

(Consultation procedure)

The European Parliament,

having regard to the initiative of the Federal Republic of Germany (11231/2007),

having regard to Article 34(2)(c) of the EU Treaty,

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0240/2007),

having regard to Rules 93 and 51 of its Rules of Procedure,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0174/2008),

| 1. | Approves the initiative of the Federal Republic of Germany as amended; |
| --- | --- |

1.

Approves the initiative of the Federal Republic of Germany as amended;

| 2. | Calls on the Council to amend the text accordingly; |
| --- | --- |

2.

Calls on the Council to amend the text accordingly;

| 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. | Calls on the Council to consult Parliament again if it intends to amend the initiative of the Federal Republic of Germany substantially; |
| --- | --- |

4.

Calls on the Council to consult Parliament again if it intends to amend the initiative of the Federal Republic of Germany substantially;

| 5. | Instructs its President to forward its position to the Council and the Commission, and the government of the Federal Republic of Germany. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and the Commission, and the government of the Federal Republic of Germany.

| TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Article 1 |
| In order to improve cooperation between authorities and agencies to prevent and combat corruption in Europe a network of contact points of the Member States of the European Union shall be set up (hereinafter referred to as the‘network’). The European Commission, Europol and Eurojust shall be fully associated with the activities of the Network. | In order to improve cooperation between authorities and agencies to prevent and combat corruption in Europe a network of contact points of the Member States shall be set up (hereinafter referred to as the ‘network’). The Commission, and in particular OLAF, Europol and Eurojust shall be fully associated with the activities of the network. |
| Amendment 2 |
| Article 2 |
| The network shall consist of authorities and agencies of the Member States of the European Union charged with preventing or combating corruption. The members shall be designated by the Member States. The Member States shall each designate at least one, but not more than three organisations. The European Commission shall designate its representatives. Within their respective competencies, Europol and Eurojust
  may
  participate in the activities of the Network. | The network shall consist of authorities and agencies of the Member States charged with preventing or combating corruption. The members shall be designated by the Member States. The Member States shall each designate at least one, but not more than three organisations. The Commission, with the participation of OLAF, shall designate its representatives. Within their respective competencies,
  OLAF, Europol and Eurojust
  shall
  participate in the activities of the network. |
| Amendment 3 |
| Article 3, paragraph 1, point 1a (new) |
| | (1a) | it shall provide the Commission and the European Parliament on a yearly basis with a report on its findings under point (1), including, where appropriate, concrete proposals on the prevention and combating of corruption; |

TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY

AMENDMENTS BY PARLIAMENT

Amendment 1

Article 1

In order to improve cooperation between authorities and agencies to prevent and combat corruption in Europe a network of contact points of the Member States of the European Union shall be set up (hereinafter referred to as the‘network’). The European Commission, Europol and Eurojust shall be fully associated with the activities of the Network.

In order to improve cooperation between authorities and agencies to prevent and combat corruption in Europe a network of contact points of the Member States shall be set up (hereinafter referred to as the ‘network’). The Commission, and in particular OLAF, Europol and Eurojust shall be fully associated with the activities of the network.

Amendment 2

Article 2

The network shall consist of authorities and agencies of the Member States of the European Union charged with preventing or combating corruption. The members shall be designated by the Member States. The Member States shall each designate at least one, but not more than three organisations. The European Commission shall designate its representatives. Within their respective competencies, Europol and Eurojust
  may
  participate in the activities of the Network.

The network shall consist of authorities and agencies of the Member States charged with preventing or combating corruption. The members shall be designated by the Member States. The Member States shall each designate at least one, but not more than three organisations. The Commission, with the participation of OLAF, shall designate its representatives. Within their respective competencies,
  OLAF, Europol and Eurojust
  shall
  participate in the activities of the network.

Amendment 3

Article 3, paragraph 1, point 1a (new)

(1a)

Amendment 4

Article 3, paragraph 2

2.   The members of the network shall, for the accomplishment of their tasks, meet
  as often as necessary, but
  at least once a year.

2.   The members of the network shall, for the accomplishment of their tasks, meet at least once a year.

Amendment 5

Article 5, paragraph 1

1.   The network shall organise itself,
  building
  upon existing informal collaboration between the EPAC.

1.   The network shall organise itself
  so as to be chaired by the relevant Council Presidency, and build
  on existing informal collaboration between the EPAC.

Amendment 6

Article 5, paragraph 2

2.   The
  Member States and the

  European Commission shall bear all expenses of
  the members or
  representatives
  designated by them
  . The same rule shall apply to Europol and Eurojust.

2.   The Commission shall bear all expenses of
  its
  representatives
  as well as the expenses of the members designated by the Member States
  . The same rule shall apply to Europol and Eurojust.

---

| 26.11.2009 | EN | Official Journal of the European Union | CE 285/74 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/74

---

Thursday 5 June 2008Community system against illegal, unreported and unregulated fishing *

P6_TA(2008)0245

European Parliament legislative resolution of 5 June 2008 on the proposal for a Council regulation establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (COM(2007)0602 — C6-0454/2007 — 2007/0223(CNS))

2009/C 285 E/16

(Consultation procedure)

The European Parliament,

having regard to the Commission proposal to the Council (COM(2007)0602),

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0454/2007),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Fisheries and the opinion of the Committee on International Trade (A6-0193/2008),

| 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.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS |
| --- | --- |
| Amendment 1 |
| Proposal for a regulation


  Recital 2a (new) |
| | (2a) | In order to be compatible with World Trade Organization rules on non-discrimination and national treatment, nothing in this Regulation should result in discriminatory treatment with respect to measures taken to combat illegal, unreported and unregulated (IUU) fishing. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS

Amendment 1

Proposal for a regulation

Recital 2a (new)

(2a)

Amendment 2

Proposal for a regulation

Recital 3a (new)

| (3a) | The outermost regions of the European Union, described in Article 299 of the Treaty establishing the European Community and in Article 349 of the Treaty on the Functioning of the European Union, require particular attention in the fight against IUU fishing owing to the exceptional fragility of their ecosystems. |
| --- | --- |

(3a)

Amendment 3

Proposal for a regulation

Recital 5

| (5) | In accordance with the International Plan of Action to prevent, deter and eliminate illegal, unreported and unregulated fishing, adopted in 2001 by the Food and Agriculture Organisation (FAO), IUU fishing means fishing activities considered as illegal, unreported or unregulated,
  where:










  1. | Illegal fishing refers to activities:








  — | conducted by national or foreign vessels in waters under the jurisdiction of a state, without the permission of that state, or in contravention of its laws and regulations; |
| --- | --- | --- | --- |

(5)

In accordance with the International Plan of Action to prevent, deter and eliminate illegal, unreported and unregulated fishing, adopted in 2001 by the Food and Agriculture Organisation (FAO), IUU fishing means fishing activities considered as illegal, unreported or unregulated,
  where:

1.

Illegal fishing refers to activities:

—

conducted by national or foreign vessels in waters under the jurisdiction of a state, without the permission of that state, or in contravention of its laws and regulations;

| — | conducted by vessels flying the flag of states that are parties to a relevant regional fisheries management organization but operate in contravention of the conservation and management measures adopted by that organization and by which the states are bound, or relevant provisions of the applicable international law; or |
| --- | --- |

—

conducted by vessels flying the flag of states that are parties to a relevant regional fisheries management organization but operate in contravention of the conservation and management measures adopted by that organization and by which the states are bound, or relevant provisions of the applicable international law; or

| — | in violation of national laws or international obligations, including those undertaken by cooperating states to a relevant regional fisheries management organization. |
| --- | --- |

—

in violation of national laws or international obligations, including those undertaken by cooperating states to a relevant regional fisheries management organization.

| 2. | Unreported fishing refers to fishing activities:








  — | which have not been reported, or have been misreported, to the relevant national authority, in contravention of national laws and regulations; or |
| --- | --- | --- |

2.

Unreported fishing refers to fishing activities:

—

which have not been reported, or have been misreported, to the relevant national authority, in contravention of national laws and regulations; or

| — | undertaken in the area of competence of a relevant regional fisheries management organization which have not been reported or have been misreported, in contravention of the reporting procedures of that organization. |
| --- | --- |

—

undertaken in the area of competence of a relevant regional fisheries management organization which have not been reported or have been misreported, in contravention of the reporting procedures of that organization.

| 3. | Unregulated fishing refers to fishing activities:








  — | in the area of application of a relevant regional fisheries management organization that are conducted by vessels without nationality, or by those flying the flag of a state not party to that organization, or by a fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organization; or |
| --- | --- | --- |

3.

Unregulated fishing refers to fishing activities:

—

in the area of application of a relevant regional fisheries management organization that are conducted by vessels without nationality, or by those flying the flag of a state not party to that organization, or by a fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organization; or

| — | in areas or for fish stocks in relation to which there are no applicable conservation or management measures and where such fishing activities are conducted in a manner inconsistent with state responsibilities for the conservation of living marine resources under international law. |
| --- | --- |

—

in areas or for fish stocks in relation to which there are no applicable conservation or management measures and where such fishing activities are conducted in a manner inconsistent with state responsibilities for the conservation of living marine resources under international law.

| (5) | In accordance with the International Plan of Action to prevent, deter and eliminate illegal, unreported and unregulated fishing, adopted in 2001 by the Food and Agriculture Organization (FAO), IUU fishing means fishing activities considered as illegal, unreported or unregulated. |
| --- | --- |

(5)

In accordance with the International Plan of Action to prevent, deter and eliminate illegal, unreported and unregulated fishing, adopted in 2001 by the Food and Agriculture Organization (FAO), IUU fishing means fishing activities considered as illegal, unreported or unregulated.

Amendment 4

Proposal for a regulation

Recital 13

| (13) | The importation into the Community of fisheries products stemming from IUU fishing shall be prohibited; in order to make this prohibition effective and ensure that all imported products have been harvested in compliance with international conservation and management measures and, where appropriate, other relevant rules applying to the fishing vessel concerned, a certification scheme applying to all imports of fisheries products into the Community shall be put in place. |
| --- | --- |

(13)

The importation into the Community of fisheries products stemming from IUU fishing shall be prohibited; in order to make this prohibition effective and ensure that all imported products have been harvested in compliance with international conservation and management measures and, where appropriate, other relevant rules applying to the fishing vessel concerned, a certification scheme applying to all imports of fisheries products into the Community shall be put in place.

| (13) | The importation into the Community of fisheries products stemming from IUU fishing shall be prohibited; in order to make this prohibition effective,
  ensure traceability
  and ensure that all imported products have been harvested in compliance with international conservation and management measures and, where appropriate, other relevant rules applying to the fishing vessel concerned, a certification scheme applying to all imports of fisheries products into the Community shall be put in place. |
| --- | --- |

(13)

The importation into the Community of fisheries products stemming from IUU fishing shall be prohibited; in order to make this prohibition effective,
  ensure traceability
  and ensure that all imported products have been harvested in compliance with international conservation and management measures and, where appropriate, other relevant rules applying to the fishing vessel concerned, a certification scheme applying to all imports of fisheries products into the Community shall be put in place.

Amendment 5

Proposal for a regulation

Recital 14

| (14) | The Community shall take into account the capacity constraints of developing countries in the implementation of the certification scheme. |
| --- | --- |

(14)

The Community shall take into account the capacity constraints of developing countries in the implementation of the certification scheme.

| (14) | The Community shall take into account
  all
  the capacity constraints of developing countries in the implementation of the certification scheme
  and shall help them to avoid potential non-tariff barriers to trade
  . |
| --- | --- |

(14)

The Community shall take into account
  all
  the capacity constraints of developing countries in the implementation of the certification scheme
  and shall help them to avoid potential non-tariff barriers to trade
  .

Amendment 6

Proposal for a regulation

Recital 14a (new)

| (14a) | Aid could be made available, inter alia, in the form of financial aid and technical assistance as well as training programmes. |
| --- | --- |

(14a)

Amendment 7

Proposal for a regulation

Recital 34

| (34) | Cooperation between Member States, the Commission, and with third states is essential to ensure that IUU fishing is properly investigated and that the measures laid down in the present Regulation can be applied; a system for mutual assistance shall be established to enhance such cooperation. |
| --- | --- |

(34)

Cooperation between Member States, the Commission, and with third states is essential to ensure that IUU fishing is properly investigated and that the measures laid down in the present Regulation can be applied; a system for mutual assistance shall be established to enhance such cooperation.

| (34) | Cooperation,
  coordination and the exchange of good practices
  between Member States, the Commission, and with third states is essential to ensure that IUU fishing is properly investigated and that the measures laid down in the present Regulation can be applied; a system for mutual assistance shall be established to enhance such cooperation. |
| --- | --- |

(34)

Cooperation,
  coordination and the exchange of good practices
  between Member States, the Commission, and with third states is essential to ensure that IUU fishing is properly investigated and that the measures laid down in the present Regulation can be applied; a system for mutual assistance shall be established to enhance such cooperation.

Amendment 8

Proposal for a regulation

Recital 37

| (37) | This regulation identifies IUU fishing as violations of applicable laws, rules or regulations of particular gravity, as they seriously undermine the attainment of the objectives of the violated rules and put the sustainability of the stocks concerned
  or
  the conservation of the marine environment in jeopardy. Given its restricted scope, the implementation of this Regulation must rely on, and be complementary to, that of Council Regulation (EEC) No 2847/93, which establishes the basic framework for the control and monitoring of fishing activities under the Common Fisheries Policy. Accordingly, this Regulation reinforces the rules of Regulation (EEC) No 2847/93 in the area of port inspections of third country vessels (Article 28e, 28f and 28g), which are now abrogated and replaced by the port inspection regime established in Chapter II of this Regulation. In addition, this Regulation provides for a regime of sanctions in Chapter X that applies specifically to IUU fishing activities. The provisions of Regulation (EEC) No 2847/93 relating to sanctions (Article 31) remain thus applicable to violations of the rules of the Common Fisheries Policy other than those addressed by this Regulation. |
| --- | --- |

(37)

This regulation identifies IUU fishing as violations of applicable laws, rules or regulations of particular gravity, as they seriously undermine the attainment of the objectives of the violated rules and put the sustainability of the stocks concerned
  or
  the conservation of the marine environment in jeopardy. Given its restricted scope, the implementation of this Regulation must rely on, and be complementary to, that of Council Regulation (EEC) No 2847/93, which establishes the basic framework for the control and monitoring of fishing activities under the Common Fisheries Policy. Accordingly, this Regulation reinforces the rules of Regulation (EEC) No 2847/93 in the area of port inspections of third country vessels (Article 28e, 28f and 28g), which are now abrogated and replaced by the port inspection regime established in Chapter II of this Regulation. In addition, this Regulation provides for a regime of sanctions in Chapter X that applies specifically to IUU fishing activities. The provisions of Regulation (EEC) No 2847/93 relating to sanctions (Article 31) remain thus applicable to violations of the rules of the Common Fisheries Policy other than those addressed by this Regulation.

| (37) | This regulation identifies IUU fishing as violations of applicable laws, rules or regulations of particular gravity, as they seriously undermine the attainment of the objectives of the violated rules and put
  the survival of fishermen operating legally
  , the sustainability
  of the sector and
  of the stocks concerned
  and
  the conservation of the marine environment in jeopardy. Given its restricted scope, the implementation of this Regulation must rely on, and be complementary to, that of Council Regulation (EEC) No 2847/93, which establishes the basic framework for the control and monitoring of fishing activities under the Common Fisheries Policy. Accordingly, this Regulation reinforces the rules of Regulation (EEC) No 2847/93 in the area of port inspections of third country vessels (Article 28e, 28f and 28g), which are now abrogated and replaced by the port inspection regime established in Chapter II of this Regulation. In addition, this Regulation provides for a regime of sanctions in Chapter X that applies specifically to IUU fishing activities. The provisions of Regulation (EEC) No 2847/93 relating to sanctions (Article 31) remain thus applicable to violations of the rules of the Common Fisheries Policy other than those addressed by this Regulation. |
| --- | --- |

(37)

This regulation identifies IUU fishing as violations of applicable laws, rules or regulations of particular gravity, as they seriously undermine the attainment of the objectives of the violated rules and put
  the survival of fishermen operating legally
  , the sustainability
  of the sector and
  of the stocks concerned
  and
  the conservation of the marine environment in jeopardy. Given its restricted scope, the implementation of this Regulation must rely on, and be complementary to, that of Council Regulation (EEC) No 2847/93, which establishes the basic framework for the control and monitoring of fishing activities under the Common Fisheries Policy. Accordingly, this Regulation reinforces the rules of Regulation (EEC) No 2847/93 in the area of port inspections of third country vessels (Article 28e, 28f and 28g), which are now abrogated and replaced by the port inspection regime established in Chapter II of this Regulation. In addition, this Regulation provides for a regime of sanctions in Chapter X that applies specifically to IUU fishing activities. The provisions of Regulation (EEC) No 2847/93 relating to sanctions (Article 31) remain thus applicable to violations of the rules of the Common Fisheries Policy other than those addressed by this Regulation.

Amendment 9

Proposal for a regulation

Article 1, paragraph 2

| 2. | To this end, each Member State shall take appropriate measures, in accordance with Community law, to ensure the effectiveness of the system. It shall place sufficient means at the disposal of its competent authorities to enable them to perform their tasks as laid down in this Regulation. |
| --- | --- |

2.

To this end, each Member State shall take appropriate measures, in accordance with Community law, to ensure the effectiveness of the system. It shall place sufficient means at the disposal of its competent authorities to enable them to perform their tasks as laid down in this Regulation.

| 2. | To this end, each Member State shall take appropriate measures, in accordance with Community law
  and both multilateral and bilateral international obligations
  , to ensure the effectiveness of the system. It shall place sufficient means at the disposal of its competent authorities to enable them to perform their tasks as laid down in this Regulation. |
| --- | --- |

2.

To this end, each Member State shall take appropriate measures, in accordance with Community law
  and both multilateral and bilateral international obligations
  , to ensure the effectiveness of the system. It shall place sufficient means at the disposal of its competent authorities to enable them to perform their tasks as laid down in this Regulation.

Amendment 10

Proposal for a regulation

Article 2 — point –a (new)

| –a) | IUU fishing means illegal, unreported or unregulated fishing, where:









  1. | Illegal fishing refers to activities:








  — | conducted by national or foreign vessels in waters under the jurisdiction of a State, without the permission of that State, or in contravention of its laws and regulations; |
| --- | --- | --- | --- |

–a)

1.

Illegal fishing refers to activities:

—

conducted by national or foreign vessels in waters under the jurisdiction of a State, without the permission of that State, or in contravention of its laws and regulations;

| — | conducted by vessels flying the flag of States that are parties to a relevant regional fisheries management organisation (RFMO) but operate in contravention of the conservation and management measures adopted by that organisation and by which the States are bound, or relevant provisions of the applicable international law; or |
| --- | --- |

—

conducted by vessels flying the flag of States that are parties to a relevant regional fisheries management organisation (RFMO) but operate in contravention of the conservation and management measures adopted by that organisation and by which the States are bound, or relevant provisions of the applicable international law; or

| — | in violation of national laws or international obligations, including those undertaken by cooperating States to a relevant RFMO. |
| --- | --- |

—

in violation of national laws or international obligations, including those undertaken by cooperating States to a relevant RFMO.

| 2. | Unreported fishing refers to fishing activities:








  — | which have not been reported, or have been misreported, to the relevant national authority, in contravention of national laws and regulations; or |
| --- | --- | --- |

2.

Unreported fishing refers to fishing activities:

—

which have not been reported, or have been misreported, to the relevant national authority, in contravention of national laws and regulations; or

| — | undertaken in the area of competence of a relevant RFMO which have not been reported or have been misreported, in contravention of the reporting procedures of that organisation. |
| --- | --- |

—

undertaken in the area of competence of a relevant RFMO which have not been reported or have been misreported, in contravention of the reporting procedures of that organisation.

| 3. | Unregulated fishing refers to fishing activities:








  — | in the area of application of a relevant RFMO that are conducted by vessels without nationality, or by those flying the flag of a State not party to that organisation, or by a fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organisation; or |
| --- | --- | --- |

3.

Unregulated fishing refers to fishing activities:

—

in the area of application of a relevant RFMO that are conducted by vessels without nationality, or by those flying the flag of a State not party to that organisation, or by a fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organisation; or

| — | in areas or for fish stocks in relation to which there are no applicable conservation or management measures and where such fishing activities are conducted in a manner inconsistent with State responsibilities for the conservation of living marine resources under international law. |
| --- | --- |

—

in areas or for fish stocks in relation to which there are no applicable conservation or management measures and where such fishing activities are conducted in a manner inconsistent with State responsibilities for the conservation of living marine resources under international law.

Amendment 11

Proposal for a regulation

Article 2 — point a

| (a) | ‘Fishing vessel’ means any vessel of any size used or intended for use for the purposes of commercial exploitation of fishery resources, including support ships, carrier vessels, fish processing vessels and vessels engaged in transhipment; |
| --- | --- |

(a)

‘Fishing vessel’ means any vessel of any size used or intended for use for the purposes of commercial exploitation of fishery resources, including support ships, carrier vessels, fish processing vessels and vessels engaged in transhipment;

| (a) | ‘Fishing vessel’ means any vessel of any size used or intended for use for the purposes of commercial exploitation of fishery resources,
  for refrigeration, freezing or processing on board or for transport
  , including support ships, carrier vessels, fish processing vessels and vessels engaged in transhipment; |
| --- | --- |

(a)

‘Fishing vessel’ means any vessel of any size used or intended for use for the purposes of commercial exploitation of fishery resources,
  for refrigeration, freezing or processing on board or for transport
  , including support ships, carrier vessels, fish processing vessels and vessels engaged in transhipment;

Amendment 12

Proposal for a regulation

Article 2 — point (h)

| (h) | ‘Regional fisheries management organisation’ means a subregional or regional organisation or arrangement with competence, as recognised under international law, to establish conservation and management measures for
  straddling
  fish stocks
  or highly migratory stocks
  occurring in the area of the high seas placed under its responsibility by virtue of its establishing convention or agreement; |
| --- | --- |

(h)

‘Regional fisheries management organisation’ means a subregional or regional organisation or arrangement with competence, as recognised under international law, to establish conservation and management measures for
  straddling
  fish stocks
  or highly migratory stocks
  occurring in the area of the high seas placed under its responsibility by virtue of its establishing convention or agreement;

| (h) | ‘Regional fisheries management organisation’ means a subregional or regional organisation or arrangement with competence, as recognised under international law, to establish conservation and management measures for fish stocks occurring in the area of the high seas placed under its responsibility by virtue of its establishing convention or agreement; |
| --- | --- |

(h)

‘Regional fisheries management organisation’ means a subregional or regional organisation or arrangement with competence, as recognised under international law, to establish conservation and management measures for fish stocks occurring in the area of the high seas placed under its responsibility by virtue of its establishing convention or agreement;

Amendment 13

Proposal for a regulation

Article 3 — paragraph 1 — point j

| (j) | taken or
  landed undersized fish or |
| --- | --- |

(j)

taken or
  landed undersized fish or

| (j) | landed undersized fish or |
| --- | --- |

(j)

landed undersized fish or

Amendment 14

Proposal for a regulation

Article 3 — paragraph 2 — point a

| (a) | carried out fishing activities in the area of a Regional Fisheries Management Organisation in a manner inconsistent with or in contravention of the conservation and management measures of that organisation
  and
  is flagged to a state not party to that organisation, or |
| --- | --- |

(a)

carried out fishing activities in the area of a Regional Fisheries Management Organisation in a manner inconsistent with or in contravention of the conservation and management measures of that organisation
  and
  is flagged to a state not party to that organisation, or

| (a) | carried out fishing activities in the area of a Regional Fisheries Management Organisation in a manner inconsistent with or in contravention of the conservation and management measures of that organisation
  or
  is flagged to a state not party to that organisation, or |
| --- | --- |

(a)

carried out fishing activities in the area of a Regional Fisheries Management Organisation in a manner inconsistent with or in contravention of the conservation and management measures of that organisation
  or
  is flagged to a state not party to that organisation, or

Amendment 15

Proposal for a regulation

Article 4 — paragraph 1a (new)

| 1a. | Access to ports of Member States, the provision of port services, and the conduct of landing, transhipment or on-board processing operations in such ports shall be prohibited for third country fishing vessels that are included on the Community list of IUU fishing vessels pursuant to Articles 26 and 29. |
| --- | --- |

1a.

Amendment 16

Proposal for a regulation

Article 4 — paragraph 2

| 2. | Except in cases of force majeure
  , access to ports of Member States, the provision of port services, and the conduct of landing, transhipment or on-board processing operations in such ports shall be prohibited for third country fishing vessels unless they meet the requirements set forth in this Chapter and other relevant provisions of this Regulation. |
| --- | --- |

2.

Except in cases of force majeure
  , access to ports of Member States, the provision of port services, and the conduct of landing, transhipment or on-board processing operations in such ports shall be prohibited for third country fishing vessels unless they meet the requirements set forth in this Chapter and other relevant provisions of this Regulation.

| 2. | Access to ports of Member States, the provision of port services, and the conduct of landing, transhipment or on-board processing operations in such ports shall be prohibited for third country fishing vessels
  other than those referred to in paragraph 1a
  unless they meet the requirements set forth in this Chapter and other relevant provisions of this Regulation. |
| --- | --- |

2.

Access to ports of Member States, the provision of port services, and the conduct of landing, transhipment or on-board processing operations in such ports shall be prohibited for third country fishing vessels
  other than those referred to in paragraph 1a
  unless they meet the requirements set forth in this Chapter and other relevant provisions of this Regulation.

Amendment 17

Proposal for a regulation

Article 4 — paragraph 2a (new)

| 2a. | In cases of force majeure or distress, fishing vessels referred to in paragraphs 1a and 2 may access Member State ports to avail themselves of port services and the measures that are strictly necessary to deal with the emergency. |
| --- | --- |

2a.

Amendment 18

Proposal for a regulation

Article 4 — paragraph 3

| 3. | Transhipments between third country fishing vessels or between
  the latter
  and vessels flying the flag of a Member State shall be prohibited
  in Community waters and shall take place only in port
  , in accordance with the provisions of this Chapter. |
| --- | --- |

3.

Transhipments between third country fishing vessels or between
  the latter
  and vessels flying the flag of a Member State shall be prohibited
  in Community waters and shall take place only in port
  , in accordance with the provisions of this Chapter.

| 3. | In Community waters,
  transhipments between third country fishing vessels or between
  third country fishing vessels
  and vessels flying the flag of a Member State shall be prohibited
  other than in designated ports
  , in accordance with the provisions of this Chapter. |
| --- | --- |

3.

In Community waters,
  transhipments between third country fishing vessels or between
  third country fishing vessels
  and vessels flying the flag of a Member State shall be prohibited
  other than in designated ports
  , in accordance with the provisions of this Chapter.

Amendment 19

Proposal for a regulation

Article 4 — paragraph 4

| 4. | Vessels flying the flag of a Member State
  shall not be authorised to tranship at sea catches from third country fishing vessels outside Community waters
  . |
| --- | --- |

4.

Vessels flying the flag of a Member State
  shall not be authorised to tranship at sea catches from third country fishing vessels outside Community waters
  .

| 4. | Outside Community waters, transhipments at sea between vessels
  flying the flag of a Member State
  or between vessels flying the flag of a Member State and third country fishing vessels shall be prohibited
  . |
| --- | --- |

4.

Outside Community waters, transhipments at sea between vessels
  flying the flag of a Member State
  or between vessels flying the flag of a Member State and third country fishing vessels shall be prohibited
  .

Amendment 20

Proposal for a regulation

Article 5 — paragraph 1

| 1. | Member States shall designate
  a place to be used for landings
  or
  a place
  close to the shore (designated ports) where landings or transhipment operation of fish referred to in paragraph 2 are permitted |
| --- | --- |

1.

Member States shall designate
  a place to be used for landings
  or
  a place
  close to the shore (designated ports) where landings or transhipment operation of fish referred to in paragraph 2 are permitted

| 1. | Member States shall designate
  landing ports
  or
  places
  close to the shore (designated ports) where
  port services and
  landings or transhipment operation of fish referred to in paragraph 2 are permitted |
| --- | --- |

1.

Member States shall designate
  landing ports
  or
  places
  close to the shore (designated ports) where
  port services and
  landings or transhipment operation of fish referred to in paragraph 2 are permitted

Amendment 21

Proposal for a regulation

Article 6 — paragraph 1 — introductory part

| 1. | Masters of third country fishing vessels or their representatives shall notify the competent authorities of the Member State whose port or landing facilities they wish to use at least 72 hours before the estimated time of arrival at the port, of the following information: |
| --- | --- |

1.

Masters of third country fishing vessels or their representatives shall notify the competent authorities of the Member State whose port or landing facilities they wish to use at least 72 hours before the estimated time of arrival at the port, of the following information:

| 1. | Except in the event of force majeure
  , masters of third country fishing vessels or their representatives shall notify the competent authorities of the Member State whose port or landing facilities they wish to use at least 72 hours before the estimated time of arrival at the port, of the following information: |
| --- | --- |

1.

Except in the event of force majeure
  , masters of third country fishing vessels or their representatives shall notify the competent authorities of the Member State whose port or landing facilities they wish to use at least 72 hours before the estimated time of arrival at the port, of the following information:

Amendment 22

Proposal for a regulation

Article 6 — paragraph 1 — point ga (new)

| (ga) | the quantities to be unloaded or transhipped. |
| --- | --- |

(ga)

Amendment 23

Proposal for a regulation

Article 6 — paragraph 3

| 3. | The Commission, in accordance with the procedure laid down in Article 52, may exempt certain categories of third country fishing vessels from the obligation stipulated in paragraph 1 for a limited and renewable period, or make provision for another notification period taking into account, inter alia, the distance between the fishing grounds, landing places and ports where the vessels in question are registered or listed. |
| --- | --- |

3.

deleted

Amendment 24

Proposal for a regulation

Article 7 — paragraph 4

| 4. | By way of derogation to paragraphs 2 and 3 the port Member State may authorise port access and all or part of a landing in cases where the information referred to in paragraph 1 is not complete or its verification is pending, but shall in such cases keep the fish concerned in storage under the control of the competent authorities. The fish shall only be released to be sold, taken over or transported once the information referred to in paragraph 1 has been received or the verification process is completed. If this process is not completed within 14 days of the landing, the port Member State may confiscate and dispose of the fish in accordance with national rules. |
| --- | --- |

4.

By way of derogation to paragraphs 2 and 3 the port Member State may authorise port access and all or part of a landing in cases where the information referred to in paragraph 1 is not complete or its verification is pending, but shall in such cases keep the fish concerned in storage under the control of the competent authorities. The fish shall only be released to be sold, taken over or transported once the information referred to in paragraph 1 has been received or the verification process is completed. If this process is not completed within 14 days of the landing, the port Member State may confiscate and dispose of the fish in accordance with national rules.

| 4. | By way of derogation from paragraphs 2 and 3 the port Member State may authorise port access and all or part of a landing in cases where the information referred to in paragraph 1 is not complete or its verification is pending, but shall in such cases keep the
  deep-frozen
  fish concerned in storage under the control of the competent authorities. The fish shall only be released to be sold, taken over or transported once the information referred to in paragraph 1 has been received or the verification process is completed. If this process is not completed within 14 days of the landing, the port Member State may confiscate and dispose of the fish in accordance with national rules.
  The storage costs shall be borne by the operator
  . |
| --- | --- |

4.

By way of derogation from paragraphs 2 and 3 the port Member State may authorise port access and all or part of a landing in cases where the information referred to in paragraph 1 is not complete or its verification is pending, but shall in such cases keep the
  deep-frozen
  fish concerned in storage under the control of the competent authorities. The fish shall only be released to be sold, taken over or transported once the information referred to in paragraph 1 has been received or the verification process is completed. If this process is not completed within 14 days of the landing, the port Member State may confiscate and dispose of the fish in accordance with national rules.
  The storage costs shall be borne by the operator
  .

Amendment 25

Proposal for a regulation

Article 7 — paragraph 4a (new)

| 4a. | If the fish referred to in paragraph 4 is fresh, the fish shall be sold through the regular channels. The competent authorities shall retain control over the proceeds of sale until the period referred to in paragraph 4 has elapsed. |
| --- | --- |

4a.

Amendment 26

Proposal for a regulation

Article 9 — paragraph 1

| 1. | Member States shall carry out inspections in their ports of at least
  15 %
  of landings, transhipments and on-board processing operations by third country fishing vessels each year. |
| --- | --- |

1.

Member States shall carry out inspections in their ports of at least
  15 %
  of landings, transhipments and on-board processing operations by third country fishing vessels each year.

| 1. | Member States shall carry out inspections in their ports of at least
  50 %
  of landings, transhipments and on-board processing operations by third country fishing vessels each year. |
| --- | --- |

1.

Member States shall carry out inspections in their ports of at least
  50 %
  of landings, transhipments and on-board processing operations by third country fishing vessels each year.

Amendment 27

Proposal for a regulation

Article 9 — paragraph 2 — point d

| (d) | fishing vessels appearing in a list of presumed IUU vessels adopted by a Regional Fisheries Management Organisation notified in accordance with Article 29. |
| --- | --- |

(d)

fishing vessels appearing in a list of presumed IUU vessels adopted by a Regional Fisheries Management Organisation notified in accordance with Article 29.

| (d) | fishing vessels appearing in a list of presumed IUU vessels adopted by a Regional Fisheries Management Organisation notified in accordance with Article 29
  which have not yet been included in the Community list of IUU fishing vessels referred to in Article 26
  . |
| --- | --- |

(d)

fishing vessels appearing in a list of presumed IUU vessels adopted by a Regional Fisheries Management Organisation notified in accordance with Article 29
  which have not yet been included in the Community list of IUU fishing vessels referred to in Article 26
  .

Amendment 28

Proposal for a regulation

Article 9 — paragraph 3a (new)

| 3a. | Such inspection shall comply with the rules and objectives previously laid down by the Commission and be uniformly conducted and implemented in the different Member States. Each Member State shall create its database, on the basis of criteria set out by the Commission, in which all inspections carried out on its territory shall be recorded. The Member States shall grant the Commission access to their databases on request. |
| --- | --- |

3a.

Amendment 29

Proposal for a regulation

Article 10

Article 10 — Inspectors

| 1. | Member States shall issue an identity document to each inspector. Inspectors shall carry and produce this document when inspecting a fishing vessel. |
| --- | --- |

1.

| 2. | Member States shall ensure that inspectors carry out their duties in accordance with the rules laid down in this section. |
| --- | --- |

2.

deleted

Amendment 30

Proposal for a regulation

Article 12 — paragraph 1 — introductory part

| 1. | If
  an
  inspector
  has serious reason
  to
  believe
  that a fishing vessel has engaged in IUU fishing activity in accordance with the criteria set out in Article 3, he shall: |
| --- | --- |

1.

If
  an
  inspector
  has serious reason
  to
  believe
  that a fishing vessel has engaged in IUU fishing activity in accordance with the criteria set out in Article 3, he shall:

| 1. | If
  the information gathered during the inspection gives the
  inspector
  sufficient grounds
  to
  suspect
  that a fishing vessel has engaged in IUU fishing activity in accordance with the criteria set out in Article 3, he shall: |
| --- | --- |

1.

If
  the information gathered during the inspection gives the
  inspector
  sufficient grounds
  to
  suspect
  that a fishing vessel has engaged in IUU fishing activity in accordance with the criteria set out in Article 3, he shall:

Amendment 31

Proposal for a regulation

Article 12 — paragraph 1 — point a

| (a) | note the infringement in the inspection report; |
| --- | --- |

(a)

note the infringement in the inspection report;

| (a) | note the
  presumed
  infringement in the inspection report; |
| --- | --- |

(a)

note the
  presumed
  infringement in the inspection report;

Amendment 32

Proposal for a regulation

Article 12 — paragraph 1 — point aa (new)

| (aa) | halt landing, transhipment or on-board processing operations; |
| --- | --- |

(aa)

Amendment 33

Proposal for a regulation

Article 13 — paragraph 1

| 1. | The importation into the Community of fishery products obtained from illegal, unreported or unregulated fishing shall be prohibited. |
| --- | --- |

1.

The importation into the Community of fishery products obtained from illegal, unreported or unregulated fishing shall be prohibited.

| 1. | The importation into the Community of fishery products obtained from illegal, unreported or unregulated fishing
  in accordance with the criteria set out in Article 3
  shall be prohibited. |
| --- | --- |

1.

The importation into the Community of fishery products obtained from illegal, unreported or unregulated fishing
  in accordance with the criteria set out in Article 3
  shall be prohibited.

Amendment 36

Proposal for a regulation

Article 18 — paragraph 4

| 4. | Any person shall have the right to appeal against decisions taken by the competent authorities pursuant to paragraph 1 or 2 which concern him directly and individually. The right of appeal shall be exercised according to the provisions in force in the Member State concerned. |
| --- | --- |

4.

Any person shall have the right to appeal against decisions taken by the competent authorities pursuant to paragraph 1 or 2 which concern him directly and individually. The right of appeal shall be exercised according to the provisions in force in the Member State concerned.

| 4. | Any
  natural or legal
  person shall have the right to appeal against decisions taken by the competent authorities pursuant to paragraph 1 or 2 which concern him directly and individually. The right of appeal shall be exercised according to the provisions in force in the Member State concerned. |
| --- | --- |

4.

Any
  natural or legal
  person shall have the right to appeal against decisions taken by the competent authorities pursuant to paragraph 1 or 2 which concern him directly and individually. The right of appeal shall be exercised according to the provisions in force in the Member State concerned.

Amendment 37

Proposal for a regulation

Article 20

Article 20 — Re-exportation

| 1. | The re-exportation of products imported under a catch certificate in accordance with this chapter shall be authorised through the validation of a re-export certificate by the competent authorities of the Member State from which the re-exportation is to take place, on request by the re-exporter. |
| --- | --- |

1.

| 2. | Re-export certificates shall contain all the information required in the form attached in Annex II and shall be accompanied by a copy of the catch certificates which have been accepted for the importation of the products. |
| --- | --- |

2.

| 3. | Member States shall notify to the Commission their competent authorities for the validation and the verification of re-export certificates. |
| --- | --- |

3.

deleted

Amendment 38

Proposal for a regulation

Article 23 — paragraph 3 — point b

| (b) | advise the flag state
  and, where appropriate, the state of re-exportation
  of the annulment; and |
| --- | --- |

(b)

advise the flag state
  and, where appropriate, the state of re-exportation
  of the annulment; and

| (b) | advise the flag state of the annulment; and |
| --- | --- |

(b)

advise the flag state of the annulment; and

Amendment 39

Proposal for a regulation

Article 23 — paragraph 4 — point b

| (b) | advise the flag state
  and, where appropriate, the state of re-exportation
  ; |
| --- | --- |

(b)

advise the flag state
  and, where appropriate, the state of re-exportation
  ;

| (b) | advise the flag state; |
| --- | --- |

(b)

advise the flag state;

Amendment 40

Proposal for a regulation

Article 24 — title

Article 24 —
  Alleged
  IUU fishing activities

Article 24 —
  Procedure for detecting
  IUU fishing activities

Amendment 41

Proposal for a regulation

Article 24 — paragraph 1 — introductory part

| 1. | The Commission, or a body designated by it, shall compile and analyse all information on IUU fishing activities: |
| --- | --- |

1.

The Commission, or a body designated by it, shall compile and analyse all information on IUU fishing activities:

| 1. | The Commission, or a body designated by it, shall compile and analyse all information on IUU fishing activities
  in accordance with the criteria set out in Article 3
  : |
| --- | --- |

1.

The Commission, or a body designated by it, shall compile and analyse all information on IUU fishing activities
  in accordance with the criteria set out in Article 3
  :

Amendment 42

Proposal for a regulation

Article 24 — paragraph 1 — point ba (new)

| (ba) | information on the sanctions and fines imposed on IUU vessels. |
| --- | --- |

(ba)

Amendment 43

Proposal for a regulation

Article 25 — title

Article 25 —
  Presumed
  IUU fishing activities

Article 25 —
  Investigation of
  IUU fishing activities

Amendment 44

Proposal for a regulation

Article 25 — paragraph 2 — point –a (new)

| –a) | provide the information compiled by the Commission on the alleged IUU fishing activities, and a detailed statement of the reasons justifying inclusion in the Community list of IUU fishing vessels; |
| --- | --- |

–a)

Amendment 46

Proposal for a regulation

Article 26 — paragraph 1

| 1. | The Commission shall establish the European Community IUU vessel list. This List shall include the vessels in relation to which, further to the steps taken pursuant Articles 24 and 25, the information obtained in accordance with this Regulation establishes that they are engaged in IUU fishing activities and whose flag states have taken no effective action in response to those activities. |
| --- | --- |

1.

The Commission shall establish the European Community IUU vessel list. This List shall include the vessels in relation to which, further to the steps taken pursuant Articles 24 and 25, the information obtained in accordance with this Regulation establishes that they are engaged in IUU fishing activities and whose flag states have taken no effective action in response to those activities.

| 1. | The Commission shall establish the European Community IUU vessel list. This List shall include the vessels in relation to which, further to the steps taken pursuant Articles 24 and 25, the information obtained in accordance with this Regulation establishes that they are engaged in IUU fishing activities
  in accordance with the criteria set out in Article 3
  and whose flag states have taken no effective action in response to those activities. |
| --- | --- |

1.

The Commission shall establish the European Community IUU vessel list. This List shall include the vessels in relation to which, further to the steps taken pursuant Articles 24 and 25, the information obtained in accordance with this Regulation establishes that they are engaged in IUU fishing activities
  in accordance with the criteria set out in Article 3
  and whose flag states have taken no effective action in response to those activities.

Amendment 47

Proposal for a regulation

Article 26 — paragraph 1a (new)

| 1a. | The Commission shall notify the flag state of a vessel’s inclusion in the Community IUU vessel list and shall inform it in detail of the reasons for that vessel’s inclusion in the list. |
| --- | --- |

1a.

Amendment 48

Proposal for a regulation

Article 26 — paragraph 4a (new)

| 4a. | Where one of an owner’s vessels has been included on the Community list of IUU vessels, a detailed inspection shall be carried out of all that owner’s vessels. |
| --- | --- |

4a.

Amendment 49

Proposal for a regulation

Article 28 — paragraph 1 — point h

| (h) | date of first inclusion on the IUU Vessel List; |
| --- | --- |

(h)

date of first inclusion on the IUU Vessel List;

| (h) | date of first inclusion on the
  Community
  IUU Vessel List
  and, if applicable, date of first inclusion on the IUU vessel list of one or more RFMOs
  ; |
| --- | --- |

(h)

date of first inclusion on the
  Community
  IUU Vessel List
  and, if applicable, date of first inclusion on the IUU vessel list of one or more RFMOs
  ;

Amendment 50

Proposal for a regulation

Article 28 — paragraph 1 — point ia (new)

| (ia) | the technical specifications of the vessel concerned
  . |
| --- | --- |

(ia)

the technical specifications of the vessel concerned
  .

Amendment 51

Proposal for a regulation

Article 28 — paragraph 2

| 2. | The Commission shall take any measure necessary to ensure publicity of the European Community IUU vessels list, including by placing it on the DG Fisheries website. |
| --- | --- |

2.

The Commission shall take any measure necessary to ensure publicity of the European Community IUU vessels list, including by placing it on the DG Fisheries website.

| 2. | The Commission
  shall publish the Community IUU vessels list in the Official Journal of the European Union and
  shall take any measure necessary to ensure publicity of the Community IUU vessels list, including by placing it on the DG isheries website. |
| --- | --- |

2.

The Commission
  shall publish the Community IUU vessels list in the Official Journal of the European Union and
  shall take any measure necessary to ensure publicity of the Community IUU vessels list, including by placing it on the DG isheries website.

Amendment 52

Proposal for a regulation

Article 30 — paragraph 1

| 1. | The Commission, in accordance with the procedure established in Article 52, shall identify the third states that it considers as non-cooperating states in fighting IUU fishing activities. |
| --- | --- |

1.

The Commission, in accordance with the procedure established in Article 52, shall identify the third states that it considers as non-cooperating states in fighting IUU fishing activities.

| 1. | The Commission, in accordance with the procedure established in Article 52, shall identify the third states that it considers as non-cooperating states in fighting IUU fishing activities
  , on the basis of clear, transparent and objective criteria
  . |
| --- | --- |

1.

The Commission, in accordance with the procedure established in Article 52, shall identify the third states that it considers as non-cooperating states in fighting IUU fishing activities
  , on the basis of clear, transparent and objective criteria
  .

Amendment 53

Proposal for a regulation

Article 30 — paragraph 6 — point ba (new)

| (ba) | whether the State concerned has ever been the subject of trade restrictive measures in respect of fishery products adopted by an RFMO; |
| --- | --- |

(ba)

Amendment 54

Proposal for a regulation

Article 30 — paragraph 7

| 7. | Where appropriate, specific constraints of developing countries, in particular in respect to monitoring, control and surveillance of fishing activities, shall be duly taken into consideration in the implementation of this Article. |
| --- | --- |

7.

Where appropriate, specific constraints of developing countries, in particular in respect to monitoring, control and surveillance of fishing activities, shall be duly taken into consideration in the implementation of this Article.

| 7. | Where appropriate, specific constraints of developing countries, in particular in respect to monitoring, control and surveillance of fishing activities, shall be duly taken into consideration in the implementation of this Article.
  The Commission shall, within three months of the entry into force of this Regulation, publish an analysis of its probable impact on developing countries and a proposal for the funding of specific programmes to support its implementation and eliminate possible negative impacts. |
| --- | --- |

7.

Where appropriate, specific constraints of developing countries, in particular in respect to monitoring, control and surveillance of fishing activities, shall be duly taken into consideration in the implementation of this Article.
  The Commission shall, within three months of the entry into force of this Regulation, publish an analysis of its probable impact on developing countries and a proposal for the funding of specific programmes to support its implementation and eliminate possible negative impacts.

Amendment 55

Proposal for a regulation

Article 34

The Commission shall take any measure necessary to ensure publicity of
  the
  list of non-cooperating states,
  in a manner consistent with any applicable confidentiality requirements
  , including placing it on the DG Fisheries website. The list shall be regularly updated and the Commission shall provide for a system to automatically notify updates to Member States, Regional Fisheries Management Organisations and any member of the civil society that should so request. Furthermore, the Commission shall transmit list of non-cooperating states to the Food and Agriculture Organisation of the United Nations and to Regional Fisheries Management Organisations for the purposes of enhancing cooperation between the European Community and these organisations aimed at preventing, deterring and eliminating IUU fishing.

The Commission
  shall publish the list of non-cooperating states in the Official Journal of the European Union and
  shall take any measure necessary to ensure publicity of
  that
  list of non-cooperating states, including placing it on the DG Fisheries website
  in a manner consistent with any applicable confidentiality requirements
  . The list shall be regularly updated and the Commission shall provide for a system to automatically notify updates to Member States, Regional Fisheries Management Organisations and any member of the civil society that should so request. Furthermore, the Commission shall transmit list of non-cooperating states to the Food and Agriculture Organisation of the United Nations and to Regional Fisheries Management Organisations for the purposes of enhancing cooperation between the European Community and these organisations aimed at preventing, deterring and eliminating IUU fishing.

Amendment 56

Proposal for a regulation

Article 36 — point ha (new)

| (ha) | Member States shall refuse to allow the export of a vessel flying their flag that is on the IUU list; |
| --- | --- |

(ha)

Amendment 57

Proposal for a regulation

Article 36 — point ja (new)

| (ja) | The Member States may not under any circumstances grant support or subsidies to IUU vessels. |
| --- | --- |

(ja)

Amendment 58

Proposal for a regulation

Article 37 — point h

| (h) | Member
  States
  shall inform importers, transhippers, buyers, equipment suppliers, bankers, and operators carrying out other services, of the risks associated with conducting business operations linked to fishing activities with nationals of any of such states; |
| --- | --- |

(h)

Member
  States
  shall inform importers, transhippers, buyers, equipment suppliers, bankers, and operators carrying out other services, of the risks associated with conducting business operations linked to fishing activities with nationals of any of such states;

| (h) | Each
  Member
  State
  shall inform importers, transhippers, buyers, equipment suppliers, bankers, and operators carrying out other services
  established on its territory
  , of the risks associated with conducting business operations linked to fishing activities with nationals of any of such states; |
| --- | --- |

(h)

Each
  Member
  State
  shall inform importers, transhippers, buyers, equipment suppliers, bankers, and operators carrying out other services
  established on its territory
  , of the risks associated with conducting business operations linked to fishing activities with nationals of any of such states;

Amendment 59

Proposal for a regulation

Article 37 — point i

| (i) | the Commission shall propose the denunciation of any standing bilateral fisheries agreement or fisheries partnership agreements with such states; |
| --- | --- |

(i)

the Commission shall propose the denunciation of any standing bilateral fisheries agreement or fisheries partnership agreements with such states;

| (i) | the Commission shall propose the denunciation of any standing bilateral fisheries agreement or fisheries partnership agreements with such states
  where the text of the agreement concerned includes commitments on combating IUU fishing
  ; |
| --- | --- |

(i)

the Commission shall propose the denunciation of any standing bilateral fisheries agreement or fisheries partnership agreements with such states
  where the text of the agreement concerned includes commitments on combating IUU fishing
  ;

Amendment 60

Proposal for a regulation

Article 41 — point a

| (a) | the activities considered to constitute IUU fishing activities in accordance with the criteria set out in Article 3; |
| --- | --- |

(a)

the activities considered to constitute IUU fishing activities in accordance with the criteria set out in Article 3;

| (a) | the activities considered to constitute IUU fishing activities in accordance with the criteria set out in Article 3
  and included in the list contained in Annex (...) on serious infringements |
| --- | --- |

(a)

the activities considered to constitute IUU fishing activities in accordance with the criteria set out in Article 3
  and included in the list contained in Annex (...) on serious infringements

Amendment 61

Proposal for a regulation

Article 43 — paragraph 1

| 1. | Member States shall ensure that a natural person having committed or a legal person found liable for a serious infringement is punishable by effective, proportionate and dissuasive sanctions, which shall include fines of a maximum of at least EUR 300 000 for natural persons and of at least EUR 500 000 for legal persons. |
| --- | --- |

1.

Member States shall ensure that a natural person having committed or a legal person found liable for a serious infringement is punishable by effective, proportionate and dissuasive sanctions, which shall include fines of a maximum of at least EUR 300 000 for natural persons and of at least EUR 500 000 for legal persons.

| 1. | Member States shall ensure that a natural person having committed or a legal person found liable for a serious infringement is punishable by effective, proportionate and dissuasive
  administrative
  sanctions, which shall include fines of a maximum of at least EUR 300 000 for natural persons and of at least EUR 500 000 for legal persons. |
| --- | --- |

1.

Member States shall ensure that a natural person having committed or a legal person found liable for a serious infringement is punishable by effective, proportionate and dissuasive
  administrative
  sanctions, which shall include fines of a maximum of at least EUR 300 000 for natural persons and of at least EUR 500 000 for legal persons.

Amendment 62

Proposal for a regulation

Article 43 — paragraph 2a (new)

| 2a. | The Member States may also choose to impose penal sanctions provided that the amount of such sanctions is at least equivalent to that of the administrative sanctions. |
| --- | --- |

2a.

Amendment 63

Proposal for a regulation

Article 45a (new)

Article 45a

Other accompanying sanctions

The sanctions provided for in this Chapter shall be accompanied by other sanctions or measures, in particular:

| (a) | a temporary ban for at least the duration of the programming period, or a permanent ban on access to public aid or subsidies; |
| --- | --- |

(a)

a temporary ban for at least the duration of the programming period, or a permanent ban on access to public aid or subsidies;

| (b) | the repayment of public aid or subsidies received by IUU vessels during the relevant financial period. |
| --- | --- |

(b)

the repayment of public aid or subsidies received by IUU vessels during the relevant financial period.

Amendment 64

Proposal for a regulation

Article 53 — paragraph –1 (new)

| –1. | During the first year following the entry into force of this Regulation, six-monthly checks shall be carried out to determine Member States’ preparedness fully to comply with its provisions; should any instances of non-compliance be identified, the Member State(s) concerned shall be required to make the necessary adjustments. |
| --- | --- |

–1.

Amendment 65

Proposal for a regulation

Annex II

Annex deleted

---

| 26.11.2009 | EN | Official Journal of the European Union | CE 285/90 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/90

---

Thursday 5 June 2008Protection of vulnerable marine ecosystems *

P6_TA(2008)0246

European Parliament legislative resolution of 5 June 2008 on the proposal for a Council regulation on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears (COM(2007)0605 — C6-0453/2007 — 2007/0224(CNS))

2009/C 285 E/17

(Consultation procedure)

The European Parliament,

having regard to the Commission proposal to the Council (COM(2007)0605),

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0453/2007),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Fisheries and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0183/2008),

| 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.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS |
| --- | --- |
| Amendment 1 |
| Proposal for a regulation


  Recital 10 |
| (10) | The identification of vulnerable marine ecosystems in areas not regulated by a regional fisheries management organisation is a work in progress and there is relatively limited scientific information in this respect.
  A depth limit for the deployment of bottom gears provides a precautionary protected boundary for deep water corals and sponges within the water column. A depth of 1 000 m represents a reasonable choice providing a suitable degree of protection while compatible with the continuation of bottom fisheries for demersal species generally found at shallower depths such as hake and squid. This depth restriction is also compatible with the progressive development, under this regulation, of area-based measures to fully protect sites where vulnerable ecosystems are known or likely to occur. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS

Amendment 1

Proposal for a regulation

Recital 10

(10)

The identification of vulnerable marine ecosystems in areas not regulated by a regional fisheries management organisation is a work in progress and there is relatively limited scientific information in this respect.
  A depth limit for the deployment of bottom gears provides a precautionary protected boundary for deep water corals and sponges within the water column. A depth of 1 000 m represents a reasonable choice providing a suitable degree of protection while compatible with the continuation of bottom fisheries for demersal species generally found at shallower depths such as hake and squid. This depth restriction is also compatible with the progressive development, under this regulation, of area-based measures to fully protect sites where vulnerable ecosystems are known or likely to occur.

| (10) | The identification of vulnerable marine ecosystems in areas not regulated by a regional fisheries management organisation is a work in progress and there is relatively limited scientific information in this respect. |
| --- | --- |

(10)

The identification of vulnerable marine ecosystems in areas not regulated by a regional fisheries management organisation is a work in progress and there is relatively limited scientific information in this respect.

Amendment 2

Proposal for a regulation

Recital 12a (new)

| (12a) | This Regulation takes account of international guidelines on the management of deep-sea fisheries in the high seas adopted by the Food and Agriculture Organization of the United Nations (FAO). Should any doubt arise over the interpretation of this Regulation, it should be interpreted in the light of the FAO guidelines. |
| --- | --- |

(12a)

Amendment 3

Proposal for a regulation

Article 1 — paragraph 1

| 1. | This Regulation shall apply to Community fishing vessels carrying out fishing activities with bottom gears in the high seas. |
| --- | --- |

1.

This Regulation shall apply to Community fishing vessels carrying out fishing activities with bottom gears in the high seas.

| 1. | This Regulation shall apply to Community fishing vessels carrying out fishing activities with bottom gears in the high seas
  where these gears are in contact with the seabed in the normal course of fishing operations
  . |
| --- | --- |

1.

This Regulation shall apply to Community fishing vessels carrying out fishing activities with bottom gears in the high seas
  where these gears are in contact with the seabed in the normal course of fishing operations
  .

Amendment 4

Proposal for a regulation

Article 1 — paragraph 2 — point a

| (a) | Under the responsibility of a regional fisheries management organisation
  of arrangement
  with competence to regulate such fishing activities; |
| --- | --- |

(a)

Under the responsibility of a regional fisheries management organisation
  of arrangement
  with competence to regulate such fishing activities;

| (a) | Under the responsibility of a regional fisheries management organisation with
  the legal
  competence to regulate such fishing activities; |
| --- | --- |

(a)

Under the responsibility of a regional fisheries management organisation with
  the legal
  competence to regulate such fishing activities;

Amendment 6

Proposal for a regulation

Article 2 — point b

| (b) | ‘vulnerable marine ecosystem’ means any marine ecosystem whose specific structure
  and function is, according to the best scientific information available and to the principle of precaution
  , likely to be compromised by
  stress resulting from physical contact with bottom gears in the course of fishing operations, including inter alia reefs, seamounts, hydrothermal vents, cold water corals or cold water sponge beds
  ; |
| --- | --- |

(b)

‘vulnerable marine ecosystem’ means any marine ecosystem whose specific structure
  and function is, according to the best scientific information available and to the principle of precaution
  , likely to be compromised by
  stress resulting from physical contact with bottom gears in the course of fishing operations, including inter alia reefs, seamounts, hydrothermal vents, cold water corals or cold water sponge beds
  ;

| (b) | ‘vulnerable marine ecosystem’ means any marine ecosystem whose specific structure
  and/or functions are
  likely to be compromised by
  the action of a specific external agent
  ; |
| --- | --- |

(b)

‘vulnerable marine ecosystem’ means any marine ecosystem whose specific structure
  and/or functions are
  likely to be compromised by
  the action of a specific external agent
  ;

Amendment 7

Proposal for a regulation

Article 2 — point c

| (c) | ‘bottom gears’ means bottom trawls, dredges, bottom-set gillnets, bottom-set longlines, pots and traps. |
| --- | --- |

(c)

‘bottom gears’ means bottom trawls, dredges, bottom-set gillnets, bottom-set longlines, pots and traps.

| (c) | ‘bottom gears’ means
  fishing equipment deployed on and in contact with the sea bed, such as
  bottom trawls, dredges, bottom-set gillnets, bottom-set longlines, pots and traps. |
| --- | --- |

(c)

‘bottom gears’ means
  fishing equipment deployed on and in contact with the sea bed, such as
  bottom trawls, dredges, bottom-set gillnets, bottom-set longlines, pots and traps.

Amendment 8

Proposal for a regulation

Article 4 — paragraph 1 — point b

| (b) | the targeted species, |
| --- | --- |

(b)

the targeted species,

| (b) | the targeted species
  and species likely to be taken as by-catch
  , |
| --- | --- |

(b)

the targeted species
  and species likely to be taken as by-catch
  ,

Amendment 9

Proposal for a regulation

Article 4 — paragraph 1 — point c

| (c) | the depth at which the gears will be deployed
  , |
| --- | --- |

(c)

the depth at which the gears will be deployed
  ,

| (c) | the gears used and depths at which they will be deployed
  , |
| --- | --- |

(c)

the gears used and depths at which they will be deployed
  ,

Amendment 10

Proposal for a regulation

Article 4 — paragraph 1 — point d

| (d) | the configuration of the bathymetric profile of the seabed in the intended fishing grounds. |
| --- | --- |

(d)

the configuration of the bathymetric profile of the seabed in the intended fishing grounds.

| (d) | the configuration of the bathymetric profile of the seabed in the intended fishing grounds,
  should this information not already be available to the competent authorities of the vessel’s flag Member State
  . |
| --- | --- |

(d)

the configuration of the bathymetric profile of the seabed in the intended fishing grounds,
  should this information not already be available to the competent authorities of the vessel’s flag Member State
  .

Amendment 11

Proposal for a regulation

Article 4 — paragraph 1 — point da (new)

| (da) | the duration of activities. |
| --- | --- |

(da)

Amendment 12

Proposal for a regulation

Article 4 — paragraph 2

| 2. | The competent authorities shall issue a special fishing permit after having carried out an assessment on the potential impacts of the vessel’s intended fishing activities and concluded that such activities are not likely to have significant adverse impacts on vulnerable marine ecosystems. |
| --- | --- |

2.

The competent authorities shall issue a special fishing permit after having carried out an assessment on the potential impacts of the vessel’s intended fishing activities and concluded that such activities are not likely to have significant adverse impacts on vulnerable marine ecosystems.

| 2. | The competent authorities shall issue a special fishing permit after having carried out an assessment on the potential impacts of the vessel’s intended fishing activities and concluded that such activities are not likely to have significant adverse impacts on vulnerable marine ecosystems.
  The duration of the special fishing permit shall not exceed that of the fishing plan. |
| --- | --- |

2.

The competent authorities shall issue a special fishing permit after having carried out an assessment on the potential impacts of the vessel’s intended fishing activities and concluded that such activities are not likely to have significant adverse impacts on vulnerable marine ecosystems.
  The duration of the special fishing permit shall not exceed that of the fishing plan.

Amendment 13

Proposal for a regulation

Article 4 — paragraph 4

| 4. | The competent authorities shall apply precautionary criteria in the conduct of the assessment referred to in paragraph 2.
  In case of doubt on whether the adverse impacts are significant or not, they shall consider that the likely adverse impacts resulting from the scientific advice provided are significant. |
| --- | --- |

4.

The competent authorities shall apply precautionary criteria in the conduct of the assessment referred to in paragraph 2.
  In case of doubt on whether the adverse impacts are significant or not, they shall consider that the likely adverse impacts resulting from the scientific advice provided are significant.

| 4. | The competent authorities shall apply precautionary criteria in the conduct of the assessment referred to in paragraph 2. |
| --- | --- |

4.

The competent authorities shall apply precautionary criteria in the conduct of the assessment referred to in paragraph 2.

Amendment 14

Proposal for a regulation

Article 6

Article 6

Depth limits

The use of bottom gears at depths beyond 1 000 m of depth shall be prohibited.

deleted

Amendment 15

Proposal for a regulation

Article 7 — paragraph 1

| 1. | Where, in the course of fishing operations, a fishing vessel
  encounters
  a vulnerable marine ecosystem,
  it
  shall immediately cease fishing, or refrain from engaging in fishing in the site concerned. It shall resume operations only when it has reached an alternative site at a minimum distance of 5 nautical miles from the site of the encounter within the area foreseen in its fishing plan provided for in Article 4(1). |
| --- | --- |

1.

Where, in the course of fishing operations, a fishing vessel
  encounters
  a vulnerable marine ecosystem,
  it
  shall immediately cease fishing, or refrain from engaging in fishing in the site concerned. It shall resume operations only when it has reached an alternative site at a minimum distance of 5 nautical miles from the site of the encounter within the area foreseen in its fishing plan provided for in Article 4(1).

| 1. | Where,
  in spite of the measures taken under Article 4, a scientific observer who has embarked in accordance with Article 12 obtains sufficient evidence that
  , in the course of fishing operations, a fishing vessel
  may have encountered
  a
  possible
  vulnerable marine ecosystem,
  that vessel
  shall immediately cease fishing, or refrain from engaging in fishing in the site concerned. It shall resume operations only when it has reached an alternative site at a minimum distance of 5 nautical miles from the site of the encounter within the area foreseen in its fishing plan provided for in Article 4(1). |
| --- | --- |

1.

Where,
  in spite of the measures taken under Article 4, a scientific observer who has embarked in accordance with Article 12 obtains sufficient evidence that
  , in the course of fishing operations, a fishing vessel
  may have encountered
  a
  possible
  vulnerable marine ecosystem,
  that vessel
  shall immediately cease fishing, or refrain from engaging in fishing in the site concerned. It shall resume operations only when it has reached an alternative site at a minimum distance of 5 nautical miles from the site of the encounter within the area foreseen in its fishing plan provided for in Article 4(1).

Amendment 16

Proposal for a regulation

Article 7 — paragraph 2a (new)

| 2a. | If there is substantial uncertainty about the presence of a vulnerable marine ecosystem, the area shall be designated as a vulnerable marine ecosystem until there is sufficient evidence to the contrary. |
| --- | --- |

2a.

Amendment 17

Proposal for a regulation

Article 7 — paragraph 3

| 3. | The fishing vessel shall report
  each
  encounter to the competent authorities without delay, providing precise information on the nature, location, time and any other relevant circumstances of the encounter. |
| --- | --- |

3.

The fishing vessel shall report
  each
  encounter to the competent authorities without delay, providing precise information on the nature, location, time and any other relevant circumstances of the encounter.

| 3. | The fishing vessel shall report
  any such
  encounter without delay to the competent authorities,
  which shall, in turn, report to the Commission and the Member States as soon as possible
  , providing precise information on the nature, location, time and any other relevant circumstances of the encounter. |
| --- | --- |

3.

The fishing vessel shall report
  any such
  encounter without delay to the competent authorities,
  which shall, in turn, report to the Commission and the Member States as soon as possible
  , providing precise information on the nature, location, time and any other relevant circumstances of the encounter.

Amendment 18

Proposal for a regulation

Article 7 — paragraph 3a (new)

| 3a. | Unforeseen encounters shall be registered on an electronic online mapping scheme in order to build up a permanent database of vulnerable marine ecosystems. |
| --- | --- |

3a.

Amendment 19

Proposal for a regulation

Article 8 — paragraph 1

| 1. | On the basis of the best scientific information available on the occurrence or on the likelihood of occurrence of vulnerable marine ecosystems in the region where their fishing vessels operate, Member States shall identify areas that shall be closed to fishing with bottom gears. Member States shall implement these closures without delay in respect of their vessels and
  submit a report to
  the Commission
  in accordance with Article 13
  . |
| --- | --- |

1.

On the basis of the best scientific information available on the occurrence or on the likelihood of occurrence of vulnerable marine ecosystems in the region where their fishing vessels operate, Member States shall identify areas that shall be closed to fishing with bottom gears. Member States shall implement these closures without delay in respect of their vessels and
  submit a report to
  the Commission
  in accordance with Article 13
  .

| 1. | On the basis of the best scientific information available on the occurrence or on the likelihood of occurrence of vulnerable marine ecosystems in the region where their fishing vessels operate, Member States shall identify areas that shall be closed to fishing with bottom gears. Member States shall implement these closures without delay in respect of their vessels and
  notify
  the Commission
  without delay of the closure applied. The Commission shall forward this information as swiftly as possible to the other Member States
  . |
| --- | --- |

1.

On the basis of the best scientific information available on the occurrence or on the likelihood of occurrence of vulnerable marine ecosystems in the region where their fishing vessels operate, Member States shall identify areas that shall be closed to fishing with bottom gears. Member States shall implement these closures without delay in respect of their vessels and
  notify
  the Commission
  without delay of the closure applied. The Commission shall forward this information as swiftly as possible to the other Member States
  .

Amendment 21

Proposal for a regulation

Article 11

Community fishing vessels referred to in Article 1(1) and which target deep sea stocks shall also be subject to the requirements laid down in Regulation (EC) No 2347/2002 of 16 December 2002.

Community fishing vessels referred to in Article 1(1) and which target deep sea stocks shall also be subject to the requirements laid down in
  Articles 3, 5, 7 and 9 of
  Regulation (EC) No 2347/2002 of 16 December 2002.

Amendment 22

Proposal for a regulation

Article 12 — title

Observers

Scientific
  observers

Amendment 23

Proposal for a regulation

Article 12 — paragraph 1

| 1. | Each
  Member
  State shall assign scientific observers to the vessels to which
  a special fishing permit provided for in Article 3(1)
  is issued
  . The observers shall observe the fishing activities of the vessel throughout the execution of its fishing plan provided for in Article 4(1). |
| --- | --- |

1.

Each
  Member
  State shall assign scientific observers to the vessels to which
  a special fishing permit provided for in Article 3(1)
  is issued
  . The observers shall observe the fishing activities of the vessel throughout the execution of its fishing plan provided for in Article 4(1).

| 1. | A representative sample of the vessels to which the
  Member
  States have issued
  a special fishing permit provided for in Article 3(1)
  shall take a scientific observer on board. The total number of scientific observers shall be set by the Commission on a proposal from the Scientific, Technical and Economic Committee for Fisheries, on the basis of the zone and type of fishery. The number of scientific observers taken on board shall be proportionate to the number of vessels from each Member State which hold a special fishing permit. The Commission shall ensure a suitable rotation of scientific observers among the various vessels after each fishing trip.
  The
  scientific
  observers shall observe the fishing activities of the vessel throughout the execution of its fishing plan provided for in Article 4(1)
  and, in particular, shall perform the tasks referred to in paragraph 2
  . |
| --- | --- |

1.

A representative sample of the vessels to which the
  Member
  States have issued
  a special fishing permit provided for in Article 3(1)
  shall take a scientific observer on board. The total number of scientific observers shall be set by the Commission on a proposal from the Scientific, Technical and Economic Committee for Fisheries, on the basis of the zone and type of fishery. The number of scientific observers taken on board shall be proportionate to the number of vessels from each Member State which hold a special fishing permit. The Commission shall ensure a suitable rotation of scientific observers among the various vessels after each fishing trip.
  The
  scientific
  observers shall observe the fishing activities of the vessel throughout the execution of its fishing plan provided for in Article 4(1)
  and, in particular, shall perform the tasks referred to in paragraph 2
  .

Amendment 24

Proposal for a regulation

Article 12 — paragraph 3a (new)

| 3a. | The scientific observers shall be independent of the vessels or companies which they are observing. They shall have no financial or beneficial interests in those vessels or companies. They shall have no record of serious criminal offences, and shall have a sufficient level of knowledge of deep sea fishing methods and of the target species and ecosystems. |
| --- | --- |

3a.

Amendment 25

Proposal for a regulation

Article 13 — paragraph 1 — point aa (new)

| (aa) | the impact of fishing activities in accordance with Article 4(2); |
| --- | --- |

(aa)

Amendment 26

Proposal for a regulation

Article 13 — paragraph 2

| 2. | The Commission shall transmit the information contained in the report referred to in paragraph 1 to the relevant scientific bodies without delay. |
| --- | --- |

2.

The Commission shall transmit the information contained in the report referred to in paragraph 1 to the relevant scientific bodies without delay.

| 2. | The Commission shall transmit the information contained in the report referred to in paragraph 1 to the relevant scientific bodies without delay,
  and to those Member States which request the information
  . |
| --- | --- |

2.

The Commission shall transmit the information contained in the report referred to in paragraph 1 to the relevant scientific bodies without delay,
  and to those Member States which request the information
  .

Amendment 27

Proposal for a regulation

Article 14 — title

Follow-up

Review

Amendment 28

Proposal for a regulation

Article 14

The Commission shall submit to the European Parliament and to the Council a report on the implementation of this Regulation before
  30 June 2010
  . That report shall be accompanied where necessary by proposals for amendments to this Regulation.

The Commission shall submit to the European Parliament and to the Council a report on the implementation of this Regulation before
  30 June 2009
  . That report shall be accompanied where necessary by proposals for amendments to this Regulation.

Amendment 29

Proposal for a regulation

Article 15 — subparagraph 1

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

This Regulation shall enter into force on the thirtieth day following that of its publication in the Official Journal of the European Union.

---

| 26.11.2009 | EN | Official Journal of the European Union | CE 285/96 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/96

---

Thursday 5 June 2008Mobilisation of the EU Solidarity Fund

P6_TA(2008)0248

European Parliament resolution of 5 June 2008 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the EU Solidarity Fund in application of point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2008)0200 — C6-0164/2008 — 2008/2091(ACI))

2009/C 285 E/18

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0200 — C6-0164/2008),

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,

having regard to the result of the trialogue amongst the Commission and the two arms of the budgetary authority held on 16 April 2008,

having regard to the report of the Committee on Budgets (A6-0205/2008),

| 1. | Approves the decision annexed to this resolution; |
| --- | --- |

1.

Approves the decision annexed to this resolution;

| 2. | Strongly recommends to the Commission, where the EU Solidarity Fund is concerned, to submit amending budgets that have its mobilisation as their sole purpose in order to avoid any delay in the delivery of financial aid in cases of disaster; |
| --- | --- |

2.

Strongly recommends to the Commission, where the EU Solidarity Fund is concerned, to submit amending budgets that have its mobilisation as their sole purpose in order to avoid any delay in the delivery of financial aid in cases of disaster;

| 3. | Instructs its President to sign the decision with the President of the Council and arrange for publication of this decision in the Official Journal of the European Union; |
| --- | --- |

3.

Instructs its President to sign the decision with the President of the Council and arrange for publication of this decision in the Official Journal of the European Union;

| 4. | Instructs its President to forward this resolution, including its annex, to the Council and Commission. |
| --- | --- |

4.

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

---

(1)  OJ C 139, 14.6.2006, p. 1. Agreement as last amended by Decision 2008/371/EC of the European Parliament and of the Council (OJ L 128, 16.5.2008, p. 8).

---

Thursday 5 June 2008ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 5 June 2008

on the mobilisation of the EU Solidarity Fund in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,

Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),

Having regard to the proposal from the Commission,

Whereas:

| (1) | The European Union has created a European Union Solidarity Fund (‘the Fund’) to show solidarity with the population of regions struck by disasters. |
| --- | --- |

(1)

The European Union has created a European Union Solidarity Fund (‘the Fund’) to show solidarity with the population of regions struck by disasters.

| (2) | The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion. |
| --- | --- |

(2)

The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.

| (3) | Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised. |
| --- | --- |

(3)

Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.

| (4) | Greece submitted an application to mobilise the Fund, concerning a disaster caused by forest fires in August 2007. |
| --- | --- |

(4)

Greece submitted an application to mobilise the Fund, concerning a disaster caused by forest fires in August 2007.

| (5) | Slovenia submitted an application to mobilise the Fund, concerning a disaster caused by flooding in September 2007, |
| --- | --- |

(5)

Slovenia submitted an application to mobilise the Fund, concerning a disaster caused by flooding in September 2007,

HAVE DECIDED AS FOLLOWS:

Article 1

For the general budget of the European Union for the financial year 2008, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 98 023 212 in commitment and payment appropriations.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 5 June 2008

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 139, 14.6.2006, p. 1. Agreement as last amended by Decision 2008/371/EC of the European Parliament and of the Council (OJ L 128, 16.5.2008, p. 8).

1

(2)  OJ L 311, 14.11.2002, p. 3.

2

---

| 26.11.2009 | EN | Official Journal of the European Union | CE 285/98 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/98

---

Thursday 5 June 2008International carriage of passengers by coach and bus (recast) ***I

P6_TA(2008)0249

European Parliament legislative resolution of 5 June 2008 on the proposal for a regulation of the European Parliament and of the Council on common rules for access to the market for coach and bus services (recast) (COM(2007)0264 — C6-0147/2007 — 2007/0097(COD))

2009/C 285 E/19

(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0264),

having regard to Articles 251(2) and 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0147/2007),

having regard to the Interinstitutional Agreement of 28 November 2001 on a more structural 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 Rules 80a and 51 of its Rules of Procedure,

having regard to the report of the Committee on Transport and Tourism (A6-0037/2008),

| 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 Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

(1)  OJ C 77, 28.3.2002, p. 1.

---

Thursday 5 June 2008P6_TC1-COD(2007)0097

Position of the European Parliament adopted at first reading on 5 June 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 market for coach and bus services and amending Regulation (EC) No 561/2006 (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 ║,

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 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (4) and to Council Regulation (EC) No 12/98 of 11 December 1997 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (5). In the interests of clarity and simplification, those Regulations should be recast and incorporated into one single regulation. |
| --- | --- |

(1)

A number of substantial changes are to be made to Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (4) and to Council Regulation (EC) No 12/98 of 11 December 1997 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (5). In the interests of clarity and simplification, those Regulations should be recast and incorporated into one single regulation.

| (2) | The establishment of a common transport policy entails, inter alia, laying down common rules applicable to the international carriage of passengers by road as well as the conditions under which non-resident carriers may operate national transport services within a Member State. |
| --- | --- |

(2)

The establishment of a common transport policy entails, inter alia, laying down common rules applicable to the international carriage of passengers by road as well as the conditions under which non-resident carriers may operate national transport services within a Member State.

| (3) | To ensure a coherent framework for the international carriage of passengers by coach and bus 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 on the territory of the Member State of picking up or setting down 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. |
| --- | --- |

(3)

To ensure a coherent framework for the international carriage of passengers by coach and bus 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 on the territory of the Member State of picking up or setting down 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) | Freedom to provide services constitutes a basic principle of the common transport policy and requires that carriers from all Member States be guaranteed access to international transport markets without discrimination on grounds of nationality or place of establishment. |
| --- | --- |

(4)

Freedom to provide services constitutes a basic principle of the common transport policy and requires that carriers from all Member States be guaranteed access to international transport markets without discrimination on grounds of nationality or place of establishment.

| (5) | The international carriage of passengers by coach and bus should be conditional on the possession of a Community licence. Carriers 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 carrier is established. The conditions governing the issue of Community licences, their periods of validity and the detailed rules for their use should be laid down. It is also necessary to lay down detailed specifications as regards the layout and other features of the Community licence and the certified copies. |
| --- | --- |

(5)

The international carriage of passengers by coach and bus should be conditional on the possession of a Community licence. Carriers 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 carrier is established. The conditions governing the issue of Community licences, their periods of validity and the detailed rules for their use should be laid down. It is also necessary to lay down detailed specifications as regards the layout and other features of the Community licence and the certified copies.

| (6) | There should be provision for flexible arrangements subject to certain conditions for special regular services and certain occasional services, in order to satisfy market demand. |
| --- | --- |

(6)

There should be provision for flexible arrangements subject to certain conditions for special regular services and certain occasional services, in order to satisfy market demand.

| (7) | This Regulation should not apply either to carriers who have access only to their national market for coach and bus services or to the licences issued to those carriers by the Member States of establishment. |
| --- | --- |

(7)

This Regulation should not apply either to carriers who have access only to their national market for coach and bus services or to the licences issued to those carriers by the Member States of establishment.

| (8) | While maintaining authorisation arrangements for regular services, certain rules should be amended, particularly as regards authorisation procedures. |
| --- | --- |

(8)

While maintaining authorisation arrangements for regular services, certain rules should be amended, particularly as regards authorisation procedures.

| (9) | Authorisation of regular services should henceforth be granted unless there are clearly specified grounds for refusal attributable to the applicant. Only one ground for refusal relating to the relevant market should remain, namely that the service applied for would seriously affect the viability of a comparable service operated under a public service obligation on the direct sections concerned. |
| --- | --- |

(9)

Authorisation of regular services should henceforth be granted unless there are clearly specified grounds for refusal attributable to the applicant. Only one ground for refusal relating to the relevant market should remain, namely that the service applied for would seriously affect the viability of a comparable service operated under a public service obligation on the direct sections concerned.

| (10) | Non-resident carriers should be allowed to operate certain national road passenger services, bearing in mind the specific characteristics of each form of service. |
| --- | --- |

(10)

Non-resident carriers should be allowed to operate certain national road passenger services, bearing in mind the specific characteristics of each form of service.

| (11) | 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 (6) apply in cases where, for the provision of special regular services, carriers post workers, who have an employment relationship with those carriers, from the Member State where they ordinarily work. |
| --- | --- |

(11)

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 (6) apply in cases where, for the provision of special regular services, carriers post workers, who have an employment relationship with those carriers, from the Member State where they ordinarily work.

| (12) | Where regular services are concerned, only regular services provided as part of a regular international service, excluding urban and suburban services, should be opened up to non-resident carriers, subject to certain conditions, and in particular to the legislation in force in the host Member State. |
| --- | --- |

(12)

Where regular services are concerned, only regular services provided as part of a regular international service, excluding urban and suburban services, should be opened up to non-resident carriers, subject to certain conditions, and in particular to the legislation in force in the host Member State.

| (13) | It is desirable that Member States should grant each other mutual assistance with a view to the sound application of this Regulation. |
| --- | --- |

(13)

It is desirable that Member States should grant each other mutual assistance with a view to the sound application of this Regulation.

| (14) | 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 ▐ Member
  States
  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 in respect of any penalties imposed. |
| --- | --- |

(14)

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 ▐ Member
  States
  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 in respect of any penalties imposed.

| (15) | Member States should enter in their national register of road transport undertakings all serious infringements ▐ committed by carriers and which have led to the imposition of a penalty. |
| --- | --- |

(15)

Member States should enter in their national register of road transport undertakings all serious infringements ▐ committed by carriers and which have led to the imposition of a penalty.

| (16) | 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] (7). |
| --- | --- |

(16)

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] (7).

| (17) | 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). |
| --- | --- |

(17)

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).

| (18) | In particular, the Commission should be empowered to establish the format of certain documents to be used for the application of this Regulation and to adapt Annex I to technical progress. 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. |
| --- | --- |

(18)

In particular, the Commission should be empowered to establish the format of certain documents to be used for the application of this Regulation and to adapt Annex I to technical progress. 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.

| (19) | On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of those measures. |
| --- | --- |

(19)

On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of those measures.

| (20) | Member States should take the necessary measures to implement this Regulation, in particular as regards effective, proportionate and dissuasive penalties. |
| --- | --- |

(20)

Member States should take the necessary measures to implement this Regulation, in particular as regards effective, proportionate and dissuasive penalties.

| (21) | 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. |
| --- | --- |

(21)

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.

| (22) | To encourage coach tours specifically for tourists on low incomes and promote tourism in the regions there is a need to re-introduce the 12-day rule for round trips by coach as pointed out by the European Parliament in paragraph 78 of its resolution of 29 November 2007 on a renewed EU Tourism Policy: Towards a stronger partnership for European Tourism (9). For this reason Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006, on the harmonisation of certain social legislation relating to road transport (10), should be extended accordingly, |
| --- | --- |

(22)

To encourage coach tours specifically for tourists on low incomes and promote tourism in the regions there is a need to re-introduce the 12-day rule for round trips by coach as pointed out by the European Parliament in paragraph 78 of its resolution of 29 November 2007 on a renewed EU Tourism Policy: Towards a stronger partnership for European Tourism (9). For this reason Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006, on the harmonisation of certain social legislation relating to road transport (10), should be extended accordingly,

HAVE ADOPTED THIS REGULATION:

Chapter I

General provisions

Article 1

Scope

1.   This Regulation shall apply to the international carriage of passengers by coach and bus within the territory of the Community by carriers for hire or reward or own-account carriers established in a Member State in accordance with its law, using vehicles which are registered in that Member State and are suitable, by virtue of their construction and equipment, for carrying more than nine persons, including the driver, and are so intended, and to the movement of such empty vehicles in connection with such carriage.

Change of vehicle or interruption of carriage to enable part of a journey to be made by another means of transport shall not affect the application of this Regulation.

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 the journey on the territory of the Member State of picking up or setting down, 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 provisions relating to the carriage from a Member State to a third country and vice-versa contained in bilateral agreements concluded by Member States with those third countries. However, Member States shall adapt those agreements to ensure compliance with the principle of non-discrimination between Community carriers.

4.   This Regulation shall apply to national road passenger services for hire or reward operated on a temporary basis by a non-resident carrier as provided for in Chapter V.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

| (a) | ‘regular services’ means services which provide for the carriage of passengers at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points; |
| --- | --- |

(a)

‘regular services’ means services which provide for the carriage of passengers at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points;

| (b) | ‘special regular services’ means regular services, by whomsoever organised, which provide for the carriage of specified categories of passengers to the exclusion of other passengers; |
| --- | --- |

(b)

‘special regular services’ means regular services, by whomsoever organised, which provide for the carriage of specified categories of passengers to the exclusion of other passengers;

| (c) | ‘occasional services’ means services which do not fall within the definition of regular services, including special regular services and whose main characteristic is that they carry groups of passengers constituted on the initiative of the customer or the carrier himself; |
| --- | --- |

(c)

‘occasional services’ means services which do not fall within the definition of regular services, including special regular services and whose main characteristic is that they carry groups of passengers constituted on the initiative of the customer or the carrier himself;

| (d) | ‘own-account transport operations’ means operations carried out for non-commercial and non-profit-making purposes by a natural or legal person, whereby






  — | the transport activity is only an ancillary activity for that natural or legal person, |
| --- | --- | --- |

(d)

‘own-account transport operations’ means operations carried out for non-commercial and non-profit-making purposes by a natural or legal person, whereby

—

the transport activity is only an ancillary activity for that natural or legal person,

| — | the vehicles used are the property of that natural or legal person or have been obtained on deferred terms by them or have been the subject of a long-term leasing contract and are driven by a member of the staff of the natural or legal person or by the natural person himself; |
| --- | --- |

—

the vehicles used are the property of that natural or legal person or have been obtained on deferred terms by them or have been the subject of a long-term leasing contract and are driven by a member of the staff of the natural or legal person or by the natural person himself;

| (e) | ‘cabotage transport operations’ means national road passenger services for hire and reward carried out on a temporary basis by a carrier in a host Member State; |
| --- | --- |

(e)

‘cabotage transport operations’ means national road passenger services for hire and reward carried out on a temporary basis by a carrier in a host Member State;

| (f) | ‘host Member State’ means a Member State in which a carrier operates other than the Member State where the carrier is established; |
| --- | --- |

(f)

‘host Member State’ means a Member State in which a carrier operates other than the Member State where the carrier is established;

| (g) | ‘serious infringement ▐ of Community road transport legislation’ means infringements which,

  after they have been brought before a court, could
  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]. |
| --- | --- |

(g)

‘serious infringement ▐ of Community road transport legislation’ means infringements which,

  after they have been brought before a court, could
  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].

Article 3

Freedom to provide services

1.   Any carrier for hire or reward referred to in Article 1 shall be permitted in accordance with this Regulation to carry out regular services including special regular services and occasional services by coach and bus without discrimination as to nationality or place of establishment if he:

| (a) | is authorised in the Member State of establishment to undertake carriage by means of regular services including special regular services or occasional services by coach and bus in accordance with the market access conditions laid down by national legislation; |
| --- | --- |

(a)

is authorised in the Member State of establishment to undertake carriage by means of regular services including special regular services or occasional services by coach and bus in accordance with the market access conditions laid down by national legislation;

| (b) | satisfies the conditions laid down in accordance with Community rules on admission to the occupation of road passenger transport operator in national and international transport operations; |
| --- | --- |

(b)

satisfies the conditions laid down in accordance with Community rules on admission to the occupation of road passenger transport operator in national and international transport operations;

| (c) | meets legal requirements regarding the standards for drivers and vehicles as laid down, in particular, in Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community
   (11), 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), and 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
   (13). |
| --- | --- |

(c)

meets legal requirements regarding the standards for drivers and vehicles as laid down, in particular, in Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community
   (11), 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), and 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
   (13).

2.   Any own-account carrier referred to in Article 1 shall be permitted to carry out the transport services defined in Article 5(5) without discrimination as to nationality or place of establishment if he:

| (a) | is authorised in the Member State of establishment to undertake carriage by coach and bus in accordance with the market-access conditions laid down by national legislation; |
| --- | --- |

(a)

is authorised in the Member State of establishment to undertake carriage by coach and bus in accordance with the market-access conditions laid down by national legislation;

| (b) | meets legal requirements regarding the standards for drivers and vehicles as laid down, in particular, in Directives 92/6/EEC, 96/53/EC and 2003/59/EC. |
| --- | --- |

(b)

meets legal requirements regarding the standards for drivers and vehicles as laid down, in particular, in Directives 92/6/EEC, 96/53/EC and 2003/59/EC.

Chapter II

Community licence and market access

Article 4

Community licence

1.   International carriage of passengers by coach and bus, shall be carried out subject to a Community licence issued by the competent authorities of the Member State of establishment.

2.   The competent authorities of the Member State of establishment shall issue the holder with the original of the Community licence, which shall be kept by the carrier, and shall also issue the number of certified true copies corresponding to the number of vehicles used for the international carriage of passengers at the disposal of the holder of the Community licence, either in full ownership, or in another form, notably by virtue of an instalment-purchase contract, a hire contract or a leasing contract.

The Community licence and the certified true copies shall be in the format set out in Annex I.

They shall bear an engraved stamp or seal of the issuing authority as well as a 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 carrier.

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 27(2).

3.   The Community licence shall be established in the name of the carrier and shall be non-transferable. A certified true copy of the Community licence shall be carried in the vehicle and shall be presented at the request of any authorised inspecting officer.

4.   The Community licence shall be issued for a period of five years which shall be renewable.

Community licences and certified true copies issued before the date of application of this Regulation shall remain valid until the date of their expiry.

5.   When an application for a licence is submitted, and at least every five years thereafter, the competent authorities of the Member State of establishment shall verify whether the carrier meets or continues to meet the conditions laid down in Article 3(1).

6.   Where the conditions referred to in Article 3(1) are not met, the competent authorities of the Member State of establishment shall refuse to issue or renew or shall withdraw a Community licence by means of a reasoned decision.

7.   Member States shall guarantee the right of the applicant for, or holder of, a Community licence to appeal against a decision by the competent authorities of the Member State of establishment to refuse or withdraw this licence.

8.   Member States may decide that the Community licence shall also be valid for national transport operations.

Article 5

Access to the market

1.   Regular services shall be open to all, subject, where appropriate, to compulsory reservation.

They shall require authorisation in accordance with the provisions of Chapter III.

The regular nature of the service shall not be affected by any adjustment to the service operating conditions.

The organisation of parallel or temporary services, serving the same public as existing regular services, the non-serving of certain stops and the serving of additional stops on existing regular services shall be governed by the same rules as the existing regular services.

2.   Special regular services shall be operated under the conditions specified in paragraph 1. They shall include:

| (a) | the carriage of workers between home and work, |
| --- | --- |

(a)

the carriage of workers between home and work,

| (b) | carriage to and from an educational institution for school pupils and students. |
| --- | --- |

(b)

carriage to and from an educational institution for school pupils and students.

The fact that a special service may be varied according to the needs of users shall not affect its classification as a regular service.

Special regular services shall not require authorisation if they are covered by a contract concluded between the organiser and the carrier.

3.   Occasional services shall not require authorisation.

However, the organisation of parallel or temporary services comparable to existing regular services and serving the same public as the latter shall be subject to authorisation in accordance with the procedure laid down in Chapter III.

Occasional services shall not cease to be occasional services solely because they are provided at certain intervals.

Occasional services may be provided by a group of carriers acting on behalf of the same contractor, and travellers may catch a connection en route, with a different carrier of the same group, in the territory of one of the Member States.

The Commission shall establish the procedures for the communication of the names of such carriers and the connection points en route to the competent authorities of the Member States concerned. Since these measures are designed to amend non-essential elements of this Regulation, by supplementing it, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(2).

4.   Empty journeys by vehicles in connection with the transport operations referred to in paragraph 2, third subparagraph, and in paragraph 3 shall likewise not require authorisation.

5.   Own-account transport operations shall be exempt from any system of authorisation but shall be subject to a system of certificates.

The certificates shall be issued by the competent authorities of the Member State in which the vehicle is registered and shall be valid for the entire journey including transit.

The Commission shall establish the format of the certificates. Since these measures are designed to amend non-essential elements of this Regulation, by supplementing it, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(2).

Chapter III

Regular services subject to authorisation

Article 6

Nature of authorisation

1.   Authorisations shall be issued in the name of the carrier. They shall not be transferred by the latter to third parties. However, a carrier who has received an authorisation may, with the consent of the authority referred to in Article 7(1), operate the service through a sub-contractor. In this case, the name of the latter undertaking and its role as sub-contractor shall be indicated in the authorisation. The sub-contractor shall fulfil the conditions laid down in Article 3(1).

In the case of undertakings associated for the purpose of operating a regular service, the authorisation shall be issued in the names of all the undertakings. It shall be given to the undertaking that manages the operation and copies shall be given to the others. The authorisation shall state the names of all the operators.

2.   The period of validity of an authorisation shall not exceed five years. It may be set at less either at the request of the applicant or by mutual consent of the competent authorities of the Member States on whose territory passengers are picked up or set down.

3.   Authorisations shall specify the following:

| (a) | the type of service; |
| --- | --- |

(a)

the type of service;

| (b) | the route of the service, giving in particular the place of departure and the place of destination; |
| --- | --- |

(b)

the route of the service, giving in particular the place of departure and the place of destination;

| (c) | the period of validity of the authorisation; |
| --- | --- |

(c)

the period of validity of the authorisation;

| (d) | the stops and the timetable. |
| --- | --- |

(d)

the stops and the timetable.

4.   The Commission shall establish the format of the authorisations. Since these measures are designed to amend non-essential elements of this Regulation, by supplementing it, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(2).

5.   Authorisations shall entitle their holder(s) to operate regular services in the territories of all Member States over which the routes of the service pass.

6.   The operator of a regular service may use additional vehicles to deal with temporary and exceptional situations.
  It shall inform the Member State in whose territory the place of departure is situated of the reasons for any such temporary and exceptional situation.

In this case, the carrier shall ensure that the following documents are carried on the vehicle:

| (a) | a copy of the authorisation of the regular service; |
| --- | --- |

(a)

a copy of the authorisation of the regular service;

| (b) | a copy of the contract between the operator of the regular service and the undertaking providing the additional vehicles or an equivalent document; |
| --- | --- |

(b)

a copy of the contract between the operator of the regular service and the undertaking providing the additional vehicles or an equivalent document;

| (c) | a certified true copy of the Community licence issued to the operator of the regular service. |
| --- | --- |

(c)

a certified true copy of the Community licence issued to the operator of the regular service.

7.
     
  Member States may refrain from applying the authorisation procedure to cross-border regular services not extending more than 50 km beyond the border. They shall inform the Commission and neighbouring countries thereof.

Article 7

Submission of application for authorisation

1.   Applications for authorisation of regular services shall be submitted to the competent authorities of the Member State in whose territory the place of departure is situated.

2.   The Commission shall establish the format of the applications. Since these measures are designed to amend non-essential elements of this Regulation, by supplementing it, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(2).

3.   Persons applying for authorisation shall provide any further information which they consider relevant or which is requested by the authorising authority, in particular a driving schedule making it possible to monitor compliance with Community legislation on driving and rest periods and a copy of the Community licence for international carriage of passengers by road for hire or reward provided for in Article 4.

Article 8

Authorising procedure

1.   Authorisations shall be issued in agreement with the authorities of all the Member States in whose territories passengers are picked up or set down. The authorising authority shall forward to such authorities, as well as to the competent authorities of Member States whose territories are crossed without passengers being picked up or set down, a copy of the application, together with copies of any other relevant documentation, and its assessment.

2.   The competent authorities of the Member States whose agreement has been requested shall notify the authorising authority of their decision on the application within two months. This time limit shall be calculated from the date of receipt of the request for agreement which is shown in the acknowledgement of receipt. If the authorising authority does not receive a reply within two months, the authorities consulted shall be deemed to have given their agreement and the authorising authority may grant the authorisation.

3.   The authorising authority shall take a decision on the application within
  three months
  of the date of submission of the application by the carrier.

4.   Authorisation shall be granted unless:

| (a) | the applicant is unable to provide the service which is the subject of the application with equipment directly available to him; |
| --- | --- |

(a)

the applicant is unable to provide the service which is the subject of the application with equipment directly available to him;

| (b) | in the past the applicant has not complied with national or international legislation on road transport, and in particular the conditions and requirements relating to authorisations for international road passenger services, or has committed a serious infringement ▐ of legislation in regard to road safety, in particular with regard to the rules applicable to vehicles and driving and rest periods,

  and the infringement in question has led to a loss of good repute within the meaning of Regulation (EC) No .../2008 [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator]
  ; |
| --- | --- |

(b)

in the past the applicant has not complied with national or international legislation on road transport, and in particular the conditions and requirements relating to authorisations for international road passenger services, or has committed a serious infringement ▐ of legislation in regard to road safety, in particular with regard to the rules applicable to vehicles and driving and rest periods,

  and the infringement in question has led to a loss of good repute within the meaning of Regulation (EC) No .../2008 [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator]
  ;

| (c) | in the case of an application for renewal of authorisation, the conditions of authorisation have not been complied with; |
| --- | --- |

(c)

in the case of an application for renewal of authorisation, the conditions of authorisation have not been complied with;

| (d) | a Member State decides on the basis of a detailed analysis that the service concerned would seriously affect the viability of a comparable service operated under a public service contract which stipulates a public service obligation as defined in Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 ║ on public passenger transport services by rail and road ║ (14) on the direct sections concerned. |
| --- | --- |

(d)

a Member State decides on the basis of a detailed analysis that the service concerned would seriously affect the viability of a comparable service operated under a public service contract which stipulates a public service obligation as defined in Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 ║ on public passenger transport services by rail and road ║ (14) on the direct sections concerned.

▐

The fact that a carrier offers lower prices than are offered by other road carriers or the fact that the link in question is already operated by other road carriers shall not in itself constitute justification for rejecting the application.

5.   The authorising authority and the competent authorities of all the Member States involved in the procedure to reach the agreement provided for in paragraph 1 may refuse applications only on the basis of reasons provided for in this Regulation.

6.   Having completed the procedure laid down in paragraphs 1 to 5, the authorising authority shall grant the authorisation or formally refuse the application.

Decisions refusing an application shall state the reasons on which they are based. Member States shall ensure that transport undertakings are given the opportunity to make representations in the event of their application being refused.

The authorising authority shall inform all the authorities referred to in paragraph 1 of its decision, sending them a copy of any authorisation.

7.   If the procedure for reaching the agreement referred to in paragraph 1 does not enable the authorising authority to decide on an application, the matter may be referred to the Commission within the time-limit of one month calculated from the date of communication of a negative decision by one or more of the Member States consulted pursuant to paragraph 1.

8.   After having consulted the Member States concerned, the Commission shall within
  10 weeks

  of receipt of the communication from the authorising authority take a decision which shall take effect 30 days after the notification to the Member States concerned.

9.   The Commission decision shall continue to apply until such time as agreement is reached between the Member States concerned.

Article 9

Renewal and alteration of authorisation

Article 8 shall apply, mutatis mutandis, to applications for the renewal of authorisations or for alteration of the conditions under which the services subject to authorisation must be carried out.

In the event of a minor alteration to the operating conditions, in particular adjustment of intervals of fares and timetables, the authorising authority need only supply the other Member States concerned with information relating to the alteration.

The Member States concerned may agree that the authorising authority alone shall decide on alterations to the conditions under which a service is operated.

Article 10

Lapse of an authorisation

1.   Without prejudice to the provisions of Regulation (EC) No 1370/2007, an authorisation for a regular service shall lapse at the end of its period of validity or three months after the authorising authority has received notice from its holder of his intention to withdraw the service. Such notice shall contain a proper statement of reasons.

2.   Where demand for a service has ceased to exist, the period of notice provided for in paragraph 1 shall be one month.

3.   The authorising authority shall inform the competent authorities of the other Member States concerned that the authorisation has lapsed.

4.   The holder of the authorisation shall notify users of the service concerned of its withdrawal one month beforehand by means of appropriate publicity.

Article 11

Obligations of carriers

1.   Save in the event of force majeure, the operator of a regular service shall, until the authorisation expires, take all measures to guarantee a transport service that fulfils the standards of continuity, regularity and capacity and complies with the other conditions laid down by the competent authority in accordance with Article 6(3).

2.   The carrier shall display the route of the service, the bus stops, the timetable, the fares and the conditions of carriage in such a way as to ensure that such information is readily available to all users.

3.   Without prejudice to Regulation (EC) No 1370/2007, it shall be possible for the Member States concerned, by common agreement and in agreement with the holder of the authorisation, to make changes to the operating conditions governing a regular service.

Chapter IV

Occasional services and other services exempt from authorisation

Article 12

Control documents

1.   Occasional services shall be carried out under cover of a journey form with the exception of the services referred to in the second subparagraph of Article 5(3).

2.   A carrier operating occasional services shall fill out a journey form before each journey.

3.   The journey form shall contain at least the following information:

| (a) | the type of service; |
| --- | --- |

(a)

the type of service;

| (b) | the main itinerary; |
| --- | --- |

(b)

the main itinerary;

| (c) | the carrier(s) involved. |
| --- | --- |

(c)

the carrier(s) involved.

4.   The Commission shall establish the format of the journey form and the way in which it is to be used. Since these measures are designed to amend non-essential elements of this Regulation, by supplementing it, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(2).

The Commission and the Member States shall undertake to adopt the measures required to ensure that provisions concerning the journey form deriving from other agreements with third countries are brought into line, not later than 1 January 2010, with the provisions of this Regulation.

5.   The books of journey forms shall be supplied
  in an efficient and user-friendly manner
  by the competent authorities of the Member State where the transport undertaking is established or by bodies appointed by those authorities.

6.   The Commission shall establish the format of the book of journey forms and the way in which it is to be used. Since these measures are designed to amend non-essential elements of this Regulation, by supplementing it, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(2).

7.   In the case of the special regular services referred to in the third subparagraph of Article 5(2), the contract or a certified true copy of it shall serve as the control document.

Article 13

Local excursions

Within the framework of an international occasional service, a carrier may carry out occasional services (local excursions) in a Member State other than that in which it is established.

Such services shall be intended for ▐ passengers previously carried by the same carrier on one of the international services mentioned in the first paragraph and must be carried out with the same vehicle or another vehicle from the same carrier or group of carriers.

Chapter V

Cabotage

Article 14

Principle

1.   Any carrier who operates road passenger transport services for hire or reward and who holds a Community licence, shall be permitted, under the conditions laid down in this Chapter and without discrimination on grounds of the carrier's nationality or place of establishment, to operate the cabotage transport operations as specified in Article 15.

2.   A certified true copy of the Community licence shall be kept on board the vehicle and be produced when requested by an authorised inspecting officer.

Article 15

Authorised cabotage transport operations

Cabotage transport operations shall be authorised for the following services:

| (a) | special regular services provided that they are covered by a contract concluded between the organiser and the carrier; |
| --- | --- |

(a)

special regular services provided that they are covered by a contract concluded between the organiser and the carrier;

| (b) | occasional services; |
| --- | --- |

(b)

occasional services;

| (c) | regular services, performed by a carrier not resident in the host Member State in the course of a regular international service in accordance with this Regulation with the exception of transport services meeting the needs of an urban centre or conurbation, or transport needs between it and the surrounding areas. Cabotage transport operations shall not be performed independently of such an international service. |
| --- | --- |

(c)

regular services, performed by a carrier not resident in the host Member State in the course of a regular international service in accordance with this Regulation with the exception of transport services meeting the needs of an urban centre or conurbation, or transport needs between it and the surrounding areas. Cabotage transport operations shall not be performed independently of such an international service.

Article 16

Rules applicable to cabotage transport operations

1.   The performance of the cabotage transport operations referred to in Article 15 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 relation to 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 passengers, namely schoolchildren, children and persons with reduced mobility; |
| --- | --- |

(c)

requirements relating to the carriage of certain categories of passengers, namely schoolchildren, children and persons with reduced mobility;

| (d) | ▐ driving time and rest periods; |
| --- | --- |

(d)

▐ driving time and rest periods;

| (e) | VAT (value added tax) on transport services; |
| --- | --- |

(e)

VAT (value added tax) on transport services;

| (f) | in case of posting of workers as set out under Directive 96/71/EC
  . |
| --- | --- |

(f)

in case of 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 carrier'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 Directive 96/53/EC.

2.   Save as otherwise provided in Community legislation, cabotage transport operations which form part of the transport services provided for in Article 15(c) shall be subject to the laws, regulations and administrative provisions in force in the host Member State regarding authorisations, tendering procedures, the routes to be operated and the regularity, continuity and frequency of services as well as itineraries.

3.   The technical standards of construction and equipment which must be met by vehicles used to carry out cabotage transport operations shall be those laid down for vehicles put into circulation in international transport.

4.   The national laws, regulations and administrative provisions referred to in paragraphs 1 and 2 shall be applied by the Member States to non-resident carriers under the same conditions as are imposed on their own nationals, so as to prevent any discrimination on grounds of nationality or place of establishment.

Article 17

Control documents for cabotage transport operations

1.   Cabotage transport operations in the form of occasional services shall be carried out under cover of a journey form as referred to in Article 12 which must be kept on board the vehicle and be produced when requested by an authorised inspecting officer.

2.   The following information shall be entered in the journey form:

| (a) | the points of departure and destination of the service; |
| --- | --- |

(a)

the points of departure and destination of the service;

| (b) | the date of departure and the date on which the service ends. |
| --- | --- |

(b)

the date of departure and the date on which the service ends.

3.   The journey forms shall be supplied in books as referred to in Article 12 certified by the competent authority or agency in the Member State of establishment.

4.   In the case of special regular services, the contract concluded between the carrier and the transport organiser, or a certified true copy of the contract, shall serve as the control document.

However, a journey form shall be filled out in the form of a monthly statement.

5.   The journey forms used shall be returned to the competent authority or agency in the Member State of establishment in accordance with procedures to be laid down by that authority or agency.

Article 18

Safeguard measures

1.
     
  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 provide the Commission with the necessary information and notify it of the measures it intends to take as regards resident carriers.

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 carriers operating passenger transport services; |
| --- | --- |

—

‘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 carriers operating passenger transport services;

| — | ‘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, and after consulting the committee referred to in Article 27, 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. The measures introduced in accordance with this Article shall remain in force for a period not exceeding six months, renewable once. 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 shall be required to take measures of equivalent scope in respect of resident carriers 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 carriers 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.

Chapter VI

Controls and
  penalties

Article 19

Transport tickets

1.   Carriers operating a regular service, excluding special regular services, shall issue transport tickets, either individual or collective, which indicate:

| (a) | the points of departure and destination and, where appropriate, the return journey; |
| --- | --- |

(a)

the points of departure and destination and, where appropriate, the return journey;

| (b) | the period of validity of the ticket; |
| --- | --- |

(b)

the period of validity of the ticket;

| (c) | the price of transport. |
| --- | --- |

(c)

the price of transport.

2.   The transport ticket provided for in paragraph 1 shall be presented at the request of any authorised inspecting officer.

Article 20

Inspections on the road and in undertakings

1.   The authorisation or control document shall be carried on the vehicle and shall be presented at the request of any authorised inspecting officer.

2.   Carriers operating coaches and buses in international passenger transport shall allow all inspections intended to ensure that operations are being conducted correctly, in particular as regards driving and rest periods. In the context of the implementation of this Regulation, authorised inspecting officers shall be empowered to:

| (a) | check the books and other documentation relating to the operation of the transport undertaking; |
| --- | --- |

(a)

check the books and other documentation relating to the operation of the transport undertaking;

| (b) | make copies of, or take extracts from, the books and documentation on the premises; |
| --- | --- |

(b)

make copies of, or take extracts from, the books and documentation on the premises;

| (c) | have access to all the transport undertaking's premises, sites and vehicles; |
| --- | --- |

(c)

have access to all the transport undertaking's premises, sites and vehicles;

| (d) | require the production of any information contained in books, documentation or databases. |
| --- | --- |

(d)

require the production of any information contained in books, documentation or databases.

Article 21

Mutual assistance

Member States shall assist one another in applying 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 22

Withdrawal of Community licences and authorisations

1.   The competent authorities of the Member State where the carrier is established shall withdraw the Community licence provided for in Article 4 where the holder:

| (a) | no longer meets the conditions laid down in Article 3(1); |
| --- | --- |

(a)

no longer meets the conditions laid down in Article 3(1);

| (b) | has supplied inaccurate information concerning the data which were required for the issue of the Community licence. |
| --- | --- |

(b)

has supplied inaccurate information concerning the data which were required for the issue of the Community licence.

2.   The authorising authority shall withdraw an authorisation if the holder no longer fulfils the conditions on the basis of which the authorisation was issued under this Regulation, in particular where the Member State in which the carrier is established so requests. The authority shall immediately inform the competent authorities of the Member State concerned.

Article 23

Sanctioning of infringements by Member State of establishment

1.   In the event of a serious infringement ▐ of Community road transport legislation committed or ascertained in any Member State, in particular with regard to the rules applicable to vehicles, driving and rest periods for drivers and the provision without authorisation of parallel or temporary services, as referred to in Article 5(1), fourth subparagraph, the competent authorities of the Member State of establishment of the carrier who committed the infringement 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 having regard to the seriousness of the infringement committed by the holder of the Community licence and having regard to the total number of certified true copies that he possesses in respect of his international transport services.

2.   The competent authorities of the Member States shall prohibit a carrier from operating an international passenger service under this Regulation on their territory if he
  has committed
  serious infringements of Community road transport legislation,
  and once a final decision has been issued after all the legal possibilities for review open to the carrier have been exhausted,
  in particular with regard to the rules applicable to vehicles and driving and rest periods for drivers. They shall immediately inform the competent authorities of the Member State concerned.

3.   
  Where a serious infringement has been ascertained in
  the case referred to in Article 24(1) the competent authorities of the Member State of establishment shall decide
  what form of

  penalty shall be imposed on the carrier concerned. 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 from 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 competent authorities shall take into account any penalty already imposed in the Member State in which the infringements were ascertained and ensure that the penalties imposed on the carrier concerned are, as a whole, proportionate to the infringement or infringements which gave rise to such penalties.

The penalty imposed by the competent authorities of the Member State of establishment, after consulting the competent authorities of the host Member State in the case referred to in Article 24(1) may include the withdrawal of authorisation to pursue the occupation of road transport operator.

5.   The competent authorities of the Member State of establishment of the carrier may also, pursuant to its national law, bring proceedings against the carrier concerned before a competent national court or tribunal. They shall inform the competent authorities of the host Member State of the decisions taken to this effect.

6.   Member States shall ensure that carriers have the right to appeal against any administrative penalty imposed on them pursuant to this Article.

Article 24

Sanctioning of infringements by host Member State

1.   Where the competent authorities of a Member State are aware of a serious infringement ▐ of this Regulation or of Community road transport legislation attributable to a non-resident carrier, 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 receiving knowledge of the infringement 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 23.

2.   Without prejudice to criminal prosecution, the host Member State may impose penalties on non-resident carriers who have committed infringements of this Regulation or of Community or national transport regulations within its territory on the occasion of a cabotage transport operation. The penalties shall be imposed on a non-discriminatory basis and may, inter alia, consist of a warning and/or, in the event of a serious infringement, ▐ a temporary ban on cabotage transport operations within the territory of the host Member State where the infringement was committed
  , and/or the imposition of a fine
  .

3.   Member States shall ensure that carriers have the right to appeal against any administrative penalty imposed on them pursuant to this Article.

Article 25

Entry in national register

Member States shall ensure that serious infringements ▐ of Community road transport legislation committed by carriers established in their territory which have led to the imposition of a penalty as well as the sanctions imposed are recorded in the national register of road transport undertakings as established under 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 registry which concern a temporary or permanent withdrawal of a Community licence shall remain in the database for at least two years.

Chapter VII

Implementation

Article 26

Agreements between Member States

1.   Member States may conclude bilateral and multilateral agreements on the further liberalisation of the services covered by this Regulation, in particular as regards the authorisation system and the simplification or abolition of control documents.

2.   Member States shall inform the Commission of any agreements concluded under paragraph 1.

Article 27

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
   (15).

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 ║ (e) of Decision 1999/468/EC shall be one month.

Article 28

Penalties

The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation, and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by ... (16) at the latest and shall notify it without delay of any subsequent amendment affecting them.

They shall ensure that all such measures are applied without discrimination as to the nationality or place of establishment of the carrier.

Article 29

Reporting

1.   By 31 January each year Member States shall communicate to the Commission the number of authorisations for regular services issued the previous year and the total number of authorisations for regular services valid at the end of this reporting period. This information shall be given separately for each country of destination of the regular service. The Member States shall also communicate to the Commission the data concerning cabotage transport operations, in the form of special regular services and occasional services, carried out during the reporting period by resident carriers.

2.   By 31 January each year the competent authorities in the host Member State shall send the Commission statistics on the number of authorisations issued for cabotage transport operations in the form of the regular services referred to in Article 15(c).

3.   The Commission shall establish the format of the table to be used for the communication of the statistics referred to in paragraph 2. Since these measures are designed to amend non-essential elements of this Regulation, by supplementing it, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(2).

4.   Member States shall inform the Commission no later than 31 January of every year of the number of carriers holding a Community licence as at 31 December of the previous year and of the number of certified true copies corresponding to the number of vehicles in circulation on that date.

Article 30

Amendment to Regulation (EC) No 561/2006

The following paragraph shall be inserted in Article 8 of Regulation (EC) No 561/2006:

‘
  6a.
     
  By way of derogation from paragraph 6 and under the following conditions, a driver engaged in an international occasional transport service as defined in 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] (17), may postpone the weekly rest period for up to 12 consecutive 24-hour periods following a previous regular weekly rest period provided that:

| — | the international occasional transport service shall include at least 24 hours in a Member State or a third country other than the one in which the service started, and |
| --- | --- |

—

the international occasional transport service shall include at least 24 hours in a Member State or a third country other than the one in which the service started, and

| — | the weekly rest period after the use of the derogation shall always be at least a regular weekly rest period of 45 hours; a compensatory rest of 24 hours shall be taken en bloc before the end of the third week following the use of the derogation; the modalities and terms for taking this compensatory rest are to be established as appropriate at national level by the relevant stakeholders, and |
| --- | --- |

—

the weekly rest period after the use of the derogation shall always be at least a regular weekly rest period of 45 hours; a compensatory rest of 24 hours shall be taken en bloc before the end of the third week following the use of the derogation; the modalities and terms for taking this compensatory rest are to be established as appropriate at national level by the relevant stakeholders, and

| — | in the case of driving that takes place during the entire period from 22:00-06:00, the vehicle shall be double manned throughout or the driving period referred to in Article 7 shall be reduced to three hours, and |
| --- | --- |

—

in the case of driving that takes place during the entire period from 22:00-06:00, the vehicle shall be double manned throughout or the driving period referred to in Article 7 shall be reduced to three hours, and

| — | from 1 January 2014 onwards, the use of this derogation may only be possible when using vehicles equipped with recording equipment in accordance with the requirements of Annex IB to Regulation (EEC) No 3821/85. |
| --- | --- |

—

from 1 January 2014 onwards, the use of this derogation may only be possible when using vehicles equipped with recording equipment in accordance with the requirements of Annex IB to Regulation (EEC) No 3821/85.

Chapter VIII

Chapter VIII

Final provisions

Final provisions

Article 31

Repeals

Repeals

Regulations (EEC) No 684/92 and (EC) No 12/98 are 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 32

Entry into force

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
  .

1 January 2009

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ║

For the European Parliament

The President

For the Council

The President [...] [...]

---

(1)  OJ C 10, 15.1.2008, p. 44
  .

1

10, 15.1.2008, p. 44

(2)  OJ C ...

2

(3)  Position of the European Parliament of 5 June 2008.

3

Position of the European Parliament of 5 June 2008.

(4)  OJ L 74, 20.3.1992, p. 1. ║.

4

(5)  OJ L 4, 8.1.1998, p. 4.

5

(6)  OJ L 18, 21.1.1997, p. 1.

6

(7)  OJ L ...

7

(8)  OJ L 184, 17.7.1999, p. 23. ║.

8

(9)  
  Texts Adopted, P6_TA(2007)0575.

9

Texts Adopted, P6_TA(2007)0575.

(10)  

  OJ L 102, 11.4.2006, p. 1.

10

OJ L 102, 11.4.2006, p. 1.

(11)  OJ L 57, 2.3.1992, p. 27. ║.

11

(12)  OJ L 235, 17.9.1996, p. 59.

12

(13)  OJ L 226, 10.9.2003, p. 4.

13

(14)  OJ L 315, 3.12.2007, p. 1
  .

14

315, 3.12.2007, p. 1

(15)  OJ L 370, 31.12.1985, p. 8.

15

(16)  12 months from the date on which this Regulation enters into force.

16

12 months from the date on which this Regulation enters into force.

(17)  
  OJ L ...
  ’

17

OJ L ...

Thursday 5 June 2008ANNEX I

EUROPEAN COMMUNITY

(a)

(Light blue, format DIN A4 synthetic paper, 150g/m2 or more)

(First page of the licence)

(Text in the official language(s) or one of the official languages of the Member State issuing the licence)

| DISTINCTIVE SYMBOL OF THE MEMBER STATE (1) ISSUING THE LICENCE | DESIGNATION OF THE COMPETENT AUTHORITY OR BODY |
| --- | --- |

DISTINCTIVE SYMBOL OF THE MEMBER STATE (1) ISSUING THE LICENCE

DESIGNATION OF THE COMPETENT AUTHORITY OR BODY

LICENCE No ...

CERTIFIED TRUE COPY No

for the international carriage of passengers by coach and bus for hire or reward
  , and for cabotage transport operations

The holder of this licence (2) ...

...

...

is authorised to carry out international carriage of passengers by road for hire or reward in the territory of the Community pursuant to the conditions laid down by 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]
   (3) and in accordance with the general provisions of this licence.

Comments: ...

...

This licence is valid from ... to ...

Issued in ... on... (4)

General provisions

| 1. | This licence is issued pursuant to Regulation (EC) No .../2008 ║ [on common rules for access to the market for coach and bus services] |
| --- | --- |

1.

This licence is issued pursuant to Regulation (EC) No .../2008 ║ [on common rules for access to the market for coach and bus services]

| 2. | This licence is issued by the competent authorities of the Member State of establishment of the carrier for hire or reward who:






  (a) | is authorised in the Member State of establishment to undertake carriage by means of regular services, including special regular services or occasional services by coach and bus; |
| --- | --- | --- |

2.

This licence is issued by the competent authorities of the Member State of establishment of the carrier for hire or reward who:

(a)

is authorised in the Member State of establishment to undertake carriage by means of regular services, including special regular services or occasional services by coach and bus;

| (b) | satisfies the conditions laid down in accordance with Community rules on admission to the occupation of passenger transport operator in national and international transport operations; |
| --- | --- |

(b)

satisfies the conditions laid down in accordance with Community rules on admission to the occupation of passenger transport operator in national and international transport operations;

| (c) | meets legal requirements regarding the standards for drivers and vehicles. |
| --- | --- |

(c)

meets legal requirements regarding the standards for drivers and vehicles.

| 3. | This licence permits the international carriage of passengers by coach and bus for hire or reward on all transport links for journeys carried out in the territory of the Community:






  (a) | where the place of departure and place of destination are situated in two different Member States, with or without transit through one or more Member States or third countries; |
| --- | --- | --- |

3.

This licence permits the international carriage of passengers by coach and bus for hire or reward on all transport links for journeys carried out in the territory of the Community:

(a)

where the place of departure and place of destination are situated in two different Member States, with or without transit through one or more Member States or third countries;

| (b) | from a Member State to a third country and vice versa, with or without transit through one or more Member States or third countries; |
| --- | --- |

(b)

from a Member State to a third country and vice versa, with or without transit through one or more Member States or third countries;

| (c) | between third countries crossing the territory of one or more Member States in transit, |
| --- | --- |

(c)

between third countries crossing the territory of one or more Member States in transit,

and empty journeys in connection with transport operations under the conditions laid down by Regulation (EC) No .../2008 [on common rules for access to the market for coach and bus services].

In the case of a transport operation from a Member State to a third country and vice versa, Regulation (EC) No .../2008 [on common rules for access to the market for coach and bus services], is applicable, for the part of the journey on the territory of Member States crossed in transit. It does not apply to that part of the journey made in the territory of the Member State of picking up or setting down as long as the necessary agreement between the Community and the third country concerned has not been concluded.

| 4. | This licence is personal and non-transferable. |
| --- | --- |

4.

This licence is personal and non-transferable.

| 5. | This licence may be withdrawn by the competent authorities of the Member State of issue in particular where the carrier:






  (a) | no longer meets the conditions laid down in Article 3(1) of Regulation (EC) No .../2008 ... [on common rules for access to the market for coach and bus services]; |
| --- | --- | --- |

5.

This licence may be withdrawn by the competent authorities of the Member State of issue in particular where the carrier:

(a)

no longer meets the conditions laid down in Article 3(1) of Regulation (EC) No .../2008 ... [on common rules for access to the market for coach and bus services];

| (b) | has supplied inaccurate information regarding the data required for the issue or renewal of the licence; |
| --- | --- |

(b)

has supplied inaccurate information regarding the data required for the issue or renewal of the licence;

| (c) | has committed a serious infringement ▐ of Community road transport legislation in
  one or more
  Member
  States
  , in particular with regard to the rules applicable to vehicles, driving and rest periods for drivers and the provision, without authorisation, of parallel or temporary services as referred to in Article 5(1), fourth subparagraph, of Regulation (EC) No .../2008 [on common rules for access to the market for coach and bus services]. The competent authorities of the Member State of establishment of the carrier who committed the infringement may, inter alia, withdraw the Community licence or make temporary or permanent withdrawals of some or all of the certified true copies of the Community licence. |
| --- | --- |

(c)

has committed a serious infringement ▐ of Community road transport legislation in
  one or more
  Member
  States
  , in particular with regard to the rules applicable to vehicles, driving and rest periods for drivers and the provision, without authorisation, of parallel or temporary services as referred to in Article 5(1), fourth subparagraph, of Regulation (EC) No .../2008 [on common rules for access to the market for coach and bus services]. The competent authorities of the Member State of establishment of the carrier who committed the infringement may, inter alia, withdraw the Community licence or make temporary or permanent withdrawals of some or all of the certified true copies of the Community licence.

These penalties are determined in accordance with the seriousness of the breach committed by the holder of the Community licence and with the total number of certified true copies that he possesses in respect of his international transport services.

| 6. | The original of the licence must be kept by the carrier. A certified true copy of the licence must be carried on the vehicle carrying out an international transport operation. |
| --- | --- |

6.

The original of the licence must be kept by the carrier. A certified true copy of the licence must be carried on the vehicle carrying out an international transport operation.

| 7. | This licence must be presented at the request of any inspecting officer. |
| --- | --- |

7.

This licence must be presented at the request of any inspecting officer.

| 8. | The holder must, on the territory of each Member State, comply with the laws, regulations and administrative measures in force in that State, particularly with regard to transport and traffic. |
| --- | --- |

8.

The holder must, on the territory of each Member State, comply with the laws, regulations and administrative measures in force in that State, particularly with regard to transport and traffic.

| 9. | ‘Regular services’ means services which provide for the carriage of passengers at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points, and which are open to all, subject, where appropriate, to compulsory reservation.
  The regular nature of the service shall not be affected by any adjustment to the service operating conditions.
  Regular services require authorisation.
  ‘Special regular services’ means regular services which provide for the carriage of specified categories of passengers, to the exclusion of other passengers, at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points.
  Special regular services shall include:






  (a) | the carriage of workers between home and work; |
| --- | --- | --- |

9.

‘Regular services’ means services which provide for the carriage of passengers at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points, and which are open to all, subject, where appropriate, to compulsory reservation.

The regular nature of the service shall not be affected by any adjustment to the service operating conditions.

Regular services require authorisation.

‘Special regular services’ means regular services which provide for the carriage of specified categories of passengers, to the exclusion of other passengers, at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points.

Special regular services shall include:

(a)

the carriage of workers between home and work;

| (b) | carriage to and from an educational institution for school pupils and students. |
| --- | --- |

(b)

carriage to and from an educational institution for school pupils and students.

The fact that a special service may be varied according to the needs of users shall not affect its classification as a regular service.

Special regular services do not require authorisation if they are covered by a contract between the organiser and the carrier.

The organisation of parallel or temporary services, serving the same public as existing regular services, requires authorisation.

‘Occasional services’ means services which do not fall within the definition of regular services, including special regular services, and whose main characteristic is that they carry groups constituted on the initiative of a customer or of the carrier himself. The organisation of parallel or temporary services comparable to existing regular services and serving the same public as the latter shall be subject to authorisation in accordance with the procedure laid down in Chapter III of Regulation (EC) No .../2008 [on common rules for access to the market for coach and bus services]. These services shall not cease to be occasional services solely because they are provided at certain intervals.

Occasional services do not require authorisation.

---

(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)  Full name or business name and full address of the carrier.

(3)  OJ L ...

(4)  Signature and stamp of the competent authority or body issuing the licence.

Thursday 5 June 2008ANNEX II

CORRELATION TABLE

| Regulation (EEC) No 684/92 | Regulation (EC) No 12/98 | This Regulation |
| --- | --- | --- |
| Article 1 (1) | | Article 1(1) amended |
| - | | Article 1(4) new |
| Article 2 point 1.1. | | Article 2(a), Article 5(1) |
| Article 2 point 1.2. | | Article 2(b), Article 5(2) |
| Article 2 point 1.3. | | Article 5(3) |
| Article 2 point 3.1. | | Article 2(c), Article 5(3) |
| Article 2 point 3.3. | | Article 5(3) |
| Article 2 point 3.4. | | Article 5(3) |
| Article 2 point 4. | | Article 2(d), Article 5(5) |
| - | | Article 2(e), (f), (g) new |
| Article 3 | | Article 3 amended, Article 29 |
| Article 3a | | Article 4 |
| Article 4 | | Article 5 amended |
| Article 5 | | Article 6 |
| Article 6 | | Article 7 |
| Article 7 | | Article 8 amended |
| Article 8 | | Article 9 |
| Article 9 | | Article 10 amended |
| Article 10 | | Article 11 |
| Article 11 | | Article 12 |
| Article 12 | | Article 13 |
| Article 13 | | Article 5(5) amended |
| | Article 1 | Article 14 amended |
| | Article 2 | Article 2, Article 5 |
| | Article 3 | Article 15 |
| | Article 4(1) | Article 16(1) amended |
| | Article 4(2) | Article 16(2) |
| | Article 4(3) | Article 16(3) |
| | Article 4(4) | Article 16(4) |
| | Article 4(5) | - |
| | Article 5 | Article 4(3) |
| | Article 6 | Article 17 |
| | Article 7 | Article 29(3) amended |
| | Article 8 | Article 27 amended |
| | Article 9 | - |
| | Article 10 | Article 27 amended |
| - | - | Article 18 |
| Article 14 | | Article 19 amended |
| Article 15 | | Article 12, Article 20 |
| | Article 11(1) | Article 21 amended |
| Article 16(1) | | Article 22(1) |
| Article 16(2) | | Article 22(2) |
| Article 16(3) | | Article 23(1) amended |
| Article 16(4) | | Article 23(2) amended |
| Article 16(5) | | Article 25 |
| | | Article 24(1) new |
| | Article 11(2) | Article 24(2) |
| | Article 11(3) | Article 24(2) |
| | Article 11(4) | - |
| | Article 12 | Article 23, Article 24 |
| | Article 13 | - |
| Article 16a | | - |
| Article 17 | | - |
| Article 18 | | Article 26 |
| Article 19 | Article 14 | Article 28 |
| - | - | Article 30 |
| Article 21 | | Article 31 |
| Article 22 | Article 15 | Article 32 |
| Annex I | | Annex I |
| | | Annex II new |

Regulation (EEC) No 684/92

Regulation (EC) No 12/98

This Regulation

Article 1 (1)

Article 1(1) amended

-

Article 1(4) new

Article 2 point 1.1.

Article 2(a), Article 5(1)

Article 2 point 1.2.

Article 2(b), Article 5(2)

Article 2 point 1.3.

Article 5(3)

Article 2 point 3.1.

Article 2(c), Article 5(3)

Article 2 point 3.3.

Article 5(3)

Article 2 point 3.4.

Article 5(3)

Article 2 point 4.

Article 2(d), Article 5(5)

-

Article 2(e), (f), (g) new

Article 3

Article 3 amended, Article 29

Article 3a

Article 4

Article 4

Article 5 amended

Article 5

Article 6

Article 6

Article 7

Article 7

Article 8 amended

Article 8

Article 9

Article 9

Article 10 amended

Article 10

Article 11

Article 11

Article 12

Article 12

Article 13

Article 13

Article 5(5) amended

Article 1

Article 14 amended

Article 2

Article 2, Article 5

Article 3

Article 15

Article 4(1)

Article 16(1) amended

Article 4(2)

Article 16(2)

Article 4(3)

Article 16(3)

Article 4(4)

Article 16(4)

Article 4(5)

-

Article 5

Article 4(3)

Article 6

Article 17

Article 7

Article 29(3) amended

Article 8

Article 27 amended

Article 9

-

Article 10

Article 27 amended

-

-

Article 18

Article 14

Article 19 amended

Article 15

Article 12, Article 20

Article 11(1)

Article 21 amended

Article 16(1)

Article 22(1)

Article 16(2)

Article 22(2)

Article 16(3)

Article 23(1) amended

Article 16(4)

Article 23(2) amended

Article 16(5)

Article 25

Article 24(1) new

Article 11(2)

Article 24(2)

Article 11(3)

Article 24(2)

Article 11(4)

-

Article 12

Article 23, Article 24

Article 13

-

Article 16a

-

Article 17

-

Article 18

Article 26

Article 19

Article 14

Article 28

-

-

Article 30

Article 21

Article 31

Article 22

Article 15

Article 32

Annex I

Annex I

Annex II new

---

| 26.11.2009 | EN | Official Journal of the European Union | CE 285/122 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/122

---

Thursday 5 June 2008Hygiene of foodstuffs ***I

P6_TA(2008)0250

European Parliament legislative resolution of 5 June 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article79(3) of the Treaty establishing the European Economic Community and Regulation (EC) No852/2004 of the European Parliament and the Council on the hygiene of foodstuffs (COM(2007)0090 — C6-0211/2007 — 2007/0037B(COD))

2009/C 285 E/20

(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0090),

having regard to Article 251(2) and Article 152(4)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0211/2007),

having regard to the decision of the Conference of Presidents of 5 July 2007 to authorise the Committee on the Environment, Public Health and Food Safety and the Committee on Transport and Tourism to draw up one legislative report each on the basis of the abovementioned Commission proposal,

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

having regard to Rule 51 and 35 of its Rules of Procedure,

having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0143/2008),

| 1. | Approves the Commission proposal, as regards the hygiene of foodstuffs, as amended; |
| --- | --- |

1.

Approves the Commission proposal, as regards the hygiene of foodstuffs, 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.

---

Thursday 5 June 2008P6_TC1-COD(2007)0037B

Position of the European Parliament adopted at first reading on 5 June 2008 with a view to the adoption of Regulation
  (EC) No .../2008

  of the European Parliament and of the Council amending ▐ Regulation (EC) No 852/2004 ║on the hygiene of foodstuffs

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular▐ Article 95 and Article 152(4)(b) 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),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | Community policies on Better Regulation, in particular the Communications from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled‘A strategic review of Better Regulation in the European Union’ ║ and ║ ‘Action Programme for Reducing Administrative Burdens in the European Union’ ║, stress the importance of reducing the administrative burdens imposed on enterprises by existing legislation as a crucial element for improving their competitiveness and for achieving the objectives of the Lisbon agenda.
  ▐ |
| --- | --- |

(1)

Community policies on Better Regulation, in particular the Communications from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled‘A strategic review of Better Regulation in the European Union’ ║ and ║ ‘Action Programme for Reducing Administrative Burdens in the European Union’ ║, stress the importance of reducing the administrative burdens imposed on enterprises by existing legislation as a crucial element for improving their competitiveness and for achieving the objectives of the Lisbon agenda.

▐

| (2) | Article 5(1) of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs
   (4) requires that all food business operators put in place, implement and maintain a procedure based on the Hazard Analysis Critical Control Point (HACCP) principles. |
| --- | --- |

(2)

Article 5(1) of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs
   (4) requires that all food business operators put in place, implement and maintain a procedure based on the Hazard Analysis Critical Control Point (HACCP) principles.

| (3) | Experience has shown that in certain food businesses, food hygiene can be ensured by the correct implementation of the food hygiene requirements laid down in Regulation (EC) No 852/2004 without having recourse to the HACCP system. The businesses concerned are in particular small businesses predominantly selling their products directly to the final consumer, such as bakeries, butchers, grocery shops, market stalls, restaurants, and bars, which are micro-enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (5). |
| --- | --- |

(3)

Experience has shown that in certain food businesses, food hygiene can be ensured by the correct implementation of the food hygiene requirements laid down in Regulation (EC) No 852/2004 without having recourse to the HACCP system. The businesses concerned are in particular small businesses predominantly selling their products directly to the final consumer, such as bakeries, butchers, grocery shops, market stalls, restaurants, and bars, which are micro-enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (5).

| (4) | It is appropriate therefore to provide an exemption to those businesses from the requirements of Article 5(1) of Regulation (EC) No 852/2004, it being understood that they must comply with all the other requirements of that Regulation,
  ▐ |
| --- | --- |

(4)

It is appropriate therefore to provide an exemption to those businesses from the requirements of Article 5(1) of Regulation (EC) No 852/2004, it being understood that they must comply with all the other requirements of that Regulation,

▐

HAVE ADOPTED THIS REGULATION: ▐

Article 1

| (1) | In Regulation (EC) No 852/2004, the following new recital shall be inserted:








  ‘
  (15a) | It is important that the competent authorities allow for the implementation of the flexibility provided for in this Regulation, especially in Article 5(2)(g) and (5), in particular in relation to businesses which are micro-enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (6). |
| --- | --- | --- |

(1)

In Regulation (EC) No 852/2004, the following new recital shall be inserted:

‘
  (15a)

It is important that the competent authorities allow for the implementation of the flexibility provided for in this Regulation, especially in Article 5(2)(g) and (5), in particular in relation to businesses which are micro-enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (6).

| (2) | In Article 5(3) of Regulation (EC) No 852/2004, the following sentences shall be added:
  ‘Without prejudice to the other requirements of this Regulation, food business operators may be exempted from the requirement to put in place, implement and maintain a permanent procedure or procedures based on the HACCP principles. This exemption shall apply only to enterprises, particularly micro-enterprises, within the meaning of ║ Recommendation 2003/361/EC ║ and the activities of which consist predominantly of the direct sale of food to the final consumer, and provided that the competent authority considers, on the basis of a regular hazard analysis, either that there are no hazards that must be prevented, eliminated or reduced to acceptable levels, or that identified hazards are sufficiently and regularly controlled through the implementation of general and specific food hygiene requirements laid down in Article 4(2) to (6) of this Regulation. In requiring evidence of compliance with the requirements laid down in Article 4(2) to (6), the competent authority shall take due account of the nature and size of the food business operator.’ |
| --- | --- |

(2)

In Article 5(3) of Regulation (EC) No 852/2004, the following sentences shall be added:

‘Without prejudice to the other requirements of this Regulation, food business operators may be exempted from the requirement to put in place, implement and maintain a permanent procedure or procedures based on the HACCP principles. This exemption shall apply only to enterprises, particularly micro-enterprises, within the meaning of ║ Recommendation 2003/361/EC ║ and the activities of which consist predominantly of the direct sale of food to the final consumer, and provided that the competent authority considers, on the basis of a regular hazard analysis, either that there are no hazards that must be prevented, eliminated or reduced to acceptable levels, or that identified hazards are sufficiently and regularly controlled through the implementation of general and specific food hygiene requirements laid down in Article 4(2) to (6) of this Regulation. In requiring evidence of compliance with the requirements laid down in Article 4(2) to (6), the competent authority shall take due account of the nature and size of the food business operator.’

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ..., on ....

For the European Parliament

The President

For the Council

The President

---

(1)  
  OJ C 175, 27.7.2007, p. 37.

1

OJ C 175, 27.7.2007, p. 37.

(2)  OJ C ...

2

(3)  Position of the European Parliament of 5 June 2008.

3

Position of the European Parliament of 5 June 2008.

(4)  OJ L 139, 30.4.2004, p. 1; corrected version in OJ L 226, 25.6.2004, p. 3.

4

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

5

(6)  

  OJ L 124, 20.5.2003, p. 36.
  ’

6

OJ L 124, 20.5.2003, p. 36.

---

| 26.11.2009 | EN | Official Journal of the European Union | CE 285/125 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/125

---

Thursday 5 June 2008Prohibition on the use in stockfarming of certain substances having a hormonal or thyreostatic action and of beta agonists ***I

P6_TA(2008)0251

European Parliament legislative resolution of 5 June 2008 on the proposal for a directive of theEuropean Parliament and of the Council amending Council Directive 96/22/EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyreostatic action and of beta-agonists (COM(2007)0292 — C6-0154/2007 — 2007/0102(COD))

2009/C 285 E/21

(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0292),

having regard to Articles 251(2) and 152(4)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0154/2007),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Agriculture and Rural Development (A6-0067/2008),

| 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.

---

Thursday 5 June 2008P6_TC1-COD(2007)0102

Position of the European Parliament adopted at first reading on 5 June 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council amending Council Directive 96/22/EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyreostatic action and of beta-agonists

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2008/97/EC.)

---

| 26.11.2009 | EN | Official Journal of the European Union | CE 285/126 |
| --- | --- | --- | --- |

26.11.2009

EN

Official Journal of the European Union

CE 285/126

---

Thursday 5 June 2008Generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 *

P6_TA(2008)0252

European Parliament legislative resolution of 5 June 2008 on the proposal for a Council regulation applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 964/2007 and (EC) No 1100/2006 (COM(2007)0857 — C6-0051/2008 — 2007/0289(CNS))

2009/C 285 E/22

(Consultation procedure)

The European Parliament,

having regard to the Commission proposal to the Council (COM(2007)0857),

having regard to Article 133 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0051/2008),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on International Trade and the opinion of the Committee on Development (A6-0200/2008),

| 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 Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and Commission.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS |
| --- | --- |
| Amendment 1 |
| Proposal for a regulation — amending act


  Recital 1a (new) |
| | (1a) | Since its creation, the Generalised System of Preferences (GSP) has been one of the key EU trade and development policy instruments to assist developing countries reduce poverty by generating revenue through international trade and to contribute to their sustainable development by promoting industrial development and the diversification of their economies. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS

Amendment 1

Proposal for a regulation — amending act

Recital 1a (new)

(1a)

Amendment 2

Proposal for a regulation — amending act

Recital 2a (new)

| (2a) | The chief objective of EU development policy and, therefore, of the GSP scheme is to contribute — through a greater diversification of the economies of developing countries and their increased participation in global trade — to the achievement of the Millennium Development Goals (MDGs), eradication of poverty, promotion of sustainable development and good governance in developing countries. |
| --- | --- |

(2a)

Amendment 3

Proposal for a regulation — amending act

Recital 6a (new)

| (6a) | In order to increase the utilisation rate and the effectiveness of the GSP and to allow developing countries to reap the benefits of international trade and preferential arrangements, the European Union should strive to provide these countries, and in particular the least developed countries (LDCs), with adequate technical assistance. |
| --- | --- |

(6a)

Amendment 4

Proposal for a regulation — amending act

Recital 8a (new)

| (8a) | Support should be given, in the form of technical assistance, for the implementation of the conventions referred to in the special incentive arrangement for sustainable development and good governance. |
| --- | --- |

(8a)

Amendment 5

Proposal for a regulation — amending act

Recital 10a (new)

| (10a) | Developing countries which meet the criteria for eligibility for the special incentive arrangement to encourage sustainable development and good governance after 31 October 2008 should be entitled to benefit from the additional tariff preferences as soon as they meet those criteria. The Commission should rule on new requests on an annual basis. |
| --- | --- |

(10a)

Amendment 38

Proposal for a regulation — amending act

Recital 15

| (15) | Tariff duties on non-sensitive products should continue to be suspended, while duties on sensitive products should
  enjoy a tariff reduction, in order
  to ensure a satisfactory utilisation rate while at the same time taking account of the situation of the respective Community industries. |
| --- | --- |

(15)

Tariff duties on non-sensitive products should continue to be suspended, while duties on sensitive products should
  enjoy a tariff reduction, in order
  to ensure a satisfactory utilisation rate while at the same time taking account of the situation of the respective Community industries.

| (15) | Tariff duties on non-sensitive products should continue to be suspended, while duties on sensitive products should
  be set in such a way as
  to ensure a satisfactory utilisation rate while at the same time taking account of the situation of the respective Community industries. |
| --- | --- |

(15)

Tariff duties on non-sensitive products should continue to be suspended, while duties on sensitive products should
  be set in such a way as
  to ensure a satisfactory utilisation rate while at the same time taking account of the situation of the respective Community industries.

Amendment 6

Proposal for a regulation — amending act

Recital 15a (new)

| (15a) | In order to prevent the erosion of preferences, the Commission should consider transferring products currently classified as ‘sensitive’ to the ‘non-sensitive’ category in the next regulation. |
| --- | --- |

(15a)

Amendment 7

Proposal for a regulation — amending act

Recital 19

| (19) | For the sake of coherence in the Community's commercial policy, a beneficiary country should not benefit from both the scheme and a free-trade agreement, if that agreement covers at least all of the preferences provided for by the present scheme to that country. |
| --- | --- |

(19)

For the sake of coherence in the Community's commercial policy, a beneficiary country should not benefit from both the scheme and a free-trade agreement, if that agreement covers at least all of the preferences provided for by the present scheme to that country.

| (19) | For the sake of coherence in the Community's commercial policy, a beneficiary country should not benefit from both the scheme and a free-trade agreement, if that agreement covers,
  effectively implements and, where appropriate, consolidates
  at least all of the preferences provided for by the present scheme to that country. |
| --- | --- |

(19)

For the sake of coherence in the Community's commercial policy, a beneficiary country should not benefit from both the scheme and a free-trade agreement, if that agreement covers,
  effectively implements and, where appropriate, consolidates
  at least all of the preferences provided for by the present scheme to that country.

Amendment 8

Proposal for a regulation — amending act

Recital 21a (new)

| (21a) | The rules of origin should be reviewed to take account of inter-regional and global cumulation and the possibility of a country benefiting from preferential treatment under the GSP, the GSP+ and the ‘Everything But Arms’ (EBA) initiative, even if it is not the final destination of the export, provided that substantial value is added to the products in the country in question. In the course of this review, the ‘double transformation’ requirement for certain products should also be eliminated. |
| --- | --- |

(21a)

Amendment 9

Proposal for a regulation

Recital 21b (new)

| (21b) | The Commission should, as a matter of priority, strive within the World Trade Organization (WTO) to achieve an agreement harmonising the rules of origin, pursuant to which developing countries and the LDCs receive preferential treatment. |
| --- | --- |

(21b)

Amendment 37

Proposal for a regulation — amending act

Recital 21c (new)

| (21c) | Under Article 37(6) of the ACP-EU Partnership Agreement, the Commission undertook to look into all possible alternatives to enable countries which were not LDCs and had not signed an Economic Partnership Agreement to benefit from a new trade framework offering commercial preferences at least equivalent to those under the Cotonou Agreement. |
| --- | --- |

(21c)

Amendment 10

Proposal for a regulation — amending act

Article 3 — paragraph 1a (new)

| 1a. | On the basis of the latest comparable and adjusted data available at the time of adoption of this Regulation, the Commission shall establish which beneficiary countries meet the criteria set out in paragraph 1. |
| --- | --- |

1a.

Amendment 11

Proposal for a regulation — amending act

Article 3 — paragraph 1b (new)

| 1b. | Each year the Commission shall publish a notice in the Official Journal of the European Union listing the beneficiary countries which meet the criteria set out in paragraph 1. |
| --- | --- |

1b.

Amendment 12

Proposal for a regulation — amending act

Article 3 — paragraph 2

| 2. | When a beneficiary country benefits from a preferential commercial agreement with the Community
  which covers
  at least all of the preferences provided for by the scheme to that country,
  it shall be removed from the list of beneficiary countries. |
| --- | --- |

2.

When a beneficiary country benefits from a preferential commercial agreement with the Community
  which covers
  at least all of the preferences provided for by the scheme to that country,
  it shall be removed from the list of beneficiary countries.

| 2. | When a beneficiary country benefits from a preferential commercial agreement with the Community
  , the application of the commercial agreement shall take precedence over the application of the scheme provided that the agreement effectively implements and, where appropriate, consolidates
  at least all of the preferences provided for by the scheme to that country.
  A commercial agreement with the Community shall not preclude eligibility for the special incentive arrangement set out in Articles 7 to 10. |
| --- | --- |

2.

When a beneficiary country benefits from a preferential commercial agreement with the Community
  , the application of the commercial agreement shall take precedence over the application of the scheme provided that the agreement effectively implements and, where appropriate, consolidates
  at least all of the preferences provided for by the scheme to that country.
  A commercial agreement with the Community shall not preclude eligibility for the special incentive arrangement set out in Articles 7 to 10.

Amendment 13

Proposal for a regulation — amending act

Article 3 — paragraph 3

| 3. | The Commission shall notify
  a beneficiary country
  of its removal
  from the list of beneficiary countries. |
| --- | --- |

3.

The Commission shall notify
  a beneficiary country
  of its removal
  from the list of beneficiary countries.

| 3. | Where
  a beneficiary country
  is removed
  from the list of beneficiary countries
  , the Commission shall notify the country in question and the European Parliament. |
| --- | --- |

3.

Where
  a beneficiary country
  is removed
  from the list of beneficiary countries
  , the Commission shall notify the country in question and the European Parliament.

Amendment 14

Proposal for a regulation — amending act

Article 3 — paragraph 3a (new)

| 3a. | In order to improve the impact of the scheme, the Commission shall provide developing countries, and especially LDCs, with adequate technical assistance for building the institutional and regulatory capacity required to reap the benefits of international trade and the GSP. |
| --- | --- |

3a.

Amendment 15

Proposal for a regulation

Article 5 — paragraph 2

| 2. | For the purposes of the arrangements referred to in Article 1(2), the rules of origin concerning the definition of the concept of originating products, the procedures and the methods of administrative cooperation related thereto, shall be those laid down in Regulation (EEC) No 2454/93. |
| --- | --- |

2.

For the purposes of the arrangements referred to in Article 1(2), the rules of origin concerning the definition of the concept of originating products, the procedures and the methods of administrative cooperation related thereto, shall be those laid down in Regulation (EEC) No 2454/93.

| 2. | For the purposes of the arrangements referred to in Article 1(2), the rules of origin concerning the definition of the concept of originating products, the procedures and the methods of administrative cooperation related thereto, shall be those laid down in Regulation (EEC) No 2454/93.
  The form, substance and procedures of the system of rules of origin shall be subject to regular revision in order to evaluate its effect on GSP utilisation rates and to better serve the purpose of promoting economic development. |
| --- | --- |

2.

For the purposes of the arrangements referred to in Article 1(2), the rules of origin concerning the definition of the concept of originating products, the procedures and the methods of administrative cooperation related thereto, shall be those laid down in Regulation (EEC) No 2454/93.
  The form, substance and procedures of the system of rules of origin shall be subject to regular revision in order to evaluate its effect on GSP utilisation rates and to better serve the purpose of promoting economic development.

Amendment 16

Proposal for a regulation — amending act

Article 5 — paragraph 3a (new)

| 3a. | The Commission shall give priority within the WTO to harmonising rules of origin which introduce preferential treatment for developing countries and LDCs. |
| --- | --- |

3a.

Amendment 17

Proposal for a regulation — amending act

Article 7 — paragraph 3a (new)

| 3a. | Technical assistance shall also be provided to help eligible developing countries comply with the ratification and effective implementation requirements of the new special incentive arrangement for sustainable development and good governance. |
| --- | --- |

3a.

Amendment 18

Proposal for a regulation — amending act

Article 8 — paragraph 3

| 3. | The Commission shall keep under review the status of ratification and effective implementation of the conventions listed in Annex III. Before the end of the period of application of this Regulation and in time for discussion on the next Regulation, the Commission shall present, to the Council, a report on the status of ratification of such conventions,
  including
  recommendations by monitoring bodies. |
| --- | --- |

3.

The Commission shall keep under review the status of ratification and effective implementation of the conventions listed in Annex III. Before the end of the period of application of this Regulation and in time for discussion on the next Regulation, the Commission shall present, to the Council, a report on the status of ratification of such conventions,
  including
  recommendations by monitoring bodies.

| 3. | The Commission shall keep under review the status of ratification and effective implementation of the conventions listed in Annex III. Before the end of the period of application of this Regulation and in time for discussion on the next Regulation, the Commission shall present, to the
  European Parliament and to the
  Council, a report on the status of ratification
  and implementation
  of such conventions,
  by each country benefiting from the special incentive arrangement. Where appropriate, the Commission shall include
  recommendations by monitoring bodies
  on whether additional steps for the effective implementation of a convention should be taken by a specific country.




  In its report the Commission shall also evaluate the effectiveness of the special incentive arrangement in fulfilling its aim and recommend, where appropriate, the revision of Annex III. |
| --- | --- |

3.

The Commission shall keep under review the status of ratification and effective implementation of the conventions listed in Annex III. Before the end of the period of application of this Regulation and in time for discussion on the next Regulation, the Commission shall present, to the
  European Parliament and to the
  Council, a report on the status of ratification
  and implementation
  of such conventions,
  by each country benefiting from the special incentive arrangement. Where appropriate, the Commission shall include
  recommendations by monitoring bodies
  on whether additional steps for the effective implementation of a convention should be taken by a specific country.

In its report the Commission shall also evaluate the effectiveness of the special incentive arrangement in fulfilling its aim and recommend, where appropriate, the revision of Annex III.

Amendment 19

Proposal for a regulation — amending act

Article 9 — paragraph 1 — point a

| (a) | a country or territory listed in Annex I must have made a request to that effect by 31 October 2008, and |
| --- | --- |

(a)

a country or territory listed in Annex I must have made a request to that effect by 31 October 2008, and

| (a) | a country or territory listed in Annex I must have made a request to that effect by 31 October 2008
  , or, in the case of countries or territories fulfilling the conditions of Article 8(1) and (2), after that date, on an annual basis
  , and |
| --- | --- |

(a)

a country or territory listed in Annex I must have made a request to that effect by 31 October 2008
  , or, in the case of countries or territories fulfilling the conditions of Article 8(1) and (2), after that date, on an annual basis
  , and

Amendment 20

Proposal for a regulation — amending act

Article 10 — paragraph 1

| 1. | The Commission shall examine the request accompanied by the information referred to in Article 9(2). When examining the request the Commission shall take account of the findings of the relevant international organisations and agencies. It may ask the requesting country any questions which it considers relevant, and
  may
  verify the information received with the requesting country or with any other relevant sources. |
| --- | --- |

1.

The Commission shall examine the request accompanied by the information referred to in Article 9(2). When examining the request the Commission shall take account of the findings of the relevant international organisations and agencies. It may ask the requesting country any questions which it considers relevant, and
  may
  verify the information received with the requesting country or with any other relevant sources.

| 1. | The Commission shall examine the request accompanied by the information referred to in Article 9(2). When examining the request the Commission shall take account of the findings of the relevant international organisations and agencies. It may ask the requesting country any questions which it considers relevant, and
  shall
  verify the information received with the requesting country or with any other relevant sources
  including the European Parliament and representatives of civil society, including the social partners. |
| --- | --- |

1.

The Commission shall examine the request accompanied by the information referred to in Article 9(2). When examining the request the Commission shall take account of the findings of the relevant international organisations and agencies. It may ask the requesting country any questions which it considers relevant, and
  shall
  verify the information received with the requesting country or with any other relevant sources
  including the European Parliament and representatives of civil society, including the social partners.

Amendment 21

Proposal for a regulation — amending act

Article 10 — paragraph 3

| 3. | The Commission shall notify a requesting country of a decision taken in accordance with paragraph 2. Where a country is granted the special incentive arrangement, it shall be informed of the date on which that decision enters into force. The Commission shall, by 15 December 2008, publish a notice in the Official Journal of the European Union, listing the countries benefiting from the special incentive arrangement for sustainable development and good governance. |
| --- | --- |

3.

The Commission shall notify a requesting country of a decision taken in accordance with paragraph 2. Where a country is granted the special incentive arrangement, it shall be informed of the date on which that decision enters into force. The Commission shall, by 15 December 2008, publish a notice in the Official Journal of the European Union, listing the countries benefiting from the special incentive arrangement for sustainable development and good governance.

| 3. | The Commission shall notify a requesting country of a decision taken in accordance with paragraph 2. Where a country is granted the special incentive arrangement, it shall be informed of the date on which that decision enters into force. The Commission shall, by 15 December 2008, publish a notice in the Official Journal of the European Union
  to be updated on an annual basis
  , listing the countries benefiting from the special incentive arrangement for sustainable development and good governance. |
| --- | --- |

3.

The Commission shall notify a requesting country of a decision taken in accordance with paragraph 2. Where a country is granted the special incentive arrangement, it shall be informed of the date on which that decision enters into force. The Commission shall, by 15 December 2008, publish a notice in the Official Journal of the European Union
  to be updated on an annual basis
  , listing the countries benefiting from the special incentive arrangement for sustainable development and good governance.

Amendment 22

Proposal for a regulation — amending act

Article 10 — paragraph 4

| 4. | Where a requesting country is not granted the special incentive arrangement, the Commission shall give the reasons,
  if that
  country
  so requests
  . |
| --- | --- |

4.

Where a requesting country is not granted the special incentive arrangement, the Commission shall give the reasons,
  if that
  country
  so requests
  .

| 4. | Where a requesting country is not granted the special incentive arrangement, the Commission shall give the reasons
  and inform the requesting
  country
  , and the European Parliament, thereof. |
| --- | --- |

4.

Where a requesting country is not granted the special incentive arrangement, the Commission shall give the reasons
  and inform the requesting
  country
  , and the European Parliament, thereof.

Amendment 23

Proposal for a regulation

Article 17 — paragraph –1 (new)

| –1. | The Commission shall regularly check that the commitments of beneficiary countries are being honoured and that none of the reasons set out in Article 15(1) and (2) and Article 16 (1) and (2) for the temporary withdrawal of preferential arrangements applies. It shall publish an annual report on temporary withdrawals and send it to the European Parliament, the Council, and the Member States. |
| --- | --- |

–1.

Amendment 24

Proposal for a regulation — amending act

Article 17 — paragraph 1

| 1. | Where the Commission or a Member State receives information that may justify temporary withdrawal and where the Commission or a Member State considers that there are sufficient grounds for an investigation, it shall inform the Committee and request consultations. The consultations shall take place within one month. |
| --- | --- |

1.

Where the Commission or a Member State receives information that may justify temporary withdrawal and where the Commission or a Member State considers that there are sufficient grounds for an investigation, it shall inform the Committee and request consultations. The consultations shall take place within one month.

| 1. | Where
  the European Parliament
  the Commission or a Member State receives information that may justify temporary withdrawal and where the
  European Parliament, the
  Commission or a Member State considers that there are sufficient grounds for an investigation, it shall inform the Committee
  and the European Parliament
  and request consultations. The consultations shall take place within one month. |
| --- | --- |

1.

Where
  the European Parliament
  the Commission or a Member State receives information that may justify temporary withdrawal and where the
  European Parliament, the
  Commission or a Member State considers that there are sufficient grounds for an investigation, it shall inform the Committee
  and the European Parliament
  and request consultations. The consultations shall take place within one month.

Amendment 25

Proposal for a regulation — amending act

Article 17 — paragraph 2

| 2. | Following the consultations, the Commission may decide, within one month's time and in accordance with the procedure referred to in Article 27(5), to initiate an investigation. |
| --- | --- |

2.

Following the consultations, the Commission may decide, within one month's time and in accordance with the procedure referred to in Article 27(5), to initiate an investigation.

| 2. | Following the consultations, the Commission may decide, within one month's time and in accordance with the procedure referred to in Article 27(5), to initiate an investigation.
  In the light of the reasons set out in Article 15(1)(a), the Commission shall automatically open an inquiry in any case where the ILO Committee on the Application of Standards devotes a ‘special paragraph’ to a beneficiary country which does not comply with fundamental labour standards. |
| --- | --- |

2.

Following the consultations, the Commission may decide, within one month's time and in accordance with the procedure referred to in Article 27(5), to initiate an investigation.
  In the light of the reasons set out in Article 15(1)(a), the Commission shall automatically open an inquiry in any case where the ILO Committee on the Application of Standards devotes a ‘special paragraph’ to a beneficiary country which does not comply with fundamental labour standards.

Amendment 26

Proposal for a regulation

Article 18 — paragraph 3

| 3. | The Commission shall seek all information it considers necessary, including the available assessments, comments, decisions, recommendations and conclusions of the relevant supervisory bodies of the UN, the ILO and other competent international organisations. These shall serve as the point of departure for the investigation into whether temporary withdrawal is justified for the reason referred to in Article 15(1)(a). The Commission may verify the information received with economic operators and the beneficiary country concerned. |
| --- | --- |

3.

The Commission shall seek all information it considers necessary, including the available assessments, comments, decisions, recommendations and conclusions of the relevant supervisory bodies of the UN, the ILO and other competent international organisations. These shall serve as the point of departure for the investigation into whether temporary withdrawal is justified for the reason referred to in Article 15(1)(a). The Commission may verify the information received with economic operators and the beneficiary country concerned.

| 3. | The Commission shall seek all information it considers necessary, including the available assessments, comments, decisions, recommendations and conclusions
  of the other European institutions and
  of the relevant supervisory bodies of the UN, the ILO and other competent international organisations. These shall serve as the point of departure for the investigation into whether temporary withdrawal is justified for the reason referred to in Article 15(1)(a). The Commission may verify the information received with economic operators
  , representatives of civil society (including the social partners)
  and the beneficiary country concerned. |
| --- | --- |

3.

The Commission shall seek all information it considers necessary, including the available assessments, comments, decisions, recommendations and conclusions
  of the other European institutions and
  of the relevant supervisory bodies of the UN, the ILO and other competent international organisations. These shall serve as the point of departure for the investigation into whether temporary withdrawal is justified for the reason referred to in Article 15(1)(a). The Commission may verify the information received with economic operators
  , representatives of civil society (including the social partners)
  and the beneficiary country concerned.

Amendment 27

Proposal for a regulation

Article 19 — paragraph 1

| 1. | The Commission shall submit a report on its findings to the Committee. |
| --- | --- |

1.

The Commission shall submit a report on its findings to the Committee.

| 1. | The Commission shall submit a report on its findings to the Committee
  and to the European Parliament. |
| --- | --- |

1.

The Commission shall submit a report on its findings to the Committee
  and to the European Parliament.

Amendment 28

Proposal for a regulation

Article 19 — paragraph 4

| 4. | Where the Commission considers temporary withdrawal to be necessary, it shall submit an appropriate proposal to the Council which shall decide within two month's time by a qualified majority. In the case referred to in paragraph 3, the Commission shall submit its proposal at the end of the period referred to in that paragraph. |
| --- | --- |

4.

Where the Commission considers temporary withdrawal to be necessary, it shall submit an appropriate proposal to the Council which shall decide within two month's time by a qualified majority. In the case referred to in paragraph 3, the Commission shall submit its proposal at the end of the period referred to in that paragraph.

| 4. | Where the Commission considers temporary withdrawal to be necessary, it shall submit —
  after having informed the European Parliament
  — an appropriate proposal to the Council which shall decide within two month's time by a qualified majority. In the case referred to in paragraph 3, the Commission shall submit its proposal at the end of the period referred to in that paragraph. |
| --- | --- |

4.

Where the Commission considers temporary withdrawal to be necessary, it shall submit —
  after having informed the European Parliament
  — an appropriate proposal to the Council which shall decide within two month's time by a qualified majority. In the case referred to in paragraph 3, the Commission shall submit its proposal at the end of the period referred to in that paragraph.

Amendment 29

Proposal for a regulation — amending act

Article 20 — paragraph 7

| 7. | Where exceptional circumstances requiring immediate action make an investigation impossible, the Commission may, after informing the Committee, take any preventive measure which is strictly necessary. |
| --- | --- |

7.

Where exceptional circumstances requiring immediate action make an investigation impossible, the Commission may, after informing the Committee, take any preventive measure which is strictly necessary.

| 7. | Where exceptional circumstances requiring immediate action make an investigation impossible, the Commission may, after informing the Committee
  and the European Parliament
  , take any preventive measure which is strictly necessary. |
| --- | --- |

7.

Where exceptional circumstances requiring immediate action make an investigation impossible, the Commission may, after informing the Committee
  and the European Parliament
  , take any preventive measure which is strictly necessary.

Amendment 30

Proposal for a regulation — amending act

Article 21

Where imports of products included in Annex I to the Treaty cause, or threaten to cause, serious disturbance to Community markets, in particular to one or more of the outermost regions, or these markets’ regulatory mechanisms, the Commission, on its own initiative or at the request of a Member State, may suspend the preferential arrangements in respect of the products concerned after consulting the management committee for the relevant common market organisation.

Where imports of products included in Annex I to the Treaty cause, or threaten to cause, serious disturbance to Community markets, in particular to one or more of the outermost regions, or these markets’ regulatory mechanisms, the Commission, on its own initiative or at the request of a Member State
  or of the European Parliament
  , may suspend the preferential arrangements in respect of the products concerned after consulting the management committee for the relevant common market organisation.

Amendment 31

Proposal for a regulation — amending act

Article 22 — paragraph 1

| 1. | The Commission shall inform the beneficiary country concerned as soon as possible of any decision taken in accordance with Article 20 or 21 before it becomes effective. The Commission shall also notify the Council and the Member States thereof. |
| --- | --- |

1.

The Commission shall inform the beneficiary country concerned as soon as possible of any decision taken in accordance with Article 20 or 21 before it becomes effective. The Commission shall also notify the Council and the Member States thereof.

| 1. | The Commission shall inform the beneficiary country concerned as soon as possible of any decision taken in accordance with Article 20 or 21 before it becomes effective. The Commission shall also notify
  the European Parliament,
  the Council and the Member States thereof. |
| --- | --- |

1.

The Commission shall inform the beneficiary country concerned as soon as possible of any decision taken in accordance with Article 20 or 21 before it becomes effective. The Commission shall also notify
  the European Parliament,
  the Council and the Member States thereof.

Amendment 32

Proposal for a regulation — amending act

Article 22 — paragraph 2

| 2. | Any Member State may refer a decision taken in accordance with Article 20 or 21 to the Council within one month's time. The Council, acting by qualified majority, may adopt a different decision within one month. |
| --- | --- |

2.

Any Member State may refer a decision taken in accordance with Article 20 or 21 to the Council within one month's time. The Council, acting by qualified majority, may adopt a different decision within one month.

| 2. | Any Member State
  , or the European Parliament
  , may refer a decision taken in accordance with Article 20 or 21 to the Council within one month's time. The Council, acting by qualified majority, may adopt a different decision within one month.
  Where appropriate, the Council shall inform the requesting country and the European Parliament of its decision. |
| --- | --- |

2.

Any Member State
  , or the European Parliament
  , may refer a decision taken in accordance with Article 20 or 21 to the Council within one month's time. The Council, acting by qualified majority, may adopt a different decision within one month.
  Where appropriate, the Council shall inform the requesting country and the European Parliament of its decision.

Amendment 33

Proposal for a regulation — amending act

Article 25 — point e

| (e) | for the establishment, by 15 December 2008 at the latest, of the list of beneficiary countries in accordance with Article 10. |
| --- | --- |

(e)

for the establishment, by 15 December 2008 at the latest, of the list of beneficiary countries in accordance with Article 10.

| (e) | for the establishment, by 15 December 2008, at the latest, of the list of beneficiary countries
  to be updated on an annual basis
  in accordance with Article 10. |
| --- | --- |

(e)

for the establishment, by 15 December 2008, at the latest, of the list of beneficiary countries
  to be updated on an annual basis
  in accordance with Article 10.

Amendment 34

Proposal for a regulation — amending act

Article 26a (new)

Article 26a

1.
     
  The Commission shall keep the European Parliament regularly informed with regard to:

| (a) | trade statistics between the European Union and GSP beneficiary countries; |
| --- | --- |

(a)

trade statistics between the European Union and GSP beneficiary countries;

| (b) | the status of ratification and implementation of the conventions included in Annex III by each country benefiting from the special incentive arrangement. Where appropriate, the Commission will include recommendations on whether additional steps for the effective implementation of a convention should be taken by a specific country; |
| --- | --- |

(b)

the status of ratification and implementation of the conventions included in Annex III by each country benefiting from the special incentive arrangement. Where appropriate, the Commission will include recommendations on whether additional steps for the effective implementation of a convention should be taken by a specific country;

| (c) | relevant information on progress towards the achievement of the MDGs, especially in LDCs. |
| --- | --- |

(c)

relevant information on progress towards the achievement of the MDGs, especially in LDCs.

2.
     
  The Commission shall prepare an impact assessment study of the effects of the GSP covering the period from 1 January 2006 to 31 December 2009. The study shall be transmitted to the Committee, the European Parliament and the European Economic and Social Committee by 1 March 2010.

3.
     
  The Commission, after consulting the Committee, will set the contents of the impact-assessment study referred to in paragraph 2, which shall include the views of the beneficiary countries and in any event shall contain at least the following elements:

| — | an in-depth statistical analysis of GSP utilisation rates per country and a section including a comparison with previous years; |
| --- | --- |

—

an in-depth statistical analysis of GSP utilisation rates per country and a section including a comparison with previous years;

| — | an evaluation of the social and trade-related effects of graduation on graduated countries; |
| --- | --- |

—

an evaluation of the social and trade-related effects of graduation on graduated countries;

| — | a preliminary assessment of the effects of future graduation on the countries likely to be graduated under the next regulation; |
| --- | --- |

—

a preliminary assessment of the effects of future graduation on the countries likely to be graduated under the next regulation;

| — | an analysis of the potential effects of extending the system of preferences by increasing the preferential margin accorded to sensitive products and/or transferring ‘sensitive’ products to the ‘non-sensitive’ category; |
| --- | --- |

—

an analysis of the potential effects of extending the system of preferences by increasing the preferential margin accorded to sensitive products and/or transferring ‘sensitive’ products to the ‘non-sensitive’ category;

| — | an evaluation of the contribution of this Regulation to the achievement of the MDGs, in particular in relation to LDCs. |
| --- | --- |

—

an evaluation of the contribution of this Regulation to the achievement of the MDGs, in particular in relation to LDCs.

4.
     
  The Commission shall submit a special report to the European Parliament at the time of the conclusion of the Doha Development Agenda, examining the impact of the negotiations on the scheme established in this Regulation and considering the measures to be adopted to ensure the effectiveness of the GSP.

Amendment 39

Proposal for a regulation — amending act

Article 27 — Paragraph 3

| 3. | The Committee shall examine the effects of the scheme, on the basis of a report from the Commission covering the period since
  1 January 2009
  . This report shall cover all of the preferential arrangements referred to in Article 1(2), and shall be presented in time for the discussion on the next Regulation. |
| --- | --- |

3.

The Committee shall examine the effects of the scheme, on the basis of a report from the Commission covering the period since
  1 January 2009
  . This report shall cover all of the preferential arrangements referred to in Article 1(2), and shall be presented in time for the discussion on the next Regulation.

| 3. | The Committee shall examine the effects of the scheme, on the basis of a report from the Commission covering the period since
  1 January 2006
  . This report shall
  contain an impact assessment study covering at least the following points:








  — | a comparative study of GSP utilisation rates under this Regulation and the previous ones, in order to identify the positive and negative trends, |
| --- | --- | --- |

3.

The Committee shall examine the effects of the scheme, on the basis of a report from the Commission covering the period since
  1 January 2006
  . This report shall
  contain an impact assessment study covering at least the following points:

—

a comparative study of GSP utilisation rates under this Regulation and the previous ones, in order to identify the positive and negative trends,

| — | an evaluation of the effects of graduation in the poverty indicators of the countries affected, |
| --- | --- |

—

an evaluation of the effects of graduation in the poverty indicators of the countries affected,

| — | a comparative study of the preferential treatment offered by the GSP and by the Economic Partnership Agreements. |
| --- | --- |

—

a comparative study of the preferential treatment offered by the GSP and by the Economic Partnership Agreements.

The report shall
  cover all of the preferential arrangements referred to in Article 1(2), and shall be presented in time for the discussion on the next Regulation.

Amendment 36

Proposal for a regulation — amending act

Article 29 — paragraph 2a (new)

| 2a. | The proposal for a revised regulation covering the period from 1 January 2012 to 31 December 2014 shall be transmitted by the Commission to the European Parliament, the Council and the European Economic and Social Committee by 1 June 2010. The new proposal shall duly take into consideration the results of the impact assessment study referred to in Article 26a (2). |
| --- | --- |

2a.

---