# Official Journal C 76/2020

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 76 |
| | |
| English edition | Information and Notices | Volume 639 March 2020 |

ISSN 1977-091X

Official Journal

of the European Union

C 76

English edition

Information and Notices

Volume 639 March 2020

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| Contents | page |
| --- | --- |
| | |
| | EUROPEAN PARLIAMENT
  2018-2019 SESSIONSittings of 28 to 31 May 2018
  The Minutes of this session have been published in OJ C 99, 14.3.2019 .
  TEXTS ADOPTED | 1 |

Contents

page

EUROPEAN PARLIAMENT
  2018-2019 SESSIONSittings of 28 to 31 May 2018
  The Minutes of this session have been published in OJ C 99, 14.3.2019 .
  TEXTS ADOPTED

EUROPEAN PARLIAMENT

The Minutes of this session have been published in OJ C 99, 14.3.2019 .

1

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| | I   Resolutions, recommendations and opinions |
| --- | --- |
| | RESOLUTIONS |
| | European Parliament |
| 2020/C 76/02 | European Parliament resolution of 29 May 2018 on the optimisation of the value chain in the EU fishing sector (2017/2119(INI)) | 2 |
| | RESOLUTIONS |
| 2020/C 76/03 | European Parliament resolution of 29 May 2018 on the implementation of CAP young farmers’ tools in the EU after the 2013 reform (2017/2088(INI)) | 11 |
| 2020/C 76/04 | European Parliament resolution of 29 May 2018 on sustainable finance (2018/2007(INI)) | 23 |
| 2020/C 76/05 | European Parliament resolution of 29 May 2018 on the 2017 EU Justice Scoreboard (2018/2009(INI)) | 36 |
| 2020/C 76/06 | European Parliament resolution of 30 May 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize GA21 (MON-ØØØ21-9) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (D056125-02 – 2018/2698(RSP)) | 42 |
| 2020/C 76/07 | European Parliament resolution of 30 May 2018 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize 1507 × 59122 × MON 810 × NK603, and genetically modified maize combining two or three of the single events 1507, 59122, MON 810 and NK603, and repealing Decisions 2009/815/EC, 2010/428/EU and 2010/432/EU pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (D056123-02 – 2018/2699(RSP)) | 48 |
| 2020/C 76/08 | European Parliament resolution of 30 May 2018 on the implementation of control measures for establishing the conformity of fisheries products with access criteria to the EU market (2017/2129(INI)) | 54 |
| 2020/C 76/09 | European Parliament resolution of 30 May 2018 on the future of food and farming (2018/2037(INI)) | 62 |
| 2020/C 76/10 | European Parliament resolution of 30 May 2018 on the interpretation and implementation of the Interinstitutional Agreement on Better Law-Making (2016/2018(INI)) | 86 |
| 2020/C 76/11 | European Parliament resolution of 30 May 2018 on the 2021-2027 multiannual financial framework and own resources (2018/2714(RSP)) | 103 |
| 2020/C 76/12 | European Parliament resolution of 30 May 2018 on the annual report on the functioning of the Schengen area (2017/2256(INI)) | 106 |
| 2020/C 76/13 | European Parliament resolution of 30 May 2018 on the implementation of Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime (2016/2328(INI)) | 114 |
| 2020/C 76/14 | European Parliament resolution of 30 May 2018 on the Annual report on the implementation of the Common Commercial Policy (2017/2070(INI)) | 128 |
| 2020/C 76/15 | European Parliament resolution of 31 May 2018 on the situation of imprisoned EU-Iranian dual nationals in Iran (2018/2717(RSP)) | 139 |
| 2020/C 76/16 | European Parliament resolution of 31 May 2018 on the situation of women’s rights defenders in Saudi Arabia (2018/2712(RSP)) | 142 |
| 2020/C 76/17 | European Parliament resolution of 31 May 2018 on Sudan, notably the situation of Noura Hussein Hammad (2018/2713(RSP)) | 147 |
| 2020/C 76/18 | European Parliament resolution of 31 May 2018 with recommendations to the Commission on odometer manipulation in motor vehicles: revision of the EU legal framework (2017/2064(INL)) | 151 |
| 2020/C 76/19 | European Parliament resolution of 31 May 2018 on the Transport Pillar of the Connecting Europe Facility after 2020 (2018/2718(RSP)) | 159 |
| 2020/C 76/20 | European Parliament resolution of 31 May 2018 on the situation in Nicaragua (2018/2711(RSP)) | 164 |
| 2020/C 76/21 | European Parliament resolution of 31 May 2018 on the implementation of the Joint Staff Working Document (SWD(2015)0182) – Gender Equality and Women’s Empowerment: Transforming the Lives of Girls and Women through EU External Relations 2016-2020 (2017/2012(INI)) | 168 |
| 2020/C 76/22 | European Parliament resolution of 31 May 2018 on the implementation of the EU Youth Strategy (2017/2259(INI)) | 180 |
| 2020/C 76/23 | European Parliament resolution of 31 May 2018 on the implementation of the Ecodesign Directive (2009/125/EC) (2017/2087(INI)) | 192 |
| 2020/C 76/24 | European Parliament resolution of 31 May 2018 on Responding to petitions on tackling precariousness and the abusive use of fixed-term contracts (2018/2600(RSP)) | 200 |
| | RECOMMENDATIONS |
| 2020/C 76/25 | European Parliament recommendation of 30 May 2018 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on Libya (2018/2017(INI)) | 206 |

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

2020/C 76/02

European Parliament resolution of 29 May 2018 on the optimisation of the value chain in the EU fishing sector (2017/2119(INI))

2

RESOLUTIONS

2020/C 76/03

European Parliament resolution of 29 May 2018 on the implementation of CAP young farmers’ tools in the EU after the 2013 reform (2017/2088(INI))

11

2020/C 76/04

European Parliament resolution of 29 May 2018 on sustainable finance (2018/2007(INI))

23

2020/C 76/05

European Parliament resolution of 29 May 2018 on the 2017 EU Justice Scoreboard (2018/2009(INI))

36

2020/C 76/06

European Parliament resolution of 30 May 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize GA21 (MON-ØØØ21-9) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (D056125-02 – 2018/2698(RSP))

42

2020/C 76/07

European Parliament resolution of 30 May 2018 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize 1507 × 59122 × MON 810 × NK603, and genetically modified maize combining two or three of the single events 1507, 59122, MON 810 and NK603, and repealing Decisions 2009/815/EC, 2010/428/EU and 2010/432/EU pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (D056123-02 – 2018/2699(RSP))

48

2020/C 76/08

European Parliament resolution of 30 May 2018 on the implementation of control measures for establishing the conformity of fisheries products with access criteria to the EU market (2017/2129(INI))

54

2020/C 76/09

European Parliament resolution of 30 May 2018 on the future of food and farming (2018/2037(INI))

62

2020/C 76/10

European Parliament resolution of 30 May 2018 on the interpretation and implementation of the Interinstitutional Agreement on Better Law-Making (2016/2018(INI))

86

2020/C 76/11

European Parliament resolution of 30 May 2018 on the 2021-2027 multiannual financial framework and own resources (2018/2714(RSP))

103

2020/C 76/12

European Parliament resolution of 30 May 2018 on the annual report on the functioning of the Schengen area (2017/2256(INI))

106

2020/C 76/13

European Parliament resolution of 30 May 2018 on the implementation of Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime (2016/2328(INI))

114

2020/C 76/14

European Parliament resolution of 30 May 2018 on the Annual report on the implementation of the Common Commercial Policy (2017/2070(INI))

128

2020/C 76/15

European Parliament resolution of 31 May 2018 on the situation of imprisoned EU-Iranian dual nationals in Iran (2018/2717(RSP))

139

2020/C 76/16

European Parliament resolution of 31 May 2018 on the situation of women’s rights defenders in Saudi Arabia (2018/2712(RSP))

142

2020/C 76/17

European Parliament resolution of 31 May 2018 on Sudan, notably the situation of Noura Hussein Hammad (2018/2713(RSP))

147

2020/C 76/18

European Parliament resolution of 31 May 2018 with recommendations to the Commission on odometer manipulation in motor vehicles: revision of the EU legal framework (2017/2064(INL))

151

2020/C 76/19

European Parliament resolution of 31 May 2018 on the Transport Pillar of the Connecting Europe Facility after 2020 (2018/2718(RSP))

159

2020/C 76/20

European Parliament resolution of 31 May 2018 on the situation in Nicaragua (2018/2711(RSP))

164

2020/C 76/21

European Parliament resolution of 31 May 2018 on the implementation of the Joint Staff Working Document (SWD(2015)0182) – Gender Equality and Women’s Empowerment: Transforming the Lives of Girls and Women through EU External Relations 2016-2020 (2017/2012(INI))

168

2020/C 76/22

European Parliament resolution of 31 May 2018 on the implementation of the EU Youth Strategy (2017/2259(INI))

180

2020/C 76/23

European Parliament resolution of 31 May 2018 on the implementation of the Ecodesign Directive (2009/125/EC) (2017/2087(INI))

192

2020/C 76/24

European Parliament resolution of 31 May 2018 on Responding to petitions on tackling precariousness and the abusive use of fixed-term contracts (2018/2600(RSP))

200

RECOMMENDATIONS

2020/C 76/25

European Parliament recommendation of 30 May 2018 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on Libya (2018/2017(INI))

206

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| | III   Preparatory acts |
| --- | --- |
| | EUROPEAN PARLIAMENT |
| 2020/C 76/26 | P8_TA(2018)0205Fishing mortality ranges and safeguard levels for certain herring stocks in the Baltic Sea ***IEuropean Parliament legislative resolution of 29 May 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1139 as regards fishing mortality ranges and safeguard levels for certain herring stocks in the Baltic Sea (COM(2017)0774 – C8-0446/2017 – 2017/0348(COD)) | 215 |
| P8_TC1-COD(2017)0348Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Regulation (EU) 2018/... of the European Parliament and of the Council amending Regulation (EU) 2016/1139 as regards fishing mortality ranges and safeguard levels for certain herring stocks in the Baltic Sea | 216 |
| 2020/C 76/27 | P8_TA(2018)0206Statistics of goods transport by inland waterways (codification) ***IEuropean Parliament legislative resolution of 29 May 2018 on the proposal for a regulation of the European Parliament and of the Council on statistics of goods transport by inland waterways (codification) (COM(2017)0545 – C8-0337/2017 – 2017/0256(COD)) | 217 |
| P8_TC1-COD(2017)0256Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Regulation (EU) 2018/... of the European Parliament and of the Council on statistics of goods transport by inland waterways | 218 |
| 2020/C 76/28 | European Parliament legislative resolution of 29 May 2018 on the draft Council decision on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation on the cumulation of origin between the European Union, the Swiss Confederation, the Kingdom of Norway and the Republic of Turkey in the framework of the Generalised System of Preferences (05882/2/2017 – C8-0241/2017 – 2016/0328(NLE)) | 219 |
| 2020/C 76/29 | European Parliament legislative resolution of 29 May 2018 on the draft Council decision on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway on the cumulation of origin between the European Union, the Swiss Confederation, the Kingdom of Norway and the Republic of Turkey in the framework of the Generalised System of Preferences (05883/2/2017 – C8-0240/2017 – 2016/0329(NLE)) | 220 |
| 2020/C 76/30 | European Parliament legislative resolution of 29 May 2018 on the proposal for a Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Kingdom of Norway on administrative cooperation, combating fraud and recovery of claims in the field of Value Added Tax (COM(2017)0621 – C8–0407/2017 – 2017/0272(NLE)) | 221 |
| 2020/C 76/31 | P8_TA(2018)0212Multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks ***IEuropean Parliament legislative resolution of 29 May 2018 on the proposal for a regulation of the European Parliament and of the Council on establishing a multi-annual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks and repealing Council Regulation (EC) No 676/2007 and Council Regulation (EC) No 1342/2008 (COM(2016)0493 – C8-0336/2016 – 2016/0238(COD)) | 222 |
| P8_TC1-COD(2016)0238Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Regulation (EU) 2018/... of the European Parliament and of the Council establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008 | 224 |
| 2020/C 76/32 | P8_TA(2018)0213Posting of workers in the framework of the provision of services ***IEuropean Parliament legislative resolution of 29 May 2018 on the proposal for a directive of the European Parliament and of the Council amending 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 (COM(2016)0128 – C8-0114/2016 – 2016/0070(COD)) | 226 |
| P8_TC1-COD(2016)0070Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Directive (EU) 2018/... of the European Parliament and of the Council amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services | 228 |
| 2020/C 76/33 | P8_TA(2018)0214Management, conservation and control measures applicable in the Convention Area of the South Pacific Regional Fisheries Management Organisation ***IEuropean Parliament legislative resolution of 29 May 2018 on the proposal for a regulation of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Convention Area of the South Pacific Regional Fisheries Management Organisation (SPRFMO) (COM(2017)0128 – C8-0121/2017 – 2017/0056(COD)) | 230 |
| P8_TC1-COD(2017)0056Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Regulation (EU) 2018/... of the European Parliament and of the Council laying down management, conservation and control measures applicable in the South Pacific Regional Fisheries Management Organisation (SPRFMO) Convention Area | 231 |
| 2020/C 76/34 | European Parliament resolution of 30 May 2018 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Union Solidarity Fund to provide assistance to Greece, Spain, France and Portugal (COM(2018)0150 – C8-0039/2018 – 2018/2029(BUD)) | 232 |
| 2020/C 76/35 | European Parliament resolution of 30 May 2018 on the Council position on Draft amending budget No 1/2018 of the European Union for the financial year 2018 accompanying the proposal to mobilise the European Union Solidarity Fund to provide assistance to Greece, Spain, France and Portugal (08109/2018 – C8-0181/2018 – 2018/2030(BUD)) | 235 |
| 2020/C 76/36 | European Parliament legislative resolution of 30 May 2018 on the Council position at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (05700/1/2018 – C8-0168/2018 – 2013/0103(COD)) | 237 |
| 2020/C 76/37 | European Parliament resolution of 30 May 2018 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund (application EGF/2018/000 TA 2018 - Technical assistance at the initiative of the Commission) (COM(2018)0165 – C8-0131/2018 – 2018/2048(BUD)) | 238 |
| 2020/C 76/38 | European Parliament decision of 31 May 2018 on the appointment of Antonio Mura to the selection panel set up under Article 14(3) of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (the EPPO) (2018/2071(INS)) | 242 |
| 2020/C 76/39 | Amendments adopted by the European Parliament on 31 May 2018 on the proposal for a decision of the European Parliament and of the Council amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism (COM(2017)0772/2 – C8-0409/2017 – 2017/0309(COD)) 11 | 243 |

III   Preparatory acts

EUROPEAN PARLIAMENT

2020/C 76/26

P8_TA(2018)0205Fishing mortality ranges and safeguard levels for certain herring stocks in the Baltic Sea ***IEuropean Parliament legislative resolution of 29 May 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1139 as regards fishing mortality ranges and safeguard levels for certain herring stocks in the Baltic Sea (COM(2017)0774 – C8-0446/2017 – 2017/0348(COD))

215

P8_TC1-COD(2017)0348Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Regulation (EU) 2018/... of the European Parliament and of the Council amending Regulation (EU) 2016/1139 as regards fishing mortality ranges and safeguard levels for certain herring stocks in the Baltic Sea

216

2020/C 76/27

P8_TA(2018)0206Statistics of goods transport by inland waterways (codification) ***IEuropean Parliament legislative resolution of 29 May 2018 on the proposal for a regulation of the European Parliament and of the Council on statistics of goods transport by inland waterways (codification) (COM(2017)0545 – C8-0337/2017 – 2017/0256(COD))

217

P8_TC1-COD(2017)0256Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Regulation (EU) 2018/... of the European Parliament and of the Council on statistics of goods transport by inland waterways

218

2020/C 76/28

European Parliament legislative resolution of 29 May 2018 on the draft Council decision on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation on the cumulation of origin between the European Union, the Swiss Confederation, the Kingdom of Norway and the Republic of Turkey in the framework of the Generalised System of Preferences (05882/2/2017 – C8-0241/2017 – 2016/0328(NLE))

219

2020/C 76/29

European Parliament legislative resolution of 29 May 2018 on the draft Council decision on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway on the cumulation of origin between the European Union, the Swiss Confederation, the Kingdom of Norway and the Republic of Turkey in the framework of the Generalised System of Preferences (05883/2/2017 – C8-0240/2017 – 2016/0329(NLE))

220

2020/C 76/30

European Parliament legislative resolution of 29 May 2018 on the proposal for a Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Kingdom of Norway on administrative cooperation, combating fraud and recovery of claims in the field of Value Added Tax (COM(2017)0621 – C8–0407/2017 – 2017/0272(NLE))

221

2020/C 76/31

P8_TA(2018)0212Multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks ***IEuropean Parliament legislative resolution of 29 May 2018 on the proposal for a regulation of the European Parliament and of the Council on establishing a multi-annual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks and repealing Council Regulation (EC) No 676/2007 and Council Regulation (EC) No 1342/2008 (COM(2016)0493 – C8-0336/2016 – 2016/0238(COD))

222

P8_TC1-COD(2016)0238Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Regulation (EU) 2018/... of the European Parliament and of the Council establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008

224

2020/C 76/32

P8_TA(2018)0213Posting of workers in the framework of the provision of services ***IEuropean Parliament legislative resolution of 29 May 2018 on the proposal for a directive of the European Parliament and of the Council amending 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 (COM(2016)0128 – C8-0114/2016 – 2016/0070(COD))

226

P8_TC1-COD(2016)0070Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Directive (EU) 2018/... of the European Parliament and of the Council amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services

228

2020/C 76/33

P8_TA(2018)0214Management, conservation and control measures applicable in the Convention Area of the South Pacific Regional Fisheries Management Organisation ***IEuropean Parliament legislative resolution of 29 May 2018 on the proposal for a regulation of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Convention Area of the South Pacific Regional Fisheries Management Organisation (SPRFMO) (COM(2017)0128 – C8-0121/2017 – 2017/0056(COD))

230

P8_TC1-COD(2017)0056Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Regulation (EU) 2018/... of the European Parliament and of the Council laying down management, conservation and control measures applicable in the South Pacific Regional Fisheries Management Organisation (SPRFMO) Convention Area

231

2020/C 76/34

European Parliament resolution of 30 May 2018 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Union Solidarity Fund to provide assistance to Greece, Spain, France and Portugal (COM(2018)0150 – C8-0039/2018 – 2018/2029(BUD))

232

2020/C 76/35

European Parliament resolution of 30 May 2018 on the Council position on Draft amending budget No 1/2018 of the European Union for the financial year 2018 accompanying the proposal to mobilise the European Union Solidarity Fund to provide assistance to Greece, Spain, France and Portugal (08109/2018 – C8-0181/2018 – 2018/2030(BUD))

235

2020/C 76/36

European Parliament legislative resolution of 30 May 2018 on the Council position at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (05700/1/2018 – C8-0168/2018 – 2013/0103(COD))

237

2020/C 76/37

European Parliament resolution of 30 May 2018 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund (application EGF/2018/000 TA 2018 - Technical assistance at the initiative of the Commission) (COM(2018)0165 – C8-0131/2018 – 2018/2048(BUD))

238

2020/C 76/38

European Parliament decision of 31 May 2018 on the appointment of Antonio Mura to the selection panel set up under Article 14(3) of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (the EPPO) (2018/2071(INS))

242

2020/C 76/39

Amendments adopted by the European Parliament on 31 May 2018 on the proposal for a decision of the European Parliament and of the Council amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism (COM(2017)0772/2 – C8-0409/2017 – 2017/0309(COD)) 11

11

243

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9.3.2020

| 9.3.2020 | EN | Official Journal of the European Union | C 76/1 |
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EN

Official Journal of the European Union

C 76/1

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EUROPEAN PARLIAMENT

2018-2019 SESSION

Sittings of 28 to 31 May 2018

The Minutes of this session have been published in OJ C 99, 14.3.2019.

TEXTS ADOPTED

---

I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

| 9.3.2020 | EN | Official Journal of the European Union | C 76/2 |
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9.3.2020

EN

Official Journal of the European Union

C 76/2

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P8_TA(2018)0210

Optimisation of the value chain in the EU fishing sector

European Parliament resolution of 29 May 2018 on the optimisation of the value chain in the EU fishing sector (2017/2119(INI))

(2020/C 76/02)

The European Parliament,

| — | having regard to Articles 42 and 43(2) of the Treaty on the Functioning of the European Union (TFEU), establishing a common organisation of the markets in fishery products, |
| --- | --- |

—

having regard to Articles 42 and 43(2) of the Treaty on the Functioning of the European Union (TFEU), establishing a common organisation of the markets in fishery products,

| — | having regard to its resolution of 6 July 2017 on promoting cohesion and development in the outermost regions of the EU: implementation of Article 349 of the TFEU (1), |
| --- | --- |

—

having regard to its resolution of 6 July 2017 on promoting cohesion and development in the outermost regions of the EU: implementation of Article 349 of the TFEU (1),

| — | having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the common fisheries policy, and in particular Article 35 thereof on the objectives of the common organisation of the markets, |
| --- | --- |

—

having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the common fisheries policy, and in particular Article 35 thereof on the objectives of the common organisation of the markets,

| — | having regard to Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, |
| --- | --- |

—

having regard to Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products,

| — | having regard to Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund, in particular Articles 11, 13, 41 to 44, 48, 63, 66, 68 and 70 to 73 thereof, |
| --- | --- |

—

having regard to Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund, in particular Articles 11, 13, 41 to 44, 48, 63, 66, 68 and 70 to 73 thereof,

| — | having regard to the mid-term strategy (2017-2020) of the General Fisheries Commission for the Mediterranean (GFCM) towards the sustainability of Mediterranean and Black Sea fisheries, |
| --- | --- |

—

having regard to the mid-term strategy (2017-2020) of the General Fisheries Commission for the Mediterranean (GFCM) towards the sustainability of Mediterranean and Black Sea fisheries,

| — | having regard to its resolution of 13 June 2017 on the status of fish stocks and the socio-economic situation of the fishing sector in the Mediterranean (2), |
| --- | --- |

—

having regard to its resolution of 13 June 2017 on the status of fish stocks and the socio-economic situation of the fishing sector in the Mediterranean (2),

| — | having regard to the Commission’s new strategy for ‘A stronger and renewed strategic partnership with the outermost regions of the European Union’ published on 24 October 2017 (COM(2017)0623), |
| --- | --- |

—

having regard to the Commission’s new strategy for ‘A stronger and renewed strategic partnership with the outermost regions of the European Union’ published on 24 October 2017 (COM(2017)0623),

| — | having regard to its resolution of 12 May 2016 on traceability of fishery and aquaculture products in restaurants and retail (3), |
| --- | --- |

—

having regard to its resolution of 12 May 2016 on traceability of fishery and aquaculture products in restaurants and retail (3),

| — | having regard to its resolution of 27 April 2017 on the management of the fishing fleets in the outermost regions (4), |
| --- | --- |

—

having regard to its resolution of 27 April 2017 on the management of the fishing fleets in the outermost regions (4),

| — | having regard to Rule 52 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A8-0163/2018), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A8-0163/2018),

| A. | whereas the EU fishing sector is facing ever-more difficult and complex challenges; whereas the status of resources and the increase in outgoings, particularly variations in the price of fuel, may have a decisive impact on fishermen’s incomes; whereas, in this context, downward variations in, and unfair allocation of, fishing quotas mean that local communities face complicated situations owing to the reduction in extractive activities and to the fact that the rules of fair competition are being infringed; whereas, in addition to the increase in transport costs, which result from the double impact of the rise in fuel prices, they face competition from imports of products from third countries; whereas although these and other problems are recognised, the causes of the worsening socio-economic situation in the fisheries sector have, in many cases, still to be tackled, one example being the inadequate first-sale price formation where fish is concerned; |
| --- | --- |

A.

whereas the EU fishing sector is facing ever-more difficult and complex challenges; whereas the status of resources and the increase in outgoings, particularly variations in the price of fuel, may have a decisive impact on fishermen’s incomes; whereas, in this context, downward variations in, and unfair allocation of, fishing quotas mean that local communities face complicated situations owing to the reduction in extractive activities and to the fact that the rules of fair competition are being infringed; whereas, in addition to the increase in transport costs, which result from the double impact of the rise in fuel prices, they face competition from imports of products from third countries; whereas although these and other problems are recognised, the causes of the worsening socio-economic situation in the fisheries sector have, in many cases, still to be tackled, one example being the inadequate first-sale price formation where fish is concerned;

| B. | whereas the fishing sector plays a key role in supplying fish to the public and keeping the Member States’ food balances in equilibrium, as well as making a major contribution to the socio-economic well-being of coastal communities, local development, employment, the maintenance and creation of upstream and downstream economic activities, and the preservation of local cultural traditions; |
| --- | --- |

B.

whereas the fishing sector plays a key role in supplying fish to the public and keeping the Member States’ food balances in equilibrium, as well as making a major contribution to the socio-economic well-being of coastal communities, local development, employment, the maintenance and creation of upstream and downstream economic activities, and the preservation of local cultural traditions;

| C. | whereas small-scale, artisanal and coastal fishing account for 83 % of the fishing vessels active in the EU and 47 % of total employment in the EU fisheries sector; whereas Regulation (EU) No 1380/2013 states that ‘Member States should endeavour to give preferential access for small-scale, artisanal or coastal fishermen’ and given that this provision is not complied with; |
| --- | --- |

C.

whereas small-scale, artisanal and coastal fishing account for 83 % of the fishing vessels active in the EU and 47 % of total employment in the EU fisheries sector; whereas Regulation (EU) No 1380/2013 states that ‘Member States should endeavour to give preferential access for small-scale, artisanal or coastal fishermen’ and given that this provision is not complied with;

| D. | whereas compliance with EU regulations has been made mandatory by most distributors of fisheries and aquaculture products such as supermarkets; whereas the impact of such compliance on fishermen’s working conditions and incomes varies which can be unfair on smaller fishing vessels; |
| --- | --- |

D.

whereas compliance with EU regulations has been made mandatory by most distributors of fisheries and aquaculture products such as supermarkets; whereas the impact of such compliance on fishermen’s working conditions and incomes varies which can be unfair on smaller fishing vessels;

| E. | whereas it is necessary to allow for the marked differences in terms of fleets, fleet segments, target species, fishing gear, productivity, consumer preferences, and per capita fish consumption in the EU countries, in addition to the specific features of the fishing industry resulting from its social structure, the forms of marketing, and the structural and natural inequalities among fishing regions; |
| --- | --- |

E.

whereas it is necessary to allow for the marked differences in terms of fleets, fleet segments, target species, fishing gear, productivity, consumer preferences, and per capita fish consumption in the EU countries, in addition to the specific features of the fishing industry resulting from its social structure, the forms of marketing, and the structural and natural inequalities among fishing regions;

| F. | whereas, in order to gain a foothold in new market segments, traditional fishermen need financial aid and support; |
| --- | --- |

F.

whereas, in order to gain a foothold in new market segments, traditional fishermen need financial aid and support;

| G. | whereas the revenue generated and the salaries earned by fishing professionals are insecure, given the way in which the sector does business, the manner of first-sale price formation, and the irregular nature of fishing, all of which imply that the sector must continue to be supported by the necessary national and EU public funding; |
| --- | --- |

G.

whereas the revenue generated and the salaries earned by fishing professionals are insecure, given the way in which the sector does business, the manner of first-sale price formation, and the irregular nature of fishing, all of which imply that the sector must continue to be supported by the necessary national and EU public funding;

| H. | whereas analysing the key points in the value chain for fishery products may lead to fishermen and local producers retaining a larger share of the value generated with the opening up of new local markets and the engaging of local stakeholders, which could contribute positively to local communities, by creating a dynamic, profitable and sustainable economic activity; |
| --- | --- |

H.

whereas analysing the key points in the value chain for fishery products may lead to fishermen and local producers retaining a larger share of the value generated with the opening up of new local markets and the engaging of local stakeholders, which could contribute positively to local communities, by creating a dynamic, profitable and sustainable economic activity;

| I. | whereas Article 349 of the TFEU recognises the special economic and social situation of the outermost regions (ORs), which is compounded by structural factors (remoteness, insularity, small size, difficult topography and climate, dependence on a few products, etc.) the permanence and combination of which severely restrain their development and the value chain in fishing sector; |
| --- | --- |

I.

whereas Article 349 of the TFEU recognises the special economic and social situation of the outermost regions (ORs), which is compounded by structural factors (remoteness, insularity, small size, difficult topography and climate, dependence on a few products, etc.) the permanence and combination of which severely restrain their development and the value chain in fishing sector;

| J. | whereas primary producers, while playing a key role in the value chain, do not always benefit from added value generated in the later stages thereof; |
| --- | --- |

J.

whereas primary producers, while playing a key role in the value chain, do not always benefit from added value generated in the later stages thereof;

| K. | whereas the common fisheries policy (CFP) was designed to strengthen the sustainability and competitiveness of the fisheries and aquaculture sector in the EU; |
| --- | --- |

K.

whereas the common fisheries policy (CFP) was designed to strengthen the sustainability and competitiveness of the fisheries and aquaculture sector in the EU;

| L. | whereas one way of guaranteeing that fishery products from the ORs are competitive is to ensure that the price of fish from those regions is not inflated as a result of transport costs when it reaches the main destination markets; |
| --- | --- |

L.

whereas one way of guaranteeing that fishery products from the ORs are competitive is to ensure that the price of fish from those regions is not inflated as a result of transport costs when it reaches the main destination markets;

| M. | whereas the EU is the world leader in the marketing of fishery and aquaculture products; |
| --- | --- |

M.

whereas the EU is the world leader in the marketing of fishery and aquaculture products;

| N. | whereas trade in fishery and aquaculture products is influenced by many factors, such as consumer preferences in different geographical areas; |
| --- | --- |

N.

whereas trade in fishery and aquaculture products is influenced by many factors, such as consumer preferences in different geographical areas;

| O. | whereas the common market organisation (CMO) in fishery and aquaculture products aims to increase the transparency and stability of the markets, in particular as regards economic knowledge and understanding of the markets for EU fishery and aquaculture products along the supply chain; |
| --- | --- |

O.

whereas the common market organisation (CMO) in fishery and aquaculture products aims to increase the transparency and stability of the markets, in particular as regards economic knowledge and understanding of the markets for EU fishery and aquaculture products along the supply chain;

| P. | whereas Regulation (EU) No 1379/2013 on the common organisation of the markets in fishery and aquaculture products lays down in its Article 38 the obligation of indication of the catch or production area and, in the case of fishery products caught at sea, the name in writing of the sub-area or division listed in the FAO fishing areas; |
| --- | --- |

P.

whereas Regulation (EU) No 1379/2013 on the common organisation of the markets in fishery and aquaculture products lays down in its Article 38 the obligation of indication of the catch or production area and, in the case of fishery products caught at sea, the name in writing of the sub-area or division listed in the FAO fishing areas;

| Q. | whereas transparency is a means of ensuring the right of consumers to know, with maximum precision, the characteristics of the products that they purchase; whereas, this requires improvements in labelling, with the obligation to feature the same precise information on the origin of the fish both when sold fresh and in processed products; |
| --- | --- |

Q.

whereas transparency is a means of ensuring the right of consumers to know, with maximum precision, the characteristics of the products that they purchase; whereas, this requires improvements in labelling, with the obligation to feature the same precise information on the origin of the fish both when sold fresh and in processed products;

| R. | whereas the current sales dynamic does not allow fluctuations in production factor costs, fuel costs included, to be passed on in fish prices, and whereas average first-sale prices have not kept pace with the trend in end consumer prices; |
| --- | --- |

R.

whereas the current sales dynamic does not allow fluctuations in production factor costs, fuel costs included, to be passed on in fish prices, and whereas average first-sale prices have not kept pace with the trend in end consumer prices;

| S. | whereas the study published by the Department on Structural and Cohesion Policies in 2016 entitled ‘Small-scale fisheries markets: value chain, promotion and labelling’ clearly indicates that the labelling of EU fisheries products can confuse the consumer; |
| --- | --- |

S.

whereas the study published by the Department on Structural and Cohesion Policies in 2016 entitled ‘Small-scale fisheries markets: value chain, promotion and labelling’ clearly indicates that the labelling of EU fisheries products can confuse the consumer;

| T. | whereas fishery producer organisations and aquaculture producer organisations (‘producer organisations’) play a key role in achieving the objectives and ensuring the correct management of the CFP and of the CMO; |
| --- | --- |

T.

whereas fishery producer organisations and aquaculture producer organisations (‘producer organisations’) play a key role in achieving the objectives and ensuring the correct management of the CFP and of the CMO;

| U. | whereas the European Union is committed to safeguarding high quality standards in fisheries products in particular in the light of trade relations with the third countries; |
| --- | --- |

U.

whereas the European Union is committed to safeguarding high quality standards in fisheries products in particular in the light of trade relations with the third countries;

| V. | whereas the processing and canning industry plays an important role; |
| --- | --- |

V.

whereas the processing and canning industry plays an important role;

| W. | whereas fisheries local action groups (FLAGs) are an essential part of the CFP in terms of drawing up and implementing integrated and multisectoral participative local development strategies that meet the needs of their local fishing area; whereas they are recognised to play a useful role in contributing to diversification in fishing activities; |
| --- | --- |

W.

whereas fisheries local action groups (FLAGs) are an essential part of the CFP in terms of drawing up and implementing integrated and multisectoral participative local development strategies that meet the needs of their local fishing area; whereas they are recognised to play a useful role in contributing to diversification in fishing activities;

| X. | whereas fisheries supply chain does not exist in isolation and building cross-sectorial linkages is of paramount importance to develop innovative products to access new markets and enhance its promotion; |
| --- | --- |

X.

whereas fisheries supply chain does not exist in isolation and building cross-sectorial linkages is of paramount importance to develop innovative products to access new markets and enhance its promotion;

| Y. | whereas there is a lack of structure and a lack of association in the fishing sector in some EU Member States; |
| --- | --- |

Y.

whereas there is a lack of structure and a lack of association in the fishing sector in some EU Member States;

| Z. | whereas fisheries in the ORs face constraints of their own, recognised in Article 349 of the Treaty on the Functioning of the European Union, which also affect their structuring; |
| --- | --- |

Z.

whereas fisheries in the ORs face constraints of their own, recognised in Article 349 of the Treaty on the Functioning of the European Union, which also affect their structuring;

| AA. | whereas inter-branch organisations (as already referred to in the CMO) have the potential to improve the coordination of marketing activities along the supply chain and to push forward with measures that are of interest for the whole sector; |
| --- | --- |

AA.

whereas inter-branch organisations (as already referred to in the CMO) have the potential to improve the coordination of marketing activities along the supply chain and to push forward with measures that are of interest for the whole sector;

| AB. | whereas, since fish stocks are shared resources, their sustainable and efficient exploitation can, in certain instances, be better achieved by organisations composed of members from different EU States and regions and should therefore be approached and studied on region by region basis; |
| --- | --- |

AB.

whereas, since fish stocks are shared resources, their sustainable and efficient exploitation can, in certain instances, be better achieved by organisations composed of members from different EU States and regions and should therefore be approached and studied on region by region basis;

| AC. | whereas the fishing sector is central to the socio-economic situation, employment, and the promotion of economic and social cohesion in the ORs, whose economies are affected by permanent structural constraints and which have few possibilities for economic diversification; |
| --- | --- |

AC.

whereas the fishing sector is central to the socio-economic situation, employment, and the promotion of economic and social cohesion in the ORs, whose economies are affected by permanent structural constraints and which have few possibilities for economic diversification;

| AD. | whereas the lack of young professionals is a hindrance for the modernisation and improvement of the sector, and presents a major threat to the survival of many coastal communities; |
| --- | --- |

AD.

whereas the lack of young professionals is a hindrance for the modernisation and improvement of the sector, and presents a major threat to the survival of many coastal communities;

| AE. | whereas the role of women in the fishing sector enjoys a very low profile, whereas although women often provide the backstage work, such as in logistical support or the bureaucracy associated with the activity, they also work as fisherwomen and masters in some fishing vessels; |
| --- | --- |

AE.

whereas the role of women in the fishing sector enjoys a very low profile, whereas although women often provide the backstage work, such as in logistical support or the bureaucracy associated with the activity, they also work as fisherwomen and masters in some fishing vessels;

| AF. | whereas the landing obligation represents a real economic and social constraint, reducing financial viability and having an impact on the value chain which should be minimised; |
| --- | --- |

AF.

whereas the landing obligation represents a real economic and social constraint, reducing financial viability and having an impact on the value chain which should be minimised;

| AG. | whereas it is necessary to promote greater consumer awareness of the importance of healthy eating and sustainable production; |
| --- | --- |

AG.

whereas it is necessary to promote greater consumer awareness of the importance of healthy eating and sustainable production;

| AH. | whereas diminishing first-sale fish prices and increasing fuel costs must also be considered as contributory factors regarding the worsening social and economic situation; |
| --- | --- |

AH.

whereas diminishing first-sale fish prices and increasing fuel costs must also be considered as contributory factors regarding the worsening social and economic situation;

| 1. | Calls on the Commission and Member States, together with regional authorities, to set up groups of experts whose task will be to analyse and propose corrective measures in relation to the use of the various European Maritime and Fisheries Fund appropriations in order to identify the causes of non-implementation and the possible loss of funds and to ensure an adequate level of control and transparency and to require better management on the part of the relevant administrations; |
| --- | --- |

1.

| 2. | Urges Member States to comply with Regulation (EU) No 1380/2013 and to offer real preferential access to fishing opportunities to the EU’s small-scale and artisanal fleet; |
| --- | --- |

2.

| 3. | Calls on the Commission and Member States to take the necessary action to facilitate the creation of producer organisations, removing the bureaucratic hurdles in the procedure established and lowering the minimum production thresholds to encourage the entry of small producers; points out that it is also necessary to boost the activities of producer organisations, further empowering them and facilitating access to the necessary financial support so that they can carry out a wider variety of tasks in addition to day-to-day fisheries management, while respecting a framework defined by the objectives of the CFP, particularly for the ORs, which must be able to locally adapt the functioning of producer organisations and inter-branch organisations in their territories, which are characterised by remoteness, isolation, small size, the prevalence of small-scale fishing and a high degree of vulnerability to imports; |
| --- | --- |

3.

| 4. | Maintains that operational programmes must encourage producer organisations – by providing the necessary financial support – to market their products directly, working within the value chain, since this would enable them to exploit their production and increase the added value of fishery products; |
| --- | --- |

4.

| 5. | Calls on the Commission and the Member States to ensure that aid for health and safety on board should not be part of a competitive process and that an increased budget be assigned to the artisanal fisheries sector; |
| --- | --- |

5.

| 6. | Calls on the Commission and Member States to help and encourage producer organisations to include the value chain in production and marketing plans, with the aim of adapting supply to demand, securing a fair income for fishermen and ensuring that European consumers find products that meet their needs, taking account of differences; points out that, in this context, marketing strategies tailored to specific local features are an essential tool, must include the option of direct selling, and would embrace sectoral and/or product-based campaigns and help to improve consumer information and awareness, including marking and labelling that provides comprehensible information; |
| --- | --- |

6.

| 7. | Calls on the Commission, Member States, regional and local governments to empower small-scale fisheries by encouraging local consumption through direct and more specialised marketing, zero-kilometre channels of trade, including improved cooperation between the public sector and the fisheries sector through the supply of public establishments such as schools and hospitals with local fish products, as well as promotional campaigns that should also cooperate with private initiatives to promote local food products, such as the Slow Fish initiative, and to respect the seasonality of certain catches; at the same time invites the Commission and the Member States to support the cooperation between the fishing and tourism sectors and to draw up a list of good practices on experiences facilitating new forms of collaboration; |
| --- | --- |

7.

| 8. | Stresses that one of the foundations of these marketing strategies is the mandatory indication on labels of the origin of fishery products, both when sold fresh and processed; |
| --- | --- |

8.

| 9. | Calls for systems to be set up with a view to improving first-sale prices, so as to benefit fishermen by increasing the reward for their work, and promoting fair and proper distribution of added value along the sector’s value chain by reducing operating margins, raising the prices paid to producers, and limiting the prices paid by end consumers; reiterates that when there are serious imbalances within the chain, Member States should have the power to intervene, for instance by setting maximum operating margins for each agent in the chain; |
| --- | --- |

9.

| 10. | Calls on the Commission and the Member States to help the movement of EU small-scale fishers’ organisations with the development of a dedicated logo which guarantees: a fresh fish product, excellent quality, controlled health standards, compliance with km 0 requirements (favouring local products over products transported from far away), close to consumers, in-line with traditions, etc.; |
| --- | --- |

10.

| 11. | Notes that, for the purposes of transparency and to safeguard the rights of consumers, it will be necessary to revise the Annex to Regulation (EEC) No 1536/92 concerning the marketing of preserved products; |
| --- | --- |

11.

| 12. | Calls on the Commission and the Member States to put in place a system for the labelling of fish, both fresh and processed, clearly indicating the country of origin; |
| --- | --- |

12.

| 13. | Urges Member States to promote a greater degree of structure and association in the fishing sector; |
| --- | --- |

13.

| 14. | Urges the Commission to include a clause in trade agreements with third countries in relation to EU quality standards, requiring that imports comply with the same rules as EU fishing products; |
| --- | --- |

14.

| 15. | In order to ensure a level-playing field between imported and EU fisheries and aquaculture products, calls on the Commission and the Member States to strictly monitor the compliance of products imported into the Union with current EU safety, hygiene and quality requirements, as well as with Council Regulation (EC) No 1005/2008 (5) on IUU fishing; |
| --- | --- |

15.

| 16. | Insists on a stricter implementation of the EU legislation on labelling and consumer information, both in retail markets and in the hotel, restaurant and catering sector (HORECA); believes this is important for all fisheries products, both imported and EU-produced; considers that the implementation of the Control Regulation (EC) No 1224/2009 should be reinforced to this end in all Member States and that regulations should be adapted to cover all stages of the supply chain; |
| --- | --- |

16.

| 17. | Encourages the Commission to conduct a study on the impact of imports on local fisheries; |
| --- | --- |

17.

| 18. | Calls on the Commission to allow appropriate use to be made of regionalisation, with particular attention to the ORs, and a differentiation of support instruments, and for it to be possible for these to be adapted to different types of producer organisations and their specific needs; |
| --- | --- |

18.

| 19. | Stresses the importance of developing policies enabling local coastal communities to offer integrated services, exploiting synergies arising from the various production sectors and likely to bring about and encourage development at the local level; insists therefore on combining funding from the CFP with other European programmes in the European Social Fund or the CAP; stresses that this combination of resources and programmes should support initiatives by local communities and entrepreneurs focused on rural development, improving living conditions, and helping to consolidate income and in particular to diversify sources of income; |
| --- | --- |

19.

| 20. | Considers it crucial for support for the transport of fish from the ORs, up until it reaches the international market, to be maintained and preferably increased so as to guarantee fair competition with products from other locations; |
| --- | --- |

20.

| 21. | Calls on the Commission to look into the possibility of creating, as soon as possible, a financial instrument specifically to provide support for fisheries, on the basis of POSEI for the agricultural sector in the ORs, with the capacity genuinely to enhance their fisheries potential believes that consideration should be given to the possibility of bringing together in this specific instrument, in particular, the provisions of Article 8 (State aid), Article 13(5) (Budgetary resources under shared management), Article 70 (Compensation regime), Article 71 (Calculation of the compensation), Article 72 (Compensation plan) and Article 73 (State aid for implementing compensation plans) of the Regulation (EU) No 508/2014 on the European Maritime and Fisheries Fund (EMFF); |
| --- | --- |

21.

| 22. | Considers that such local development plans for coastal communities should support new activities and businesses making it possible to bring high-quality raw materials, the communities’ specific transformation processes and their cultural and historical heritage all together in the value chain. Notes, moreover, that they should promote marketing mechanisms, such as the compulsory labelling of product origin, that help to raise the profile of these qualities in the marketplace and that ensure that the greater part of the income generated reverts to these communities; |
| --- | --- |

22.

| 23. | Stresses, further, the importance of the sea, of marine resources and of fisheries products in promoting cohesion and development in the ORs and in the implementation of Article 349 of the TFEU urges the Commission, in this context, to respect Article 349 of the TFEU, also in relation to fisheries, by fully reinstating the independent POSEI-Fisheries scheme, which was abolished as part of the reform of the current EMFF; |
| --- | --- |

23.

| 24. | Calls on the Commission, the Member States, and regional and local authorities to encourage the establishment of inter-branch organisations, as well as producer organisations and associations of producer organisations at transnational level (as envisaged in the CMO), based on biogeographical regions or at EU level; points out that this is an essential tool for empowering producer organisations and giving them greater negotiating power; |
| --- | --- |

24.

| 25. | Calls for this process to be fostered with special emphasis on gender policies, with a view to ensuring that women are adequately represented in these organisations. Notes that this would both reflect women’s current presence in the sector and help them play a greater role in it; |
| --- | --- |

25.

| 26. | Stresses the importance to strengthen the cooperation between science and fisheries to address the complicated dependencies and weaknesses in the value chain processes in order to improve and bring profit to the stakeholders; |
| --- | --- |

26.

| 27. | Calls on the Commission to expand, promote and generalise the use of the information provided by the EU Market Observatory for fisheries and aquaculture products (EUMOFA) so that all operators in the chain have transparent, reliable and up-to-date information for efficient business decision-making; urges the Commission accordingly to obtain updated information regarding the new challenges facing traders, such as online sales or changes in consumption habits; |
| --- | --- |

27.

| 28. | Points to the need for ambitious revision of the CMO for fishery products with a view to increasing its contribution to the sector’s income, market stability, and better marketing of fishery products and an increase in their added value; |
| --- | --- |

28.

| 29. | Asks the Commission to include fisheries products in its forthcoming proposal for regulations to combat unfair trade practices, which are a general problem in the food products sector; |
| --- | --- |

29.

| 30. | Urges the Commission to review the system for labelling fisheries products laid down in Regulation (EU) No 1379/2013, based on FAO fishing areas which were drawn up more than 70 years ago for reporting catches and not designed to provide consumer guidance, given that the system is confusing and not conducive to the provision of clear, transparent and straightforward information; |
| --- | --- |

30.

| 31. | Calls on the Commission and the Member States and regional and local authorities to look into the lack of professional qualifications in the fishing sector, and of young specialists in particular, so that training programmes for people working in the fishing sector can be guaranteed and tailored to the sector’s actual needs, thereby helping to modernise and improve the sector and retain the population in fishing communities as well as to create appropriate job opportunities in aquaculture, rural and coastal areas, in the ORs as well as regions depending on fisheries activities; |
| --- | --- |

31.

| 32. | Points to the importance of setting up home markets for traditional products of particular quality, to be backed up by fairs, small businesses, and the catering industry, as this would enhance the added value of local products and promote local development; |
| --- | --- |

32.

| 33. | Stresses the importance of drawing up specific digital skills training strategies focusing on management and, especially, sales as a basic tool to improve the position of producers in the value chain; |
| --- | --- |

33.

| 34. | Points out that these training plans must both cover traditional occupations practised within the sector, mainly by women, and specific plans focused on increasing women’s employability and entrepreneurship. Stresses that the inclusion of these features in accredited training courses must also have the consequent legal effects and improve the status of these professionals in the labour market; |
| --- | --- |

34.

| 35. | Calls on the Commission to consider better ways to promote the marketing of processed fishery products with higher added value, including canned products, following the example certain agricultural products, and programmes for the external promotion of EU fishery products, including their presentation at international competitions and fairs; |
| --- | --- |

35.

| 36. | Urges the Member States and regional authorities to help economic actors of the Fisheries sector in accessing the knowledge, networks and funding required to undertake innovative activities and design new products (‘novel foods’) in particular in the valuation of species already captured with little economic value, and involve research organisations and institutions, such as oceanographic institutes, in order to benefit from their extensive knowledge of the basic raw materials and their biological, nutritional and organoleptic properties; in an effort to avoid waste, maximize the value of fresh products and stimulate synergies between different parts of the value chain and make the sector more resilient; |
| --- | --- |

36.

| 37. | Asks Member States and local and regional authorities to work together to develop effective, specifically product-oriented consumer-information campaigns to raise awareness of issues such as the importance of consuming local fisheries products, to ensure that the sector’s impact on local employment and the social cohesion of coastal communities can be visualised, highlight the nutritional qualities of fresh fish and raise awareness of the need to include fisheries products in a healthy diet, etc.; |
| --- | --- |

37.

| 38. | Asks the Commission to propose a clear definition and sketch the foundations for a future European programme to support small-scale fishing that will help to improve the environmental and socio-economic sustainability of the fishing sector in the EU, that will make it possible to identify, differentiate and enhance the value of products from small-scale fishing in order to promote consumption of those products, and that will encourage new generations to work in the fishing sector so as to produce a generational renewal, ensuring decent quotas for small-scale fishermen and fisherwomen and greater control of resources, thereby increasing social cohesion in the EU’s coastal communities; |
| --- | --- |

38.

| 39. | Calls on the Commission to launch specific EU level public online consultations to collect data concerning the supply chain, market transparency issues, value sharing, labelling and consumer needs from broad range of stakeholders in the EU fishing sector; |
| --- | --- |

39.

| 40. | Calls on the Commission to explore the benefits that global value chains might offer for small-scale fishing and that might help it to integrate more easily into the global economy, increasing the added value of its products while making it possible to maintain its activity and that of local communities; stresses the importance of digital skills training to that end; |
| --- | --- |

40.

| 41. | Believes that the value chain of fisheries products is complex, going from producers through various middlemen to the retailer or restaurant; highlights that fish brokers and fish processors play an important role in the value chain; notes that, on average, the margin in the value chain is that only 10 % go to the producers, and the remaining 90 % are for the intermediaries; underlines that the shortening of the value chain, notably through the establishment of producer organisations which are key players through their production and marketing plans, is an initial vehicle to improving the income of the small-scale fishers, but also of getting a better product (probably at a better price) to the consumer; |
| --- | --- |

41.

| 42. | Stresses the importance of investing in young professionals in order to engage and empower the next generation of fishermen and calls for creating opportunities for young fishermen so that they develop new skills, build resilient businesses, be active members of their local communities and positively contribute to the value chain in the fishing sector; |
| --- | --- |

42.

| 43. | Calls on Member States and regional authorities to make use of the opportunities offered by FLAG support with a view to adapting operations to local needs in a large number of areas such as training and diversification of activities based on innovation, among many others and in assisting fishermen and members of local communities in accessing existing EU support programmes and funding; |
| --- | --- |

43.

| 44. | Calls on the Commission to investigate the possibility of establishing a process to make use of by-catches linked to the landing obligation in the economic and social interests of players in the value chain, especially fishermen, and by supporting local initiatives; |
| --- | --- |

44.

| 45. | Calls on the Member States and regional authorities to boost the transfer of information on existing support schemes and strengthen administrative support, for example by means of information platforms; |
| --- | --- |

45.

| 46. | Calls on the Commission to promote and support initiatives promoting greater selectivity in order to reduce by-catches and ultimately improve the financial viability of fisheries by targeting species that meet consumers’ expectations; |
| --- | --- |

46.

| 47. | Urges the Commission and Member States to include the gender approach in fisheries policies so that the significant role played by women in the EU fishing sector becomes more visible and so as to enhance their position; |
| --- | --- |

47.

| 48. | Calls on the Commission and Member States to create closer links between the world of work and schools, for example by providing for the inclusion of subjects relating to fisheries and aquaculture in the training courses offered by institutes of maritime technology; |
| --- | --- |

48.

| 49. | Calls on the Commission, the Member States and the regional authorities to pool their efforts to implement the activities proposed in this report with a view to making fishing activities more profitable; |
| --- | --- |

49.

| 50. | Instructs its President to forward this resolution to the Council, the Commission, the European Economic and Social Committee, the Committee of the Regions, the governments of the Member States, and the Advisory Councils. |
| --- | --- |

50.

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(1)  Texts adopted, P8_TA(2017)0316.

(2)  Texts adopted, P8_TA(2017)0255.

(3)  OJ C 76, 28.2.2018, p. 40.

(4)  Texts adopted, P8_TA(2017)0195.

(5)  Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).

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RESOLUTIONS

| 9.3.2020 | EN | Official Journal of the European Union | C 76/11 |
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9.3.2020

EN

Official Journal of the European Union

C 76/11

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P8_TA(2018)0211

Implementation of CAP young farmers’ tools in the EU after the 2013 reform

European Parliament resolution of 29 May 2018 on the implementation of CAP young farmers’ tools in the EU after the 2013 reform (2017/2088(INI))

(2020/C 76/03)

The European Parliament,

| — | having regard to Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (1), |
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—

having regard to Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (1),

| — | having regard to Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (2), |
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—

having regard to Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (2),

| — | having regard to Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material (3), |
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—

having regard to Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material (3),

| — | having regard to the study on ‘Young farmers: Policy implementation after the 2013 CAP reform’ commissioned by its Policy Department B – Structural and Cohesion Policies – and presented at the ComAGRI meeting of 23 November 2017, |
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—

having regard to the study on ‘Young farmers: Policy implementation after the 2013 CAP reform’ commissioned by its Policy Department B – Structural and Cohesion Policies – and presented at the ComAGRI meeting of 23 November 2017,

| — | having regard to its hearing on the ‘Implementation of young farmers’ policies after the 2013 CAP reform’, which took place on 23 November 2017, |
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—

having regard to its hearing on the ‘Implementation of young farmers’ policies after the 2013 CAP reform’, which took place on 23 November 2017,

| — | having regard to the European Court of Auditors Special Report No 10 /2017 on ‘EU support to young farmers should be better targeted to foster effective generational renewal’, |
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—

having regard to the European Court of Auditors Special Report No 10 /2017 on ‘EU support to young farmers should be better targeted to foster effective generational renewal’,

| — | having regard to its resolution of 27 April 2017 on the state of play of farmland concentration in the EU: how to facilitate the access to land for farmers (4), |
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—

having regard to its resolution of 27 April 2017 on the state of play of farmland concentration in the EU: how to facilitate the access to land for farmers (4),

| — | having regard to the study by the European Council of Young Farmers (CEJA) entitled ‘Young farmers are key in the future CAP’ published on 17 May 2017, |
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—

having regard to the study by the European Council of Young Farmers (CEJA) entitled ‘Young farmers are key in the future CAP’ published on 17 May 2017,

| — | having regard to the European Committee of the Regions Opinion on ‘Supporting young European farmers’ (5), |
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—

having regard to the European Committee of the Regions Opinion on ‘Supporting young European farmers’ (5),

| — | having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports, |
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—

having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

| — | having regard to the report of the Committee on Agriculture and Rural Development and the Opinion of the Committee on the Environment, Public Health and Food Safety (A8-0157/2018), |
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—

having regard to the report of the Committee on Agriculture and Rural Development and the Opinion of the Committee on the Environment, Public Health and Food Safety (A8-0157/2018),

| A. | whereas in the EU only about 6 % of all people in charge of farms are younger than 35 years old and more than half are aged over 55, and whereas the disparities between Member States are wide; |
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A.

whereas in the EU only about 6 % of all people in charge of farms are younger than 35 years old and more than half are aged over 55, and whereas the disparities between Member States are wide;

| B. | whereas these figures have not changed significantly over the last decade, with the percentage of young farmers shrinking and the ageing of the farming population being a major problem; whereas the generational renewal situations in agriculture vary widely from one Member State to another and thus call for a flexible and diversified approach; |
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B.

whereas these figures have not changed significantly over the last decade, with the percentage of young farmers shrinking and the ageing of the farming population being a major problem; whereas the generational renewal situations in agriculture vary widely from one Member State to another and thus call for a flexible and diversified approach;

| C. | whereas everywhere, for more than 50 years, agricultural development supported by the common agricultural policy (CAP) has favoured enlargement, concentration of holdings and strong capitalisation of production assets, making it difficult for some holdings to be passed on and/or accessible to young people, owing to the amounts of capital required in order to take them over; |
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C.

whereas everywhere, for more than 50 years, agricultural development supported by the common agricultural policy (CAP) has favoured enlargement, concentration of holdings and strong capitalisation of production assets, making it difficult for some holdings to be passed on and/or accessible to young people, owing to the amounts of capital required in order to take them over;

| D. | whereas the ageing of the agricultural workforce is especially acute in livestock-raising sectors, particularly sheep and goat farming, owing to existing limits on its profitability; |
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D.

whereas the ageing of the agricultural workforce is especially acute in livestock-raising sectors, particularly sheep and goat farming, owing to existing limits on its profitability;

| E. | whereas in the 2007-2013 period, the number of young farmers in the EU as a whole decreased from 3,3 to 2,3 million, and the area of farms cultivated by young farmers decreased during that period from 57 to 53 million hectares; |
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E.

whereas in the 2007-2013 period, the number of young farmers in the EU as a whole decreased from 3,3 to 2,3 million, and the area of farms cultivated by young farmers decreased during that period from 57 to 53 million hectares;

| F. | whereas, in the light of demographic changes such as depopulation and the ageing of the population in rural areas, it is essential to create opportunities for agriculture as a modern and attractive industry to encourage young people to pursue careers in farming; |
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F.

whereas, in the light of demographic changes such as depopulation and the ageing of the population in rural areas, it is essential to create opportunities for agriculture as a modern and attractive industry to encourage young people to pursue careers in farming;

| G. | whereas there is stiff competition for access to land between young people wishing to take up farming and farmers who are already well established, and in some cases, even between young people and investment firms which have started to take an interest in agriculture; |
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G.

whereas there is stiff competition for access to land between young people wishing to take up farming and farmers who are already well established, and in some cases, even between young people and investment firms which have started to take an interest in agriculture;

| H. | whereas in the future a whole agricultural development model based on family farms is at risk; |
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H.

whereas in the future a whole agricultural development model based on family farms is at risk;

| I. | whereas the CAP retains a crucial role in this regard; |
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I.

whereas the CAP retains a crucial role in this regard;

| J. | whereas generational renewal in agriculture is a problem combining two aspects, namely difficulties experienced by the younger generation in entering farming and difficulties in leaving it for the current generation of farmers, and whereas the shortage of young people pursuing careers in farming is jeopardising the economic and social sustainability and growth of rural areas, as well as the EU’s food self-sufficiency and food security; whereas a satisfactory economic situation is the first condition for making farming attractive; |
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J.

whereas generational renewal in agriculture is a problem combining two aspects, namely difficulties experienced by the younger generation in entering farming and difficulties in leaving it for the current generation of farmers, and whereas the shortage of young people pursuing careers in farming is jeopardising the economic and social sustainability and growth of rural areas, as well as the EU’s food self-sufficiency and food security; whereas a satisfactory economic situation is the first condition for making farming attractive;

| K. | whereas the most recent reform of the CAP has confirmed and introduced a series of tools which can be combined and adapted to national circumstances in the Member States, particularly the mandatory payment for young farmers under the first pillar (EUR 6,9 billion payable to 180 000 young farmers) and, under the second pillar, measures such as start-up aid, access to finance and credit, or the possibility of establishing a thematic sub-programme for young farmers (EUR 2,6 billion); |
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K.

whereas the most recent reform of the CAP has confirmed and introduced a series of tools which can be combined and adapted to national circumstances in the Member States, particularly the mandatory payment for young farmers under the first pillar (EUR 6,9 billion payable to 180 000 young farmers) and, under the second pillar, measures such as start-up aid, access to finance and credit, or the possibility of establishing a thematic sub-programme for young farmers (EUR 2,6 billion);

| L. | whereas in the EU not all Member States have a genuine policy relating to setting up in agriculture and not all of them use all the instruments that the CAP offers to support young farmers, especially the second-pillar measure on ‘business start-up aid for young farmers’; |
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L.

whereas in the EU not all Member States have a genuine policy relating to setting up in agriculture and not all of them use all the instruments that the CAP offers to support young farmers, especially the second-pillar measure on ‘business start-up aid for young farmers’;

| M. | whereas young women taking over the responsibility of managing a farming business represent only a small proportion of young farmers, but are not a homogeneous group and thus have different needs when starting this career; |
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M.

whereas young women taking over the responsibility of managing a farming business represent only a small proportion of young farmers, but are not a homogeneous group and thus have different needs when starting this career;

| N. | whereas generational renewal should be one of the key priorities for the future CAP, providing a common policy framework for national tailor-made strategies, and whereas encouraging generational renewal is an indispensable prerequisite for preserving agriculture across the EU and for keeping rural areas attractive and alive, notably by fostering the diversity of farms and promoting sustainable family farming; |
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N.

whereas generational renewal should be one of the key priorities for the future CAP, providing a common policy framework for national tailor-made strategies, and whereas encouraging generational renewal is an indispensable prerequisite for preserving agriculture across the EU and for keeping rural areas attractive and alive, notably by fostering the diversity of farms and promoting sustainable family farming;

| O. | whereas access to land has been identified as one of the main barriers to young farmers and new entrants, persisting for years and requiring genuine solutions; whereas access to land tends to be obstructed notably by, on the one hand, the loss of agricultural land through soil sealing, urban development, tourism, infrastructure projects, changes of use and the spread of desertification caused by climate change, and, on the other hand, by the concentration of land; whereas speculative price rises pose serious and increasingly alarming problems for new entrants and young farmers in many Member States; whereas the current supports, while facilitating access to finance or capital, do not address the substantial issue of gaining access to land in order to establish a new farm; |
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O.

whereas access to land has been identified as one of the main barriers to young farmers and new entrants, persisting for years and requiring genuine solutions; whereas access to land tends to be obstructed notably by, on the one hand, the loss of agricultural land through soil sealing, urban development, tourism, infrastructure projects, changes of use and the spread of desertification caused by climate change, and, on the other hand, by the concentration of land; whereas speculative price rises pose serious and increasingly alarming problems for new entrants and young farmers in many Member States; whereas the current supports, while facilitating access to finance or capital, do not address the substantial issue of gaining access to land in order to establish a new farm;

| P. | whereas new entrants such as young farmers are particularly vulnerable to price volatility and whereas they encounter additional difficulties in gaining access to funding from banks or other credit programmes, owing to a lack of financial assets to be used as security; |
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P.

whereas new entrants such as young farmers are particularly vulnerable to price volatility and whereas they encounter additional difficulties in gaining access to funding from banks or other credit programmes, owing to a lack of financial assets to be used as security;

| Q. | whereas EU support for young farmers should be better targeted in order to ensure generational renewal and combat the decline in and concentration of holdings; |
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Q.

whereas EU support for young farmers should be better targeted in order to ensure generational renewal and combat the decline in and concentration of holdings;

| R. | whereas despite the EU support measures, there are still challenges to be faced in the context of installation of young farmers and the generational renewal in the EU agricultural sector; |
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R.

whereas despite the EU support measures, there are still challenges to be faced in the context of installation of young farmers and the generational renewal in the EU agricultural sector;

| S. | whereas among new entrants women are identified as the primary farmer at greater rates than in the agricultural sector in general; |
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S.

whereas among new entrants women are identified as the primary farmer at greater rates than in the agricultural sector in general;

| T. | whereas the demographic picture in some regions of the EU is very unbalanced, with few or no young people living there; |
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T.

whereas the demographic picture in some regions of the EU is very unbalanced, with few or no young people living there;

| U. | whereas young farmers and new entrants represent important sources of innovation and entrepreneurship within agriculture, bringing benefits such as the introduction of new knowledge or techniques, the development of new business models based on end-users, the development of more sustainable farming systems, the development of new organisational models (e.g. share farming, pre-financing, crowdsourcing), the increase of connections between farming and the local community, and the adaptation of traditional knowledge to develop business innovations (e.g. artisanal food production); |
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U.

whereas young farmers and new entrants represent important sources of innovation and entrepreneurship within agriculture, bringing benefits such as the introduction of new knowledge or techniques, the development of new business models based on end-users, the development of more sustainable farming systems, the development of new organisational models (e.g. share farming, pre-financing, crowdsourcing), the increase of connections between farming and the local community, and the adaptation of traditional knowledge to develop business innovations (e.g. artisanal food production);

| V. | whereas major parts of the mountain regions face particular difficulties owing to lower investment rates, specific conditions and difficult relief, which discourages young people from remaining or starting businesses in these regions; |
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V.

whereas major parts of the mountain regions face particular difficulties owing to lower investment rates, specific conditions and difficult relief, which discourages young people from remaining or starting businesses in these regions;

| W. | whereas this sets as a prerequisite considering a more flexible approach for national and/or regional authorities when applying the mechanism of ‘young farmer’ in the countries with such regions; |
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W.

whereas this sets as a prerequisite considering a more flexible approach for national and/or regional authorities when applying the mechanism of ‘young farmer’ in the countries with such regions;

| X. | whereas new entrants tend to operate smaller farms and therefore struggle to access inputs at competitive prices and to produce the quantities required to achieve economies of scale; |
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X.

whereas new entrants tend to operate smaller farms and therefore struggle to access inputs at competitive prices and to produce the quantities required to achieve economies of scale;

| Y. | whereas 80 % of CAP subsidies are distributed to only 20 % of EU farms, and the actual distribution of subsidies could be even more unequal, as the available statistics do not make it possible to establish anything about the ownership and control of farms; |
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Y.

whereas 80 % of CAP subsidies are distributed to only 20 % of EU farms, and the actual distribution of subsidies could be even more unequal, as the available statistics do not make it possible to establish anything about the ownership and control of farms;

| Z. | whereas the ‘Young Farmers Manifesto’, launched in 2015 by the European Council of Young Farmers, calls for: access to land and credit through public support measures; regulation to curb unfair trading practices in the food supply chain; measures to reduce income volatility for young farmers; and support for investment and access to land in order to safeguard and protect soils and optimise land use by young farmers for food production; |
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Z.

whereas the ‘Young Farmers Manifesto’, launched in 2015 by the European Council of Young Farmers, calls for: access to land and credit through public support measures; regulation to curb unfair trading practices in the food supply chain; measures to reduce income volatility for young farmers; and support for investment and access to land in order to safeguard and protect soils and optimise land use by young farmers for food production;

| AA. | whereas young farmers are the key to a sustainable, diversified and inclusive agricultural sector and promoting their access to farming will help safeguard future food production and protect the environment and rural landscapes; |
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AA.

whereas young farmers are the key to a sustainable, diversified and inclusive agricultural sector and promoting their access to farming will help safeguard future food production and protect the environment and rural landscapes;

| AB. | whereas the extreme price volatility of agricultural products is a major disincentive to those who would like to set up a farming business, often leading them to focus on niche products with safer profit margins; |
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AB.

whereas the extreme price volatility of agricultural products is a major disincentive to those who would like to set up a farming business, often leading them to focus on niche products with safer profit margins;

| AC. | whereas EU law recognises the concepts of ‘young farmers’ and ‘farmers commencing their agricultural activity’; |
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AC.

whereas EU law recognises the concepts of ‘young farmers’ and ‘farmers commencing their agricultural activity’;

| AD. | whereas the concentration of land is a process which is intensifying considerably; whereas between 2005 and 2015 the number of farms decreased by around 3,8 million while their average size grew by 36 %; |
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AD.

whereas the concentration of land is a process which is intensifying considerably; whereas between 2005 and 2015 the number of farms decreased by around 3,8 million while their average size grew by 36 %;

| AE. | whereas the Cork 2.0 Declaration of 6 September 2016 expresses concerns about rural exodus and youth drain, and the need to ensure that rural areas and communities (countryside, farms, villages, and small towns) remain attractive places to live and work by improving access to services such as schools, hospitals, including maternity services, broadband and recreational amenities, together with opportunities for rural citizens to foster entrepreneurship in traditional rural domains as well as new sectors of the economy; |
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AE.

whereas the Cork 2.0 Declaration of 6 September 2016 expresses concerns about rural exodus and youth drain, and the need to ensure that rural areas and communities (countryside, farms, villages, and small towns) remain attractive places to live and work by improving access to services such as schools, hospitals, including maternity services, broadband and recreational amenities, together with opportunities for rural citizens to foster entrepreneurship in traditional rural domains as well as new sectors of the economy;

| AF. | whereas generational renewal depends above all on a real desire on the part of (EU and national) elected politicians and the relevant professionals, and particularly on older people; whereas that desire presupposes an ambitious and coherent overall policy – which is not genuinely the case today – involving both CAP tools and various national policy instruments in areas as diverse as land, financing, land tenure modes and farm structure policies, taxation, law of succession, pension schemes, training, etc.; |
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AF.

whereas generational renewal depends above all on a real desire on the part of (EU and national) elected politicians and the relevant professionals, and particularly on older people; whereas that desire presupposes an ambitious and coherent overall policy – which is not genuinely the case today – involving both CAP tools and various national policy instruments in areas as diverse as land, financing, land tenure modes and farm structure policies, taxation, law of succession, pension schemes, training, etc.;

| AG. | whereas nowadays, young farmers in the EU are competing in a rapidly evolving agricultural sector; whereas innovation, research and precision agriculture have the potential to improve agricultural yields while at the same time allowing for better management of resources; |
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AG.

whereas nowadays, young farmers in the EU are competing in a rapidly evolving agricultural sector; whereas innovation, research and precision agriculture have the potential to improve agricultural yields while at the same time allowing for better management of resources;

| AH. | whereas the number of applications submitted for the measure regarding the setting up of young people in farming under the second pillar of the CAP has, in some Member States, exceeded the value of the total farming start-ups provided for in the 2014-2020 programming period; |
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AH.

whereas the number of applications submitted for the measure regarding the setting up of young people in farming under the second pillar of the CAP has, in some Member States, exceeded the value of the total farming start-ups provided for in the 2014-2020 programming period;

| AI. | whereas young farmers, who, like all other farmers in the EU, produce and place their products on the single European market, do not enjoy the same business or borrowing conditions across all Member States; |
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AI.

whereas young farmers, who, like all other farmers in the EU, produce and place their products on the single European market, do not enjoy the same business or borrowing conditions across all Member States;

| AJ. | whereas initiatives such as ‘EU Action for Smart Villages’ have been set up; |
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AJ.

whereas initiatives such as ‘EU Action for Smart Villages’ have been set up;

| AK. | whereas rural areas need to be kept populated, with both younger people of working age and older people; |
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AK.

whereas rural areas need to be kept populated, with both younger people of working age and older people;

Recommendations

Budget and access to finance

| 1. | Advocates maintaining a strong CAP with a view to the forthcoming reform, given that this would constitute the most attractive incentive for young people wishing to engage in an agricultural activity; |
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1.

| 2. | Asks for implementation of the recent decisions taken in Regulation (EU) 2017/2393 and that the support to the ‘Young Farmer Scheme’ should continue by increasing the maximum level of national funding allocation beyond 2 % for compulsory payments (under the first pillar) and by increasing the support rate under the second pillar in order to encourage generational renewal; highlights that the reinforcement of a start-up aid measure for young farmers (young farmer grants) should be considered in any future CAP; |
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2.

| 3. | Welcomes the fact that, under Regulation (EU) 2017/2393, Member States have the possibility of increasing the allocation to young farmers under the first pillar by up to 50 % of the existing thresholds (previously 25 %); recommends that the period in which a farm can benefit from this support be extended in order to encourage generational renewal; welcomes also the decision to review, through Regulation (EU) 2017/2393, the limit placed on access to the support provided for under the first pillar, increasing it from five to ten years from the establishment of the business; |
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3.

| 4. | Welcomes the option for young farmers, provided for by Regulation (EU) 2017/2393, to receive rural development aid for their first farming business, even when they set up business jointly with other farmers, whether they be over 40, with a view to greater generational turnover, or young farmers, by multiplying the support; |
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4.

| 5. | Notes that CAP instruments for young farmers should be targeted to young farmers’ specific needs, including their economic and social needs; |
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5.

| 6. | Recommends that the support be varied also in accordance with the age of the young farmers and their level of training; |
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6.

| 7. | Welcomes the creation of an agricultural guarantee instrument, proposed by the Commission and the European Investment Bank (EIB) in March 2015, which should make it easier for young farmers to access credit; recommends that access to finance be improved through subsidised interest rates on loans for new entrants, also from private financial operators, in particular by implementing financial instruments to disburse interest-free loans for the investments of young farmers; calls for improved cooperation with the EIB and the European Investment Fund to foster the creation of financial instruments dedicated to young farmers across all Member States; |
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7.

| 8. | Considers it necessary to promote new forms of participatory financing in agriculture and those already observed within the EU on land piggybacking, which can be combined with these new financial instruments; |
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8.

| 9. | Recommends that assessments of the creditworthiness of farms by banks and credit institutions be improved, also by developing the CAP financial instruments; |
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9.

| 10. | Recommends making the opportunities offered in the European Structural and Investment Funds, in addition to CAP support, to design and implement financial instruments synergistically in the form of loan, guarantee or equity funds in order to provide access to finance to young farmers, more accessible; notes that a robust farm business plan is usually an essential component for obtaining funding and believes that the norms of prudent lending should apply; stresses the need for mediation for farmers and therefore recommends that supports should be accompanied by qualified and independent financial advisory services; |
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10.

| 11. | Underlines the need for better promotion of the Young Farmer Scheme by the Member States and calls for enhanced cooperation between national, regional and local authorities in order to disseminate the information on the support tools for young farmers; |
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11.

| 12. | Calls on the Commission to propose support measures for investments in smart farming, to increase the access of young farmers to technological advancements; |
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12.

Administration and simplification of the implemented measures

| 13. | Welcomes the fact that CAP reform 2014-2020 introduced new measures to support young farmers in setting up farms; expresses concern that the level of administrative burdens often inhibits the take-up of these measures; notes that the overall administration of the direct payments and Rural Development Programme measures is perceived as very complex and difficult, especially for new entrants who are not familiar with the payment system; recommends making a greater effort to simplify procedures and reduce the time required for payment approval; |
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13.

| 14. | Welcomes the amendments supporting young people brought in by Regulation (EU) 2017/2393, improving their access to financial instruments and providing for an increase in the single payment under the first pillar; |
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14.

| 15. | Calls for consultancy support to be made systematically available, particularly for young people who are not from rural areas; |
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15.

| 16. | Congratulates the Commission on its intention to deepen the measures promoting generational renewal in the forthcoming reform of the CAP, but considers that these new initiatives should be covered by a sufficient EU budget, since otherwise they will fail to provide the desired incentive effect; |
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16.

| 17. | Is disappointed at the lack of coordination between payments for young farmers and the set-up support measure, which are managed by different authorities; |
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17.

| 18. | Calls on the Commission to develop a more holistic approach enabling greater synergies between pillar I and pillar II supports, and stresses that the latter should be implemented by all Member States; |
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18.

| 19. | Notes that most newly set-up farms are placed in a competitive environment with fast-changing conditions; recommends giving EU farmers more flexibility to respond to changing conditions on the markets in their business plans; believes that changes in the payment instalments should be considered; |
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19.

| 20. | Notes that Member States have the possibility to apply further instruments through both pillars of the CAP and encourages those Member States with specific geographical challenges, such as mountainous or, in some cases, less-favoured regions, to consider introducing a multiplying factor (e.g. 2), which takes into account the number of harvests per year or the range of cultures which can be grown there, when granting support to young farmers who want to operate in these regions, in order to incentivise activities in these regions in an attempt to combat the demographic challenges there; |
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20.

| 21. | Points out that unfair trading practices in the food supply chain, whose imposition enables the buyer and/or processor or trader to exploit their significant negotiating power in relation to their suppliers, pose a serious threat to the stability of farmers’ businesses; calls on the Commission to adopt adequate regulation at EU level; |
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21.

| 22. | Calls on the Member States to make the necessary regulatory changes to ensure that aid to help young people join the farming sector and to improve agricultural holdings for young people is classed as a capital grant and not a current subsidy in all national legislation; |
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22.

| 23. | Recognises that farmers must be able to remain in charge of their land and that if a farm is to work well it must be free and flexible in the same way as any other type of business; |
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23.

| 24. | Stresses that payments to young farmers should not be delayed, but made periodically and predictably to prevent them from falling into debt, thus hampering their projects; |
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24.

| 25. | Urges that a result-driven approach be taken, which stimulates the development of new innovations and better resource management, thereby empowering motivated young farmers; |
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25.

| 26. | Stresses that to be economically viable a farm must be able to expand in order to attain a critical size commensurate with the economic reality of the market; |
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26.

| 27. | Stresses the need to take into account the diversity of territories, in particular the difficult areas, which require tailored support; |
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27.

Access to land and countering ‘land-grabbing’

| 28. | Notes that access to land is one of the main barriers to young farmers and new entrants to farming in the EU and is limited by the low supply of land for sale or rent in many regions, as well as by the competition from other farmers, investors and residential users, and problems in obtaining financing; believes that the circumstances limiting access to land in each Member State should be further studied; considers that the land access problem is exacerbated by the current direct payment structure, which may lead to higher land rental costs and purchase prices, requires minimal active use of the land and allocates subsidies largely on the basis of land ownership; believes that some farmers, whether owners or tenants, are incentivised to remain active in order to continue to benefit from subsidies by using service providers to enhance their land or by doing the minimum of work on their land; recommends increasing the activity levels required, taking into account new farming models, when allocating payments targeting support towards the achievement of particular outcomes (e.g. real working time spent farming, taking into account also new innovations, production of specific environmental or social goods), and prohibiting the combining of subsidies with the payment of a retirement pension, for which there is no justification; |
| --- | --- |

28.

| 29. | Recalls that, in order to achieve sustainable agriculture, young farmers must be able to invest and acquire agricultural land, as well as to obtain new or second-hand machinery and optimise their farming techniques; |
| --- | --- |

29.

| 30. | Stresses that owners must be free to sell to whoever they want and calls on the Commission to facilitate the transfer of land, and succession in particular, in order to make it easier for young people to set up; |
| --- | --- |

30.

| 31. | Calls on the Commission and the Member States to take measures to combat farmland speculation, given that access to land is the biggest problem faced by young and new farmers; |
| --- | --- |

31.

| 32. | Calls on the Commission to establish recommendations at European Union level to encourage more active national policies on access to land based on best practices; |
| --- | --- |

32.

| 33. | Calls on the Member States to give new entrants and young farmers priority in the access to farmland, by making full use of regulatory instruments that have already been implemented successfully in some Member States, in line with the Commission Interpretative Communication on the Acquisition of Farmland and European Union Law (6); considers, in this respect, that Member States could develop tools such as land banks to further facilitate access to land and to chart unused land available for young farmers; |
| --- | --- |

33.

| 34. | Believes it is important to have a derogation for young farmers set at the current limit of 10 % for land purchase as laid down in Commission Delegated Regulation (EU) No 480/2014 of 3 March 2014 on structural funds and in the Guidelines for State aid; |
| --- | --- |

34.

| 35. | Calls for more aid to be directed towards isolated or less populated areas, or areas affected by insufficient generational renewal; |
| --- | --- |

35.

| 36. | Asks the Commission to support the sharing of best practices on access to land in the Member States; |
| --- | --- |

36.

| 37. | Calls on the Commission to produce an evaluation of the direct and indirect impact of land and farmland repurchase by non-EU residents on the availability and price of farmland; |
| --- | --- |

37.

| 38. | Proposes that, as part of their national policies, the Member States should encourage farm and farm management advisory services to support and facilitate land mobility and succession planning services; |
| --- | --- |

38.

| 39. | Calls on all the Member States to introduce assistance for the transfer of farms in an effort to support farm managers over the age of 55 and without successors, who can find themselves in a precarious situation when the time comes to retire, on the condition that they hand over all or part of their farms to one or more young person(s); |
| --- | --- |

39.

| 40. | Urges the Member States to set up mechanisms to guarantee shared ownership of agricultural holdings, with a special emphasis on young women in order to ensure their rights are upheld; |
| --- | --- |

40.

| 41. | Takes the view that the definition of an active farmer must not result in any administrative burdens over and above those arising from the latest reform, or limit access to farming for young people by imposing excessive conditions; |
| --- | --- |

41.

| 42. | Notes that in many Member States the generational renewal and the access of young people to agricultural land is hindered by late succession; considers that the current CAP no longer lacks incentives for older farmers to pass their businesses to younger generations; recommends reconsidering the implementation of measures that would motivate older holders to pass their farms to young farmers, such as the ‘farm-exit scheme’ and other incentives for retirement, so that land does not all fall into the hands of neighbouring farms; points out the need for legal structures such as the ‘Groupements Agricoles d'Exploitation en Commun’ (GAEC), which can help young people to set up business together and ease the transfer between generations; |
| --- | --- |

42.

| 43. | Calls on the Commission and the Member States to stimulate the use of the possibilities under rural development to support the new actions to foster land mobility, such as land banks, farmland matching initiatives and other initiatives promoted at local level to encourage access to land for the new entrants; |
| --- | --- |

43.

| 44. | Considers that young farmers throughout the Union should have access to loans under the same conditions and interest rates, and that these should not vary; calls, in this regard, on the Commission, together with the European Investment Bank, to establish appropriate support measures and lending facilities for young farmers; |
| --- | --- |

44.

| 45. | Asks for the promotion of new models of collaboration between generations of farmers through partnership, agricultural machinery cooperatives, long-term leasing and other long-term arrangements, farm-to-farm arrangements and funds for national or regional organisations engaged in promoting and facilitating matching services between young and old farmers (such as land mobility services); |
| --- | --- |

45.

| 46. | Points out that greater and stronger organisation of farmers, through the establishment of cooperatives and the formation of producer organisations (POs) in sectors regulated at EU level by the Common Market Organisation (CMO) Regulation, may help farming become more profitable and help protect farmers’ income, particularly that of young farmers, by accompanying production choices and making the most of the features of rural areas; adds that a structural reform of POs, to make them stronger, more responsible and more efficient, and greater aggregation, can make an effective contribution, first and foremost to protecting and increasing the sector’s profitability over time; |
| --- | --- |

46.

| 47. | Notes the differences between the situations of generation renewal within the family and new entrants; believes that vocational training and courses must be adapted to those who plan to take over the family business or to those who plan to start a new business, according to their needs; |
| --- | --- |

47.

| 48. | Stresses that young women should be encouraged to take on the responsibility of management in agriculture and should be given adequate support in terms of access to land, credit and further knowledge of rules and regulations; |
| --- | --- |

48.

| 49. | Believes that the choice as to whether to regulate access to farmland and set incentives or restrictions to that end belongs to the Member States, particularly when it comes to tackling the EU’s land-grabbing phenomenon and encouraging young farmers to set up business; |
| --- | --- |

49.

| 50. | Calls on the Commission, together with the Member States and stakeholders, to further develop the recently adopted communication on the land market criterion system to ensure that EU law genuinely maintains a level playing field for all potential buyers of land – including positive discrimination in favour of EU farmers – and that it becomes absolutely clear to the Member States, in the context of the four fundamental freedoms, what land market regulation measures are permitted so as to enable farmers to obtain land more easily to use for agricultural and forestry purposes; calls on the Commission to suspend the current infringement proceedings aimed at assessing the compatibility with EU law of Member States’ laws on the sale of agricultural land until the final communication containing the aforementioned criteria is published; |
| --- | --- |

50.

| 51. | Takes the view that national land, urban and land-use planning (e.g. transport infrastructure) policies should take account of the practices of land waste and abandonment, and bring this land back into the agricultural sector so as to make more farmable land available to young farmers setting up; |
| --- | --- |

51.

| 52. | Welcomes the Commission Interpretative Communication on the Acquisition of Farmland and European Union Law, but points out that the communication does not reflect sufficiently on how to regulate share purchases by corporate groups, which are often active transnationally; calls on the Commission to update the communication in this respect; |
| --- | --- |

52.

| 53. | Highlights the importance of coherence between local, national and EU measures for young farmers; calls on Member States to facilitate generational renewal through, for example, inheritance and taxation laws, rules on access to land, territorial planning and farm succession strategies; |
| --- | --- |

53.

| 54. | Calls on the Member States to provide women with fair access to land with a view to encouraging them to settle in rural areas and play a full and active role in the agricultural sector; |
| --- | --- |

54.

| 55. | Calls on the Commission to finance a study on the current state of land concentration in the EU that takes into account the phenomenon of corporate groups with subsidiaries that acquire and control land via share deals, and that analyses the risks that land concentration poses, not only as regards access to land for young farmers and new entrants, but also as regards food supply, employment, the environment, soil quality and rural development in general; |
| --- | --- |

55.

| 56. | Takes the view that the EU should have land quality laws, given that land quality is deteriorating as a result of unsuitable agricultural development; points out that this land deterioration affects the land market and land prices, but also reduces the production capacity of lands passed on to future generations of farmers; |
| --- | --- |

56.

| 57. | Notes that the current CAP payments system, and decoupled payments in particular, does not promote the transfer of farmland and does not adequately protect young farmers from agricultural price volatility, to which they are more exposed for clear reasons owing to the fact that they are starting out and lack practical experience or may have limited financial instruments available to them; |
| --- | --- |

57.

Training, innovation and communication

| 58. | Notes that there is a need to modernise and give greater value to the vocational training provided in rural regions, with the active involvement of national advisory services; believes that access to the European Social Fund should be facilitated and an increased budget given to vocational training in rural areas; |
| --- | --- |

58.

| 59. | Underlines the most recent EU initiative, the European Solidarity Corps, which creates opportunities for young people to volunteer or work on projects in the field of natural resources, and across different areas such as agriculture, forestry and fisheries; |
| --- | --- |

59.

| 60. | Recommends advocating that these young people join cooperatives, which would necessarily provide them with important advice on marketing, production and other aspects related to their farm; |
| --- | --- |

60.

| 61. | Stresses the need for a review of criteria with a view to fostering young people’s incorporation into a society over which they have no control, with the aid young people receive being proportional to their importance in society; |
| --- | --- |

61.

| 62. | Calls on the Commission and the Member States to offer more opportunities for training and advice for potential and confirmed young farmers, including agribusiness start-up skills and farming, technological, new technological and entrepreneurial skills such as marketing, networking, communication, innovation, multifunctionality and diversification, and financial expertise; |
| --- | --- |

62.

| 63. | Calls on the Commission and the Member States to offer more training opportunities and more opportunities and incentives for international mobility; encourages the setting up of an Erasmus-type scheme associated with vocational training to improve young farmers’ skills and experience, also with regard to new technologies and new business models, and to enable an efficient and effective transfer of knowledge; |
| --- | --- |

63.

| 64. | Considers it important to foster the extension of networks of researchers, academics, managers and young European farmers who are interested in identifying new models of economic development to find innovative solutions to the social and market needs that are emerging from the new rural business world; |
| --- | --- |

64.

| 65. | Calls on the Commission and the Member States to make information available to young farmers and new entrants on innovative and non-conventional approaches that are best suited to starting a new farm, such as the development of new business models based on end-users, the development of more sustainable farming systems, the development of new organisational models (e.g. share farming, pre-financing, crowdsourcing), the increase of connections between farming and the local community, and the adaptation of traditional knowledge to develop business innovations (e.g. artisanal food production); |
| --- | --- |

65.

| 66. | Calls, in order to minimise the number of companies going out of business, for a mechanism to monitor or advise businesses with a view to providing continued support for young people in decision-making, for at least the first three years of their companies’ activity; |
| --- | --- |

66.

| 67. | Calls on the Commission and the Member States to encourage initiatives such as the French ‘Demain je serai paysan’, which aims to promote farming as a career among young people and to give them all the information they need to get the relevant training and set up their farms; |
| --- | --- |

67.

| 68. | Takes the view that a welcoming environment should be created for young people in the farming industry, via collective and solidarity-based structures such as the joint farming groups of an agricultural enterprise (farmers’ societies), cooperatives for the use of communal agricultural equipment, cooperatives for the processing and marketing of agricultural products, labour-sharing groups, replacement services, mutual assistance groups, agricultural extension and innovation groups, farmers’ and consumers’ associations, networks between agricultural and non-agricultural actors (LEADER), etc.; stresses that these kinds of organisation help professionals to share experience, advice and certain expenses, which is important for the budget and revenue of young people, who often have to pay significant start-up costs; |
| --- | --- |

68.

| 69. | Points to the importance of young people in rural areas having access to the same services and infrastructure (e.g. high-speed bandwidth, schools and pre-schooling, roads, etc.) as young people living in towns; deems it essential, therefore, to ensure that young farmers in rural areas are in a position to develop their farms and support their families; |
| --- | --- |

69.

| 70. | Calls for women’s entrepreneurial spirit and initiatives to be encouraged, in particular through the promotion of female ownership, networks of female young farmers, new entrants and entrepreneurs, and provision in the financial sector for facilitating access for rural businesswomen to investment and credit, thus enabling them to develop businesses from which they can make a stable living; |
| --- | --- |

70.

| 71. | Takes the view that generational renewal depends on the attractiveness of the farming profession, but in particular on its capacity to generate an income for those who wish to make a living from it; stresses that, for agriculture to be viable, the CAP must allow for a certain level of market regulation, in particular when the markets are not functioning well and are causing crises; points out that the current deregulation of markets is having a negative impact on the development of agriculture, is turning young people away from agriculture, and is having a serious impact on the young people who have already set up farms and have huge debts as a result of their start-up costs; |
| --- | --- |

71.

Public services

| 72. | Considers that developing modern agro-ecological agricultural practices and new business models will make agriculture more attractive to young farmers; highlights that young farmers must be trained and skilled in the latest technologies to tackle, in particular, current and future environmental challenges; stresses the need to support innovative and non-conventional approaches such as agro-ecology, new business models based on end-users, digital farming technology and smart solutions, and urges the Commission to ensure that any future CAP reflects this; |
| --- | --- |

72.

| 73. | Notes that young farmers represent a considerable potential for innovation and diversification in that they tend to have greater skills and managerial ability and be more inclined to enter new markets, develop new production methods and make the best use of technological advancements and innovation in the agriculture sector, which may, in particular, help to tackle the environmental challenges facing agriculture; considers it necessary, therefore, to provide critical support to young people wishing to introduce innovative production techniques and processes, such as precision agriculture and conservation systems, which aim to enhance the cost-effectiveness and environmental sustainability of the farming sector; asks the Commission to step up research into the use of technologies and farming practices enabling sustainable farming with a low environmental impact; stresses that creating new jobs and safeguarding them, and promoting innovation and digitisation in the area of agricultural training are essential for the competitiveness of farming in the EU; |
| --- | --- |

73.

| 74. | Highlights that farmers require access to infrastructure, affordable and high-quality public facilities, and services, including healthcare, education, high-speed broadband, assistance, training, cultural services, post offices, public transport and better roads; notes that the same conditions and standard of living should be ensured for young people living in rural areas as for those living in urban areas, so as not to increase further the rural exodus and the territorial divide; |
| --- | --- |

74.

| 75. | Asks the Commission and the Member States to make a firm commitment to setting up direct marketing channels that will allow young farmers to sell their products in local markets in a more sustainable way and with a greater benefit; |
| --- | --- |

75.

| 76. | Points out that, for smallholder farming and rural areas to develop further in a sustainable way, a generational change is required; |
| --- | --- |

76.

| 77. | Calls on the Commission to develop a Rural Agenda, which must include coordinated measures under the various EU, national, regional and local rural development policies; |
| --- | --- |

77.

| 78. | Highlights that the CAP needs smart approaches, as these new solutions make rural life and villages attractive to young people; |
| --- | --- |

78.

Measures to stop the rural exodus

| 79. | Considers it necessary to offer young farmers long-term prospects so as to stop the rural exodus, and calls on the Commission and the Member States to look into new initiatives for establishing the infrastructure necessary to support new entrepreneurs and their families in rural areas; |
| --- | --- |

79.

| 80. | Recommends, in this respect, that consideration be given to harmonising measures under rural development programmes and the first pillar of the CAP, EU cohesion policy measures and measures at national, regional and local level, in order to improve their effectiveness; |
| --- | --- |

80.

| 81. | Points out that innovation is not just a matter of farming techniques and new machinery but also includes development of new business models, including sales and marketing tools, training and collection of data and information; |
| --- | --- |

81.

| 82. | Calls on the Commission to orient direct payments towards small-scale holdings and agro-ecological farming in the upcoming CAP reform, as this will disproportionately benefit younger and new entrant farmers; |
| --- | --- |

82.

| 83. | Points out that rural areas should also have services that alleviate the pressures of farming, such as professional counselling, financial advice and advice on farm management; |
| --- | --- |

83.

| 84. | Stresses the need to provide broadband connections in rural and remote areas; welcomes the various initiatives in the area of ‘smart villages’, the ultimate objective of which must be to create new job opportunities and provide employment for young people in rural areas, either in the form of supplementary activities on farms or in non-farm activities (social care, mobility, healthcare, tourism, energy); considers that ever greater productivity in agriculture and the falling prices of agricultural produce will make it increasingly difficult to generate sufficient income from the basic agricultural activity, especially on small farms; |
| --- | --- |

84.

| 85. | Believes that any successful strategy for generational renewal and supporting young farmers should take a holistic approach to facilitate young farmers’ access to land, finance, advisory services and training, and take into account intergenerational renewal for the benefit of young and older farmers; stresses that this should make farming, which is vital for humanity, an attractive occupation to young farmers and wider society; |
| --- | --- |

85.

| 86. | Notes that strong support for young farmers and the development of new economic activities in the EU agricultural sector are essential for the future of rural areas and must be furthered as part of the new, post-2020 CAP; |
| --- | --- |

86.

The environment and sustainability

| 87. | Calls on the Commission to ensure greater consistency between environmental measures and to ensure that these measures are harmonised; reiterates that young farmers need measures that are clear and easy to put into practice; |
| --- | --- |

87.

| 88. | Believes that, in order to preserve settlement of rural areas and ensure a similar standard of living for people living there compared with urban areas, regulatory and administrative barriers urgently need to be removed so as to enable farm operators to carry out supplementary agricultural and non-agricultural activities, mainly in the social care, healthcare, tourism, mobility of the elderly and energy sectors, thereby providing an appropriate income for farm operators and their families and reducing the risk of rural depopulation; |
| --- | --- |

88.

| 89. | Calls for a new dialogue with society about the future of the agrifood industry so as to produce a realistic picture of what farming involves and improve knowledge of what it means to be a farmer and how food is produced; |
| --- | --- |

89.

Other

| 90. | Calls on the Commission and the Member States to take measures to secure farmers’ incomes in the face of various climate, health and economic risks and thus make farms more resilient, in particular by introducing new risk management tools and strengthening existing ones; |
| --- | --- |

90.

| 91. | Draws attention to the specific characteristics of the EU’s Outermost Regions, whose unique environmental, climate and health situations are very different to those of the European continent, and calls therefore, as provided for under Article 349 TFEU, for greater account to be taken of these regions and of their specific needs and assets in the implementation and development of CAP instruments for young farmers, including in terms of access to funding; |
| --- | --- |

91.

| 92. | Emphasises that small and family undertakings operating under difficult conditions and seeking additional sources of revenue should be supported to an even greater extent, for example through the funding of advisory services or innovative business models; |
| --- | --- |

92.

| 93. | Recommends that generational renewal must also take account of intergenerational renewal for the benefit of young and older farmers; notes the importance of farmers drawing up a farm succession plan and notes the need for a transitional payment to facilitate this succession; |
| --- | --- |

93.

o

o o

| 94. | Instructs its President to forward this resolution to the Council and the Commission, the European Court of Auditors, and to the governments and parliaments of the Member States. |
| --- | --- |

94.

---

(1)  OJ L 347, 20.12.2013, p. 487.

(2)  OJ L 347, 20.12.2013, p. 608.

(3)  OJ L 350, 29.12.2017, p. 15.

(4)  Texts adopted, P8_TA(2017)0197.

(5)  OJ C 207, 30.6.2017, p. 57.

(6)  OJ C 350, 18.10.2017, p. 5.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/23 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/23

---

P8_TA(2018)0215

Sustainable finance

European Parliament resolution of 29 May 2018 on sustainable finance (2018/2007(INI))

(2020/C 76/04)

The European Parliament,

| — | having regard to the G20 commitment to sustainable growth under the German presidency from 1 December 2016 to 30 November 2017, with particular reference to the statement: ‘we will continue to use all policy tools – monetary, fiscal and structural – individually and collectively to achieve our goal of strong, sustainable, balanced and inclusive growth, while enhancing economic and financial resilience’, |
| --- | --- |

—

having regard to the G20 commitment to sustainable growth under the German presidency from 1 December 2016 to 30 November 2017, with particular reference to the statement: ‘we will continue to use all policy tools – monetary, fiscal and structural – individually and collectively to achieve our goal of strong, sustainable, balanced and inclusive growth, while enhancing economic and financial resilience’,

| — | having regard to the Sustainable Development Goals set by the United Nations, in particular the commitment to take action to combat climate change and its impact and to ensure sustainable consumption and production, |
| --- | --- |

—

having regard to the Sustainable Development Goals set by the United Nations, in particular the commitment to take action to combat climate change and its impact and to ensure sustainable consumption and production,

| — | having regard to the Commission’s commitment to sustainable investment in this regard in the Capital Markets Union (CMU) plan and specifically the findings of the High-Level Expert Group (HLEG) on Sustainable Finance, |
| --- | --- |

—

having regard to the Commission’s commitment to sustainable investment in this regard in the Capital Markets Union (CMU) plan and specifically the findings of the High-Level Expert Group (HLEG) on Sustainable Finance,

| — | having regard to the HLEG interim report of July 2017 entitled ‘Financing a Sustainable European Economy’, which outlines the tension between short-term profit seeking behaviour and the need for long-term investment in order to meet the environmental, social and governance (ESG) targets, and in particular to point 5 on the financial system and policy framework risks succumbing to the ‘tragedy of the horizon’ on page 16, |
| --- | --- |

—

having regard to the HLEG interim report of July 2017 entitled ‘Financing a Sustainable European Economy’, which outlines the tension between short-term profit seeking behaviour and the need for long-term investment in order to meet the environmental, social and governance (ESG) targets, and in particular to point 5 on the financial system and policy framework risks succumbing to the ‘tragedy of the horizon’ on page 16,

| — | having regard to the Commission communication of 8 June 2017 on the Mid-Term Review of the Capital Markets Union Action Plan (COM(2017)0292), |
| --- | --- |

—

having regard to the Commission communication of 8 June 2017 on the Mid-Term Review of the Capital Markets Union Action Plan (COM(2017)0292),

| — | having regard to the HLEG final report of January 2018 entitled ‘Financing a Sustainable European Economy’, |
| --- | --- |

—

having regard to the HLEG final report of January 2018 entitled ‘Financing a Sustainable European Economy’,

| — | having regard to page 14 of the HLEG interim report, which states that Europe’s investors have a combined exposure to carbon-intensive sectors of roughly 45 % and that less than 1 % of global institutional investors are green infrastructure assets, |
| --- | --- |

—

having regard to page 14 of the HLEG interim report, which states that Europe’s investors have a combined exposure to carbon-intensive sectors of roughly 45 % and that less than 1 % of global institutional investors are green infrastructure assets,

| — | having regard to the fact that prudential frameworks, in particular Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (1), and accounting rules for investors discourage a long-term approach, and that prudential rules require a level of capital proportional to the level of risk over a one-year horizon and only take financial risk into consideration for the calculation of capital requirements, |
| --- | --- |

—

having regard to the fact that prudential frameworks, in particular Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (1), and accounting rules for investors discourage a long-term approach, and that prudential rules require a level of capital proportional to the level of risk over a one-year horizon and only take financial risk into consideration for the calculation of capital requirements,

| — | having regard to Article 173 of French Law No 2015-992 of 17 August 2015 on Energy Transition for Green Growth, |
| --- | --- |

—

having regard to Article 173 of French Law No 2015-992 of 17 August 2015 on Energy Transition for Green Growth,

| — | having regard to both the speech of 22 September 2016 by Mark Carney, Governor of the Bank of England and Chair of the Financial Stability Board, and the Carbon Trackers Initiative report of 2015, with particular reference to the fact that the combined market capitalisation of the top four US coal producers had fallen by over 99 % since the end of 2010, |
| --- | --- |

—

having regard to both the speech of 22 September 2016 by Mark Carney, Governor of the Bank of England and Chair of the Financial Stability Board, and the Carbon Trackers Initiative report of 2015, with particular reference to the fact that the combined market capitalisation of the top four US coal producers had fallen by over 99 % since the end of 2010,

| — | having regard to the Luxembourg-EIB Climate Finance Platform established in September 2016, |
| --- | --- |

—

having regard to the Luxembourg-EIB Climate Finance Platform established in September 2016,

| — | having regard to page 9 of the E3G discussion paper of May 2016 entitled ‘Clean Energy Lift Off – Capitalising Europe’s Energy Union’, with particular reference to the fact that from 2008 to 2013 the top 20 energy utilities in Europe saw over half of their EUR 1 trillion market value wiped out, |
| --- | --- |

—

having regard to page 9 of the E3G discussion paper of May 2016 entitled ‘Clean Energy Lift Off – Capitalising Europe’s Energy Union’, with particular reference to the fact that from 2008 to 2013 the top 20 energy utilities in Europe saw over half of their EUR 1 trillion market value wiped out,

| — | having regard to Carbon Tracker Initiative reports of 2015 and 2016, which indicate that another USD 1,1 to USD 2 trillion fossil fuel capex is at risk of stranding, with USD 500 billion in the Chinese power sector alone, |
| --- | --- |

—

having regard to Carbon Tracker Initiative reports of 2015 and 2016, which indicate that another USD 1,1 to USD 2 trillion fossil fuel capex is at risk of stranding, with USD 500 billion in the Chinese power sector alone,

| — | having regard to the OECD ‘Recommendation of the Council on Common Approaches for Officially Supported Export Credits and Environmental and Social Due Diligence’ (the ‘Common Approaches’), which recognises ‘the responsibility of Adherents to implement the commitments undertaken by the Parties to the United Nations Framework Convention on Climate Change’ and ‘the responsibility of Adherents to consider the positive and negative environmental and social impacts of projects, in particular in sensitive sectors or located in or near sensitive areas, and the environmental and social risks associated with existing operations, in their decisions to offer official support for export credits’, |
| --- | --- |

—

having regard to the OECD ‘Recommendation of the Council on Common Approaches for Officially Supported Export Credits and Environmental and Social Due Diligence’ (the ‘Common Approaches’), which recognises ‘the responsibility of Adherents to implement the commitments undertaken by the Parties to the United Nations Framework Convention on Climate Change’ and ‘the responsibility of Adherents to consider the positive and negative environmental and social impacts of projects, in particular in sensitive sectors or located in or near sensitive areas, and the environmental and social risks associated with existing operations, in their decisions to offer official support for export credits’,

| — | having regard to the OECD Responsible Business Conduct for Institutional Investors guidelines of 2017, in particular page 13, which states that ‘investors, even those with minority shareholdings, may be directly linked to adverse impacts caused or contributed to by investee companies as a result of their ownership in, or management of, shares in the company causing or contributing to certain social or environmental impacts’, |
| --- | --- |

—

having regard to the OECD Responsible Business Conduct for Institutional Investors guidelines of 2017, in particular page 13, which states that ‘investors, even those with minority shareholdings, may be directly linked to adverse impacts caused or contributed to by investee companies as a result of their ownership in, or management of, shares in the company causing or contributing to certain social or environmental impacts’,

| — | having regard to the European Bank for Reconstruction and Development (EBRD)’s Green Economy Transition approach (GET), which aims to mitigate and/or build resilience to the effects of climate change and other forms of environmental degradation, with particular reference to EBRD documents linking transition impact and the environment, including, where appropriate, changes in the project’s assessment methodology, |
| --- | --- |

—

having regard to the European Bank for Reconstruction and Development (EBRD)’s Green Economy Transition approach (GET), which aims to mitigate and/or build resilience to the effects of climate change and other forms of environmental degradation, with particular reference to EBRD documents linking transition impact and the environment, including, where appropriate, changes in the project’s assessment methodology,

| — | having regard to the OECD paper of 2017 entitled ‘Responsible Business Conduct for Institutional Investors: Key Considerations for Due Diligence under the OECD Guidelines for Multinational Enterprises’, |
| --- | --- |

—

having regard to the OECD paper of 2017 entitled ‘Responsible Business Conduct for Institutional Investors: Key Considerations for Due Diligence under the OECD Guidelines for Multinational Enterprises’,

| — | having regard to the 2018 report by the High-Level Task Force on Investing in Social Infrastructure in Europe entitled ‘Boosting Investment in Social Infrastructure in Europe’, |
| --- | --- |

—

having regard to the 2018 report by the High-Level Task Force on Investing in Social Infrastructure in Europe entitled ‘Boosting Investment in Social Infrastructure in Europe’,

| — | having regard to the French Corporate Duty of Vigilance Law of 27 March 2017, and in particular Articles 1 and 2 thereof, |
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—

having regard to the French Corporate Duty of Vigilance Law of 27 March 2017, and in particular Articles 1 and 2 thereof,

| — | having regard to Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups (2) (Non-Financial Reporting Directive – NFRD), and in particular Articles 19 and 19a of Directive 2013/34/EU and Recitals 3, 6, 7 and 8 of Directive 2014/95/EU, |
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—

having regard to Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups (2) (Non-Financial Reporting Directive – NFRD), and in particular Articles 19 and 19a of Directive 2013/34/EU and Recitals 3, 6, 7 and 8 of Directive 2014/95/EU,

| — | having regard to Directive (EU) 2017/828 of the European Parliament and of the Council of 17 May 2017 amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement (3) (the Shareholder Rights Directive), |
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—

having regard to Directive (EU) 2017/828 of the European Parliament and of the Council of 17 May 2017 amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement (3) (the Shareholder Rights Directive),

| — | having regard to Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs) (4) (the IORPs Directive), |
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—

having regard to Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs) (4) (the IORPs Directive),

| — | having regard to Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (5), |
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—

having regard to Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (5),

| — | having regard to Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012 (6) (the STS Regulation) |
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—

having regard to Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012 (6) (the STS Regulation)

| — | having regard to Article 8(4) of Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) (7) (the PRIIPs Regulation), which states that when a packaged retail and insurance-based investment product has a demonstrated environmental or social objective, the manufacturer has to demonstrate to the potential retail investor and wider stakeholders how those objectives are met throughout the investment process, |
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—

having regard to Article 8(4) of Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) (7) (the PRIIPs Regulation), which states that when a packaged retail and insurance-based investment product has a demonstrated environmental or social objective, the manufacturer has to demonstrate to the potential retail investor and wider stakeholders how those objectives are met throughout the investment process,

| — | having regard to the suggestion from Triodos Bank of ‘model mandates’ which contain the requirement of full integration of environmental, social and governance factors in investment decisions, active engagement and voting on these issues, the choice of sustainable benchmarks, less frequent but more meaningful reporting by asset managers and a long-term oriented fee and pay structure, |
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—

having regard to the suggestion from Triodos Bank of ‘model mandates’ which contain the requirement of full integration of environmental, social and governance factors in investment decisions, active engagement and voting on these issues, the choice of sustainable benchmarks, less frequent but more meaningful reporting by asset managers and a long-term oriented fee and pay structure,

| — | having regard to the British Government’s reinterpretation of fiduciary duty, which weakens the link to maximum returns and allows for ethical and environmental issues to be considered, |
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—

having regard to the British Government’s reinterpretation of fiduciary duty, which weakens the link to maximum returns and allows for ethical and environmental issues to be considered,

| — | having regard to the pioneering role played by the European Investment Bank (EIB) by issuing the world’s first green bond and becoming the world’s largest issuer of green bonds as of January 2018, |
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—

having regard to the pioneering role played by the European Investment Bank (EIB) by issuing the world’s first green bond and becoming the world’s largest issuer of green bonds as of January 2018,

| — | having regard to the Principles for Positive Impact Finance developed by the United Nations Environment Programme Finance Initiative (UNEP FI), |
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—

having regard to the Principles for Positive Impact Finance developed by the United Nations Environment Programme Finance Initiative (UNEP FI),

| — | having regard to the Committee of the Regions opinion of 10 October 2017 on ‘Climate finance: an essential tool for the implementation of the Paris Agreement’ highlighting the role of local and regional governments in enhancing the investment pipeline for achieving the objectives of the Paris Agreement, |
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—

having regard to the Committee of the Regions opinion of 10 October 2017 on ‘Climate finance: an essential tool for the implementation of the Paris Agreement’ highlighting the role of local and regional governments in enhancing the investment pipeline for achieving the objectives of the Paris Agreement,

| — | having regard to the UNEP Inquiry into the Design of a Sustainable Financial System, |
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—

having regard to the UNEP Inquiry into the Design of a Sustainable Financial System,

| — | having regard to the Climate Bonds Initiative report of 2017, which shows how bonds are being used to transition to a low-carbon global economy, |
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—

having regard to the Climate Bonds Initiative report of 2017, which shows how bonds are being used to transition to a low-carbon global economy,

| — | having regard to the UNEP Inquiry report of 2016, which finds that several national financial regulators are already performing or preparing sustainability assessments and such initiatives should be rapidly mainstreamed at EU level, and with reference to the point that such analyses should build on standardised climate scenarios, including one in which a rise in global temperatures is kept well below 2 °C, |
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—

having regard to the UNEP Inquiry report of 2016, which finds that several national financial regulators are already performing or preparing sustainability assessments and such initiatives should be rapidly mainstreamed at EU level, and with reference to the point that such analyses should build on standardised climate scenarios, including one in which a rise in global temperatures is kept well below 2 °C,

| — | having regard to the recommendation in the HLEG final report of January 2018 that the Commission should conduct a sustainability test on all financial legislative proposals, |
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—

having regard to the recommendation in the HLEG final report of January 2018 that the Commission should conduct a sustainability test on all financial legislative proposals,

| — | having regard to the midterm review of the CMU (COM(2017)0292) and to the Commission’s clear statement that it ‘supports alignment of private investments with climate, resource-efficiency and other environmental objectives, both through policy measures and public investment’ (COM(2016)0601), |
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—

having regard to the midterm review of the CMU (COM(2017)0292) and to the Commission’s clear statement that it ‘supports alignment of private investments with climate, resource-efficiency and other environmental objectives, both through policy measures and public investment’ (COM(2016)0601),

| — | having regard to the Bundesbank report of April 2017 and the Bank of England Quarterly Bulletin of 2014 Q4, which state that most money in circulation is created by the private banking sector when banks make loans, |
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—

having regard to the Bundesbank report of April 2017 and the Bank of England Quarterly Bulletin of 2014 Q4, which state that most money in circulation is created by the private banking sector when banks make loans,

| — | having regard to Article 2(1)(c) of the Paris Agreement on the need to make ‘finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development’, |
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—

having regard to Article 2(1)(c) of the Paris Agreement on the need to make ‘finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development’,

| — | having regard to the UNISDR and CRED report entitled ‘The Human Cost of Weather-Related Disasters 1995-2015’, which found that 90 % of major disasters recorded in this period caused by natural hazards were linked to climate and weather and that, globally, disasters cause USD 300 billion in economic damage every year (8), |
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—

having regard to the UNISDR and CRED report entitled ‘The Human Cost of Weather-Related Disasters 1995-2015’, which found that 90 % of major disasters recorded in this period caused by natural hazards were linked to climate and weather and that, globally, disasters cause USD 300 billion in economic damage every year (8),

| — | having regard to the Sendai Framework for Disaster Risk Reduction 2015-2030, and to Priority 3 thereof on ‘Investing in disaster risk reduction for resilience’, including paragraph 30 stating the need ‘to promote, as appropriate, the integration of disaster risk reduction considerations and measures in financial and fiscal instruments’, |
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—

having regard to the Sendai Framework for Disaster Risk Reduction 2015-2030, and to Priority 3 thereof on ‘Investing in disaster risk reduction for resilience’, including paragraph 30 stating the need ‘to promote, as appropriate, the integration of disaster risk reduction considerations and measures in financial and fiscal instruments’,

| — | having regard to the Financial Stability Board report of June 2017 entitled ‘Recommendations of the Task Force on Climate-related Financial Disclosure’, |
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—

having regard to the Financial Stability Board report of June 2017 entitled ‘Recommendations of the Task Force on Climate-related Financial Disclosure’,

| — | having regard to the work of the European Systemic Risk Board (ESRB) on the risks of stranded assets and the need for European ‘carbon stress tests’, |
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—

having regard to the work of the European Systemic Risk Board (ESRB) on the risks of stranded assets and the need for European ‘carbon stress tests’,

| — | having regard to the European Court of Auditors Special Report No 31/2016, which found that, despite the EU making a political commitment under the current budgetary period 2014-2020 to spend one euro in every five (20 %) on climate-related purposes, it was not on track to meet that commitment, since current programming would account for only around 18 %, |
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—

having regard to the European Court of Auditors Special Report No 31/2016, which found that, despite the EU making a political commitment under the current budgetary period 2014-2020 to spend one euro in every five (20 %) on climate-related purposes, it was not on track to meet that commitment, since current programming would account for only around 18 %,

| — | having regard to the EIB 2016 Statistical Report of 27 April 2017, which shows that EIB support for climate action continues to reflect the different market contexts across the EU and did not reach the level of 20 % in 16 EU Member States in 2016, and that while climate action investment in 2016 was predominantly located in the EU’s stronger economies, the EIB financed renewable energy projects in 11 Member States and energy efficiency projects in 18 Member States in 2016, |
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—

having regard to the EIB 2016 Statistical Report of 27 April 2017, which shows that EIB support for climate action continues to reflect the different market contexts across the EU and did not reach the level of 20 % in 16 EU Member States in 2016, and that while climate action investment in 2016 was predominantly located in the EU’s stronger economies, the EIB financed renewable energy projects in 11 Member States and energy efficiency projects in 18 Member States in 2016,

| — | having regard to the report of the High-Level Task force on Investing in Social Infrastructure in Europe, which estimates the minimum gap in social infrastructure investment in the EU at EUR 100-150 billion per year and a total gap of over EUR 1,5 trillion in 2018-2030, |
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—

having regard to the report of the High-Level Task force on Investing in Social Infrastructure in Europe, which estimates the minimum gap in social infrastructure investment in the EU at EUR 100-150 billion per year and a total gap of over EUR 1,5 trillion in 2018-2030,

| — | having regard to its resolution of 8 February 2018 on the Annual Report on the Financial Activities of the European Investment Bank (9), |
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—

having regard to its resolution of 8 February 2018 on the Annual Report on the Financial Activities of the European Investment Bank (9),

| — | having regard to its resolution of 6 February 2018 on the European Central Bank Annual Report for 2016 (10), |
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—

having regard to its resolution of 6 February 2018 on the European Central Bank Annual Report for 2016 (10),

| — | having regard to its resolution of 14 November 2017 on the Action Plan on Retail Financial Services (11), |
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—

having regard to its resolution of 14 November 2017 on the Action Plan on Retail Financial Services (11),

| — | having regard to the EIB Investment Report 2017/2018, |
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—

having regard to the EIB Investment Report 2017/2018,

| — | having regard to its resolution of 2 July 2013 on innovating for sustainable growth: a bioeconomy for Europe (12), |
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—

having regard to its resolution of 2 July 2013 on innovating for sustainable growth: a bioeconomy for Europe (12),

| — | having regard to the European Commission Circular Economy Package of 2015 and Parliament’s resolution of 9 July 2015 on resource efficiency: moving towards a circular economy (13), |
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—

having regard to the European Commission Circular Economy Package of 2015 and Parliament’s resolution of 9 July 2015 on resource efficiency: moving towards a circular economy (13),

| — | having regard to the UN Guiding Principles on Business and Human Rights and the responsibility to Protect, Respect and Remedy, |
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—

having regard to the UN Guiding Principles on Business and Human Rights and the responsibility to Protect, Respect and Remedy,

| — | having regard to the UN 2030 Agenda for Sustainable Development and the Sustainable Development Goals, |
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—

having regard to the UN 2030 Agenda for Sustainable Development and the Sustainable Development Goals,

| — | having regard to Rule 52 of its Rules of Procedure, |
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—

having regard to Rule 52 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A8-0164/2018), |
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—

having regard to the report of the Committee on Economic and Monetary Affairs (A8-0164/2018),

| A. | whereas financial markets can and should play a vital role in facilitating the transition to a sustainable economy in the EU which extends beyond climate transition and ecological issues and also concerns social and governance issues; whereas there is an urgent need to address related market failures; whereas the environmental, economic and social challenges are closely intertwined; whereas according to the HLEG report of July 2017, the funding gap to deliver Europe’s decarbonisation efforts is almost EUR 180 billion, excluding other sustainable development goals; |
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A.

whereas financial markets can and should play a vital role in facilitating the transition to a sustainable economy in the EU which extends beyond climate transition and ecological issues and also concerns social and governance issues; whereas there is an urgent need to address related market failures; whereas the environmental, economic and social challenges are closely intertwined; whereas according to the HLEG report of July 2017, the funding gap to deliver Europe’s decarbonisation efforts is almost EUR 180 billion, excluding other sustainable development goals;

| B. | whereas the environmental transition must act as an incentive to enhance solidarity and cohesion; whereas sustainable finance can be a means to address societal challenges with a view to long-term inclusive growth and to promote citizens’ wellbeing; whereas criteria on investment in climate change mitigation seem most promising and can be a good starting point; whereas sustainable finance goes beyond climate and green investments and should also take social and governance criteria on board as a matter of urgency; |
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B.

whereas the environmental transition must act as an incentive to enhance solidarity and cohesion; whereas sustainable finance can be a means to address societal challenges with a view to long-term inclusive growth and to promote citizens’ wellbeing; whereas criteria on investment in climate change mitigation seem most promising and can be a good starting point; whereas sustainable finance goes beyond climate and green investments and should also take social and governance criteria on board as a matter of urgency;

| C. | whereas a predictable and stable regulatory system for climate change related investments is of the utmost importance to foster private sector involvement in climate finance; whereas the European Union can set a standard for a sustainable financial system by introducing a credible and comprehensive framework, the details of which should be phased in through specific legislative initiatives; |
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C.

whereas a predictable and stable regulatory system for climate change related investments is of the utmost importance to foster private sector involvement in climate finance; whereas the European Union can set a standard for a sustainable financial system by introducing a credible and comprehensive framework, the details of which should be phased in through specific legislative initiatives;

| D. | whereas a shift in mindset of all the stakeholders is needed, which requires cross-cutting legislation from the Commission; whereas institutional and retail investors are showing increased interest in investing in products observing ESG criteria; |
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D.

whereas a shift in mindset of all the stakeholders is needed, which requires cross-cutting legislation from the Commission; whereas institutional and retail investors are showing increased interest in investing in products observing ESG criteria;

| E. | whereas increased transparency of ESG-related data on companies is needed to prevent ‘green-washing’; |
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E.

whereas increased transparency of ESG-related data on companies is needed to prevent ‘green-washing’;

| F. | whereas impact evaluation should be part of the taxonomy of sustainable financial products; whereas expertise is growing in how to calculate the impact of investments in ESG goals; |
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F.

whereas impact evaluation should be part of the taxonomy of sustainable financial products; whereas expertise is growing in how to calculate the impact of investments in ESG goals;

The need to provide an appropriate policy framework to mobilise capital required for a sustainable transition

| 1. | Stresses the potential of a faster sustainable transition as an opportunity for orienting capital markets and financial intermediaries towards long-term, innovative, socially friendly, environmentally sound and efficient investments; acknowledges the current trend of divestment from coal, but points out that further endeavours are required for divesting from other fossil fuels; underlines the importance of European banks and capital markets gaining from the advantages of innovation in this area; notes that ESG benefits and risks are often not adequately integrated in prices and that this provides market incentives to unsustainable and short-termist geared finance for certain market participants focused on fast returns; stresses that a well-designed political, supervisory and regulatory framework to govern sustainable finance, taking into account the diverse opportunities of the EU regions, is needed; notes that such a framework could help to mobilise capital at scale for sustainable development and enhance market efficiency to channel capital flows towards assets that contribute to sustainable development; calls on the Commission to come forward with an ambitious legislative framework, recognising the proposals put forward in the Commission Action Plan on Sustainable Finance; |
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1.

The role of the financial sector as regards sustainability and the policies required for correcting market failures

| 2. | Stresses that the financial sector as a whole and its core function of allocating capital as efficiently as possible to the benefit of society should, in line with the EU’s objectives, be governed by the values of equity and inclusiveness and the principle of sustainability and should include ESG indicators and the cost of non-action in investment analyses and investment decisions; notes that inaccurate assessment or misleading presentation of climate and other environmental risks of financial products can constitute a risk to market stability; emphasises the instrumental role of economic, fiscal and monetary policy in fostering sustainable finance by facilitating capital allocation and the reorientation of investments towards more sustainable technologies and businesses, and towards decarbonised, disaster-resilient and resource-efficient economic activities which are able to reduce the current need for future resources and are thereby capable of meeting goals related to EU sustainability and to the Paris Agreement; acknowledges that an appropriate and increasing price for greenhouse gas emissions is an important component in a functioning and efficient environmental and social market economy by correcting current market failures; notes that the price in the European carbon market has been unstable; calls on the Commission and the Member States to work towards phasing out direct and indirect subsidies for fossil fuels; |
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2.

Stranded assets and related systemic risks

| 3. | Underlines that although value is still attached to carbon assets on the balance sheets of undertakings, this value will need to follow a downward trend if a transition to a low-carbon society is to be achieved; emphasises therefore the substantial systemic risks that stranded carbon and environmentally harmful assets represent to financial stability if these assets are not duly priced in a timely fashion according to their long-term risk profile; stresses the need for the identification, assessment, and prudent management of exposures, and, after a transitional period, proportionate mandatory reporting, and progressive disposal of these assets as essential to the orderly, balanced and stable transition to climate-positive and resource-efficient investments; recommends extending the stranded assets concept to include fundamental ecological systems and services; |
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3.

| 4. | Calls for the introduction of European ‘carbon stress tests’ as proposed by the European Systemic Risk Board (ESRB) in 2016 for banks and other financial intermediaries to be able to determine the risks related to such stranded assets; welcomes the ESRB proposals for developing climate-resilient prudential policies, such as specific capital adjustment based on the carbon intensity of individual exposures assessed to be excessively applied to the overall investment in assets deemed highly vulnerable to an abrupt transition to the low-carbon economy; points to the pending revision of the regulations establishing the European supervisory authorities (ESAs) as an opportunity to consider the role of the ESAs in investigating and developing standards for assessing carbon- and other environment related risks, their disclosure and inclusion in the internal bank risk-assessment process while taking into account existing sustainability reporting requirements by institutions; calls on the Commission to put forward legislative proposals in this respect; |
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4.

Financing public investments required for the transition

| 5. | Emphasises that reforming the financial system, so that it actively contributes to accelerating the ecological transition, will require the cooperation of the public and private sectors; emphasises in this regard the instrumental role of fiscal and economic policy in providing the right signals and incentives; calls on the Member States, in coordination with the Commission, the ESAs and the EIB, to assess their national and collective public investment needs and to fill the potential gaps to ensure that the EU is on track to meet its climate change goals within the next five years, as well as the UN Sustainable Development Goals by 2030; underlines the role that national promotional banks and institutions can play in this regard; suggests coordinating this process at European level and establishing a system to track actual financial flows towards sustainable public investments within the framework of an EU Observatory on Sustainable Finance; welcomes innovative financial tools integrating sustainability indicators, which could facilitate this process, such as publicly issued green bonds; welcomes the clarification provided by Eurostat on the treatment of energy performance contracts in national accounts, as the treatment clarified may unlock considerable public capital flows towards a sector that currently accounts for three quarters of the EU’s 2030 clean energy investment gap; asks the Commission to further explore the idea of a qualified treatment for public investments related to ESG goals so as to spread the cost of these projects over the life-cycle of related public investment; |
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5.

Sustainability indicators and taxonomy as an incentive for sustainable investments

| 6. | Calls on the Commission to lead a multi-stakeholder process, including both experts in climate science and financial-sector participants, to establish by the end of 2019 a robust, credible and technology-neutral sustainability taxonomy based on indicators that disclose the full impact of investments on sustainability and allow for comparison of investment projects and companies; emphasises the need to develop such sustainability indicators as a first step in the process of developing an EU sustainability taxonomy and to incorporate these indicators into integrated reporting; points out that the development of the sustainability taxonomy should be followed by the following additional legislative proposals: an overarching, mandatory due diligence framework including a duty of care to be fully phased-in within a transitional period and taking into account the proportionality principle, a responsible investment taxonomy, and a proposal to integrate ESG risks and factors into the prudential framework of financial institutions; |
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6.

| 7. | Notes that sustainability indicators already exist, but that the current voluntary reporting frameworks lack harmonisation; calls therefore for the Commission to build its sustainability taxonomy on a harmonised list of sustainability indicators based on the existing work by, among others, the Global Reporting Initiative (GRI), the UN-supported Principles for Responsible Investment (UN PRI), the Commission itself, the OECD, and the private sector, and in particular the existing Eurostat resource efficiency indicators; recommends that these indicators be included in the taxonomy in a dynamic way and with clear guidance to investors about the time limits by when certain standards must be reached; recommends that the Commission also consider weighting indicators according to the urgency of addressing them at any given time; underlines that the taxonomy should strike the right balance between commitment and flexibility, which means that the framework should, within a transitional period, be mandatory and standardised, but should also be regarded as an evolving tool which can take on board emerging risks and/or risks that have yet to be mapped in a proper way; |
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7.

| 8. | Sees the inclusion of ready-made quantitative indicators and qualitative judgments about climate and other environmental risks as an important step towards a responsible investment taxonomy that is compliant with the UN Sustainable Development Goals, international human rights law, and international humanitarian and labour laws; underlines that minimum standards on ESG risks and factors should include minimum social standards for such investments encompassing workers’ rights, health and safety standards, and the exclusion of resources derived from conflict regions or without prior informed consent by affected communities, as well as minimum governance standards encompassing EU requirements for corporate governance and reporting, matching EU standards for financial reporting, and EU standards for action against money-laundering, corruption and tax transparency; |
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8.

Green Finance Mark

| 9. | Calls on the Commission to lead a multi-stakeholder process to establish by the end of 2019 a ‘Green Finance Mark’, through a legislative initiative, to be granted to investment, equity and pension products that have already achieved the highest standards in the sustainability taxonomy to guide the investment decision of those who prioritise sustainability above all other factors; recommends that this ‘Green Finance Mark’ should include minimum standards for ESG risks and factors aligned with the Paris Agreement and the do-no-harm principle in accordance with ESG risk analysis, and activities that are demonstrably achieving a ‘Positive Impact’ as defined by the UN Environment Programme Finance Initiative (UNEP FI); notes that an important function of the taxonomy, and a Green Finance Mark, is to enhance the risk assessment by financial-market participants by producing a scaled, market-based rating; welcomes innovations by market actors, such as credit rating agencies, in developing and administering such a market-based rating; |
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9.

The integration of sustainable finance criteria in all legislation related to the financial sector

| 10. | Notes the recent inclusion of sustainability issues in the PRIIPs (packaged retail and insurance-based investment products) and STS (simple, transparent and standardised) Regulations, as well as in the Shareholder Rights Directive and the NFRD; stresses the need to ensure adequate regulatory consideration of the risks associated with green and sustainable assets; welcomes the inclusion in the IORPs Directive of recognition of stranded assets, as well as the extension of the prudent person principle and a reference to the UN principles for responsible investment; asks for the appropriate and proportionate integration of sustainable finance indicators in all new and revised legislation related to the financial sector, via an omnibus proposal or specific proposals; calls for common guidelines in order to harmonise the definition of ESG factors and their introduction in all new and revised legislation; |
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10.

| 11. | Calls on the Commission, in this regard, to use the power defined in Regulation (EU) No 1286/2014 to deliver, as soon as possible and before developing the sustainability taxonomy, a delegated act to specify the details of the procedures used to establish whether a packaged retail- and insurance-based investment product targets specific environmental or social objectives; calls also for a proportionate mandatory due diligence framework based on the 2017 OECD Guidelines for Responsible Business Conduct for Institutional Investors, requiring investors to identify, prevent, mitigate and account for ESG factors after a transitional period; upholds that this pan-European framework should be based on the French Corporate Duty of Vigilance Law for companies and investors, including banks; calls also for a direct reference to ESG criteria in ‘product oversight and governance’ (POG) in all new and revised legislation, including legislation currently under discussion; welcomes the recommendation of the Commission’s High-Level Expert Group on Sustainable Finance to embed the ‘Think Sustainability First’ principle throughout the EU’s decision-making, implementation and enforcement process; |
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11.

Sustainability risks within the prudential framework of capital adequacy rules

| 12. | Notes that sustainability risks can also carry financial risks, and that they should therefore be reflected, where substantial, in capital requirements and in the prudential consideration of banks; therefore asks the Commission to adopt a regulatory strategy and a roadmap aimed inter alia at measuring sustainability risks within the prudential framework and to promote the inclusion of sustainability risks in the Basel IV framework to ensure sufficient capital reserves; stresses that any capital adequacy rules must be based on and must fully reflect demonstrated risks; aims to initiate an EU pilot project within the next annual budget to begin developing methodological benchmarks for that purpose; |
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12.

Disclosure

| 13. | Emphasises that disclosure is a critical enabling condition for sustainable finance; welcomes the work of the Taskforce on Climate-related Financial Disclosure (TCFD) and calls on the Commission and the Council to endorse its recommendations; calls for the incorporation of the cost of non-action on climate, environmental and other sustainability risks in disclosure frameworks; suggests that the Commission include proportional and mandatory disclosure in the framework of the revision of the Accounting Directive, the NFRD, the Capital Requirements Directive and Capital Requirements Regulation as from 2020, which would include a transposition period in which companies could prepare for implementation; notes that Article 173 of the French Energy Transition Bill offers a possible template for the regulation of mandatory climate risk disclosure by investors; calls for the consideration of an enlargement of the scope of application of the NFRD; stresses, in this respect, that the reporting framework requirements should be proportionate with regard to the risks incurred by the institution, its size and degree of complexity; recommends that the type of disclosure currently required under the PRIIPs regulation and through the Key Information Document should be extended to all retail financial products; |
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13.

Fiduciary duty

| 14. | Notes that fiduciary duties are already embedded in the Union’s financial regulatory framework, but insists that they should be clarified in the course of defining, establishing and testing a robust and credible sustainable taxonomy, encompassing key investment activities, including investment strategy, risk management, asset allocation, governance and stewardship for all actors across the investment chain, including asset managers and independent investment consultants or other investment intermediaries; recommends that fiduciary duty should be extended to encompass a mandatory ‘two-way’ integration process whereby all actors across the investment chain, including asset managers and independent investment consultants or other investment intermediaries, are required to integrate financially material ESG factors into their decisions, including the cost of non-action, as well as considering the non-financially material ESG preferences of clients and beneficiaries or the ultimate end-investors, who should be proactively asked about their timeframe and sustainability preferences; calls for the incorporation of the cost of non-action on climate, environmental and other sustainability risks to become part of the risk management and due diligence assessment of company boards and public authorities, and part of the fiduciary duty of investors; |
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14.

Model contracts for ESG identification

| 15. | Calls on the European Supervisory Authorities (ESAs) to develop guidelines for model contracts between asset owners and asset managers, independent investment consultants and other investment intermediaries which would clearly incorporate the transmission of the beneficiary interest as well as clear expectations as regards the identification and integration of ESG risks and factors, with a view to avoiding, reducing, mitigating and compensating for those risks; calls on the EU institutions to ensure the allocation of adequate resources to the ESAs in the context of the pending revision of the ESAs regulation; calls for the incorporation of the cost of non-action on climate and other sustainability risks in all future EU legislation and legislative revisions and funding impact assessments; |
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15.

Stewardship

| 16. | Asks that active and accountable stewardship form an integral part of the legal duties of investors and that an account of stewardship activities be made available to beneficiaries and the public through, inter alia, the public and mandatory disclosure of major holdings, engagement activities, the use of proxy advisers and the use of passive investment vehicles; recommends that passive funds, led by index-based investment, should be encouraged to disclose their stewardship activities and the extent to which the use of passive indexing and benchmarking allows for the proper identification of ESG risks in investee companies; considers that index providers should be asked to provide details of the exposure of widely used and referenced benchmarks to climate and sustainability parameters; |
| --- | --- |

16.

Need to develop further ESG reporting requirements in the framework of the NFRD

| 17. | Notes an insufficient degree of convergence in ESG reporting within the framework of the NFRD and the need for harmonisation with the aim of fostering more consistency, and for defining the most appropriate ESG metrics for disclosure, using sustainability and resource-efficiency indicators; calls on the Commission to create an EU-wide multi-stakeholder group including representatives of the financial services industry, academia and civil society to assess and propose an appropriate list of metrics, including a list of indicators measuring sustainability impacts and covering the most significant sustainability risks; is of the opinion that such reform should include the requirement of third-party audited reporting; |
| --- | --- |

17.

Green bonds

| 18. | Notes that green bonds represent only a fraction of the investment market and one that is insufficiently regulated, and, as a result, is a part of the market that is vulnerable to the risk of misleading marketing and that the EU currently lacks a unified standard for green bonds, which should build on a forthcoming EU sustainable taxonomy; notes that such green bonds should be verified and supervised by public authorities, and should include periodic reporting on the environmental impacts of the underlying assets; underlines that green bonds should also include reverse environmental impact and support a decrease in the use of fossil fuel assets; underlines that green bonds should exclude certain sectors – especially in relation to the activities that have the a significant negative impact on climate – and should not breach core social and human rights standards; suggests that the development of the standard for an EU green bond should take place in full transparency with a specific Commission working group subject to regular scrutiny by the European Parliament; calls on the Commission to regularly assess the impact, effectiveness and supervision of the green bonds; calls in that respect for a legislative initiative to incentivise, promote and market a European public issuance of green bonds by existing and future European institutions such as the EIB, in order to finance new sustainable investments; |
| --- | --- |

18.

Credit-rating agencies

| 19. | Notes that credit-rating agencies (CRAs) do not sufficiently integrate the impact of disruptive ESG risks and factors in issuers’ future credit-worthiness; calls for the adoption of EU standards and supervision regarding the integration of ESG indicators in ratings for all credit-rating agencies operating in the EU; points out that the underlying insufficient competition among these firms and their narrow economic focus have still not been fully addressed; calls for the establishment of an accreditation process for a ‘Green Finance Mark’ by certifying agents supervised by the European Securities and Markets Authority (ESMA); recommends mandating ESMA to require CRAs to incorporate sustainability risks into their methodologies; where these are likely to be manifested in future, requests the Commission, in this regard, to put forward a revision of the CRA Regulation; emphasises the importance of sustainability research provided by sustainability indexes and ESG rating agencies in providing all financial actors with the necessary information for their reporting and fiduciary duty, in implementing the shift towards a more sustainable financial system; |
| --- | --- |

19.

Labelling systems for financial services

| 20. | Suggests that the Commission establish a binding and proportionate labelling system, which should be voluntary during a transition period, for institutions offering retail bank accounts, investment funds, insurance and financial products, indicating the extent to which underlying assets are in conformity with the Paris Agreement and ESG goals; |
| --- | --- |

20.

ESAs mandate

| 21. | Intends to further clarify the mandate of the ESAs and of national competent authorities in the context of the pending revision of the ESA regulations to include and monitor ESG risks and factors thereby rendering financial market activities more consistent with sustainability objectives; in that respect is of the opinion that ESMA should:






  — | include sustainability preferences as part of its guidelines of ‘suitability’ assessment, as proposed by the Commission in its Action Plan for Sustainable Finance, and more broadly to provide guidance on how sustainability considerations can be effectively embodied in relevant EU financial legislation, as well as to promote coherent implementation of these provisions upon adoption; |
| --- | --- | --- |

21.

—

include sustainability preferences as part of its guidelines of ‘suitability’ assessment, as proposed by the Commission in its Action Plan for Sustainable Finance, and more broadly to provide guidance on how sustainability considerations can be effectively embodied in relevant EU financial legislation, as well as to promote coherent implementation of these provisions upon adoption;

| — | establish a proportionate, and after a transitional period, mandatory supervisory monitoring system to assess material ESG risks and factors beginning in 2018 and with a forward-looking sustainability scenario analysis; |
| --- | --- |

—

establish a proportionate, and after a transitional period, mandatory supervisory monitoring system to assess material ESG risks and factors beginning in 2018 and with a forward-looking sustainability scenario analysis;

| — | be mandated to check portfolio alignment with the Paris Agreement ESG risks and factors and to ensure consistency with the TCFD recommendations; |
| --- | --- |

—

be mandated to check portfolio alignment with the Paris Agreement ESG risks and factors and to ensure consistency with the TCFD recommendations;

underlines, in this context, that the ESAs should have sufficient financial resources to carry out their mission; encourages the ESAs to cooperate on these issues with the relevant agencies and international organisations;

The role of the EIB as regards sustainable finance

| 22. | Stresses the example-setting role EU institutions should play when it comes to making finance sustainable; notes that although 26 % of all EIB financing has targeted climate action and although the EIB pioneered the green bond market in 2007 and is on track to reach its announced commitment in the regard, it is still financing carbon-intensive projects and so there is still room for improvement; urges the EIB, therefore, to adapt and prioritise its future lending so as to be compatible with the Paris Agreement and a 1,5 °C climate limit; calls on the EIB lending operations and the European Fund for Strategic Investments (EFSI) Regulation to be strengthened and rebalanced so that they cease to invest in carbon-intensive projects and prioritise resource-efficient and decarbonising projects alongside other innovative sectors and immaterial undertakings; advises that the EIB is in a position to provide more risk capital for the green transition in a regionally balanced way; is of the opinion that further measures should be undertaken within that perspective, including inter alia in interaction with EU financial instruments in the next Multiannual Financial Framework; |
| --- | --- |

22.

The role of the ECB as regards sustainable finance

| 23. | Acknowledges the independence of the ECB and its primary mandate as being to preserve price stability, but recalls that the ECB as an EU institution is also bound by the Paris Agreement; is therefore concerned about the fact ‘that 62,1 % of ECB corporate bond purchases take place in the sectors [...] which are responsible for 58,5 % of euro area greenhouse gas emissions’ (14) and notes that this programme directly benefits mostly large corporations; recommends the ECB to explicitly take into account the Paris Agreement and ESG goals in its guidelines orienting its purchase programmes; underlines that such guidelines may act as a pilot for establishing a future ESG-oriented investment policy consistent with high standards on an EU sustainable taxonomy; |
| --- | --- |

23.

Other issues

| 24. | Underlines that a meaningful offer of sustainable financial products may also have positive effects on the enhancement of European social infrastructure, understood as the set of initiatives and projects aimed at creating public value by boosting investment and innovation in the sectors which are strategic and crucial to the wellbeing and resilience of people and communities, such as education, healthcare and housing; |
| --- | --- |

24.

| 25. | Welcomes the work by the HLEG, which offers valuable building blocks to work towards a new standard for a sustainable financial sector; insists, however, on the need to actively involve the banking sector, which due to its dominance of the European financial landscape still holds the key to making finance more sustainable; |
| --- | --- |

25.

| 26. | Underlines that the methodology used in order to track climate-related spending leads to inconsistency across programmes, allowing for projects with doubtful environmental and climate benefits to be qualified as climate-related expenditure (e.g. the greening component of the common agricultural policy); |
| --- | --- |

26.

| 27. | Highlights that all widely used financial benchmarks do not consider ESG factors in their methodology; calls for the development of one or more European sustainability benchmarks, using the European sustainability taxonomy, to measure the performance of European issuers on the basis of ESG risks and factors; |
| --- | --- |

27.

| 28. | Calls for the analysis and encouragement of private initiatives, such as the EeMAP project on ‘green mortgages’, in order to assess and demonstrate under what conditions green assets may entail a reduction of risk for investments while at the same time enhancing environmental sustainability; |
| --- | --- |

28.

| 29. | Calls on the EU to actively promote the inclusion of the sustainability indicators in the International Financial Reporting Standards framework at international level; |
| --- | --- |

29.

| 30. | Highlights that corporate governance should promote long-term sustainable value creation, for instance through loyalty shares for long-term shareholders and including ESG in remuneration packages for directors and the board; notes that the clarification of directors’ duties in this respect would support sustainable investors in their engagement with boards; |
| --- | --- |

30.

| 31. | Calls for the introduction of a mandatory environmental liability insurance for all commercial and public activities as a precondition for the deliverance of authorisation permits; |
| --- | --- |

31.

| 32. | Highlights that sustainable finance requires a clarification of European companies’ directors’ duties concerning long-term sustainable value creation, ESG matters, and systemic risks, as part of the directors’ overarching duty to promote the success of the company; |
| --- | --- |

32.

| 33. | Calls on the European supervisory authorities to formulate guidelines on the collection of statistics on the identification and integration into financing of ESG risks and calls for statistics to be published wherever possible; |
| --- | --- |

33.

| 34. | Calls on national banking and financial market authorities to draw up clear and concise instructions on how the new taxonomy and other changes associated with this legislation can be implemented without this generating avoidable costs and delays; |
| --- | --- |

34.

| 35. | Upholds the view that that pricing measures can deliver a critical contribution in closing the EUR 180 billion funding gap to deliver Europe’s decarbonisation efforts, by shifting investment towards long-term sustainable goals; |
| --- | --- |

35.

| 36. | Notes that SMEs are often forgotten in discussions concerning sustainable finance, despite their innovative nature; notes in this context the vast potential of digitalisation and green FinTech; recommends that the Commission consider mechanisms to enable SMEs to bundle projects in order to allow them access to the green bond market; |
| --- | --- |

36.

| 37. | Stresses the importance of the social component of sustainable finance; notes the potential for the development of new financial instruments especially dedicated to social infrastructures, such as social bonds, as endorsed by the Social Bond Principles (SBP) 2017; |
| --- | --- |

37.

| 38. | Emphasises that the identification, management and disclosure of ESG risks are integral parts of consumer protection and financial stability and should thus fall under the mandate and supervisory duties of the ESAs; asks the ESRB to actively pursue research on the interplay of ESG factors and systemic risk, beyond climate change; |
| --- | --- |

38.

| 39. | Recalls that Parliament has called for the introduction of an EU savings account for the financing of the green economy in its resolution of 14 November 2017 on the Action Plan on Retail Financial Services; |
| --- | --- |

39.

| 40. | Demands that all future EU spending must be Paris-compatible with objectives relating to the decarbonisation of the economy being included in the legal instruments regulating the operation of European Structural and Investment Funds (including cohesion funds), funds for external action and development cooperation and other instruments outside the Multiannual Financial Framework such as EFSI; |
| --- | --- |

40.

| 41. | Calls on the Commission to conduct a feasibility study into how supervisors and regulators might better reward mandates that include long-term perspectives; |
| --- | --- |

41.

| 42. | Calls on the European Insurance and Occupational Pensions Authority (EIOPA) to provide best practice and guidelines on how providers of occupational pension schemes and private pension products engage with beneficiaries pre-contractually and throughout the life of the investment; calls on EIOPA to provide guidelines on best practice, such as the UK Environmental Agency Fund, for engaging with beneficiaries and retail clients and ascertaining their financial and non-financial interests; |
| --- | --- |

42.

| 43. | Takes note of the recommendation made by the HLEG for an EU observatory on sustainable finance, which should be created to track, report and disclose information on EU sustainable investments and should be set up by the European Environment Agency in cooperation with the ESAs; recommends, with a view to strengthening the example-setting function of the European Union, that this observatory also take on a role in tracking, supporting and disclosing information on sustainable investments of EU funds and EU institutions, including EFSI, the EIB and the ECB; asks the observatory to report on its activities to Parliament; |
| --- | --- |

43.

| 44. | Recommends that the EIB work with small market participants and community cooperatives to undertake bundling of small-scale renewable energy projects to enable them to be eligible for EIB funding and as part of the Corporate Sector Purchase Programme; |
| --- | --- |

44.

| 45. | Concurs with the HLEG that it is of paramount importance to empower and connect Europe’s citizens with sustainable finance issues; underlines the need to improve access to information on sustainability performance and to promote financial literacy; |
| --- | --- |

45.

| 46. | Calls on the Commission and the Member States to ensure policy coherence between financial and non-financial sectors; recalls that sustainable financial policy needs to be accompanied by coherent policy choices in other sectors such as energy, transport, industry, and agriculture; |
| --- | --- |

46.

| 47. | Calls on the Commission to publish a regular progress report on the issues covered in this resolution; |
| --- | --- |

47.

| 48. | Calls on the Commission and the Member States to use the EU’s influence to demonstrate leadership on sustainable finance and raise sustainability standards in finance at global level, including through bilateral agreements with third countries, at multilateral political forums such as the UN, G7 and G20 and in international standard-setters such as the International Organisation of Securities Commissions (IOSCO); |
| --- | --- |

48.

o

o o

| 49. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

49.

---

(1)  OJ L 335, 17.12.2009, p. 1.

(2)  OJ L 330, 15.11.2014, p. 1.

(3)  OJ L 132, 20.5.2017, p. 1.

(4)  OJ L 354, 23.12.2016, p. 37.

(5)  OJ L 182, 29.6.2013, p. 19.

(6)  OJ L 347, 28.12.2017, p. 35.

(7)  OJ L 352, 9.12.2014, p. 1.

(8)  UN Office for Disaster Risk Reduction https://www.unisdr.org/files/46796_cop21weatherdisastersreport2015.pdf

(9)  Texts adopted, P8_TA(2018)0039.

(10)  Texts adopted, P8_TA(2018)0025.

(11)  Texts adopted, P8_TA(2017)0428.

(12)  OJ C 75, 26.2.2016, p. 41.

(13)  OJ C 265, 11.8.2017, p. 65.

(14)  Sini Matikainen, Emanuele Campiglio and Dimitri Zenghelis, ‘The climate impact of quantitative easing’, Grantham Institute on climate change and the environment, May 2017.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/36 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/36

---

P8_TA(2018)0216

The 2017 EU Justice Scoreboard

European Parliament resolution of 29 May 2018 on the 2017 EU Justice Scoreboard (2018/2009(INI))

(2020/C 76/05)

The European Parliament,

| — | having regard to the Treaty on European Union, in particular Articles 2, 6 and 7 thereof, |
| --- | --- |

—

having regard to the Treaty on European Union, in particular Articles 2, 6 and 7 thereof,

| — | having regard to the Treaty on the Functioning of the European Union, in particular Articles 70, 85, 86, 258, 259 and 260 thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union, in particular Articles 70, 85, 86, 258, 259 and 260 thereof,

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

—

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

| — | having regard to its relevant resolutions in the areas of the rule of law and justice, |
| --- | --- |

—

having regard to its relevant resolutions in the areas of the rule of law and justice,

| — | having regard to the communication from the Commission to the European Parliament, the Council, the European Central Bank, the European Economic and Social Committee and the Committee of the Regions of 10 April 2017 entitled ‘The 2017 EU Justice Scoreboard’ (COM(2017)0167), |
| --- | --- |

—

having regard to the communication from the Commission to the European Parliament, the Council, the European Central Bank, the European Economic and Social Committee and the Committee of the Regions of 10 April 2017 entitled ‘The 2017 EU Justice Scoreboard’ (COM(2017)0167),

| — | having regard to the 2017 European Commission Joint Research Centre study entitled ‘The judicial system and economic development across EU Member States’ (1), |
| --- | --- |

—

having regard to the 2017 European Commission Joint Research Centre study entitled ‘The judicial system and economic development across EU Member States’ (1),

| — | having regard to the 2017 US Chamber Institute for Legal Reform Survey entitled ‘The Growth of Collective Redress in the EU’ (2), |
| --- | --- |

—

having regard to the 2017 US Chamber Institute for Legal Reform Survey entitled ‘The Growth of Collective Redress in the EU’ (2),

| — | having regard to the Gender Statistics Database of the European Institute for Gender Equality (EIGE) (3), |
| --- | --- |

—

having regard to the Gender Statistics Database of the European Institute for Gender Equality (EIGE) (3),

| — | having regard to reports by the European Commission for Democracy through Law (Venice Commission), in particular its Rule of Law Checklist (4), |
| --- | --- |

—

having regard to reports by the European Commission for Democracy through Law (Venice Commission), in particular its Rule of Law Checklist (4),

| — | having regard to its resolution of 12 March 2014 on evaluation of justice in relation to criminal justice and the rule of law (5), |
| --- | --- |

—

having regard to its resolution of 12 March 2014 on evaluation of justice in relation to criminal justice and the rule of law (5),

| — | having regard to Milieu’s 2011 ‘Comparative study on access to justice in gender equality and anti-discrimination law’ (6), |
| --- | --- |

—

having regard to Milieu’s 2011 ‘Comparative study on access to justice in gender equality and anti-discrimination law’ (6),

| — | having regard to the Council of Europe’s Recommendation on judges: independence, efficiency and responsibilities (CM/Rec(2010)12) (7), |
| --- | --- |

—

having regard to the Council of Europe’s Recommendation on judges: independence, efficiency and responsibilities (CM/Rec(2010)12) (7),

| — | having regard to the 2017 European Parliament Policy Department for Citizens’ Rights and Constitutional Affairs study entitled ‘Mapping the Representation of Women and Men in Legal Professions Across the EU’ (8), |
| --- | --- |

—

having regard to the 2017 European Parliament Policy Department for Citizens’ Rights and Constitutional Affairs study entitled ‘Mapping the Representation of Women and Men in Legal Professions Across the EU’ (8),

| — | having regard to the annual evaluation reports on European judicial systems drawn up by the Council of Europe’s European Commission for the Efficiency of Justice (CEPEJ) (9), |
| --- | --- |

—

having regard to the annual evaluation reports on European judicial systems drawn up by the Council of Europe’s European Commission for the Efficiency of Justice (CEPEJ) (9),

| — | having regard to Rule 52 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0161/2018), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0161/2018),

| A. | whereas independent, efficient and quality justice systems are key to upholding the rule of law, the fairness of judicial proceedings and the trust of citizens and businesses in the legal system, ensuring that individuals and businesses can fully enjoy their rights; whereas an effective justice system is inseparable from judicial independence, supporting economic growth, defending fundamental rights and underpinning the proper application of EU law; whereas justice is a value in and of itself, in particular as regards citizens’ access to justice and respect for the right to a fair trial; |
| --- | --- |

A.

whereas independent, efficient and quality justice systems are key to upholding the rule of law, the fairness of judicial proceedings and the trust of citizens and businesses in the legal system, ensuring that individuals and businesses can fully enjoy their rights; whereas an effective justice system is inseparable from judicial independence, supporting economic growth, defending fundamental rights and underpinning the proper application of EU law; whereas justice is a value in and of itself, in particular as regards citizens’ access to justice and respect for the right to a fair trial;

| B. | whereas the Commission has published the 2017 EU Justice Scoreboard, an informative, comparative, non-binding tool assessing in principle the effectiveness, independence and quality of national justice systems, in order to pinpoint any shortcomings, identify good practice and progress and better define Member States’ justice policies, focusing for that purpose on the parameters of justice systems that contribute to an improved business, investment and consumer climate in the Union; |
| --- | --- |

B.

whereas the Commission has published the 2017 EU Justice Scoreboard, an informative, comparative, non-binding tool assessing in principle the effectiveness, independence and quality of national justice systems, in order to pinpoint any shortcomings, identify good practice and progress and better define Member States’ justice policies, focusing for that purpose on the parameters of justice systems that contribute to an improved business, investment and consumer climate in the Union;

| C. | whereas the fifth EU Justice Scoreboard analyses in particular issues relating to public access to legal proceedings, the independence of the judiciary as perceived by individuals and the business sector, current use of information and communication technologies (ICT) in the justice system and the operation of national justice systems in specific areas relating to the single market and the business sector, while also presenting an initial overview of the functioning of national criminal justice systems in enforcing EU anti-money laundering legislation; |
| --- | --- |

C.

whereas the fifth EU Justice Scoreboard analyses in particular issues relating to public access to legal proceedings, the independence of the judiciary as perceived by individuals and the business sector, current use of information and communication technologies (ICT) in the justice system and the operation of national justice systems in specific areas relating to the single market and the business sector, while also presenting an initial overview of the functioning of national criminal justice systems in enforcing EU anti-money laundering legislation;

| D. | whereas the 2017 EU Justice Scoreboard does not present an overall ranking of national justice systems and does not intend to put one system before another; |
| --- | --- |

D.

whereas the 2017 EU Justice Scoreboard does not present an overall ranking of national justice systems and does not intend to put one system before another;

| E. | whereas on the other hand the Justice Scoreboard should be a useful handbook offering an overview of best practices to be used by Member States in the area of civil, commercial and administrative justice; |
| --- | --- |

E.

whereas on the other hand the Justice Scoreboard should be a useful handbook offering an overview of best practices to be used by Member States in the area of civil, commercial and administrative justice;

| F. | whereas much data regarding certain Member States is still unavailable; whereas there are discrepancies in the quantity and specific content of data provided by certain Member States; |
| --- | --- |

F.

whereas much data regarding certain Member States is still unavailable; whereas there are discrepancies in the quantity and specific content of data provided by certain Member States;

| G. | whereas the 2017 EU Justice Scoreboard focuses mainly on civil, commercial and administrative justice, but also presents an initial overview of the functioning of national systems when applying EU anti-money laundering legislation in criminal justice; |
| --- | --- |

G.

whereas the 2017 EU Justice Scoreboard focuses mainly on civil, commercial and administrative justice, but also presents an initial overview of the functioning of national systems when applying EU anti-money laundering legislation in criminal justice;

| H. | whereas this non-binding exercise has the merits of identifying both positive and negative trends and of offering a forum for peer learning and exchange of best practices across the Union to promote and guarantee compliance with the rule of law; |
| --- | --- |

H.

whereas this non-binding exercise has the merits of identifying both positive and negative trends and of offering a forum for peer learning and exchange of best practices across the Union to promote and guarantee compliance with the rule of law;

| I. | whereas providing information about the justice system in a user-friendly manner is a prerequisite to access to justice; |
| --- | --- |

I.

whereas providing information about the justice system in a user-friendly manner is a prerequisite to access to justice;

| J. | whereas justice systems must be adapted to meet the new challenges faced by the EU; |
| --- | --- |

J.

whereas justice systems must be adapted to meet the new challenges faced by the EU;

General observations

| 1. | Underlines that justice affirms the rule of law in society and ensures everyone’s right to a fair trial by an independent and impartial court; calls on the Member States to ensure that any justice reform upholds the rule of law and complies with EU standards on judicial independence; encourages the Commission, in this regard, to continue monitoring national justice reforms in the framework of the European Semester, which also draws on information from the EU Justice Scoreboard; calls furthermore on the Commission to develop new criteria for better assessing the conformity of judicial systems with the rule of law, drawing in particular on the Venice Commission’s Rule of Law Checklist; |
| --- | --- |

1.

| 2. | Calls on the Commission to gather more precise information on the way in which violations of the rule of law and threats to fundamental rights, including corruption, discrimination and breaches of privacy, freedom of thought, conscience, religion, expression, assembly and association, are being dealt with; |
| --- | --- |

2.

| 3. | Recalls the request made in its resolution of 25 October 2016 on an EU mechanism on democracy, the rule of law and fundamental rights, and reiterates its request to the Commission to submit a proposal for the conclusion of a Union Pact for Democracy, the Rule of Law and Fundamental Rights (DRF Pact); calls on the Commission to bundle existing reports, including the Justice Scoreboard, until the DRF Pact is in place; |
| --- | --- |

3.

| 4. | Takes note of the 2017 EU Justice Scoreboard with great interest and calls on the Commission to further promote this exercise in accordance with the Treaties and in consultation with the Member States; |
| --- | --- |

4.

| 5. | Emphasises that the establishment of a separate Justice Scoreboard in criminal matters will make a fundamental contribution to creating a common understanding of EU legislation in the field of criminal law among judges and prosecutors, thus strengthening mutual trust; |
| --- | --- |

5.

| 6. | Calls on the Commission to take into account the fight against corruption, and considers the inclusion of this issue in the Justice Scoreboard to be a priority; |
| --- | --- |

6.

| 7. | Supports the aim of this exchange and stresses that an independent, efficient, high-quality justice system could give businesses incentives to develop and invest at national and cross-border level, while at the same time protecting citizens’ fundamental rights, and enforcing the rights of consumers and workers, thus boosting their economic contribution; |
| --- | --- |

7.

| 8. | Notes the importance of judicial benchmarking for cross-border mutual trust, for effective cooperation between justice institutions and for the creation of a common judicial area and a European judicial culture; encourages the Commission, therefore, to continue developing concrete indicators to assess, in practice, the upholding of EU values such as the rule of law and respect for fundamental rights; |
| --- | --- |

8.

| 9. | Believes that such a comparison must be based on objective criteria and evidence that is accurately compiled, compared and analysed while taking individual constitutional and legal frameworks into account; stresses the importance of ensuring equality of treatment between all Member States when impartially assessing their justice systems; |
| --- | --- |

9.

| 10. | Welcomes the Commission’s efforts to assess, for the first time, certain aspects of criminal justice relating to the fight against money laundering, and recommends that the Commission take the measures necessary to encourage the Member States to provide data on the length of judicial proceedings in this area, in view of the entering into force of the Fourth and, subsequently, the Fifth Anti-Money Laundering Directive; |
| --- | --- |

10.

| 11. | Welcomes the efforts of the Commission to present measurable data and draw concrete conclusions on how Member States have improved or may yet improve the quality and efficiency of their justice systems, especially as regards the status and appointment of judges, their independence, and gender balance; notes that the data gap has continued to decrease, in particular for indicators relating to the efficiency of justice systems; regrets, however, that there are still instances where, though applicable or available, no data have been provided by some Member States for certain categories; calls, therefore, on Member States to intensify their efforts to make data comparable and to fully collaborate with the Commission by supplying the data requested; stresses that the Member States must continue to reduce the data gap in order to achieve their priorities for efficient justice systems; calls on the Member States to cooperate closely with the CEPEJ and the Commission, especially via the informal group of national experts from ministries and respective justice systems, in order to fill the persisting data gaps under some categories of the Justice Scoreboard; |
| --- | --- |

11.

| 12. | Calls on the Member States to examine the results of the 2017 Justice Scoreboard closely and to determine what lessons need to be drawn therefrom, and to consider whether national measures need to be adopted to correct any irregularities regarding the quality, efficiency and independence of their national justice systems; |
| --- | --- |

12.

| 13. | Notes that many Member States have maintained their efforts to improve the effectiveness of their national justice systems through the introduction of reforms; welcomes the fact that a significant number of new reforms have been announced in respect of legal aid, alternative dispute resolution (ADR) methods, court specialisation and judicial maps; |
| --- | --- |

13.

Efficiency

| 14. | Underlines the importance of efficient and timely proceedings in accordance with Article 6 of the European Convention on Human Rights and Article 47 of the EU Charter of Fundamental Rights; highlights, furthermore, the importance of quick and efficient proceedings in matters of consumer protection, intellectual property and data privacy rights; notes with concern that such proceedings are still too lengthy in some Member States; points out that a large backlog of pending cases might also make citizens and businesses less willing to trust the judicial system, as well as decrease legal certainty, trust being the cornerstone of respect for the rule of law; |
| --- | --- |

14.

| 15. | Encourages Member States to invest in the use and continued development of ICT tools in their judicial systems, in an effort to make them more accessible, more comprehensible and easier to use for all EU citizens, especially those with any form of disability and vulnerable groups, including national minorities and/or migrants; emphasises the benefit of ICT systems for cross-border cooperation between the Member States’ judicial authorities and at national level in reducing costs for all stakeholders involved, and also in terms of improving the overall efficiency and quality of justice systems, for example through electronic submission of claims, the possibility of monitoring and conducting proceedings online and electronic communication between courts and lawyers; regrets the fact that the full potential of ICT systems has not yet been reached throughout the whole of the EU; welcomes the transparency in most Member States regarding the publication of court rulings; underlines that availability of online information in a user-friendly manner contributes significantly to the accessibility of justice for citizens and businesses; calls on the Member States to publish all court rulings online as this will help citizens and businesses become better acquainted with the judicial system as well as make it more transparent; notes furthermore that this could facilitate the consistency of case law; |
| --- | --- |

15.

| 16. | Highlights the need to intensify and diversify the scope of training offered to judges, as this is also a basis for an efficient, independent and impartial judicial system; underlines in particular the need for training in the fields of gender roles, norms and stereotypes, judicial ethics, IT skills, judicial management, mediation, and communication with parties and with the press; underlines furthermore the importance of adequate training in EU law and in the different EU cooperation structures, such as Eurojust; notes that specific areas of EU law, such as copyright and privacy legislation, may require understanding not just of the law but also of technological developments; notes that the specialisation of judges and courts seems to have a positive effect on efficiency as well as on the quality of justice systems; asks the Commission to examine this issue further in next year’s exercise; underlines that continuous and systematic training of judges and other legal experts is needed to ensure coherent and high-quality application and efficient enforcement of law; calls on the Member States to invest more in the development of judicial training and continuous education for legal professionals, such as judges, including in other Member States, with the aim of exchanging experiences and best practices; |
| --- | --- |

16.

| 17. | Encourages the Member States and the EU institutions to support the further development of mediation at EU level; calls on the Commission to assess systematically the impacts of mediation in the EU judicial systems; |
| --- | --- |

17.

Quality

| 18. | Calls on the Commission to add collective redress procedures to next year’s comparative exercise on accessibility factors of justice systems, as it believes access to justice and efficient dispute resolution to be of prime importance; considers these procedures a major tool in order to strengthen consumer, environmental and health protection in the EU as a whole, in areas where large numbers of applicants are directly affected; considers that collective redress procedures facilitate citizens’ access to justice and efficient dispute resolution and consequently eliminate unreasonable barriers, notably for citizens living below the poverty threshold or involved in cases with a cross-border dimension; |
| --- | --- |

18.

| 19. | Notes that most Member States require parties to pay a court fee when initiating legal proceedings; stresses that the availability of legal aid and the level of court fees have a key impact on access to justice, a fundamental right in the EU, in particular for citizens in poverty, and underlines the role of legal aid in guaranteeing that weaker parties can have access to justice on equal terms; highlights that legal aid for consumers below the poverty threshold remains an essential balancing factor; points out that the difficulty in obtaining legal aid could be a major deterrent where the court and/or legal fees represent a significant share of the value of the claim; considers that legal aid should be linked to the poverty threshold in the Member States; maintains that legal costs should, in general, be further lowered, for example by making use of national electronic e-Justice portals; calls on Member States to improve the user-friendliness of online information enabling citizens to determine whether they are eligible for legal aid, including accessible online information for persons who are visually impaired; |
| --- | --- |

19.

| 20. | Calls on the Commission to introduce, before the close of next year’s exercise, a new indicator on access to justice for any groups which could possibly be underprivileged or discriminated against, in order to identify any possible obstacles; |
| --- | --- |

20.

| 21. | Stresses the need to address the still existing gender balance disparities and considerable ratio gaps among judges, namely in higher instance courts/supreme courts, at both national and EU level; takes note with regret of the recent negative development in the proportion of female professional judges in some Member States; |
| --- | --- |

21.

| 22. | Highlights that there is still much to do in terms of gender equality in the judicial professions across Europe, not least as regards access to the office of judge, and in terms of gender stereotypes, transparency in appointments, reconciliation between work and non-work responsibilities or the existence of mentoring practices; emphasises the clear discrepancy between the proportions of female professionals at lower levels of the judiciary (including non-judicial officers) and at the higher court and prosecution levels; urges the Member States to direct efforts, particularly in the field of higher education, towards women in the judicial professions, and to encourage a positive attitude towards female judges; |
| --- | --- |

22.

| 23. | Recalls the 2015 Joint Statement by the European Parliament and the Council (10) stating that Member States should, to the greatest possible extent and in view of the objective of achieving equality between men and women laid down in Article 3 of the Treaty on European Union, ensure an equal presence of women and men when appointing candidates as judges at the General Court of the Court of Justice of the European Union; urges the Member States to set a good example in this regard; |
| --- | --- |

23.

| 24. | Underlines that, while over half of the Member States increased expenditure on the judicial system per inhabitant in 2015, the determination of financial resources is still mostly based on historical costs instead of actual workload or number of court requests; |
| --- | --- |

24.

| 25. | Welcomes the increased use of alternative dispute resolution mechanisms in most Member States, in particular that of the European online dispute resolution (ODR) platform for consumers and traders; |
| --- | --- |

25.

| 26. | Takes note of the lack of data availability in the field of matrimonial matters and matters of parental responsibility; encourages the Commission to include such data in the EU Justice Scoreboard when made available by the Member States, possibly as a mid-term objective to be put in place after completion of the review of Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility; |
| --- | --- |

26.

Independence

| 27. | Underlines that independence, quality and efficiency are key elements for an effective justice system, which is in turn central for the rule of law, the fairness of judicial proceedings and the trust of citizens and businesses in the legal system; emphasises, furthermore, that independence of the judiciary is an integral part of democracy; considers that an independent judicial system relies, on the one hand, on the lack of interference or pressure from government and politics or from parties with vested economic interests and, on the other hand, on effective guarantees provided by the status and position of judges and on their financial situation; stresses that sufficient autonomy must be ensured to shield prosecutorial authorities from undue political influence; calls on the Commission, therefore, to include a section devoted to the status of public prosecutors and their autonomy in the Scoreboard; further invites the Commission to continue assessing legal safeguards for judicial independence, including in cooperation with the networks of the Supreme Courts and the Councils for the Judiciary; |
| --- | --- |

27.

| 28. | Points out the importance of impartial, i.e. free from arbitrary executive discretion, and comprehensive mechanisms for the appointment, evaluation, transfer or dismissal of judges; |
| --- | --- |

28.

o

o o

| 29. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

29.

---

(1)  http://publications.jrc.ec.europa.eu/repository/bitstream/JRC104594/jrc104594__2017_the_judicial_system_and_economic_development_ across_eu_member_states.pdf

(2)  http://www.instituteforlegalreform.com/uploads/sites/1/The_Growth_of_Collective_Redress_in_the_EU_A_Survey_of_Developments_in_10_ Member_States_April_2017.pdf

(3)  http://eige.europa.eu/gender-statistics/dgs

(4)  http://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2016)007-e

(5)  OJ C 378, 9.11.2017, p. 136.

(6)  Milieu Ltd (2011), ‘Comparative study on access to justice in gender equality and anti-discrimination law’, Synthesis report, DG Justice of the European Commission, Brussels.

(7)  https://wcd.coe.int/ViewDoc.jsp?p=&Ref=CM/Rec(2010)12&Language=lanEnglish&Ver=original&BackColorInternet=C3C3C3&BackColor Intranet=EDB021&BackColorLogged=F5D383&direct=true

(8)  http://www.europarl.europa.eu/RegData/etudes/STUD/2017/596804/IPOL_STU(2017)596804_EN.pdf.

(9)  https://www.coe.int/t/dghl/cooperation/cepej/evaluation/default_en.asp

(10)  OJ C 436, 24.12.2015, p. 1.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/42 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/42

---

P8_TA(2018)0221

Genetically modified maize GA21 (MON-ØØØ21-9)

European Parliament resolution of 30 May 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize GA21 (MON-ØØØ21-9) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (D056125-02 – 2018/2698(RSP))

(2020/C 76/06)

The European Parliament,

| — | having regard to the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize GA21 (MON-ØØØ21-9) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (D056125-02), |
| --- | --- |

—

having regard to the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize GA21 (MON-ØØØ21-9) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (D056125-02),

| — | having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Articles 11(3) and 23(3) thereof, |
| --- | --- |

—

having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Articles 11(3) and 23(3) thereof,

| — | having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 23 April 2018, at which no opinion was delivered, |
| --- | --- |

—

having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 23 April 2018, at which no opinion was delivered,

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

—

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

| — | having regard to the opinion adopted by the European Food Safety Authority on 21 September 2017 and published on 24 October 2017 (3), |
| --- | --- |

—

having regard to the opinion adopted by the European Food Safety Authority on 21 September 2017 and published on 24 October 2017 (3),

| — | having regard to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (COM(2017)0085, COD(2017)0035), |
| --- | --- |

—

having regard to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (COM(2017)0085, COD(2017)0035),

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

—

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

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

—

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

| — | having regard to Rule 106(2) and (3) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 106(2) and (3) of its Rules of Procedure,

| A. | whereas Commission Decision 2008/280/EC (5) authorised the placing on the market of food and feed containing, consisting of, or produced from genetically modified maize GA21 (‘maize GA21’); whereas the scope of that authorisation also covered products other than food and feed containing or consisting of maize GA21 for the same uses as any other maize, with the exception of cultivation; |
| --- | --- |

A.

whereas Commission Decision 2008/280/EC (5) authorised the placing on the market of food and feed containing, consisting of, or produced from genetically modified maize GA21 (‘maize GA21’); whereas the scope of that authorisation also covered products other than food and feed containing or consisting of maize GA21 for the same uses as any other maize, with the exception of cultivation;

| B. | whereas prior to Decision 2008/280/EC, on 13 September 2007, the European Food Safety Authority (EFSA) adopted a favourable opinion, in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003, which was published on 2 October 2007 (6) (‘EFSA 2007’); |
| --- | --- |

B.

whereas prior to Decision 2008/280/EC, on 13 September 2007, the European Food Safety Authority (EFSA) adopted a favourable opinion, in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003, which was published on 2 October 2007 (6) (‘EFSA 2007’);

| C. | whereas on 6 October 2016, Syngenta France SAS submitted to the Commission, on behalf of Syngenta Crop Protection AG, Switzerland, an application, in accordance with Articles 11 and 23 of Regulation (EC) No 1829/2003, for the renewal of the above authorisation; |
| --- | --- |

C.

whereas on 6 October 2016, Syngenta France SAS submitted to the Commission, on behalf of Syngenta Crop Protection AG, Switzerland, an application, in accordance with Articles 11 and 23 of Regulation (EC) No 1829/2003, for the renewal of the above authorisation;

| D. | whereas on 21 September 2017, EFSA adopted a favourable opinion, in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003, which was published on 24 October 2017 (7) (‘EFSA 2017’); |
| --- | --- |

D.

whereas on 21 September 2017, EFSA adopted a favourable opinion, in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003, which was published on 24 October 2017 (7) (‘EFSA 2017’);

| E. | whereas maize GA21 has been developed to provide tolerance to glyphosate by expressing a modified version of the EPSPS protein; |
| --- | --- |

E.

whereas maize GA21 has been developed to provide tolerance to glyphosate by expressing a modified version of the EPSPS protein;

| F. | whereas application of the complementary herbicide, in this case glyphosate, is part of regular agricultural practice in the cultivation of herbicide-resistant plants and it can therefore be expected that residues from spraying will be present in the harvest and are inevitable constituents; whereas it has been shown that herbicide-tolerant genetically modified crops result in a higher use of complementary herbicides than their conventional counterparts; |
| --- | --- |

F.

whereas application of the complementary herbicide, in this case glyphosate, is part of regular agricultural practice in the cultivation of herbicide-resistant plants and it can therefore be expected that residues from spraying will be present in the harvest and are inevitable constituents; whereas it has been shown that herbicide-tolerant genetically modified crops result in a higher use of complementary herbicides than their conventional counterparts;

| G. | whereas, in consequence, it has to be expected that maize GA21 will be exposed to both higher and repeated doses of glyphosate, which will not only lead to a higher burden of residues in the harvest but may also influence the composition of the GM maize plant and its agronomic characteristics; |
| --- | --- |

G.

whereas, in consequence, it has to be expected that maize GA21 will be exposed to both higher and repeated doses of glyphosate, which will not only lead to a higher burden of residues in the harvest but may also influence the composition of the GM maize plant and its agronomic characteristics;

| H. | whereas many critical comments were submitted by Member States during the three-month consultation period, both with regard to EFSA 2007 (8) and EFSA 2017 (9); whereas, for example, Member States criticised the fact that further information was needed before conclusions could be drawn as regards the risk assessment of maize GA21, that data supporting a history of safe use was not provided, that the monitoring reports for maize GA21 for the authorisation period had fundamental shortcomings and that the monitoring approach implemented was not fully in line with Directive 2001/18/EC; |
| --- | --- |

H.

whereas many critical comments were submitted by Member States during the three-month consultation period, both with regard to EFSA 2007 (8) and EFSA 2017 (9); whereas, for example, Member States criticised the fact that further information was needed before conclusions could be drawn as regards the risk assessment of maize GA21, that data supporting a history of safe use was not provided, that the monitoring reports for maize GA21 for the authorisation period had fundamental shortcomings and that the monitoring approach implemented was not fully in line with Directive 2001/18/EC;

| I. | whereas the EFSA Panel on Genetically Modified Organisms (EFSA GMO panel) itself considers that further discussion with applicants and risk managers is needed on the practical implementation of the post-marketing environmental monitoring plans for genetically modified (GM) plants for import and processing; |
| --- | --- |

I.

whereas the EFSA Panel on Genetically Modified Organisms (EFSA GMO panel) itself considers that further discussion with applicants and risk managers is needed on the practical implementation of the post-marketing environmental monitoring plans for genetically modified (GM) plants for import and processing;

| J. | whereas questions concerning the carcinogenicity of glyphosate remain; whereas EFSA concluded in November 2015 that glyphosate was unlikely to be carcinogenic and the European Chemicals Agency (ECHA) concluded in March 2017 that no classification was warranted; whereas, on the contrary, in 2015 the World Health Organisation’s International Agency for Research on Cancer classified glyphosate as a probable carcinogen for humans; |
| --- | --- |

J.

whereas questions concerning the carcinogenicity of glyphosate remain; whereas EFSA concluded in November 2015 that glyphosate was unlikely to be carcinogenic and the European Chemicals Agency (ECHA) concluded in March 2017 that no classification was warranted; whereas, on the contrary, in 2015 the World Health Organisation’s International Agency for Research on Cancer classified glyphosate as a probable carcinogen for humans;

| K. | whereas Parliament has established a special committee on the Union’s authorisation procedure for pesticides, which will help to establish whether the relevant Union scientific standards were adhered to in the risk assessment procedure and whether there was any undue industry influence over the Union agencies’ conclusions on glyphosate’s carcinogenicity; |
| --- | --- |

K.

whereas Parliament has established a special committee on the Union’s authorisation procedure for pesticides, which will help to establish whether the relevant Union scientific standards were adhered to in the risk assessment procedure and whether there was any undue industry influence over the Union agencies’ conclusions on glyphosate’s carcinogenicity;

| L. | whereas, in general, according to EFSA’s pesticide panel, conclusions on the safety of residues from spraying GM crops with glyphosate formations cannot be drawn (10); whereas additives and their mixtures used in commercial formulations for spraying glyphosate can show a higher toxicity than the active ingredient alone (11); |
| --- | --- |

L.

whereas, in general, according to EFSA’s pesticide panel, conclusions on the safety of residues from spraying GM crops with glyphosate formations cannot be drawn (10); whereas additives and their mixtures used in commercial formulations for spraying glyphosate can show a higher toxicity than the active ingredient alone (11);

| M. | whereas the Union has already removed a glyphosate additive known as POE tallowamine from the market owing to concerns over its toxicity; whereas problematic additives and mixtures may, however, still be permitted in the countries where maize GA21 is cultivated (Argentina, Brazil, Canada, Japan, Paraguay, the Philippines, South Africa, the USA, Uruguay and Vietnam); |
| --- | --- |

M.

whereas the Union has already removed a glyphosate additive known as POE tallowamine from the market owing to concerns over its toxicity; whereas problematic additives and mixtures may, however, still be permitted in the countries where maize GA21 is cultivated (Argentina, Brazil, Canada, Japan, Paraguay, the Philippines, South Africa, the USA, Uruguay and Vietnam);

| N. | whereas information on residue levels of herbicides and their metabolites is essential for a thorough risk assessment of herbicide-tolerant GM plants; whereas residues from spraying with herbicides are considered outside the remit of the EFSA GMO panel; whereas the impacts of spraying maize GA21 with glyphosate have not been assessed; |
| --- | --- |

N.

whereas information on residue levels of herbicides and their metabolites is essential for a thorough risk assessment of herbicide-tolerant GM plants; whereas residues from spraying with herbicides are considered outside the remit of the EFSA GMO panel; whereas the impacts of spraying maize GA21 with glyphosate have not been assessed;

| O. | whereas Member States are not required to measure glyphosate residues on maize imports in order to ensure compliance with maximum residue levels as part of the coordinated multiannual control programme for 2018, 2019 and 2020, in accordance with Commission Implementing Regulation (EU) 2017/660 (12), nor are they required to do so for the years 2019, 2020 and 2021 (13); whereas it is therefore not known whether glyphosate residues on this imported maize GA21 comply with Union maximum residue limits; |
| --- | --- |

O.

whereas Member States are not required to measure glyphosate residues on maize imports in order to ensure compliance with maximum residue levels as part of the coordinated multiannual control programme for 2018, 2019 and 2020, in accordance with Commission Implementing Regulation (EU) 2017/660 (12), nor are they required to do so for the years 2019, 2020 and 2021 (13); whereas it is therefore not known whether glyphosate residues on this imported maize GA21 comply with Union maximum residue limits;

| P. | whereas maize GA21 is cultivated in, inter alia, Argentina; whereas the devastating impact of the use of glyphosate on health has been widely documented; whereas the Union has signed up to the UN’s sustainable development goals (SDGs), which include a commitment to substantially reduce, by 2030, the number of deaths and illnesses from hazardous chemicals, and air, water and soil pollution and contamination (SDG 3, target 3.9) (14); |
| --- | --- |

P.

whereas maize GA21 is cultivated in, inter alia, Argentina; whereas the devastating impact of the use of glyphosate on health has been widely documented; whereas the Union has signed up to the UN’s sustainable development goals (SDGs), which include a commitment to substantially reduce, by 2030, the number of deaths and illnesses from hazardous chemicals, and air, water and soil pollution and contamination (SDG 3, target 3.9) (14);

| Q. | whereas the Union is committed to policy coherence for development, which aims at minimising contradictions and building synergies between different Union policies, including in the areas of trade, environment and agriculture, to benefit developing countries and increase the effectiveness of development cooperation; |
| --- | --- |

Q.

whereas the Union is committed to policy coherence for development, which aims at minimising contradictions and building synergies between different Union policies, including in the areas of trade, environment and agriculture, to benefit developing countries and increase the effectiveness of development cooperation;

| R. | whereas EFSA concluded that all but one of the representative uses of glyphosate for conventional crops (i.e. non-GM crops) posed a ‘risk to wild non-target terrestrial vertebrates’, and also identified a high long-term risk to mammals for some of the main uses of glyphosate on conventional crops (15); whereas the ECHA classified glyphosate as being toxic to aquatic life with long-lasting effects; whereas the negative impacts of the use of glyphosate on biodiversity and on the environment are widely documented; whereas, for example, a 2017 US study found a negative correlation between glyphosate use and the abundance of adult monarch butterflies, particularly in areas of concentrated agriculture (16); |
| --- | --- |

R.

whereas EFSA concluded that all but one of the representative uses of glyphosate for conventional crops (i.e. non-GM crops) posed a ‘risk to wild non-target terrestrial vertebrates’, and also identified a high long-term risk to mammals for some of the main uses of glyphosate on conventional crops (15); whereas the ECHA classified glyphosate as being toxic to aquatic life with long-lasting effects; whereas the negative impacts of the use of glyphosate on biodiversity and on the environment are widely documented; whereas, for example, a 2017 US study found a negative correlation between glyphosate use and the abundance of adult monarch butterflies, particularly in areas of concentrated agriculture (16);

| S. | whereas re-authorisation for the placing on the market of maize GA21 will continue to create demand for its cultivation in third countries; whereas, as mentioned above, higher and repeated doses of herbicide can be expected to be used on herbicide-tolerant GM plants (in comparison to non-GM plants), as they were intentionally designed for that purpose; |
| --- | --- |

S.

whereas re-authorisation for the placing on the market of maize GA21 will continue to create demand for its cultivation in third countries; whereas, as mentioned above, higher and repeated doses of herbicide can be expected to be used on herbicide-tolerant GM plants (in comparison to non-GM plants), as they were intentionally designed for that purpose;

| T. | whereas the Union is party to the UN Convention on Biological Diversity, which places on its parties the responsibility to ensure that activities within their jurisdiction do not cause damage to the environment of other States (17); whereas the decision on whether to re-authorise maize GA21 is within the Union’s jurisdiction; |
| --- | --- |

T.

whereas the Union is party to the UN Convention on Biological Diversity, which places on its parties the responsibility to ensure that activities within their jurisdiction do not cause damage to the environment of other States (17); whereas the decision on whether to re-authorise maize GA21 is within the Union’s jurisdiction;

| U. | whereas the development of GM crops tolerant to several selective herbicides is mainly due to the rapid evolution of weed resistance to glyphosate in countries that have relied heavily on GM crops; whereas, in 2015, at least 29 glyphosate-resistant weed species were in existence globally (18); |
| --- | --- |

U.

whereas the development of GM crops tolerant to several selective herbicides is mainly due to the rapid evolution of weed resistance to glyphosate in countries that have relied heavily on GM crops; whereas, in 2015, at least 29 glyphosate-resistant weed species were in existence globally (18);

| V. | whereas following a vote on 23 April 2018, the Standing Committee on the Food Chain and Animal Health, referred to in Article 35 of Regulation (EC) No 1829/2003, delivered no opinion; |
| --- | --- |

V.

whereas following a vote on 23 April 2018, the Standing Committee on the Food Chain and Animal Health, referred to in Article 35 of Regulation (EC) No 1829/2003, delivered no opinion;

| W. | whereas on several occasions the Commission has deplored the fact that, since the entry into force of Regulation (EC) No 1829/2003, it has had to adopt authorisation decisions without the support of the Standing Committee on the Food Chain and Animal Health and that the return of the dossier to the Commission for a final decision, which is very much the exception for the procedure as a whole, has become the norm for decision-making on GM food and feed authorisations; whereas that practice has also been deplored by President Juncker as undemocratic (19); |
| --- | --- |

W.

whereas on several occasions the Commission has deplored the fact that, since the entry into force of Regulation (EC) No 1829/2003, it has had to adopt authorisation decisions without the support of the Standing Committee on the Food Chain and Animal Health and that the return of the dossier to the Commission for a final decision, which is very much the exception for the procedure as a whole, has become the norm for decision-making on GM food and feed authorisations; whereas that practice has also been deplored by President Juncker as undemocratic (19);

| X. | whereas on 28 October 2015 Parliament rejected at first reading (20) the legislative proposal of 22 April 2015 amending Regulation (EC) No 1829/2003 and called on the Commission to withdraw it and submit a new one; |
| --- | --- |

X.

whereas on 28 October 2015 Parliament rejected at first reading (20) the legislative proposal of 22 April 2015 amending Regulation (EC) No 1829/2003 and called on the Commission to withdraw it and submit a new one;

| Y. | whereas recital 14 of Regulation (EU) No 182/2011 affirms that the Commission should, as far as possible, act in such a way as to avoid going against any predominant position which might emerge, within the appeal committee, against the appropriateness of an implementing act, especially where that act concerns sensitive issues such as consumer health, food safety and the environment; |
| --- | --- |

Y.

whereas recital 14 of Regulation (EU) No 182/2011 affirms that the Commission should, as far as possible, act in such a way as to avoid going against any predominant position which might emerge, within the appeal committee, against the appropriateness of an implementing act, especially where that act concerns sensitive issues such as consumer health, food safety and the environment;

| Z. | whereas Regulation (EC) No 1829/2003 states that genetically modified food or feed must not have adverse effects on human health, animal health or the environment and that the Commission shall take into account any relevant provisions of Union law and other legitimate factors relevant to the matter under consideration when drafting its decision renewing the authorisation; |
| --- | --- |

Z.

whereas Regulation (EC) No 1829/2003 states that genetically modified food or feed must not have adverse effects on human health, animal health or the environment and that the Commission shall take into account any relevant provisions of Union law and other legitimate factors relevant to the matter under consideration when drafting its decision renewing the authorisation;

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

1.

| 2. | Considers that the draft Commission implementing decision is not consistent with Union law in that it is not compatible with the aim of Regulation (EC) No 1829/2003, which is, in accordance with the general principles laid down in Regulation (EC) No 178/2002 of the European Parliament and of the Council (21), to provide the basis for ensuring a high level of protection of human life and health, animal health and welfare, and environmental and consumer interests in relation to genetically modified food and feed, while ensuring the effective functioning of the internal market; |
| --- | --- |

2.

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

3.

| 4. | Calls on the Commission to suspend any implementing decisions regarding applications for authorisation of GMOs until the authorisation procedure has been revised in such a way as to address the shortcomings of the current procedure, which has proven inadequate; |
| --- | --- |

4.

| 5. | Calls, in particular, on the Commission to uphold its commitments under the UN Convention on Biological Diversity, by suspending all imports of glyphosate-tolerant GM plants; |
| --- | --- |

5.

| 6. | Calls on the Commission not to authorise any herbicide-tolerant GM plants without full assessment of the residues from spraying with complementary herbicides and their commercial formulations as applied in the countries of cultivation; |
| --- | --- |

6.

| 7. | Calls on the Commission to fully integrate the risk assessment of the application of complementary herbicides and their residues into the risk assessment of herbicide-tolerant GM plants, regardless of whether the GM plant concerned is to be cultivated in the Union or for import into the Union for food and feed; |
| --- | --- |

7.

| 8. | Reiterates its commitment to advancing work on the Commission proposal amending Regulation (EU) No 182/2011 in order to ensure that, inter alia, if no opinion is delivered by the Food Chain and Animal Health Standing Committee with respect to GMO approvals, whether for cultivation or for food and feed, the Commission will withdraw the proposal; calls on the Council to move forward with its work on the same Commission proposal as a matter of urgency; |
| --- | --- |

8.

| 9. | Instructs its President to forward this resolution to the Council, the Commission, and the governments and parliaments of the Member States. |
| --- | --- |

9.

---

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

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

(3)  https://efsa.onlinelibrary.wiley.com/doi/10.2903/j.efsa.2017.5006

(4)

| — | Resolution of 16 January 2014 on the proposal for a Council decision concerning the placing on the market for cultivation, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea mays L., line 1 507) genetically modified for resistance to certain lepidopteran pests (OJ C 482, 23.12.2016, p. 110). |
| --- | --- |

—

Resolution of 16 January 2014 on the proposal for a Council decision concerning the placing on the market for cultivation, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea mays L., line 1 507) genetically modified for resistance to certain lepidopteran pests (OJ C 482, 23.12.2016, p. 110).

| — | Resolution of 16 December 2015 on Commission implementing decision (EU) 2015/2279 of 4 December 2015 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize NK603 × T25 (OJ C 399, 24.11.2017, p. 71). |
| --- | --- |

—

Resolution of 16 December 2015 on Commission implementing decision (EU) 2015/2279 of 4 December 2015 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize NK603 × T25 (OJ C 399, 24.11.2017, p. 71).

| — | Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87705 × MON 89788 (OJ C 35, 31.1.2018, p. 19). |
| --- | --- |

—

Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87705 × MON 89788 (OJ C 35, 31.1.2018, p. 19).

| — | Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87708 × MON 89788 (OJ C 35, 31.1.2018, p. 17). |
| --- | --- |

—

Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87708 × MON 89788 (OJ C 35, 31.1.2018, p. 17).

| — | Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 (MST-FGØ72-2) (OJ C 35, 31.1.2018, p. 15). |
| --- | --- |

—

Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 (MST-FGØ72-2) (OJ C 35, 31.1.2018, p. 15).

| — | Resolution of 8 June 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × MIR162 × MIR604 × GA21, and genetically modified maizes combining two or three of those events (OJ C 86, 6.3.2018, p. 108). |
| --- | --- |

—

Resolution of 8 June 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × MIR162 × MIR604 × GA21, and genetically modified maizes combining two or three of those events (OJ C 86, 6.3.2018, p. 108).

| — | Resolution of 8 June 2016 on the draft Commission implementing decision as regards the placing on the market of a genetically modified carnation (Dianthus caryophyllus L., line SHD-27531-4) (OJ C 86, 6.3.2018, p. 111). |
| --- | --- |

—

Resolution of 8 June 2016 on the draft Commission implementing decision as regards the placing on the market of a genetically modified carnation (Dianthus caryophyllus L., line SHD-27531-4) (OJ C 86, 6.3.2018, p. 111).

| — | Resolution of 6 October 2016 on the draft Commission implementing decision renewing the authorisation for the placing on the market for cultivation of genetically modified maize MON 810 seeds (Texts adopted, P8_TA(2016)0388). |
| --- | --- |

—

Resolution of 6 October 2016 on the draft Commission implementing decision renewing the authorisation for the placing on the market for cultivation of genetically modified maize MON 810 seeds (Texts adopted, P8_TA(2016)0388).

| — | Resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of genetically modified maize MON 810 products (Texts adopted, P8_TA(2016)0389). |
| --- | --- |

—

Resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of genetically modified maize MON 810 products (Texts adopted, P8_TA(2016)0389).

| — | Resolution of 6 October 2016 on the draft Commission implementing decision concerning the placing on the market for cultivation of genetically modified maize Bt11 seeds (Texts adopted, P8_TA(2016)0386). |
| --- | --- |

—

Resolution of 6 October 2016 on the draft Commission implementing decision concerning the placing on the market for cultivation of genetically modified maize Bt11 seeds (Texts adopted, P8_TA(2016)0386).

| — | Resolution of 6 October 2016 on the draft Commission implementing decision concerning the placing on the market for cultivation of genetically modified maize 1 507 seeds (Texts adopted, P8_TA(2016)0387). |
| --- | --- |

—

Resolution of 6 October 2016 on the draft Commission implementing decision concerning the placing on the market for cultivation of genetically modified maize 1 507 seeds (Texts adopted, P8_TA(2016)0387).

| — | Resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton 281-24-236 × 3006-210-23 × MON 88913 (Texts adopted, P8_TA(2016)0390). |
| --- | --- |

—

Resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton 281-24-236 × 3006-210-23 × MON 88913 (Texts adopted, P8_TA(2016)0390).

| — | Resolution of 5 April 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × 59122 × MIR604 × 1 507 × GA21, and genetically modified maizes combining two, three or four of the events Bt11, 59122, MIR604, 1 507 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0123). |
| --- | --- |

—

Resolution of 5 April 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × 59122 × MIR604 × 1 507 × GA21, and genetically modified maizes combining two, three or four of the events Bt11, 59122, MIR604, 1 507 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0123).

| — | Resolution of 17 May 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize DAS-40278-9, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0215). |
| --- | --- |

—

Resolution of 17 May 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize DAS-40278-9, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0215).

| — | Resolution of 17 May 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton GHB119 (BCS-GHØØ5-8) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P8_TA(2017)0214). |
| --- | --- |

—

Resolution of 17 May 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton GHB119 (BCS-GHØØ5-8) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P8_TA(2017)0214).

| — | Resolution of 13 September 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS-68416-4, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0341). |
| --- | --- |

—

Resolution of 13 September 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS-68416-4, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0341).

| — | Resolution of 4 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 × A5547-127 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0377). |
| --- | --- |

—

Resolution of 4 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 × A5547-127 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0377).

| — | Resolution of 4 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS-44406-6, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0378). |
| --- | --- |

—

Resolution of 4 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS-44406-6, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0378).

| — | Resolution of 24 October 2017 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize 1 507 (DAS-Ø15Ø7-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0396). |
| --- | --- |

—

Resolution of 24 October 2017 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize 1 507 (DAS-Ø15Ø7-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0396).

| — | Resolution of 24 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean 305 423 × 40-3-2 (DP-3Ø5423-1 × MON-Ø4Ø32-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0397). |
| --- | --- |

—

Resolution of 24 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean 305 423 × 40-3-2 (DP-3Ø5423-1 × MON-Ø4Ø32-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0397).

| — | Resolution of 24 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified oilseed rapes MON 88302 × Ms8 × Rf3 (MON-883Ø2-9 × ACSBNØØ5-8 × ACS-BNØØ3-6), MON 88302 × Ms8 (MON-883Ø2-9 × ACSBNØØ5-8) and MON 88302 × Rf3 (MON-883Ø2-9 × ACS-BNØØ3-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0398). |
| --- | --- |

—

Resolution of 24 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified oilseed rapes MON 88302 × Ms8 × Rf3 (MON-883Ø2-9 × ACSBNØØ5-8 × ACS-BNØØ3-6), MON 88302 × Ms8 (MON-883Ø2-9 × ACSBNØØ5-8) and MON 88302 × Rf3 (MON-883Ø2-9 × ACS-BNØØ3-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0398).

| — | Resolution of 1 March 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize 59122 (DAS-59122-7) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0051). |
| --- | --- |

—

Resolution of 1 March 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize 59122 (DAS-59122-7) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0051).

| — | Resolution of 1 March 2018 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MON 87427 × MON 89034 × NK603 (MON-87427-7 × MON-89Ø34-3 × MON-ØØ6Ø3-6) and genetically modified maize combining two of the events MON 87427, MON 89034 and NK603, and repealing Decision 2010/420/EU (Texts adopted, P8_TA(2018)0052). |
| --- | --- |

—

Resolution of 1 March 2018 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MON 87427 × MON 89034 × NK603 (MON-87427-7 × MON-89Ø34-3 × MON-ØØ6Ø3-6) and genetically modified maize combining two of the events MON 87427, MON 89034 and NK603, and repealing Decision 2010/420/EU (Texts adopted, P8_TA(2018)0052).

| — | Resolution of 3 May 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of food and feed produced from genetically modified sugar beet H7-1 (KM-ØØØH71-4) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0197). |
| --- | --- |

—

Resolution of 3 May 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of food and feed produced from genetically modified sugar beet H7-1 (KM-ØØØH71-4) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0197).

(5)  Commission Decision 2008/280/EC of 28 March 2008 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize GA21 (MON-ØØØ21-9) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 87, 29.3.2008, p. 19).

(6)  https://www.efsa.europa.eu/fr/efsajournal/pub/541

(7)  https://efsa.onlinelibrary.wiley.com/doi/10.2903/j.efsa.2017.5006

(8)  Annex G, Member States’ comments, http://registerofquestions.efsa.europa.eu/roqFrontend/questionLoader?question=EFSA-Q-2005-226

(9)  Annex G, Member States’ comments, http://registerofquestions.efsa.europa.eu/roqFrontend/questionDocumentsLoader?question=EFSA-Q-2016-00714

(10)  EFSA conclusion on the peer review of the pesticide risk assessment of the active substance glyphosate. EFSA journal 2015, 13(11):4302, http://onlinelibrary.wiley.com/doi/10.2903/j.efsa.2015.4302/epdf

(11)  https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3955666

(12)  Commission Implementing Regulation (EU) 2017/660 of 6 April 2017 concerning a coordinated multiannual control programme of the Union for 2018, 2019 and 2020 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (OJ L 94, 7.4.2017, p. 12).

(13)  Commission Implementing Regulation (EU) 2018/555 of 9 April 2018 concerning a coordinated multiannual control programme of the Union for 2019, 2020 and 2021 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (OJ L 92, 10.4.2018, p. 6).

(14)  https://sustainabledevelopment.un.org/sdg3

(15)  https://efsa.onlinelibrary.wiley.com/doi/epdf/10.2903/j.efsa.2015.4302

(16)  https://onlinelibrary.wiley.com/doi/abs/10.1111/ecog.02719

(17)  Article 3, https://www.cbd.int/convention/articles/default.shtml?a=cbd-03

(18)  https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5606642/

(19)  See, for example, the opening statement at the European Parliament plenary session included in the political guidelines for the next European Commission (Strasbourg, 15 July 2014), or the State of the Union Address 2016 (Strasbourg, 14 September 2016).

(20)  OJ C 355, 20.10.2017, p. 165.

(21)  OJ L 31, 1.2.2002, p. 1.

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| 9.3.2020 | EN | Official Journal of the European Union | C 76/48 |
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9.3.2020

EN

Official Journal of the European Union

C 76/48

---

P8_TA(2018)0222

Genetically modified maize 1 507 × 59 122 × MON 810 × NK603, and genetically modified maize combining two or three of the single events 1 507, 59 122, MON 810 and NK603

European Parliament resolution of 30 May 2018 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize 1 507 × 59 122 × MON 810 × NK603, and genetically modified maize combining two or three of the single events 1 507, 59 122, MON 810 and NK603, and repealing Decisions 2009/815/EC, 2010/428/EU and 2010/432/EU pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (D056123-02 – 2018/2699(RSP))

(2020/C 76/07)

The European Parliament,

| — | having regard to the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize 1 507 × 59 122 × MON 810 × NK603, and genetically modified maize combining two or three of the single events 1 507, 59 122, MON 810 and NK603, and repealing Decisions 2009/815/EC, 2010/428/EU and 2010/432/EU pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (D056123-02), |
| --- | --- |

—

having regard to the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize 1 507 × 59 122 × MON 810 × NK603, and genetically modified maize combining two or three of the single events 1 507, 59 122, MON 810 and NK603, and repealing Decisions 2009/815/EC, 2010/428/EU and 2010/432/EU pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (D056123-02),

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

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

| — | having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 23 April 2018, at which no opinion was delivered, |
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—

having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 23 April 2018, at which no opinion was delivered,

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

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

| — | having regard to the opinion adopted by the European Food Safety Authority on 14 November 2017 and published on 28 November 2017 (3), |
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—

having regard to the opinion adopted by the European Food Safety Authority on 14 November 2017 and published on 28 November 2017 (3),

| — | having regard to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (COM(2017)0085, COD(2017)0035), |
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—

having regard to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (COM(2017)0085, COD(2017)0035),

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

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

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

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

| — | having regard to Rule 106(2) and (3) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 106(2) and (3) of its Rules of Procedure,

| A. | whereas on 3 February 2011, Pioneer Overseas Corporation submitted, on behalf of Pioneer Hi-Bred International Inc., United States, an application for the placing on the market of foods, food ingredients and feed containing, consisting of, or produced from genetically modified maize 1 507 × 59 122 × MON 810 × NK603 (‘the application’) to the national competent authority of the Netherlands in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003; whereas the application also covered the placing on the market of products consisting of or containing genetically modified maize 1 507 × 59 122 × MON 810 × NK603 (‘the GM maize’) for uses other than food and feed, with the exception of cultivation; |
| --- | --- |

A.

whereas on 3 February 2011, Pioneer Overseas Corporation submitted, on behalf of Pioneer Hi-Bred International Inc., United States, an application for the placing on the market of foods, food ingredients and feed containing, consisting of, or produced from genetically modified maize 1 507 × 59 122 × MON 810 × NK603 (‘the application’) to the national competent authority of the Netherlands in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003; whereas the application also covered the placing on the market of products consisting of or containing genetically modified maize 1 507 × 59 122 × MON 810 × NK603 (‘the GM maize’) for uses other than food and feed, with the exception of cultivation;

| B. | whereas the application covered ten sub-combinations of the single transformation events constituting the GM maize, of which five had already been authorised; whereas eight of those sub-combinations are governed by the draft Commission implementing decision; whereas the sub-combinations 1 507 × NK603 and NK603 × MON 810 have already been authorised under different Commission decisions; |
| --- | --- |

B.

whereas the application covered ten sub-combinations of the single transformation events constituting the GM maize, of which five had already been authorised; whereas eight of those sub-combinations are governed by the draft Commission implementing decision; whereas the sub-combinations 1 507 × NK603 and NK603 × MON 810 have already been authorised under different Commission decisions;

| C. | whereas on 14 November 2017, the European Food Safety Authority (EFSA) adopted a favourable opinion, in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003, which was published on 28 November 2017 (5); |
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C.

whereas on 14 November 2017, the European Food Safety Authority (EFSA) adopted a favourable opinion, in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003, which was published on 28 November 2017 (5);

| D. | whereas the GM maize is derived from crossing four genetically engineered maize events: 1 507 produces the insecticidal protein Cr1F and is resistant to the herbicide glufosinate; 59 122 produces the insecticidal proteins Cry34Ab1 and Cry35Ab1 and is also resistant to the herbicide glufosinate; MON810 produces the insecticidal protein Cr1Ab; NK603 produces two enzymes rendering resistance to the herbicide glyphosate; |
| --- | --- |

D.

whereas the GM maize is derived from crossing four genetically engineered maize events: 1 507 produces the insecticidal protein Cr1F and is resistant to the herbicide glufosinate; 59 122 produces the insecticidal proteins Cry34Ab1 and Cry35Ab1 and is also resistant to the herbicide glufosinate; MON810 produces the insecticidal protein Cr1Ab; NK603 produces two enzymes rendering resistance to the herbicide glyphosate;

| E. | whereas application of the complementary herbicides, in this case glyphosate and glufosinate, is part of regular agricultural practice in the cultivation of herbicide-resistant plants and it can therefore be expected that residues from spraying will be present in the harvest and are inevitable constituents; whereas it has been shown that herbicide-tolerant genetically modified crops result in a higher use of complementary herbicides than their conventional counterparts; |
| --- | --- |

E.

whereas application of the complementary herbicides, in this case glyphosate and glufosinate, is part of regular agricultural practice in the cultivation of herbicide-resistant plants and it can therefore be expected that residues from spraying will be present in the harvest and are inevitable constituents; whereas it has been shown that herbicide-tolerant genetically modified crops result in a higher use of complementary herbicides than their conventional counterparts;

| F. | whereas, in consequence, it has to be expected that the GM maize will be exposed to both higher and repeated doses of glyphosate and glufosinate, which will not only lead to a higher burden of residues in the harvest, but may also influence the composition of the GM maize plant and its agronomic characteristics; |
| --- | --- |

F.

whereas, in consequence, it has to be expected that the GM maize will be exposed to both higher and repeated doses of glyphosate and glufosinate, which will not only lead to a higher burden of residues in the harvest, but may also influence the composition of the GM maize plant and its agronomic characteristics;

| G. | whereas an independent study concluded that the EFSA risk assessment should not be accepted as, inter alia, EFSA did not request any empirical data regarding toxicity and impact on the immune system, combinatorial effects and the consequences of spraying higher dosages of the complementary herbicides were ignored, the environmental risk assessment was unacceptable and based on wrong assumptions, and no system was foreseen to perform case-specific monitoring of spillage and potential health effects (6); |
| --- | --- |

G.

whereas an independent study concluded that the EFSA risk assessment should not be accepted as, inter alia, EFSA did not request any empirical data regarding toxicity and impact on the immune system, combinatorial effects and the consequences of spraying higher dosages of the complementary herbicides were ignored, the environmental risk assessment was unacceptable and based on wrong assumptions, and no system was foreseen to perform case-specific monitoring of spillage and potential health effects (6);

| H. | whereas no experimental data were provided by the applicant for one currently unauthorised sub-combination of the stacked event (59 122 × MON810 × NK603); whereas authorisation of a stacked event should not be considered without a thorough assessment of experimental data for each sub-combination; |
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H.

whereas no experimental data were provided by the applicant for one currently unauthorised sub-combination of the stacked event (59 122 × MON810 × NK603); whereas authorisation of a stacked event should not be considered without a thorough assessment of experimental data for each sub-combination;

| I. | whereas glufosinate is classified as toxic to reproduction and thus falls under the exclusion criteria set out in Regulation (EC) No 1107/2009 of the European Parliament and of the Council (7); whereas the approval of glufosinate for use in the Union expires on 31 July 2018 (8); |
| --- | --- |

I.

whereas glufosinate is classified as toxic to reproduction and thus falls under the exclusion criteria set out in Regulation (EC) No 1107/2009 of the European Parliament and of the Council (7); whereas the approval of glufosinate for use in the Union expires on 31 July 2018 (8);

| J. | whereas questions concerning the carcinogenicity of glyphosate remain; whereas EFSA concluded in November 2015 that glyphosate was unlikely to be carcinogenic and the European Chemicals Agency (ECHA) concluded in March 2017 that no classification was warranted; whereas, on the contrary, in 2015 the World Health Organisation’s International Agency for Research on Cancer classified glyphosate as a probable carcinogen for humans; |
| --- | --- |

J.

whereas questions concerning the carcinogenicity of glyphosate remain; whereas EFSA concluded in November 2015 that glyphosate was unlikely to be carcinogenic and the European Chemicals Agency (ECHA) concluded in March 2017 that no classification was warranted; whereas, on the contrary, in 2015 the World Health Organisation’s International Agency for Research on Cancer classified glyphosate as a probable carcinogen for humans;

| K. | whereas, in general, according to EFSA’s pesticide panel, conclusions on the safety of residues from spraying GM crops with glyphosate formations cannot be drawn (9); whereas additives and their mixtures used in commercial formulations for spraying glyphosate can show a higher toxicity than the active ingredient alone (10); |
| --- | --- |

K.

whereas, in general, according to EFSA’s pesticide panel, conclusions on the safety of residues from spraying GM crops with glyphosate formations cannot be drawn (9); whereas additives and their mixtures used in commercial formulations for spraying glyphosate can show a higher toxicity than the active ingredient alone (10);

| L. | whereas the Union has already removed a glyphosate additive known as POE tallowamine from the market owing to concerns over its toxicity; whereas problematic additives and mixtures may, however, still be permitted in the countries where the GM maize is cultivated (Canada and Japan); |
| --- | --- |

L.

whereas the Union has already removed a glyphosate additive known as POE tallowamine from the market owing to concerns over its toxicity; whereas problematic additives and mixtures may, however, still be permitted in the countries where the GM maize is cultivated (Canada and Japan);

| M. | whereas information on residue levels of herbicides and their metabolites is essential for a thorough risk assessment of herbicide-tolerant GM plants; whereas residues from spraying with herbicides are considered outside the remit of the EFSA GMO panel; whereas the impacts of spraying the GM maize with herbicides have not been assessed, nor has the cumulative effect of spraying with both glyphosate and glufosinate; |
| --- | --- |

M.

whereas information on residue levels of herbicides and their metabolites is essential for a thorough risk assessment of herbicide-tolerant GM plants; whereas residues from spraying with herbicides are considered outside the remit of the EFSA GMO panel; whereas the impacts of spraying the GM maize with herbicides have not been assessed, nor has the cumulative effect of spraying with both glyphosate and glufosinate;

| N. | whereas Member States are not required to measure glyphosate or glufosinate residues on maize imports in order to ensure compliance with maximum residue levels as part of the coordinated multiannual control programme for 2018, 2019 and 2020, in accordance with Commission Implementing Regulation (EU) 2017/660 (11), nor are they required to do so for the years 2019, 2020 and 2021 (12); whereas it is therefore not known whether glyphosate or glufosinate residues on this imported GM maize comply with EU maximum residue limits; |
| --- | --- |

N.

whereas Member States are not required to measure glyphosate or glufosinate residues on maize imports in order to ensure compliance with maximum residue levels as part of the coordinated multiannual control programme for 2018, 2019 and 2020, in accordance with Commission Implementing Regulation (EU) 2017/660 (11), nor are they required to do so for the years 2019, 2020 and 2021 (12); whereas it is therefore not known whether glyphosate or glufosinate residues on this imported GM maize comply with EU maximum residue limits;

| O. | whereas the stacked event produces four insecticidal toxins (Cry1F and Cry1Ab, targeting lepidoptera insects, and Cry34Ab1 and Cry35Ab1, targeting coleptera); whereas a 2017 scientific study on the possible health impacts of Bt toxins and residues from spraying with complementary herbicides concluded that specific attention should be paid to the herbicide residues and their interaction with Bt toxins (13); whereas this was not investigated by EFSA; |
| --- | --- |

O.

whereas the stacked event produces four insecticidal toxins (Cry1F and Cry1Ab, targeting lepidoptera insects, and Cry34Ab1 and Cry35Ab1, targeting coleptera); whereas a 2017 scientific study on the possible health impacts of Bt toxins and residues from spraying with complementary herbicides concluded that specific attention should be paid to the herbicide residues and their interaction with Bt toxins (13); whereas this was not investigated by EFSA;

| P. | whereas EFSA concluded that all but one of the representative uses of glyphosate for conventional crops (i.e. non-GM crops) posed a ‘risk to wild non-target terrestrial vertebrates’, and also identified a high long-term risk to mammals for some of the main uses of glyphosate on conventional crops (14); whereas the ECHA classified glyphosate as being toxic to aquatic life with long-lasting effects; whereas the negative impacts of the use of glyphosate on biodiversity and on the environment are widely documented; whereas, for example, a 2017 US study found a negative correlation between glyphosate use and the abundance of adult monarch butterflies, particularly in areas of concentrated agriculture (15); |
| --- | --- |

P.

whereas EFSA concluded that all but one of the representative uses of glyphosate for conventional crops (i.e. non-GM crops) posed a ‘risk to wild non-target terrestrial vertebrates’, and also identified a high long-term risk to mammals for some of the main uses of glyphosate on conventional crops (14); whereas the ECHA classified glyphosate as being toxic to aquatic life with long-lasting effects; whereas the negative impacts of the use of glyphosate on biodiversity and on the environment are widely documented; whereas, for example, a 2017 US study found a negative correlation between glyphosate use and the abundance of adult monarch butterflies, particularly in areas of concentrated agriculture (15);

| Q. | whereas authorisation for the placing on the market of the GM maize will increase demand for its cultivation in third countries; whereas, as mentioned above, higher and repeated doses of herbicide are used on herbicide-tolerant GM plants (in comparison to non-GM plants), as they were intentionally designed for that purpose; |
| --- | --- |

Q.

whereas authorisation for the placing on the market of the GM maize will increase demand for its cultivation in third countries; whereas, as mentioned above, higher and repeated doses of herbicide are used on herbicide-tolerant GM plants (in comparison to non-GM plants), as they were intentionally designed for that purpose;

| R. | whereas the Union is party to the UN Convention on Biological Diversity, which places on its parties the responsibility to ensure that activities within their jurisdiction do not cause damage to the environment of other States (16); whereas the decision on whether or not to authorise the GM maize is within the Union’s jurisdiction; |
| --- | --- |

R.

whereas the Union is party to the UN Convention on Biological Diversity, which places on its parties the responsibility to ensure that activities within their jurisdiction do not cause damage to the environment of other States (16); whereas the decision on whether or not to authorise the GM maize is within the Union’s jurisdiction;

| S. | whereas the development of GM crops tolerant to several selective herbicides is mainly due to the rapid evolution of weed resistance to glyphosate in countries that have relied heavily on GM crops; whereas, in 2015, at least 29 glyphosate-resistant weed species were in existence globally (17); |
| --- | --- |

S.

whereas the development of GM crops tolerant to several selective herbicides is mainly due to the rapid evolution of weed resistance to glyphosate in countries that have relied heavily on GM crops; whereas, in 2015, at least 29 glyphosate-resistant weed species were in existence globally (17);

| T. | whereas following a vote on 23 April 2018, the Standing Committee on the Food Chain and Animal Health, referred to in Article 35 of Regulation (EC) No 1829/2003, delivered no opinion; |
| --- | --- |

T.

whereas following a vote on 23 April 2018, the Standing Committee on the Food Chain and Animal Health, referred to in Article 35 of Regulation (EC) No 1829/2003, delivered no opinion;

| U. | whereas on several occasions the Commission has deplored the fact that, since the entry into force of Regulation (EC) No 1829/2003, it has had to adopt authorisation decisions without the support of the Standing Committee on the Food Chain and Animal Health and that the return of the dossier to the Commission for a final decision, which is very much the exception for the procedure as a whole, has become the norm for decision-making on GM food and feed authorisations; whereas that practice has also been deplored by President Juncker as undemocratic (18); |
| --- | --- |

U.

whereas on several occasions the Commission has deplored the fact that, since the entry into force of Regulation (EC) No 1829/2003, it has had to adopt authorisation decisions without the support of the Standing Committee on the Food Chain and Animal Health and that the return of the dossier to the Commission for a final decision, which is very much the exception for the procedure as a whole, has become the norm for decision-making on GM food and feed authorisations; whereas that practice has also been deplored by President Juncker as undemocratic (18);

| V. | whereas on 28 October 2015 Parliament rejected at first reading (19) the legislative proposal of 22 April 2015 amending Regulation (EC) No 1829/2003 and called on the Commission to withdraw it and submit a new one; |
| --- | --- |

V.

whereas on 28 October 2015 Parliament rejected at first reading (19) the legislative proposal of 22 April 2015 amending Regulation (EC) No 1829/2003 and called on the Commission to withdraw it and submit a new one;

| W. | whereas recital 14 of Regulation (EU) No 182/2011 affirms that the Commission should, as far as possible, act in such a way as to avoid going against any predominant position which might emerge, within the appeal committee, against the appropriateness of an implementing act, especially where that act concerns sensitive issues such as consumer health, food safety and the environment; |
| --- | --- |

W.

whereas recital 14 of Regulation (EU) No 182/2011 affirms that the Commission should, as far as possible, act in such a way as to avoid going against any predominant position which might emerge, within the appeal committee, against the appropriateness of an implementing act, especially where that act concerns sensitive issues such as consumer health, food safety and the environment;

| X. | whereas Regulation (EC) No 1829/2003 states that genetically modified food or feed must not have adverse effects on human health, animal health or the environment and that the Commission shall take into account any relevant provisions of Union law and other legitimate factors relevant to the matter under consideration when drafting its decision renewing the authorisation; |
| --- | --- |

X.

whereas Regulation (EC) No 1829/2003 states that genetically modified food or feed must not have adverse effects on human health, animal health or the environment and that the Commission shall take into account any relevant provisions of Union law and other legitimate factors relevant to the matter under consideration when drafting its decision renewing the authorisation;

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

1.

| 2. | Considers that the draft Commission implementing decision is not consistent with Union law in that it is not compatible with the aim of Regulation (EC) No 1829/2003 which is, in accordance with the general principles laid down in Regulation (EC) No 178/2002 of the European Parliament and of the Council (20), to provide the basis for ensuring a high level of protection of human life and health, animal health and welfare, and environmental and consumer interests in relation to genetically modified food and feed, while ensuring the effective functioning of the internal market; |
| --- | --- |

2.

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

3.

| 4. | Calls on the Commission to suspend any implementing decisions regarding applications for authorisation of GMOs until the authorisation procedure has been revised in such a way as to address the shortcomings of the current procedure, which has proven inadequate; |
| --- | --- |

4.

| 5. | Calls, in particular, on the Commission to uphold its commitments under the UN Convention on Biological Diversity, by suspending all imports of glyphosate-tolerant GM plants; |
| --- | --- |

5.

| 6. | Calls, in particular, on the Commission not to authorise the import of any genetically modified plant for food or feed uses which has been made tolerant to a herbicide which is not authorised for use in the Union (in this case glufosinate, the authorisation of which expires on 31 July 2018); |
| --- | --- |

6.

| 7. | Calls on the Commission not to authorise any herbicide-tolerant GM plants without full assessment of the residues from spraying with complementary herbicides and their commercial formulations as applied in the countries of cultivation; |
| --- | --- |

7.

| 8. | Calls on the Commission to fully integrate the risk assessment of the application of complementary herbicides and their residues into the risk assessment of herbicide-tolerant GM plants, regardless of whether the GM plant concerned is to be cultivated in the Union or for import into the Union for food and feed; |
| --- | --- |

8.

| 9. | Reiterates its commitment to advancing work on the Commission proposal amending Regulation (EU) No 182/2011 in order to ensure that, inter alia, if no opinion is delivered by the Food Chain and Animal Health Standing Committee with respect to GMO approvals, whether for cultivation or for food and feed, the Commission will withdraw the proposal; calls on the Council to move forward with its work on the same Commission proposal as a matter of urgency; |
| --- | --- |

9.

| 10. | Instructs its President to forward this resolution to the Council, the Commission, and the governments and parliaments of the Member States. |
| --- | --- |

10.

---

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

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

(3)  https://efsa.onlinelibrary.wiley.com/doi/10.2903/j.efsa.2017.5000

(4)

| — | Resolution of 16 January 2014 on the proposal for a Council decision concerning the placing on the market for cultivation, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea mays L., line 1 507) genetically modified for resistance to certain lepidopteran pests (OJ C 482, 23.12.2016, p. 110). |
| --- | --- |

—

Resolution of 16 January 2014 on the proposal for a Council decision concerning the placing on the market for cultivation, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea mays L., line 1 507) genetically modified for resistance to certain lepidopteran pests (OJ C 482, 23.12.2016, p. 110).

| — | Resolution of 16 December 2015 on Commission implementing decision (EU) 2015/2279 of 4 December 2015 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize NK603 × T25 (OJ C 399, 24.11.2017, p. 71). |
| --- | --- |

—

Resolution of 16 December 2015 on Commission implementing decision (EU) 2015/2279 of 4 December 2015 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize NK603 × T25 (OJ C 399, 24.11.2017, p. 71).

| — | Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87705 × MON 89788 (OJ C 35, 31.1.2018, p. 19). |
| --- | --- |

—

Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87705 × MON 89788 (OJ C 35, 31.1.2018, p. 19).

| — | Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87708 × MON 89788 (OJ C 35, 31.1.2018, p. 17). |
| --- | --- |

—

Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87708 × MON 89788 (OJ C 35, 31.1.2018, p. 17).

| — | Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 (MST-FGØ72-2) (OJ C 35, 31.1.2018, p. 15). |
| --- | --- |

—

Resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 (MST-FGØ72-2) (OJ C 35, 31.1.2018, p. 15).

| — | Resolution of 8 June 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × MIR162 × MIR604 × GA21, and genetically modified maizes combining two or three of those events (OJ C 86, 6.3.2018, p. 108). |
| --- | --- |

—

Resolution of 8 June 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × MIR162 × MIR604 × GA21, and genetically modified maizes combining two or three of those events (OJ C 86, 6.3.2018, p. 108).

| — | Resolution of 8 June 2016 on the draft Commission implementing decision as regards the placing on the market of a genetically modified carnation (Dianthus caryophyllus L., line SHD-27531-4) (OJ C 86, 6.3.2018, p. 111). |
| --- | --- |

—

Resolution of 8 June 2016 on the draft Commission implementing decision as regards the placing on the market of a genetically modified carnation (Dianthus caryophyllus L., line SHD-27531-4) (OJ C 86, 6.3.2018, p. 111).

| — | Resolution of 6 October 2016 on the draft Commission implementing decision renewing the authorisation for the placing on the market for cultivation of genetically modified maize MON 810 seeds (Texts adopted, P8_TA(2016)0388). |
| --- | --- |

—

Resolution of 6 October 2016 on the draft Commission implementing decision renewing the authorisation for the placing on the market for cultivation of genetically modified maize MON 810 seeds (Texts adopted, P8_TA(2016)0388).

| — | Resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of genetically modified maize MON 810 products (Texts adopted, P8_TA(2016)0389). |
| --- | --- |

—

Resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of genetically modified maize MON 810 products (Texts adopted, P8_TA(2016)0389).

| — | Resolution of 6 October 2016 on the draft Commission implementing decision concerning the placing on the market for cultivation of genetically modified maize Bt11 seeds (Texts adopted, P8_TA(2016)0386). |
| --- | --- |

—

Resolution of 6 October 2016 on the draft Commission implementing decision concerning the placing on the market for cultivation of genetically modified maize Bt11 seeds (Texts adopted, P8_TA(2016)0386).

| — | Resolution of 6 October 2016 on the draft Commission implementing decision concerning the placing on the market for cultivation of genetically modified maize 1 507 seeds (Texts adopted, P8_TA(2016)0387). |
| --- | --- |

—

Resolution of 6 October 2016 on the draft Commission implementing decision concerning the placing on the market for cultivation of genetically modified maize 1 507 seeds (Texts adopted, P8_TA(2016)0387).

| — | Resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton 281-24-236 × 3006-210-23 × MON 88913 (Texts adopted, P8_TA(2016)0390). |
| --- | --- |

—

Resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton 281-24-236 × 3006-210-23 × MON 88913 (Texts adopted, P8_TA(2016)0390).

| — | Resolution of 5 April 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × 59 122 × MIR604 × 1 507 × GA21, and genetically modified maizes combining two, three or four of the events Bt11, 59 122, MIR604, 1 507 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0123). |
| --- | --- |

—

Resolution of 5 April 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × 59 122 × MIR604 × 1 507 × GA21, and genetically modified maizes combining two, three or four of the events Bt11, 59 122, MIR604, 1 507 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0123).

| — | Resolution of 17 May 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize DAS-40278-9, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0215). |
| --- | --- |

—

Resolution of 17 May 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize DAS-40278-9, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0215).

| — | Resolution of 17 May 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton GHB119 (BCS-GHØØ5-8) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P8_TA(2017)0214). |
| --- | --- |

—

Resolution of 17 May 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton GHB119 (BCS-GHØØ5-8) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (Texts adopted, P8_TA(2017)0214).

| — | Resolution of 13 September 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS-68416-4, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0341). |
| --- | --- |

—

Resolution of 13 September 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS-68416-4, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0341).

| — | Resolution of 4 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 × A5547-127 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0377). |
| --- | --- |

—

Resolution of 4 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 × A5547-127 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0377).

| — | Resolution of 4 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS-44406-6, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0378). |
| --- | --- |

—

Resolution of 4 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS-44406-6, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0378).

| — | Resolution of 24 October 2017 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize 1 507 (DAS-Ø15Ø7-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0396). |
| --- | --- |

—

Resolution of 24 October 2017 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize 1 507 (DAS-Ø15Ø7-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0396).

| — | Resolution of 24 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean 305 423 × 40-3-2 (DP-3Ø5423-1 × MON-Ø4Ø32-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0397). |
| --- | --- |

—

Resolution of 24 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean 305 423 × 40-3-2 (DP-3Ø5423-1 × MON-Ø4Ø32-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0397).

| — | Resolution of 24 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified oilseed rapes MON 88302 × Ms8 × Rf3 (MON-883Ø2-9 × ACSBNØØ5-8 × ACS-BNØØ3-6), MON 88302 × Ms8 (MON-883Ø2-9 × ACSBNØØ5-8) and MON 88302 × Rf3 (MON-883Ø2-9 × ACS-BNØØ3-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0398). |
| --- | --- |

—

Resolution of 24 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified oilseed rapes MON 88302 × Ms8 × Rf3 (MON-883Ø2-9 × ACSBNØØ5-8 × ACS-BNØØ3-6), MON 88302 × Ms8 (MON-883Ø2-9 × ACSBNØØ5-8) and MON 88302 × Rf3 (MON-883Ø2-9 × ACS-BNØØ3-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2017)0398).

| — | Resolution of 1 March 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize 59 122 (DAS-59 122-7) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0051). |
| --- | --- |

—

Resolution of 1 March 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize 59 122 (DAS-59 122-7) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0051).

| — | Resolution of 1 March 2018 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MON 87427 × MON 89034 × NK603 (MON-87427-7 × MON-89Ø34-3 × MON-ØØ6Ø3-6) and genetically modified maize combining two of the events MON 87427, MON 89034 and NK603, and repealing Decision 2010/420/EU (Texts adopted, P8_TA(2018)0052). |
| --- | --- |

—

Resolution of 1 March 2018 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MON 87427 × MON 89034 × NK603 (MON-87427-7 × MON-89Ø34-3 × MON-ØØ6Ø3-6) and genetically modified maize combining two of the events MON 87427, MON 89034 and NK603, and repealing Decision 2010/420/EU (Texts adopted, P8_TA(2018)0052).

| — | Resolution of 3 May 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of food and feed produced from genetically modified sugar beet H7-1 (KM-ØØØH71-4) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0197). |
| --- | --- |

—

Resolution of 3 May 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of food and feed produced from genetically modified sugar beet H7-1 (KM-ØØØH71-4) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0197).

(5)  https://efsa.onlinelibrary.wiley.com/doi/10.2903/j.efsa.2017.5000

(6)  https://www.testbiotech.org/node/2130

(7)  OJ L 309, 24.11.2009, p. 1.

(8)  Point 7 of the Annex to Commission Implementing Regulation (EU) 2015/404 (OJ L 67, 12.3.2015, p. 6).

(9)  EFSA conclusion on the peer review of the pesticide risk assessment of the active substance glyphosate. EFSA journal 2015, 13 (11):4302, http://onlinelibrary.wiley.com/doi/10.2903/j.efsa.2015.4302/epdf

(10)  https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3955666

(11)  Commission Implementing Regulation (EU) 2017/660 of 6 April 2017 concerning a coordinated multiannual control programme of the Union for 2018, 2019 and 2020 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (OJ L 94, 7.4.2017, p. 12).

(12)  Commission Implementing Regulation (EU) 2018/555 of 9 April 2018 concerning a coordinated multiannual control programme of the Union for 2019, 2020 and 2021 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (OJ L 92, 10.4.2018, p. 6).

(13)  https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5236067/

(14)  https://efsa.onlinelibrary.wiley.com/doi/epdf/10.2903/j.efsa.2015.4302

(15)  https://onlinelibrary.wiley.com/doi/abs/10.1111/ecog.02719

(16)  Article 3, https://www.cbd.int/convention/articles/default.shtml?a=cbd-03

(17)  https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5606642/

(18)  See, for example, the opening statement at the European Parliament plenary session included in the political guidelines for the next European Commission (Strasbourg, 15 July 2014), or the State of the Union Address 2016 (Strasbourg, 14 September 2016).

(19)  OJ C 355, 20.10.2017, p. 165.

(20)  OJ L 31, 1.2.2002, p. 1.

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| 9.3.2020 | EN | Official Journal of the European Union | C 76/54 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/54

---

P8_TA(2018)0223

Conformity of fisheries products with access criteria to the EU market

European Parliament resolution of 30 May 2018 on the implementation of control measures for establishing the conformity of fisheries products with access criteria to the EU market (2017/2129(INI))

(2020/C 76/08)

The European Parliament,

| — | having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (1), |
| --- | --- |

—

having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (1),

| — | having regard to the common fisheries policy (CFP) control regime, comprising Council Regulation (EC) No 1224/2009 (2) and (EC) No 1005/2008 (3), and Regulation (EU) 2017/2403 of the European Parliament and of the Council (4), |
| --- | --- |

—

having regard to the common fisheries policy (CFP) control regime, comprising Council Regulation (EC) No 1224/2009 (2) and (EC) No 1005/2008 (3), and Regulation (EU) 2017/2403 of the European Parliament and of the Council (4),

| — | having regard to Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (5), |
| --- | --- |

—

having regard to Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (5),

| — | having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (6), |
| --- | --- |

—

having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (6),

| — | having regard to Regulation (EU) No 1026/2012 of the European Parliament and of the Council of 25 October 2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing (7), |
| --- | --- |

—

having regard to Regulation (EU) No 1026/2012 of the European Parliament and of the Council of 25 October 2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing (7),

| — | having regard to European Court of Auditors (ECA) Special Report No 19/2017 of December 2017 entitled ‘Import procedures: shortcomings in the legal framework and an ineffective implementation impact the financial interests of the EU’, |
| --- | --- |

—

having regard to European Court of Auditors (ECA) Special Report No 19/2017 of December 2017 entitled ‘Import procedures: shortcomings in the legal framework and an ineffective implementation impact the financial interests of the EU’,

| — | having regard to its resolution of 27 April 2017 on the management of the fishing fleets in the Outermost Regions (8), |
| --- | --- |

—

having regard to its resolution of 27 April 2017 on the management of the fishing fleets in the Outermost Regions (8),

| — | having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

| — | having regard to the report of the Committee on Fisheries (A8-0156/2018), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A8-0156/2018),

| A. | whereas the EU is the world’s largest market for fisheries and aquaculture products, absorbing 24 % of total global imports in 2016, and is dependent on imports for over 60 % of its consumption of such products; |
| --- | --- |

A.

whereas the EU is the world’s largest market for fisheries and aquaculture products, absorbing 24 % of total global imports in 2016, and is dependent on imports for over 60 % of its consumption of such products;

| B. | whereas in its resolution of 8 July 2010 on the arrangements for importing fishery and aquaculture products into the EU (9), Parliament emphasised that one of the key aims of EU policy on fishery and aquaculture imports must be to ensure that imported products meet the same requirements that apply to EU production in every respect, and that EU efforts to make fishing sustainable were incompatible with importing products from countries that fish with no concern for sustainability; |
| --- | --- |

B.

whereas in its resolution of 8 July 2010 on the arrangements for importing fishery and aquaculture products into the EU (9), Parliament emphasised that one of the key aims of EU policy on fishery and aquaculture imports must be to ensure that imported products meet the same requirements that apply to EU production in every respect, and that EU efforts to make fishing sustainable were incompatible with importing products from countries that fish with no concern for sustainability;

| C. | whereas the Commission communication of 14 October 2015 entitled ‘Trade for all: Towards a more responsible trade and investment policy’ (COM(2015)0497) commits the EU to a more responsible trade policy as an instrument for the implementation of the Sustainable Development Goals; |
| --- | --- |

C.

whereas the Commission communication of 14 October 2015 entitled ‘Trade for all: Towards a more responsible trade and investment policy’ (COM(2015)0497) commits the EU to a more responsible trade policy as an instrument for the implementation of the Sustainable Development Goals;

| D. | whereas verifying that fish from EU producers meets EU sanitary standards is the responsibility of Member States, while for imported fish the Commission authorises third countries to identify establishments allowed to export fish products to the EU, provided that they can guarantee equivalent standards; |
| --- | --- |

D.

whereas verifying that fish from EU producers meets EU sanitary standards is the responsibility of Member States, while for imported fish the Commission authorises third countries to identify establishments allowed to export fish products to the EU, provided that they can guarantee equivalent standards;

| E. | whereas the outermost regions of the EU, in the Caribbean, the Indian Ocean and the Atlantic Ocean, neighbour third countries whose fishing, production and marketing conditions do not always meet European standards, resulting in unfair trade vis-à-vis local production; |
| --- | --- |

E.

whereas the outermost regions of the EU, in the Caribbean, the Indian Ocean and the Atlantic Ocean, neighbour third countries whose fishing, production and marketing conditions do not always meet European standards, resulting in unfair trade vis-à-vis local production;

| F. | whereas there are numerous international instruments concerning fishers which should be ratified and implemented, such as International Labour Organisation Convention No 188 on work in fishing (ILO C188), the International Maritime Organisation (IMO) Cape Town Agreement of 2012 and the IMO International Convention on Standards in Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F); |
| --- | --- |

F.

whereas there are numerous international instruments concerning fishers which should be ratified and implemented, such as International Labour Organisation Convention No 188 on work in fishing (ILO C188), the International Maritime Organisation (IMO) Cape Town Agreement of 2012 and the IMO International Convention on Standards in Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F);

| G. | whereas the conclusions of Scientific Opinion No 3/2017 of 29 November 2017 entitled ‘Food from the Oceans’ recommend the integration of the Sustainable Development Goals into all Union policies and the application of the same approach in other international arenas and in supporting other regions of the world, so as to find a balance between economic and ecological objectives that involve the production of food and the marine environment; |
| --- | --- |

G.

whereas the conclusions of Scientific Opinion No 3/2017 of 29 November 2017 entitled ‘Food from the Oceans’ recommend the integration of the Sustainable Development Goals into all Union policies and the application of the same approach in other international arenas and in supporting other regions of the world, so as to find a balance between economic and ecological objectives that involve the production of food and the marine environment;

| 1. | Notes that in order to place fishery and aquaculture products on the market, EU operators must comply with a wide range of regulations and meet strict criteria, including the rules of the CFP and sanitary, labour, vessel safety and environmental standards, all of which are underpinned by regimes to ensure compliance; is convinced that these combine to create high standards concerning the quality and sustainability of the product that EU consumers have legitimately come to expect; |
| --- | --- |

1.

| 2. | Considers that compliance of fisheries and aquaculture products from third countries with EU standards relating to environmental and social sustainability would promote sustainability in those third countries and help create fairer competition between EU products and products from third countries; |
| --- | --- |

2.

| 3. | Is concerned that imports of such products are subject to fewer controls, the primary controls being sanitary standards and the Illegal, Unreported and Unregulated Fishing (IUU) Regulation (10), the latter having been designed solely to ensure that the product was caught in compliance with the applicable rules; |
| --- | --- |

3.

| 4. | Stresses that in order to ensure equitable treatment of imported and European fishery and aquaculture products, which should be a key aim of EU fisheries policy, the EU should require all imported products to comply with EU conservation and management standards, as well as the hygiene requirements imposed by EU legislation; notes that this would help to create fairer competition and raise standards for the exploitation of marine resources in third countries; |
| --- | --- |

4.

| 5. | Considers that EU efforts to conserve fish stocks and make fishing sustainable, pursued through the CFP, are incompatible with importing fishery and aquaculture products from countries that are stepping up their fishing efforts without concern for sustainability and are only interested in short-term profitability; |
| --- | --- |

5.

| 6. | Expresses concern that different rules for placing fish on the market create a discriminatory market that adversely affects EU fishers and fish farmers, for which reason controls on fishery and aquaculture products should be increased and improved; |
| --- | --- |

6.

| 7. | Considers that the application of the Control Regulation (11) should be enhanced in all Member States, so that it is applied in a homogeneous and harmonised manner at all stages of the supply chain, including retail and restaurant services, and to both EU and imported products; notes that this also applies to labelling provisions; |
| --- | --- |

7.

Sanitary standards

| 8. | Is concerned that the system imposed by the Union and employed by the competent third-country authorities for the verification of sanitary criteria for fishery products exported to the EU does not provide sufficient guarantees that these criteria are always respected; |
| --- | --- |

8.

| 9. | Calls on the Commission to provide more training, technical assistance and facilities for institutional capacity building to help developing countries comply with EU rules; encourages initiatives such as the Better Training for Safer Food programme, run by the Directorate-General for Health and Food Safety (DG SANTE), which provides training sessions for official control staff from developing countries on EU standards for fishery and aquaculture products; |
| --- | --- |

9.

| 10. | Emphasises the importance of rigorously applying all aspects of EU law related to health standards and inspections (including food safety, traceability and prevention), which are crucial aspects for consumer protection, to fishery and aquaculture imports, including feedstuffs and feed materials; urges the Commission, in this respect, to enhance its programme of third country inspections by fine-tuning Food and Veterinary Office missions, primarily by increasing the number of establishments inspected on each mission, in order to obtain results that better reflect the real situation in third countries; |
| --- | --- |

10.

| 11. | Notes that even the audits carried out by DG SANTE show that some third countries are falling far short of ensuring that products meet the necessary health standards, at least as concerns fishing and factory vessels and reefers, which hampers the sanitary controls carried out at EU border inspection posts to check that the legal sanitary requirements are met; |
| --- | --- |

11.

| 12. | Is alarmed by observations that non-EU fishing vessels operating off West Africa experience difficulties in ensuring the traceability of products and respect for sanitary standards; believes that the veracity of certificates issued by third countries for vessels and establishments authorised to export to the EU cannot be fully relied upon; |
| --- | --- |

12.

| 13. | Believes that allowing third countries to delegate to other selected third countries the right to award such certificates, even to a coastal State, is contrary to the concept of flag State responsibility which underpins the CFP, including the IUU Regulation, in particular the responsibilities of the flag State that validates the catch certificate; considers that the Commission should discontinue the practice of allowing third countries to delegate such authority to other countries; |
| --- | --- |

13.

| 14. | Believes, in addition, that a sanitary inspection of fishing vessels should be carried out by the competent authorities at least once per year; |
| --- | --- |

14.

Labour rights

| 15. | Contrasts the commendable record of the Member States in ratifying labour conventions relating to seafarers with their exceedingly poor record in ratifying conventions relating to fishers, and urges them to ratify the relevant instruments promptly, including ILO C188, the Cape Town Agreement and the STCW-F; |
| --- | --- |

15.

| 16. | Congratulates the social partners on their success in the use of Article 155 of the Treaty on the Functioning of the European Union (TFEU) to negotiate Council Directive (EU) 2017/159 (12), which partially implements ILO C188, while regretting that this does not cover self-employed fishers; urges the Commission to complete the process by putting forward a proposal for a complementary directive that includes enforcement provisions, as it has done for shipping; |
| --- | --- |

16.

| 17. | Urges the Commission, in this connection, to initiate procedures for the use of Article 155 TFEU with respect to the STCW-F in order to improve safety at sea in fishing, which is widely recognised to be among the most dangerous professions in the world; |
| --- | --- |

17.

| 18. | Supports the continuing efforts to improve EU fisheries policy in order to make it more environmentally sustainable, ensuring the long-term survival of coastal communities and a nutritious source of food; contrasts this with the increasing openness of the EU market to fishery products from third countries whose management regimes are not as strict; considers this to constitute a lack of coherence between fisheries policy and trade policy; |
| --- | --- |

18.

Trade policy

| 19. | Regrets that conflicting signals are sometimes sent by the Commission to third countries, such as in negotiating free trade agreements (FTAs) with or otherwise expanding access to the EU market to countries that have been pre-identified under the IUU Regulation or the Non-Sustainable Fishing Regulation (13); |
| --- | --- |

19.

| 20. | Calls on the Commission to ensure close coordination between the Union’s trade and fisheries policies, including in the negotiation of trade agreements involving matters related to fisheries; considers it essential to analyse the economic and social impact of FTAs on EU fishery products, institute appropriate safeguarding measures where necessary and treat certain fishery products as sensitive; |
| --- | --- |

20.

| 21. | Considers that the EU, as the world’s largest importer of fishery products, shares political responsibility with other major fish-importing countries for ensuring that the World Trade Organisation (WTO) trade rules are in line with the highest possible global standards of fisheries management and conservation; calls, to this end, on the Commission to ensure that fair, transparent and sustainable trade in fish is strengthened in the EU’s bilateral and multilateral trade agreements; |
| --- | --- |

21.

| 22. | Insists that FTAs and other multilateral agreements with trade provisions negotiated by the Commission include reinforced chapters on sustainable development that address specific fishery concerns and that:






  — | explicitly reinforce the requirements of the IUU Regulation and oblige the third country to initiate a procedure to prevent IUU fish from entering its market, in order to keep them from arriving in the EU indirectly; |
| --- | --- | --- |

22.

—

explicitly reinforce the requirements of the IUU Regulation and oblige the third country to initiate a procedure to prevent IUU fish from entering its market, in order to keep them from arriving in the EU indirectly;

| — | require the third country to ratify and implement effectively key international fishery instruments, such as the UN Convention on the Law of the Sea, the UN Fish Stocks Agreement, the UN Food and Agriculture Organisation (FAO) Port State Measures Agreement and the FAO Compliance Agreement, and to adhere to the standards of the relevant regional fisheries management organisations (RFMOs); |
| --- | --- |

—

require the third country to ratify and implement effectively key international fishery instruments, such as the UN Convention on the Law of the Sea, the UN Fish Stocks Agreement, the UN Food and Agriculture Organisation (FAO) Port State Measures Agreement and the FAO Compliance Agreement, and to adhere to the standards of the relevant regional fisheries management organisations (RFMOs);

| 23. | Calls for serious consideration to be given to the interests of the outermost regions when entering into sustainable fisheries partnership agreements or trade agreements with third countries, providing, if necessary, for the exclusion of sensitive products; |
| --- | --- |

23.

| 24. | Calls on the Commission, when drafting a post-Brexit agreement, to make the UK’s access to the EU market for fishery and aquaculture products dependent on EU vessels’ access to British waters and on the application of the CFP; |
| --- | --- |

24.

| 25. | Calls on the Commission to propose the amendment of the GSP Regulation (14) to include important fishery instruments, such as the UN Convention on the Law of the Sea, the UN Fish Stocks Agreement, the FAO Compliance Agreement and the FAO Port State Measures Agreement, among those that must be ratified and applied, and provisions to allow the suspension of GSP+ status in cases where the provisions of these instruments are not applied; |
| --- | --- |

25.

| 26. | Stresses that in order to rectify the shortcomings in the implementation of trade and sustainable development chapters in FTAs and to give force to these provisions, they should incorporate a binding dispute settlement mechanism (to include government-to-government consultations, a panel procedure, public access to documents and the consultation of civil society), complete with the possibility of applying sanctions in case of non-compliance with their international commitments; |
| --- | --- |

26.

| 27. | Expresses alarm at the weaknesses and loopholes in customs controls described in ECA Special Report No 19/2017 and urges the Commission and Member States to implement the recommendations contained therein as rapidly as possible; |
| --- | --- |

27.

| 28. | Notes that in addition to general non-financial disclosure obligations for large companies, additional requirements for increased due diligence responsibilities have been imposed on actors of all sizes (including SMEs) in two problematic sectors – timber and conflict minerals – to be applied all along the custody chain; considers that fishery products would benefit from similar obligations and urges the Commission to examine the feasibility of introducing due diligence requirements for these products; |
| --- | --- |

28.

Marketing standards

| 29. | Notes that while the provisions of Regulation (EU) No 1379/2013 on the common organisation of the markets in fishery and aquaculture products apply to all fishery and aquaculture products, those on labelling for consumers only apply to a relatively small group of products, excluding prepared, preserved or processed products; considers that consumer information should be improved for these products, too, with the inclusion of additional compulsory information on their labels; considers that the labelling of these products must be improved, in order to inform consumers and ensure that fishery and aquaculture products are traceable; |
| --- | --- |

29.

| 30. | Calls on the Commission to promote information campaigns on the sustainability efforts of EU fishers and fish farmers, emphasising the high qualitative and environmental standards required by EU legislation compared with those of third countries; |
| --- | --- |

30.

| 31. | Considers that strict compliance with the common fisheries policy and other EU legislation guarantees observance of high standards in the environmental, hygienic-sanitary and social fields by the EU fleet, and therefore urges the Commission to promptly examine the possibility of creating a label to identify the EU’s fishery products; |
| --- | --- |

31.

| 32. | Expresses its conviction that European consumers would often make different choices if they were better informed about the true nature of products on sale, their geographical origins, their quality and the conditions under which they have been produced or caught; |
| --- | --- |

32.

| 33. | Considers that compulsory information on fishery product labels should also include the flag State of the vessel that caught the product; |
| --- | --- |

33.

| 34. | Welcomes the Commission’s recent launch of an evaluation of marketing standards first adopted decades ago in order to determine what standards should be applied in the light of today’s marketing practices and the technologies available for product traceability; |
| --- | --- |

34.

Control regime

| 35. | Considers that the three regulations comprising the control regime constitute a balanced package and have led to significant improvements in fisheries management in the EU; |
| --- | --- |

35.

| 36. | Commends the Commission for the way in which it has enforced the IUU Regulation with respect to third countries, demonstrating that the EU can have a tremendous influence on global fisheries in its role as a responsible market State; urges the Commission to continue to pressure other market States to implement measures to prevent IUU-caught fish from entering their markets; |
| --- | --- |

36.

| 37. | Highlights the report recently published by civil society which analyses the flow of seafood imports into EU countries as from 2010, the year in which the IUU Regulation entered into force, and which shows how shortcomings in controls on imports from third countries to Member States and rules that are not uniform can enable non-compliant products to enter the EU market; calls, therefore, on the Member States and transit and destination countries to step up their coordination in order to ensure that catch certificates issued for fish imports are examined more carefully; considers it vital to adopt a harmonised and coordinated European computerised system that can facilitate fish import controls in the Member States; |
| --- | --- |

37.

| 38. | Believes that the Commission and some Member States have failed to implement strictly and enforce all three regulations, as recognised in documents produced by the Commission, the ECA and independent observers; |
| --- | --- |

38.

| 39. | Believes that in addition to applying the IUU Regulation, it is necessary to exercise stricter downstream controls over the marketing of such fish, notably by means of more rigorous audits of the Member States and of enterprises suspected of supplying products originating in illegal fishing; |
| --- | --- |

39.

| 40. | Asks the Commission to use all the tools available to it to ensure that all countries exporting fishery and aquaculture products to the EU apply rigorous policies to conserve stocks; encourages it to cooperate with these countries in all appropriate forums and in RFMOs in particular; |
| --- | --- |

40.

| 41. | Observes that failures in implementation have occurred in many aspects and include:






  — | uneven levels of sanctions and failure to implement the points system in different Member States; |
| --- | --- | --- |

41.

—

uneven levels of sanctions and failure to implement the points system in different Member States;

| — | sanctions that are not always sufficiently dissuasive, effective or proportionate to prevent the repetition of infringements; |
| --- | --- |

—

sanctions that are not always sufficiently dissuasive, effective or proportionate to prevent the repetition of infringements;

| — | unsatisfactory collection and exchange of data by and among Member States owing in particular to the lack of a common and compatible database; |
| --- | --- |

—

unsatisfactory collection and exchange of data by and among Member States owing in particular to the lack of a common and compatible database;

| — | poor traceability of fish, including as it crosses national borders; |
| --- | --- |

—

poor traceability of fish, including as it crosses national borders;

| — | poor control of weighing practices; |
| --- | --- |

—

poor control of weighing practices;

| — | significant differences in verification of imports and point of entry, including catch certificates; |
| --- | --- |

—

significant differences in verification of imports and point of entry, including catch certificates;

| — | lack of a clear and uniform definition of serious infringements across the Member States; |
| --- | --- |

—

lack of a clear and uniform definition of serious infringements across the Member States;

| 42. | Stresses the need to ensure that when an imported product is rejected in a port in one Member State it cannot enter the EU market through another port in another Member State; |
| --- | --- |

42.

| 43. | Agrees that certain provisions of the control regime regulations are open to interpretation and have hindered uniform implementation, but considers that with sufficient openness and political will, the Commission and the Member States could intensify their efforts to ensure a more harmonised implementation of existing legislation, such as through the use of guidelines and interpretations; |
| --- | --- |

43.

| 44. | Notes that this was the intention behind the Expert Group on Compliance with the obligations under the European Union fisheries control system, set up as part of the reform of the CFP as a venue for frank discussion in a non-judgmental manner on shortcomings among the players, and regrets that this is not how the group has developed so far; |
| --- | --- |

44.

| 45. | Considers that much more needs to be done to encourage full implementation of the control regime, including appropriate follow-up on infringements detected, better reporting by the Member States on actions taken and exchange of information among the Member States and with the Commission; |
| --- | --- |

45.

| 46. | Urges the Commission to use the full set of instruments at its disposal to encourage the Member States to implement the provisions of the control regime fully, including, where appropriate, by withholding funds from the European Maritime and Fisheries Fund; |
| --- | --- |

46.

| 47. | Reiterates the conclusion drawn in its resolution of 25 October 2016 on how to make fisheries controls in Europe uniform (15) that any revision of the Control Regulation or the IUU Regulation must be targeted and focused to deal only with those aspects that inhibit effective and even controls in every Member State of the Union; |
| --- | --- |

47.

| 48. | Calls for the powers of the European Fisheries Control Agency (EFCA) to be extended to cover checks on vessels covered by fisheries agreements, including on the basis of cooperation with the competent authorities of the signatory state, and for the EFCA to be given the resources it needs to do so; |
| --- | --- |

48.

| 49. | Strongly regrets the Commission’s decision to launch a major revision of the entire control regime without proper public consultations on either the implementation of the IUU Regulation, the mandate of the EFCA or the revision of the entire package, as required by the Better Regulation Guidelines; considers that a formal public consultation on all these elements, before putting forward a proposal for a revision, would enable all stakeholders to have sufficient input on the revision of this most critical pillar of the CFP; |
| --- | --- |

49.

| 50. | Insists strongly that revision must not lead to any weakening of the current measures, but rather should improve and strengthen the level playing field in fisheries controls, as the only possible way to guarantee the ‘common’ dimension of the common fisheries policy; |
| --- | --- |

50.

| 51. | Insists that the revised control regime must include, among its basic principles:






  — | EU-wide standards and norms concerning inspections at sea, in port and all along the custody chain; |
| --- | --- | --- |

51.

—

EU-wide standards and norms concerning inspections at sea, in port and all along the custody chain;

| — | full traceability of fish as it moves along the custody chain, from the vessel to the final point of sale; |
| --- | --- |

—

full traceability of fish as it moves along the custody chain, from the vessel to the final point of sale;

| — | complete data on catches by all operators, including vessels under 10 metres and recreational fishers; |
| --- | --- |

—

complete data on catches by all operators, including vessels under 10 metres and recreational fishers;

| — | common levels of sanctions in all Member States; |
| --- | --- |

—

common levels of sanctions in all Member States;

| — | a common definition of what constitutes an infraction; |
| --- | --- |

—

a common definition of what constitutes an infraction;

| — | a point system applied by all Member States in an equivalent manner; |
| --- | --- |

—

a point system applied by all Member States in an equivalent manner;

| — | sanctions that are sufficiently dissuasive, effective and proportionate; |
| --- | --- |

—

sanctions that are sufficiently dissuasive, effective and proportionate;

| — | a system accessible to the Commission and all Member States for the exchange of all information concerning infractions observed and legal and judicial follow-up; |
| --- | --- |

—

a system accessible to the Commission and all Member States for the exchange of all information concerning infractions observed and legal and judicial follow-up;

| — | full adoption of improvements in available technologies and the ability to adopt future technologies as they evolve without the need for a legislative amendment; |
| --- | --- |

—

full adoption of improvements in available technologies and the ability to adopt future technologies as they evolve without the need for a legislative amendment;

| — | unambiguous establishment of Commission and Member State responsibilities and, where applicable, regions within the Member States; |
| --- | --- |

—

unambiguous establishment of Commission and Member State responsibilities and, where applicable, regions within the Member States;

| — | no regionalisation of the Control Regulation; |
| --- | --- |

—

no regionalisation of the Control Regulation;

| 52. | Calls on the Commission to submit its proposal to amend the Control Regulation as soon as possible; |
| --- | --- |

52.

| 53. | Insists that the provisions and principles of the IUU Regulation must not be altered or weakened in any way, considering the enormous success of this regulation and its impact on fisheries around the world; |
| --- | --- |

53.

| 54. | Insists that the inclusion of third countries in the IUU Regulation processes of pre-identification, identification and listing must be without political interference of any kind and that the de-listing must be based strictly on the full achievement by the country concerned of the improvements considered necessary by the Commission; |
| --- | --- |

54.

| 55. | Considers that the role of the EFCA should be reinforced to enable its increased involvement in the application of the Control and IUU Regulations, including the verification and cross-checking of data along the chain of custody, the planning and coordination of inspections by the Commission and Member States, and the verification of catch certificates; |
| --- | --- |

55.

o

o o

| 56. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

56.

---

(1)  OJ L 354, 28.12.2013, p. 22.

(2)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

(3)  Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).

(4)  Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).

(5)  OJ L 354, 28.12.2013, p. 1.

(6)  OJ L 139, 30.4.2004, p. 206.

(7)  OJ L 316, 14.11.2012, p. 34.

(8)  Texts adopted, P8_TA(2017)0195.

(9)  OJ C 351 E, 2.12.2011, p. 119.

(10)  Council Regulation (EC) No 1005/2008.

(11)  Council Regulation (EC) No 1224/2009.

(12)  OJ L 25, 31.1.2017, p. 12.

(13)  Regulation (EU) No 1026/2012.

(14)  Regulation (EU) No 978/2012 (OJ L 303, 31.10.2012, p. 1).

(15)  Texts adopted, P8_TA(2016)0407.

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| 9.3.2020 | EN | Official Journal of the European Union | C 76/62 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/62

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P8_TA(2018)0224

The future of food and farming

European Parliament resolution of 30 May 2018 on the future of food and farming (2018/2037(INI))

(2020/C 76/09)

The European Parliament,

| — | having regard to the Commission communication of 29 November 2017 entitled ‘The Future of Food and Farming’ (COM(2017)0713), |
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—

having regard to the Commission communication of 29 November 2017 entitled ‘The Future of Food and Farming’ (COM(2017)0713),

| — | having regard to Articles 38 and 39 of the Treaty on the Functioning of the European Union (TFEU) establishing the common agricultural policy (CAP) and its objectives, |
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—

having regard to Articles 38 and 39 of the Treaty on the Functioning of the European Union (TFEU) establishing the common agricultural policy (CAP) and its objectives,

| — | having regard to Articles 40 and 42 TFEU establishing a common market organisation (CMO) in agricultural products and the extent to which rules on competition apply to production of and trade in agricultural products, |
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—

having regard to Articles 40 and 42 TFEU establishing a common market organisation (CMO) in agricultural products and the extent to which rules on competition apply to production of and trade in agricultural products,

| — | having regard to Article 13 TFEU, |
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—

having regard to Article 13 TFEU,

| — | having regard to Article 349 TFEU, which defines the statute of, and lays down the conditions of application of the Treaties to, the outermost regions, |
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—

having regard to Article 349 TFEU, which defines the statute of, and lays down the conditions of application of the Treaties to, the outermost regions,

| — | having regard to Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material (1) (‘omnibus regulation’), |
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—

having regard to Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material (1) (‘omnibus regulation’),

| — | having regard to Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes (2), |
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—

having regard to Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes (2),

| — | having regard to the Briefing Paper of the European Court of Auditors (ECA) on the Future of the CAP published on 19 March 2018, |
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—

having regard to the Briefing Paper of the European Court of Auditors (ECA) on the Future of the CAP published on 19 March 2018,

| — | having regard to Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (3) and to the Commission report of 10 October 2017 on Member State National Action Plans and on progress in the implementation of Directive 2009/128/EC on the sustainable use of pesticides (COM(2017)0587), |
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—

having regard to Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (3) and to the Commission report of 10 October 2017 on Member State National Action Plans and on progress in the implementation of Directive 2009/128/EC on the sustainable use of pesticides (COM(2017)0587),

| — | having regard to its decision of 6 February 2018 setting up a special committee on the Union’s authorisation procedure for pesticides, its responsibilities, numerical strength and term of office (4), |
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—

having regard to its decision of 6 February 2018 setting up a special committee on the Union’s authorisation procedure for pesticides, its responsibilities, numerical strength and term of office (4),

| — | having regard to the ECA Special reports No 16/2017 entitled ‘Rural Development Programming: less complexity and more focus on results needed’ and No 21/2017 entitled ‘Greening: a more complex income support scheme, not yet environmentally effective’, |
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—

having regard to the ECA Special reports No 16/2017 entitled ‘Rural Development Programming: less complexity and more focus on results needed’ and No 21/2017 entitled ‘Greening: a more complex income support scheme, not yet environmentally effective’,

| — | having regard to the Commission reflection paper of 28 June 2017 on the future of EU finances (COM(2017)0358), |
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—

having regard to the Commission reflection paper of 28 June 2017 on the future of EU finances (COM(2017)0358),

| — | having regard to the Commission communication of 14 February 2018 entitled ‘A new, modern Multiannual Financial Framework for a European Union that delivers efficiently on its priorities post-2020’ (COM(2018)0098), |
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—

having regard to the Commission communication of 14 February 2018 entitled ‘A new, modern Multiannual Financial Framework for a European Union that delivers efficiently on its priorities post-2020’ (COM(2018)0098),

| — | having regard to the Cork 2.0 Declaration 2016, ‘A Better Life in Rural Areas’, issued at the European Conference on Rural Development, |
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—

having regard to the Cork 2.0 Declaration 2016, ‘A Better Life in Rural Areas’, issued at the European Conference on Rural Development,

| — | having regard to its resolution of 3 May 2018 on the current situation and future prospects for the sheep and goat sectors in the EU (5), |
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—

having regard to its resolution of 3 May 2018 on the current situation and future prospects for the sheep and goat sectors in the EU (5),

| — | having regard to its resolution of 17 April 2018 on a European strategy for the promotion of protein crops – encouraging the production of protein and leguminous plants in the European agriculture sector (6), |
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—

having regard to its resolution of 17 April 2018 on a European strategy for the promotion of protein crops – encouraging the production of protein and leguminous plants in the European agriculture sector (6),

| — | having regard to its resolution of 14 March 2018 on the next MFF: Preparing the Parliament’s position on the MFF post-2020 (7), |
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—

having regard to its resolution of 14 March 2018 on the next MFF: Preparing the Parliament’s position on the MFF post-2020 (7),

| — | having regard to its resolution of 1 March 2018 on prospects and challenges for the EU apiculture sector (8), |
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—

having regard to its resolution of 1 March 2018 on prospects and challenges for the EU apiculture sector (8),

| — | having regard to its resolution of 27 April 2017 on the state of play of farmland concentration in the EU: how to facilitate the access to land for farmers (9), |
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—

having regard to its resolution of 27 April 2017 on the state of play of farmland concentration in the EU: how to facilitate the access to land for farmers (9),

| — | having regard to its resolution of 4 April 2017 on women and their roles in rural areas (10), |
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—

having regard to its resolution of 4 April 2017 on women and their roles in rural areas (10),

| — | having regard to its resolution of 14 December 2016 on CAP tools to reduce price volatility in agricultural markets (11), |
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—

having regard to its resolution of 14 December 2016 on CAP tools to reduce price volatility in agricultural markets (11),

| — | having regard to its resolution of 27 October 2016 on how the CAP can improve job creation in rural areas (12), |
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—

having regard to its resolution of 27 October 2016 on how the CAP can improve job creation in rural areas (12),

| — | having regard to its resolution of 7 June 2016 on enhancing innovation and economic development in future European farm management (13), |
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—

having regard to its resolution of 7 June 2016 on enhancing innovation and economic development in future European farm management (13),

| — | having regard to its resolution of 7 July 2015 on prospects for the EU dairy sector – review of the implementation of the Dairy Package (14), |
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—

having regard to its resolution of 7 July 2015 on prospects for the EU dairy sector – review of the implementation of the Dairy Package (14),

| — | having regard to the opinion of the European Economic and Social Committee on ‘A possible reshaping of the Common Agricultural Policy’ (15), |
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—

having regard to the opinion of the European Economic and Social Committee on ‘A possible reshaping of the Common Agricultural Policy’ (15),

| — | having regard to the opinion of the European Committee of the Regions entitled ‘The CAP after 2020’ (16), |
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—

having regard to the opinion of the European Committee of the Regions entitled ‘The CAP after 2020’ (16),

| — | having regard to the UN Sustainable Development Goals (SDGs), most of which are relevant to the CAP, |
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—

having regard to the UN Sustainable Development Goals (SDGs), most of which are relevant to the CAP,

| — | having regard to the report and conclusions from November 2016 of the Agricultural Markets Task Force entitled ‘Improving Market Outcomes – Enhancing the Position of Farmers in the Supply Chain’, |
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—

having regard to the report and conclusions from November 2016 of the Agricultural Markets Task Force entitled ‘Improving Market Outcomes – Enhancing the Position of Farmers in the Supply Chain’,

| — | having regard to the Paris Agreement at the 2015 UN Climate Change Conference (COP21), and notably the commitments undertaken by the European Union as ‘nationally determined contributions’ (NDCs) in order to achieve the agreement’s worldwide goals, |
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—

having regard to the Paris Agreement at the 2015 UN Climate Change Conference (COP21), and notably the commitments undertaken by the European Union as ‘nationally determined contributions’ (NDCs) in order to achieve the agreement’s worldwide goals,

| — | having regard to the Commission report of 15 December 2016 on the implementation of the scheme of specific measures for agriculture in favour of the outermost regions of the Union (POSEI) (COM(2016)0797), |
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—

having regard to the Commission report of 15 December 2016 on the implementation of the scheme of specific measures for agriculture in favour of the outermost regions of the Union (POSEI) (COM(2016)0797),

| — | having regard to the Environmental Implementation Review (EIR) announced in 2016 (COM(2016)0316), which is a tool to help deliver the benefits of EU environmental law and policies for businesses and citizens through better implementation, |
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—

having regard to the Environmental Implementation Review (EIR) announced in 2016 (COM(2016)0316), which is a tool to help deliver the benefits of EU environmental law and policies for businesses and citizens through better implementation,

| — | having regard to the letter from the Committee on Budgetary Control, |
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—

having regard to the letter from the Committee on Budgetary Control,

| — | having regard to Rule 52 of its Rules of Procedure, |
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—

having regard to Rule 52 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development, and to the opinions of the Committee on Development, the Committee on International Trade, the Committee on Budgets and the Committee on the Environment, Public Health and Food Safety (A8-0178/2018), |
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—

having regard to the report of the Committee on Agriculture and Rural Development, and to the opinions of the Committee on Development, the Committee on International Trade, the Committee on Budgets and the Committee on the Environment, Public Health and Food Safety (A8-0178/2018),

| A. | whereas the Commission communication on The Future of Food and Farming acknowledges that the common agricultural policy (CAP) is one of the oldest and most integrated policies in the EU and of global strategic importance, and should be designed to enable the EU farming and forestry sector to respond to justified citizens’ demands regarding not only food security, safety, quality and sustainability, but also environmental care, biodiversity and natural resources protection, climate change action, rural development, health and high animal welfare standards, and employment; |
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A.

whereas the Commission communication on The Future of Food and Farming acknowledges that the common agricultural policy (CAP) is one of the oldest and most integrated policies in the EU and of global strategic importance, and should be designed to enable the EU farming and forestry sector to respond to justified citizens’ demands regarding not only food security, safety, quality and sustainability, but also environmental care, biodiversity and natural resources protection, climate change action, rural development, health and high animal welfare standards, and employment;

| B. | whereas the fact is that the CAP must now be reformed so that it more satisfactorily meets the needs both of those at whom it is primarily addressed – farmers – and of citizens as a whole; |
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B.

whereas the fact is that the CAP must now be reformed so that it more satisfactorily meets the needs both of those at whom it is primarily addressed – farmers – and of citizens as a whole;

| C. | whereas the CAP is of paramount importance across Europe for around 12 million agricultural holdings; |
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C.

whereas the CAP is of paramount importance across Europe for around 12 million agricultural holdings;

| D. | whereas farmland makes up 47 % of European territory and there are 22 million farmers and agricultural workers in the EU; |
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D.

whereas farmland makes up 47 % of European territory and there are 22 million farmers and agricultural workers in the EU;

| E. | whereas the goals of the CAP should be to ensure food safety and sovereignty, and the resilience and sustainability of the EU’s agricultural systems and territories; |
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E.

whereas the goals of the CAP should be to ensure food safety and sovereignty, and the resilience and sustainability of the EU’s agricultural systems and territories;

| F. | whereas the EU’s overarching objective of a multifunctional and diversified agriculture and forestry sector that creates jobs, is fair, is driven by sustainable agricultural practices and enables the preservation of viable small and family farms which can be acquired and handed down from generation to generation, remains key to delivering the positive externalities and public goods that European citizens demand (food and non-food products and services); |
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F.

whereas the EU’s overarching objective of a multifunctional and diversified agriculture and forestry sector that creates jobs, is fair, is driven by sustainable agricultural practices and enables the preservation of viable small and family farms which can be acquired and handed down from generation to generation, remains key to delivering the positive externalities and public goods that European citizens demand (food and non-food products and services);

| G. | whereas it is vital to halt and reverse the current concentration of power in the hands of the large retail sector and big business; |
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G.

whereas it is vital to halt and reverse the current concentration of power in the hands of the large retail sector and big business;

| H. | whereas changes to the current CAP must be based on strategic aims to strengthen competitiveness and ensure sound and safe food; |
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H.

whereas changes to the current CAP must be based on strategic aims to strengthen competitiveness and ensure sound and safe food;

| I. | whereas for more than 25 years the CAP has undergone regular reform dictated by the opening-up of European agriculture to international markets and by the emergence of new challenges in areas such as the environment and climate change; whereas another step is now necessary in this continuous process of adjustment in order to simplify, modernise and reorientate the CAP so that it secures farmers’ incomes and more effectively meets the expectations of society as a whole, in particular as regards food quality and security, climate change, public health and employment, while ensuring policy certainty and financial security for the sector, in order to achieve sustainable rural areas, tackle food security and ensure that European climate and environmental targets are met, as well as to increase EU added value; |
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I.

whereas for more than 25 years the CAP has undergone regular reform dictated by the opening-up of European agriculture to international markets and by the emergence of new challenges in areas such as the environment and climate change; whereas another step is now necessary in this continuous process of adjustment in order to simplify, modernise and reorientate the CAP so that it secures farmers’ incomes and more effectively meets the expectations of society as a whole, in particular as regards food quality and security, climate change, public health and employment, while ensuring policy certainty and financial security for the sector, in order to achieve sustainable rural areas, tackle food security and ensure that European climate and environmental targets are met, as well as to increase EU added value;

| J. | whereas although the Commission has entitled its communication on the ongoing reform of the CAP ‘The Future of Food and Farming’, it has given no guarantee that the CAP budget will be maintained, and whereas it is essential that this be addressed before the forthcoming legislative proposals are presented; whereas these must ensure that there is no renationalisation of the CAP, that the proper functioning of the single market is not impaired and that there is genuine simplification for beneficiaries, not only at EU level but also at Member State, regional, local and farm level, as well as flexibility and legal security for farmers and forest owners, while ensuring ambitious environmental goals and that the targets of the new CAP are fulfilled without adding new constraints on Member States and thus a new layer of complexity which would lead to delays in the implementation of national strategies; |
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J.

whereas although the Commission has entitled its communication on the ongoing reform of the CAP ‘The Future of Food and Farming’, it has given no guarantee that the CAP budget will be maintained, and whereas it is essential that this be addressed before the forthcoming legislative proposals are presented; whereas these must ensure that there is no renationalisation of the CAP, that the proper functioning of the single market is not impaired and that there is genuine simplification for beneficiaries, not only at EU level but also at Member State, regional, local and farm level, as well as flexibility and legal security for farmers and forest owners, while ensuring ambitious environmental goals and that the targets of the new CAP are fulfilled without adding new constraints on Member States and thus a new layer of complexity which would lead to delays in the implementation of national strategies;

| K. | whereas a new delivery model should ensure a direct relationship between the EU and European farmers; |
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K.

whereas a new delivery model should ensure a direct relationship between the EU and European farmers;

| L. | whereas the CAP must play an important role in strengthening the long-term productivity and competitiveness of the sector and avoiding stagnation and volatility of farm incomes, which, despite the concentration and intensification of production and increasing productivity, are on average still lower than in the rest of the economy; |
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L.

whereas the CAP must play an important role in strengthening the long-term productivity and competitiveness of the sector and avoiding stagnation and volatility of farm incomes, which, despite the concentration and intensification of production and increasing productivity, are on average still lower than in the rest of the economy;

| M. | whereas direct payments provide the first substantial layer of stability and a safety net for farm incomes, as they represent a tangible portion of annual farming incomes, and even as much as 100 % of farm revenues in certain regions; whereas these payments should be continued in order to help farmers compete on a level playing field with third countries; |
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M.

whereas direct payments provide the first substantial layer of stability and a safety net for farm incomes, as they represent a tangible portion of annual farming incomes, and even as much as 100 % of farm revenues in certain regions; whereas these payments should be continued in order to help farmers compete on a level playing field with third countries;

| N. | whereas new rural value chains in the bioeconomy can offer good growth and job potential for rural areas; |
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N.

whereas new rural value chains in the bioeconomy can offer good growth and job potential for rural areas;

| O. | whereas direct payments must be more targeted to farmers, as they are the people who contribute to the stability and the future of our rural regions and who face economic market risks; |
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O.

whereas direct payments must be more targeted to farmers, as they are the people who contribute to the stability and the future of our rural regions and who face economic market risks;

| P. | whereas over the last few years farmers have been confronted with increasing price volatility, which has reflected price fluctuations on global markets and uncertainty caused by macroeconomic developments, external policies such as trade, political and diplomatic issues, sanitary crises, excess quantities in certain European sectors, climate change and more frequent extreme weather events in the EU; |
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P.

whereas over the last few years farmers have been confronted with increasing price volatility, which has reflected price fluctuations on global markets and uncertainty caused by macroeconomic developments, external policies such as trade, political and diplomatic issues, sanitary crises, excess quantities in certain European sectors, climate change and more frequent extreme weather events in the EU;

| Q. | whereas specific tools for Mediterranean sectors should remain in Pillar I; |
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Q.

whereas specific tools for Mediterranean sectors should remain in Pillar I;

| R. | whereas it is essential to provide flexible and responsive tools to help sensitive and strategic sectors cope with structural changes, such as the potential impacts of Brexit or of approved bilateral trade agreements with the EU’s main partners; |
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R.

whereas it is essential to provide flexible and responsive tools to help sensitive and strategic sectors cope with structural changes, such as the potential impacts of Brexit or of approved bilateral trade agreements with the EU’s main partners;

| S. | whereas sectoral strategies for fruits and vegetables, and wine and apiculture should remain compulsory for the producing countries, and the specificities of the related tools and rules should be retained; |
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S.

whereas sectoral strategies for fruits and vegetables, and wine and apiculture should remain compulsory for the producing countries, and the specificities of the related tools and rules should be retained;

| T. | whereas it is essential to ensure a level playing field, fair prices and a fair standard of living for all farmers across regions and all EU Member States, thereby ensuring affordable prices for citizens and consumers and that there is agricultural activity in all parts of the Union including in areas with natural constraints; whereas it is essential to promote consumption of and access to high-quality food and healthy and sustainable diets, while delivering on the commitments for social and environmental sustainability, climate action, health, animal and plant health and welfare and the balanced development of rural areas; |
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T.

whereas it is essential to ensure a level playing field, fair prices and a fair standard of living for all farmers across regions and all EU Member States, thereby ensuring affordable prices for citizens and consumers and that there is agricultural activity in all parts of the Union including in areas with natural constraints; whereas it is essential to promote consumption of and access to high-quality food and healthy and sustainable diets, while delivering on the commitments for social and environmental sustainability, climate action, health, animal and plant health and welfare and the balanced development of rural areas;

| U. | whereas water and agriculture are intrinsically linked, and the sustainable management of water in the agricultural sector is essential to guarantee good quality and sufficient food production and to ensure the preservation of water resources; |
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U.

whereas water and agriculture are intrinsically linked, and the sustainable management of water in the agricultural sector is essential to guarantee good quality and sufficient food production and to ensure the preservation of water resources;

| V. | whereas the CAP needs adequate tools to address the vulnerability of agriculture to climate change and at the same time to reduce the pressure on freshwater reserves exerted by the sector, which accounts for 50 % of freshwater use in the EU; |
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V.

whereas the CAP needs adequate tools to address the vulnerability of agriculture to climate change and at the same time to reduce the pressure on freshwater reserves exerted by the sector, which accounts for 50 % of freshwater use in the EU;

| W. | whereas there is a need for an updated, simpler and fairer system of payments, for greater equity and legitimacy; |
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W.

whereas there is a need for an updated, simpler and fairer system of payments, for greater equity and legitimacy;

| X. | whereas the current CAP lacks the necessary instruments to ensure decent incomes conducive to a dignified life for older farmers; |
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X.

whereas the current CAP lacks the necessary instruments to ensure decent incomes conducive to a dignified life for older farmers;

| Y. | whereas there are no adequate instruments to encourage the transfer of businesses from the older generation of farmers to the younger generation; |
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Y.

whereas there are no adequate instruments to encourage the transfer of businesses from the older generation of farmers to the younger generation;

| Z. | whereas according to the ECA briefing paper from March 2018 on the future of the CAP, in 2010, for every 100 farm managers above 55, there were 14 farm managers below 35, a figure which fell to 10,8 farm managers in 2013; whereas the average age of EU farmers increased from 49.2 to 51.4 years over the period 2004 to 2013; whereas the smallest farms are most often those of older farmers; |
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Z.

whereas according to the ECA briefing paper from March 2018 on the future of the CAP, in 2010, for every 100 farm managers above 55, there were 14 farm managers below 35, a figure which fell to 10,8 farm managers in 2013; whereas the average age of EU farmers increased from 49.2 to 51.4 years over the period 2004 to 2013; whereas the smallest farms are most often those of older farmers;

| AA. | whereas increasing global trade presents both opportunities and challenges, relating among other things to the environment, climate change, water protection, lack of agricultural land and land degradation, and thus requires an adjustment of the rules of international trade so as to allow the establishment of a common level playing field based on high standards and fair and sustainable conditions for the exchange of goods and services, as well as renewed and efficient trade defence mechanisms, in accordance with existing EU social, economic, environmental, health, sanitary, phytosanitary and animal welfare standards; |
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AA.

whereas increasing global trade presents both opportunities and challenges, relating among other things to the environment, climate change, water protection, lack of agricultural land and land degradation, and thus requires an adjustment of the rules of international trade so as to allow the establishment of a common level playing field based on high standards and fair and sustainable conditions for the exchange of goods and services, as well as renewed and efficient trade defence mechanisms, in accordance with existing EU social, economic, environmental, health, sanitary, phytosanitary and animal welfare standards;

| AB. | whereas these high standards need to be maintained and further promoted globally, particularly within the framework of the World Trade Organisation (WTO), preserving the interests of European producers and consumers by ensuring European standards in trade agreements for imports; |
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AB.

whereas these high standards need to be maintained and further promoted globally, particularly within the framework of the World Trade Organisation (WTO), preserving the interests of European producers and consumers by ensuring European standards in trade agreements for imports;

| AC. | whereas about 80 % of the required protein in the EU is imported from third countries and not nearly enough has been done so far to implement a protein strategy in the CAP; |
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AC.

whereas about 80 % of the required protein in the EU is imported from third countries and not nearly enough has been done so far to implement a protein strategy in the CAP;

| AD. | whereas, while the focus on research and development for both resource-saving product and process innovation is to be welcomed, more must be done to develop the research capacity and infrastructure necessary to translate the results of research into food and farming and sustainable agro-forestry practice, facilitated by adequate support, as well as to promote a multi-actor approach with farmers at its centre, supported by independent, transparent, sufficiently funded EU-wide agricultural extension services in all Member States and regions and by knowledge exchange and training services at Member State level; |
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AD.

whereas, while the focus on research and development for both resource-saving product and process innovation is to be welcomed, more must be done to develop the research capacity and infrastructure necessary to translate the results of research into food and farming and sustainable agro-forestry practice, facilitated by adequate support, as well as to promote a multi-actor approach with farmers at its centre, supported by independent, transparent, sufficiently funded EU-wide agricultural extension services in all Member States and regions and by knowledge exchange and training services at Member State level;

| AE. | whereas direct investment support should be better targeted to the dual demands of economic and environmental performance and consider the needs of the farms themselves; |
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AE.

whereas direct investment support should be better targeted to the dual demands of economic and environmental performance and consider the needs of the farms themselves;

| AF. | whereas the European Union has developed a series of space programmes (EGNOS and Galileo) and earth observation programmes (Copernicus), whose potential for monitoring the implementation of the CAP and the transition of European agriculture towards precision farming and towards the dual environmental and economic performance of holdings should be exploited to its maximum; |
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AF.

whereas the European Union has developed a series of space programmes (EGNOS and Galileo) and earth observation programmes (Copernicus), whose potential for monitoring the implementation of the CAP and the transition of European agriculture towards precision farming and towards the dual environmental and economic performance of holdings should be exploited to its maximum;

| AG. | whereas most bio-technology research is now located outside the EU, where it typically focuses on agro-economic issues not relevant to the EU sector, resulting in potential losses in investment and focus; |
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AG.

whereas most bio-technology research is now located outside the EU, where it typically focuses on agro-economic issues not relevant to the EU sector, resulting in potential losses in investment and focus;

| AH. | whereas based on recent experiences, taking advantage of and encouraging natural processes to boost yields and resilience is likely to lower production costs; |
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AH.

whereas based on recent experiences, taking advantage of and encouraging natural processes to boost yields and resilience is likely to lower production costs;

| AI. | whereas a competitive agriculture, food and forestry sector must continue to play a strong role in reaching the environmental care and climate objectives of the EU as set out in international agreements such as COP21 and the UN SDGs, with farmers being incentivised and remunerated for their contribution and assisted by a reduction in unnecessary regulatory and administrative burdens in the measures they undertake; |
| --- | --- |

AI.

whereas a competitive agriculture, food and forestry sector must continue to play a strong role in reaching the environmental care and climate objectives of the EU as set out in international agreements such as COP21 and the UN SDGs, with farmers being incentivised and remunerated for their contribution and assisted by a reduction in unnecessary regulatory and administrative burdens in the measures they undertake;

| AJ. | whereas the extent of the global average surface temperature increase projected to take place in the 21st century and its immediate consequences for climatic conditions necessitate an environmentally sustainable food system which guarantees safe and plentiful production, while not leaving the Union beholden to other markets; |
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AJ.

whereas the extent of the global average surface temperature increase projected to take place in the 21st century and its immediate consequences for climatic conditions necessitate an environmentally sustainable food system which guarantees safe and plentiful production, while not leaving the Union beholden to other markets;

| AK. | whereas it is important that the future CAP is coherent with the SDGs, the Paris Agreement and EU policies, particularly in the areas of sustainability, the environment, climate, public health and food; |
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AK.

whereas it is important that the future CAP is coherent with the SDGs, the Paris Agreement and EU policies, particularly in the areas of sustainability, the environment, climate, public health and food;

| AL. | whereas agriculture is one the sectors of the economy expected to contribute to the 2030 objective of reducing greenhouse gas emissions by 30 % compared to 2005 levels under the Effort Sharing Regulation; |
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AL.

whereas agriculture is one the sectors of the economy expected to contribute to the 2030 objective of reducing greenhouse gas emissions by 30 % compared to 2005 levels under the Effort Sharing Regulation;

| AM. | whereas small farmers account for about 40 % of EU farms, but receive only 8 % of CAP subsidies; |
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AM.

whereas small farmers account for about 40 % of EU farms, but receive only 8 % of CAP subsidies;

| AN. | whereas the 17 SDGs set new, clear objectives for the CAP post 2020; |
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AN.

whereas the 17 SDGs set new, clear objectives for the CAP post 2020;

| AO. | whereas the CAP has progressively integrated environmental objectives by ensuring that its rules are compatible with the environmental requirements laid down in EU legislation and that farmers comply with those requirements, and also promote sustainable farming practices that preserve the environment and biodiversity; |
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AO.

whereas the CAP has progressively integrated environmental objectives by ensuring that its rules are compatible with the environmental requirements laid down in EU legislation and that farmers comply with those requirements, and also promote sustainable farming practices that preserve the environment and biodiversity;

| AP. | whereas the consumption of saturated fats and red meat in the Union remains well above the recommended nutritional intake, and the food industry continues to make a substantial contribution to greenhouse gas and nitrogen emissions; |
| --- | --- |

AP.

whereas the consumption of saturated fats and red meat in the Union remains well above the recommended nutritional intake, and the food industry continues to make a substantial contribution to greenhouse gas and nitrogen emissions;

| AQ. | whereas closed production circles – production, processing and packing being carried out in the same region – keep the added value in the region in question and thus secure more jobs in the local area, and therefore demonstrate the potential to revive rural areas; |
| --- | --- |

AQ.

whereas closed production circles – production, processing and packing being carried out in the same region – keep the added value in the region in question and thus secure more jobs in the local area, and therefore demonstrate the potential to revive rural areas;

| AR. | whereas the CAP pursues inseparable economic and environmental objectives, and this twin-track approach must be preserved and even reinforced, in the context of the reform of Pillar I and the greening scheme, in favour of a transition towards a sustainable and efficient European agricultural model; |
| --- | --- |

AR.

whereas the CAP pursues inseparable economic and environmental objectives, and this twin-track approach must be preserved and even reinforced, in the context of the reform of Pillar I and the greening scheme, in favour of a transition towards a sustainable and efficient European agricultural model;

| AS. | whereas in the future CAP the European Union must strive for a significant limitation on the use of antibiotics in agriculture and in the food sector in order to strengthen sustainable farming; |
| --- | --- |

AS.

whereas in the future CAP the European Union must strive for a significant limitation on the use of antibiotics in agriculture and in the food sector in order to strengthen sustainable farming;

| AT. | whereas increasing the long-term resilience and sustainability of the agricultural systems and territories will benefit the EU as a whole; |
| --- | --- |

AT.

whereas increasing the long-term resilience and sustainability of the agricultural systems and territories will benefit the EU as a whole;

| AU. | whereas the ECA has underlined the fact that, due to greening requirements which often do little more than reflect current practices, the green payments introduced as part of the 2013 reform create added complexity and bureaucracy, are difficult to understand, and in the ECA’s view do not sufficiently enhance the CAP’s environmental and climate performance due to their design, which points are important to bear in mind when designing the new green architecture for the CAP; |
| --- | --- |

AU.

whereas the ECA has underlined the fact that, due to greening requirements which often do little more than reflect current practices, the green payments introduced as part of the 2013 reform create added complexity and bureaucracy, are difficult to understand, and in the ECA’s view do not sufficiently enhance the CAP’s environmental and climate performance due to their design, which points are important to bear in mind when designing the new green architecture for the CAP;

| AV. | whereas the ECA has identified significant shortcomings in the implementation of Pillar II, in particular the long approval process, as well as the complex and bureaucratic nature of the rural development programmes; |
| --- | --- |

AV.

whereas the ECA has identified significant shortcomings in the implementation of Pillar II, in particular the long approval process, as well as the complex and bureaucratic nature of the rural development programmes;

| AW. | whereas the evidence-based ‘Fitness Check’ meta-assessment of scientific studies found that greening measures did not significantly improve environmental performance, largely because those requirements were already being met; |
| --- | --- |

AW.

whereas the evidence-based ‘Fitness Check’ meta-assessment of scientific studies found that greening measures did not significantly improve environmental performance, largely because those requirements were already being met;

| AX. | whereas the objectives of the Cork 2.0 Declaration for a Better Life in Rural Areas concern vibrant rural areas, smart multi-functionality, biodiversity in and outside agriculture and forestry, rare animal breeds and conservation crops, as well as organic agriculture, support for less-favoured areas, and commitments in the context of Natura 2000; whereas the Declaration also highlights the importance of efforts to avert the depopulation of rural areas, and the role of women and young people in this process, as well as the need for better use of endogenous resources in rural areas through the implementation of integrated strategies and multi-sectoral approaches that strengthen the bottom-up approach and synergy between stakeholders, and which require investment in the viability of rural areas, preservation and better management of natural resources, climate action incentives, stimulation of knowledge and innovation, stepping-up of governance in rural areas, and simplification of rural development policy and its implementation; |
| --- | --- |

AX.

whereas the objectives of the Cork 2.0 Declaration for a Better Life in Rural Areas concern vibrant rural areas, smart multi-functionality, biodiversity in and outside agriculture and forestry, rare animal breeds and conservation crops, as well as organic agriculture, support for less-favoured areas, and commitments in the context of Natura 2000; whereas the Declaration also highlights the importance of efforts to avert the depopulation of rural areas, and the role of women and young people in this process, as well as the need for better use of endogenous resources in rural areas through the implementation of integrated strategies and multi-sectoral approaches that strengthen the bottom-up approach and synergy between stakeholders, and which require investment in the viability of rural areas, preservation and better management of natural resources, climate action incentives, stimulation of knowledge and innovation, stepping-up of governance in rural areas, and simplification of rural development policy and its implementation;

| AY. | whereas less beneficial areas, such as regions in which there is strong competition between urban development and agriculture, should be taken into account by the CAP for their additional restrictions on access to land, in order to maintain agriculture in those areas; |
| --- | --- |

AY.

whereas less beneficial areas, such as regions in which there is strong competition between urban development and agriculture, should be taken into account by the CAP for their additional restrictions on access to land, in order to maintain agriculture in those areas;

| AZ. | whereas less-favoured areas, such as mountainous and outermost regions, should continue to be compensated by the CAP for the extra costs associated with their specific constraints in order to maintain farming activity in such areas; |
| --- | --- |

AZ.

whereas less-favoured areas, such as mountainous and outermost regions, should continue to be compensated by the CAP for the extra costs associated with their specific constraints in order to maintain farming activity in such areas;

| BA. | whereas the CAP should give due recognition to the great environmental benefits provided by certain sectors, such as the sheep and goat sectors or protein crops; |
| --- | --- |

BA.

whereas the CAP should give due recognition to the great environmental benefits provided by certain sectors, such as the sheep and goat sectors or protein crops;

| BB. | whereas the beekeeping sector is vital for the EU and contributes significantly to society, both economically and environmentally; |
| --- | --- |

BB.

whereas the beekeeping sector is vital for the EU and contributes significantly to society, both economically and environmentally;

| BC. | whereas it is essential to further strengthen the position of farmers in the food supply chain and to ensure fair competition within the single market using fair and transparent rules that take into account the specific nature of agriculture in relations between production and other parts of the food supply chain, both upstream and downstream, and to provide incentives to prevent risk and crises effectively, including active management tools that are able to better match supply with demand and can be deployed at sector level and by public authorities, as pointed out in the report of the Agricultural Markets Task Force; whereas aspects outside the scope of the CAP affecting the competitiveness and a level playing field for farmers must also be properly considered and monitored; |
| --- | --- |

BC.

whereas it is essential to further strengthen the position of farmers in the food supply chain and to ensure fair competition within the single market using fair and transparent rules that take into account the specific nature of agriculture in relations between production and other parts of the food supply chain, both upstream and downstream, and to provide incentives to prevent risk and crises effectively, including active management tools that are able to better match supply with demand and can be deployed at sector level and by public authorities, as pointed out in the report of the Agricultural Markets Task Force; whereas aspects outside the scope of the CAP affecting the competitiveness and a level playing field for farmers must also be properly considered and monitored;

| BD. | whereas the new challenges regarding food security and autonomy for European agriculture within the EU’s political priorities, as stated in the Commission’s reflection paper on the future of EU finances, require the next multiannual financial framework (MFF) to increase or maintain the agricultural budget in constant euros to cover both existing and new challenges; |
| --- | --- |

BD.

whereas the new challenges regarding food security and autonomy for European agriculture within the EU’s political priorities, as stated in the Commission’s reflection paper on the future of EU finances, require the next multiannual financial framework (MFF) to increase or maintain the agricultural budget in constant euros to cover both existing and new challenges;

| BE. | whereas as farmers are expected by society to change their practices to become fully sustainable, they should be supported in this transition with public funds; |
| --- | --- |

BE.

whereas as farmers are expected by society to change their practices to become fully sustainable, they should be supported in this transition with public funds;

| BF. | whereas any changes to the current CAP must be introduced in such a way as to ensure stability for the sector and legal certainty and security of planning for farmers and forest owners, by means of adequate transition periods and measures; |
| --- | --- |

BF.

whereas any changes to the current CAP must be introduced in such a way as to ensure stability for the sector and legal certainty and security of planning for farmers and forest owners, by means of adequate transition periods and measures;

| BG. | whereas Parliament must play a comprehensive role in setting a clear policy framework to maintain common ambition at European level and democratic debate on the strategic issues which have an impact on the everyday lives of all citizens when it comes to the sustainable use of natural resources, including water, soil and air, the quality of our food, the financial stability of agricultural producers, food safety, health and the sustainable modernisation of agricultural and hygiene practices with the aim of establishing a societal contract at European level among producers and consumers; |
| --- | --- |

BG.

whereas Parliament must play a comprehensive role in setting a clear policy framework to maintain common ambition at European level and democratic debate on the strategic issues which have an impact on the everyday lives of all citizens when it comes to the sustainable use of natural resources, including water, soil and air, the quality of our food, the financial stability of agricultural producers, food safety, health and the sustainable modernisation of agricultural and hygiene practices with the aim of establishing a societal contract at European level among producers and consumers;

| BH. | whereas there is a need for a recast CAP to deliver at the level of what is at stake, there is an imperative to give the co-legislators the means to fully exercise their mission within a regulated time frame, and there are the uncertainties related to Brexit; |
| --- | --- |

BH.

whereas there is a need for a recast CAP to deliver at the level of what is at stake, there is an imperative to give the co-legislators the means to fully exercise their mission within a regulated time frame, and there are the uncertainties related to Brexit;

| BI. | whereas the future of food security in Europe must be ensured for both the UK and the EU 27, with the utmost efforts being made to minimise disruption to production and access to food for both parties; whereas all efforts must be made to ensure unitary alignment in environmental and food safety standards so as to ensure that both UK and EU citizens face no reduction in food quality and food safety; |
| --- | --- |

BI.

whereas the future of food security in Europe must be ensured for both the UK and the EU 27, with the utmost efforts being made to minimise disruption to production and access to food for both parties; whereas all efforts must be made to ensure unitary alignment in environmental and food safety standards so as to ensure that both UK and EU citizens face no reduction in food quality and food safety;

| BJ. | whereas one of the six key priorities for rural development in the EU is the restoration, preservation and enhancement of ecosystems related to agriculture and forestry, including in Natura 2000 areas; |
| --- | --- |

BJ.

whereas one of the six key priorities for rural development in the EU is the restoration, preservation and enhancement of ecosystems related to agriculture and forestry, including in Natura 2000 areas;

| BK. | whereas the EU is currently working on a protein strategy to promote self-sufficiency in protein crops; |
| --- | --- |

BK.

whereas the EU is currently working on a protein strategy to promote self-sufficiency in protein crops;

| BL. | whereas acute food insecurity affected 124 million people in 51 countries in 2017, which is 16 million more than in 2016; whereas the majority of those affected by food insecurity live in rural areas; |
| --- | --- |

BL.

whereas acute food insecurity affected 124 million people in 51 countries in 2017, which is 16 million more than in 2016; whereas the majority of those affected by food insecurity live in rural areas;

| BM. | whereas equality between women and men is a core objective of the EU and its Member States; whereas many of the roles played by women in rural areas help to maintain viable farm businesses and rural communities; whereas efforts to avert rural depopulation are linked to the opportunities for women and young people; whereas rural women still face numerous challenges, while agricultural and rural development policies do not sufficiently include a gender dimension; whereas, although the gender of direct payment or rural development beneficiaries is a not a reliable indicator of the impact of programmes, women as applicants or beneficiaries are under-represented; |
| --- | --- |

BM.

whereas equality between women and men is a core objective of the EU and its Member States; whereas many of the roles played by women in rural areas help to maintain viable farm businesses and rural communities; whereas efforts to avert rural depopulation are linked to the opportunities for women and young people; whereas rural women still face numerous challenges, while agricultural and rural development policies do not sufficiently include a gender dimension; whereas, although the gender of direct payment or rural development beneficiaries is a not a reliable indicator of the impact of programmes, women as applicants or beneficiaries are under-represented;

| BN. | whereas, in order to justify the CAP budget to European taxpayers, future funding must be linked both to the production of safe and high-quality food and to a clear societal added value as regards sustainable agriculture, ambitious environmental and climate performance, public and animal health and welfare standards, and other societal impacts of the CAP, in order to create a genuine level playing field within and outside the EU; |
| --- | --- |

BN.

whereas, in order to justify the CAP budget to European taxpayers, future funding must be linked both to the production of safe and high-quality food and to a clear societal added value as regards sustainable agriculture, ambitious environmental and climate performance, public and animal health and welfare standards, and other societal impacts of the CAP, in order to create a genuine level playing field within and outside the EU;

| BO. | whereas the Special Eurobarometer study No 442 on the attitudes of Europeans towards animal welfare indicates that 82 % of European citizens believe that the welfare of farm animals should be improved; |
| --- | --- |

BO.

whereas the Special Eurobarometer study No 442 on the attitudes of Europeans towards animal welfare indicates that 82 % of European citizens believe that the welfare of farm animals should be improved;

| BP. | whereas the use of pesticides, the degradation of biodiversity and changes in the agricultural environment may have a negative impact on the quantity of pollinators and variety of pollinator species; whereas the challenges faced by pollinators, both domesticated and wild, are significant and the effect on EU agriculture and food security could be detrimental given the dependency of the majority of EU production on pollinating services; whereas a public consultation under the EU Pollinators Initiative was launched in January 2018 to identify the best approach and necessary steps to tackle the decline of pollinators in the EU; |
| --- | --- |

BP.

whereas the use of pesticides, the degradation of biodiversity and changes in the agricultural environment may have a negative impact on the quantity of pollinators and variety of pollinator species; whereas the challenges faced by pollinators, both domesticated and wild, are significant and the effect on EU agriculture and food security could be detrimental given the dependency of the majority of EU production on pollinating services; whereas a public consultation under the EU Pollinators Initiative was launched in January 2018 to identify the best approach and necessary steps to tackle the decline of pollinators in the EU;

| BQ. | whereas there is a need to devise a specific measure within rural development – centred around the European Union’s eight principles of Integrated Pest Management (IPM) – in order to encourage a reduction in the use of serious pesticides and promote the uptake of non-chemical alternatives; |
| --- | --- |

BQ.

whereas there is a need to devise a specific measure within rural development – centred around the European Union’s eight principles of Integrated Pest Management (IPM) – in order to encourage a reduction in the use of serious pesticides and promote the uptake of non-chemical alternatives;

| BR. | whereas less-favoured areas, such as mountainous and outermost regions, should continue to be compensated by the CAP for the extra costs associated with their specific constraints in order to maintain farming activity in such areas; |
| --- | --- |

BR.

whereas less-favoured areas, such as mountainous and outermost regions, should continue to be compensated by the CAP for the extra costs associated with their specific constraints in order to maintain farming activity in such areas;

| BS. | whereas the application of the CAP framework in the outermost regions should fully explore the scope of Article 349 TFEU, since those areas are in a particularly disadvantaged position in terms of socio-economic development, with regard to aspects such as an ageing population and depopulation; whereas the POSEI is an effective tool intended for the development and strengthening of sector structuring which addresses the specific agricultural issues in the outermost regions; recalls that the Commission, in its report of 15 December 2016 to Parliament and the Council on the implementation of the POSEI, concluded that ‘taking into account the assessment of the scheme, a modification of basic Regulation (EU) No 228/2013 is not deemed necessary’; |
| --- | --- |

BS.

whereas the application of the CAP framework in the outermost regions should fully explore the scope of Article 349 TFEU, since those areas are in a particularly disadvantaged position in terms of socio-economic development, with regard to aspects such as an ageing population and depopulation; whereas the POSEI is an effective tool intended for the development and strengthening of sector structuring which addresses the specific agricultural issues in the outermost regions; recalls that the Commission, in its report of 15 December 2016 to Parliament and the Council on the implementation of the POSEI, concluded that ‘taking into account the assessment of the scheme, a modification of basic Regulation (EU) No 228/2013 is not deemed necessary’;

| BT. | whereas both forest management and agroforestry comprising an upper storey of woody vegetation over pasture or an agricultural crop, can contribute resilience at farm and landscape level and to required environmental and climate change mitigation actions, delivering forestry or agricultural products or other ecosystem services and thereby reinforcing the objectives of the CAP and allowing the circular and bio-economies to contribute to new business models benefiting farmers, foresters and rural areas; whereas the EU Forest Strategy promotes a coherent, holistic view of forest management and the multiple benefits of forests and addresses the whole forest value chain; stresses that the CAP plays a crucial role in its objectives, and pays special attention to the Mediterranean forests, which suffer more from climate change and fires, with biodiversity and potential agricultural production thus being put at risk; |
| --- | --- |

BT.

whereas both forest management and agroforestry comprising an upper storey of woody vegetation over pasture or an agricultural crop, can contribute resilience at farm and landscape level and to required environmental and climate change mitigation actions, delivering forestry or agricultural products or other ecosystem services and thereby reinforcing the objectives of the CAP and allowing the circular and bio-economies to contribute to new business models benefiting farmers, foresters and rural areas; whereas the EU Forest Strategy promotes a coherent, holistic view of forest management and the multiple benefits of forests and addresses the whole forest value chain; stresses that the CAP plays a crucial role in its objectives, and pays special attention to the Mediterranean forests, which suffer more from climate change and fires, with biodiversity and potential agricultural production thus being put at risk;

A new relationship between the European Union, the Member States, regions and farmers

| 1. | Welcomes the intention to simplify and modernise the CAP for the economic benefit of farmers and to meet citizens’ expectations, but emphasises that the overriding priorities of reform must be the principles set out in the Treaty of Rome, the integrity of the single market and a truly common policy, adequately financed by the EU, that is modern and result-orientated, supports sustainable agriculture, and ensures safe, high-quality and varied food, employment and development in rural areas; |
| --- | --- |

1.

| 2. | Notes the Commission communication on the Future of Food and Farming and welcomes the recognition that one of the CAP’s objectives shall be to enhance and ensure the sustainable management of natural resources and to contribute to the environmental and climate objectives of the EU; |
| --- | --- |

2.

| 3. | Calls for a CAP that pursues as its top priority the transition of each European farm towards an undertaking that combines both economic and environmental performance standards; |
| --- | --- |

3.

| 4. | Stresses the need for the CAP to maintain the essential relationship between EU legislators, farmers and citizens; rejects any possibility of renationalising the CAP, which would increase imbalances in competition within the single market; |
| --- | --- |

4.

| 5. | Draws attention to the very important role played by small and medium-sized farms, a role which must be acknowledged and valued; |
| --- | --- |

5.

| 6. | Points out that the flexibility that Member States currently enjoy regarding options set out in basic rules makes it possible to respond to specific situations but, at the same time, shows that parts of the CAP can no longer be considered as common; underlines the need to uphold the conditions of competition within the single market and to guarantee a level playing field as regards access to support for farmers in different Member States or in different regions, together with the need for adequate and efficient solutions to minimise any risk of distortion of competition or risks for cohesion; |
| --- | --- |

6.

| 7. | Considers that Member States should enjoy a reasonable level of flexibility within a strong common framework of EU rules, basic standards, intervention tools, controls and financial allocations agreed at EU level by the co-legislator, in order to guarantee a level playing field for farmers and, in particular, an EU approach for support under Pillar I, with a view to guaranteeing respect for the conditions of fair competition; |
| --- | --- |

7.

| 8. | Considers that, in order to make the implementation of the CAP more effective and better adapted to the realities of the different kinds of agriculture in Europe, national choices taken within the framework of the EU-defined toolbox available under Pillars I and II should be streamlined and Member States should design, with the involvement of all relevant stakeholders, their own coherent, evidence-based national strategies on the basis of EU objectives and indicators concerning the main types of possible intervention tools, which should also be defined at EU level, and their selection criteria, within a clear common framework of rules applicable across the EU, with due respect for the rules and principles of the single market; |
| --- | --- |

8.

| 9. | Emphasises that additional subsidiarity should only be granted on the condition that there is a strong, common set of EU rules, objectives, indicators and checks; |
| --- | --- |

9.

| 10. | Calls on the Commission to make the necessary adjustments in the next CAP in order to implement Parliament’s call not to use any agricultural subsidies for the breeding of bulls for bullfighting; |
| --- | --- |

10.

| 11. | Underlines the risks of gold-plating at national and regional level and the great degree of uncertainty for farmers owing to the possibility that Member States have to independently define their national plans and to review their decisions annually, depending on the positions taken by the governments in charge; calls on the Commission, therefore, to present to the co-legislators, together with its legislative proposals, a clear and simple model of a national strategic plan in order to enable the co-legislators to assess the scope, the degree of detail and the content of such plans, which are essential elements of the Commission’s forthcoming proposal, and to clarify the criteria against which these national strategies will be evaluated; |
| --- | --- |

11.

| 12. | Calls on the Commission to provide tools designed to increase the use of synergies between CAP and cohesion policy funding; |
| --- | --- |

12.

| 13. | Highlights the need for the future CAP to fully respect the distribution of powers within each Member State, often set out in their constitutions, particularly in terms of respecting the legal competences of the EU’s regions, when designing, managing and implementing policies, such as the EAFRD; stresses the need to ensure that farmers and other beneficiaries are duly involved throughout all stages of policy development; |
| --- | --- |

13.

| 14. | Welcomes the Commission’s efforts to establish programme design, implementation and control of a results-based approach in order to foster performance rather than compliance, while ensuring adequate, risk-based monitoring via clearly defined, simpler, less bureaucratic (including by the prevention of gold-plating), solid, transparent and measurable indicators at EU level, including appropriate controls of Member State measures and programme design, implementation and sanctions; considers it necessary to introduce basic uniform criteria for the setting of similar penalties for equivalent non-compliances detected in the implementation of the various measures used by the Member States or regions to achieve the common general objectives set by the EU; |
| --- | --- |

14.

| 15. | Stresses that a purely output-based approach would entail a risk for Member States, which, owing to their particular circumstances, might not be able to fully achieve all of the results set out in their national plans, and which may be subject to ex-post reductions of their national envelopes and suspensions of financing; |
| --- | --- |

15.

| 16. | Recognises that the new delivery model will require fine-tuning and amending over several years, so as to ensure that farmers are not penalised as a result of the change to an output-based model; |
| --- | --- |

16.

| 17. | Notes, however, that a potential delay in the adoption of CAP strategic plans may lead to late payments, a scenario which must be avoided; |
| --- | --- |

17.

| 18. | Notes that in Pillar I Member States can choose programmes from a priority catalogue established by the EU; |
| --- | --- |

18.

| 19. | Calls for the development of a system of appropriate institutional and legal adjustments that would be conducive to changing the implementation model in order to prevent additional costs from being incurred and to prevent the absorption of funds in the Member States from being reduced; |
| --- | --- |

19.

| 20. | Considers that the collection of information should rely on satellite images and integrated administration and control system databases rather than individual farmers’ data submissions; |
| --- | --- |

20.

| 21. | Calls on the Commission to develop relevant synergies between EU flagship programmes for space and the CAP, and especially with the Copernicus programme, which presents a specific interest for the farming community in terms of climate change and environment monitoring; |
| --- | --- |

21.

| 22. | Calls for measures that increase the recycling of nutrients; calls for the agricultural structural policy to be aligned with the environmental support scheme, for example by better combining crop and livestock farming; |
| --- | --- |

22.

| 23. | Requests that the simplified Small Farmers Scheme (SFS) be preserved; |
| --- | --- |

23.

| 24. | Believes that farmers with less than five hectares of land should have the opportunity to voluntarily step into the SFS; |
| --- | --- |

24.

| 25. | Calls on the Commission to carry out financial and performance control and audits with the aim of guaranteeing that functions are performed to the same high standards and in accordance with the same criteria across all Member States, irrespective of enhanced flexibility for Member States in programme design and management, and with a view, in particular, to ensuring a timely disbursement of funds across Member States to all eligible farmers and rural communities, while minimising the administrative burden for the beneficiaries; |
| --- | --- |

25.

| 26. | Recalls that in the previous reform, the definition of an ‘active farmer’ was difficult to agree; considers, therefore, that farm output (e.g. keeping land in a good agricultural state, implementing good animal husbandry, contributing to the circular economy) could be a better-targeted and quantifiable solution for such a definition; |
| --- | --- |

26.

| 27. | Rejects the 25 % cut in the rural development budget as outlined in the recent 2021-2027 MFF proposal of 2 May 2018; insists that any budget cuts in agriculture and rural development must not lead to a lowering of ambition compared to the current CAP; |
| --- | --- |

27.

| 28. | Considers that all actors involved in the process of controlling EU finances, including the ECA, must have the same understanding of the performance-based control system, lest the Member States or beneficiaries be faced with unexpected financial corrections; |
| --- | --- |

28.

| 29. | Stresses that farmers are entrepreneurs and as such should be granted the corresponding freedoms so that they can obtain fair market prices for their products; |
| --- | --- |

29.

| 30. | Stresses that part-time farmers and farmers drawing on mixed income must not be excluded; |
| --- | --- |

30.

| 31. | Welcomes the Commission’s proposal to grant greater flexibility to Member States, regions and farmers within the framework of a higher financial threshold for agricultural de minimis rules, while preserving the integrity of the internal market; |
| --- | --- |

31.

| 32. | Calls on the Commission, moreover, to provide Member States with greater flexibility within the framework of agricultural State aid rules in order to encourage farmers to set up voluntary precautionary savings with a view to coping better with the upsurge in climate-driven and health risks, as well as economic crises; |
| --- | --- |

32.

| 33. | Calls however for the public goods provided by micro- and small farm enterprises, including their participation in co-operative and community endeavours, to be fairly rewarded; |
| --- | --- |

33.

| 34. | Calls on the Member States to strive for better synergies between the CAP and other policies and funds such as the cohesion, structural and other investment funds, in order to create a multiplier effect for the rural areas; |
| --- | --- |

34.

| 35. | Calls for better policy coordination between the CAP and other EU policies and actions – in particular with Directive 2000/60/EC, Directive 91/676/EEC and Regulation (EC) No 1107/2009 – as a means to achieving the sustainable protection of water resources whose quantity and quality are negatively impacted by agriculture; calls for incentives to support local cooperation projects between farmers and water suppliers to enhance the protection of water resources; |
| --- | --- |

35.

| 36. | Notes that numerous villages and regions, despite their rural nature, remain for administrative reasons outside the scope of rural development programmes in some Member States, which puts them at a disadvantage; |
| --- | --- |

36.

| 37. | Calls on the Member States to consider more flexible approaches in order not to harm these regions and the producers therein; |
| --- | --- |

37.

A smart, efficient, sustainable and fair CAP – delivering for farmers, citizens, rural areas and the environment

| 38. | Considers it necessary to maintain the current two-pillared architecture and emphasises that the pillars must be coherent and complementary, with Pillar I financed entirely through EU funding and constituting an efficient means of support for income, for baseline environmental measures and for the continuation of existing market measures, and Pillar II meeting the specific needs of the Member States; considers it necessary at the same time, however, to incentivise farmers and other beneficiaries to carry out actions that deliver environmental and social public goods which are not remunerated by the market, and to respect both new and established practices in farming on the basis of common, uniform and objective criteria, while preserving the possibility for Member States to take specific approaches to reflect local and sectoral conditions; considers the transition of all European farms towards sustainability, and for all European farms to be fully integrated into the circular economy, combining economic with environmental performance standards and with no reduction in social or employment standards, to be a top priority; |
| --- | --- |

38.

| 39. | Reminds the Commission that the objectives of the CAP laid down in Article 39 TFEU are to increase agricultural productivity, to ensure a fair standard of living for the agricultural community, to stabilise markets, to assure the availability of supplies and to ensure that supplies reach consumers at reasonable prices; |
| --- | --- |

39.

| 40. | Underlines the potential of technological innovations for a smart and efficient sector which delivers on sustainability, particularly as regards the efficient use of resources, and the monitoring of crop and animal health and the environment; |
| --- | --- |

40.

| 41. | Calls for the CAP to facilitate and support the application of such innovations; |
| --- | --- |

41.

| 42. | Considers that the future CAP architecture can only deliver its objectives if sufficiently funded; calls, therefore, for the CAP budget to be increased or maintained in constant euros in the next MFF in order to achieve the ambitions of a revised and efficient CAP beyond 2020; |
| --- | --- |

42.

| 43. | Considers that further market liberalisation and the reduction of protections for farmers that it entails would necessitate compensation for the agricultural sector and, in particular, for those farms facing competitive disadvantages – notably difficulties relating to agricultural land use or to their being located in mountainous areas – and that only such compensatory measures can ensure extensive agricultural land management and the preservation of the cultural landscape; |
| --- | --- |

43.

| 44. | Stresses that the CAP budget should be adapted to future needs and challenges, such as those arising from the impacts of Brexit and free trade agreements adopted by the EU with its main trading partners; |
| --- | --- |

44.

| 45. | Points to the persistent disparities in development between rural areas in different regions and Member States and therefore considers that cohesion criteria should continue to play an important role in the distribution of second-pillar funds between Member States; |
| --- | --- |

45.

| 46. | Underlines the importance of allocating a strong budget to Pillar II (rural development policy), within the overall CAP budget; |
| --- | --- |

46.

| 47. | Considers that farmers need to be supported in the transition to full sustainability; |
| --- | --- |

47.

| 48. | Considers that the development of new EU policies and objectives must not be to the detriment of a successful CAP and its resources; |
| --- | --- |

48.

| 49. | Acknowledges the current uncertainty which exists around the future CAP budget; |
| --- | --- |

49.

| 50. | Emphasises that the resources of the CAP are taxpayers’ money from each Member State and that taxpayers throughout the EU have the right to be reassured that these funds are exclusively used in a targeted and transparent manner; |
| --- | --- |

50.

| 51. | Considers that new rural development lines which are not matched with extra funding should be avoided; |
| --- | --- |

51.

| 52. | Believes that more targeted support is necessary for diverse agricultural systems, especially small and medium family farms and young farmers, in order to strengthen regional economies through a productive agricultural sector in economic, environmental and social terms; considers that this can be achieved through a compulsory redistributive higher support rate for the first hectares of a holding, linked to the average size of a holding in the Members States, in view of the wide range of farm sizes across the EU; stresses that support for larger farms should be degressive, reflecting economies of scale, with mandatory capping to be decided at European level, and flexible criteria to take into account the capacity of farms and co-operatives to provide stable employment that keeps people in rural territories; believes that the funds made available by capping and degression should be retained in the Member State or region from which they derive; |
| --- | --- |

52.

| 53. | Believes that it is essential to ensure that support is targeted to genuine farmers, with a focus on those who are actively farming in order to earn their living; |
| --- | --- |

53.

| 54. | Deems it necessary to maintain a simplified scheme for small producers so as to facilitate their access to and management of CAP direct payments; |
| --- | --- |

54.

| 55. | Underlines the necessity of identifying the key elements of a well-balanced, transparent, simple and objective system of penalties and incentives, combined with a transparent and timely system for determining the eligibility of beneficiaries for receiving public money for the delivery of public goods, which should consist of simple, voluntary and mandatory measures and be results-oriented, thus shifting the emphasis from compliance to actual performance; |
| --- | --- |

55.

| 56. | Stresses that part-time farmers and people running farms with an income mix – which enliven the countryside in so many ways – engage in farming in order to earn a living and are genuine farmers, as defined in the Commission communication; |
| --- | --- |

56.

| 57. | Calls for the current system for calculating direct payments in Pillar I, particularly in Member States where the value of entitlements is still calculated partly on the basis of historic references, to be modernised and replaced by an EU payment calculation method, the basic component of which would be income support for farmers within certain limits and which could increase in step with the contribution to delivering public goods in accordance with the EU objectives and targets until 2030, in order to make the system simpler and more transparent; |
| --- | --- |

57.

| 58. | Welcomes the simple, justified, transparent and easy-to-implement Single Area Payment Scheme (SAPS), which has been successfully applied in many Member States; calls, therefore, for the SAPS to be retained beyond 2020 and suggests that it be used in any Member State or by any farmer in the EU; |
| --- | --- |

58.

| 59. | Emphasises that such a scheme would enable the administratively-complex system of payment entitlements to be replaced, resulting in a considerable reduction in red tape; |
| --- | --- |

59.

| 60. | Believes, with a view to ensuring their effectiveness in the long term, that these new payments should not become tradable commodities; |
| --- | --- |

60.

| 61. | Requests that the Commission examine the necessity of payment claims as regards compatibility with WTO rules; |
| --- | --- |

61.

| 62. | Underlines the fact that the public funds of the current CAP, which are spent on farmers’ actual activities, are subject to very precise and small-scale controls; |
| --- | --- |

62.

| 63. | Considers that payments should also include a strong common conditionality including environmental deliverables and other public goods such as quality jobs; |
| --- | --- |

63.

| 64. | Recalls that Parliament’s resolution on the ‘State of play of farmland concentration in the EU: how to facilitate the access to land for farmers’ recognises that land payments without clear conditionality lead to distortions of the land market, and thus influences the concentration of more and more agricultural land in few hands; |
| --- | --- |

64.

| 65. | Clarifies that public goods are those services which are above the statutory environmental, climate and animal welfare legislation, including in particular water conservation, biodiversity protection, soil fertility protection, protection of pollinators, the protection of the humus layer and animal welfare; |
| --- | --- |

65.

| 66. | Stresses the need for a fair distribution of direct payments between Member States, which is essential for the functioning of the single market, and which must take into account objective criteria such as the amounts received by Member States under Pillars I and II and the fact that natural conditions, employment and socio-economic circumstances, general living standards, production costs, especially land costs, and purchasing power are not the same throughout the EU; |
| --- | --- |

66.

| 67. | Stresses that an increased convergence of the amount of direct payments between Member States can only be achieved if the budget is adequately increased; |
| --- | --- |

67.

| 68. | Stresses that direct payments are there to support farmers in food production and the protection of environmental and animal welfare standards; |
| --- | --- |

68.

| 69. | Believes that, under the strict conditions that a level playing field in the single market can be guaranteed, that distortion of competition, especially with regard to commodities, is avoided, that consistency with WTO rules is ensured, and that the achievement of environmental and climate goals is not compromised, voluntary coupled support (VCS) payments should be maintained but only activated following an assessment by the Commission; believes that VCS serves as a tool to address the needs of sensitive sectors and specific objectives relating to the environment, climate or quality and the marketing of agricultural products, to incentivise farming practices meeting high animal welfare and environmental standards, to counteract specific difficulties, particularly those arising from the structural competitive disadvantage of less-favoured and mountainous regions, as well as difficulties which are more temporary in nature and arise from a shift away from the old entitlement scheme, for example; believes, furthermore, that VCS is also a tool to promote strategically important production, such as protein crops, in the future, or to compensate for the effects of free trade agreements; stresses, in addition, that VCS payments are important for maintaining the EU’s diversity of agricultural production, agricultural employment and sustainable production systems; |
| --- | --- |

69.

| 70. | Calls for payments from Pillar I, including coupled support, to be limited per hectare and beneficiary to the equivalent of twice the average of EU direct payments per hectare, in order to prevent distortion of competition; |
| --- | --- |

70.

| 71. | Recalls that ensuring generational renewal and new entrants is a challenge for farming in many Member States and that each national or regional strategy must therefore address this issue through a comprehensive approach, mobilising all financial resources of the CAP, including the additional payment for young farmers under Pillar I, and measures to help young farmers get set up under Pillar II, both of which should be made mandatory for the Member States, in addition to support from new financial instruments, such as a tool to grant access to capital in the context of limited resources; stresses, furthermore, the importance of national measures in removing regulatory and economic barriers while promoting succession planning, retirement packages and access to land, and facilitating and encouraging collaborative arrangements, such as partnerships, shared farming, contract rearing and leasing between old and young farmers; considers that State aid rules should also take into account the importance of generational renewal and prevent the demise of family farming; |
| --- | --- |

71.

| 72. | Believes that the new legislation needs to make a more clear-cut distinction between the criteria forming the basis of incentives for ‘young farmers’ and for ‘new entrants setting up in farming’ (young farmers being defined according to their age, and new entrants according to the number of years since their farms were established) in order to boost the potential for the two groups to bring about generational renewal and improve life in rural areas; |
| --- | --- |

72.

| 73. | Urges the Commission and the Member States to acknowledge that the new societal, technological and economic changes, such as clean energy, digitalisation, and smart solutions have impacts on rural life; |
| --- | --- |

73.

| 74. | Calls on the Commission to support efforts to improve the quality of life in rural areas so as to encourage people – and especially young people – to remain or return to rural areas, and urges both the Commission and the Member States to support the development of new services by entrepreneurs, chiefly by women and young people; |
| --- | --- |

74.

| 75. | Notes with concern that a lack of labour in several agricultural sectors is leading to the cessation of farming activities; calls for support to be provided in order to attract workers to agriculture; |
| --- | --- |

75.

| 76. | Stresses the need to share the successful Member State models which bring together young and old farmers for generational renewal objectives; |
| --- | --- |

76.

| 77. | Recommends that access to finance be improved through subsidised interest rates on loans for new entrants; |
| --- | --- |

77.

| 78. | Recalls that rural areas and settlements require special attention and integrated efforts to develop smart villages; |
| --- | --- |

78.

| 79. | Calls for improved cooperation with the EIB and the European Investment Fund (EIF) in order to foster the creation of financial instruments dedicated to young farmers across all Member States; |
| --- | --- |

79.

| 80. | Calls for a level playing field for special technological improvements for rural hubs and grids; |
| --- | --- |

80.

| 81. | Underlines the importance of rural development, including the LEADER initiative, for improving the synergies between different policies and for enhancing competitiveness, for promoting effective and sustainable economies, for supporting sustainable and multi-functional agriculture and forestry, and for producing food and non-food goods and services, which generate added value and jobs; stresses the importance of rural development in promoting partnerships between farmers, local communities and civil society and in fostering additional entrepreneurial activities and opportunities, which very often cannot be relocated, in agribusiness, agri-tourism, direct marketing, community-supported agriculture, the bio-economy and the sustainable production of bioenergy and renewable energy, all of which help to ensure the preservation of economic activity in the regions; emphasises, therefore, the importance of bolstering Pillar II financially, thus increasing the potential to generate income, to help tackle depopulation, unemployment, poverty and to promote social inclusion, the provision of social services and the strengthening of the socioeconomic fabric in rural areas with the overall objective of improving the quality of life therein; |
| --- | --- |

81.

| 82. | Calls on the Commission to introduce a multi-funded-investment approach in the post-2020 legislative period so as to ensure the smooth implementation of the integrated rural development tools, such as the smart villages initiative; |
| --- | --- |

82.

| 83. | Calls for the creation of a new fund for community-led local development (CLLD), building upon the LEADER initiative and experience in the field, to be earmarked at 10 % in all structural funds for objectives set by local community-led strategies, with no demarcation between the structural funds, which should be deployed on a decentralised basis; |
| --- | --- |

83.

| 84. | Stresses that rural development programmes should have added value for farms and retain their important role in facilitating long-term action regarding innovative practices and agri-environment measures; |
| --- | --- |

84.

| 85. | Believes that additional attention should be paid within the LEADER initiative to the needs and projects of micro-scale family farms, over and above providing for the necessary financial assistance; |
| --- | --- |

85.

| 86. | Believes that it has been proven that rural areas need women and men to engage in small- and medium-scale farming; |
| --- | --- |

86.

| 87. | Stresses the importance of maintaining specific compensatory support for farms in less-favoured areas, according to the conditions set by the Member States in the light of their particular local circumstances; |
| --- | --- |

87.

| 88. | Highlights, moreover, that the implementation of financial instruments in rural development should be done on a voluntary basis, while investments in rural areas should be strengthened; |
| --- | --- |

88.

| 89. | Calls on the Commission to set up measures for the smart villages initiative to make smart villages a priority of the next rural development policy; |
| --- | --- |

89.

| 90. | Believes that Pillar II financing for beekeeping should be better targeted and made more effective and that the new legislative framework should provide for a new Pillar I support scheme for beekeepers, including direct support per bee community; |
| --- | --- |

90.

| 91. | Emphasises that measures less closely related to farming must be subject to a higher co-financing rate; |
| --- | --- |

91.

| 92. | Calls on the Commission to introduce a new, coherent, reinforced and simplified conditionality regime in Pillar I, enabling the integration and the implementation of the different types of existing environmental actions, such as the current cross-compliance and greening measures; stresses that the baseline of Pillar I to achieve sustainable agricultural development should be mandatory and clearly stipulate the measures and results expected from farmers so as to ensure a level playing field, while ensuring minimum bureaucracy at farm level and, taking into account local conditions, adequate control by the Member States; calls, furthermore, for a new and simple scheme, which should be mandatory for Member States and optional for farms, based on EU rules which go beyond the baseline to incentivise farmers’ transitioning to sustainable techniques and practices for climate and the environment and which are compatible with the agri-environment-climate measures (AECMs) in Pillar II; believes that the implementation of this scheme should be determined in the national strategic plans within an EU framework; |
| --- | --- |

92.

| 93. | Calls on the Commission to ensure that Pillar II’s AECMs for rural development continue to offset the additional costs and shortfalls associated with the voluntary establishment by farmers of environmentally and climate-friendly practices with the possibility of adding an incentive for investment in environmental protection, biodiversity and resource-efficiency; considers that these programmes should be simplified, better targeted and more efficient, so that farmers can deliver effectively on ambitious policy goals with regard to environmental protection, biodiversity, water management and climate action and climate change mitigation, while ensuring minimum bureaucracy at farm level and, taking into account local conditions, adequate control by Member States; |
| --- | --- |

93.

| 94. | Calls, in addition to farms which engage solely in organic agricultural production in accordance with Article 11 of Regulation (EC) No 834/2007 and are exempt from the greening requirements laid down in Article 43 of Regulation (EU) No 1307/2013, for farms which carry out agri-environmental measures within the meaning of Regulation (EU) No 1305/2013 also to be exempt; |
| --- | --- |

94.

| 95. | Emphasises that Mediterranean EU regions are more vulnerable to the impacts of climate change, such as drought, fires and desertification, and that farmers will therefore need to make greater efforts in these areas to adapt their activities to the changed environment; |
| --- | --- |

95.

| 96. | Considers that the Commission’s future legislative proposals should be able to support the largest number of farmers in their efforts to modernise towards more sustainable agricultural development; |
| --- | --- |

96.

| 97. | Calls, in the interests of simplifying the CAP, for maintaining the existing exemption and not burdening the smallest farms under 15 hectares with additional environmental and climate measures under the CAP; |
| --- | --- |

97.

| 98. | Proposes that this new form of greening should be accompanied by significant, coordinated and more efficient means in Pillar II through targeted tangible and intangible investments (knowledge transfer, training, advice, the exchange of know-how, networking and innovation through the European Innovation Partnerships (EIPs)) as another driver of change; |
| --- | --- |

98.

| 99. | Calls on the Commission to ensure that its legislative proposals for CAP reform include suitable measures and instruments to integrate protein crop production into improved crop rotation systems, with the aim of overcoming the current protein deficit, increasing farmers’ incomes and addressing the key challenges agriculture is facing, such as climate change, the loss of biodiversity and soil fertility and the protection and sustainable management of water resources; |
| --- | --- |

99.

| 100. | Believes that a minimum amount of the total available budget in Pillar II should be allocated to AECMs, including organic agriculture, CO2 sequestration, soil health, sustainable forestry management measures, nutrient management planning for the protection of biodiversity, and pollination and genetic diversity in animals and plants; emphasises, in this context, the importance of maintaining Natura 2000 payments and ensuring that they are sufficient to serve as a genuine incentive for farmers; |
| --- | --- |

100.

| 101. | Stresses the need for payments under rural development to farmers in areas with natural constraints, difficult climatic conditions, steep slopes or limitations in terms of soil quality; calls for a simplification and improved targeting of the ANC plan after 2020; |
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101.

| 102. | Recalls that Parliament has already highlighted that the ‘Fitness Check’ on the Natura Directive stresses the need to improve coherence with the CAP, and highlights the worrying decline in species and habitats linked to agriculture; calls on the Commission to carry out an evaluation of the impact of the CAP on biodiversity; calls further for higher Natura 2000 payments to better incentivise the protection of agricultural Natura 2000 sites, which are in a very poor state; |
| --- | --- |

102.

| 103. | Calls for climate-smart agriculture measures to be implemented and strengthened as the future impacts of climate change on agriculture in Europe will increase; |
| --- | --- |

103.

| 104. | Considers that the risks associated with climate change and land degradation across the whole farmed landscape need to be managed in the CAP, by investing in making agro-ecosystems resilient and robust, and by investing in ecological infrastructure to build topsoils, to reverse soil erosion, to introduce and lengthen crop rotations, to add more trees to the landscape and boost on-farm biological and structural diversity; |
| --- | --- |

104.

| 105. | Considers that the greater use of field residues as a renewable, efficient and sustainable source of energy for rural areas should be supported and promoted; |
| --- | --- |

105.

| 106. | Calls on the Commission to foster innovation, research and modernisation in farming, agro-forestry and the food sector by supporting a strong advisory system and training that is better adapted to the needs of CAP beneficiaries in developing their practices towards greater sustainability and resource protection, and by supporting the application of smart technologies in order to respond more effectively to challenges in the areas of health, the environment and competitiveness; stresses that training and extension must be a pre-condition in programme design and implementation in all Member States and that it is essential to foster know-how transfer, best practice models and exchanges among cooperatives and producer organisations across the Members States, such as through the European agricultural knowledge and information system (AKIS); believes that agro-ecological methods, and the principles underpinning precision farming, can generate significant benefits for the environment, increase farmers’ income, rationalise the use of agricultural machinery and significantly increase resource efficiency; |
| --- | --- |

106.

| 107. | Highlights the important need for the CAP, Horizon 2020 and other supportive funding schemes to encourage farmers to invest in new technologies adapted to their farm size, such as precision and digital farming tools which improve the resilience and environmental impact of agriculture; |
| --- | --- |

107.

| 108. | Calls on the Commission to stimulate the development and uptake of innovative technologies for all farm types, irrespective of their size and production, whether conventional or organic, livestock or arable, small or large scale; |
| --- | --- |

108.

| 109. | Calls on the Commission to deliver a CAP that achieves more innovation, contributes to advances in the bio-economy and provides solutions for biodiversity, climate and the environment; |
| --- | --- |

109.

| 110. | Calls on the Commission to focus on quality of life in rural areas, and to make it attractive for all people, especially for the younger generation; |
| --- | --- |

110.

| 111. | Believes that the digitalisation and precision agriculture promoted in the CAP should not make farmers more dependent on either additional input or external funding, nor should it prevent their access to resources, but should be open-source and developed inclusively with the involvement of farmers; |
| --- | --- |

111.

| 112. | Calls, without prejudice to a redefinition of the total amount of EU support for rural development, for the current rural development programmes, approved in accordance with Article 10(2) of Regulation (EU) No 1305/2013, to continue to apply until 2024 or until a new reform is adopted; |
| --- | --- |

112.

| 113. | Welcomes the Commission’s commitment to promoting the concept of ‘smart villages’ in the EU, which will make it possible, through a more coordinated development of the different policies, to comprehensively address the insufficient broadband connections, job opportunities and service provision in rural areas; |
| --- | --- |

113.

| 114. | Demands that action be taken to address the serious problem of farm accidents, which result in injuries and fatalities on EU farms, via measures in Pillar II to support investment in safety measures and training; |
| --- | --- |

114.

| 115. | Calls, in the context of the development of an EU protein plant strategy, for a single application of plant protection products over the period from before until shortly after sowing, to be authorised for all land down to protein plants; |
| --- | --- |

115.

| 116. | Believes that investments in innovation, education and training are vital for the future of European agriculture; |
| --- | --- |

116.

| 117. | Highlights that a results-based approach at Member State and regional level and innovative solutions provided by certification schemes should be further investigated in the framework of the future CAP, without adding bureaucracy and on-site controls; |
| --- | --- |

117.

| 118. | Calls for the introduction of targeted modernisation and structural improvement measures under Pillar II, with a view to achieving priority objectives such as Digital Farming 4.0; |
| --- | --- |

118.

| 119. | Urges the Commission and the Member States to safeguard and promote access to seeds and agricultural inputs for small-scale farmers and marginalised groups, and to promote and safeguard the exchange of seeds and their public ownership, along with sustainable traditional techniques that guarantee the human right to proper food and nutrition; |
| --- | --- |

119.

| 120. | Urges the Commission and the Member States to place more emphasis on entrepreneur opportunities for services to and from villages; |
| --- | --- |

120.

| 121. | Notes that each farm is different and that individual solutions are therefore needed; |
| --- | --- |

121.

A strong position for farmers in the global food system

| 122. | Calls on the Commission to maintain the current single common market organisation (single CMO) framework within Pillar I, including the specific policy instruments and marketing standards, and to improve the EU school fruit, vegetables and milk scheme; stresses the importance of existing production management systems for specific products and maintaining compulsory individual sector programmes (wine, fruit and vegetables, olive oil and apiculture) for producing countries, with the ultimate aim of strengthening the sustainability and competiveness of each sector and maintaining a level playing field while enabling access for all farmers; |
| --- | --- |

122.

| 123. | Believes that the positive and ‘market-oriented’ experience of the single CMO operational programmes in the fruit and vegetable sector, implemented by producer organisations and financed on the basis of the value of marketed production (VMP), have proven their effectiveness in enhancing the competitiveness and structuring of the targeted sectors and improving their sustainability; calls, therefore, on the Commission to consider the introduction of similar operational programmes for other sectors; believes that this could be of particular benefit to producer organisations representing dairy farmers in mountain regions and outlying areas of the Union, who process and market high-quality products and maintain milk production in these hard-to-farm areas; |
| --- | --- |

123.

| 124. | Recalls that unequal market power is a particular hindrance to cost-covering production in the dairy sector; |
| --- | --- |

124.

| 125. | Draws attention to the possibility of introducing the Voluntary Milk Supply Reduction Scheme under the CMO; |
| --- | --- |

125.

| 126. | Calls for the introduction of a new self-help management tool for olive oil, which would enable oil to be stored in years when there is a surfeit of production, and to be released on the market when production is below demand; |
| --- | --- |

126.

| 127. | Insists on the critical need for the future CAP to support farmers more efficiently, fairly and promptly in order to cope with price and income volatility due to climate, adverse weather conditions, and sanitary and market risks, by creating additional incentives and market conditions stimulating the development and voluntary use of risk management and stabilisation tools (insurance schemes, income stabilisation tools, individual provision mechanisms and mutual funds) while ensuring accessibility for all farmers and compatibility with existing national schemes; |
| --- | --- |

127.

| 128. | Calls for the provision of better support to increase leguminous plant production in the EU and for specific aids for extensive sheep and goat breeders, in the light of the benefits that these sectors bring to the environment and the need to reduce the EU’s dependency on the import of proteins for feed; |
| --- | --- |

128.

| 129. | Stresses that a future-oriented CAP should be designed to better address critical health issues, such as those related to antimicrobial resistance (AMR), air quality and healthier nutrition; |
| --- | --- |

129.

| 130. | Underlines the challenges posed to animal and human health by AMR; believes that the new legal framework should actively promote higher animal health and welfare as a means to combat antibiotic resistance, thereby better protecting public health and the farming sector as a whole; |
| --- | --- |

130.

| 131. | Draws attention to the fact that market risks can also be managed by improved market access for EU agriculture and food products in export markets; |
| --- | --- |

131.

| 132. | Insists on the importance of strengthening the position of primary producers within the food supply chain, in particular by guaranteeing a fair distribution of the added value between producers, processors and the retail sector, by introducing the financial resources and incentives required to support the creation and development of economic organisations, both vertical and horizontal, such as producer organisations, including cooperatives, and their associations and inter-branch organisations, by establishing harmonised minimum standards to combat unfair and abusive trade practices along the food supply chain and by strengthening transparency in the markets and through crisis prevention tools; |
| --- | --- |

132.

| 133. | Stresses that in accordance with the objectives of Article 39 TFEU and the exception referred to in Article 42 TFEU, the omnibus regulation has clarified the legal relationship between the provisions of the single CMO and EU competition rules and introduced new collective possibilities for farmers to enhance their bargaining power within the food supply chain; believes that these provisions are essential in the framework of the future CAP and should be improved further; |
| --- | --- |

133.

| 134. | Considers that drawing on the lessons learnt from the functioning of the diverse EU Market Observatories (Milk, Meat, Sugar and Crops), such tools should be extended to the sectors that are not yet covered and developed further to offer reliable data and forecasts to market operators in order to deliver an early warning and enable prompt and pre-emptive actions in the case of market disturbances with a view to preventing crises; |
| --- | --- |

134.

| 135. | Calls for enhanced support for and the promotion of local markets and short food supply chains; stresses the need to develop local services relating to short supply chains; |
| --- | --- |

135.

| 136. | Calls on the Commission to further clarify and update, where necessary, the rules for producer organisations and interbranch organisations, particularly as regards competition policy, including with a view to the measures and agreements of interbranch organisations, in order to meet societal demands; |
| --- | --- |

136.

| 137. | Stresses that the historical market management tools of the CAP (i.e. public intervention and private storage) have a reduced and insufficient effect in the context of globalised economies and that risk management tools are not always sufficient to cope with significant price volatility and severe market disturbances; |
| --- | --- |

137.

| 138. | Stresses the need, therefore, for the single CMO to continue to play an important role within the future CAP as a safety net in rapidly stabilising agricultural markets and in anticipating crises, and underlines the importance of the omnibus regulation in enabling and encouraging – drawing on the lessons learnt during the last market crises particularly in the dairy sector – the complementary use of innovative market and crisis management instruments, such as voluntary sector agreements, to manage and, where appropriate, reduce supply in quantitative terms among producers, producer organisations, associations of producer organisations, and interbranch organisations and processors (e.g. the EU Milk Production Reduction Scheme); |
| --- | --- |

138.

| 139. | Welcomes the work being carried out on a sustainable protein strategy for the EU; |
| --- | --- |

139.

| 140. | Notes the necessity of creating local and regional markets for leguminous crops across the EU, of improving environmental performance by growing crops in rotation, while also reducing the dependency on imported feed, fertilizer and pesticide inputs, and of increasing viability and economic incentives to change to more sustainable farming practices; |
| --- | --- |

140.

| 141. | Considers that supply management measures for cheeses and ham with protected designations of origin or protected geographical indications or for wine have proven their efficiency in improving the sustainability, competitiveness and quality of the targeted products and should therefore be maintained and, if appropriate, extended so as to cover all quality-labelled products in line with the objectives of the CAP; |
| --- | --- |

141.

| 142. | Calls for an in-depth review of the current crisis reserve mechanism in order to create a workable and independent EU fund for agricultural crises, which would be exempted from the principle of annuality of the budget, so as to permit budgetary transfers from one year to the next, especially when market prices are sufficiently high, while maintaining the crisis reserve at a constant level throughout the MFF period, thereby enabling quicker, more coherent and effective prevention actions and responses complementary to the use of market and risk management tools in the case of severe crisis situations, including those involving economic consequences for farmers due to animal health issues, plant diseases and food safety, but also those arising from external shocks with an impact on agriculture; |
| --- | --- |

142.

| 143. | Believes that while trade agreements are beneficial for some EU agricultural sectors, and necessary to strengthen the Union’s position on the global agricultural market and benefit the EU economy as a whole, they also pose a number of challenges, particularly for small and medium-scale farming and sensitive sectors that need to be taken into account, such as respect for EU sanitary, phytosanitary, animal welfare, environmental and social standards, which requires coherence between trade policy and certain objectives of the CAP and must not lead to the weakening of Europe’s high standards or put at risk its rural territories; |
| --- | --- |

143.

| 144. | Stresses that the application of different standards would increase the risk of exporting EU domestic production abroad, at the expense of rural development, the environment, and in certain instances food quality; |
| --- | --- |

144.

| 145. | Underlines that the need for reinforced safeguard mechanisms should also enlighten the debates surrounding future trade deals (Mercosur, New Zealand, Australia, etc.) and their impact on agriculture in Europe; |
| --- | --- |

145.

| 146. | Emphasises that, while it is important to continue to work for increased market access for European agricultural products, adequate measures for the protection of European agriculture, which take into account sector-specific concerns, are necessary, such as safeguarding mechanisms to avoid negative socio-economic impacts on small- and medium-scale farmers in the EU and in third countries, or the potential exclusion from negotiations of the most sensitive sectors and the application of the principle of reciprocity in production conditions, so as to ensure a level playing field between farmers in the EU and their foreign competitors; insists that European production must not be undermined by inferior and substandard imports; |
| --- | --- |

146.

| 147. | Calls on the Commission to start seeing agriculture as a strategic activity, and to approach free trade agreements in such a way that agriculture is not regarded as the adjustment variable of the other sectors involved in trade and that key sectors such as raw milk production are protected; |
| --- | --- |

147.

| 148. | Takes the view that the requirements of international trade and the WTO have had a very significant bearing on the series of revisions of the CAP which have been carried out since the 1990s; considers that these revisions have made European agricultural products and the European agri-food sector more competitive, but that they have also undermined large sections of the agricultural sector by exposing them to the instability of world markets; takes the view that it is now time, as the Commission communication on the Future of Farming and Food in Europe suggests, to focus more on other CAP objectives, such as farmers’ living standards and matters concerning health, employment, the environment and climate; |
| --- | --- |

148.

| 149. | Underlines that EU trade policy has to be coherent with other EU policies such as development and environmental policies and to support the achievement of the SDGs, and that it can contribute to the achievement of the objectives of the CAP, notably ensuring a fair standard of living for the agricultural community and that supplies reach consumers at reasonable prices; stresses that the EU agri-food sector should take advantage of the opportunities for growth offered by exports, given that an estimated 90 % of additional global demand for agri-food products over the next decade will come from outside Europe; emphasises that the CAP must meet the food-, environment- and climate-related needs of European society before focusing on production for sale on the international agricultural market; stresses that so-called developing countries should have enough opportunities to establish and maintain a strong agri-food sector on their own; |
| --- | --- |

149.

| 150. | Further considers that goods produced in connection with deforestation, land or resource grabbing and human rights abuses should not be granted access into the EU market; |
| --- | --- |

150.

| 151. | Recalls the New European Consensus on Development, in which the EU and its Member States reaffirm their commitment to and recognise the paramount importance of effective observation of the principle of Policy Coherence for Development (PCD) established in Article 208 TFEU, which implies taking into account development cooperation objectives in all EU policies, including agricultural policy and funding, that are likely to affect developing countries in a negative way; considers, in this context, that CAP reform should respect the right of developing countries to shape their agricultural and food policies without weakening their food production capacities and long-term food security, in particular those of the least-developed countries; |
| --- | --- |

151.

| 152. | Recalls the commitment of the EU and its Member States to the SDGs and underlines that coherence of the CAP with the SDGs is crucial, especially in the case of SDG 2 (zero hunger), 5 (gender equality), 12 (responsible consumption and production), 13 (climate action) and 15 (life on land), to which the future CAP must be aligned; |
| --- | --- |

152.

| 153. | Calls, in accordance with the principle of budgetary efficiency, for coherence and better synergies between the CAP and all other EU policies and international commitments, particularly in the fields of energy, water supply, land use, biodiversity and ecosystems, and in the development of remote and mountainous areas; |
| --- | --- |

153.

| 154. | Calls on the Commission to conduct a systematic impact assessment of the provisions regarding the agricultural sector in all trade agreements, and to offer specific strategies to ensure that no agricultural sector will suffer as a result of a trade agreement concluded with a third country; |
| --- | --- |

154.

| 155. | Insists that processes and production methods (PPM) are an essential part of social, economic and environmental standards in global agricultural trade, and encourages the Commission to urge the WTO to acknowledge PPM as such; |
| --- | --- |

155.

| 156. | Underlines that fulfilment of the goals of the Paris Agreement on climate change and meeting the SDGs must be one of the governing principles of any trade policy with regard to agricultural products; notes that the Commission in its reflection paper on harnessing globalisation rightly signals the demand for more fair trade and sustainable and local products as a changing trend in globalisation; stresses that EU trade policy can extensively contribute to achieving the SDGs and climate goals set in the Paris Agreement; |
| --- | --- |

156.

| 157. | Recalls that the EU has eliminated export subsidies on its side and that there is no budget line left for export subsidies in the current EU budget; invites EU trading partners, in this regard, to make commitments to reducing trade-distorting domestic support; calls on the WTO members that continue to grant export subsidies to implement the Ministerial Decision on Export Competition adopted in Nairobi on 19 December 2015; |
| --- | --- |

157.

| 158. | Demands that the Commission stay vigilant and step up the Union’s defensive action towards resolving existing and future market access barriers in third countries, which are increasing, while respecting the environment and human rights, including the right to food; underlines that the majority of those barriers affect agricultural products (27 % according to the Commission’s Market Access Database), which in turn relate predominantly to sanitary and phytosanitary (SPS) market access measures; |
| --- | --- |

158.

| 159. | Calls on the Commission to anticipate and take account of the implications of Brexit when preparing the exchange of offers and calculating quotas; |
| --- | --- |

159.

| 160. | Calls on the Commission to launch clear and transparent initiatives to further reinforce the promotion of EU production, safety, animal welfare and environmental standards and short supply chains and to support quality food production schemes, which could be achieved inter alia through European origin labelling schemes, and marketing and promotion activities on internal and third-country markets for those sectors benefiting from specific policy instruments under the CAP; insists on the need to reduce red tape and unnecessary conditions to allow smaller producers to partake in these schemes; welcomes the steady increase in the budget available for promotional programmes and urges the Commission to maintain the pace of increase in the appropriations in the light of the growing interest from producers; |
| --- | --- |

160.

| 161. | Stresses the importance of short local and regional supply chains, which are more environmentally sustainable – since they cause less pollution because they require less transport – and mean products are fresher and easier to trace; |
| --- | --- |

161.

| 162. | Recalls the importance of empowering local farmers to move up the value chain by providing them with help and support on organic and value-added products and with new knowledge and technologies, as achieving sustainability requires direct action to conserve, protect and enhance natural resources; |
| --- | --- |

162.

| 163. | Points out that producing locally supports the local food culture and local economies; |
| --- | --- |

163.

| 164. | Emphasises that the focus in the future of farming should be on producing high-quality food, as that is where Europe’s competitive advantage lies; stresses that EU standards must be maintained and strengthened where feasible; calls for measures to further increase the long-term productivity and competitiveness of the food production sector, and to introduce new technologies and a more efficient use of resources, thereby strengthening the EU’s role as a world leader; |
| --- | --- |

164.

| 165. | Considers it unacceptable that there are quality differences between food products which are advertised and distributed in the single market under the same brand and with the same packaging; welcomes the Commission’s incentives to address the issue of dual food quality in the single market, including its work on common testing methodology; |
| --- | --- |

165.

| 166. | Welcomes the progress achieved in promoting the EU’s agricultural interests in recent bilateral trade negotiations, notably as regards market access for high-quality EU agri-food products and the protection of geographical indications in third countries; trusts that this trend can be continued and improved upon; |
| --- | --- |

166.

A transparent decision-making process for a solid CAP proposal 2021-2028

| 167. | Stresses that Parliament and the Council should, via the co-decision procedure, set the general common objectives, basic standards, measures and financial allocations, and determine the appropriate level of flexibility needed to enable the Member States and their regions to cope with their specificities and needs in line with the single market so as to avoid distortions of competition deriving from national choices; |
| --- | --- |

167.

| 168. | Regrets the fact that the whole process of the CAP post-2020 programming exercise – consultation, communication, impact assessment and legislative proposals – is repeatedly starting with a significant delay as the end of the eighth legislature approaches, which risks debate on the future CAP being overshadowed by election debates and jeopardises the possibility of a final agreement being reached before the European elections; |
| --- | --- |

168.

| 169. | Calls on the Commission to introduce a transitional regulation which, in the event of a delay in the adoption of the CAP, enables farmers to continue to have access to rural development programme measures, particularly environment and investment measures; |
| --- | --- |

169.

| 170. | Calls on the Member States to ensure, when implementing the new reform, that there are no delays in disbursing payments to farmers and to take responsibility and properly compensate farmers should such delays occur; |
| --- | --- |

170.

| 171. | Emphasises, however, that as much progress must be made before the end of the current term as possible and this issue must be highlighted during campaigning for the European Parliament elections; |
| --- | --- |

171.

| 172. | Acknowledges the relevance of involving institutions and experts responsible for health and environmental policies affecting biodiversity, climate change, air, soil and water pollution in the CAP decision-making process; |
| --- | --- |

172.

| 173. | Calls on the Commission to propose, before the introduction of substantial changes in the design and/or implementation of the CAP, a transitional period long enough to ensure a soft landing and time for Member States to properly implement the new policy in an orderly manner so as to avoid any delay in farmers’ annual payments and in the implementation of rural development measures; |
| --- | --- |

173.

| 174. | Calls for the EU and its Member States to reinforce dialogue with developing countries and provide their expertise and financial support to promote ecologically sustainable agriculture based on small-scale and family farming, targeting women and young people in particular, a commitment made in the 2017 African Union-EU Summit Joint Declaration entitled ‘Investing in Youth for Accelerated Inclusive Growth and Sustainable Development’; recalls the contribution of women in rural areas as entrepreneurs and promoters of sustainable development; stresses the need to develop their potential in sustainable agriculture and their resilience in rural areas; |
| --- | --- |

174.

| 175. | Recalls that hunger and malnutrition in developing countries are largely related to a lack of purchasing power and/or the inability of the rural poor to be self-sufficient; urges the EU, therefore, to actively help developing countries to overcome impediments (such as poor infrastructure and poor logistics) to their own agricultural production; |
| --- | --- |

175.

| 176. | Points out that more than half the population of the least developed countries will still be living in rural areas in 2050 and that the development of sustainable agriculture in developing countries will help to unlock the potential of their rural communities, maintain rural populations and reduce underemployment, poverty and food insecurity, which in turn will help to tackle the root causes of forced migration; |
| --- | --- |

176.

| 177. | Recognises the critical role that space technologies, such as those developed in EU space and satellite programmes managed by the European Global Navigation Satellite Systems Agency (Galileo, EGNOS and Copernicus), can play in the attainment of the UN’s SDGs by providing affordable solutions to facilitate the move towards precision agriculture, thereby eliminating waste, saving time, reducing fatigue and optimising the use of equipment; |
| --- | --- |

177.

| 178. | Calls on the Commission to explore space science technologies and applications and the Global Partnership for Effective Development Co-operation as mechanisms to assist in the monitoring of crops, livestock, forestry, fisheries and aquaculture, support farmers, fisherfolk, foresters and policymakers in their efforts to employ diverse methods of achieving sustainable food production, and respond to related challenges; |
| --- | --- |

178.

| 179. | Calls on the Commission to ensure that the Member States, in their action plans, guarantee equality between women and men in rural areas; urges the Commission and the Member States to support equal representation of women in the institutions’ structures for dialogue with the sector and also in the decision-making bodies of the sector’s professional organisations, cooperatives and associations; considers that the new EU legislation should substantially improve the thematic sub-programmes for women in rural areas; |
| --- | --- |

179.

| 180. | Stresses that the Commission should continue to ensure the strict enforcement of EU animal welfare legislation at all times in all Member States equally, with proper control and sanctions; calls on the Commission to monitor and report on animal health and welfare, including animal transport; recalls that products entering the EU must respect European animal welfare, environmental and social standards; calls for financial incentives for the voluntary adoption of animal welfare measures going beyond minimum legislative standards; |
| --- | --- |

180.

| 181. | Calls on the Commission to implement and enforce the relevant EU law, in particular Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport; considers it necessary, in this context, to comply with the judgment of the Court of Justice of the EU in which it ruled that protection of animal welfare does not cease at the EU’s external borders and that the transporters of animals being exported from the European Union must therefore comply with EU animal welfare rules, including outside the EU; |
| --- | --- |

181.

| 182. | Insists that special consideration should be granted to farmers who face extra costs owing to specific constraints linked to high value natural areas such as mountainous areas, islands, outermost regions, and other less favoured areas; believes that owing to their specific constraints, CAP financing is vitally important for these regions and that any reduction would have a very damaging impact on many agricultural products; urges the Member States to develop and implement quality schemes in order to give the producers interested the opportunity to introduce them swiftly; |
| --- | --- |

182.

| 183. | Considers that the budget of POSEI should be maintained at sufficient levels to face the challenges of agriculture in the outermost regions, as called for several times by Parliament; welcomes the results of the most recent Commission report on the POSEI implementation and considers that programmes for outermost regions and for the smaller Aegean islands should be kept separate from the general EU direct payments scheme, in order to ensure balanced territorial development by preventing the risk of abandonment of production as a result of challenges related to remoteness, insularity, small size, difficult topography and climate, and economic dependence on a small number of products; |
| --- | --- |

183.

| 184. | Calls on the Commission to include in the Milk Market Observatory an autonomous section to study prices in the outermost regions, in order to react promptly to a crisis in the sector; believes that the definition of ‘crisis’ and subsequent intervention of the Commission should be adapted to the outermost regions, taking into consideration the size of the market, dependence on a limited number of economic activities and less capacity for diversification; |
| --- | --- |

184.

| 185. | Calls for better integration of the ‘circular economy’ to ensure the best and most efficient use of primary material and by-products in the emerging bio-economy while respecting the limits of availability of biomass and land and other ecosystem services, and believes that the development of bio-based industry in rural areas might provide new business models that could help farmers and forest owners to find new markets for their products and create new jobs; calls on the Commission and the Member States, therefore, to provide the necessary support to the agricultural and forestry sector with a view to making a greater contribution to the further development of the bioeconomy in the EU; underlines the need to promote agroforestry, which can provide multipurpose, recreational and productive ecosystems and microclimates, and to close the gaps that could hamper its development; |
| --- | --- |

185.

| 186. | Believes that AECM support, complemented by eco-schemes at Member State level, should cover the costs for farmers of transitioning to new sustainable practices, such as through promotion and support for agroforestry and other sustainable forestry measures that support biodiversity and genetic diversity in animal and plant species, and of adapting to changing climatic conditions; |
| --- | --- |

186.

| 187. | Calls on the Commission to guarantee innovation, research and modernisation in agroforestry and forestry by supporting a strong and tailored advisory system, targeted training and tailored solutions to drive innovation and the exchange of know-how and best practices among Member States, with a general focus on relevant new technologies and digitalisation; underlines, at the same time, the crucial role of forest owner associations in information and innovation transfer, training and further education for small-scale forest owners and in the implementation of active multifunctional forest management; |
| --- | --- |

187.

o

o o

| 188. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

188.

---

(1)  OJ L 350, 29.12.2017, p. 15.

(2)  OJ L 221, 8.8.1998, p. 23.

(3)  OJ L 309, 24.11.2009, p. 71.

(4)  Texts adopted, P8_TA(2018)0022.

(5)  Texts adopted, P8_TA(2018)0203.

(6)  Texts adopted, P8_TA(2018)0095.

(7)  Texts adopted, P8_TA(2018)0075.

(8)  Texts adopted, P8_TA(2018)0057.

(9)  Texts adopted, P8_TA(2017)0197.

(10)  Texts adopted, P8_TA(2017)0099.

(11)  Texts adopted, P8_TA(2016)0504.

(12)  Texts adopted, P8_TA(2016)0427.

(13)  OJ C 86, 6.3.2018, p. 62.

(14)  OJ C 265, 11.8.2017, p. 7.

(15)  OJ C 288, 31.8.2017, p. 10.

(16)  OJ C 342, 12.10.2017, p. 10.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/86 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/86

---

P8_TA(2018)0225

Interpretation and implementation of the Interinstitutional Agreement on Better Law-Making

European Parliament resolution of 30 May 2018 on the interpretation and implementation of the Interinstitutional Agreement on Better Law-Making (2016/2018(INI))

(2020/C 76/10)

The European Parliament,

| — | having regard to Article 17(1) of the Treaty on European Union (TEU), |
| --- | --- |

—

having regard to Article 17(1) of the Treaty on European Union (TEU),

| — | having regard to Article 295 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Article 295 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (1) (‘the new IIA’), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (1) (‘the new IIA’),

| — | having regard to the Framework Agreement of 20 October 2010 on relations between the European Parliament and the European Commission (2) (‘the 2010 Framework Agreement’), |
| --- | --- |

—

having regard to the Framework Agreement of 20 October 2010 on relations between the European Parliament and the European Commission (2) (‘the 2010 Framework Agreement’),

| — | having regard to the Interinstitutional Agreement of 16 December 2003 on Better Law-Making (3) (‘the 2003 IIA’), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 16 December 2003 on Better Law-Making (3) (‘the 2003 IIA’),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (4), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (4),

| — | having regard to the Interinstitutional Agreement of 22 December 1998 on common guidelines for the quality of drafting of Community legislation (5), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 22 December 1998 on common guidelines for the quality of drafting of Community legislation (5),

| — | having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (6), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (6),

| — | having regard to the Joint Declaration of 13 June 2007 on practical arrangements for the codecision procedure (7), |
| --- | --- |

—

having regard to the Joint Declaration of 13 June 2007 on practical arrangements for the codecision procedure (7),

| — | having regard to the Joint Political Declaration of 27 October 2011 of the European Parliament, the Council and the Commission on explanatory documents (8), |
| --- | --- |

—

having regard to the Joint Political Declaration of 27 October 2011 of the European Parliament, the Council and the Commission on explanatory documents (8),

| — | having regard to the Joint Declaration on the EU’s legislative priorities for 2017 (9), |
| --- | --- |

—

having regard to the Joint Declaration on the EU’s legislative priorities for 2017 (9),

| — | having regard to the Joint Declaration on the EU’s legislative priorities for 2018-2019 (10), |
| --- | --- |

—

having regard to the Joint Declaration on the EU’s legislative priorities for 2018-2019 (10),

| — | having regard to the judgments of the Court of Justice of the European Union of 18 March 2014 (the ‘Biocides case’), 16 July 2015 (the ‘Visa Reciprocity Mechanism case’), 17 March 2016 (the ‘CEF delegated act case’), 14 June 2016 (the ‘Tanzania case’) and 24 June 2014 (the ‘Mauritius case’) (11), |
| --- | --- |

—

having regard to the judgments of the Court of Justice of the European Union of 18 March 2014 (the ‘Biocides case’), 16 July 2015 (the ‘Visa Reciprocity Mechanism case’), 17 March 2016 (the ‘CEF delegated act case’), 14 June 2016 (the ‘Tanzania case’) and 24 June 2014 (the ‘Mauritius case’) (11),

| — | having regard to its decision of 13 December 2016 on the general revision of Parliament’s Rules of Procedure (12), |
| --- | --- |

—

having regard to its decision of 13 December 2016 on the general revision of Parliament’s Rules of Procedure (12),

| — | having regard to its resolution of 12 April 2016 on Regulatory Fitness and Performance Programme (REFIT): State of Play and Outlook (13), |
| --- | --- |

—

having regard to its resolution of 12 April 2016 on Regulatory Fitness and Performance Programme (REFIT): State of Play and Outlook (13),

| — | having regard to its resolution of 6 July 2016 on the strategic priorities for the Commission Work Programme 2017 (14), |
| --- | --- |

—

having regard to its resolution of 6 July 2016 on the strategic priorities for the Commission Work Programme 2017 (14),

| — | having regard to its decision of 9 March 2016 on the conclusion of an Interinstitutional Agreement on Better Law-Making between the European Parliament, the Council of the European Union and the European Commission (15), |
| --- | --- |

—

having regard to its decision of 9 March 2016 on the conclusion of an Interinstitutional Agreement on Better Law-Making between the European Parliament, the Council of the European Union and the European Commission (15),

| — | having regard to its resolution of 27 November 2014 on the revision of the Commission’s impact assessment guidelines and the role of the SME test (16), |
| --- | --- |

—

having regard to its resolution of 27 November 2014 on the revision of the Commission’s impact assessment guidelines and the role of the SME test (16),

| — | having regard to its resolution of 25 February 2014 on follow-up on the delegation of legislative powers and control by Member States of the Commission’s exercise of implementing powers (17), |
| --- | --- |

—

having regard to its resolution of 25 February 2014 on follow-up on the delegation of legislative powers and control by Member States of the Commission’s exercise of implementing powers (17),

| — | having regard to its resolution of 4 February 2014 on EU Regulatory Fitness and Subsidiarity and Proportionality – 19th report on Better Lawmaking covering the year 2011 (18), |
| --- | --- |

—

having regard to its resolution of 4 February 2014 on EU Regulatory Fitness and Subsidiarity and Proportionality – 19th report on Better Lawmaking covering the year 2011 (18),

| — | having regard to its resolution of 13 September 2012 on the 18th report on better legislation – Application of the principles of subsidiarity and proportionality (2010) (19), |
| --- | --- |

—

having regard to its resolution of 13 September 2012 on the 18th report on better legislation – Application of the principles of subsidiarity and proportionality (2010) (19),

| — | having regard to its resolution of 14 September 2011 on better legislation, subsidiarity and proportionality and smart regulation (20), |
| --- | --- |

—

having regard to its resolution of 14 September 2011 on better legislation, subsidiarity and proportionality and smart regulation (20),

| — | having regard to its resolution of 8 June 2011 on guaranteeing independent impact assessments (21), |
| --- | --- |

—

having regard to its resolution of 8 June 2011 on guaranteeing independent impact assessments (21),

| — | having regard to the Commission communication of 24 October 2017 entitled ‘Completing the better regulation agenda: better solutions for better results’ (COM(2017)0651), |
| --- | --- |

—

having regard to the Commission communication of 24 October 2017 entitled ‘Completing the better regulation agenda: better solutions for better results’ (COM(2017)0651),

| — | having regard to Article 294 TFEU on the codecision procedure, |
| --- | --- |

—

having regard to Article 294 TFEU on the codecision procedure,

| — | having regard to the Commission staff working document of 24 October 2017 entitled ‘Overview of the Union’s Efforts to Simplify and to Reduce Regulatory Burdens’ (SWD(2017)0675), |
| --- | --- |

—

having regard to the Commission staff working document of 24 October 2017 entitled ‘Overview of the Union’s Efforts to Simplify and to Reduce Regulatory Burdens’ (SWD(2017)0675),

| — | having regard to the Commission communication of 21 December 2016 entitled ‘EU law: Better results through better application’ (22), |
| --- | --- |

—

having regard to the Commission communication of 21 December 2016 entitled ‘EU law: Better results through better application’ (22),

| — | having regard to the Commission communication of 14 September 2016 entitled ‘Better Regulation: Delivering better results for a stronger Union’ (COM(2016)0615), |
| --- | --- |

—

having regard to the Commission communication of 14 September 2016 entitled ‘Better Regulation: Delivering better results for a stronger Union’ (COM(2016)0615),

| — | having regard to the Commission communication of 19 May 2015 entitled ‘Better regulation for better results – An EU agenda’ (COM(2015)0215), |
| --- | --- |

—

having regard to the Commission communication of 19 May 2015 entitled ‘Better regulation for better results – An EU agenda’ (COM(2015)0215),

| — | having regard to the Commission staff working document of 7 July 2017 on better regulation guidelines (SWD(2017)0350), |
| --- | --- |

—

having regard to the Commission staff working document of 7 July 2017 on better regulation guidelines (SWD(2017)0350),

| — | having regard to Rule 52 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure,

| — | having regard to the joint deliberations of the Committee on Legal Affairs and the Committee on Constitutional Affairs under Rule 55 of the Rules of Procedure, |
| --- | --- |

—

having regard to the joint deliberations of the Committee on Legal Affairs and the Committee on Constitutional Affairs under Rule 55 of the Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Committee on Constitutional Affairs and the opinions of the Committee on International Trade, the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs, the Committee on Environment, Public Health and Food Safety and the Committee on Petitions (A8-0170/2018), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Committee on Constitutional Affairs and the opinions of the Committee on International Trade, the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs, the Committee on Environment, Public Health and Food Safety and the Committee on Petitions (A8-0170/2018),

| A. | whereas the new IIA entered into force on the day of its signature, 13 April 2016; |
| --- | --- |

A.

whereas the new IIA entered into force on the day of its signature, 13 April 2016;

| B. | whereas, on the occasion of the adoption of the new IIA, Parliament and the Commission made a statement affirming that the new agreement ‘reflects the balance between, and respective competences of, the European Parliament, the Council and the Commission as set out in the Treaties’ and ‘is without prejudice to the Framework Agreement of 20 October 2010 on relations between the European Parliament and the European Commission’ (23); |
| --- | --- |

B.

whereas, on the occasion of the adoption of the new IIA, Parliament and the Commission made a statement affirming that the new agreement ‘reflects the balance between, and respective competences of, the European Parliament, the Council and the Commission as set out in the Treaties’ and ‘is without prejudice to the Framework Agreement of 20 October 2010 on relations between the European Parliament and the European Commission’ (23);

| C. | whereas, in order to implement the provisions of the new IIA on interinstitutional programming, Parliament revised its Rules of Procedure inter alia to set out the internal processes for negotiating and adopting joint conclusions on multiannual programming and joint declarations on annual interinstitutional programming; |
| --- | --- |

C.

whereas, in order to implement the provisions of the new IIA on interinstitutional programming, Parliament revised its Rules of Procedure inter alia to set out the internal processes for negotiating and adopting joint conclusions on multiannual programming and joint declarations on annual interinstitutional programming;

| D. | whereas, in the context of annual interinstitutional programming, the three Institutions agreed on two joint declarations on the EU’s legislative priorities for the years 2017 and 2018-2019 respectively; |
| --- | --- |

D.

whereas, in the context of annual interinstitutional programming, the three Institutions agreed on two joint declarations on the EU’s legislative priorities for the years 2017 and 2018-2019 respectively;

| E. | whereas, contrary to the 2003 IIA, the new IIA no longer includes a legal framework for the use of alternative methods of regulation, such as co-regulation and self-regulation, with the result that any reference to such methods is missing; |
| --- | --- |

E.

whereas, contrary to the 2003 IIA, the new IIA no longer includes a legal framework for the use of alternative methods of regulation, such as co-regulation and self-regulation, with the result that any reference to such methods is missing;

| F. | whereas paragraph 13 of the new IIA requires the Commission to consult as widely as possible in its impact assessment process; whereas, similarly, paragraph 19 of the new IIA requires the Commission, before adopting a proposal and not after, to conduct public consultations in an open and transparent manner, ensuring that the modalities and time limits of those public consultations allow for the widest possible participation, not restricted to vested interests and their lobbyists; |
| --- | --- |

F.

whereas paragraph 13 of the new IIA requires the Commission to consult as widely as possible in its impact assessment process; whereas, similarly, paragraph 19 of the new IIA requires the Commission, before adopting a proposal and not after, to conduct public consultations in an open and transparent manner, ensuring that the modalities and time limits of those public consultations allow for the widest possible participation, not restricted to vested interests and their lobbyists;

| G. | whereas in July 2017 the Commission revised its Better Regulation guidelines so as to better explain and exploit the linkages between the various steps of policy-making within the Commission, replacing the previous stand-alone guidelines, which addressed separately impact assessment, evaluation and implementation, and so as to include new guidance on planning and stakeholder consultation; |
| --- | --- |

G.

whereas in July 2017 the Commission revised its Better Regulation guidelines so as to better explain and exploit the linkages between the various steps of policy-making within the Commission, replacing the previous stand-alone guidelines, which addressed separately impact assessment, evaluation and implementation, and so as to include new guidance on planning and stakeholder consultation;

| H. | whereas under paragraph 16 of the new IIA, the Commission may, on its own initiative or upon invitation by Parliament or the Council, complement its own impact assessment or undertake other analytical work it considers necessary; |
| --- | --- |

H.

whereas under paragraph 16 of the new IIA, the Commission may, on its own initiative or upon invitation by Parliament or the Council, complement its own impact assessment or undertake other analytical work it considers necessary;

| I. | whereas the new IIA acknowledges the replacement of the former Impact Assessment Board with the Commission’s Regulatory Scrutiny Board; whereas the latter’s task is, inter alia, to carry out an objective quality check of the Commission’s impact assessments; whereas in order for an initiative, accompanied by an impact assessment, to be tabled for adoption by the Commission, a positive opinion is needed from the Board; whereas, in the case of a negative opinion, the draft report must be reviewed and resubmitted to the Board, and, in the case of a second negative opinion, a political decision is required for the initiative to proceed further; whereas the Board’s opinion is made public on the Commission’s website at the same time as the report relating to the initiative concerned and, in the case of impact assessments, once the Commission has adopted the related policy initiative (24); |
| --- | --- |

I.

whereas the new IIA acknowledges the replacement of the former Impact Assessment Board with the Commission’s Regulatory Scrutiny Board; whereas the latter’s task is, inter alia, to carry out an objective quality check of the Commission’s impact assessments; whereas in order for an initiative, accompanied by an impact assessment, to be tabled for adoption by the Commission, a positive opinion is needed from the Board; whereas, in the case of a negative opinion, the draft report must be reviewed and resubmitted to the Board, and, in the case of a second negative opinion, a political decision is required for the initiative to proceed further; whereas the Board’s opinion is made public on the Commission’s website at the same time as the report relating to the initiative concerned and, in the case of impact assessments, once the Commission has adopted the related policy initiative (24);

| J. | whereas at the beginning of 2017, the Regulatory Scrutiny Board completed the recruitment of its staff, including three members from outside the EU Institutions; whereas in 2016 the Board reviewed 60 separate impact assessments, of which 25 (42 %) received an initial negative assessment, resulting in revision and resubmission to the Board; whereas the Board has subsequently given positive overall assessments to all but one of the revised impact assessments that it has received; whereas the Board has exchanged information with Parliament’s services on best practices and methodologies relating to impact assessments; |
| --- | --- |

J.

whereas at the beginning of 2017, the Regulatory Scrutiny Board completed the recruitment of its staff, including three members from outside the EU Institutions; whereas in 2016 the Board reviewed 60 separate impact assessments, of which 25 (42 %) received an initial negative assessment, resulting in revision and resubmission to the Board; whereas the Board has subsequently given positive overall assessments to all but one of the revised impact assessments that it has received; whereas the Board has exchanged information with Parliament’s services on best practices and methodologies relating to impact assessments;

| K. | whereas under paragraph 25 of the new IIA, if a modification of the legal basis is envisaged entailing a change from the ordinary legislative procedure to a special legislative procedure or a non-legislative procedure, the three Institutions will exchange views thereon; whereas Parliament has revised its Rules of Procedure to give effect to this provision; whereas this provision has not yet had to be applied; |
| --- | --- |

K.

whereas under paragraph 25 of the new IIA, if a modification of the legal basis is envisaged entailing a change from the ordinary legislative procedure to a special legislative procedure or a non-legislative procedure, the three Institutions will exchange views thereon; whereas Parliament has revised its Rules of Procedure to give effect to this provision; whereas this provision has not yet had to be applied;

| L. | whereas in paragraph 27 of the new IIA, the three Institutions acknowledge the need for the alignment of all existing legislation to the legal framework introduced by the Lisbon Treaty, and in particular the need to give high priority to the prompt alignment of all basic acts which still refer to the regulatory procedure with scrutiny (RPS); whereas the Commission proposed that latter alignment in December 2016 (25); whereas Parliament and the Council are currently examining this proposal in great detail; |
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L.

whereas in paragraph 27 of the new IIA, the three Institutions acknowledge the need for the alignment of all existing legislation to the legal framework introduced by the Lisbon Treaty, and in particular the need to give high priority to the prompt alignment of all basic acts which still refer to the regulatory procedure with scrutiny (RPS); whereas the Commission proposed that latter alignment in December 2016 (25); whereas Parliament and the Council are currently examining this proposal in great detail;

| M. | whereas a new version of the Common Understanding on Delegated Acts and on the related standard clauses is annexed to the new IIA; whereas under paragraph 28 of the new IIA, the three Institutions will enter into negotiations without undue delay after the entry into force of the agreement, with a view to supplementing this Common Understanding by providing for non-binding criteria for the application of Articles 290 and 291 TFEU; whereas, after lengthy preparatory work, these negotiations finally began in September 2017; |
| --- | --- |

M.

whereas a new version of the Common Understanding on Delegated Acts and on the related standard clauses is annexed to the new IIA; whereas under paragraph 28 of the new IIA, the three Institutions will enter into negotiations without undue delay after the entry into force of the agreement, with a view to supplementing this Common Understanding by providing for non-binding criteria for the application of Articles 290 and 291 TFEU; whereas, after lengthy preparatory work, these negotiations finally began in September 2017;

| N. | whereas in paragraph 29 of the new IIA the three Institutions committed to setting up, at the latest by the end of 2017, a joint functional register of delegated acts, providing information in a well-structured and user-friendly way, in order to enhance transparency, facilitate planning and enable traceability of all the different stages in the lifecycle of a delegated act; whereas the register has now been set up and became operational in December 2017; |
| --- | --- |

N.

whereas in paragraph 29 of the new IIA the three Institutions committed to setting up, at the latest by the end of 2017, a joint functional register of delegated acts, providing information in a well-structured and user-friendly way, in order to enhance transparency, facilitate planning and enable traceability of all the different stages in the lifecycle of a delegated act; whereas the register has now been set up and became operational in December 2017;

| O. | whereas point 32 of the IIA stipulates that ‘the Commission shall carry out its role as facilitator by treating the two branches of the legislative authority equally, in full respect of the roles assigned by the Treaties to the three Institutions’; |
| --- | --- |

O.

whereas point 32 of the IIA stipulates that ‘the Commission shall carry out its role as facilitator by treating the two branches of the legislative authority equally, in full respect of the roles assigned by the Treaties to the three Institutions’;

| P. | whereas in paragraph 34 of the new IIA, Parliament and the Council, in their capacity as co-legislators, underlined the importance of maintaining close contacts already in advance of interinstitutional negotiations, so as to achieve a better mutual understanding of their respective positions, and agreed, to that end, to facilitate a mutual exchange of views and information, including by inviting representatives of the other institutions to informal exchanges of views on a regular basis; whereas these provisions have not given rise to any new specific procedures or structures; whereas, while contact between the Institutions has intensified within the framework of the joint declaration on legislative priorities, the experience of the committees suggests that there is no systematic approach to facilitate such a mutual exchange of views and that it remains difficult to obtain information and feedback from the Council on issues raised within it by the Member States; whereas Parliament finds this situation highly unsatisfactory; |
| --- | --- |

P.

whereas in paragraph 34 of the new IIA, Parliament and the Council, in their capacity as co-legislators, underlined the importance of maintaining close contacts already in advance of interinstitutional negotiations, so as to achieve a better mutual understanding of their respective positions, and agreed, to that end, to facilitate a mutual exchange of views and information, including by inviting representatives of the other institutions to informal exchanges of views on a regular basis; whereas these provisions have not given rise to any new specific procedures or structures; whereas, while contact between the Institutions has intensified within the framework of the joint declaration on legislative priorities, the experience of the committees suggests that there is no systematic approach to facilitate such a mutual exchange of views and that it remains difficult to obtain information and feedback from the Council on issues raised within it by the Member States; whereas Parliament finds this situation highly unsatisfactory;

| Q. | whereas, in order to further reinforce the transparency of the legislative process, Parliament revised its Rules of Procedure so as to adapt its rules on interinstitutional negotiations during the ordinary legislative procedure, building on the provisions introduced in 2012; whereas, while all of Parliament’s negotiating mandates are public, the same does not hold true of the Council’s mandates; whereas Parliament finds this situation highly unsatisfactory; |
| --- | --- |

Q.

whereas, in order to further reinforce the transparency of the legislative process, Parliament revised its Rules of Procedure so as to adapt its rules on interinstitutional negotiations during the ordinary legislative procedure, building on the provisions introduced in 2012; whereas, while all of Parliament’s negotiating mandates are public, the same does not hold true of the Council’s mandates; whereas Parliament finds this situation highly unsatisfactory;

| R. | whereas in paragraph 39 of the new IIA, in order to facilitate traceability of the various steps in the legislative process, the three Institutions undertook to identify, by 31 December 2016, ways of further developing platforms and tools to that end, with a view to establishing a dedicated joint database on the state of play of legislative files; whereas no such joint database has been created to date; |
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R.

whereas in paragraph 39 of the new IIA, in order to facilitate traceability of the various steps in the legislative process, the three Institutions undertook to identify, by 31 December 2016, ways of further developing platforms and tools to that end, with a view to establishing a dedicated joint database on the state of play of legislative files; whereas no such joint database has been created to date;

| S. | whereas in paragraph 40 of the new IIA, regarding the negotiation and conclusion of international agreements, the three Institutions committed to meeting within six months after the entry into force of the new IIA in order to negotiate improved practical arrangements for cooperation and information-sharing within the framework of the Treaties, as interpreted by the Court of Justice of the European Union (CJEU); whereas such negotiations began in November 2016 and are still ongoing; |
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S.

whereas in paragraph 40 of the new IIA, regarding the negotiation and conclusion of international agreements, the three Institutions committed to meeting within six months after the entry into force of the new IIA in order to negotiate improved practical arrangements for cooperation and information-sharing within the framework of the Treaties, as interpreted by the Court of Justice of the European Union (CJEU); whereas such negotiations began in November 2016 and are still ongoing;

| T. | whereas regulatory cooperation has emerged as a key instrument in international trade agreements on a path towards regulatory dialogue and coherence between trading partners; whereas the Commission is to remain committed in that process to the principles of a fair and level playing field for all stakeholders and guaranteeing the utmost transparency in decision-making; |
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T.

whereas regulatory cooperation has emerged as a key instrument in international trade agreements on a path towards regulatory dialogue and coherence between trading partners; whereas the Commission is to remain committed in that process to the principles of a fair and level playing field for all stakeholders and guaranteeing the utmost transparency in decision-making;

| U. | whereas in paragraph 46 of the new IIA, the three Institutions confirm their commitment to using the legislative technique of recasting for the modification of existing legislation more frequently and in full respect of the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts; |
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U.

whereas in paragraph 46 of the new IIA, the three Institutions confirm their commitment to using the legislative technique of recasting for the modification of existing legislation more frequently and in full respect of the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts;

| V. | whereas under paragraph 48 of the new IIA, by way of contribution to its regulatory fitness and performance programme (REFIT), the Commission undertakes to present annually an overview, including an annual burden survey, of the results of the Union’s efforts to simplify legislation and to avoid overregulation and reduce administrative burdens; whereas the results of the first annual burden survey were presented on 24 October 2017 as part of the Commission Work Programme for 2018; |
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V.

whereas under paragraph 48 of the new IIA, by way of contribution to its regulatory fitness and performance programme (REFIT), the Commission undertakes to present annually an overview, including an annual burden survey, of the results of the Union’s efforts to simplify legislation and to avoid overregulation and reduce administrative burdens; whereas the results of the first annual burden survey were presented on 24 October 2017 as part of the Commission Work Programme for 2018;

| W. | whereas the annual burden survey offers a unique opportunity to identify and monitor the results of EU efforts to avoid overregulation and reduce administrative burdens; whereas this survey provides an excellent opportunity to demonstrate the added value of EU legislation and to provide transparency to EU citizens; |
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W.

whereas the annual burden survey offers a unique opportunity to identify and monitor the results of EU efforts to avoid overregulation and reduce administrative burdens; whereas this survey provides an excellent opportunity to demonstrate the added value of EU legislation and to provide transparency to EU citizens;

| X. | whereas the new IIA calls for interinstitutional cooperation with the aim of simplifying existing Union legislation and avoiding overregulation and administrative burdens for citizens, administrations and businesses; whereas Parliament emphasises that with regard to international trade agreements these objectives should not lead to lower standards on the protection of the environment, public health, workers’ health, safety, International Labour Organisation standards or consumer rights; |
| --- | --- |

X.

whereas the new IIA calls for interinstitutional cooperation with the aim of simplifying existing Union legislation and avoiding overregulation and administrative burdens for citizens, administrations and businesses; whereas Parliament emphasises that with regard to international trade agreements these objectives should not lead to lower standards on the protection of the environment, public health, workers’ health, safety, International Labour Organisation standards or consumer rights;

| Y. | whereas under paragraph 50 of the new IIA, the three Institutions will monitor the implementation of the new IIA jointly and regularly, at both the political level through annual discussions and the technical level in the Interinstitutional Coordination Group; whereas monitoring at the political level includes regular discussions in the Conference of Committee Chairs and the annual high-level stocktaking meeting; whereas, furthermore, specific monitoring arrangements were laid down in the context of the joint declarations on the EU’s legislative priorities for 2017 and 2018-2019 respectively; whereas, moreover, the experience gained by committees so far is an invaluable tool for assessing the implementation of the new IIA; whereas the Committee on Legal Affairs has specific competence for better law-making and simplification of Union law; |
| --- | --- |

Y.

whereas under paragraph 50 of the new IIA, the three Institutions will monitor the implementation of the new IIA jointly and regularly, at both the political level through annual discussions and the technical level in the Interinstitutional Coordination Group; whereas monitoring at the political level includes regular discussions in the Conference of Committee Chairs and the annual high-level stocktaking meeting; whereas, furthermore, specific monitoring arrangements were laid down in the context of the joint declarations on the EU’s legislative priorities for 2017 and 2018-2019 respectively; whereas, moreover, the experience gained by committees so far is an invaluable tool for assessing the implementation of the new IIA; whereas the Committee on Legal Affairs has specific competence for better law-making and simplification of Union law;

Common commitments and objectives

| 1. | Considers the new IIA as an interinstitutional exercise which seeks to improve the quality of Union legislation; recalls that, in many instances, EU legislation harmonises or replaces different rules in 28 Member States, making national markets mutually and equally accessible and reducing administrative costs overall to establish a fully functional internal market; |
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1.

| 2. | Welcomes the progress achieved and the experience gained in the first year and a half of the application of the new IIA and encourages the Institutions to undertake further efforts to fully implement the agreement, in particular with regard to the interinstitutional negotiations on non-binding criteria for the application of Articles 290 and 291 TFEU, the alignment of all basic acts that still refer to the RPS, the interinstitutional negotiations on practical arrangements for cooperation and information-sharing regarding the negotiation and conclusion of international agreements, and the establishment of a dedicated joint database on the state of play of legislative files; |
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2.

| 3. | Recalls that the new IIA aims to develop a more open and transparent relationship between the three Institutions with a view to delivering high-quality legislation in the interest of EU citizens; considers that, although the principle of sincere cooperation among Institutions is only mentioned in paragraphs 9 and 32 in relation to specific areas covered by the new IIA, it should be observed throughout the legislative cycle as one of the principles enshrined in Article 13 TEU; |
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3.

Programming

| 4. | Welcomes the three Institutions’ agreement to reinforce the Union’s annual and multiannual programming in accordance with Article 17(1) TEU by means of a more structured procedure with a precise timeline; notes with satisfaction that the first exercise of interinstitutional annual programming under the new IIA saw the active participation of the three Institutions, participation that led to a joint declaration on the EU’s legislative priorities for 2017, with 59 key legislative proposals identified as priorities for 2017 and, further to a joint declaration on legislative priorities for 2018-2019, 31 key legislative proposals identified as priorities until the end of the current term; particularly welcomes, in this context, the active involvement of the Council and trusts that it will continue in the future, including as regards multiannual programming for the new term; considers, however, that priority treatment for certain legislative files agreed upon in joint declarations should not be used to exert undue pressure on the co-legislators and that greater speed should not be prioritised at the expense of legislative quality; considers it important to evaluate how the current practice and rules for approving the joint declarations are applied and whether certain improvements can be made to Parliament’s Rules of Procedure with regard to the negotiations on interinstitutional programming, for example to reinforce the mandate given to the President by the political groups; |
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4.

| 5. | Considers it of the utmost importance that parliamentary committees are fully consulted throughout the joint declaration preparation and implementation process; |
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5.

| 6. | Points out that the new IIA is without prejudice to the mutual undertakings agreed between Parliament and the Commission in the 2010 Framework Agreement; recalls, in particular, that the arrangements relating to the timetable for the Commission Work Programme set out in Annex 4 to the 2010 Framework Agreement must be complied with when implementing paragraphs 6-11 of the new IIA; |
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6.

| 7. | Considers that the Commission should, when presenting its Work Programme, in addition to the elements referred to in paragraph 8 of the new IIA, indicate how the envisaged legislation is justifiable in the light of the principles of subsidiarity and proportionality and specify its European added value; |
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7.

| 8. | Welcomes the establishment of the Commission Task Force on Subsidiarity, Proportionality and ‘Doing Less More Efficiently’, which must work hand in hand with the new IIA to increase the trust of citizens who consider the principle of subsidiarity to be a key aspect of the democratic process; |
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8.

| 9. | Calls on the Commission to present more inclusive, more detailed and more reliable Work Programmes; requests, in particular, that the Commission Work Programmes clearly indicate the legal nature of each proposal with accurate and realistic timeframes; calls on the Commission to ensure that forthcoming legislative proposals – especially key legislative packages – arrive well before the end of this legislative term, thereby giving the co-legislators enough time to exercise their prerogatives in full; |
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9.

| 10. | Encourages developing efficient legislation geared to developing employment protection and European competitiveness with a particular focus on small and medium-sized enterprises, across all sectors of the economy; |
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10.

| 11. | Welcomes the fact that the Commission replied to Parliament’s requests for proposals for Union acts under Article 225 TFEU, for the most part within the three-month deadline referred to in paragraph 10 of the new IIA; points out, however, that the Commission failed to adopt specific communications as foreseen in that provision; calls on the Commission to adopt such communications with a view to ensuring full transparency and providing a political response to requests made by Parliament in its resolutions, and with due regard for Parliament’s relevant European Added Value and Cost of Non-Europe analyses; |
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11.

| 12. | Underlines the importance of transparent cooperation in good faith between Parliament, the Council and the Commission, which should be translated into practice by a genuine commitment on the part of the Commission to involving Parliament and the Council, at the same level, in the implementation of its programming arrangements, and reminds the Commission of its obligation to respond promptly to legislative and non-legislative own initiative reports; deplores the fact that several own-initiative reports have remained unanswered, and calls on the Commission to provide the co-legislators, within three months, with reasons for the withdrawal of a text and also with a reasoned reply to requests for legislative or non-legislative proposals; |
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12.

| 13. | Considers that the deletion of all references to the use of alternative methods of regulation in the new IIA is without prejudice to Parliament’s position that soft law should be applied only with the greatest of care and on a duly justified basis, without undermining legal certainty and the clarity of existing legislation, and after consultation of Parliament (26); is concerned, furthermore, that a lack of clear boundaries on the use of soft law may even encourage recourse to it, with no guarantee that Parliament would be able to carry out scrutiny; |
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13.

| 14. | Invites the Council and the Commission to agree that alternative methods of regulation, provided that they are strictly necessary, should be included in the multiannual and annual programming documents, so as to allow proper identification and scrutiny by the legislators; |
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14.

Tools for better law-making

| 15. | Underlines that impact assessments may inform but must never be a substitute for political decisions or cause undue delays to the legislative process; underlines that, throughout the legislative process and in all assessments of the impact of proposed legislation, particular attention must be paid to the potential impacts on those stakeholders who have least opportunity to present their concerns to decision-makers, including SMEs, civil society, trade unions and others who do not have the advantage of easy access to the Institutions; believes that impact assessments must pay equal attention to the evaluation of social, health and environmental consequences in particular, and that the impact on the fundamental rights of citizens and on equality between women and men must be assessed; |
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15.

| 16. | Recalls that SMEs represent 99 % of all businesses in the EU, generate 58 % of the EU’s turnover and are responsible for two thirds of total private employment; recalls, furthermore, that the Commission, in the Small Business Act, made a commitment to implementing the ‘think small first’ principle in its policymaking, and that this includes the SME test to assess the impact of forthcoming legislation and administrative initiatives on SMEs (27); recalls that in its decision of 9 March 2016 on the new IIA Parliament stated that the wording of the new IIA does not sufficiently commit the three Institutions to include SME and competitiveness tests in their impact assessments (28); stresses the importance of taking into account and paying attention to the impact on competitiveness and innovation and to the needs of SMEs at all stages of the legislative cycle, and expresses satisfaction that the Commission’s Better Regulation Guidelines prescribe that potential impacts on SMEs and competitiveness must, where relevant, be considered and reported systematically in all impact assessments; notes that SME tests often lack quality and coherent implementation; calls on the Commission to consider how the impact on SMEs can be better taken into account, and intends to monitor this issue closely in the years to come; |
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16.

| 17. | Urges the Commission, in the context of better law-making, to better assess the social and environmental consequences of its policies and their impact on the fundamental rights of citizens, by keeping in mind also the cost of non-legislation at European level and the fact that cost-benefit analyses are only one of many criteria; |
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17.

| 18. | Reiterates its call for the compulsory inclusion in all impact assessments of a balanced analysis of the medium- to long-term economic, social, environmental and health impacts; |
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18.

| 19. | Calls on the Commission to use impact assessments and ex-post evaluations to examine the compatibility of initiatives, proposals or pieces of existing legislation with the Sustainable Development Goals, as well as their impact, respectively, on the progress and implementation of these Goals; |
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19.

| 20. | Recalls that the idea of a supplementary ad hoc technical independent panel contained in the Commission’s initial proposal for the new IIA was not further pursued in the course of the negotiations; points out that the aim of the creation of such a panel was to enhance the independence, transparency and objectiveness of impact assessments; recalls that it was agreed in paragraph 15 of the new IIA that Parliament and the Council, where and when they consider it appropriate and necessary, would carry out impact assessments in relation to their own substantial amendments to the Commission proposal, which are much needed in order to take an informed and well-founded decision; reminds its committees of the importance of availing themselves of this tool wherever needed; |
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20.

| 21. | Welcomes the reference in the new IIA to the inclusion of the principles of subsidiarity and proportionality in the scope of impact assessments; stresses, in this regard, that impact assessments should always encompass a thorough and rigorous analysis of the compliance of a proposal with the principles of subsidiarity and proportionality and specify its European added value; |
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21.

| 22. | Notes that a significant number of Commission proposals were not accompanied by impact assessments and that committees have expressed concern that the quality and level of detail of impact assessments varies from the comprehensive to the rather superficial; points out that in the first phase of application of the new IIA 20 out of 59 Commission proposals included in the 2017 joint declaration were not accompanied by impact assessments; recalls in this regard that, while it is in any case foreseen that initiatives which are expected to have significant social, economic or environmental impact should be accompanied by an impact assessment, paragraph 13 of the IIA also states that the initiatives included in the Commission Work Programme or the joint declaration should, as a general rule, be accompanied by an impact assessment; |
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22.

| 23. | Welcomes the fact that the IIA stipulates that the ‘European added value’ of any proposed Union action, as well as the ‘cost of non-Europe’ in the absence of action at Union level, should be taken into account when setting the legislative agenda; highlights the fact that the cost of non-Europe can be estimated at EUR 1,75 trillion per year, equivalent to 12 % of EU GDP (2016); honours the work of the Directorate for Impact Assessment and European Added Value of the European Parliamentary Research Service (EPRS) in this context; |
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23.

| 24. | Calls on the Commission to further clarify how it intends to assess the cost of non-Europe – inter alia the cost for producers, consumers, workers, administrations and the environment of not having harmonised legislation at EU level and where divergent national rules cause extra cost and render policies less effective – as referred to in paragraphs 10 and 12 of the new IIA; points out that such an assessment should not only be conducted in the event of sunset clauses, towards the end of a programme, or when a repeal is envisaged, but should also be considered in cases where action or legislation at EU level is not yet in place or under review; |
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24.

| 25. | Recalls that the former Impact Assessment Board has been replaced with the new Regulatory Scrutiny Board, thereby enhancing the independence of the Board; reiterates that the independence, transparency and objectiveness of the Regulatory Scrutiny Board and its work must be safeguarded and that the members of the Board should not be subjected to any political control (29); underlines that the Commission should ensure that all of the Board’s opinions, including negative ones, are made public and accessible at the same time as the relevant impact assessments are published; calls for an evaluation of the performance of the Regulatory Scrutiny Board in fulfilling its role of supervising and providing objective advice on impact assessments; |
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25.

| 26. | Points out that Parliament’s Directorate for Impact Assessment and European Added Value, established within its administration, assists parliamentary committees and offers them a variety of services, for which sufficient resources must be available so as to ensure that Members and committees receive the best possible support available; notes with appreciation the fact that the Conference of Committee Chairs adopted an updated version of the ‘Impact Assessment Handbook – Guidelines for Committees’ on 12 September 2017; |
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26.

| 27. | Calls on all its committees to review Commission impact assessments and to review Parliament’s ex-ante impact assessment analysis as early as possible in the legislative process; |
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27.

| 28. | Recalls that under paragraph 14 of the new IIA, upon considering Commission legislative proposals, Parliament will take full account of the Commission’s impact assessments; recalls in this context that parliamentary committees may invite the Commission to present its impact assessment and the policy option chosen at a full committee meeting and invites its committees to avail themselves of this opportunity more regularly, and of the possibility to see a presentation of the initial appraisal of the Commission’s impact assessment by Parliament’s own services; points out, however, that this must not lead to a restriction of the room for manoeuvre available to the co-legislators; |
| --- | --- |

28.

| 29. | Welcomes the possibility for the Commission to complement its own impact assessments during the legislative process; considers that paragraph 16 of the new IIA should be interpreted to the effect that, when requested by Parliament or the Council, the Commission should as a rule promptly provide such complementary impact assessments; |
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29.

| 30. | Stresses the importance of timely, public and transparent stakeholder involvement and consultation, with sufficient time for meaningful replies; maintains that it is essential for public consultations to be carried out by the Commission in all official languages during the preparatory phase; |
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30.

| 31. | Notes that, as specified in paragraph 17 of the new IIA on better law-making, ‘each of the three Institutions is responsible for determining how to organise its impact assessment work, including internal organisational resources and quality control’; |
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31.

| 32. | Welcomes the fact that in paragraph 17 of the new IIA the three Institutions committed to exchanging information on best practices and methodologies relating to impact assessments; is of the opinion that this should include the sharing of raw data underpinning the Commission’s impact assessment wherever possible, and notably whenever Parliament decides to complement the Commission’s impact assessment with its own further work; encourages, to that end, the services of the three Institutions to cooperate to the maximum possible extent, including with regard to joint training sessions on impact assessment methodologies, with a view, moreover, to achieving a future, common interinstitutional methodology; |
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32.

| 33. | Maintains that it is essential that, to quote paragraph 18 of the new IIA, ‘the Commission’s initial impact assessment and any additional impact assessment work conducted during the legislative process by the Institutions’ be made public by the end of the legislative process in order to ensure transparency in relation to citizens and stakeholders; |
| --- | --- |

33.

| 34. | Reiterates its position that stakeholders, including trade unions and civil society, should be able to provide effective input on the impact assessment process as early as possible in the consultation phase, and encourages the Commission, to that end, to make more systematic use of roadmaps and inception impact assessments and to publish them in due time at the beginning of the impact assessment process; |
| --- | --- |

34.

| 35. | Welcomes the commitment made by the Commission, before adopting a proposal, to consult widely and encourage, in particular, the direct participation of SMEs, civil society and other end-users in consultations; notes with satisfaction that the Commission’s revised Better Regulation Guidelines take such a direction; |
| --- | --- |

35.

| 36. | Underlines the new provisions for public and stakeholder consultations, which should serve as an important tool both in the preparatory phase and throughout the entire legislative process; |
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36.

| 37. | Urges the Commission to respect the mandatory deadlines set for implementation reports and reviews of directives and regulations; |
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37.

| 38. | Underlines the importance of the ex-post evaluation of existing legislation, in accordance with the ‘evaluate first’ principle, and recommends that, whenever possible, it take the form of ex-post impact assessments applying the same methodology as in the ex-ante impact assessment relating to the same piece of legislation, so as to enable a better evaluation of the performance of the latter; |
| --- | --- |

38.

| 39. | Welcomes paragraph 22 of the new IIA, wherein, in order to support the evaluation process of existing legislation, the three Institutions agree to, as appropriate, establish reporting, monitoring and evaluation requirements in legislation, while avoiding overregulation and administrative burdens, in particular on the Member States; notes the challenges linked to collecting data in the Member States on the performance of legislation and encourages the Commission and the Member States to step up their efforts in this regard; |
| --- | --- |

39.

| 40. | Welcomes paragraph 23 of the new IIA, wherein the three Institutions agree to systematically consider the use of review clauses in legislation; invites the Commission to include review clauses in its proposals whenever appropriate and, if not, to state its reasons for departing from this general rule; |
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40.

Legislative instruments

| 41. | Welcomes the commitments made by the Commission as regards the scope of the explanatory memorandum accompanying each of its proposals; expresses particular satisfaction at the fact that the Commission will also explain how the measures proposed are justified in the light of the principles of subsidiarity and proportionality; underlines, in this regard, the importance of a strengthened and comprehensive assessment and justification regarding compliance with these principles as well as the European added value of the measure proposed; |
| --- | --- |

41.

| 42. | Considers that consistency between the explanatory memorandum and the impact assessment related to the same proposal is necessary; invites the Commission, therefore, to ensure such consistency and to explain the choice made where it deviates from the conclusions of the impact assessment; |
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42.

| 43. | Draws attention to the fact that in paragraph 25 of the new IIA, the Commission only committed to taking ‘due account of the difference in nature and effects between regulations and directives’; reiterates its request that, pursuing the same approach as that outlined in the Monti report, greater use should be made of regulations in legislative proposals (30), in accordance with the legal requirements established by the Treaties as to their use, in order to ensure consistency, simplicity and legal certainty across the Union; |
| --- | --- |

43.

| 44. | Welcomes the three Institutions’ commitment to exchanging views on modifications of the legal basis, as referred to in paragraph 25 of the new IIA; stresses the role and the expertise of its Committee on Legal Affairs in verifying legal bases (31); recalls Parliament’s position that it will resist any attempt to undermine the legislative powers of Parliament by means of unwarranted modifications of the legal basis; invites the Council to fully respect its commitment to pursuing a dialogue with Parliament in the event of disagreement over the proposed legal basis, especially in politically sensitive files; |
| --- | --- |

44.

| 45. | Highlights the fact that the choice of legal basis for a Commission proposal should be made on objective grounds which are subject to judicial review; stresses, however, Parliament’s right, as co-legislator, to propose modifications to the legal basis, on the basis of its interpretation of the Treaties; |
| --- | --- |

45.

Delegated and implementing acts

| 46. | Underlines the importance of the principle enshrined in paragraph 26 of the new IIA and reiterates that it is the competence of the legislator to decide, within the limits of the Treaties, and in the light of the case law of the CJEU, whether and to what extent to use delegated acts and whether and to what extent to use implementing acts (32); |
| --- | --- |

46.

| 47. | Notes that the delegation of power to the Commission is not merely a technical issue but can also involve questions of political sensitivity which are of considerable importance to EU citizens, consumers and businesses; |
| --- | --- |

47.

| 48. | Welcomes the Commission’s effort to comply with the deadline referred to in paragraph 27 of the new IIA for proposing the alignment of all basic acts which still refer to the RPS; further considers that, as a rule, all cases previously dealt with under the RPS should now be aligned to Article 290 TFEU and thus be converted into delegated acts (33); |
| --- | --- |

48.

| 49. | Warns that the inclusion of the obligation for the Commission of systematic recourse to Member States’ experts in connection with the preparation of delegated acts should not amount to making the relevant procedure very similar, if not altogether identical, to that established for the preparation of implementing acts, especially as regards procedural prerogatives conferred upon those experts; considers that this may also blur the differences between the two types of acts to the extent that it could imply a de facto revival of the pre-Lisbon comitology mechanism; |
| --- | --- |

49.

| 50. | Expresses dissatisfaction at the fact that, in spite of the concessions made by Parliament, the Council is still very reluctant to accept delegated acts when the criteria under Article 290 TFEU are met; recalls that, as laid down in its recital 7, the new IIA should facilitate the negotiations in the framework of the ordinary legislative procedure and improve the application of Articles 290 and 291 TFEU; points out that in several legislative files the Council, nevertheless, insisted either on the conferral of implementing powers under Article 291 TFEU or on the inclusion of all the elements in abstracto eligible for the delegation of powers or for the conferral of implementing powers in the basic act itself; expresses disappointment at the fact that, in those cases, the Commission did not defend its own original proposals; |
| --- | --- |

50.

| 51. | Is very concerned that the Council is trying almost systematically to replace delegated acts with implementing acts; finds it particularly unacceptable that the Council is trying to use the post-Lisbon alignment to replace the RPS with implementing acts, rather than delegated acts; |
| --- | --- |

51.

| 52. | Welcomes the start of the interinstitutional negotiations referred to in paragraph 28 of the new IIA; confirms its position on the non-binding criteria for the application of Articles 290 and 291 TFEU as established in its resolution of 25 February 2014 (34); considers that they should be the basis for those negotiations; |
| --- | --- |

52.

| 53. | Recalls that politically significant elements, such as Union lists or registers of products or substances, should remain an integral part of a basic act – where appropriate in the form of annexes – and should therefore only be amended by means of delegated acts; stresses that the creation of self-standing lists should be avoided in the interests of legal certainty; |
| --- | --- |

53.

| 54. | Considers that the criteria for the application of Articles 290 and 291 TFEU must take account of the rulings of the CJEU, such as those issued in the Biocides case, in the CEF delegated act case and in the Visa Reciprocity Mechanism case (35); |
| --- | --- |

54.

| 55. | Welcomes the Commission’s commitment, should broader expertise be needed for the early preparation of draft implementing acts, to make use of expert groups, consult targeted stakeholders and carry out public consultations, as appropriate; considers that, whenever any such consultation process is initiated, Parliament should be duly informed; |
| --- | --- |

55.

| 56. | Notes with appreciation the fact that the Commission, in paragraph 28 of the new IIA, agreed to ensure that Parliament and the Council have equal access to all information on delegated and implementing acts, so that they will receive all documents at the same time as Member States’ experts; welcomes the fact that experts from Parliament and the Council will systematically have access to the meetings of Commission expert groups to which Member States’ experts are invited and which concern the preparation of delegated acts; calls on the Commission to abide by this commitment genuinely and consistently; notes that such access has already improved; |
| --- | --- |

56.

| 57. | Emphasises the need to improve informal cooperation during the preparatory phase of delegated acts and implementing acts; warns against losing sight of the intention of the co-legislators, as expressed in a legislative act and as a part of its aim, when preparing delegated and implementing acts; emphasises the importance of the Delegated Act Register, which is now operational; |
| --- | --- |

57.

| 58. | Regrets the fact that on many occasions the Commission considers level 2 measures proposed by the three financial services authorities (ESAME, EBA and EIOPA) as adopted without changes, which reduces the amount of scrutiny time available to Parliament when important or a substantial number of changes are introduced; |
| --- | --- |

58.

| 59. | Commends the swift progress made at interinstitutional level in the establishment of a joint functional register of delegated acts and welcomes its official launch of 12 December 2017; |
| --- | --- |

59.

| 60. | Looks forward to making use of a well-structured and user-friendly functional register of delegated acts, which was published on 12 December 2017 and had been requested by Parliament; |
| --- | --- |

60.

| 61. | Notes that improved legislative procedures at EU level, with timely and deeper interinstitutional cooperation, can lead to a more consistent and harmonised application of EU law; |
| --- | --- |

61.

Transparency and coordination of the legislative process

| 62. | Welcomes the fact that under paragraph 32 of the new IIA, Parliament and the Council, as the co-legislators, are to exercise their powers on an equal footing, and the Commission must carry out its role as facilitator by treating the two branches of the legislative authority equally; recalls that this principle is already enshrined in the Treaty of Lisbon; requests, therefore, that the Commission make available and, when feasible, public, all relevant documents relating to legislative proposals, including non-papers, to both legislators at the same time; |
| --- | --- |

62.

| 63. | Deplores the fact that paragraphs 33 and 34 of the new IIA have not yet led to an improvement in the information flow from the Council, notably since there seems to be a general lack of information on the issues raised by the Member States within the Council and no systematic approach to facilitate the mutual exchange of views and information; notes with concern that the information flow usually varies greatly from Presidency to Presidency and varies between services of the Council’s General Secretariat; underlines the asymmetrical access to information between the co-legislators, since the Council can attend parliamentary committee meetings but Parliament representatives are not invited to attend the meetings of the Council’s working groups; considers, therefore, that a coherently transparent approach is desirable; suggests that the Council should as a rule conduct all its meetings in public, as Parliament does; |
| --- | --- |

63.

| 64. | Requests that paragraphs 33 and 34 of the new IIA be fully implemented; asks the Council, in particular, that the agendas, working documents and presidency proposals of working parties and the Committee of Permanent Representatives of the Governments of the Member States (Coreper) be transmitted to Parliament in a regular and structured manner in order to allow for a matching level of information between co-legislators; considers that paragraphs 33 and 34 of the new IIA should be interpreted to the effect that, in addition to informal exchanges of views, Parliament may be invited to send a representative to the meetings of the Council’s working parties and Coreper; |
| --- | --- |

64.

| 65. | Stresses that, within the meaning of paragraphs 35 and 36 respectively of the new IIA, synchronisation and acceleration of the legislative process may only be pursued while ensuring that the prerogatives of each Institution are fully preserved; considers, therefore, that on no account may synchronisation or acceleration entail the imposition of a timetable on Parliament by other Institutions; |
| --- | --- |

65.

| 66. | Urges that efforts be stepped up to set up the dedicated joint database on the state of play of legislative files referred to in paragraph 39 of the new IIA; recalls that this database should include information on all steps of the legislative procedure to facilitate its traceability; suggests that this should also include information on the impact assessment process; |
| --- | --- |

66.

| 67. | Reminds the three EU institutions that further progress is needed in establishing a dedicated joint database on the state of play of legislative files; |
| --- | --- |

67.

| 68. | Proposes that the Council meets Parliament at least once during the consultation procedure to allow Parliament to present and explain the reasons for the approved amendments, and the Council to state its position on each of them; proposes, in any case, that the Council provide a written reply; |
| --- | --- |

68.

| 69. | Suggests that Parliament conduct a quantitative study on the effectiveness of the consultation procedure; |
| --- | --- |

69.

| 70. | Urges the Commission to respect the timeframe set in the European Supervisory Authorities Regulation for deciding whether to endorse, amend or not to endorse draft technical standards, and, as a minimum, to officially inform the co-legislators well in advance if it, on an exceptional basis, is unable to respect such a timeframe, as well as stating its reasons for this; underlines the fact that the Commission recently omitted to do so in numerous cases; reminds the Commission that procedures through which Parliament declares it has no objections to an act are not intended to compensate for delays originating from the Commission’s side and that these procedures significantly impact the time available for Parliament to exercise its scrutiny rights; |
| --- | --- |

70.

| 71. | Welcomes the fact that the interinstitutional negotiations referred to in paragraph 40 of the new IIA began in November 2016; notes with disappointment that after more than one year of discussions, three rounds of negotiations at political level and a number of meetings at technical level, no agreement has yet been reached despite clear and established case law; notes the progress made so far and strongly insists that these negotiations should be concluded still under the Bulgarian Presidency; |
| --- | --- |

71.

| 72. | Welcomes the written briefings provided by the Commission ahead of international conferences and the daily oral briefings provided by the Council Presidency and the Commission during those conferences; |
| --- | --- |

72.

| 73. | Regrets the fact that Parliament is not allowed to attend, as an observer, EU coordination meetings during international conferences; |
| --- | --- |

73.

| 74. | Reminds the Council and the Commission that practical arrangements in relation to international agreements must be compliant with the Treaties, notably Article 218(10) TFEU, and take account of rulings of the CJEU, such as those issued in the Tanzania case and the Mauritius case (36); |
| --- | --- |

74.

| 75. | Calls on the other institutions to comply with the Treaties and regulations and to observe the relevant jurisprudence in order to ensure that Parliament:






  (a) | is immediately, fully and accurately informed during the whole life-cycle of international agreements in a proactive, structured and streamlined way, without undermining the EU’s negotiation position, and is given sufficient time to express its views at all stages and have them taken into account as far as possible; |
| --- | --- | --- |

75.

(a)

is immediately, fully and accurately informed during the whole life-cycle of international agreements in a proactive, structured and streamlined way, without undermining the EU’s negotiation position, and is given sufficient time to express its views at all stages and have them taken into account as far as possible;

| (b) | is accurately informed and involved in the implementation stage of the agreements, especially in regard to the decisions taken by the bodies set up by agreements, and is allowed to fully exercise its rights as a co-legislator when they impact EU legislation; |
| --- | --- |

(b)

is accurately informed and involved in the implementation stage of the agreements, especially in regard to the decisions taken by the bodies set up by agreements, and is allowed to fully exercise its rights as a co-legislator when they impact EU legislation;

| (c) | is proactively informed about the Commission’s position in international fora, such as the WTO, UNCTAD, OECD, UNDP, FAO and UNHRC; |
| --- | --- |

(c)

is proactively informed about the Commission’s position in international fora, such as the WTO, UNCTAD, OECD, UNDP, FAO and UNHRC;

| 76. | Believes it is essential to respect horizontally the long-standing practice of awaiting Parliament’s consent before provisionally applying the trade and investment provisions of politically important agreements, as also committed to by Commissioner Malmström in her hearing on 29 September 2014; calls on the Council, the Commission and the European External Action Service to continue to extend this practice to all international agreements; |
| --- | --- |

76.

| 77. | Notes that Parliament stands ready to seize the CJEU again to ensure that the rights of Parliament are respected, should no conclusive progress be made in the near future in the negotiations on paragraph 40 of the new IIA; |
| --- | --- |

77.

| 78. | Notes that each of the institutions should be mindful that their responsibility as legislators does not end once international agreements are concluded; stresses the need for close monitoring of implementation and ongoing efforts to ensure that agreements are meeting their aims; calls for the institutions to extend best practice and a collaborative approach to the implementation and evaluation phases of international agreements; |
| --- | --- |

78.

| 79. | Notes that impact assessments including an analysis of the human rights situation can be an important tool in negotiating trade and investment agreements, helping parties to comply with their human rights obligations, and recalls the binding character of agreements such as the International Covenant on Economic, Social and Cultural Rights; |
| --- | --- |

79.

| 80. | Calls on the Commission and the Council to fully respect the distribution of competences between the EU and its Member States, as can be deduced from the CJEU Opinion 2/15 of 16 May 2017, for the adoption of negotiating directives, negotiations and the legal basis of proposals to sign and conclude, and in particular for the Council’s signature and the conclusion of international trade agreements; |
| --- | --- |

80.

| 81. | Calls on European representatives to pay particular attention to consistency between international standards/requirements and adopted binding EU legislation; |
| --- | --- |

81.

| 82. | Calls on the Commission to disclose documents outlining its stance in the international organisations which set standards in the financial, monetary and regulatory fields, in particular the Basel Committee on Banking Supervision; requests that Parliament be fully informed at all stages of the development of international standards that may have an impact on EU law; |
| --- | --- |

82.

| 83. | Calls for the establishment and formalisation of a financial dialogue on the adoption and coherence of European positions in the run-up to major international negotiations, in accordance with its resolution of 12 April 2016 on the EU role in the framework of international financial, monetary and regulatory institutions and bodies (37); emphasises that on the basis of detailed guidelines, which could be supplemented by proactive guidance resolutions, these positions should be discussed and known ex ante and a follow-up should be ensured, with the Commission reporting back regularly on the application of these guidelines; |
| --- | --- |

83.

| 84. | Recalls its statement adopted on 15 March 2018 on the location of the seat of the European Medicines Agency (38), in which Parliament regretted that its role and rights as equal co-legislator with the Council had not been duly taken into account; |
| --- | --- |

84.

| 85. | Acknowledges the mandate approved by the Coreper on 6 December 2017 agreeing on the Council’s position on the Commission proposal for a mandatory transparency register; calls on all parties to finalise the negotiations in a spirit of good cooperation to improve the transparency of the legislative process; |
| --- | --- |

85.

| 86. | Takes due note of the De Capitani judgment (39), which reaffirms that the principles of publicity and transparency are inherent to the EU legislative process and that no general presumption of non-disclosure can be upheld as regards legislative documents, including trilogue documents; |
| --- | --- |

86.

Implementation and application of Union legislation

| 87. | Underlines the importance of the principle set out in paragraph 43 of the new IIA, that when the Member States, in the context of transposing directives into national law, choose to add elements that are in no way related to that Union legislation, such additions should be made identifiable either through the transposing act(s) or through associated documents; notes that this information is often still lacking; calls on the Commission and the Member States to act jointly and consistently to tackle the lack of transparency and other problems related to ‘gold-plating’ (40); |
| --- | --- |

87.

| 88. | Is of the opinion that in the implementation and transposition of EU acts, a clear distinction must be made between cases of ‘gold-plating’, in which Member States introduce additional administrative requirements unrelated to EU legislation, and the setting of higher standards that go beyond EU-wide minimum standards for environmental and consumer protection, healthcare and food safety; |
| --- | --- |

88.

| 89. | Considers that, in order to reduce the problems related to ‘gold-plating’, the three Institutions should commit to adopting EU legislation which is clear, easily transposable and which has a specific European added value; recalls that, while additional unnecessary administrative burdens should be avoided, this should not prevent the Member States from maintaining or taking more ambitious measures and adopting higher social, environmental and consumer protection standards in cases where only minimum standards are defined by Union law; |
| --- | --- |

89.

| 90. | Calls on the Member States to refrain as much as possible from creating additional administrative requirements when transposing EU legislation, and in accordance with paragraph 43 of the Interinstitutional Agreement, to make such additions identifiable in the transposing act or associated documents; |
| --- | --- |

90.

| 91. | Recalls that, under paragraph 44 of the new IIA, Member States are called upon to cooperate with the Commission in obtaining information and data needed to monitor and evaluate implementation of Union law; calls, therefore, on the Member States to take all necessary measures to respect their commitments, including by providing correlation tables containing clear and precise information on the national measures transposing directives in their domestic legal order, as agreed in the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents and in the Joint Political Declaration of 27 October 2011 of the European Parliament, the Council and the Commission on explanatory documents; |
| --- | --- |

91.

| 92. | Considers that the commitment made by the Commission under paragraph 45 of the new IIA should be interpreted to the effect that, with due respect for confidentiality rules, Parliament’s access to information relating to pre-infringement and infringement procedures will improve considerably; reiterates, to that end, its long-standing requests to the Commission as regards the data which Parliament is entitled to access (41); |
| --- | --- |

92.

| 93. | Reiterates its appreciation for the EU Pilot problem-solving mechanism as a more informal, but nonetheless effective, way to ensure compliance with Union law on the part of the Member States (42); disapproves of the Commission’s announcement that, as a rule, it will launch infringement procedures without relying on the mechanism anymore (43); |
| --- | --- |

93.

| 94. | Points out that Members of the Commission are required to respect the legislative prerogatives of Members of the European Parliament; is of the opinion that they should provide Parliament with all the independently conducted studies on the basis of which they have taken their decisions, while at the same time disclosing those which contradict their conclusions; |
| --- | --- |

94.

| 95. | Regrets that not all translations of legislative proposals are made available at the same time, which delays the legislative process; |
| --- | --- |

95.

| 96. | Stresses that when it comes to its application, effective EU legislation must aim to ensure that the procedures established therein match the underlying purpose of the piece of legislation itself, and particularly the ultimate goal of protecting the environment when it comes to ensuring a high degree of environmental protection; |
| --- | --- |

96.

| 97. | Acknowledges the importance of the work being done in the Committee on Petitions in assessing the quality of EU law-making with regard to its actual implementation, and as a basis for improving legislative texts and procedures; notes in this regard the importance of genuine interinstitutional cooperation with the Commission when it comes to ensuring that the petitions are properly examined; |
| --- | --- |

97.

Simplification

| 98. | Welcomes the commitment made in paragraph 46 of the new IIA for a more frequent use of the legislative technique of recasting; reiterates that this technique should constitute the ordinary legislative technique as an invaluable tool to achieve simplification (44); considers, however, that in the event of a complete policy overhaul, the Commission should, instead of using the recasting technique, put forward a proposal for an entirely new legal act repealing existing legislation, so that the co-legislators can engage in broad and effective political discussions and see their prerogatives as enshrined in the Treaties fully preserved; |
| --- | --- |

98.

| 99. | Recalls that, in assessing unnecessary regulatory and administrative burdens, pursuant to the agreement made by the three Institutions in paragraphs 47 and 48 of the new IIA, and when examining possible burden reduction objectives in order to lower costs for administrations and businesses, including SMEs, better law-making can, where appropriate, also mean more EU legislation, including harmonisation of disparities in national legislation, taking account of the benefits of legislative measures and the consequences of failure to act at EU level with regard to social, environmental and consumer protection standards, and bearing in mind that Member States are free to apply higher standards if only minimum standards are defined by Union law; recalls, furthermore, that the horizontal social clause enshrined in Article 9 TFEU requires the Union to give careful consideration to the impact of EU legislation on social standards and employment, involving proper consultation of social stakeholders, in particular trade unions, consumers and representatives of vulnerable groups’ interests, with respect for the autonomy of the social partners and the agreements that they may conclude in accordance with Article 155 TFEU; stresses, therefore, that the reduction of administrative burdens does not necessarily mean deregulation and that, in any event, it must not compromise fundamental rights and environmental, social, labour, health and safety, consumer protection, gender-equality or animal welfare standards, including the information requirements related thereto, and thus must not be detrimental to workers’ rights – regardless of the size of the company –, or lead to an increase in precarious employment contracts; |
| --- | --- |

99.

| 100. | Welcomes the Commission’s first annual burden survey undertaken in the context of simplification of EU legislation, for which it carried out a Flash Eurobarometer survey on business perceptions of regulation, interviewing over 10 000 businesses across the 28 Member States, mainly SMEs and reflecting the distribution of business in the EU; draws attention to the findings of the survey, which confirm that the focus on cutting unnecessary costs remains appropriate and suggest that there is a complex interplay of different factors that influence the perception of businesses, which may also be caused by variations in national administrative and legal set-ups concerning the implementation of legislation; points out that gold-plating and even inaccurate media coverage can also affect such perception; considers that the concept of the annual burden survey, while being an important tool for the identification of problems with the implementation and application of EU legislation, may not give rise to the assumption that regulation results by its nature in excessive administrative burdens; agrees with the Commission that the only way to identify concretely what can actually be simplified, streamlined or eliminated is to seek views from all stakeholders, including those who have less powerful representation, on specific pieces of legislation or various pieces of legislation that apply to a particular sector; calls on the Commission to refine the annual burden survey, on the basis of the lessons learnt from the first edition, to apply transparent and verifiable data collection methods, to pay particular regard to SMEs’ needs, and to include both actual and perceived burdens; |
| --- | --- |

100.

| 101. | Takes note, furthermore, of the outcome of the Commission’s assessment of the feasibility, without detriment to the purpose of legislation, of establishing objectives to reduce burdens in specific sectors; encourages the Commission to set burden reduction objectives for each initiative in a flexible but evidence-based and reliable manner, and in full consultation with stakeholders, as it does already under REFIT; |
| --- | --- |

101.

| 102. | Stresses that an EU standard generally replaces 28 national standards, thereby underpinning the single market and cutting down on bureaucracy; |
| --- | --- |

102.

| 103. | Stresses the importance of avoiding unnecessary bureaucracy and taking into account the correlation between company size and the resources required to implement obligations; |
| --- | --- |

103.

Implementation and monitoring of the new IIA

| 104. | Notes that the Conference of Presidents will receive a regular report, drawn up by the President, outlining the current state of play of implementation both internally and interinstitutionally; considers that this report should take due account of the assessment made by the Conference of Committee Chairs on the basis of the experiences of the various committees, in particular the Committee on Legal Affairs, as the committee responsible for better law-making and the simplification of Union law (45); |
| --- | --- |

104.

| 105. | Welcomes the first annual interinstitutional high-level political stocktaking meeting on the implementation of the IIA, which took place on 12 December 2017; encourages the Conference of Committee Chairs to provide the Conference of Presidents with any recommendation it deems appropriate on the implementation of the new IIA; |
| --- | --- |

105.

o

o o

| 106. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

106.

---

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

(2)  OJ L 304, 20.11.2010, p. 47.

(3)  OJ C 321, 31.12.2003, p. 1.

(4)  OJ C 102, 4.4.1996, p. 2.

(5)  OJ C 73, 17.3.1999, p. 1.

(6)  OJ C 77, 28.3.2002, p. 1.

(7)  OJ C 145, 30.6.2007, p. 5.

(8)  OJ C 369, 17.12.2011, p. 15.

(9)  OJ C 484, 24.12.2016, p. 7.

(10)  OJ C 446, 29.12.2017, p. 1.

(11)  Judgment of the Court (Grand Chamber) of 18 March 2014, European Commission v European Parliament and Council of the European Union, Case C-427/12, ECLI:EU:C:2014:170; judgment of the Court (Grand Chamber) of 16 July 2015, European Commission v European Parliament and Council of the European Union, Case C-88/14, ECLI:EU:C:2015:499; judgment of the Court of 17 March 2016, European Parliament v European Commission, Case C-286/14, ECLI:EU:C:2016:183; judgment of the Court (Grand Chamber) of 14 June 2016, Parliament v Council, Case C-263/14, ECLI:EU:C:2016:435; judgment of the Court (Grand Chamber) of 24 June 2014, Parliament v Council, Case C-658/11, ECLI:EU:C:2014:2025.

(12)  Texts adopted, P8_TA(2016)0484.

(13)  OJ C 58, 15.2.2018, p. 39.

(14)  OJ C 101, 16.3.2018, p. 116.

(15)  OJ C 50, 9.2.2018, p. 91.

(16)  OJ C 289, 9.8.2016, p. 53.

(17)  OJ C 285, 29.8.2017, p. 11.

(18)  OJ C 93, 24.3.2017, p. 14.

(19)  OJ C 353 E, 3.12.2013, p. 117.

(20)  OJ C 51 E, 22.2.2013, p. 87.

(21)  OJ C 380 E, 11.12.2012, p. 31.

(22)  OJ C 50, 9.2.2018, p. 91.

(23)  See Annex II to European Parliament decision of 9 March 2016 on the conclusion of an Interinstitutional Agreement on Better Law-Making between the European Parliament, the Council of the European Union and the European Commission.

(24)  Article 6(2) of the Decision of the President of the European Commission of 19 May 2015 on the establishment of an independent Regulatory Scrutiny Board (C(2015)3263).

(25)  See COM(2016)0798 and COM(2016)0799.

(26)  See paragraph 47 of Parliament’s resolution of 9 September 2010 on Better lawmaking – 15th annual report from the Commission pursuant to Article 9 of the Protocol on the application of the principles of subsidiarity and proportionality (OJ C 308 E, 20.10.2011, p. 66).

(27)  See paragraph 16 of Parliament’s resolution of 27 November 2014 on the revision of the Commission’s impact assessment guidelines and the role of the SME test.

(28)  See paragraph 4 of Parliament’s decision of 9 March 2016 on the conclusion of an Interinstitutional Agreement on Better Law-Making between the European Parliament, the Council of the European Union and the European Commission.

(29)  See paragraph 12 of Parliament’s resolution of 27 November 2014, cited above, and paragraph 6 of Parliament’s decision of 9 March 2016, cited above.

(30)  See paragraph 5 of Parliament’s resolution of 14 September 2011 on better legislation, subsidiarity and proportionality and smart regulation, cited above.

(31)  See Rules of Procedure of the European Parliament, Annex V, point XVI.1.

(32)  See recital D of Parliament’s resolution of 25 February 2014 on follow-up on the delegation of legislative powers and control by Member States of the Commission’s exercise of implementing powers, cited above.

(33)  See paragraph 6 of Parliament’s resolution of 25 February 2014 on follow-up on the delegation of legislative powers and control by Member States of the Commission’s exercise of implementing powers, cited above.

(34)  Ibid., paragraph 1.

(35)  Judgment of the Court (Grand Chamber) of 18 March 2014, European Commission v European Parliament and Council of the European Union, cited above; judgment of the Court of 17 March 2016, European Parliament v European Commission, cited above; judgment of the Court (Grand Chamber) of 14 June 2016, Parliament v Council, cited above.

(36)  Judgment of the Court (Grand Chamber) of 14 June 2016, Parliament v Council, cited above; judgment of the Court (Grand Chamber) of 24 June 2014, Parliament v Council, cited above.

(37)  OJ C 58, 15.2.2018, p. 76.

(38)  See Texts adopted, P8_TA(2018)0086.

(39)  Judgment of the General Court (Seventh Chamber, Extended Composition) of 22 March 2018, De Capitani v European Parliament, Case T-540/15, ECLI:EU:T:2018:167.

(40)  See paragraph 7 of Parliament’s resolution of 21 November 2012 on the 28th annual report on monitoring the application of EU law (2010) (OJ C 419, 16.12.2015, p. 73).

(41)  See paragraphs 21 and 22 of Parliament’s resolution of 4 February 2014 on the 29th annual report on monitoring the application of EU law (2011).

(42)  See paragraph 16 of Parliament’s resolution of 6 October 2016 on monitoring the application of Union law: 2014 Annual Report (Texts adopted, P8_TA(2016)0385).

(43)  See point 2 of Commission communication entitled ‘EU law: Better results through better application’, cited above (see page 12 in OJ C 18, 19.1.2017).

(44)  See paragraph 41 of Parliament’s resolution of 14 September 2011, cited above.

(45)  See Rules of Procedure of the European Parliament, Annex V, point XVI.3.

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| 9.3.2020 | EN | Official Journal of the European Union | C 76/103 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/103

---

P8_TA(2018)0226

2021-2027 Multiannual Financial Framework and own resources

European Parliament resolution of 30 May 2018 on the 2021-2027 multiannual financial framework and own resources (2018/2714(RSP))

(2020/C 76/11)

The European Parliament,

| — | having regard to Articles 311, 312 and 323 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Articles 311, 312 and 323 of the Treaty on the Functioning of the European Union,

| — | having regard to the Commission communication of 2 May 2018 entitled ‘A Modern Budget for a Union that Protects, Empowers and Defends – The Multiannual Financial Framework for 2021-2027’ (COM(2018)0321), |
| --- | --- |

—

having regard to the Commission communication of 2 May 2018 entitled ‘A Modern Budget for a Union that Protects, Empowers and Defends – The Multiannual Financial Framework for 2021-2027’ (COM(2018)0321),

| — | having regard to the Commission proposals of 2 May 2018 on the multiannual financial framework (MFF) for the years 2021 to 2027 and the system of own resources of the European Union (OR), |
| --- | --- |

—

having regard to the Commission proposals of 2 May 2018 on the multiannual financial framework (MFF) for the years 2021 to 2027 and the system of own resources of the European Union (OR),

| — | having regard to the Commission proposal of 2 May 2018 for a regulation of the European Parliament and of the Council on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States (COM(2018)0324), |
| --- | --- |

—

having regard to the Commission proposal of 2 May 2018 for a regulation of the European Parliament and of the Council on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States (COM(2018)0324),

| — | having regard to its resolutions of 14 March 2018 on the next MFF: preparing the Parliament’s position on the MFF post-2020 (1) and on reform of the European Union’s system of own resources (2), |
| --- | --- |

—

having regard to its resolutions of 14 March 2018 on the next MFF: preparing the Parliament’s position on the MFF post-2020 (1) and on reform of the European Union’s system of own resources (2),

| — | having regard to the statements by the Commission and the Council of 29 May 2018 on the 2021-2027 multiannual financial framework and own resources, |
| --- | --- |

—

having regard to the statements by the Commission and the Council of 29 May 2018 on the 2021-2027 multiannual financial framework and own resources,

| — | having regard to Rule 123(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 123(2) of its Rules of Procedure,

| 1. | Takes note of the Commission proposals of 2 May 2018 on the 2021-2027 MFF and the EU own resources system, which set the basis for the upcoming negotiations; recalls that Parliament’s position is clearly set out in two resolutions adopted by very large majorities on 14 March 2018, which constitute its mandate for the negotiations; |
| --- | --- |

1.

| 2. | Urges the Council to ensure that the next financial framework reflects a clear and positive vision of the Union’s future and responds to the needs, concerns and expectations of EU citizens; stresses that the decision on the MFF will need to provide the Union with the necessary financial means to meet important challenges and attain its political priorities and objectives over the next seven-year period; expects, therefore, that the Council will act in consistency with the political commitments that it has already undertaken and will be courageous in its approach; is concerned that the Commission’s proposal weakens the main EU solidarity policies, and intends to negotiate with the Council with the aim of building a more ambitious MFF for the benefit of citizens; |
| --- | --- |

2.

| 3. | Expresses its surprise and concern that the comparative data that the Commission officially released on 18 May 2018, following the strong demand from Parliament, reveal certain discrepancies in the way those figures were presented and communicated with the MFF proposals; notes, in particular, that the increases for several EU programmes are actually significantly lower while the cuts for other programmes are significantly higher than the way they were originally presented by the Commission; underlines the need for Parliament and the Council to agree from the outset on a clear methodology in relation to the figures; declares that it will use its own calculations, based on constant prices and taking account of the UK withdrawal, for the purposes of this resolution; |
| --- | --- |

3.

| 4. | Expresses its disappointment about the proposed global level of the next MFF set at EUR 1,1 trillion, which represents 1,08 % of the EU-27 GNI after deducting the European Development Fund (currently 0,03 % of EU GNI outside the EU budget); underlines that this global level in terms of GNI percentage is lower in real terms than the level of the current MFF, despite the additional funding needed for new political priorities and emerging challenges for the Union; recalls that the current MFF is smaller than its predecessor (the 2007-2013 MFF) and has been shown to be inadequate to finance the Union’s pressing needs; |
| --- | --- |

4.

| 5. | Deplores the fact that this proposal leads directly to a reduction in the level of both the common agricultural policy (CAP) and cohesion policy, of 15 % and 10 % respectively; is particularly opposed to any radical cuts that will adversely impact on the very nature and objectives of these policies, such as the cuts proposed for the Cohesion Fund (by 45 %) or for the European Agricultural Fund for Rural Development (by more than 25 %); questions, in this context, the proposal to reduce the European Social Fund by 6 % despite its enlarged scope and the integration of the Youth Employment Initiative; |
| --- | --- |

5.

| 6. | Reconfirms its firm position on the necessary level of funding for key EU policies in the 2021-2027 MFF, in order to enable them to fulfil their mission and objectives; stresses, in particular, the call to maintain the financing of the CAP and cohesion policy for the EU-27 at least at the level of the 2014-2020 budget in real terms, while respecting the overall architecture of these policies, to triple the current budget for the Erasmus+ programme, to double the specific funding for SMEs and for tackling youth unemployment, to increase the current budget for research and innovation by at least 50 % to reach EUR 120 billion, to double the Life+ programme, to significantly increase investment through the Connecting Europe Facility, and to secure additional financing for security, migration and external relations; underlines, consequently, its position to set the 2021-2027 MFF at the level of 1,3 % of the EU-27 GNI; |
| --- | --- |

6.

| 7. | Stresses the importance of the horizontal principles that should underpin the MFF and all related EU policies; reaffirms, in this context, its position that the EU must deliver on its commitment to be a frontrunner in implementing the UN Sustainable Development Goals (SDGs) and deplores the lack of a clear and visible commitment to that end in the MFF proposals; requests, therefore, the mainstreaming of the SDGs into all EU policies and initiatives of the next MFF; further emphasises that the elimination of discrimination is vital to fulfil the EU’s commitments towards an inclusive Europe and deplores the lack of gender mainstreaming and gender equality commitments in EU policies, as presented in the MFF proposals; underlines also its position that, following the Paris Agreement, climate-related spending should be significantly increased in comparison with the current MFF and reach 30 % as soon as possible and at the latest by 2027; |
| --- | --- |

7.

| 8. | Supports the Commission proposals on the reform of the EU own resources system, which represents a very positive revenue component of the 2021-2027 MFF package; welcomes, therefore, the proposed introduction of three new EU own resources and the simplification of the current VAT-based own resource; underlines that these proposals, directly inspired by the work of the interinstitutional High-Level Group on Own Resources, were also part of the proposed basket put forward by Parliament in its resolution of 14 March 2018; notes with satisfaction that these new resources correspond to two strategic objectives of the Union, namely the proper functioning of the internal market and the protection of the environment and the fight against climate change; expects the support of the Council and the Commission in order to reinforce Parliament’s role in the procedure for the adoption of own resources; recalls once more its position that the expenditure and revenue side of the next MFF should be treated as a single package in the upcoming negotiations, and that no agreement can be reached with Parliament on the MFF without corresponding headway being made on own resources; |
| --- | --- |

8.

| 9. | Welcomes, moreover, the principle that future revenues arising directly from EU policies should flow to the EU budget, and fully supports the elimination of all rebates and corrections; wonders at what pace these new own resources will be introduced in order to reduce national contributions; questions, however, the absence of Commission proposals on the creation of a special reserve in the EU budget to be filled up by all types of unforeseen other revenue, including competition fines imposed on companies, as well as a tax on large companies in the digital sector and the Financial Transaction Tax as new EU own resources; |
| --- | --- |

9.

| 10. | Recalls its position in favour of setting up a mechanism whereby Member States that do not respect the values enshrined in Article 2 of the Treaty on European Union can be subject to financial consequences; notes the Commission proposal on the ‘Protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States’, which was presented as part of the overall MFF package; intends to closely examine all elements of this proposal and introduce the necessary provisions to guarantee that the final beneficiaries of the Union budget can in no way be affected by breaches of rules for which they are not responsible; |
| --- | --- |

10.

| 11. | Is convinced of the need to have a legally binding and compulsory MFF mid-term revision, which should be proposed and established in due time to allow the next Parliament and Commission to conduct a meaningful adjustment of the 2021-2027 framework; intends to improve the formulation of the proposed article in the MFF Regulation; |
| --- | --- |

11.

| 12. | Considers the Commission proposals on flexibility to represent a good basis for the negotiations; welcomes, in particular, several proposals that improve the current provisions, notably the re-use of decommitted appropriations for the Union reserve, the increased allocations of special instruments, and the dismissal of any constraints for the Global Margin for Payments, in line with Parliament’s requests in this area; intends to negotiate additional improvements, wherever necessary; |
| --- | --- |

12.

| 13. | Notes the Commission proposal to establish a European investment stabilisation mechanism, which will complement the stabilisation function of national budgets in the event of major asymmetric shocks; intends to closely examine this proposal, especially in terms of its objectives and volume; |
| --- | --- |

13.

| 14. | Stresses that the Commission proposals officially launch a period of intense negotiations within the Council, but also between the Council and Parliament with a view to securing Parliament’s consent to the MFF Regulation; underlines that all elements of the MFF/OR package, including the MFF figures, should remain on the negotiating table until a final agreement is reached; expresses its readiness to enter immediately into a structured dialogue with the Council, in order to allow for a better understanding of Parliament’s expectations and facilitate a timely agreement; considers, therefore, that the recent launch of regular meetings between the successive Council presidencies and Parliament’s negotiating team is an essential starting-point in the procedure leading to the adoption of the next MFF; |
| --- | --- |

14.

| 15. | Instructs its President to forward this resolution to the Council, the Commission, the other institutions and bodies concerned, and the governments and parliaments of the Member States. |
| --- | --- |

15.

---

(1)  Texts adopted, P8_TA(2018)0075.

(2)  Texts adopted, P8_TA(2018)0076.

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| 9.3.2020 | EN | Official Journal of the European Union | C 76/106 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/106

---

P8_TA(2018)0228

Annual Report on the functioning of the Schengen area

European Parliament resolution of 30 May 2018 on the annual report on the functioning of the Schengen area (2017/2256(INI))

(2020/C 76/12)

The European Parliament,

| — | having regard to the Commission communication of 27 September 2017 on preserving and strengthening Schengen (COM(2017)0570), |
| --- | --- |

—

having regard to the Commission communication of 27 September 2017 on preserving and strengthening Schengen (COM(2017)0570),

| — | having regard to the Commission communication of 4 March 2016 entitled ‘Back to Schengen – A Roadmap’ (COM(2016)0120), |
| --- | --- |

—

having regard to the Commission communication of 4 March 2016 entitled ‘Back to Schengen – A Roadmap’ (COM(2016)0120),

| — | having regard to Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard (1) (‘the EBCG Regulation’), |
| --- | --- |

—

having regard to Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard (1) (‘the EBCG Regulation’),

| — | having regard to the Schengen Borders Code, and in particular Articles 14 and 17 thereof, |
| --- | --- |

—

having regard to the Schengen Borders Code, and in particular Articles 14 and 17 thereof,

| — | having regard to Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) (2), |
| --- | --- |

—

having regard to Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) (2),

| — | having regard to Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European border surveillance system (Eurosur) (3), |
| --- | --- |

—

having regard to Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European border surveillance system (Eurosur) (3),

| — | having regard to Rule 52 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0160/2018), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0160/2018),

| A. | whereas the Schengen area is a unique arrangement and one of the greatest achievements of the European Union, allowing free movement of people within the Schengen area without controls at internal borders; whereas this has been made possible through a variety of compensating measures, such as reinforcing the exchange of information through the establishment of the Schengen Information System (SIS) and creating an evaluation mechanism to verify the implementation of the Schengen acquis by Member States and foster mutual trust in the functioning of the Schengen area; whereas mutual trust also demands solidarity, security, judicial and police cooperation in criminal matters, joint protection of EU external borders, a common understanding and common policies on migration, visas and asylum, and respect for international and European law in this area; |
| --- | --- |

A.

whereas the Schengen area is a unique arrangement and one of the greatest achievements of the European Union, allowing free movement of people within the Schengen area without controls at internal borders; whereas this has been made possible through a variety of compensating measures, such as reinforcing the exchange of information through the establishment of the Schengen Information System (SIS) and creating an evaluation mechanism to verify the implementation of the Schengen acquis by Member States and foster mutual trust in the functioning of the Schengen area; whereas mutual trust also demands solidarity, security, judicial and police cooperation in criminal matters, joint protection of EU external borders, a common understanding and common policies on migration, visas and asylum, and respect for international and European law in this area;

| B. | whereas in recent years several factors have impacted the functioning of the Schengen area; whereas these factors include the impact of international movements and tourist flows, which were the initial motivation for the so-called ‘Smart Borders’ legislation, as well as the significant numbers of asylum seekers and irregular migrants with related secondary movements and the subsequent reintroduction and prolongation of internal border controls by some Member States since 2014; whereas the reintroduction of controls at internal borders seems linked to a perception of threats to public policy and internal security related to movement of people and terrorism, the numbers of persons seeking international protection and irregular migrants arriving rather than sound evidence of the actual existence of a serious threat or the actual number of those arriving; whereas these factors also include terrorism and a heightened threat to public policy and the internal security of the Member States; |
| --- | --- |

B.

whereas in recent years several factors have impacted the functioning of the Schengen area; whereas these factors include the impact of international movements and tourist flows, which were the initial motivation for the so-called ‘Smart Borders’ legislation, as well as the significant numbers of asylum seekers and irregular migrants with related secondary movements and the subsequent reintroduction and prolongation of internal border controls by some Member States since 2014; whereas the reintroduction of controls at internal borders seems linked to a perception of threats to public policy and internal security related to movement of people and terrorism, the numbers of persons seeking international protection and irregular migrants arriving rather than sound evidence of the actual existence of a serious threat or the actual number of those arriving; whereas these factors also include terrorism and a heightened threat to public policy and the internal security of the Member States;

| C. | whereas the strengthening of the EU’s external borders and the introduction of systematic checks against relevant data bases, including for European citizens, were part of the measures put in place to protect the Schengen area; |
| --- | --- |

C.

whereas the strengthening of the EU’s external borders and the introduction of systematic checks against relevant data bases, including for European citizens, were part of the measures put in place to protect the Schengen area;

| D. | whereas some Member States have reacted to the arrivals of asylum seekers and refugees by re-establishing controls at their internal borders on the grounds of ‘regulating’ the movement of third-country nationals seeking international protection, even though Article 14(1) of the Schengen Borders Code stipulates that the ‘normal border procedure’ does not apply to asylum seekers; whereas there is a need to implement a fair system of shared responsibility for the assessment of asylum applications; |
| --- | --- |

D.

whereas some Member States have reacted to the arrivals of asylum seekers and refugees by re-establishing controls at their internal borders on the grounds of ‘regulating’ the movement of third-country nationals seeking international protection, even though Article 14(1) of the Schengen Borders Code stipulates that the ‘normal border procedure’ does not apply to asylum seekers; whereas there is a need to implement a fair system of shared responsibility for the assessment of asylum applications;

| E. | whereas, from March 2016, the Commission has proposed a series of measures with a view to restoring the normal functioning of the Schengen area; whereas the proper functioning of the Schengen area has not yet been restored and depends primarily on the Member States, the trust they have in each other, the solidarity they demonstrate in support of the countries of first entry, the adoption of adequate measures and the implementation of such measures, in particular by Member States; |
| --- | --- |

E.

whereas, from March 2016, the Commission has proposed a series of measures with a view to restoring the normal functioning of the Schengen area; whereas the proper functioning of the Schengen area has not yet been restored and depends primarily on the Member States, the trust they have in each other, the solidarity they demonstrate in support of the countries of first entry, the adoption of adequate measures and the implementation of such measures, in particular by Member States;

| F. | whereas incentives for Member States to adopt measures to re-establish the proper functioning of the Schengen area depend mainly on the non-renewal of border control requests; |
| --- | --- |

F.

whereas incentives for Member States to adopt measures to re-establish the proper functioning of the Schengen area depend mainly on the non-renewal of border control requests;

| G. | whereas maintaining internal border controls in the Union or reintroducing such controls in the Schengen area has a serious impact on the lives of European citizens and all those who benefit from the principle of free movement within the EU, and seriously undermines their trust in the European institutions and integration; whereas maintaining or reintroducing internal border controls entails direct operational and investment costs for cross-border workers, tourists, road freight transporters and public administrations, with crippling effects on the economies of the Member States; whereas estimates of the costs linked to the reintroduction of border controls range between EUR 0,05 billion and EUR 20 billion in one-off costs and EUR 2 billion in annual operating costs (4); whereas cross-border regions are particularly affected; |
| --- | --- |

G.

whereas maintaining internal border controls in the Union or reintroducing such controls in the Schengen area has a serious impact on the lives of European citizens and all those who benefit from the principle of free movement within the EU, and seriously undermines their trust in the European institutions and integration; whereas maintaining or reintroducing internal border controls entails direct operational and investment costs for cross-border workers, tourists, road freight transporters and public administrations, with crippling effects on the economies of the Member States; whereas estimates of the costs linked to the reintroduction of border controls range between EUR 0,05 billion and EUR 20 billion in one-off costs and EUR 2 billion in annual operating costs (4); whereas cross-border regions are particularly affected;

| H. | whereas the construction of walls and fences at the EU’s external and internal borders by various Member States is increasing and is being used as a deterrent for entry and transit of asylum seekers, inter alia, into EU territory; recalls that, according to the Transnational Institute (TNI), it is estimated that European countries have built more than 1 200 kilometres of walls and borders at a cost of at least EUR 500 million and that, from 2007 to 2010, EU funds have contributed to the deployment of 545 border surveillance systems, covering 8 279 kilometres of the EU’s external borders and 22 347 surveillance devices; |
| --- | --- |

H.

whereas the construction of walls and fences at the EU’s external and internal borders by various Member States is increasing and is being used as a deterrent for entry and transit of asylum seekers, inter alia, into EU territory; recalls that, according to the Transnational Institute (TNI), it is estimated that European countries have built more than 1 200 kilometres of walls and borders at a cost of at least EUR 500 million and that, from 2007 to 2010, EU funds have contributed to the deployment of 545 border surveillance systems, covering 8 279 kilometres of the EU’s external borders and 22 347 surveillance devices;

| I. | whereas the Schengen area is at a crossroads and requires decisive and joint actions to bring back the entirety of the benefits it provides to the citizens; whereas it also requires mutual trust, cooperation and solidarity among Member states; whereas there should be no political discourse aiming at blaming Schengen; |
| --- | --- |

I.

whereas the Schengen area is at a crossroads and requires decisive and joint actions to bring back the entirety of the benefits it provides to the citizens; whereas it also requires mutual trust, cooperation and solidarity among Member states; whereas there should be no political discourse aiming at blaming Schengen;

| J. | whereas enlargement of the Schengen area remains a key instrument for expanding the economic and social benefits stemming from the right of free movement of people, services, goods and capital to newer Member States, fostering cohesion and bridging gaps between countries and regions; whereas applying the Schengen acquis in full in all Member States which have fulfilled the criteria for successful conclusion of the Schengen evaluation process is essential for creating a coordinated and robust legal security framework; whereas Romania and Bulgaria’s readiness for joining the Schengen Area has been announced on several occasions by the President of the Commission and has also been stated by Parliament in its position of 8 June 2011 on the draft Council decision on the full application of the provisions of the Schengen acquis in the Republic of Bulgaria and Romania (5) and by the Council in its conclusions; |
| --- | --- |

J.

whereas enlargement of the Schengen area remains a key instrument for expanding the economic and social benefits stemming from the right of free movement of people, services, goods and capital to newer Member States, fostering cohesion and bridging gaps between countries and regions; whereas applying the Schengen acquis in full in all Member States which have fulfilled the criteria for successful conclusion of the Schengen evaluation process is essential for creating a coordinated and robust legal security framework; whereas Romania and Bulgaria’s readiness for joining the Schengen Area has been announced on several occasions by the President of the Commission and has also been stated by Parliament in its position of 8 June 2011 on the draft Council decision on the full application of the provisions of the Schengen acquis in the Republic of Bulgaria and Romania (5) and by the Council in its conclusions;

| K. | whereas the Working Group on Schengen Scrutiny has followed closely the implementation of the Schengen acquis through the findings of the Schengen evaluation mechanism, the vulnerability assessment methodology, committee hearings and missions to Member States and third countries; whereas it has identified the measures that have been or are about to be implemented, the major shortcomings in the functioning of the Schengen area and the necessary actions to be taken in the future; |
| --- | --- |

K.

whereas the Working Group on Schengen Scrutiny has followed closely the implementation of the Schengen acquis through the findings of the Schengen evaluation mechanism, the vulnerability assessment methodology, committee hearings and missions to Member States and third countries; whereas it has identified the measures that have been or are about to be implemented, the major shortcomings in the functioning of the Schengen area and the necessary actions to be taken in the future;

Core Issues

Progress made in addressing identified shortcomings

| 1. | Points out that the EU legislator has adopted a number of measures in the last three years which were designed to reinforce the integrity of the Schengen Area without internal border controls; welcomes the effectiveness of the measures taken at the external borders and the creation of the European Border and Coast Guard Agency (EBCGA); notes the efforts of the Agency in implementing the new regulation, especially through joint operations in the field of border surveillance and return, and by supporting the Member States subject to increased levels of migration while at the same time maintaining full respect for fundamental rights as stipulated in the EBCG Regulation; sees the importance of the newly introduced vulnerability assessment mechanism in uncovering weaknesses at the common external borders and preventing crises; emphasises the concerted efforts and cooperation between agencies and other stakeholders in organising the ‘hotspot’ approach in the area of training; |
| --- | --- |

1.

| 2. | Notes the steps taken through amendment of the Schengen Borders Code and introduction of mandatory systematic checks against relevant databases at the external borders on entry and exit for third-country nationals and for EU nationals, while remaining vigilant about the effects, necessity and proportionality of these measures on the border crossings of EU nationals; emphasises that in some instances mandatory systematic checks at the external Schengen Borders have been replaced by targeted checks due to their disproportionate impact on the flow of traffic; recalls that the Commission should take these consequences into account when carrying out the evaluation provided for in Regulation (EU) 2017/458; |
| --- | --- |

2.

| 3. | Welcomes the ongoing reform of the SIS and the deployment on 5 March 2018, by eu-LISA, of the SIS II Automated Fingerprint Identification System (AFIS) platform, that introduces a biometric search capability in the system, which will contribute to strengthening the fight against crime and terrorism; |
| --- | --- |

3.

| 4. | Stresses the need to make better use of existing tools, namely to maximise the benefits of existing systems and to address the structural information gaps in full compliance with data protection requirements and respect for the principles of the right to privacy, non-discrimination, necessity and proportionality; |
| --- | --- |

4.

| 5. | Welcomes the work done in the field of cross-border police and judicial cooperation and cooperation between law enforcement agencies, and the work of Eurojust and Europol to counter cross-border and organised crime, trafficking in human beings and terrorism through intelligence, information exchange and joint investigations; |
| --- | --- |

5.

| 6. | Voices its concern about the Commission’s efforts to elaborate the European Integrated Border Management (IBM) concept and strategy on the basis of what was published on 14 March 2018 in order to comply with the provisions in the European Border and Coast Guard Regulation; expresses doubts as to its effectiveness in setting the desired objectives and goals in the field of European Integrated Border Management, and in particular in strengthening and implementing fundamental rights and other components of the strategy; |
| --- | --- |

6.

| 7. | Sees great value in the renewed Schengen evaluation mechanism as it promotes transparency, mutual trust and accountability between the Member States by scrutinising the way they implement the different fields of the Schengen acquis; |
| --- | --- |

7.

Identified critical shortcomings

| 8. | Expresses concerns regarding the critical shortcomings and deficiencies discovered through the Schengen Evaluation Mechanism and the vulnerability assessment; |
| --- | --- |

8.

| 9. | Expresses deep concern at the very serious deficiencies in the implementation of the Schengen acquis found during the evaluation of the UK’s provisional use of the Schengen Information System and, in the interest of the integrity of this system, calls on the Council and the Commission to engage in discussions with Parliament about the appropriate follow-up to these findings; |
| --- | --- |

9.

| 10. | Condemns the continued reintroduction of internal border checks as this undermines the basic principles of the Schengen area; takes the view that many of the prolongations are not in line with the existing rules as to their extensions, necessity or proportionality and are therefore unlawful; regrets that Member States have not taken the proper measures to ensure cooperation with other affected Member States in order to minimise the effects of these measures and that they have not sufficiently justified such controls or provided enough information on their results, therefore hindering analysis by the Commission and scrutiny by Parliament; regrets also the practice by the Member States of artificially changing the legal basis for reintroduction to extend it beyond the maximum possible period in the same factual circumstances; considers the economic, political and social impacts of this practice to be detrimental to the unity of the Schengen area and harmful to the prosperity of European citizens and the principle of freedom of movement; reiterates that the Union legislator has adopted many measures in the last three years to strengthen the external borders and external border control; underlines that there has been no corresponding reaction in terms of the removal of internal border controls; |
| --- | --- |

10.

| 11. | Highlights that reintroducing border controls at internal borders has proven much easier than removing those internal border controls once they have been reintroduced; |
| --- | --- |

11.

| 12. | Expresses concern about the lack of implementation in some areas of the regulation governing certain fields of external border control, such as the systematic consultation of databases during border checks and the thorough checking of the required entry conditions; is also concerned about the occasional unavailability of certain databases such as the SIS and the VIS at certain border crossing points; notes that clear non-compliance in establishing National Coordination Centres in accordance with the European Border Surveillance System Regulation (Eurosur) is prevalent in many Member States; emphasises again that, in order for legislation on internal and external borders to be effective, it is essential that measures agreed at Union level are implemented properly by the Member States; |
| --- | --- |

12.

| 13. | Recalls that Member States have tools available to them other than internal border control, including – as recommended by the Commission – targeted police controls provided that such controls do not have border control as an objective, are based on general police information or experience regarding possible threats to public security, aim, in particular, to combat cross-border crime, and are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders; recalls that such checks may prove more effective than internal border controls, notably as they are more flexible and can be adapted more easily to evolving risks; |
| --- | --- |

13.

| 14. | Recalls that unannounced Schengen on-site evaluation visits can be conducted at internal borders without prior notification of the Member State concerned; |
| --- | --- |

14.

| 15. | Condemns the construction of physical barriers, including fences, between Member States and recalls its doubts as to the compatibility of such actions with the Schengen Borders Code; calls on the Commission to assess thoroughly existing and future constructions and report to Parliament; |
| --- | --- |

15.

| 16. | Acknowledges, as part of efforts to restore the normal functioning of Schengen, the proposal to amend the Schengen Borders Code as regards the rules applicable to the temporary reintroduction of controls at internal borders; emphasises the need to establish clear rules and that these changes should merely reflect the new challenges and diffuse threats to internal security without encouraging the reintroduction of internal border controls; recalls that any changes should not be a further avenue for prolonging internal border controls; is concerned that the Commission’s proposal on the reintroduction of internal border controls is based on an assessment of ‘perceived risk’ rather than strict and sound evidence and the existence of a serious threat, and that the so-called ‘risk assessment’ is to be entrusted entirely to the State reintroducing the border controls; considers that these steps should be taken carefully in order not to inflict irreversible damage on the basic idea of free movement, particularly by establishing substantial procedural safeguards, in particular to maintain a strict temporal limitation on the reintroduction of checks at internal borders; |
| --- | --- |

16.

| 17. | Underlines that a further prolongation of the existing internal border controls – or the reintroduction of new ones – would impose major economic costs on the EU as a whole by severely damaging the single market; |
| --- | --- |

17.

Action to be taken

| 18. | Stresses the urgent need to address the identified critical shortcomings without delay in order to return to the normal functioning of Schengen without internal border controls; |
| --- | --- |

18.

| 19. | Calls on all Member States to implement fully the existing regulations and calls on the Commission to act decisively in matters of violations of commonly agreed rules by imposing proportionate and necessary measures on the Member States in question, in order to safeguard the interests of the other Member States and of the Union as a whole, including infringement procedures; |
| --- | --- |

19.

| 20. | Stresses the importance of reforming and adapting the SIS to face new challenges swiftly, namely regarding the protection of children who are at risk or missing, the immediate, obligatory exchange of information on terrorism while complying with the fundamental rights of EU citizens and third-country nationals and upholding safeguards on data protection and privacy and the mandatory exchange of information on return decisions; emphasises that such reform must not undermine the principles of necessity and proportionality; underlines that if the system is to function properly, alerts must require action and should justify their inclusion in the system; highlights the anticipated substantial increase in the activity of the Supplementary Information Request at the National Entry (SIRENE) Bureau and calls on Member States to reinforce the means at its disposal by ensuring that it has adequate financial and human resources to carry out its new functions; |
| --- | --- |

20.

| 21. | Emphasises the critical nature of the findings of the Schengen evaluation mechanism and calls on the Member States to implement accordingly the recommendations addressed to them; emphasises also the vulnerability assessment and calls on the Member States to act upon the recommendations made by the European Border and Coast Guard Agency; |
| --- | --- |

21.

| 22. | Calls on the Commission to present a yearly comprehensive report to Parliament and the Council on the evaluations carried out pursuant to Regulation (EU) No 1053/2013; |
| --- | --- |

22.

| 23. | Firmly insists that the Commission must not renew requests for derogation from Schengen if the Member State concerned has not implemented the recommendations addressed to it under the Schengen evaluation mechanism; |
| --- | --- |

23.

| 24. | Stresses that all the Member States, including those with no external land borders, should do their utmost to ensure a high level of control at their external borders by allocating sufficient resources through staffing, equipment and expertise while ensuring full respect for fundamental rights – including in matters relating to international protection and non-refoulement – establishing the necessary command and control structures and formulating up-to-date risk analyses in accordance with the EBCG Regulation for all tiers of command to facilitate effective operations and to provide adequate infrastructures to safe, orderly and fluent border crossings; |
| --- | --- |

24.

| 25. | Is of the opinion that, were the Schengen evaluation mechanism to be revised, any proposal should address the major delays from the on-site visit to the implementing decisions and action plans and should facilitate swift remedial action on the part of the Member States; takes the view that the value of unannounced on-site visits in the context of the Schengen Evaluation Mechanism could be enhanced were such visits to be really unannounced (without 24-hours’ notice); |
| --- | --- |

25.

| 26. | Recalls that Parliament should be immediately and fully informed of any proposal to amend or replace the Schengen evaluation mechanism; notes that the Commission should undertake a review of the operation of the Schengen evaluation mechanism within six months of the adoption of all evaluation reports regarding evaluations covered by the first multiannual evaluation programme, and transmit this to Parliament; |
| --- | --- |

26.

| 27. | Insists on developing the Schengen evaluation mechanism together with the vulnerability assessment tool in a way that prevents unforeseen relapses in and improves the overall management of the external borders, enhances respect for the Schengen acquis and fundamental rights, including compliance with the Geneva Convention, which was signed by all the Member States, and facilitates thorough scrutiny and transparency between Member States and the European institutions, in particular Parliament; calls on the Commission and the Members States to allocate sufficient resources to the implementation and follow-up of Schengen evaluations and vulnerability assessments; calls on the Commission to organise on-site visits to internal borders that are genuinely unannounced and to assess the nature and impact of the measures in place; |
| --- | --- |

27.

| 28. | Calls on the competent authorities of the Member States to improve collection of information and statistical data on national management of resources and capabilities related to border control; calls on the Member States to make available, in a timely manner, all the necessary information to the vulnerability assessment mechanism; |
| --- | --- |

28.

| 29. | Calls on the Member States, in particular those directly affected, to prepare and sufficiently test the necessary contingency plans to mitigate situations of increased levels of migration, as well as to enhance their registration and accommodation capacity in the event of such situations occurring; calls on the Member States to improve their capabilities to detect document fraud and irregular entries while fully respecting the principle of non-refoulement and fundamental rights; calls for concerted efforts to combat human trafficking and terrorism, particularly in order to identify the criminal organisations and their financing with greater precision; |
| --- | --- |

29.

| 30. | Stresses that safe, legal access to the EU, including at the external borders of the Schengen area, will help ensure the overall stability of the Schengen area; |
| --- | --- |

30.

| 31. | Regards the current state of implementation of the IBM Strategy as inadequate; requests that the Commission and the European Border and Coast Guard Agency support the Member States in their efforts to meet the requirements as stipulated in the EBCG Regulation, and to start the IBM thematic evaluations in the Member States in due course; calls on the Member States to bring their border management into line with the IBM concept by employing a comprehensive approach to border management on the basis of its underlying fundamental principles and in particular by guaranteeing full respect for fundamental rights, with a specific focus on vulnerable groups and minors, in all border management and return activities, including respect for the non-refoulement principle; stresses the need to ensure the full implementation of the IBM Strategy at European and national level and compliance with international conventions, thus strengthening the management of the external borders while respecting fundamental rights; |
| --- | --- |

31.

| 32. | Insists on the need for prompt introduction of the fully-fledged IBM Strategy, as agreed between the institutions, the technical and operational strategy by the European Border and Coast Guard Agency and the Member States’ subsequent national strategies; is fully aware of the inconsistencies in the implementation of the IBM Strategy in the Member States and stresses that the full execution of the IBM Strategy in all Member States is vital for the adequate functioning of the Schengen area; |
| --- | --- |

32.

| 33. | Calls on the Commission to adopt a legislative proposal to amend the Eurosur Regulation in light of the major shortfalls encountered in the implementation of the current regulation, and considers that such a proposal should encourage greater use of Eurosur to engage and assist information exchange, risk analysis and search and rescue operations; |
| --- | --- |

33.

| 34. | Reiterates Parliament’s support for Bulgaria and Romania’s immediate accession to the Schengen area, and the accession of Croatia as soon as it fulfils the criteria for joining; calls on the Council to approve the accession of Bulgaria and Romania as fully-fledged members of the Schengen area; |
| --- | --- |

34.

Other issues with an impact on Schengen

| 35. | Stresses that the current state of Schengen and the persistence of internal border controls are not due primarily to problems in the structure and rules of the Schengen area itself but rather to the related fields of the acquis, such as shortcomings in the area of the Common European Asylum System, including a lack of political will, solidarity and responsibility sharing, the Dublin Regulation and the management of the external borders; |
| --- | --- |

35.

Progress made in addressing identified shortcomings

| 36. | Emphasises the support and capacity-building measures taken to address the root causes of irregular migration and in order to improve living conditions in the countries of origin; |
| --- | --- |

36.

| 37. | Considers that cooperation with third countries is one element in alleviating the circumstances resulting in forced and irregular migration; emphasises the comprehensive nature of measures needed to reach the desired objectives; |
| --- | --- |

37.

Identified critical shortcomings

| 38. | Regrets that many persons have been reported dead or missing in the Mediterranean Sea in recent years; further emphasises that search and rescue is an individual component of European Integrated Border Management as set out in the EBCG Regulation; takes the view that a permanent, robust and effective Union response in search and rescue operations at sea is crucial in preventing the loss of life at sea; considers it vital that adequate maritime search-and-rescue aspects and capabilities be embedded into all operational planning of border surveillance at sea borders and in the implementation of such operations by the EBCGA, as provided for in Regulation (EU) No 656/2014; |
| --- | --- |

38.

| 39. | Expresses great concern regarding the implementation of the EBCG Regulation and underlines the need for Member States to comply with the requirements stipulated in the regulation, in particular with regard to the commitments to contribute sufficient human resources and technical equipment both to joint operations and the rapid reaction equipment pool and allocate adequate resources to the implementation of the vulnerability assessment; is concerned about the European Border and Coast Guard Agency’s resources and financial planning and the estimations on which the operations’ funding and contributions required from Member States are based; calls on the Member States to guarantee proper training on fundamental rights for national border guards; |
| --- | --- |

39.

| 40. | Considers that cooperation at national level between different law enforcement services, the military, border guards, customs and maritime search and rescue authorities is often inadequate, resulting in fragmented situational awareness and low effectiveness; notes that he absence of cooperation structures may lead up to ineffective and/or disproportionate measures; recalls that no amount of well-meaning measures at Union level can make up for a lack of internal cooperation between the relevant authorities of the Member States; |
| --- | --- |

40.

| 41. | Notes the establishment of other large-scale information systems and the objective of improving their interoperability while preserving the necessary safeguards, including with regard to data protection and privacy; |
| --- | --- |

41.

| 42. | Considers that the work on proposals for interoperability of information systems should be taken as an opportunity to improve and partially harmonise national IT systems and national infrastructure at border crossing points; |
| --- | --- |

42.

Action to be taken

| 43. | Encourages the Agencies and the Member States to continue implementing multipurpose operations and to ensure that proper steps are taken to include maritime search and rescue within the operations through suitable assets and human resources; encourages the Agency to ensure the implementation of the complaints mechanism and related resources for and staff in support of the fundamental rights officer; |
| --- | --- |

43.

| 44. | Calls on the Member States to ensure swift and effective return procedures, with full respect for fundamental rights and under humane and dignified conditions, once a return decision has been issued; |
| --- | --- |

44.

| 45. | Notes that the Member States have the opportunity offered by Directive 2001/40/EC to acknowledge and implement a return decision taken by another Member State rather than making a new return decision or sending an irregular migrant back to the first issuing Member State; |
| --- | --- |

45.

| 46. | Calls on the Member States to take specific steps to ensure adequate infrastructure, accommodation and living conditions for all asylum seekers, especially taking into consideration the needs of unaccompanied minors and families with minors as well as women in vulnerable situations; calls on the Member States to bring their detention facilities into line with the requirements of international best practices and human rights norms and conventions, to meet capacity demand, bearing in mind that detention is a measure of last resort and is not in the best interest of the child, and to increase the use of alternative measures to detention; calls on the Members States to honour their relocation commitments, as agreed by the European Council in September 2015 and reconfirmed by the Court of Justice of the European Union in September 2017, in order to restore order to the management of migration and foster solidarity and cooperation within the EU; |
| --- | --- |

46.

| 47. | Calls on the Member States to ensure the independent nature of the national data protection authorities, notably by providing sufficient financial resources and staff to fulfil their increasing tasks; calls on the independent supervisory authorities of the Member States to ensure the necessary audits of information systems and their use; calls on the Member States to implement provisions to enable the rights of data subjects to launch complaints and request their personal information, and to raise public awareness regarding information systems; |
| --- | --- |

47.

| 48. | Insists that multipurpose operations be conducted by the European Border and Coast Guard Agency, with the aim of responding to the need for maritime search-and-rescue assets (as provided for in Regulation (EU) No 656/2014), to be present in the relevant areas; recalls that national border guard authorities must also provide adequate resources for its operations, in particular to search and rescue; underlines that border control should be done by a trained border guard officer or under a strict supervision of a competent authority; |
| --- | --- |

48.

| 49. | Notes that the European Border and Coast Guard Agency has a larger mandate which it can use to play a role in supporting the Member States in coordinated return operations; |
| --- | --- |

49.

| 50. | Calls on the Member States to further develop mutual cross-border police cooperation through joint threat assessment, risk analysis and patrols; calls for the full implementation of the Prüm Convention and Council Decision 2008/615/JHA, and adhesion to the European Information Exchange Model and the Swedish Initiative; calls on the Member States to improve their national law enforcement cooperation and information sharing structures and to improve practical cooperation, in particular with neighbouring Member States; |
| --- | --- |

50.

| 51. | Recalls the high priority given to the reform of the Common European Asylum System (CEAS) as part of the holistic approach to addressing the challenges affecting refugee, asylum-seeker and migrant policies and the Commission’s Agenda on Migration; notes that Parliament has repeatedly stressed that opening legal channels for migrants and refugees is the best way to fight human trafficking and at the same time ‘irregular’ migration; calls on the Council to swiftly follow Parliament in adopting a mandate for negotiations on every proposal in this regard, particularly as regards the Dublin Regulation; highlights that the new European Agency for Asylum has still to be approved and urges the Council to unblock this file as a matter of urgency; |
| --- | --- |

51.

| 52. | Stresses the need to improve the security of identity cards provided by the Member States to EU citizens; calls on the Commission to propose standards for the security and biometric features incorporated in identity cards, as is already the case with passports; |
| --- | --- |

52.

o

o o

| 53. | Instructs its President to forward this resolution to the Council, the Commission, the national parliaments and the European Border and Coast Guard Agency. |
| --- | --- |

53.

---

(1)  OJ L 251, 16.9.2016, p. 1.

(2)  OJ L 135, 24.5.2016, p. 53.

(3)  OJ L 295, 6.11.2013, p. 11.

(4)  Wouter van Ballegooij, ‘The Cost of Non-Schengen: Civil Liberties, Justice and Home Affairs aspects’, Cost of Non-Europe Report, European Added Value Unit, 2016, page 32.

(5)  OJ C 380 E, 11.12.2012, p. 160.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/114 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/114

---

P8_TA(2018)0229

Minimum standards on the rights, support and protection of victims of crime

European Parliament resolution of 30 May 2018 on the implementation of Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime (2016/2328(INI))

(2020/C 76/13)

The European Parliament,

| — | having regard to Articles 2 and 3 of the Treaty on European Union (TEU) and Articles 8, 10, 18, 19, 21, 79 and 82 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 2 and 3 of the Treaty on European Union (TEU) and Articles 8, 10, 18, 19, 21, 79 and 82 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Articles 3, 6, 20, 21, 23, 24, 41 and 47 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Articles 3, 6, 20, 21, 23, 24, 41 and 47 of the Charter of Fundamental Rights of the European Union,

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

—

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

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

—

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

| — | having regard to the 1989 UN Convention on the Rights of the Child, |
| --- | --- |

—

having regard to the 1989 UN Convention on the Rights of the Child,

| — | having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), |
| --- | --- |

—

having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),

| — | having regard to the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by the UN General Assembly on 29 November 1985, |
| --- | --- |

—

having regard to the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by the UN General Assembly on 29 November 1985,

| — | having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), and to Council Decisions (EU) 2017/865 (1) and (EU) 2017/866 (2) of 11 May 2017 on the signing, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence, |
| --- | --- |

—

having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), and to Council Decisions (EU) 2017/865 (1) and (EU) 2017/866 (2) of 11 May 2017 on the signing, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence,

| — | having regard to Council of Europe Recommendation CM/Rec(2006)8 of the Committee of Ministers to member states of 14 June 2006 on assistance to crime victims, |
| --- | --- |

—

having regard to Council of Europe Recommendation CM/Rec(2006)8 of the Committee of Ministers to member states of 14 June 2006 on assistance to crime victims,

| — | having regard to Council of Europe Recommendation CM/Rec(2010)5 of the Committee of Ministers to member states of 31 March 2010 on measures to combat discrimination on grounds of sexual orientation and gender identity, |
| --- | --- |

—

having regard to Council of Europe Recommendation CM/Rec(2010)5 of the Committee of Ministers to member states of 31 March 2010 on measures to combat discrimination on grounds of sexual orientation and gender identity,

| — | having regard to Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings (3), |
| --- | --- |

—

having regard to Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings (3),

| — | having regard to the Council conclusions of 6 December 2013 on combating hate crime in the EU and of 5 June 2014 on preventing and combating all forms of violence against women and girls including female genital mutilation, |
| --- | --- |

—

having regard to the Council conclusions of 6 December 2013 on combating hate crime in the EU and of 5 June 2014 on preventing and combating all forms of violence against women and girls including female genital mutilation,

| — | having regard to Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (4), |
| --- | --- |

—

having regard to Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (4),

| — | having regard to Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (5), |
| --- | --- |

—

having regard to Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (5),

| — | having regard to Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters (6), |
| --- | --- |

—

having regard to Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters (6),

| — | having regard to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (7), |
| --- | --- |

—

having regard to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (7),

| — | having regard to Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order (8), |
| --- | --- |

—

having regard to Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order (8),

| — | having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (9), |
| --- | --- |

—

having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (9),

| — | having regard to Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (10), |
| --- | --- |

—

having regard to Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (10),

| — | having regard to its resolution of 14 December 2017 on the implementation of Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography (11), |
| --- | --- |

—

having regard to its resolution of 14 December 2017 on the implementation of Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography (11),

| — | having regard to Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (12), |
| --- | --- |

—

having regard to Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (12),

| — | having regard to Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (13), |
| --- | --- |

—

having regard to Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (13),

| — | having regard to the study entitled ‘How can the EU and the Member States better help victims of terrorism?’, published by its Policy Department for Citizen’s Rights and Constitutional Affairs in September 2017, |
| --- | --- |

—

having regard to the study entitled ‘How can the EU and the Member States better help victims of terrorism?’, published by its Policy Department for Citizen’s Rights and Constitutional Affairs in September 2017,

| — | having regard to the survey by the EU Agency for Fundamental Rights (FRA) entitled ‘Second European Union minorities and discrimination survey’, published in December 2017, |
| --- | --- |

—

having regard to the survey by the EU Agency for Fundamental Rights (FRA) entitled ‘Second European Union minorities and discrimination survey’, published in December 2017,

| — | having regard to the FRA study entitled ‘Child-friendly justice – Perspectives and experiences of children involved in judicial proceedings as victims, witnesses or parties in nine EU Member States’, published in February 2017, |
| --- | --- |

—

having regard to the FRA study entitled ‘Child-friendly justice – Perspectives and experiences of children involved in judicial proceedings as victims, witnesses or parties in nine EU Member States’, published in February 2017,

| — | having regard to the FRA Fundamental Rights Report 2017, published in May 2017, |
| --- | --- |

—

having regard to the FRA Fundamental Rights Report 2017, published in May 2017,

| — | having regard to the FRA Fundamental Rights Report 2016, published in May 2016, |
| --- | --- |

—

having regard to the FRA Fundamental Rights Report 2016, published in May 2016,

| — | having regard to the FRA study entitled ‘Victims of crime in the EU: the extent and nature of support for victims’, published in January 2015, |
| --- | --- |

—

having regard to the FRA study entitled ‘Victims of crime in the EU: the extent and nature of support for victims’, published in January 2015,

| — | having regard to the FRA study entitled ‘Severe labour exploitation: workers moving within or into the European Union’, published in June 2015, |
| --- | --- |

—

having regard to the FRA study entitled ‘Severe labour exploitation: workers moving within or into the European Union’, published in June 2015,

| — | having regard to the FRA report entitled ‘Violence against women: an EU-wide survey’, published in March 2014, |
| --- | --- |

—

having regard to the FRA report entitled ‘Violence against women: an EU-wide survey’, published in March 2014,

| — | having regard to the report on Project IVOR entitled ‘Implementing Victim-Oriented Reform of the criminal justice system in the EU’, published on 6 May 2016, |
| --- | --- |

—

having regard to the report on Project IVOR entitled ‘Implementing Victim-Oriented Reform of the criminal justice system in the EU’, published on 6 May 2016,

| — | having regard to the report by the European Institute for Gender Equality (EIGE) entitled ‘An analysis of the Victims’ Rights Directive from a gender perspective’, |
| --- | --- |

—

having regard to the report by the European Institute for Gender Equality (EIGE) entitled ‘An analysis of the Victims’ Rights Directive from a gender perspective’,

| — | having regard to the Yogyakarta Principles plus 10 adopted on 10 November 2017 (‘Principles and State Obligations on the Application of International Human Rights Law in Relation to Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics’), |
| --- | --- |

—

having regard to the Yogyakarta Principles plus 10 adopted on 10 November 2017 (‘Principles and State Obligations on the Application of International Human Rights Law in Relation to Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics’),

| — | having regard to its resolution of 12 September 2017 on the proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence (14), |
| --- | --- |

—

having regard to its resolution of 12 September 2017 on the proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence (14),

| — | having regard to the European Parliamentary Research Service’s European Implementation Assessment of Directive 2012/29/EU, produced by the Ex-Post Evaluation Unit, |
| --- | --- |

—

having regard to the European Parliamentary Research Service’s European Implementation Assessment of Directive 2012/29/EU, produced by the Ex-Post Evaluation Unit,

| — | having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

| — | having regard to the joint deliberations of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality under Rule 55 of the Rules of Procedure, |
| --- | --- |

—

having regard to the joint deliberations of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality under Rule 55 of the Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality (A8-0168/2018), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality (A8-0168/2018),

| A. | whereas Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime (‘Victims’ Rights Directive’) seeks to place the victim of a crime at the centre of the criminal justice system, and aims to strengthen the rights of victims of crime so that any victim can rely on the same level of rights, irrespective of where the offence took place, their nationality or residence status; |
| --- | --- |

A.

whereas Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime (‘Victims’ Rights Directive’) seeks to place the victim of a crime at the centre of the criminal justice system, and aims to strengthen the rights of victims of crime so that any victim can rely on the same level of rights, irrespective of where the offence took place, their nationality or residence status;

| B. | whereas 23 out of 27 Member States have transposed the Victims’ Rights Directive into national legislation as of September 2017; whereas the Commission has started 16 infringement procedures against Member States that are still not fully compliant in practice; whereas the directive has made it possible to initiate progress in dealing with victims of crime in another Member State; whereas shortcomings remain in cross-border cases; |
| --- | --- |

B.

whereas 23 out of 27 Member States have transposed the Victims’ Rights Directive into national legislation as of September 2017; whereas the Commission has started 16 infringement procedures against Member States that are still not fully compliant in practice; whereas the directive has made it possible to initiate progress in dealing with victims of crime in another Member State; whereas shortcomings remain in cross-border cases;

| C. | whereas unified standards and instruments are in place at EU level to improve the lives of EU citizens, but victims of crime are still treated differently from country to country; |
| --- | --- |

C.

whereas unified standards and instruments are in place at EU level to improve the lives of EU citizens, but victims of crime are still treated differently from country to country;

| D. | whereas despite many changes introduced in Member States, victims still often lack awareness of their rights, undermining the Victims’ Rights Directive’s effectiveness on the ground and in particular the access to information requirement; |
| --- | --- |

D.

whereas despite many changes introduced in Member States, victims still often lack awareness of their rights, undermining the Victims’ Rights Directive’s effectiveness on the ground and in particular the access to information requirement;

| E. | whereas legal support aside, victim support groups classify the needs of victims into four categories: the right to justice, dignity, truth and memory, of which the latter stands as an unconditional rebuke of terrorism; |
| --- | --- |

E.

whereas legal support aside, victim support groups classify the needs of victims into four categories: the right to justice, dignity, truth and memory, of which the latter stands as an unconditional rebuke of terrorism;

| F. | whereas some Member States display a lack of victim support services and coordination between them at local, regional, national and international level, which makes it difficult for victims to access existing support services; |
| --- | --- |

F.

whereas some Member States display a lack of victim support services and coordination between them at local, regional, national and international level, which makes it difficult for victims to access existing support services;

| G. | whereas women’s shelters, centres and helplines are core agencies for the support of women victims of violence and their children; whereas there is inadequate provision for women’s shelters and centres in Europe; whereas more women’s shelters are urgently required since they provide safety, accommodation, counselling and support to women survivors of domestic violence and their children; whereas the lack of women’s shelters may constitute a risk to life; |
| --- | --- |

G.

whereas women’s shelters, centres and helplines are core agencies for the support of women victims of violence and their children; whereas there is inadequate provision for women’s shelters and centres in Europe; whereas more women’s shelters are urgently required since they provide safety, accommodation, counselling and support to women survivors of domestic violence and their children; whereas the lack of women’s shelters may constitute a risk to life;

| H. | whereas in cases where a terrorist attack occurs in one Member State and the victim is resident in another Member State, the two Member States should cooperate closely to facilitate assistance for the victim; |
| --- | --- |

H.

whereas in cases where a terrorist attack occurs in one Member State and the victim is resident in another Member State, the two Member States should cooperate closely to facilitate assistance for the victim;

| I. | whereas if government entities and national institutions took effective and protective action to help victims, citizens would support and trust the institutions which would boost their reputation; |
| --- | --- |

I.

whereas if government entities and national institutions took effective and protective action to help victims, citizens would support and trust the institutions which would boost their reputation;

| J. | whereas a wide range of health professionals are likely to come into contact with victims, especially victims of gender-based violence, and are often initially contacted by the victim to report a crime; whereas evidence shows that health professionals, such as doctors and other clinical professionals, receive limited training in responding effectively to gender-based violence; |
| --- | --- |

J.

whereas a wide range of health professionals are likely to come into contact with victims, especially victims of gender-based violence, and are often initially contacted by the victim to report a crime; whereas evidence shows that health professionals, such as doctors and other clinical professionals, receive limited training in responding effectively to gender-based violence;

| K. | whereas women victims of gender-based violence always require special support and protection, owing to their particular vulnerability to secondary and repeat victimisation; |
| --- | --- |

K.

whereas women victims of gender-based violence always require special support and protection, owing to their particular vulnerability to secondary and repeat victimisation;

| L. | whereas there is still systematic underreporting of incidents or perpetrators of violence in the EU, particularly in cases involving minorities, migrants, people with dependent or precarious residence status, LGBTI persons, anti-Semitic offences, child sexual abuse, domestic and gender-based violence, and trafficking and forced labour victims; whereas about two thirds of women victims of gender-based violence do not report to an authority because they fear retaliation, embarrassment and social stigma; |
| --- | --- |

L.

whereas there is still systematic underreporting of incidents or perpetrators of violence in the EU, particularly in cases involving minorities, migrants, people with dependent or precarious residence status, LGBTI persons, anti-Semitic offences, child sexual abuse, domestic and gender-based violence, and trafficking and forced labour victims; whereas about two thirds of women victims of gender-based violence do not report to an authority because they fear retaliation, embarrassment and social stigma;

| M. | whereas hate crimes against LGBTI persons are an EU-wide reality; whereas these crimes are underreported and the rights of the victims are therefore not respected; |
| --- | --- |

M.

whereas hate crimes against LGBTI persons are an EU-wide reality; whereas these crimes are underreported and the rights of the victims are therefore not respected;

| N. | whereas the FRA study entitled ‘Making hate crime visible in the European Union: acknowledging victims’ rights’ states that immigrant status enhances the risk of being criminally victimised, independent of other known risk factors; |
| --- | --- |

N.

whereas the FRA study entitled ‘Making hate crime visible in the European Union: acknowledging victims’ rights’ states that immigrant status enhances the risk of being criminally victimised, independent of other known risk factors;

| O. | whereas racist hate crimes against migrants and asylum seekers have increased across the Member States; whereas very few perpetrators of these hate crimes are brought to justice; |
| --- | --- |

O.

whereas racist hate crimes against migrants and asylum seekers have increased across the Member States; whereas very few perpetrators of these hate crimes are brought to justice;

| P. | whereas even though all victims of crime are granted equal rights without discrimination under Article 1 of the directive, in reality most Member States have not put in place policies or processes to ensure that undocumented victims can safely report severe labour exploitation, gender-based violence and other forms of abuse without the risk of immigration penalties; whereas this disproportionately affects women and girls, who are also more exposed to trafficking and sexual exploitation; whereas the FRA’s Second European Union Minorities and Discrimination Survey states that only 1 in 8 respondents reported or filed a complaint about the most recent incident of discrimination they experienced as a result of their ethnic or immigrant background; |
| --- | --- |

P.

whereas even though all victims of crime are granted equal rights without discrimination under Article 1 of the directive, in reality most Member States have not put in place policies or processes to ensure that undocumented victims can safely report severe labour exploitation, gender-based violence and other forms of abuse without the risk of immigration penalties; whereas this disproportionately affects women and girls, who are also more exposed to trafficking and sexual exploitation; whereas the FRA’s Second European Union Minorities and Discrimination Survey states that only 1 in 8 respondents reported or filed a complaint about the most recent incident of discrimination they experienced as a result of their ethnic or immigrant background;

| Q. | whereas Article 1 of the directive states that the rights set out therein apply to victims in a non-discriminatory manner, including with respect to their residence status; |
| --- | --- |

Q.

whereas Article 1 of the directive states that the rights set out therein apply to victims in a non-discriminatory manner, including with respect to their residence status;

| R. | whereas the #MeToo campaign has highlighted that the justice system does not deliver adequate justice and protection to women and girls and that consequently, victims of gender-based violence do not receive the necessary support; |
| --- | --- |

R.

whereas the #MeToo campaign has highlighted that the justice system does not deliver adequate justice and protection to women and girls and that consequently, victims of gender-based violence do not receive the necessary support;

| S. | whereas the ratification and full implementation of the Istanbul Convention provides a coherent European legal framework to prevent and combat violence against women and protect the victims thereof; whereas the definition of gender-based violence should be based on the Istanbul Convention, and should acknowledge the structural nature of violence against women and other forms of gender-based violence and their links to inequality between women and men, which remains prevalent in society; whereas violence in close relationships must be seen from a gender perspective, since it affects women disproportionately; |
| --- | --- |

S.

whereas the ratification and full implementation of the Istanbul Convention provides a coherent European legal framework to prevent and combat violence against women and protect the victims thereof; whereas the definition of gender-based violence should be based on the Istanbul Convention, and should acknowledge the structural nature of violence against women and other forms of gender-based violence and their links to inequality between women and men, which remains prevalent in society; whereas violence in close relationships must be seen from a gender perspective, since it affects women disproportionately;

| T. | whereas women are most exposed to stalking, which is a common form of gender-based violence, and whereas stalking as a specific offence has not been taken into account in the criminal codes of seven Member States; |
| --- | --- |

T.

whereas women are most exposed to stalking, which is a common form of gender-based violence, and whereas stalking as a specific offence has not been taken into account in the criminal codes of seven Member States;

| U. | whereas specific attention must be given to the safety and protection of the children of women victims of gender-based violence and domestic violence; |
| --- | --- |

U.

whereas specific attention must be given to the safety and protection of the children of women victims of gender-based violence and domestic violence;

| V. | whereas victims are often not well informed of trials and their outcomes; whereas all too often victims are unexpectedly informed of the release of an offender through media or other external factors, instead of by competent authorities; |
| --- | --- |

V.

whereas victims are often not well informed of trials and their outcomes; whereas all too often victims are unexpectedly informed of the release of an offender through media or other external factors, instead of by competent authorities;

| W. | whereas victims and family members are not given sufficient information about their rights when a crime occurs in a Member State other than that in which the victim resides; whereas the Member States have different definitions of the concept of ‘victim’; whereas the scope of national legislation differs as a consequence (sometimes extending to cover family members, for example); |
| --- | --- |

W.

whereas victims and family members are not given sufficient information about their rights when a crime occurs in a Member State other than that in which the victim resides; whereas the Member States have different definitions of the concept of ‘victim’; whereas the scope of national legislation differs as a consequence (sometimes extending to cover family members, for example);

| X. | whereas easily accessible and widely publicised helplines are for many women the first step towards obtaining the help and support they need when experiencing violence in close relationships; |
| --- | --- |

X.

whereas easily accessible and widely publicised helplines are for many women the first step towards obtaining the help and support they need when experiencing violence in close relationships;

| Y. | whereas only 27 % of Europeans are familiar with the single European emergency telephone number 112; whereas not everyone has access to it yet; |
| --- | --- |

Y.

whereas only 27 % of Europeans are familiar with the single European emergency telephone number 112; whereas not everyone has access to it yet;

| Z. | whereas in a considerable number of cases, the victim is the most important witness in the trial and needs to be protected from possible retaliatory or threatening behaviour from the offender, including by preventing repeated or secondary victimisation; whereas witness testimony is crucial to the proper functioning of and trust in the criminal justice system and essential for the effective investigation and prosecution of organised crime and terrorist groups, which could lead to their dismantling; whereas Member States should take appropriate measures to protect witnesses effectively and to step up the exchange of best practices and international cooperation in this area; |
| --- | --- |

Z.

whereas in a considerable number of cases, the victim is the most important witness in the trial and needs to be protected from possible retaliatory or threatening behaviour from the offender, including by preventing repeated or secondary victimisation; whereas witness testimony is crucial to the proper functioning of and trust in the criminal justice system and essential for the effective investigation and prosecution of organised crime and terrorist groups, which could lead to their dismantling; whereas Member States should take appropriate measures to protect witnesses effectively and to step up the exchange of best practices and international cooperation in this area;

| AA. | whereas shortcomings in the implementation of the Victims’ Rights Directive have been reported, in particular as regards:






  — | delivering appropriate services to victims in accordance with their specific needs, |
| --- | --- | --- |

AA.

whereas shortcomings in the implementation of the Victims’ Rights Directive have been reported, in particular as regards:

—

delivering appropriate services to victims in accordance with their specific needs,

| — | implementing properly the requirements for guaranteeing an individual assessment of victims, |
| --- | --- |

—

implementing properly the requirements for guaranteeing an individual assessment of victims,

| — | properly establishing mechanisms allowing the alleged offender to have a copy of the complaint, |
| --- | --- |

—

properly establishing mechanisms allowing the alleged offender to have a copy of the complaint,

| — | ensuring equal accessibility to victim and specialist support services for all victims, including persons with disabilities, LGBTI persons, child victims, victims of gender-based violence, including sexual violence, and victims of hate and honour crimes, regardless of their residence status, |
| --- | --- |

—

ensuring equal accessibility to victim and specialist support services for all victims, including persons with disabilities, LGBTI persons, child victims, victims of gender-based violence, including sexual violence, and victims of hate and honour crimes, regardless of their residence status,

| — | guaranteeing rapid, efficient and victim-sensitive procedures in criminal court cases that take account of the specific needs of the most vulnerable groups, |
| --- | --- |

—

guaranteeing rapid, efficient and victim-sensitive procedures in criminal court cases that take account of the specific needs of the most vulnerable groups,

| — | collecting data on and analysing the culture of violence, misogyny and gender stereotypes, and their link with the incidence of hate crimes,






  — | briefing victims on their aggressors’ situation under criminal or procedural law; |
| --- | --- | --- |

—

collecting data on and analysing the culture of violence, misogyny and gender stereotypes, and their link with the incidence of hate crimes,

—

briefing victims on their aggressors’ situation under criminal or procedural law;

| AB. | whereas victims of crime regularly report that enduring the process of justice is itself a type of victimisation – a secondary or re-victimisation; whereas factors that impact how victims experience the system include how they are treated during the process and the amount of control and participatory access they are given; |
| --- | --- |

AB.

whereas victims of crime regularly report that enduring the process of justice is itself a type of victimisation – a secondary or re-victimisation; whereas factors that impact how victims experience the system include how they are treated during the process and the amount of control and participatory access they are given;

| AC. | whereas victims of terrorism have been subjected to attacks that are ultimately intended to harm society or a larger group they represent; whereas they therefore require special attention, support and social recognition owing to the particular nature of the crime committed against them; |
| --- | --- |

AC.

whereas victims of terrorism have been subjected to attacks that are ultimately intended to harm society or a larger group they represent; whereas they therefore require special attention, support and social recognition owing to the particular nature of the crime committed against them;

| AD. | whereas certain rights, such as the right to financial aid and compensation, were not properly implemented or granted to the victims of the 2016 terrorist attacks in Brussels in accordance with the provisions of the Victims’ Rights Directive; |
| --- | --- |

AD.

whereas certain rights, such as the right to financial aid and compensation, were not properly implemented or granted to the victims of the 2016 terrorist attacks in Brussels in accordance with the provisions of the Victims’ Rights Directive;

Assessment of the implementation of the directive

| 1. | Criticises the Commission’s failure to submit a report to Parliament and to the Council on the application of the Victims’ Rights Directive by November 2017, in accordance with Article 29 of the directive; calls on the Member States to cooperate and send all relevant data and statistics to the Commission in order to facilitate its assessment of the implementation of the directive; |
| --- | --- |

1.

| 2. | Criticises the fact that two years after transposition was due, only 23 out of 27 Member States had officially transposed the Victims’ Rights Directive by September 2017, and among these, some are only partially compliant and only on some provisions; |
| --- | --- |

2.

| 3. | Notes the successful implementation by some Member States of certain provisions of the Victims’ Rights Directive, namely:






  — | the right to interpretation and translation, |
| --- | --- | --- |

3.

—

the right to interpretation and translation,

| — | the right to be heard, |
| --- | --- |

—

the right to be heard,

| — | the protection of child victims, |
| --- | --- |

—

the protection of child victims,

| — | the rights of victims when making a complaint, |
| --- | --- |

—

the rights of victims when making a complaint,

| — | the right to receive information from the first contact with a competent authority; |
| --- | --- |

—

the right to receive information from the first contact with a competent authority;

| 4. | Deplores, however, the remaining important shortcomings in the transposition and implementation of the directive in many Member States, in particular as regards:






  — | the complexity of procedures for accessing support services and shortcomings in the victim support system, including insufficient access to legal aid and compensation, lack of financial support and coordination between support services, and inconsistent referral mechanisms, |
| --- | --- | --- |

4.

—

the complexity of procedures for accessing support services and shortcomings in the victim support system, including insufficient access to legal aid and compensation, lack of financial support and coordination between support services, and inconsistent referral mechanisms,

| — | the fact that clear information is often not provided in more than one language, making it difficult, de facto, for victims to seek protection abroad in another Member State, |
| --- | --- |

—

the fact that clear information is often not provided in more than one language, making it difficult, de facto, for victims to seek protection abroad in another Member State,

| — | the lack of a legislative foot-hold in cross-border cases and the rights of victims resident in other Member States, and failure to take measures to ensure that the lack of or uncertain residence status poses no barrier to victims’ ability to assert their rights under this directive; |
| --- | --- |

—

the lack of a legislative foot-hold in cross-border cases and the rights of victims resident in other Member States, and failure to take measures to ensure that the lack of or uncertain residence status poses no barrier to victims’ ability to assert their rights under this directive;

| 5. | Highlights the vital importance of conducting the first contact with the victim properly, especially in the case of victims of gender-based violence; notes, however, that some of the most vulnerable victims – such as minors and uneducated, disabled or elderly victims, as well as (for language reasons) migrants and victims of human trafficking – may have difficulties in understanding the information that is communicated to them and, as a result, their right to information stipulated in Article 4 of the directive will not be fully exercised, making it necessary to ensure the presence of a qualified expert to assist victims; notes that Article 4 is one of the directive’s strengths, as it helps victims to exercise their right to the available support and protection as set out in the directive; |
| --- | --- |

5.

| 6. | Calls on the Member States to promote easy access to justice and adequate legal aid free of charge, as this contributes greatly to breaking the silence and increasing the victim’s trust in the criminal justice system, decreases the possibility of impunity and enables the victim to begin the process of psychological recovery; |
| --- | --- |

6.

| 7. | Calls on all the Member States to implement and effectively enforce the right to information laid down in Article 4 of the Victims’ Rights Directive for all victims and potential victims; stresses the need to improve information mechanisms in Member States to ensure that victims are not only aware of their rights, but also know where to go to exercise them; points out that the professionals who first see to victims should be their first contact point for information on their rights and about programmes designed to tackle situations that lead to victimisation; underlines that failure to provide information to the victim before, during and after criminal proceedings results in poor enjoyment of victims’ rights and dissatisfaction with the justice system, and discourages victims from actively participating in the criminal proceedings; |
| --- | --- |

7.

| 8. | Deplores the fact that too many Member States have failed to implement, in their legislation, individual victim assessments, leading to inefficiency when it comes to detecting and identifying their specific needs, to treating them with respect and dignity and, as a consequence, to granting them protection in accordance with their specific needs; |
| --- | --- |

8.

| 9. | Notes that failure to transpose the directive into national law in certain Member States means that citizens of those Member States suffer discrimination when it comes to upholding their rights as European citizens; |
| --- | --- |

9.

| 10. | Deplores the fact that the Victims’ Rights Directive limits the exercise of the victim’s right to legal aid owing to provisions obliging Member States to provide legal aid only when the victim has the status of a party to criminal proceedings and stipulating that the conditions or procedural rules under which victims have access to legal aid shall be determined by national law; stresses that these restrictions may be particularly onerous for victims of gender-based violence who do not make complaints and whose cases will never be dealt with as part of the criminal justice system; |
| --- | --- |

10.

| 11. | Notes that other instruments addressing similar successive additions to victims’ rights complicate coherence with the Victims’ Rights Directive; |
| --- | --- |

11.

| 12. | Recalls that third country nationals and EU citizens who have fallen victim to crime in another Member State can also enjoy the rights, support and protection offered by this directive regardless of their residence status, and that victims of criminal offences committed in a Member State other than the one in which the victim resides can lodge their complaint to the competent authorities of the Member State of residence; notes, however, that this right is often undermined by the uncertainty of Member State provisions on extraterritoriality; calls on Member States to ensure that residency status is not a criterion for full enjoyment of the rights of victims and to clarify their national provisions on extraterritoriality; calls on the Member States to guarantee access for non-resident victims of crime to support services and information concerning their rights, and to adopt specific measures that focus in particular on the rights of all victims to compensation and within criminal proceedings; calls, in this regard, on the Member States to take appropriate action to facilitate cooperation between their competent authorities or entities providing specialist support to ensure that victims have effective access to such information and services; |
| --- | --- |

12.

| 13. | Reminds the Member States that victims in an irregular situation of residence should also have access to rights and services, including shelters and other specialised services under this directive, such as legal protection and psychosocial and financial support from the Member States, without fear of being deported; calls on the Member States to put in place measures to ensure that these rights and services are made available without discrimination; welcomes steps taken by some Member States to grant undocumented victims a residence permit on humanitarian grounds or for the duration of criminal proceedings, which could encourage victims to report crimes and counter the climate of impunity; encourages Member States to enact legislation that provides avenues for victims with dependent residence status to escape from situations of abuse by making it possible to obtain independent residence status; urges the Commission to encourage and facilitate the exchange and evaluation of existing good practices among Member States, integrating the perspectives of victims and civil society; |
| --- | --- |

13.

Recommendations

Individual assessment

| 14. | Recalls that one of the most important objectives of the Victims’ Rights Directive is to improve the position of victims of crime across the EU and to place the victim at the centre of the criminal justice system; |
| --- | --- |

14.

| 15. | Calls on the Member States to reinforce the rights of victims of hate crimes, including those against LGBTI persons or with racist motives; |
| --- | --- |

15.

| 16. | Highlights the fact that individual assessments are crucial to empowering all victims by informing them of their rights, and the right to make decisions, in the proceedings they are involved in and, in the case of children, the right to have access to the specific procedural safeguards that would apply to them from the very beginning of the legal proceedings; calls on the Member States to properly implement in their legislation timely individual assessments of the victims, including during their initial contact with a competent authority if necessary, as an essential procedural step for recognising and identifying a victim’s specific needs, to then grant specific protection in accordance with those needs, and to prevent secondary and repeat victimisation, intimidation and retaliation; emphasises that individual assessments need to be reviewed on a regular basis in order to determine ongoing support needs, and that victims should be provided with a follow-up review within an appropriate period of time after the crime took place, based on existing knowledge of trauma reactions; recalls that individual assessments are particularly necessary for the victims of human trafficking and the child victims of sexual abuse, given the social, physical and psychological repercussions of these crimes; recalls that all individual assessments should be gender sensitive, given that women and LGBTQI victims of gender-based violence require special attention and protection owing to a high risk of repeated victimisation, and that specific measures and specialist support should therefore be ensured; |
| --- | --- |

16.

Victim support services

| 17. | Regrets the difficulties experienced by victims in accessing support services; deplores the fact that in some Member States, victim support services have still not been set up; highlights that victim support services and rights should be granted to all victims throughout the EU and should be accessible even when a person has not yet proven that he or she is victim of a crime, or before any official procedure or act has taken place; calls on the Member States to provide for, and increase the number and improve the accessibility of, women’s shelters and women’s centres, assisting the female victims of all types of gender-based violence, and to ensure that women survivors of violence are never declined a place; insists that services need to be expanded to more adequately meet the needs of all women, in particular differently-abled women and migrant women, including undocumented migrant women; stresses that such services should also include non-residential specialist support, such as information and advice, court accompaniment and outreach services; considers that women’s shelters should help all women facing violence in close relationships, and should be available 24/7 and free of charge for women and their children, so that women can feel safe and able to report gender-based violence; |
| --- | --- |

17.

| 18. | Calls on the Member States to pay particular attention to the individual assessment of children and the child victims of any form of crime, in particular human trafficking, including for sexual exploitation, of gender-based violence and of sexual abuse and exploitation; recalls that child victims shall always be considered as having specific protection needs due to their vulnerability, pursuant to Article 22(4) of the directive; stresses the need to deal with children and young victims in a manner that takes proper account of their vulnerability; |
| --- | --- |

18.

Training

| 19. | Stresses that ensuring further training programmes at EU level is of paramount importance for the harmonisation and standardisation of procedures across the Member States and for ensuring equal treatment for European citizens; |
| --- | --- |

19.

| 20. | Calls on the Member States to provide specific training for those responsible for assisting the victims of terrorist acts, and to grant the necessary resources to that effect; |
| --- | --- |

20.

| 21. | Calls on the Commission and the Member States to provide gender-sensitive training programmes and guidelines for all professionals involved in dealing with the victims of crime, such as law practitioners, police officers, prosecutors, judges, health professionals, social workers and civil society organisations; encourages the Member States to adequately use EU funding for these training purposes; calls on the Member States to specifically ensure that they comply with all obligations on training for police officers, so that they can conduct individual assessments better and in a timely manner once a crime has taken place; calls on the Member States to prevent the further victimisation or secondary victimisation experienced by the victims of crime, to provide victims with information about their rights and the services which they can access, and to empower them, as a means of reducing post-traumatic stress; stresses that such training should also be included in education programmes, in cooperation with civil society and NGOs, and that compulsory and specific training should be regularly available to all professionals involved in dealing with the victims of crime, in order to develop a mindset suited to handling the specific characteristics and needs of each type of victim, to help professionals prevent violence and to provide adequate support for vulnerable groups, such as children, women victims of gender-based violence, the victims of human trafficking, LGBTI people and people with disabilities; points out that personal training is essential in order for the objectives of the directive to be implemented effectively; considers that such training should include guidance on how to ensure that victims are protected from coercion, abuse and violence and that their physical and mental integrity is respected; believes, moreover, that all training sessions should emphasise the principle of non-discrimination – a cornerstone of the directive; |
| --- | --- |

21.

| 22. | Recalls that child victims of crime are particularly vulnerable and that particular attention should be devoted to training professionals dealing with the victims of child-related crimes, especially in cases of sexual abuse and sexual exploitation, taking into account the needs associated with the various age groups; stresses that such professionals should communicate in a child-friendly manner; |
| --- | --- |

22.

| 23. | Encourages the Commission to give practical meaning to the international day for the victims of terrorism by organising, at least twice a year, an international meeting specifically devoted to the exchange of experiences and best practices between local, regional and national authorities of Member States and to the gathering of victims’ testimonies; considers that this should help ensure the quick, uniform and full transposition of the directive, the early identification of common application problems, and a process for the ongoing assessment of its ability to raise awareness, and add an operational dimension to shows of solidarity and institutional and social support for victims; |
| --- | --- |

23.

| 24. | Underlines the fact that healthcare professionals are key to recognising the victims of domestic violence, since violence against women in close relationships affects both physical and mental health in the long term; calls on the Member States to ensure that information about victim support services and victims’ rights is accessible to health professionals, and to provide targeted training for a wide range of healthcare professionals, including general practitioners, doctors specialised in emergency assistance, nurses, medical assistants, clinical social workers and reception staff, with a view to providing an effective response for the victim, particularly in cases of gender-based violence, thus enabling health professionals to identify cases of potential abuse, and to encourage women victims to contact a competent authority; |
| --- | --- |

24.

Cross-border dimension

| 25. | Calls on the Member States to provide financial and legal aid to family members in the event of a serious crime – i.e. where the victim has died or has been seriously injured – taking place in a different Member State to where the victim is resident, particularly in cases where the family cannot afford to travel to that Member State to attend court, to pay for psychological support or to bring the victim home; |
| --- | --- |

25.

| 26. | Calls on the Member States to make the procedures more flexible and speed up the process of forwarding the judgments for gender-based violence handed down in a country, particularly in the case of international couples, so that the authorities in the countries which the spouses come from can act accordingly as soon as possible and prevent custody of their children being given to a father accused of gender-based violence in another country; |
| --- | --- |

26.

| 27. | Asks the Commission and the Council to further develop the rights of victims so that the EU can play a leading role in the protection of victims’ rights; |
| --- | --- |

27.

Procedural rights

| 28. | Highlights the importance of providing free legal aid while ensuring that the bureaucratic burden for the victim is as low as possible; |
| --- | --- |

28.

| 29. | Calls, in particular, for Member States to set up confidential and anonymous procedures for reporting crimes, particularly in cases of sexual abuse and the abuse of disabled people and minors, with a view to monitoring and evaluating the number of reports and ensuring that undocumented victims can lodge complaints without the risk of immigration-related consequences; |
| --- | --- |

29.

| 30. | Calls on the Member States to step up legal measures in criminal procedures guaranteeing the protection of child victims, including the specific needs of the child victims of gender-based violence, particularly in cases where the child’s mother is murdered by their partner, throughout the entirety of criminal proceedings, and to ensure that they receive assistance and social and psychological support thereafter, in order to prevent child victims from being exposed to secondary victimisation; calls on the Member States to step up specific measures to improve the role of national helplines in the context of child victims, given that self-reporting of children is limited; |
| --- | --- |

30.

| 31. | Calls on the Member States to take into account significant incidents of gender-based violence, including domestic violence, when determining custody and visitation rights, and considers that the rights and needs of child witnesses should also be taken into account when providing victims with protection and support services; |
| --- | --- |

31.

| 32. | Reminds the Member States of the requirement to provide translation and interpretation services free of charge, noting that a lack of information in other languages may constitute an obstacle to the effective protection of the victims and a form of discrimination against them; |
| --- | --- |

32.

| 33. | Urges the Commission and the Member States to engage actively and cooperate closely in information campaigns to raise general public awareness of the rights of victims as established by EU law, including the specific needs of child victims; stresses that these awareness-raising campaigns should also be organised in schools in order to inform children of their rights and provide them with the tools to recognise any form of crime they may have suffered or witnessed; calls on the Commission and the Member States to set up campaigns to encourage women and LGBTQI persons to report any kind of gender-based violence so that they can be protected and get the support they need; |
| --- | --- |

33.

| 34. | Calls on the Member States to exchange best practices for a victim-oriented approach for police officers in their daily work; |
| --- | --- |

34.

| 35. | Calls on the Member States to actively engage, both at regional and national level, in campaigns to prevent gender-based violence and re-victimisation in the justice system and in the media, and to promote a cultural change in public opinion in order to prevent victim-blaming attitudes or behaviours, which may result in additional trauma for the victims of specific crimes such as gender-based violence or sexual abuse; calls on the Member States to encourage the private sector, the IT sector and the media to make the best use of their potential and to participate in the prevention of violence against women and domestic violence; |
| --- | --- |

35.

| 36. | Calls on the Member States to exchange best practices on establishing mechanisms to encourage and facilitate the process for victims to report the crimes they have suffered; |
| --- | --- |

36.

| 37. | Calls on the Member States to establish specific measures in the case of attacks resulting in mass casualties, so that large numbers of victims can participate in criminal proceedings; |
| --- | --- |

37.

| 38. | Reminds the Member States that particular attention should be paid to the risk of intimidation and retaliation and to the need to protect the dignity and physical integrity of victims, including during questioning and when testifying, in order to determine whether and to what extent they should receive protection measures during the criminal proceedings; |
| --- | --- |

38.

| 39. | Stresses the importance of the obligation to keep victims informed about the progress of criminal proceedings brought against the perpetrators of crimes against them, particularly when prison sentences have been handed down or are being served; |
| --- | --- |

39.

Institutional perspective

| 40. | Calls on the Commission to meet its reporting obligations as set out in the directive; |
| --- | --- |

40.

| 41. | Highlights the importance of relevant disaggregated comparable data on all crimes, particularly when it comes to violence against women and human trafficking, in order to ensure a better understanding of the problem, and to raise awareness, assess and improve Member States’ action to support victims; |
| --- | --- |

41.

| 42. | Calls on the Commission to counteract the judicial and practical flaws in the implementation of this directive by a proper interplay of the various EU victim-protection instruments, such as Directive 2011/99/EU on the European protection order, Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims, Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography, and Directive 2014/42/EU on the freezing and confiscation of instrumentalities and proceeds of crime in the EU; calls on all Member States and the EU to ratify and fully enforce the Council of Europe Istanbul Convention (15), to prevent and combat violence against women and girls and to implement these important instruments coherently in order to ensure that victims in Europe fully enjoy their rights; |
| --- | --- |

42.

| 43. | Calls on the Commission to include sectoral examinations in its monitoring and reporting, and to ensure a uniform application of the directive in order to protect all victims, irrespective of the grounds of victimisation or specific characteristics, such as race, colour, religion, gender, gender identity, gender expression, sexual orientation, sex characteristics, disability, migration status or any other status; |
| --- | --- |

43.

| 44. | Recalls that family members of victims are included in the definition of ‘victim’, and calls on the Member States to interpret the term ‘family members’ – and other key terms, such as ‘particularly vulnerable’ – broadly, so as not to restrict the list of potential rights holders unnecessarily; |
| --- | --- |

44.

| 45. | Calls on the Member States to put in place measures to ensure that written and oral communications comply with simple language standards, and are adapted to minors and people with disabilities, in a language that the victim can understand, so that victims can be kept informed of their rights in a comprehensible, adequate and targeted manner before, during and after criminal proceedings; |
| --- | --- |

45.

| 46. | Calls on the Member States to ensure that where the exercise of rights is bound by time limitation periods, delays resulting from translation and interpretation difficulties shall be taken into account; |
| --- | --- |

46.

| 47. | Given that it is a common form of gender-based violence that requires specific prevention measures, calls on the seven Member States that have not yet done so to legislate to make stalking a criminal offence, as called for by Article 34 of the Istanbul Convention, on the basis of the relevant provisions in the Victims’ Rights Directive on the right to protection of privacy, the right to protection and, in particular, the right to avoid contact with the offender or with other potential perpetrators or accomplices; |
| --- | --- |

47.

| 48. | Calls on the Member States to prevent further victimisation arising from humiliation and honour attacks on the victim by sections of society close to the original attacker; reiterates that such acts constitute additional victimisation and should not be protected by the right to freedom of expression, as set out in Article 10(2) of the European Convention on Human Rights and the case law of the European Court of Human Rights (16); |
| --- | --- |

48.

| 49. | Calls on the Member States to ensure that an emergency information telephone line is in operation following an attack or, preferably, to incorporate this service within the services provided by the European emergency number 112, and that provisions are made to provide foreign language assistance; calls, therefore, on all Member States to immediately implement Article 22 of the Victims’ Rights Directive in their legislation; |
| --- | --- |

49.

| 50. | Calls on the Member States to ensure that, in the event that a victim of terrorism does not reside in the Member State in which the act took place, this Member State should cooperate with the Member State of residence in order to facilitate assistance for the victim; |
| --- | --- |

50.

| 51. | Calls on the Member States to provide a national helpline, open 24/7 and free of charge, for women and the LGBTQI victims of gender-based violence; |
| --- | --- |

51.

| 52. | Calls on the Member States to guarantee assistance to victims from victim support services before, during and after criminal proceedings, including psychological support; underlines the important role of civil society in victim support; considers, nevertheless, that governments must not rely only on NGOs to provide key support services to victims (‘volunteerism’); insists that the Member States make sure to increase funding and resources for NGOs working in the area of women’s rights and victim’s rights and must build capacity to develop victim support mechanisms, involving law enforcement authorities, health and social services and civil society; |
| --- | --- |

52.

| 53. | Calls on the Member States to provide specialist support to the victims of terrorism in emergency response planning, in order to ensure the provision of adequate support services, both in the immediate aftermath of an attack and in the long term; |
| --- | --- |

53.

| 54. | Calls on the Member States to establish specific measures to ensure the provision of information to victims not resident in the territory of the Member State in which the terrorist attack has taken place; believes that these measures should focus in particular on the rights of non-resident victims in criminal proceedings and on compensation; |
| --- | --- |

54.

| 55. | Calls on all Member States to combat impunity at all times and to ensure that perpetrators are brought to justice, so that victims can feel protected; calls on all Member States, moreover, to work across sectors to identify and address the systemic factors that contribute to the repeat victimisation of people in vulnerable situations and/or who face high levels of discrimination, as not doing so could have a severe impact on the psychological recovery process of the victim; |
| --- | --- |

55.

| 56. | Calls on the Member States to set up legal mechanisms to criminalise the glorification of a specific act of terrorism in the event that it humiliates the victims and causes secondary victimisation by damaging the victims’ dignity and recovery; |
| --- | --- |

56.

| 57. | Considers that the victims of terrorism must be kept central to European society, as a symbol of the defence of democratic pluralism; calls, to this end, for conferences, memorials and audiovisual material in order to raise awareness among European citizens, and for a European register of victims for administrative use; |
| --- | --- |

57.

| 58. | Calls on the Member States to ensure stronger protection for the victims of gender-based violence, including sexual violence, as a means to improve access to justice and the efficiency of criminal proceedings; |
| --- | --- |

58.

| 59. | Recalls the specific nature of the victims of terrorist attacks, who fall into a separate category and have specific needs; calls on the Commission to draft a specific directive on the protection of the victims of terrorism; |
| --- | --- |

59.

| 60. | Calls on the Member States to guarantee support services, such as trauma support and counselling, and access to the necessary healthcare, including sexual and reproductive health, as part of targeted support for victims with specific needs, such as children, women victims of gender-based violence, the victims of human trafficking, LGBTI people, and people with disabilities; |
| --- | --- |

60.

| 61. | Calls on the Member States to establish adequate quality control mechanisms for assessing whether they have met the requirements for gender-sensitive and women- and child-friendly standards as regards provisions made by victim support services to encourage the reporting of crimes and protect victims effectively; |
| --- | --- |

61.

| 62. | Calls on the Member States to help victims deal with legal, financial and practical issues as well as the risk of further victimisation; |
| --- | --- |

62.

| 63. | Calls on the Commission to highlight the potential use of the EU-funded ‘Infovictims’ project, as a tool to inform and reach out to victims about criminal processes via different communication methods, such as brochures and posters; considers that this project enhances the sharing of good practices for informing the victims of crimes; |
| --- | --- |

63.

| 64. | Calls on the Member States to establish coordinated mechanisms for collecting information on the victims of terrorist attacks taking place in their territory, and, through the creation and development of a one-stop shop, to provide victims with a web portal and emergency telephone line or other means of communication, such as e-mail or multimedia messaging tools, giving access to secure, personalised, specific and relevant information in accordance with the user’s needs, with a confidential, free-of-charge and easily accessible support service; stresses that this support service must be able to provide assistance and support to the victims of terrorism in line with their specific needs, such as emotional and psychological support, and advice and information on any legal, practical or financial matters, must be able to assist victims liaising with the various administrative departments and, if necessary, represent them in this regard in the immediate aftermath of the attack and during any criminal proceedings, as well as assistance with national compensation claim procedures; |
| --- | --- |

64.

| 65. | Calls on the Member States to adopt appropriate measures to prevent, as far as possible, attacks on victims’ private lives and family members, in particular as regards investigative activities and during legal procedures; |
| --- | --- |

65.

| 66. | Calls on the Commission to turn the current e-Justice portal into a more user-friendly platform that provides concise and easy-to-understand information to victims about their rights and the procedures they need to follow; |
| --- | --- |

66.

| 67. | Calls on the Member States to engage, with complete respect for freedom of expression, with media and journalists to adopt self-regulation measures in the aftermath of a terror attack in order to guarantee that the private lives of victims and their family members are protected and, moreover, to recognise the value of cooperating with specialised victim assistance services and support in helping victims deal with the media attention they receive; |
| --- | --- |

67.

| 68. | Calls on the Member States to establish coordination mechanisms to ensure an effective transition of support for victims, from immediate gender-sensitive care in the aftermath of a crime, to the assistance they require in the longer term; notes that the local and regional authorities that provide the majority of assistance services to victims should be included in all stages of planning, decision-making and implementation; stresses that such mechanisms should, in particular, ensure that victims are referred to long-term services, with different organisations providing support during the various phases; considers that these mechanisms should also fulfil a cross-border function in order to provide victim support services, and guarantee the victim’s right to be informed, assisted and compensated in their place of residence when the crime has taken place in a Member State other than the one in which the victim resides; |
| --- | --- |

68.

| 69. | Calls on the Member States, in the event of a terrorist attack, to establish a coordination centre to bring together organisations and experts with the necessary expertise to provide information, support and practical services to the victims and to their families and relatives; stresses that these services should be confidential, free of charge and easily accessible to all victims of terrorism, and should include, in particular:






  (a) | Specialist emotional and psychological support, such as trauma support and counselling specifically adapted to the needs of the victims of terrorism; |
| --- | --- | --- |

69.

(a)

Specialist emotional and psychological support, such as trauma support and counselling specifically adapted to the needs of the victims of terrorism;

| (b) | Vocational rehabilitation services to help victims suffering from injuries and harm to find new jobs or change careers; |
| --- | --- |

(b)

Vocational rehabilitation services to help victims suffering from injuries and harm to find new jobs or change careers;

| (c) | The facilitation of safe virtual connections for victims with other victims and victim-run support groups; |
| --- | --- |

(c)

The facilitation of safe virtual connections for victims with other victims and victim-run support groups;

| (d) | Community-based support services; |
| --- | --- |

(d)

Community-based support services;

| (e) | Services to inform family members of the identification of victims and their remains and to repatriate remains; |
| --- | --- |

(e)

Services to inform family members of the identification of victims and their remains and to repatriate remains;

| 70. | Regrets the fact that, compared to the Istanbul Convention, the scope of the Victims’ Rights Directive is more limited as regards the protection of victims of gender-based violence (including people affected by FGM); welcomes, nevertheless, the directive’s stronger accountability mechanism and stresses that the two instruments should be promoted together in order to maximise the protection offered to the victims of gender-based violence; |
| --- | --- |

70.

| 71. | Encourages the Member States to provide adequate information material and free legal aid to the victims of terrorism who are also parties to criminal proceedings, in order that they may obtain a decision on compensation; |
| --- | --- |

71.

| 72. | Calls on the Commission to propose the creation of a European fund for assistance to the victims of terrorism; |
| --- | --- |

72.

| 73. | Calls on the Member States to establish:






  (a) | Permanent dedicated website on which all public information on the support services established following a terrorist attack that has taken place in that Member State can be accessed, and which should include the following information, to be made available as a matter of urgency: the contact details of any organisations responsible for providing support and information to victims, family members and members of the public following a terrorist attack, and information on the attack and measures established in response to it, including information on finding or getting in touch with missing victims and measures to help victims to return home, which should include:






  i. | How to retrieve any property lost as a result of an attack; |
| --- | --- | --- | --- |

73.

(a)

Permanent dedicated website on which all public information on the support services established following a terrorist attack that has taken place in that Member State can be accessed, and which should include the following information, to be made available as a matter of urgency: the contact details of any organisations responsible for providing support and information to victims, family members and members of the public following a terrorist attack, and information on the attack and measures established in response to it, including information on finding or getting in touch with missing victims and measures to help victims to return home, which should include:

i.

How to retrieve any property lost as a result of an attack;

| ii. | Normal psychological responses of victims to an attack and guidance for victims on ways to mitigate any negative responses, and information on possible invisible injuries, such as hearing loss; |
| --- | --- |

ii.

Normal psychological responses of victims to an attack and guidance for victims on ways to mitigate any negative responses, and information on possible invisible injuries, such as hearing loss;

| iii. | Information on how to replace identification documents; |
| --- | --- |

iii.

Information on how to replace identification documents;

| iv. | Information on how to obtain financial assistance, compensation or government benefits; |
| --- | --- |

iv.

Information on how to obtain financial assistance, compensation or government benefits;

| v. | Information on the specific rights of the victims of terrorism and family members, including rights within criminal proceedings as prescribed in the Victims’ Rights Directive; |
| --- | --- |

v.

Information on the specific rights of the victims of terrorism and family members, including rights within criminal proceedings as prescribed in the Victims’ Rights Directive;

| vi. | Any other information deemed necessary for the purposes of ensuring that victims are informed of their rights, their safety, or the services available to them; |
| --- | --- |

vi.

Any other information deemed necessary for the purposes of ensuring that victims are informed of their rights, their safety, or the services available to them;

| (b) | A private-access website, available to the victims of terrorist attacks and their family members, providing information to the victims which is not publicly available; |
| --- | --- |

(b)

A private-access website, available to the victims of terrorist attacks and their family members, providing information to the victims which is not publicly available;

| (c) | Planning on how to inform family members about victims’ situations; |
| --- | --- |

(c)

Planning on how to inform family members about victims’ situations;

| (d) | The uniform collection of information on victims by all authorities and organisations responsible for the reception, treatment and assistance of victims; information should be collected in accordance with the needs of all organisations involved in the response to a terrorist attack and in support of the victims and their families; |
| --- | --- |

(d)

The uniform collection of information on victims by all authorities and organisations responsible for the reception, treatment and assistance of victims; information should be collected in accordance with the needs of all organisations involved in the response to a terrorist attack and in support of the victims and their families;

| 74. | Calls on the Member States to establish a national network of victim support services in order to enhance cooperation between these organisations, and to launch working groups to share good practices, develop training and improve communication between authorities and the victims of crime; |
| --- | --- |

74.

| 75. | Calls on the Commission to enter into a dialogue with the Member States in order to reduce the glaring disparities (17) in the financial compensation granted by each Member State to the victims of terrorist attacks; |
| --- | --- |

75.

| 76. | Emphasises that it is vital that the Member States respond to the victims of crime in a respectful, sensitive and professional manner in order to help encourage them to report to law enforcement or medical staff; |
| --- | --- |

76.

| 77. | Calls on the Member States to ensure that the 112 emergency hotline is fully accessible to disabled persons and that campaigns are launched to raise awareness of it; |
| --- | --- |

77.

| 78. | Reiterates its call on the Commission to present, as soon as possible, a European strategy for preventing and combating all forms of gender-based violence, including a legal act to support the Member States in the prevention and suppression of all forms of violence against women and girls and of gender-based violence; reiterates its call on the Council to activate the passerelle clause by adopting a unanimous decision to identify violence against women and girls (and other forms of gender-based violence) as a criminal offence under Article 83(1) TFEU; |
| --- | --- |

78.

| 79. | Calls on the Member States to set up mechanisms for recovering adequate compensation payments from offenders; |
| --- | --- |

79.

| 80. | Calls on the Member States to implement efficiently, with sufficient economic and financial resources and in full cooperation with the Commission and other relevant actors, including civil society, all provisions of the Victims’ Rights Directive; |
| --- | --- |

80.

| 81. | Calls on the Commission to include the priority of safeguarding personal security and the protection of all individuals from gender-based and interpersonal violence in the European Agenda on Security; |
| --- | --- |

81.

o

o o

| 82. | Instructs its President to forward this resolution to the Council, the Commission, and the governments and parliaments of the Member States. |
| --- | --- |

82.

---

(1)  OJ L 131, 20.5.2017, p. 11.

(2)  OJ L 131, 20.5.2017, p. 13.

(3)  OJ L 82, 22.3.2001, p. 1.

(4)  OJ L 88, 31.3.2017, p. 6.

(5)  OJ L 132, 21.5.2016, p. 1.

(6)  OJ L 181, 29.6.2013, p. 4.

(7)  OJ L 315, 14.11.2012, p. 57.

(8)  OJ L 338, 21.12.2011, p. 2.

(9)  OJ L 101, 15.4.2011, p. 1.

(10)  OJ L 335, 17.12.2011, p. 1.

(11)  Texts adopted, P8_TA(2017)0501.

(12)  OJ L 127, 29.4.2014, p. 39.

(13)  OJ L 261, 6.8.2004, p. 15.

(14)  Texts adopted, P8_TA(2017)0329.

(15)  See Parliament’s resolution of 12 September 2017 on the conclusion of the Istanbul Convention.

(16)  Chamber judgment of 16 July 2009, Féret v Belgium, C-573.

(17)  National financial compensation ranges from the token amount of one euro in some Member States to up to EUR 250 000 or more in others.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/128 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/128

---

P8_TA(2018)0230

Annual report on the implementation of the Common Commercial Policy

European Parliament resolution of 30 May 2018 on the Annual report on the implementation of the Common Commercial Policy (2017/2070(INI))

(2020/C 76/14)

The European Parliament,

| — | having regard to the Commission communication entitled ‘Trade for All: Towards a more responsible trade and investment policy’, |
| --- | --- |

—

having regard to the Commission communication entitled ‘Trade for All: Towards a more responsible trade and investment policy’,

| — | having regard to its resolution of 5 July 2016 on a new forward-looking and innovative future strategy for trade and investment (1), |
| --- | --- |

—

having regard to its resolution of 5 July 2016 on a new forward-looking and innovative future strategy for trade and investment (1),

| — | having regard to the Commission report of 13 September 2017 on the implementation of the trade policy strategy ‘Trade for All’ (COM(2017)0491), |
| --- | --- |

—

having regard to the Commission report of 13 September 2017 on the implementation of the trade policy strategy ‘Trade for All’ (COM(2017)0491),

| — | having regard to the Commission report of 9 November 2017 on ‘Implementation of free trade agreements, 1 January 2016 - 31 December 2016’ (COM(2017)0654), |
| --- | --- |

—

having regard to the Commission report of 9 November 2017 on ‘Implementation of free trade agreements, 1 January 2016 - 31 December 2016’ (COM(2017)0654),

| — | having regard to the resolution adopted by the UN General Assembly on 25 September 2015, entitled ‘Transforming our world: the 2030 Agenda for Sustainable Development’, |
| --- | --- |

—

having regard to the resolution adopted by the UN General Assembly on 25 September 2015, entitled ‘Transforming our world: the 2030 Agenda for Sustainable Development’,

| — | having regard to the State of the Union address by the President of the Commission, Jean-Claude Juncker, of 13 September 2017, |
| --- | --- |

—

having regard to the State of the Union address by the President of the Commission, Jean-Claude Juncker, of 13 September 2017,

| — | having regard to its resolution of 15 November 2017 on multilateral negotiations in view of the 11th WTO Ministerial Conference in Buenos Aires, 10-13 December 2017 (2), |
| --- | --- |

—

having regard to its resolution of 15 November 2017 on multilateral negotiations in view of the 11th WTO Ministerial Conference in Buenos Aires, 10-13 December 2017 (2),

| — | having regard to its resolution of 5 July 2016 on implementation of the 2010 recommendations of Parliament on social and environmental standards, human rights and corporate responsibility (3), |
| --- | --- |

—

having regard to its resolution of 5 July 2016 on implementation of the 2010 recommendations of Parliament on social and environmental standards, human rights and corporate responsibility (3),

| — | having regard to its resolution of 3 February 2016 containing the European Parliament’s recommendations to the Commission on the negotiations for the Trade in Services Agreement (TiSA) (4), |
| --- | --- |

—

having regard to its resolution of 3 February 2016 containing the European Parliament’s recommendations to the Commission on the negotiations for the Trade in Services Agreement (TiSA) (4),

| — | having regard to its resolution of 12 September 2017 on the impact of international trade and the EU’s trade policies on global value chains (5), |
| --- | --- |

—

having regard to its resolution of 12 September 2017 on the impact of international trade and the EU’s trade policies on global value chains (5),

| — | having regard to its position at first reading of 15 November 2017 with a view to the adoption of Regulation (EU) 2017/... of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (6), |
| --- | --- |

—

having regard to its position at first reading of 15 November 2017 with a view to the adoption of Regulation (EU) 2017/... of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (6),

| — | having regard to its resolution of 12 December 2017‘Towards a digital trade strategy’ (7), |
| --- | --- |

—

having regard to its resolution of 12 December 2017‘Towards a digital trade strategy’ (7),

| — | having regard to its position at first reading of 16 March 2017 with a view to the adoption of Regulation (EU) 2017/... of the European Parliament and of the Council laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating in conflict-affected and high-risk areas (8), |
| --- | --- |

—

having regard to its position at first reading of 16 March 2017 with a view to the adoption of Regulation (EU) 2017/... of the European Parliament and of the Council laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating in conflict-affected and high-risk areas (8),

| — | having regard to its position at first reading of 4 October 2016 with a view to the adoption of Regulation (EU) 2016/... of the European Parliament and of the Council amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (9), |
| --- | --- |

—

having regard to its position at first reading of 4 October 2016 with a view to the adoption of Regulation (EU) 2016/... of the European Parliament and of the Council amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (9),

| — | having regard to its resolution of 25 November 2010 on human rights and social and environmental standards in international trade agreements (10), |
| --- | --- |

—

having regard to its resolution of 25 November 2010 on human rights and social and environmental standards in international trade agreements (10),

| — | having regard to its resolution of 25 November 2010 on international trade policy in the context of climate change imperatives (11), |
| --- | --- |

—

having regard to its resolution of 25 November 2010 on international trade policy in the context of climate change imperatives (11),

| — | having regard to the Commission communication of 24 May 2006 entitled ‘Promoting decent work for all: The EU contribution to the implementation of the decent work agenda in the world’ (COM(2006)0249, SEC(2006)0643), |
| --- | --- |

—

having regard to the Commission communication of 24 May 2006 entitled ‘Promoting decent work for all: The EU contribution to the implementation of the decent work agenda in the world’ (COM(2006)0249, SEC(2006)0643),

| — | having regard to its resolution of 18 May 2017 on the implementation of the Free Trade Agreement between the European Union and the Republic of Korea (12), |
| --- | --- |

—

having regard to its resolution of 18 May 2017 on the implementation of the Free Trade Agreement between the European Union and the Republic of Korea (12),

| — | having regard to Opinion 2/15 of the Court of Justice of the European Union (CJEU) of 16 May 2017 on the Union competence to sign and conclude the Free Trade Agreement with Singapore, |
| --- | --- |

—

having regard to Opinion 2/15 of the Court of Justice of the European Union (CJEU) of 16 May 2017 on the Union competence to sign and conclude the Free Trade Agreement with Singapore,

| — | having regard to the Commission study of 15 November 2016 on the cumulative effects of future trade agreements on EU agriculture, |
| --- | --- |

—

having regard to the Commission study of 15 November 2016 on the cumulative effects of future trade agreements on EU agriculture,

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

—

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

| — | having regard to the Commission staff working document of 14 July 2015 entitled ‘implementing the UN Guiding Principles on Business and Human Rights – State of Play’ (SWD(2015)0144), |
| --- | --- |

—

having regard to the Commission staff working document of 14 July 2015 entitled ‘implementing the UN Guiding Principles on Business and Human Rights – State of Play’ (SWD(2015)0144),

| — | having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), in particular Article 4(1) there prohibiting slavery and servitude, |
| --- | --- |

—

having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), in particular Article 4(1) there prohibiting slavery and servitude,

| — | having regard to Articles 207, 208 and 218 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 207, 208 and 218 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Rule 52 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure,

| — | having regard to the report of the Committee on International Trade and the opinion of the Committee on Development (A8-0166/2018), |
| --- | --- |

—

having regard to the report of the Committee on International Trade and the opinion of the Committee on Development (A8-0166/2018),

| A. | whereas the Common Commercial Policy comprises a body of trade agreements and legislative measures to safeguard the Union’s offensive and defensive trade interests, contribute to sustainable growth and decent job creation, ensure that EU rules and standards are observed, safeguard states’ right to regulate and citizens’ well-being, and promote EU values; and whereas adherence to these aims requires good orientation of Union trade policy and full and efficient implementation and monitoring thereof in a fairer and more transparent manner; |
| --- | --- |

A.

whereas the Common Commercial Policy comprises a body of trade agreements and legislative measures to safeguard the Union’s offensive and defensive trade interests, contribute to sustainable growth and decent job creation, ensure that EU rules and standards are observed, safeguard states’ right to regulate and citizens’ well-being, and promote EU values; and whereas adherence to these aims requires good orientation of Union trade policy and full and efficient implementation and monitoring thereof in a fairer and more transparent manner;

| B. | whereas the Union has committed itself to policy coherence for development in its 2017 European Consensus on Development, which seeks to bring about sustainable development and accelerate transformation by placing an emphasis on cross-cutting elements of development policy such as gender equality, youth, investment and trade, sustainable energy and climate action, good governance, democracy, the rule of law and human rights, and migration and mobility, in order to contribute with the entirety of its external policies, including the Common Commercial Policy, to the goals defined in the United Nations 2030 Agenda for Sustainable Development; |
| --- | --- |

B.

whereas the Union has committed itself to policy coherence for development in its 2017 European Consensus on Development, which seeks to bring about sustainable development and accelerate transformation by placing an emphasis on cross-cutting elements of development policy such as gender equality, youth, investment and trade, sustainable energy and climate action, good governance, democracy, the rule of law and human rights, and migration and mobility, in order to contribute with the entirety of its external policies, including the Common Commercial Policy, to the goals defined in the United Nations 2030 Agenda for Sustainable Development;

| C. | whereas the Union is committed to promoting decent work for all, as laid down in the 2005 United Nations World Summit Outcome and in the Ministerial Declaration of the United Nations Economic and Social Council High Level Segment 2006, including through its trade relations; whereas the European Council has repeatedly underlined the importance of strengthening the social dimension of globalisation and of taking it into account in various internal and external policies and in international cooperation; |
| --- | --- |

C.

whereas the Union is committed to promoting decent work for all, as laid down in the 2005 United Nations World Summit Outcome and in the Ministerial Declaration of the United Nations Economic and Social Council High Level Segment 2006, including through its trade relations; whereas the European Council has repeatedly underlined the importance of strengthening the social dimension of globalisation and of taking it into account in various internal and external policies and in international cooperation;

| D. | whereas the Union is the world’s leading commercial power and the biggest single market in the world, and it is also the world's leading exporter of goods and services, sustaining 31 million jobs in Europe, 67 % more than in the mid-1990s; |
| --- | --- |

D.

whereas the Union is the world’s leading commercial power and the biggest single market in the world, and it is also the world's leading exporter of goods and services, sustaining 31 million jobs in Europe, 67 % more than in the mid-1990s;

| E. | whereas the World Trade Organisation (WTO) is the only worldwide international organisation dealing with the global rules of trade between different economic areas or countries; |
| --- | --- |

E.

whereas the World Trade Organisation (WTO) is the only worldwide international organisation dealing with the global rules of trade between different economic areas or countries;

| F. | whereas the implementation and enforcement phase is of crucial and fundamental importance in ensuring that Union trade policy is effective; |
| --- | --- |

F.

whereas the implementation and enforcement phase is of crucial and fundamental importance in ensuring that Union trade policy is effective;

| G. | whereas the Union’s citizens are increasingly demanding that the Union's trade policy ensure that goods entering the EU market have been produced under decent and sustainable conditions; |
| --- | --- |

G.

whereas the Union’s citizens are increasingly demanding that the Union's trade policy ensure that goods entering the EU market have been produced under decent and sustainable conditions;

| H. | whereas European companies use the reductions in customs duty available under trade agreements for approximately 70 % of the exports that could potentially benefit from them, whereas the corresponding take-up rate among our trade partners is 90 %, and whereas it is essential that European companies should utilise these advantages to the full in order to boost employment, growth and investment; |
| --- | --- |

H.

whereas European companies use the reductions in customs duty available under trade agreements for approximately 70 % of the exports that could potentially benefit from them, whereas the corresponding take-up rate among our trade partners is 90 %, and whereas it is essential that European companies should utilise these advantages to the full in order to boost employment, growth and investment;

| I. | whereas SMEs help to drive the European economy, accounting for 30 % of the Union’s exports and 90 % of employment in the EU, and whereas it is essential that they be fully involved in the implementation of EU trade policy, thus reinforcing its role in exportation, innovation and internationalisation; |
| --- | --- |

I.

whereas SMEs help to drive the European economy, accounting for 30 % of the Union’s exports and 90 % of employment in the EU, and whereas it is essential that they be fully involved in the implementation of EU trade policy, thus reinforcing its role in exportation, innovation and internationalisation;

| J. | whereas the Union is the world’s largest exporter of services and its trade surplus in the services sector has increased tenfold since 2000, exceeding EUR 120 billion in 2016; |
| --- | --- |

J.

whereas the Union is the world’s largest exporter of services and its trade surplus in the services sector has increased tenfold since 2000, exceeding EUR 120 billion in 2016;

| K. | whereas the questions raised in public debate about the Common Commercial Policy and the way it is implemented need to be answered clearly and precisely; |
| --- | --- |

K.

whereas the questions raised in public debate about the Common Commercial Policy and the way it is implemented need to be answered clearly and precisely;

| L. | whereas the Common Commercial Policy, as suggested by the Trade for All strategy, is a value-based policy intended to promote, among other things, good governance, transparency, sustainable development and fair trade practices; |
| --- | --- |

L.

whereas the Common Commercial Policy, as suggested by the Trade for All strategy, is a value-based policy intended to promote, among other things, good governance, transparency, sustainable development and fair trade practices;

| M. | whereas the Union’s trade policy must be consistent with its other external and internal policies and in accordance with the principle of policy coherence for development to ensure transparency, stability and fairer conditions for competition, bearing in mind, among other things, the objectives of the Europe 2020 strategy for smart, sustainable and inclusive growth; |
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M.

whereas the Union’s trade policy must be consistent with its other external and internal policies and in accordance with the principle of policy coherence for development to ensure transparency, stability and fairer conditions for competition, bearing in mind, among other things, the objectives of the Europe 2020 strategy for smart, sustainable and inclusive growth;

The current context

| 1. | Points out that the international context has changed profoundly since the Trade for All strategy was published and that new trade challenges and concrete tasks now need to be addressed; is concerned to see the rise of some protectionist practices that are incompatible with WTO rules, around the world and reiterates its support for an open, fair, balanced, sustainable, and rules-based trading system; |
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1.

| 2. | Takes note of the growing economic importance of Asia and of the USA’s gradual withdrawal on the trade front, generating uncertainty for trade internationally, as well as domestic criticisms of international trade policy and the demand for fair trade; calls on the Commission to adapt its trade policy to address these developments and to be more responsive and responsible, while at the same time establishing a longer-term strategy, given these changes in the international context; underlines that, in this changing global context, the role of the EU in promoting a value-based trade agenda is increasingly important to European citizens; |
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2.

| 3. | Highlights the growing importance of services, especially digital services, including the servicification of trade in goods (Mode 5), of data flow and of e-commerce in international trade; underscores the need to strengthen the international rules governing these sectors so as to secure real benefits for consumers, improve European companies’ access to international markets, and safeguard the observance of fundamental rights throughout the world, including data protection and privacy; points out that the protection of personal data is non-negotiable in trade agreements, believes that the digital rights of citizens should be advanced through trade agreements and recalls its position on data protection and digital trade as expressed in its resolution ‘Towards a digital trade strategy’; underlines that EU trade policy can play a significant role in bridging the digital divide; encourages the Commission to advance the digital trade agenda in ongoing and future Free Trade Agreement (FTA) negotiations and at the WTO; calls for digital trade chapters to be included in all future trade agreements, including those currently under negotiation and recalls the importance of preventing unjustified data localisation requirements; asks the Commission to pursue a digital trade strategy that takes into account the opportunities it offers to small and medium-sized businesses by facilitating access to global markets; |
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3.

| 4. | Emphasises that the United Kingdom’s departure from the EU will have consequences for internal and external trade; calls on the Commission to anticipate the impact of Brexit on the Union’s trade policy and to ensure continuity in the implementation of EU trade policy and relations with third countries and also ways of finding a solution as regards common commitments in the WTO; |
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4.

| 5. | Takes note of Opinion 2/15 of the CJEU, of 16 May 2017, establishing that, apart from the question of portfolio investment and the arrangements for investor-state dispute settlement, the FTA with Singapore lies within the exclusive competence of the Union; asks the Commission and the Council to clarify at the earliest possible date their decision on the structure of FTAs in the future and to fully respect this distribution of competences between the EU and its Member States for the adoption of negotiating directives, the negotiations, the legal basis of proposals to sign and conclude, and in particular for the Council’s signature and conclusion of international trade agreements, in order not to further delay any agreed but not yet ratified trade deals with trade partners; points out that Parliament must be involved and must be kept fully informed from the onset of all trade negotiations, prior to the adoption of negotiating guidelines, in a timely manner, at all stages of the mandate conferral, and of the negotiation and implementation of trade agreements; demands that the necessary arrangements to be made through an interinstitutional agreement in the context of the Better Law-Making agreement; |
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5.

| 6. | Notes that, despite the US withdrawal from negotiations, the remaining 11 countries managed to reach a deal on the Trans-Pacific Partnership Agreement on 23 January 2018 in Tokyo; |
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6.

State of progress of the Union’s trade negotiations programme

| 7. | Deplores the failure to reach agreement at the WTO ministerial meeting in Buenos Aires; stresses the primary political and economic importance of the multilateral system and reiterates its support for the system; calls on the Union actively to advance proposals for updated, multilateral rules, taking into account new challenges emerging from global value chains, and to promote the central role of the WTO within the global system of trade; welcomes the entry into force of the Trade Facilitation Agreement; welcomes the extension of the WTO waiver for pharmaceutical products for least developed countries (LDCs) until 2033; considers it regrettable that certain multilateral agreements are not being observed and calls on the Commission to work harder, within the WTO, on the effective implementation of multilateral rules and agreements; recalls its previous demand to the Commission to engage in framing the WTO agenda, in particular with respect to Corporate Social Responsibility and trade and sustainable development; reiterates its concern over US blockages of new appointments to the WTO appellate body and stresses the importance of a well-functioning dispute settlement system at the WTO; calls on the Commission to enhance cooperation with our major partners in addressing unfair competition and protectionist practices by third countries; |
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7.

| 8. | Notes the stand-off in plurilateral negotiations on the Trade in Services Agreement (TiSA) and the Environmental Goods Agreement; calls for the Union to take the initiative to get both negotiation processes moving again, and in the case of the TiSA negotiations, in line with Parliament’s position on TiSA; |
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8.

| 9. | Emphasises that several FTAs, e.g. the trade agreements with Canada and Ecuador, the DCFTA provisions in the EU-Ukraine association agreement and several Economic Partnership Agreements (EPAs) with African countries, have entered into force fully or provisionally and that trade agreements with Singapore, Vietnam and Japan have been concluded since the Trade for All strategy was published; underlines the need to give enough political and administrative support to ensure that trade deals can be agreed and ratified within appropriate timeframes; supports the ongoing process of modernisation of the trade agreements with Chile and Mexico; recalls its request to start the negotiations with Australia and New Zealand, taking into account its positions; |
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9.

| 10. | Highlights that mutually beneficial trade and investment relations with EU strategic partners should be further promoted and enhanced; calls for renewed efforts to advance negotiations on the Comprehensive Agreement on Investment with China, particularly concerning reciprocity in market access treatment and progress on sustainable development; |
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10.

| 11. | Emphasises that the agreements concluded and the Union’s ongoing and forthcoming bilateral negotiations represent opportunities for growth through market access and the lifting of trade barriers; asks the Commission to continuously engage with stakeholders to assess priorities in ongoing negotiations; recalls that priority must be given to the substance of the negotiations rather than their pace, that the negotiations must be conducted in a spirit of reciprocity and mutual benefit, that EU rules and standards must be secured, preventing threats to the EU’s social model and the environment, and that public services, including services of general interest and services of general economic interest, in line with Articles 14 and 106 TFEU and Protocol No 26, as well as audiovisual services, must be excluded; stresses that the Commission must ensure in all trade negotiations that EU and national and local authorities retain the full right to introduce, adopt, maintain or repeal any measures with regard to the commissioning, organisation, funding and provision of public services as has been the case with previous trade agreements; |
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11.

| 12. | Asks the Commission and Member States to review and, if necessary, update the negotiating mandates for the ongoing trade negotiations every five years in order to reflect potentially changing contexts and challenges, and to include review clauses in trade agreements to ensure that they are implemented as effectively as possible and that they are adaptable in order to reflect and adapt to current contexts, provided that parliamentary scrutiny and transparency are guaranteed; |
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12.

| 13. | Points out that the Commission has announced on more than one occasion the launch of negotiations about investment with Hong Kong and Taiwan, and calls on the Commission to finish the preparatory work in order to formally start negotiations on investment agreements as soon as possible; |
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13.

| 14. | Highlights the importance to the European economy of internal and external investment and the need to ensure that EU investors abroad are protected; asks the Commission to pursue its work on the new multilateral system for ruling on investment disputes, which must be based, inter alia, on a guarantee of states’ right to regulate and on transparency, and provide for an appeal mechanism, strict rules on conflict of interest and a code of conduct; considers that this new system has to address investors’ obligations, prevent frivolous litigation, preserve the right to regulate in the public interest and avoid regulatory chill, guarantee judicial equality among investors (with particular attention to micro-enterprises and SMEs), independence, transparency and accountability; to explore the possible inclusion of procedural provisions on, inter alia, counterclaims where investments subject to a claim have been made in violation of applicable laws, and avoiding parallel claims in different avenues to justice, thereby clarifying its relationship to domestic courts; |
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14.

| 15. | Calls on the Member States to finally unblock the procedure regarding the Mauritius Convention on Transparency in Treaty-based Investor-State Arbitration now that the CJEU has brought clarity regarding questions of competence, and on the Commission to redouble its efforts in this respect; request also that the review of the grandfathering regulation for bilateral investment treaties maintained by the Member States be brought forward from 2020; |
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15.

| 16. | Expects a reinforced engagement of the EU and its Member States in deliberations within the UN regarding a Binding Treaty on Business and Human Rights; |
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16.

| 17. | Notes with concern that the reform of rules of origin announced in the Trade for All strategy has not been implemented; highlights the complexity of rules of origin and reiterates its call for updated, easily applicable and clearer rules of origin; stresses the commitment made at the Euromed 10th Trade Ministerial Conference to finalise the revision of the Pan-Euromed Convention on Rules of Origin by the end 2018; reiterates its call to the Commission to draw up a report on the state of play with regard to rules of origin, taking into account the cumulative effects of rules of origin through bilateral FTAs; |
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17.

| 18. | Points out that, in the implementation of Union trade policy, special attention needs to be paid to agricultural products and to the interests of European producers and consumers, in particular in light of the cumulative impact of all FTAs on the sector; emphasises that trade agreements, and notably the agreement with Japan, can open up new business horizons for the agrifood sector; notes that the Union is the largest exporter of agrifood products in the world; highlights the importance of striking the right balance between protecting sensitive agricultural products and advancing the Union’s offensive interests in relation to agrifood exports, with provision for, inter alia, transition periods and suitable quotas, and in certain cases for the possible exclusion of the most sensitive products; points out that it is essential to safeguard a robust system of health and plant-health rules in line with the EU precautionary principle while combating any form of discriminatory treatment in this area; |
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18.

The reciprocity principle as a pillar of Union trade policy and a guarantee of fair competition

| 19. | Strongly believes that one of the main goals of the Union’s trade policy should be to promote fair competition and ensure a level playing field; welcomes the references to the principle of reciprocity in the report on implementation of the Union trade strategy; reiterates that reciprocity must be a pillar of Union trade policy while taking into account the need for asymmetries with developing countries when it is relevant and preferential treatment provisions for least-developed nations; notes the Commission’s amended proposal for a regulation on the access of third-country goods and services to the Union’s internal market in public procurement, which could be an important tool for ensuring a level playing field in the market access of third countries; takes the view that the initiative on screening of foreign direct investments into the European Union aims to protect the security and the public order of the Union and the Member States and could make for greater reciprocity in the area of access to markets while ensuring continued openness to foreign direct investment; |
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19.

| 20. | Points out that trade policy must be implemented in such a way as to help ensure that companies can compete fairly on a level playing field; welcomes the adoption of the new method for calculating anti-dumping duties in cases of distortion of competition in third countries; takes note of the interinstitutional agreement reached on the modernisation of trade defence instruments; stresses the new possibility they offer, in particular with respect to imposing duties above the injury margin; highlights the importance of ensuring that these new instruments are implemented properly by intervening immediately to rectify any dysfunctions or abuses, proportionally and in full compliance with WTO law and the Union’s other legal obligations; welcomes the Commission’s pro-active stance in the deployment of trade defence instruments in 2016, and calls for similar resolve and reactivity when these instruments are used unduly against EU exports by some of our trading partners; |
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20.

| 21. | Considers it regrettable that the Commission report on the implementation of the trade policy strategy makes scarcely any mention of the task of coordination which needs to be undertaken with customs services; points out that trade policy must work to combat unlawful trading in order to keep EU companies competitive and to ensure a high level of consumer safety; points also to the important role of competition policy in this respect and the need for bilateral and multilateral negotiations to this end; |
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21.

Using effective cross-cutting measures to implement a trade policy that benefits everyone

| 22. | Calls for trade policy implementation to become an integral component of the Union’s trade strategy; |
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22.

| 23. | Urges the Commission, in cases of dysfunction or hindrance or where a partner fails to observe a commitment, to make immediate use of the tools at its disposal, particularly through recourse to the disputes settlement procedure as well as the existing ad hoc processes foreseen for trade and sustainable development provisions in the Union’s FTAs; |
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23.

| 24. | Calls on the Commission to take stock of the human and financial resources currently available, with a view to improving the preparation of trade agreements for adoption by our co-legislators and the way that trade policy is implemented, and asks that a special trade policy implementation monitoring and continuous evaluation service be set up within the Commission, reporting also to Parliament; |
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24.

| 25. | Urges the Commission and Member States to do more, particularly through the use of IT, to eliminate all administrative obstacles and unnecessary burdens, to simplify technical procedures and to support companies taking steps to benefit from trade agreements and instruments; |
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25.

| 26. | Highlights the vital work done by Union delegations, in conjunction with Member State embassies and social partners, which enables swift and direct action to be taken to ensure that trade provisions are properly implemented and problems and obstacles quickly identified and effectively tackled; believes that Union delegations would benefit from a streamlined system based on a single set of rules and guidance in order to ensure more coherence; encourages the Commission to involve EU delegations in third countries more closely in the transposition of existing and new free-trade agreements, with particular regard to the local start-up scene; encourages the Commission and the EEAS to pursue their work in the field of economic diplomacy, with the involvement of, among others, European chambers of commerce; |
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26.

| 27. | Asks the Commission to conduct a study of the cumulative impact of trade agreements, sector by sector and country by country, as a contribution to the evaluation of our trade policy and with a view to anticipating and amending its effects; |
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27.

| 28. | Highlights the fact that certain sectors may experience economic difficulties which are trade related; calls on the Commission and the Member States to develop flanking policies taking into account a social perspective, in order to maximise the benefits and minimise the potential negative effects of trade liberalisation; asks the Commission, in this context, to reinforce the effectiveness of the European Globalisation Adjustment Fund and make it more pro-active; |
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28.

| 29. | Encourages the Commission to pursue and intensify its cooperation with international organisations and forums, including the G20, the United Nations, the OECD, the ILO, the World Bank, the World Customs Organisation and the International Organisation for Standardisation, on the development of international standards, their implementation and the monitoring of trade including on social and environmental aspects; |
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29.

Analysis of the Commission’s first Report on Implementation of FTAs

| 30. | Welcomes the publication by the Commission of the first report on implementation of FTAs; asks the Commission to continue publishing the report annually; insists in addition, however, that the Commission should conduct more in-depth comprehensive studies on the implementation of the Union’s FTAs, cover the topic in greater depth and ensure that the studies include relevant and appropriate econometric and qualitative analysis and interpretations of data, concrete recommendations, placing in context the figures published and providing additional qualitative information, including – for the implementation of the rules – parts of FTAs such as Trade and Sustainable Development (TSD) and public procurements; underlines that this will make it possible to have a comprehensive and better assessment of the real impact of agreements on the ground with a view to making the report effective in guiding the EU institutions on the definition and conduct of the Union’s trade strategy; believes, in this connection, that a common methodology should be identified and used for these studies; |
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30.

| 31. | Asks the Commission to report on provisions of most favoured nation (MFN) treatment in existing EU bilateral FTAs and on their practical effect in guaranteeing additional EU market access in third countries through FTAs negotiated by the EUs FTA partners; |
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31.

| 32. | Points out that various elements of information, as well as figures, are missing from the report; asks the Commission to work more closely with the Member States and partner countries in order to obtain more data and information on the implementation of the agreements; asks the Commission to provide information on, among other things, the impact on growth and jobs of all FTAs, the contribution of FTAs to the evolution of trade flows and the impact of trade and investment agreements on investment flows and trade in services; |
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32.

| 33. | Is concerned at the poor use of trade preferences in the Union’s FTAs, in particular at the fact that European exporters use them to a lesser degree than partner countries’ exporters; asks the Commission to determine the causes of the imbalance as quickly as possible and to address them; asks the Commission to analyse the relationship between complex origin rules and the uptake of preferential trade agreements by economic operators; calls on the Commission and the Member States to move swiftly on developing measures to give economic operators more information about the trade preferences provided for in the FTAs; believes that detailed information, including at micro level, is required in order to properly assess the implementation of the EU’s FTA; |
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33.

| 34. | Considers that the Commission should pay as much attention to implementation of the provisions of FTAs as it does to the negotiation phase; calls on the Commission to address the implementation problems with the relevant EU trade partners in order to find solutions and systematise exchanges with European operators; |
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34.

| 35. | Invites the Commission to take a diversified approach to the various sectors studied and to set out the consequences of the implementation of trade agreements for those sectors which are considered sensitive; |
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35.

| 36. | Welcomes the announced introduction of implementation roadmaps for all trade agreements, and asks the Commission to involve all the interested parties in preparing them; calls on the Commission to set out the intended objectives and specific criteria on which to base a clear evaluation, such as the state of progress on the removal of non-tariff barriers, the utilisation rate of preferences and of quotas, or the situation with regard to regulatory cooperation and the progress in terms of trade and sustainable development; expects the implementation roadmaps to be transmitted to Parliament in parallel with the official referral and asks that the state of progress with the roadmaps be incorporated into the annual report on implementation of FTAs; |
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36.

| 37. | Points out that trade agreements, including trade chapters in association agreements, cannot come into force until they have been ratified by Parliament; believes that the practice of awaiting Parliament’s consent before provisionally applying politically important agreements must be respected horizontally, as committed to by Commissioner Malmström in her hearing of 29 September 2014; |
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37.

Specific Common Commercial Policy provisions for SMEs

| 38. | Calls on the Commission to evaluate the entire toolkit for SMEs, with a view to developing a more integrated overall approach and a real SME internationalisation strategy, supporting them in becoming exporters; encourages the Commission to promote this approach in international forums; supports the engagement in efficient information campaigns for SMEs in an effort to improve preference utilisation rates in EU FTAs; highlights the importance of multilingualism in addressing SMEs from all the Member States; asks for more legal and administrative support to be made available for SMEs thinking of exporting to foreign markets, not just by updating websites but also by considering the use of new tools such as online technical chats that could provide basic and more easily accessible support; asks that the Union’s delegations take part in contributing to the information about exporting to the respective overseas markets, with a view to help SMEs; |
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38.

| 39. | Considers it regrettable that the Commission report on implementation of FTAs contains little information about SMEs; asks the Commission to devote a specific section of the report to how the implementation of trade agreements is affecting SMEs and how the SME-specific provisions are being used; |
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39.

| 40. | Welcomes the introduction of specific chapters dedicated to SMEs in FTAs currently under negotiation and asks the Commission to continue its efforts in negotiating and including SME-specific chapters and provisions in the trade agreements it negotiates and in its legislative proposals in order to improve the ability of small and medium enterprises to engage in trade and investment; emphasises that understanding the complexity of rules of origin, having them updated, and making them easily applicable and clearer is a matter of great importance to SMEs and that SME-specific provisions need to be negotiated to address the matter of small companies’ access to public procurement markets abroad; asks the Commission to endeavour to provide a rules-of-origin calculator tailored to SMEs that should specifically enable them to use the preferences available under existing agreements with a view to increasing the preference utilisation rate; |
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40.

The importance of public procurement market access and of the protection of geographical indications

| 41. | Notes that the protection of geographical indications is one of the Union’s offensive points in trade agreement negotiations; highlights the finding in the report on implementation of FTAs that certain partners are not complying with provisions on the protection of geographical indications, and calls on the Commission to act without delay to ensure compliance with these provisions; |
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41.

| 42. | Points out that the Union’s public procurement markets are the most open in the world; is concerned at certain partners’ non-compliance with EU FTAs’ provisions on public-procurement market access, to the detriment of EU companies, and at the very limited access to public procurement markets in certain third countries; asks the Commission to work to secure greater access to third countries’ public procurement markets and to consider measures, in compliance with GPA rules, to be used with third countries that give their domestic companies priority access to their public procurement markets; calls on the Commission to collect and publish company-level data on the use of public procurement provisions in FTAs so as to better understand the difficulties encountered by EU businesses; |
| --- | --- |

42.

| 43. | Asks the Commission to supply more information on how access to public procurement markets has changed over recent years, as well as relevant statistics, and to include specific information on the benefits derived from the protection of geographical indications; |
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43.

Effective trade policy implementation helps to promote and protect Union values

| 44. | Recalls that the Common Commercial Policy must contribute to the promotion of the values for which the Union stands, set out in Article 2 of the Treaty on European Union, and to the pursuit of the aims listed in Article 21, including the consolidation of democracy and the rule of law, respect for human rights, as well as fundamental rights and freedoms, equality, respect for human dignity and the protection of the environment and of social rights; believes that achieving these objectives requires resolute and sustained actions from the Commission; underlines that the UN Agenda 2030 and the Paris Agreement on Climate provide primary benchmarks against which to measure the contribution of the EUs trade policy to agreed global sustainable development goals; |
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44.

| 45. | Calls on the Commission systematically monitor the Generalised System of Preferences (GSP), particularly the GSP+, and to continue publishing reports every two years; calls on the Commission to work harder with beneficiary countries, the EEAS, the Union delegations, Member States' diplomatic missions, international organisations, companies, the social partners and civil society in order to improve its information gathering and provide more in-depth analysis of the monitoring exercise so that the implementation of all aspects of the system can be clearly evaluated; stresses that the effectiveness of the GSP rests on the ability of the Commission to monitor and implement the provisions of the legislation in cases of failure to implement international labour or environmental conventions; |
| --- | --- |

45.

| 46. | Points out that the new-generation agreements include human rights clauses and sustainable development chapters, to be implemented comprehensively in their entirety in order to safeguard and promote the observance of human rights, the Union’s values and high social and environmental standards; notes the evaluation of the sustainable development chapters included in the Commission report on implementation of FTAs and calls for a timely implementation of existing TSD provisions; asks the Commission to develop a precise and specific methodology of monitoring and evaluating the implementation of these chapters, given that such an evaluation cannot be made on the basis of quantitative data only; recalls that there are difficulties in the implementation of the TSD provisions in certain cases, for instance with the EU-Korea FTA, and therefore reiterates its call to strengthen the enforcement and monitoring of TSD chapters, through greater involvement of civil society organisations, including social partners, in all trade agreements; regrets that the Commission has prematurely concluded the debate on how to strengthen the enforcement of the sustainable development chapter in trade agreements, including the consideration of a sanctions-based approach among other options; |
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46.

| 47. | Recalls in this context the important role of Domestic Advisory Groups (DAGs); emphasises the potential added value of a more structured and transparent relationship with DAGs in trading partners, recognising their key role in a better comprehension of the local imperatives and local ambitions; considers that DAGs are vital in contributing to the processes required for a better monitoring and implementation of TSD chapters; |
| --- | --- |

47.

| 48. | Welcomes the review of the Aid for Trade strategy and supports the aim of capacity building for developing countries so that they can take greater advantage of the opportunities offered by EU trade agreements; emphasises also that the strategy must help to promote fair and ethical trade and should become a key tool in combating rising global inequality and supporting economic development in the EU partner countries; encourages the Commission to help developing countries to adopt the necessary measures to, among others, maintain access to the European market for their exports and to combat climate change; |
| --- | --- |

48.

| 49. | Reaffirms its support for the inclusion in all future trade agreements of ambitious provisions on combating corruption within the Union's exclusive competence; welcomes the inclusion of anti-corruption provisions in the ongoing negotiations on updating the EU-Mexico FTA and EU-Chile Association Agreements; recalls that FTAs offer a good opportunity to increase cooperation in the fight against money laundering, tax fraud and tax evasion; |
| --- | --- |

49.

| 50. | Welcomes the fact that gender equality has been taken into account in the Commission’s report on the implementation of its trade strategy; underscores the aim of ensuring that women benefit from trade to the same extent as men, including through the Aid for trade strategy; stresses that this requires a proactive approach by the Commission, promoting gender mainstreaming in the EU trade policy, and asks the Commission to include this aspect in its future annual implementation reports; |
| --- | --- |

50.

| 51. | Welcomes the Commission’s commitment to ensuring that the trade negotiations to modernise the current EU-Chile Association Agreement will include, for the first time in the EU, a specific chapter on gender and trade; reiterates its call on the Commission and the Council to promote and support the inclusion of a specific gender chapter in EU trade and investment agreements; |
| --- | --- |

51.

| 52. | Welcomes the adoption of the Anti-torture Regulation and stresses the importance of ensuring that it is properly implemented and observed by our trade partners; supports the launching of the international Alliance for Torture-Free Trade; |
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52.

| 53. | Welcomes the adoption of the Conflict Minerals Regulation ((EU) 2017/821), with its aim of contributing to more responsible management of the global value chain; calls on the Commission, the Member States and other stakeholders to press ahead with preparations for the regulation’s entry into force; calls on the Commission to ensure that the accompanying measures are devised efficiently and that the Member States and national stakeholders involved are provided with the necessary expertise and assistance, with a special emphasis on accompanying SMEs in enhancing their capacity to fulfil their due diligence requirements, as stipulated by the regulation; |
| --- | --- |

53.

| 54. | Recognises the proliferation of integrated global supply chains in international trade patterns; reiterates its call to seek ways of developing global value chain transparency and accountability strategies and rules, and emphasises that the Common Commercial Policy must be implemented in such a way as to ensure that the global value chain is managed responsibly; asks the Commission to promote and reinforce corporate social responsibility (CSR) as part of its trade policy, including further actions towards developing specific rules and practices, taking into account the OECD Guidelines for Multinational Enterprises, in order to ensure effective implementation of CSR; reiterates its demand to the Commission to include CSR in all trade agreements and to monitor effectively these provisions, within the improved independent monitoring of TSD chapter requested by Parliament, which involves civil society; reasserts its support for international initiatives such as the Bangladesh Sustainability Compact, and asks the Commission to concentrate on the implementation of that initiative; |
| --- | --- |

54.

| 55. | Calls on the Commission and all international actors to adhere to the new OECD due diligence guidelines for responsible supply chains in the garment and footwear sector; |
| --- | --- |

55.

| 56. | Recalls that EU trade and development policy must globally contribute to sustainable development, regional integration and the incorporation of developing countries into regional and ultimately global value chains through economic diversification, which necessitates fair and pro-development global trade rules; calls on the Commission to continue to support the development of a fair Continental Free Trade Area in Africa through political and technical assistance; |
| --- | --- |

56.

| 57. | Recalls that the EU is committed to eradicating the worst forms of child labour at global level, as this arises from our values, as enshrined in Article 21 TEU; reiterates its call on the Commission to put forward a proposal to ban the importation of goods produced using child labour or any other form of forced labour or modern slavery; underlines, in this context, the importance of countries that have not yet done so ratifying ILO Conventions No 182 on the worst forms of child labour and No 138 on the minimum age for admission to employment and work; |
| --- | --- |

57.

| 58. | Notes the progress on the conclusion and implementation of EPAs; deems that an in-depth analysis is needed of their impact on African economies and their sub-sectors, their respective labour markets and the promotion of intra-regional trade in Africa; calls on the Commission to advance dialogue in a spirit of genuine partnership in order to address outstanding issues; recalls that EPAs are asymmetrical agreements which should accord equal importance to development and trade aspects; calls in this regard for the timely implementation of accompanying measures, including the disbursement of EDF resources; |
| --- | --- |

58.

| 59. | Welcomes, furthermore, the implementation of the Cariforum EPA; notes that further awareness-raising is needed to ensure that CARICOM countries are able to take advantage of opportunities under the Agreement; welcomes the establishment of the Joint Consultative Committee, but urges the Commission to ensure that future civil society institutions are convened in a timely fashion; |
| --- | --- |

59.

| 60. | Reiterates its call for the EU to work towards adequate and efficient solutions for the introduction of a transparent and functioning ‘social and environmental traceability’ labelling system along the entire production chain, in compliance with the WTO TBT Agreement, while in parallel promoting similar action at international level; |
| --- | --- |

60.

EU trade policy implementation must be characterised by transparency and access to information

| 61. | Takes note of the Commission’s work on transparency and calls on the Commission to conduct negotiations as transparently as possible, fully respecting best practice as established in other negotiations; believes that achieving transparency must be part of the key objectives of the Commission; calls on the Commission and the Member States to publish the documents relating to the negotiation and implementation of agreements while not undermining the Union's negotiating position; |
| --- | --- |

61.

| 62. | Calls on the Commission and Member States to develop a proper strategy for communication about trade policy and about each agreement, so that as much information as possible is transmitted and information is adapted for specific stakeholders, enabling them to benefit from the agreements; calls on the Commission and Member States to come up with measures for raising economic operators’ awareness about agreements concluded and for sustaining dialogue on a regular basis with professional associations, companies and civil society; |
| --- | --- |

62.

| 63. | Welcomes the publication by the Council of the negotiating mandates for the Transatlantic Trade and Investment Partnership (TTIP), CETA, TiSA, the agreements with Japan, Tunisia and Chile, and the MIC Convention, as well as the Commission’s publication of its draft negotiating mandates for agreements with Australia and New Zealand and for the creation of the MIC in line with the Parliament’s longstanding demand for transparency; calls on the Council and the Member States to publish all negotiating mandates, and on the Commission to publish all draft mandates for the opening of future negotiations; asks the Council and the Commission, when they are drafting and adopting negotiating mandates, to incorporate Parliament’s recommendations; |
| --- | --- |

63.

| 64. | Reiterates its request that the Member States, the European Parliament, the national parliaments, economic operators and representatives of civil society and social partners should be more closely involved in trade policy monitoring, including – but not limited to – TSD provisions; calls on the Commission to publish an action plan and details of the ‘Enhanced Partnership’ model for the implementation of trade agreements; |
| --- | --- |

64.

| 65. | Asks the Commission to improve the quality of the impact studies carried out for each trade agreement and to include in them sectoral and geographical analysis; stresses that better and more timely communication about the information contained in ex ante and ex post impact studies on trade agreements is essential; |
| --- | --- |

65.

| 66. | Welcomes the announcement that a consultative group is being set up to monitor trade policy; stresses the importance of establishing the new body rapidly and in a transparent, public and inclusive way; asks the Commission to publish the consultative group’s meeting and working documents on a regular basis; calls on the Commission also to define processes to ensure that a proper response is given on issues raised by the consultative group; |
| --- | --- |

66.

o

o o

| 67. | Instructs its President to forward this resolution to the Council and the Commission, the national parliaments of the Member States, the European Economic and Social Committee and the Committee of the Regions. |
| --- | --- |

67.

---

(1)  OJ C 101, 16.3.2018, p. 30.

(2)  Texts adopted, P8_TA(2017)0439.

(3)  OJ C 101, 16.3.2018, p. 19.

(4)  OJ C 35, 31.1.2018, p. 21.

(5)  Texts adopted, P8_TA(2017)0330.

(6)  Texts adopted, P8_TA(2017)0437.

(7)  Texts adopted, P8_TA(2017)0488.

(8)  Texts adopted, P8_TA(2017)0090.

(9)  Texts adopted, P8_TA(2016)0369.

(10)  OJ C 99 E, 3.4.2012, p. 31.

(11)  OJ C 99 E, 3.4.2012, p. 94.

(12)  Texts adopted, P8_TA(2017)0225.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/139 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/139

---

P8_TA(2018)0231

Situation of imprisoned EU-Iranian dual nationals in Iran

European Parliament resolution of 31 May 2018 on the situation of imprisoned EU-Iranian dual nationals in Iran (2018/2717(RSP))

(2020/C 76/15)

The European Parliament,

| — | having regard to its previous resolutions on Iran, in particular those of 25 October 2016 on the EU strategy towards Iran after the nuclear agreement (1), of 3 April 2014 on the EU strategy towards Iran (2), of 17 November 2011 on Iran – recent cases of human rights violations (3), and of 10 March 2011 on the EU’s approach towards Iran (4), |
| --- | --- |

—

having regard to its previous resolutions on Iran, in particular those of 25 October 2016 on the EU strategy towards Iran after the nuclear agreement (1), of 3 April 2014 on the EU strategy towards Iran (2), of 17 November 2011 on Iran – recent cases of human rights violations (3), and of 10 March 2011 on the EU’s approach towards Iran (4),

| — | having regard to its previous resolutions on the EU Annual Reports on Human Rights, |
| --- | --- |

—

having regard to its previous resolutions on the EU Annual Reports on Human Rights,

| — | having regard to the EU Guidelines on the Death Penalty, on Torture, on Freedom of Expression and on Human Rights Defenders, |
| --- | --- |

—

having regard to the EU Guidelines on the Death Penalty, on Torture, on Freedom of Expression and on Human Rights Defenders,

| — | having regard to the new EU Strategic Framework and Action Plan on Human Rights and Democracy, which aims to place the protection and surveillance of human rights at the heart of all EU policies, |
| --- | --- |

—

having regard to the new EU Strategic Framework and Action Plan on Human Rights and Democracy, which aims to place the protection and surveillance of human rights at the heart of all EU policies,

| — | having regard to Council Decision (CFSP) 2018/568 of 12 April 2018 (5), extending the restrictive measures related to serious human rights violations in Iran for one year, until 13 April 2019, |
| --- | --- |

—

having regard to Council Decision (CFSP) 2018/568 of 12 April 2018 (5), extending the restrictive measures related to serious human rights violations in Iran for one year, until 13 April 2019,

| — | having regard to the joint statement made in Tehran on 16 April 2016 by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), Federica Mogherini, and the Minister of Foreign Affairs of the Islamic Republic of Iran, Javad Zarif, in which it was agreed to engage in a human rights dialogue and to organise exchange visits between the EU and Iran on human rights-related issues, |
| --- | --- |

—

having regard to the joint statement made in Tehran on 16 April 2016 by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), Federica Mogherini, and the Minister of Foreign Affairs of the Islamic Republic of Iran, Javad Zarif, in which it was agreed to engage in a human rights dialogue and to organise exchange visits between the EU and Iran on human rights-related issues,

| — | having regard to the annual report of the UN High Commissioner for Human Rights and the reports of the Office of the High Commissioner and the UN Secretary-General on the situation of human rights in the Islamic Republic of Iran, of 23 March 2018, |
| --- | --- |

—

having regard to the annual report of the UN High Commissioner for Human Rights and the reports of the Office of the High Commissioner and the UN Secretary-General on the situation of human rights in the Islamic Republic of Iran, of 23 March 2018,

| — | having regard to the Universal Declaration of Human Rights of 1948, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights of 1948,

| — | having regard to the International Covenant on Civil and Political Rights of 1966, to which Iran is a party, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights of 1966, to which Iran is a party,

| — | having regard to Rules 135(5) and 123(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 135(5) and 123(4) of its Rules of Procedure,

| A. | whereas there are several EU-Iranian dual nationals detained in Iranian prisons, including Mr Ahmadreza Djalali, a Swedish-Iranian researcher who has been accused of spying and sentenced to death following an unfair trial, with no access to a lawyer or to the necessary medical care, while under imminent threat of execution and in poor health; |
| --- | --- |

A.

whereas there are several EU-Iranian dual nationals detained in Iranian prisons, including Mr Ahmadreza Djalali, a Swedish-Iranian researcher who has been accused of spying and sentenced to death following an unfair trial, with no access to a lawyer or to the necessary medical care, while under imminent threat of execution and in poor health;

| B. | whereas Mr Kamran Ghaderi, an Austrian-Iranian citizen, was on a business trip to Iran when he was arrested and sentenced to 10 years in prison after the prosecution used a coerced confession; whereas also currently detained in Iran is Mrs Nazanin Zaghari-Ratcliffe, a British-Iranian who worked for a charitable organisation and has been diagnosed with advanced depression; whereas Mr Abbas Edalat, a British-Iranian academic, was arrested in April 2018 and the charges against himhave not been communicated yet; |
| --- | --- |

B.

whereas Mr Kamran Ghaderi, an Austrian-Iranian citizen, was on a business trip to Iran when he was arrested and sentenced to 10 years in prison after the prosecution used a coerced confession; whereas also currently detained in Iran is Mrs Nazanin Zaghari-Ratcliffe, a British-Iranian who worked for a charitable organisation and has been diagnosed with advanced depression; whereas Mr Abbas Edalat, a British-Iranian academic, was arrested in April 2018 and the charges against himhave not been communicated yet;

| C. | whereas the continuing practice of arrests of EU-Iranian dual citizens is followed by a pattern of prolonged solitary confinement and interrogations, lack of due process, denial of consular access or visits by the UN or humanitarian organisations, secretive trials in which the detainee is given limited access to counsel, long prison sentences based on vague or unspecified ‘national security’ and ‘espionage’ charges, and state-sponsored smear campaigns against the imprisoned individuals; |
| --- | --- |

C.

whereas the continuing practice of arrests of EU-Iranian dual citizens is followed by a pattern of prolonged solitary confinement and interrogations, lack of due process, denial of consular access or visits by the UN or humanitarian organisations, secretive trials in which the detainee is given limited access to counsel, long prison sentences based on vague or unspecified ‘national security’ and ‘espionage’ charges, and state-sponsored smear campaigns against the imprisoned individuals;

| D. | whereas Iran, as a state party to the International Covenant on Civil and Political Rights (ICCPR), should respect freedom of thought, conscience and religion, as well as freedom of expression, association and peaceful assembly, in line with its obligations; |
| --- | --- |

D.

whereas Iran, as a state party to the International Covenant on Civil and Political Rights (ICCPR), should respect freedom of thought, conscience and religion, as well as freedom of expression, association and peaceful assembly, in line with its obligations;

| E. | whereas Iran continues to imprison and has recently stepped up its arrests of civil society activists, human rights defenders, environmental activists and political activists; whereas human rights defenders, journalists and political activists are being actively prosecuted for their peaceful actions; |
| --- | --- |

E.

whereas Iran continues to imprison and has recently stepped up its arrests of civil society activists, human rights defenders, environmental activists and political activists; whereas human rights defenders, journalists and political activists are being actively prosecuted for their peaceful actions;

| F. | whereas dual nationals detained in Iran have not always been given access to a lawyer and a fair trial; whereas in practice Iran treats dual nationals as Iranians only, which limits the access of foreign embassies to their citizens detained in the country, and the access of the detainees to consular protection; |
| --- | --- |

F.

whereas dual nationals detained in Iran have not always been given access to a lawyer and a fair trial; whereas in practice Iran treats dual nationals as Iranians only, which limits the access of foreign embassies to their citizens detained in the country, and the access of the detainees to consular protection;

| G. | whereas several political prisoners and individuals charged with national security crimes have suffered from a lack of adequate access to medical care during detention, with serious consequences; |
| --- | --- |

G.

whereas several political prisoners and individuals charged with national security crimes have suffered from a lack of adequate access to medical care during detention, with serious consequences;

| 1. | Condemns the continuing practice of imprisonment of EU-Iranian dual nationals by the Iranian authorities following unfair trials; calls for their immediate and unconditional release, or for them to be retried in accordance with international standards, and for the officials responsible for the violations of their rights to be held accountable; |
| --- | --- |

1.

| 2. | Expresses grave concern about the arrests, without prima facie evidence of having committed a crime, of EU-Iranian dual nationals upon their entry into Iran; stresses that these arrests hinder the possibilities of people-to-people contacts; |
| --- | --- |

2.

| 3. | Deplores the fact that EU-Iranian dual citizens are detained in Iran’s prisons in poor conditions, and that they are often forced to make confessions following torture and inhumane treatment; |
| --- | --- |

3.

| 4. | Calls on the Iranian authorities to guarantee Mr Djalali full access to his lawyer and to any medical treatment should he so request; urges the Iranian authorities to annul his death sentence and to immediately release him, as requested by the international community; |
| --- | --- |

4.

| 5. | Calls on the Iranian authorities to ensure the retrial of Kamran Ghaderi, in order to guarantee that his right to a fair trial is respected, to immediately release Nazanin Zaghari-Ratcliffe, who is already eligible for early release, and to urgently make known the charges against Abbas Edalat; |
| --- | --- |

5.

| 6. | Calls on the Iranian authorities to respect the fundamental right of the defendants to access a lawyer of their choice and the right to a fair trial, given Iran’s international obligations as stipulated in the Universal Declaration of Human Rights; |
| --- | --- |

6.

| 7. | Condemns, following credible reports, the acts of torture and other cruel treatment carried out, particularly during interrogations, and calls on the Iranian authorities to respect the human dignity of the prisoners; deplores the cruel and inhumane conditions of detention and calls on Iran to ensure that all the prisoners receive adequate medical care; |
| --- | --- |

7.

| 8. | Calls on the judiciary to respect the principles of fair trial and due process and to grant suspects access to legal counsel, consular visits and visits by the UN and humanitarian organisations, as well as full access to medical treatment and healthcare services in accordance with Iran’s international obligations; calls on Iran to take the necessary steps with a view to revision of the law in order to ensure fair trials and access to a lawyer during the investigative phases and to put an end to forced confessions made as a result of torture; |
| --- | --- |

8.

| 9. | Calls on the European External Action Service and the Commission to establish an internal task force in support of EU nationals who are facing the death penalty or manifestly unfair trials in third countries, in order to enhance the support available from their national consular or diplomatic services; |
| --- | --- |

9.

| 10. | Calls on the Iranian authorities to cooperate with the embassies of EU Member States in Tehran in order to establish a list of EU-Iranian dual nationals currently detained in Iranian prisons, and to closely monitor each individual case, given that citizens’ security and protection of their fundamental rights are of the highest importance for the EU; |
| --- | --- |

10.

| 11. | Calls for the release of all human rights defenders imprisoned in Iran and for all acts of intimidation against them to be stopped; |
| --- | --- |

11.

| 12. | Welcomes raising significantly the bar for convictions of drug-related crimes punishable by death as a first step towards implementing a moratorium on the death penalty in Iran; |
| --- | --- |

12.

| 13. | Calls on Iran to deepen its engagement with international human rights mechanisms by cooperating with the Special Rapporteurs and special mechanisms, including by approving requests for access to the country by mandate holders; urges the Iranian authorities to ensure in particular that the future UN Special Rapporteur on the situation of human rights in Iran is allowed to enter the country; |
| --- | --- |

13.

| 14. | Supports the discussions on human rights taking place in the context of the EU-Iran High-Level Dialogue launched after the conclusion of the Joint Comprehensive Plan of Action; stresses that the EU should remain determined to continue raising its human rights concerns with Iran both bilaterally and in multilateral forums; |
| --- | --- |

14.

| 15. | Reiterates the engagement of Iran in a human rights dialogue and welcomes the openness on the part of the Iranian authorities to pursuing this dialogue; |
| --- | --- |

15.

| 16. | Calls on the VP/HR to raise the issues of prison conditions and violations of human rights with the authorities, and particularly the cases of the EU-Iranian dual nationals imprisoned in Iran, in order to put an end to cruel and inhumane treatment in Iranian prisons; calls on the VP/HR and the Member States to systematically raise human rights concerns with the Iranian authorities, including the situation of political prisoners and human rights defenders and freedom of expression and association; |
| --- | --- |

16.

| 17. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the Secretary-General of the United Nations and the Government and Parliament of Iran. |
| --- | --- |

17.

---

(1)  Texts adopted, P8_TA(2016)0402.

(2)  OJ C 408, 30.11.2017, p. 39.

(3)  OJ C 153 E, 31.5.2013, p. 157.

(4)  OJ C 199 E, 7.7.2012, p. 163.

(5)  OJ L 95, 13.4.2018, p. 14.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/142 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/142

---

P8_TA(2018)0232

Women’s rights defenders in Saudi Arabia

European Parliament resolution of 31 May 2018 on the situation of women’s rights defenders in Saudi Arabia (2018/2712(RSP))

(2020/C 76/16)

The European Parliament,

| — | having regard to its previous resolutions on Saudi Arabia, in particular those of 11 March 2014 on Saudi Arabia, its relations with the EU and its role in the Middle East and North Africa (1), of 12 February 2015 on the case of Raif Badawi (2) and of 8 October 2015 on the case of Ali Mohammed al-Nimr (3), |
| --- | --- |

—

having regard to its previous resolutions on Saudi Arabia, in particular those of 11 March 2014 on Saudi Arabia, its relations with the EU and its role in the Middle East and North Africa (1), of 12 February 2015 on the case of Raif Badawi (2) and of 8 October 2015 on the case of Ali Mohammed al-Nimr (3),

| — | having regard to the awarding of the Sakharov Prize for Freedom of Thought and Expression to the Saudi blogger Raif Badawi in 2015, |
| --- | --- |

—

having regard to the awarding of the Sakharov Prize for Freedom of Thought and Expression to the Saudi blogger Raif Badawi in 2015,

| — | having regard to the statement of 29 May 2018 by the Spokesperson for the UN High Commissioner for Human Rights on recent arrests in Saudi Arabia, including the arbitrary detention and disappearance, without due process, of Nawaf Talal Rasheed, a prince from the Al-Rashid dynasty, and the son of the late poet Nawaf Talal bin Abdul Aziz Al-Rashid, |
| --- | --- |

—

having regard to the statement of 29 May 2018 by the Spokesperson for the UN High Commissioner for Human Rights on recent arrests in Saudi Arabia, including the arbitrary detention and disappearance, without due process, of Nawaf Talal Rasheed, a prince from the Al-Rashid dynasty, and the son of the late poet Nawaf Talal bin Abdul Aziz Al-Rashid,

| — | having regard to the statement of 18 May 2018 by the State Security Presidency of Saudi Arabia on the arrests of seven suspects, |
| --- | --- |

—

having regard to the statement of 18 May 2018 by the State Security Presidency of Saudi Arabia on the arrests of seven suspects,

| — | having regard to the new draft legislation outlawing harassment approved by the Saudi Shura Council on 28 May 2018, |
| --- | --- |

—

having regard to the new draft legislation outlawing harassment approved by the Saudi Shura Council on 28 May 2018,

| — | having regard to the impact on human rights, both at domestic and regional level, of the sanctions put in place by Saudi Arabia and other countries against Qatar and the report on the impact of the Gulf Crisis on human rights published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in December 2017, |
| --- | --- |

—

having regard to the impact on human rights, both at domestic and regional level, of the sanctions put in place by Saudi Arabia and other countries against Qatar and the report on the impact of the Gulf Crisis on human rights published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in December 2017,

| — | having regard to Saudi Arabia’s membership of the UN Human Rights Council and of the UN Commission on the Status of Women (CSW), as well as its future membership of the Executive Council of the CSW, starting in January 2019, |
| --- | --- |

—

having regard to Saudi Arabia’s membership of the UN Human Rights Council and of the UN Commission on the Status of Women (CSW), as well as its future membership of the Executive Council of the CSW, starting in January 2019,

| — | having regard to the speech by Commissioner Christos Stylianides, on behalf of the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), in the European Parliament debate of 4 July 2017 on Saudi Arabia’s election as a member of the CSW, |
| --- | --- |

—

having regard to the speech by Commissioner Christos Stylianides, on behalf of the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), in the European Parliament debate of 4 July 2017 on Saudi Arabia’s election as a member of the CSW,

| — | having regard to the concluding observations of 9 March 2018 of the Committee on the Elimination of All Forms of Discrimination against Women on the combined third and fourth periodic reports of Saudi Arabia (4), |
| --- | --- |

—

having regard to the concluding observations of 9 March 2018 of the Committee on the Elimination of All Forms of Discrimination against Women on the combined third and fourth periodic reports of Saudi Arabia (4),

| — | having regard to the joint submission on Saudi Arabia on behalf of ALQST, the Gulf Centre for Human Rights (GCHR) and the International Federation for Human Rights (FIDH) from the 69th session of the UN Committee on the Elimination of All Forms of Discrimination against Women on 7 March 2018, |
| --- | --- |

—

having regard to the joint submission on Saudi Arabia on behalf of ALQST, the Gulf Centre for Human Rights (GCHR) and the International Federation for Human Rights (FIDH) from the 69th session of the UN Committee on the Elimination of All Forms of Discrimination against Women on 7 March 2018,

| — | having regard to the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), |
| --- | --- |

—

having regard to the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW),

| — | having regard to the International Covenant on Political and Civil Rights of 1966, |
| --- | --- |

—

having regard to the International Covenant on Political and Civil Rights of 1966,

| — | having regard to the International Covenant on Economic, Social and Cultural Rights of 1966, |
| --- | --- |

—

having regard to the International Covenant on Economic, Social and Cultural Rights of 1966,

| — | having regard to the Universal Declaration of Human Rights of 1948, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights of 1948,

| — | having regard to the EU Guidelines on Human Rights Defenders, |
| --- | --- |

—

having regard to the EU Guidelines on Human Rights Defenders,

| — | having regard to Rules 135(5) and 123(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 135(5) and 123(4) of its Rules of Procedure,

| A. | whereas since 15 May 2018 Saudi authorities have arrested seven women – Loujain al-Hathloul, Aisha al-Mana, Madeha al-Ajroush, Eman al-Nafjan, Aziza al-Youssef, Hessah al-Sheikh, Walaa al-Shubbar – and four men – Ibrahim Fahad Al-Nafjan, Ibrahim al-Modeimigh, Mohammed al-Rabiah and Abdulaziz al-Meshaal – for their women’s rights activism; whereas the arrested human rights defenders have since been charged with supporting the activities of foreign circles, recruiting persons in charge of sensitive government positions and providing foreign circles with money with the aim of destabilising the Kingdom; whereas these activists are known for their campaign against the ban on women driving and in favour of abolishing the male guardianship system; whereas they were arrested ahead of the anticipated lifting of the ban on women driving on 24 June 2018; |
| --- | --- |

A.

whereas since 15 May 2018 Saudi authorities have arrested seven women – Loujain al-Hathloul, Aisha al-Mana, Madeha al-Ajroush, Eman al-Nafjan, Aziza al-Youssef, Hessah al-Sheikh, Walaa al-Shubbar – and four men – Ibrahim Fahad Al-Nafjan, Ibrahim al-Modeimigh, Mohammed al-Rabiah and Abdulaziz al-Meshaal – for their women’s rights activism; whereas the arrested human rights defenders have since been charged with supporting the activities of foreign circles, recruiting persons in charge of sensitive government positions and providing foreign circles with money with the aim of destabilising the Kingdom; whereas these activists are known for their campaign against the ban on women driving and in favour of abolishing the male guardianship system; whereas they were arrested ahead of the anticipated lifting of the ban on women driving on 24 June 2018;

| B. | whereas Ms Madeha al-Ajroush, Ms Walaa al-Shubbar, Ms Aisha al-Mana and Ms Hessah al-Sheikh were reportedly released on 24 May 2018; |
| --- | --- |

B.

whereas Ms Madeha al-Ajroush, Ms Walaa al-Shubbar, Ms Aisha al-Mana and Ms Hessah al-Sheikh were reportedly released on 24 May 2018;

| C. | whereas the case of Loujain al-Hathloul is particularly alarming, as she was transferred from Abu Dhabi to Saudi Arabia against her will in March 2018 after attending a review session on Saudi Arabia at the UN Committee on the Elimination of Discrimination against Women; whereas she was placed under a travel ban until her recent arrest and is currently, reportedly among other activists, being held incommunicado; |
| --- | --- |

C.

whereas the case of Loujain al-Hathloul is particularly alarming, as she was transferred from Abu Dhabi to Saudi Arabia against her will in March 2018 after attending a review session on Saudi Arabia at the UN Committee on the Elimination of Discrimination against Women; whereas she was placed under a travel ban until her recent arrest and is currently, reportedly among other activists, being held incommunicado;

| D. | whereas Saudi Arabia has some of the tightest restrictions imposed on women, despite recent government reforms aimed at boosting women’s rights in the employment sector; whereas the Saudi political and social system remains undemocratic and discriminatory, makes women second-class citizens, allows no freedom of religion and belief, seriously discriminates against the country’s large foreign workforce and severely represses all voices of dissent; |
| --- | --- |

D.

whereas Saudi Arabia has some of the tightest restrictions imposed on women, despite recent government reforms aimed at boosting women’s rights in the employment sector; whereas the Saudi political and social system remains undemocratic and discriminatory, makes women second-class citizens, allows no freedom of religion and belief, seriously discriminates against the country’s large foreign workforce and severely represses all voices of dissent;

| E. | whereas the investigation and work on the case are still ongoing and information on the arrests is difficult to come by owing to the limited information released by the Saudi authorities; |
| --- | --- |

E.

whereas the investigation and work on the case are still ongoing and information on the arrests is difficult to come by owing to the limited information released by the Saudi authorities;

| F. | whereas on 25 May 2018 Saudi authorities arrested prominent human rights defender Mohammed al-Bajadi, a founding member of the banned Saudi Civil and Political Rights Association, which has accused the security forces of abuses; |
| --- | --- |

F.

whereas on 25 May 2018 Saudi authorities arrested prominent human rights defender Mohammed al-Bajadi, a founding member of the banned Saudi Civil and Political Rights Association, which has accused the security forces of abuses;

| G. | whereas within days of the human rights defenders’ arrests, government-aligned media outlets and social media platforms launched a vicious smear campaign against them, denouncing them as ‘traitors’ posing a threat to state security; whereas experts believe that the smear campaign currently being waged against the human rights defenders’ suggests the intention to issue potentially very harsh punishments; |
| --- | --- |

G.

whereas within days of the human rights defenders’ arrests, government-aligned media outlets and social media platforms launched a vicious smear campaign against them, denouncing them as ‘traitors’ posing a threat to state security; whereas experts believe that the smear campaign currently being waged against the human rights defenders’ suggests the intention to issue potentially very harsh punishments;

| H. | whereas Saudi society is changing gradually but constantly, and whereas the Saudi authorities have adopted a number of measures to improve due recognition of women as equal citizens, such as granting them the right to vote in municipal elections, providing them with access to the consultative Shura Council and the National Human Rights Council, lifting the ban prohibiting women from driving, and granting them access to public sports events; |
| --- | --- |

H.

whereas Saudi society is changing gradually but constantly, and whereas the Saudi authorities have adopted a number of measures to improve due recognition of women as equal citizens, such as granting them the right to vote in municipal elections, providing them with access to the consultative Shura Council and the National Human Rights Council, lifting the ban prohibiting women from driving, and granting them access to public sports events;

| I. | whereas the reform agenda Vision 2030, bringing about economic and social transformation of the country based on women’s empowerment, should be a real opportunity for Saudi women to secure their legal emancipation, which is absolutely crucial for the full enjoyment of their rights under the CEDAW; whereas, however, the recent wave of arrests of women’s rights activists seems to run counter to this aim and may distract from the reform agenda; |
| --- | --- |

I.

whereas the reform agenda Vision 2030, bringing about economic and social transformation of the country based on women’s empowerment, should be a real opportunity for Saudi women to secure their legal emancipation, which is absolutely crucial for the full enjoyment of their rights under the CEDAW; whereas, however, the recent wave of arrests of women’s rights activists seems to run counter to this aim and may distract from the reform agenda;

| J. | whereas the Saudi Crown Prince Mohammad bin Salman Al Saud has offered rhetorical support for women’s rights reforms, especially during his tour in Europe and the United States, but such reforms have so far been limited, and the male guardianship system, the most serious impediment to women’s rights, remains largely intact; whereas, moreover, he has overseen a widespread crackdown on prominent activists, lawyers and human rights defenders, which has intensified since he began consolidating control over the country’s security institutions; |
| --- | --- |

J.

whereas the Saudi Crown Prince Mohammad bin Salman Al Saud has offered rhetorical support for women’s rights reforms, especially during his tour in Europe and the United States, but such reforms have so far been limited, and the male guardianship system, the most serious impediment to women’s rights, remains largely intact; whereas, moreover, he has overseen a widespread crackdown on prominent activists, lawyers and human rights defenders, which has intensified since he began consolidating control over the country’s security institutions;

| K. | whereas Saudi Arabia has a range of discriminatory laws, in particular the legal provisions relating to personal status, the situation of women migrant workers, the Civil Status Code, the Labour Code, the Nationality Act and the system of male guardianship, which subjects women’s enjoyment of most of their rights under the CEDAW to authorisation by a male guardian; |
| --- | --- |

K.

whereas Saudi Arabia has a range of discriminatory laws, in particular the legal provisions relating to personal status, the situation of women migrant workers, the Civil Status Code, the Labour Code, the Nationality Act and the system of male guardianship, which subjects women’s enjoyment of most of their rights under the CEDAW to authorisation by a male guardian;

| L. | whereas Saudi Arabia has a lively community of online human rights defenders and the highest number of Twitter users in the Middle East; whereas Saudi Arabia is on the Reporters Without Borders list of ‘Enemies of the Internet’ owing to the censorship of the Saudi media and the Internet and punishment of those who criticise the government or religion; whereas freedom of expression and freedom of the press and media, both online and offline, are crucial preconditions and catalysts for democratisation and reform and are essential checks on power; whereas the 2015 Sakharov Prize Laureate, Raif Badawi, is still imprisoned solely for peacefully expressing his views; |
| --- | --- |

L.

whereas Saudi Arabia has a lively community of online human rights defenders and the highest number of Twitter users in the Middle East; whereas Saudi Arabia is on the Reporters Without Borders list of ‘Enemies of the Internet’ owing to the censorship of the Saudi media and the Internet and punishment of those who criticise the government or religion; whereas freedom of expression and freedom of the press and media, both online and offline, are crucial preconditions and catalysts for democratisation and reform and are essential checks on power; whereas the 2015 Sakharov Prize Laureate, Raif Badawi, is still imprisoned solely for peacefully expressing his views;

| M. | whereas Saudi Arabia’s UN Human Development Index value for 2015 is 0,847, ranking it 38th out of 188 countries and territories; whereas Saudi Arabia has a UN Gender Inequality Index value of 0,257, ranking it 50th out of 159 countries in the 2015 index; whereas Saudi Arabia ranked 138th out of 144 countries in the Global Gender Gap Report 2017 published by the World Economic Forum; |
| --- | --- |

M.

whereas Saudi Arabia’s UN Human Development Index value for 2015 is 0,847, ranking it 38th out of 188 countries and territories; whereas Saudi Arabia has a UN Gender Inequality Index value of 0,257, ranking it 50th out of 159 countries in the 2015 index; whereas Saudi Arabia ranked 138th out of 144 countries in the Global Gender Gap Report 2017 published by the World Economic Forum;

| N. | whereas Saudi Arabia’s general reservation to the CEDAW is, according to the Committee on the Elimination of Discrimination against Women, incompatible with the object and purpose of the Convention and impermissible under Article 28 thereof; whereas Saudi Arabia pledged to ‘uphold the highest standards in the promotion and protection of human rights’ when it applied successfully for membership to the UN Human Rights Council in 2013; |
| --- | --- |

N.

whereas Saudi Arabia’s general reservation to the CEDAW is, according to the Committee on the Elimination of Discrimination against Women, incompatible with the object and purpose of the Convention and impermissible under Article 28 thereof; whereas Saudi Arabia pledged to ‘uphold the highest standards in the promotion and protection of human rights’ when it applied successfully for membership to the UN Human Rights Council in 2013;

| 1. | Calls on the Saudi authorities to put an end to all forms of harassment, including at judicial level, against Ms Eman al-Nafjan, Ms Aziza al-Youssef, Ms Loujain al-Hathloul, Ms Aisha al-Mana, Ms Madeha al-Ajroush, Ms Hessah al-Sheikh, Ms Walaa al-Shubbar, Mr Mohammed al-Rabiah, and Mr Ibrahim al-Modeimigh and all other human rights defenders in the country, so that they are able to carry out their work without unjustified hindrance and fear of reprisal; |
| --- | --- |

1.

| 2. | Condemns the ongoing repression of human rights defenders, including women’s rights defenders, in Saudi Arabia, which undermines the credibility of the reform process in the country; calls on the Government of Saudi Arabia to immediately and unconditionally release all human rights defenders and other prisoners of conscience detained and sentenced for merely exercising their right to freedom of expression and their peaceful human rights work; denounces the continued, systemic discrimination against women and girls in Saudi Arabia; |
| --- | --- |

2.

| 3. | Pays tribute to the Saudi women and women’s rights defenders seeking to defeat any unfair and discriminatory treatment and to those who have defended human rights despite the difficulties they have to face; |
| --- | --- |

3.

| 4. | Welcomes the promise to lift the driving ban for women inside the Kingdom as part of the Vision 2030 agenda; |
| --- | --- |

4.

| 5. | Emphasises that the treatment of all detainees, including human rights defenders, while in detention, must adhere to the conditions set out in the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment adopted by UN General Assembly Resolution 43/173 of 9 December 1988; |
| --- | --- |

5.

| 6. | Notes that international automotive companies, in particular ones based in the EU, have already engaged in gender-targeted advertisement ahead of the lifting of the ban on women driving; |
| --- | --- |

6.

| 7. | Is deeply concerned about the prevalence of gender-based violence in Saudi Arabia, which remains largely underreported and undocumented and is justified with reasons such as the need to discipline women under men’s guardianship; urges the Saudi authorities to adopt comprehensive legislation to specifically define and criminalise all forms of gender-based violence against women, in particular rape, including marital rape, sexual assault and sexual harassment, and to remove all obstacles to women’s access to justice; |
| --- | --- |

7.

| 8. | Is dismayed by the existence of the male guardianship system, whereby authorisation from a male guardian is still expected in a number of areas, including international travel, accessing healthcare services, choosing residency, marriage, filing complaints with the justice system, leaving state-run shelters for abused women, and leaving detention centres; underlines that this system is a reflection of the deep-rooted patriarchal system that rules the country; |
| --- | --- |

8.

| 9. | Calls on the Saudi authorities to revise the Law on Associations and Foundations of December 2015 in order to allow women activists to organise themselves and to work freely and independently without undue interference by the authorities; urges also the revision of the Anti-Terrorist Law, the Anti-Cybercrime Law and the Press and Publications Law, which are repeatedly used to prosecute human rights defenders, as well as of all discriminatory provisions present in the legal system; |
| --- | --- |

9.

| 10. | Calls on the Saudi authorities to ratify the International Covenant on Civil and Political Rights, lift the reservations made to the CEDAW and ratify the Optional Protocol to the CEDAW so that Saudi women can fully enjoy the rights enshrined in the Convention, and to end child marriages, forced marriages and the compulsory dress code for women; urges Saudi Arabia to extend a standing invitation to all Special Procedures of the UN Human Rights Council to visit; |
| --- | --- |

10.

| 11. | Calls on the Saudi authorities to allow independent press and media and ensure freedom of expression, association and peaceful assembly for all inhabitants of Saudi Arabia; condemns the repression of human rights defenders and protesters when they demonstrate peacefully; stresses that peaceful campaigning for basic legal rights or making critical remarks using social media are expressions of an indispensable right; urges the Saudi authorities to remove restrictions placed on human rights defenders which prohibit them from speaking out on social media and to international media; |
| --- | --- |

11.

| 12. | Recalls that Saudi Arabia was elected to the UN Commission on the Status of Women with the support of some EU Member States; |
| --- | --- |

12.

| 13. | Calls on the VP/HR, the European External Action Service (EEAS) and the Member States to ensure full implementation of the EU Guidelines on Human Rights Defenders, and to expand their protection and support for human rights defenders, particularly women human rights defenders; |
| --- | --- |

13.

| 14. | Calls for the EU to table a resolution on the situation of human rights defenders in Saudi Arabia at the next session of the UN Human Rights Council; calls for the EU, at the next Human Rights Council and at the Commission on the Status of Women, to raise the issue of membership of states with questionable human rights records, including as regards respect for women’s rights and gender equality; calls for the EU to propose at the UN Human Rights Council the appointment of a Special Rapporteur on human rights in Saudi Arabia; |
| --- | --- |

14.

| 15. | Calls for the EU to include a discussion on human rights, particularly the situation of women human rights defenders, as a permanent item on the agenda of the annual summit between the EU and the Gulf Cooperation Council, as well as other bilateral and multilateral fora; calls on the Council to consider the introduction of targeted measures against individuals responsible for grave human rights violations; notes that the Chaillot Prize for the Promotion of Human Rights in the Gulf Cooperation Council Region award rules restrict applications to those who are legally registered and active in a ‘constructive engagement with the authorities’; |
| --- | --- |

15.

| 16. | Calls on the EEAS and the Commission to actively support civil society groups and individuals defending human rights in Saudi Arabia, including through the arrangement of prison visits, trial monitoring and public statements; |
| --- | --- |

16.

| 17. | Urges the VP/HR, the EEAS and the Member States to continue conducting a dialogue with Saudi Arabia on human rights, fundamental freedoms and the troubling role of the country in the region; expresses its readiness to hold a constructive and open dialogue with the Saudi authorities, including parliamentarians, on the implementation of their international human rights commitments; calls for an exchange of expertise on justice and legal matters in order to strengthen the protection of individual rights in Saudi Arabia; |
| --- | --- |

17.

| 18. | Calls on the Saudi authorities to put a stop to any further flogging of Raif Badawi, and to release him immediately and unconditionally, as he is considered to be a prisoner of conscience detained and sentenced solely for exercising his right to freedom of expression; calls for the EU to continue to raise the issue of his case in any high-level contact there may be; |
| --- | --- |

18.

| 19. | Calls on the Saudi authorities to introduce an immediate moratorium on the use of the death penalty as a step towards abolition; calls for a review of all death sentences to ensure that these trials adhered to international standards; |
| --- | --- |

19.

| 20. | Calls on the Saudi authorities to end incitement to hatred and discrimination against religious minorities, and against all other individuals and groups subjected to violations of their human rights by Saudi Arabia, including foreign nationals from countries from other regions; |
| --- | --- |

20.

| 21. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the European External Action Service, the UN Secretary-General, the UN High Commissioner for Human Rights, the Commission on the Status of Women, the UN Human Rights Council, H.M. King Salman bin Abdulaziz Al Saud and Crown Prince Mohammad bin Salman Al Saud, the Government of the Kingdom of Saudi Arabia, and the Secretary-General of the Centre for National Dialogue of the Kingdom of Saudi Arabia. |
| --- | --- |

21.

---

(1)  OJ C 378, 9.11.2017, p. 64.

(2)  OJ C 310, 25.8.2016, p. 29.

(3)  OJ C 349, 17.10.2017, p. 34.

(4)  CEDAW/C/SAU/CO/3-4.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/147 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/147

---

P8_TA(2018)0233

Sudan, notably the situation of Noura Hussein Hammad

European Parliament resolution of 31 May 2018 on Sudan, notably the situation of Noura Hussein Hammad (2018/2713(RSP))

(2020/C 76/17)

The European Parliament,

| — | having regard to its previous resolutions on Sudan, |
| --- | --- |

—

having regard to its previous resolutions on Sudan,

| — | having regard to the International Covenant on Civil and Political Rights of 1966 to which the Republic of Sudan has been a state party since 1986, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights of 1966 to which the Republic of Sudan has been a state party since 1986,

| — | having regard to the UN Convention on the Rights of the Child to which Sudan has been a State Party since 1990, |
| --- | --- |

—

having regard to the UN Convention on the Rights of the Child to which Sudan has been a State Party since 1990,

| — | having regard to the Universal Declaration of Human Rights of 1948, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights of 1948,

| — | having regard to the UN General Assembly resolution of 19 December 2016 on child, early and forced marriage, |
| --- | --- |

—

having regard to the UN General Assembly resolution of 19 December 2016 on child, early and forced marriage,

| — | having regard to Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) adopted by the UN General Assembly in 1979, and the Declaration on the Elimination of Violence Against Women (DEVAW) adopted by the UN General Assembly in 1993, |
| --- | --- |

—

having regard to Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) adopted by the UN General Assembly in 1979, and the Declaration on the Elimination of Violence Against Women (DEVAW) adopted by the UN General Assembly in 1993,

| — | having regard to UN General Assembly resolution 62/149 of 18 December 2007, presented by the EU and reaffirmed in 2008, 2010, 2012, 2014 and 2016, calling for a moratorium on the death penalty, |
| --- | --- |

—

having regard to UN General Assembly resolution 62/149 of 18 December 2007, presented by the EU and reaffirmed in 2008, 2010, 2012, 2014 and 2016, calling for a moratorium on the death penalty,

| — | having regard to the first Protocol to the African Charter on Human and Peoples’ Rights adopted in 1981 on the Rights of Women in Africa, |
| --- | --- |

—

having regard to the first Protocol to the African Charter on Human and Peoples’ Rights adopted in 1981 on the Rights of Women in Africa,

| — | having regard to Articles 16 and 21 of the African Charter on the Rights and Welfare of the Child, which entered into force on 29 November 1999, |
| --- | --- |

—

having regard to Articles 16 and 21 of the African Charter on the Rights and Welfare of the Child, which entered into force on 29 November 1999,

| — | having regard to the urgent letter of appeal regarding the case of Noura Hussein Hammad sent on 17 May 2018 by the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) to the Republic of the Sudan, |
| --- | --- |

—

having regard to the urgent letter of appeal regarding the case of Noura Hussein Hammad sent on 17 May 2018 by the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) to the Republic of the Sudan,

| — | having regard to Sudan’s Constitution of 2005, |
| --- | --- |

—

having regard to Sudan’s Constitution of 2005,

| — | having regard to Article 96 (human rights clause) of the Cotonou Agreement signed by the Sudanese Government in 2005, |
| --- | --- |

—

having regard to Article 96 (human rights clause) of the Cotonou Agreement signed by the Sudanese Government in 2005,

| — | having regard to the 2030 Agenda for Sustainable Development, |
| --- | --- |

—

having regard to the 2030 Agenda for Sustainable Development,

| — | having regard to Rules 135(5) and 123(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 135(5) and 123(4) of its Rules of Procedure,

| A. | whereas Noura Hussein Hammad was forced by her family to marry Abdulrahman Hammad when she was a child of 16; whereas Noura has stated that she was first raped by her husband with the assistance of members of his family; whereas, according to her testimony, on 2 May 2017, three men held Noura Hussein down while Abdulrahman raped her; whereas Noura stabbed her husband to death in self-defence when he attempted to rape her again the following day; whereas a subsequent medical examination indicated that she had also been injured during the struggle with her husband; |
| --- | --- |

A.

whereas Noura Hussein Hammad was forced by her family to marry Abdulrahman Hammad when she was a child of 16; whereas Noura has stated that she was first raped by her husband with the assistance of members of his family; whereas, according to her testimony, on 2 May 2017, three men held Noura Hussein down while Abdulrahman raped her; whereas Noura stabbed her husband to death in self-defence when he attempted to rape her again the following day; whereas a subsequent medical examination indicated that she had also been injured during the struggle with her husband;

| B. | whereas Noura Hussein Hammad was held in Omdurman prison until 29 April 2018 when she was found guilty of premeditated murder; whereas Noura Hussein Hammad, now 19 years old, was sentenced to death by the Central Criminal Court of Omdurman for killing the man her father compelled her to marry; whereas on sentencing, the man’s family chose the death penalty as a suitable ‘punishment’ for Hussein; whereas an appeal has been lodged against her sentence; |
| --- | --- |

B.

whereas Noura Hussein Hammad was held in Omdurman prison until 29 April 2018 when she was found guilty of premeditated murder; whereas Noura Hussein Hammad, now 19 years old, was sentenced to death by the Central Criminal Court of Omdurman for killing the man her father compelled her to marry; whereas on sentencing, the man’s family chose the death penalty as a suitable ‘punishment’ for Hussein; whereas an appeal has been lodged against her sentence;

| C. | whereas the Office of the High Commissioner for Human Rights has gathered information that Hussein’s forced marriage, rape and other forms of gender-based violence against her were not taken into account by the Court as evidence to mitigate the sentence; whereas the UN Expert on Summary Executions has argued that the imposition of the death penalty when there is clear evidence of self-defence constitutes an arbitrary killing; |
| --- | --- |

C.

whereas the Office of the High Commissioner for Human Rights has gathered information that Hussein’s forced marriage, rape and other forms of gender-based violence against her were not taken into account by the Court as evidence to mitigate the sentence; whereas the UN Expert on Summary Executions has argued that the imposition of the death penalty when there is clear evidence of self-defence constitutes an arbitrary killing;

| D. | whereas Sudan ranks 165th out of 188 countries on both the Human Development Index (HDI) and the UN’s Gender Inequality Index; whereas the UN Committee on the Rights of the Child (CRC) and the UN Human Rights Committee have expressed serious concern about the situation of women’s human rights in Sudan; whereas the legal system in Sudan is based on Islamic Sharia law; whereas evidence shows that where women are not politically, culturally and economically equal to men, they will be subjected to gender-based violence, regardless of their faith, race or nationality; |
| --- | --- |

D.

whereas Sudan ranks 165th out of 188 countries on both the Human Development Index (HDI) and the UN’s Gender Inequality Index; whereas the UN Committee on the Rights of the Child (CRC) and the UN Human Rights Committee have expressed serious concern about the situation of women’s human rights in Sudan; whereas the legal system in Sudan is based on Islamic Sharia law; whereas evidence shows that where women are not politically, culturally and economically equal to men, they will be subjected to gender-based violence, regardless of their faith, race or nationality;

| E. | whereas the Sudanese Constitution provides that the ‘state shall protect women from injustice and promote gender equality’; whereas Pramila Patten, the UN Special Representative on Sexual Violence in Conflict noted, following her visit to Sudan from 18 to 25 February 2018, that there is a deep-seated culture of denial of sexual violence in Sudan; whereas forced marriage, marital rape and gender-based violence are considered normal in Sudan, and all these forms of violence are justified by citing grounds of tradition, culture and religion; whereas to date the Special Prosecutor’s Office has not investigated a single case of conflict-related sexual violence; |
| --- | --- |

E.

whereas the Sudanese Constitution provides that the ‘state shall protect women from injustice and promote gender equality’; whereas Pramila Patten, the UN Special Representative on Sexual Violence in Conflict noted, following her visit to Sudan from 18 to 25 February 2018, that there is a deep-seated culture of denial of sexual violence in Sudan; whereas forced marriage, marital rape and gender-based violence are considered normal in Sudan, and all these forms of violence are justified by citing grounds of tradition, culture and religion; whereas to date the Special Prosecutor’s Office has not investigated a single case of conflict-related sexual violence;

| F. | whereas the mandate of the International Criminal Court (ICC) to address impunity for war crimes, crimes against humanity and genocide also includes atrocities commonly experienced by women, including a broad range of sexual and gender-based crimes; whereas the ICC issued, on 4 March 2009, an arrest warrant for President Omar al Bashir of the Republic of the Sudan on charges of five counts of crimes against humanity: murder, extermination, forcible transfer, torture, and rape; |
| --- | --- |

F.

whereas the mandate of the International Criminal Court (ICC) to address impunity for war crimes, crimes against humanity and genocide also includes atrocities commonly experienced by women, including a broad range of sexual and gender-based crimes; whereas the ICC issued, on 4 March 2009, an arrest warrant for President Omar al Bashir of the Republic of the Sudan on charges of five counts of crimes against humanity: murder, extermination, forcible transfer, torture, and rape;

| G. | whereas a global campaign ‘Justice for Noura Hussein Hammad’, seeking to overturn the death penalty, has been launched; whereas, as of May 2018, almost one million people have signed a petition entitled ‘Justice for Noura Hussein Hammad’; whereas the intimidation of defence lawyers represents an attack on the fair trial process, whereas, having been raped, Noura Hussein Hammad requires psychological support; |
| --- | --- |

G.

whereas a global campaign ‘Justice for Noura Hussein Hammad’, seeking to overturn the death penalty, has been launched; whereas, as of May 2018, almost one million people have signed a petition entitled ‘Justice for Noura Hussein Hammad’; whereas the intimidation of defence lawyers represents an attack on the fair trial process, whereas, having been raped, Noura Hussein Hammad requires psychological support;

| H. | whereas the case of Noura Hussein Hammad has drawn international attention to women’s rights and put the issues of forced marriage and marital rape in Sudan, where the legal age for marriage is only 10, under the spotlight; whereas marital rape was only recognised by Sudanese law in 2015; whereas, however, the judicial authorities refuse to recognise it as a crime; |
| --- | --- |

H.

whereas the case of Noura Hussein Hammad has drawn international attention to women’s rights and put the issues of forced marriage and marital rape in Sudan, where the legal age for marriage is only 10, under the spotlight; whereas marital rape was only recognised by Sudanese law in 2015; whereas, however, the judicial authorities refuse to recognise it as a crime;

| I. | whereas, women’s and children’s rights activists have increasingly campaigned against forced marriages of girls and the marriage of underage girls, a widespread phenomenon in Sudan; whereas preventing and responding to all forms of violence against women and girls, including early and forced marriage, is one of the objectives of the European Union Action Plan for Gender 2016-2020; |
| --- | --- |

I.

whereas, women’s and children’s rights activists have increasingly campaigned against forced marriages of girls and the marriage of underage girls, a widespread phenomenon in Sudan; whereas preventing and responding to all forms of violence against women and girls, including early and forced marriage, is one of the objectives of the European Union Action Plan for Gender 2016-2020;

| J. | whereas both Human Rights Watch (HRW) and the UN Independent Expert on Sudan in his World Report 2017 have stated that Sudanese security forces have used sexual violence, intimidation and other forms of abuse to silence female human rights defenders across the country; whereas Noura Hussein Hammad’s lawyer was barred by the National Intelligence Security Services (NISSs) from holding a news conference amid an intensifying campaign of intimidation; whereas Nahid Gabralla, director of SEEMA, a non-governmental organisation working with victims and survivors of gender-based violence in Khartoum, the capital city of Sudan, has been jailed several times while campaigning in support of Noura Hussein Hammad, as Sudan is placing restrictions on freedom of speech; |
| --- | --- |

J.

whereas both Human Rights Watch (HRW) and the UN Independent Expert on Sudan in his World Report 2017 have stated that Sudanese security forces have used sexual violence, intimidation and other forms of abuse to silence female human rights defenders across the country; whereas Noura Hussein Hammad’s lawyer was barred by the National Intelligence Security Services (NISSs) from holding a news conference amid an intensifying campaign of intimidation; whereas Nahid Gabralla, director of SEEMA, a non-governmental organisation working with victims and survivors of gender-based violence in Khartoum, the capital city of Sudan, has been jailed several times while campaigning in support of Noura Hussein Hammad, as Sudan is placing restrictions on freedom of speech;

| K. | whereas Sudan is one of seven countries still not party to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); |
| --- | --- |

K.

whereas Sudan is one of seven countries still not party to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW);

| L. | whereas the EU is currently funding EUR 275 million worth of projects in Sudan, mainly through the European Development Fund (EDF), the European Instrument for Democracy and Human Rights (EIDHR) and the Instrument contributing to Security and Peace (IcSP); whereas Sudan has not ratified the revised version of the Cotonou Agreement; |
| --- | --- |

L.

whereas the EU is currently funding EUR 275 million worth of projects in Sudan, mainly through the European Development Fund (EDF), the European Instrument for Democracy and Human Rights (EIDHR) and the Instrument contributing to Security and Peace (IcSP); whereas Sudan has not ratified the revised version of the Cotonou Agreement;

| M. | whereas women in Sudan suffer from discrimination, arbitrary arrests and humiliating punishments; whereas, according to the UN Independent Expert on Sudan, so-called crimes against public morals, such as those used against women deemed to be ‘indecently’ dressed as, together with the humiliation of corporal punishment, violate international human rights standards; whereas Articles 151, 152, 154 and 156 of the Sudan Criminal Act reinforce restrictions on women and the way they dress and behave in public; whereas breaches of these laws are punishable by fines and even, in certain cases, by flogging; |
| --- | --- |

M.

whereas women in Sudan suffer from discrimination, arbitrary arrests and humiliating punishments; whereas, according to the UN Independent Expert on Sudan, so-called crimes against public morals, such as those used against women deemed to be ‘indecently’ dressed as, together with the humiliation of corporal punishment, violate international human rights standards; whereas Articles 151, 152, 154 and 156 of the Sudan Criminal Act reinforce restrictions on women and the way they dress and behave in public; whereas breaches of these laws are punishable by fines and even, in certain cases, by flogging;

| N. | whereas the EU supports Sudan with a mix of development and humanitarian assistance, but also provides support to the country’s highly controversial border control and counter-trafficking and counter-smuggling operations, inter alia via the so-called ROCK project; |
| --- | --- |

N.

whereas the EU supports Sudan with a mix of development and humanitarian assistance, but also provides support to the country’s highly controversial border control and counter-trafficking and counter-smuggling operations, inter alia via the so-called ROCK project;

| 1. | Deplores and condemns the sentencing to death of Noura Hussein Hammad; calls on the Sudanese authorities to commute the death sentence and fully take into account the fact that Ms Hussein was acting in self-defence against the attempt by a man and his accomplices to rape her; |
| --- | --- |

1.

| 2. | Calls on the Sudanese authorities to comply with national law and international human rights standards, including the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, as well as the Protocol of the Court of Justice of the African Union, adopted on 11 July 2003; recalls that, according to international standards, the imposition of the death penalty against clear evidence of self-defence constitutes arbitrary killing, particularly in instances where women have been charged with murder when defending themselves; |
| --- | --- |

2.

| 3. | Reminds the Sudanese authorities of their obligation to guarantee fundamental rights, including the right to a fair trial; insists that all necessary measures must be taken to ensure that Noura Hussein Hammad’s trial genuinely meets the highest standards of fairness and due process; |
| --- | --- |

3.

| 4. | Reiterates that it is imperative that key laws in Sudan, including the 2010 National Security Act and laws regulating the media and civil society, are reviewed and reformed, in order to bring them into line with international standards, which uphold the freedoms of expression, assembly and association; expresses concern regarding the wide-ranging powers of arrest and detention conferred upon the NISSs, which arbitrarily arrest and detain people who, in many cases, are tortured and subjected to other ill treatment, with NISS officers immune from prosecution; |
| --- | --- |

4.

| 5. | Notes that while the case is going through the judicial process, the Sudanese authorities still have an obligation to show they do not condone rape or gender-based violence, and, therefore, to save the life of a young woman whose existence has already been devastated for reasons beyond her control; calls on the Sudanese authorities to ensure that all cases of gender-based and sexual violence, including marital rape and domestic violence, are prosecuted and that perpetrators are held to account; urges the Sudanese authorities to tackle child and forced marriages and marital rape; |
| --- | --- |

5.

| 6. | Urges the Sudanese authorities to carry out an immediate, independent and impartial investigation into the allegations against the Sudanese security forces for the use of violence, intimidation and other forms of abuse against women; |
| --- | --- |

6.

| 7. | Regrets the banning by the NISSs of the press conference organised by Noura Hussein Hammad’s defence team after she was sentenced; strongly condemns the harassment of human rights activists and lawyers in relation to the case of Noura Hussein Hammad; |
| --- | --- |

7.

| 8. | Urges the Sudanese authorities to ensure the full protection of Noura Hussein Hammad’s physical and psychological integrity during her detention, as well of that of her lawyers and family; |
| --- | --- |

8.

| 9. | Reiterates its strong opposition to the use of the death penalty in all cases and under all circumstances; considers that the death penalty violates human dignity and constitutes cruel, inhuman and degrading treatment; appeals to the Sudanese authorities to comply with the UN moratorium on the death penalty; calls on Sudan to ratify the Convention against Torture (CAT) and CEDAW; |
| --- | --- |

9.

| 10. | Points out to the Sudanese authorities that better protection of women’s human rights and the criminalisation of marital rape could help save many lives and prevent outcomes such as that in Noura Hussein Hammad’s case; |
| --- | --- |

10.

| 11. | Strongly condemns early and forced marriage and violence against women and girls in Sudan and elsewhere; points out that the current appeal against Hussein’s sentence, which is limited to the formal and legal aspects of the conviction without any consideration of the facts, is not sufficient under the International Covenant on Civil and Political Rights, which Sudan has ratified; urges the authorities to implement the recommendation of the Committee on the Rights of the Child and to amend the law on personal status to raise the age at which marriage is legally permitted; |
| --- | --- |

11.

| 12. | Strongly requests that the EU and its Member States ensure that the implementation of projects with the Sudanese authorities observe the ‘do no harm’ principle, which would rule out cooperation with actors responsible for human rights violations; |
| --- | --- |

12.

| 13. | Instructs its President to forward this resolution to the Council, the Commission, the President of Sudan, the African Union, the United Nations Secretary General, the Co-Presidents of the ACP-EU Joint Parliamentary Assembly and the Pan-African Parliament. |
| --- | --- |

13.

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| 9.3.2020 | EN | Official Journal of the European Union | C 76/151 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/151

---

P8_TA(2018)0235

Odometer manipulation in motor vehicles: revision of the EU legal framework

European Parliament resolution of 31 May 2018 with recommendations to the Commission on odometer manipulation in motor vehicles: revision of the EU legal framework (2017/2064(INL))

(2020/C 76/18)

The European Parliament,

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

—

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

| — | having regard to Article 91(1) and Article 114 of the Treaty on the functioning of the European Union, |
| --- | --- |

—

having regard to Article 91(1) and Article 114 of the Treaty on the functioning of the European Union,

| — | having regard to Directive 2014/45/EU of the European Parliament and of the Council (1), |
| --- | --- |

—

having regard to Directive 2014/45/EU of the European Parliament and of the Council (1),

| — | having regard to Directive 2014/47/EU of the European Parliament and of the Council (2), |
| --- | --- |

—

having regard to Directive 2014/47/EU of the European Parliament and of the Council (2),

| — | having regard to Commission Regulation (EU) 2017/1151 (3), Regulation (EC) No 661/2009 of the European Parliament and of the Council (4), Commission Regulation (EC) No 692/2008 (5) and Regulation No 39 of the Economic Commission for Europe of the United Nations (6), |
| --- | --- |

—

having regard to Commission Regulation (EU) 2017/1151 (3), Regulation (EC) No 661/2009 of the European Parliament and of the Council (4), Commission Regulation (EC) No 692/2008 (5) and Regulation No 39 of the Economic Commission for Europe of the United Nations (6),

| — | having regard to its resolution of 10 December 2013 on CARS 2020: towards a strong, competitive and sustainable European car industry (7), |
| --- | --- |

—

having regard to its resolution of 10 December 2013 on CARS 2020: towards a strong, competitive and sustainable European car industry (7),

| — | having regard to the European Parliamentary Research Service (EPRS) study from November 2017 entitled “Odometer tampering: measures to prevent it” (8) and its accompanying European Added Value Assessment “Odometer manipulation in motor vehicles in the EU” (9), |
| --- | --- |

—

having regard to the European Parliamentary Research Service (EPRS) study from November 2017 entitled “Odometer tampering: measures to prevent it” (8) and its accompanying European Added Value Assessment “Odometer manipulation in motor vehicles in the EU” (9),

| — | having regard to the final report of the Association of European Vehicle and Driver Registration Authorities entitled “Vehicle Mileage Registration” (10), |
| --- | --- |

—

having regard to the final report of the Association of European Vehicle and Driver Registration Authorities entitled “Vehicle Mileage Registration” (10),

| — | having regard to the Commission’s “Consumer Market Study on the Functioning of the Market for Second-Hand Cars from a Consumer’s perspective”, |
| --- | --- |

—

having regard to the Commission’s “Consumer Market Study on the Functioning of the Market for Second-Hand Cars from a Consumer’s perspective”,

| — | having regard to Written Declaration 0030/2016 of 11 April 2016 on combating mileage fraud in the second-hand car market, |
| --- | --- |

—

having regard to Written Declaration 0030/2016 of 11 April 2016 on combating mileage fraud in the second-hand car market,

| — | having regard to Rules 46 and 52 of its Rules and Procedures, |
| --- | --- |

—

having regard to Rules 46 and 52 of its Rules and Procedures,

| — | having regard to the report of the Committee on Transport and Tourism (A8-0155/2018), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism (A8-0155/2018),

Current situation

| A. | whereas odometer tampering, namely the malpractice of deliberate and unauthorised altering of the real mileage of a vehicle shown on its odometer, is a serious and widespread problem throughout the Union, especially in the context of cross-border trade, and harms third countries which import second-hand cars from the Union; |
| --- | --- |

A.

whereas odometer tampering, namely the malpractice of deliberate and unauthorised altering of the real mileage of a vehicle shown on its odometer, is a serious and widespread problem throughout the Union, especially in the context of cross-border trade, and harms third countries which import second-hand cars from the Union;

| B. | whereas the economic profit of odometer tampering can be remarkable given the low prices of the equipment needed and the artificial increase of the value of the used cars; whereas studies estimate the share of tampered vehicles to be between 5 and 12 % of used cars in national sales and between 30 and 50 % of cross-border sales, accumulating to a total of between EUR 5,6 and 9,6 billion in economic damage in the Union; |
| --- | --- |

B.

whereas the economic profit of odometer tampering can be remarkable given the low prices of the equipment needed and the artificial increase of the value of the used cars; whereas studies estimate the share of tampered vehicles to be between 5 and 12 % of used cars in national sales and between 30 and 50 % of cross-border sales, accumulating to a total of between EUR 5,6 and 9,6 billion in economic damage in the Union;

| C. | whereas the number of kilometres driven is one of the most important parameters on the basis of which a buyer can assess the technical condition of a vehicle, and whereas the mileage reading has a significant impact on a vehicle’s market value; |
| --- | --- |

C.

whereas the number of kilometres driven is one of the most important parameters on the basis of which a buyer can assess the technical condition of a vehicle, and whereas the mileage reading has a significant impact on a vehicle’s market value;

| D. | whereas odometer readings are stored and shown digitally, while external access for the purpose of reconfiguration is easy as the protection level of odometers is lower than that of other components in the vehicle; |
| --- | --- |

D.

whereas odometer readings are stored and shown digitally, while external access for the purpose of reconfiguration is easy as the protection level of odometers is lower than that of other components in the vehicle;

| E. | whereas odometer tampering harms consumers, second-hand car dealers, insurers and leasing companies, while financially benefiting those who commit this fraud, and technical solutions must be found in order to make it more difficult for non-professionals to tamper with odometers; |
| --- | --- |

E.

whereas odometer tampering harms consumers, second-hand car dealers, insurers and leasing companies, while financially benefiting those who commit this fraud, and technical solutions must be found in order to make it more difficult for non-professionals to tamper with odometers;

| F. | whereas the increased wear and tear on cars with odometers that have been tampered with, negatively affects road safety; whereas buyers of such cars can face more than expected maintenance and repair costs because the cars are not inspected on the basis of their real mileage; |
| --- | --- |

F.

whereas the increased wear and tear on cars with odometers that have been tampered with, negatively affects road safety; whereas buyers of such cars can face more than expected maintenance and repair costs because the cars are not inspected on the basis of their real mileage;

| G. | whereas cars with odometers that have been tampered with, can show higher consumption and higher pollutant emissions than expected, thus violating durability requirements of the type approval legislation; |
| --- | --- |

G.

whereas cars with odometers that have been tampered with, can show higher consumption and higher pollutant emissions than expected, thus violating durability requirements of the type approval legislation;

| H. | whereas the second-hand car market in the Union, which is two to three times larger than the market for new cars, has the lowest consumer trust among goods markets according to the Commission’s Consumer Markets Scoreboard – 2014 (11) and odometer tampering contributes significantly to the loss of consumer trust in second-hand dealers and thus distorts the functioning of the internal market and fair competition; |
| --- | --- |

H.

whereas the second-hand car market in the Union, which is two to three times larger than the market for new cars, has the lowest consumer trust among goods markets according to the Commission’s Consumer Markets Scoreboard – 2014 (11) and odometer tampering contributes significantly to the loss of consumer trust in second-hand dealers and thus distorts the functioning of the internal market and fair competition;

| I. | whereas consumers are not sufficiently informed about possible ways of preventing the manipulation of odometer readings in second-hand cars and about existing techniques for monitoring mileage and preventing fraud in this area, and ways of gaining access to those techniques; |
| --- | --- |

I.

whereas consumers are not sufficiently informed about possible ways of preventing the manipulation of odometer readings in second-hand cars and about existing techniques for monitoring mileage and preventing fraud in this area, and ways of gaining access to those techniques;

| J. | whereas many Member States are still failing to provide consumers with the necessary tools that would enable them to verify the history of a used vehicle; |
| --- | --- |

J.

whereas many Member States are still failing to provide consumers with the necessary tools that would enable them to verify the history of a used vehicle;

| K. | whereas mileage fraud disproportionally affects social groups and geographical areas with lower income, exposing customers in the Member States which acceded to the Union in or after 2004 and in countries in the immediate vicinity of the Union (particularly Western Balkan countries into which second-hand cars are imported from the Union duty free or subject to an insignificant amount of duty) to a higher risk of buying a car with manipulated odometer and thus they are more often harmed by that malpractice; |
| --- | --- |

K.

whereas mileage fraud disproportionally affects social groups and geographical areas with lower income, exposing customers in the Member States which acceded to the Union in or after 2004 and in countries in the immediate vicinity of the Union (particularly Western Balkan countries into which second-hand cars are imported from the Union duty free or subject to an insignificant amount of duty) to a higher risk of buying a car with manipulated odometer and thus they are more often harmed by that malpractice;

| L. | whereas in the absence of a common, integrated system for exchange of information between Member States, there is an increased risk of legalising a mileage reading already manipulated before its initial verification in the country in which the car will ultimately be registered and where there are already measures to register the vehicle and verify its mileage; |
| --- | --- |

L.

whereas in the absence of a common, integrated system for exchange of information between Member States, there is an increased risk of legalising a mileage reading already manipulated before its initial verification in the country in which the car will ultimately be registered and where there are already measures to register the vehicle and verify its mileage;

| M. | whereas tackling odometer fraud by swiftly establishing uniform rules to prevent manipulation will fundamentally enhance security and certainty in the cross-border purchases of vehicles hence reducing the scale of unfair practices and also bringing substantial benefits to millions of consumers in the Union; |
| --- | --- |

M.

whereas tackling odometer fraud by swiftly establishing uniform rules to prevent manipulation will fundamentally enhance security and certainty in the cross-border purchases of vehicles hence reducing the scale of unfair practices and also bringing substantial benefits to millions of consumers in the Union;

Existing measures addressing odometer fraud

| N. | whereas some Member States have already introduced instruments to minimise odometer manipulation like “Car-Pass” in Belgium and “Nationale AutoPas” (NAP) in the Netherlands; whereas both those Member States use a database collecting odometer readings at every maintenance, service, repair or periodical inspection of the vehicle, without collecting any personal data, and both have almost eradicated odometer fraud in their domains within a short timeframe; |
| --- | --- |

N.

whereas some Member States have already introduced instruments to minimise odometer manipulation like “Car-Pass” in Belgium and “Nationale AutoPas” (NAP) in the Netherlands; whereas both those Member States use a database collecting odometer readings at every maintenance, service, repair or periodical inspection of the vehicle, without collecting any personal data, and both have almost eradicated odometer fraud in their domains within a short timeframe;

| O. | whereas the Belgian system is operated on the basis of law by a non-profit organisation and the system in the Netherlands is run by a government agency; whereas both systems operate at a reasonable cost and their success is accompanied and fostered by awareness and information campaigns as well as a strong legal framework establishing clear rules and dissuasive penalties; |
| --- | --- |

O.

whereas the Belgian system is operated on the basis of law by a non-profit organisation and the system in the Netherlands is run by a government agency; whereas both systems operate at a reasonable cost and their success is accompanied and fostered by awareness and information campaigns as well as a strong legal framework establishing clear rules and dissuasive penalties;

| P. | whereas the significantly higher number of manipulated cars in countries without access to those databases shows that cross-border data exchange and cooperation between Member States are crucial to their success; |
| --- | --- |

P.

whereas the significantly higher number of manipulated cars in countries without access to those databases shows that cross-border data exchange and cooperation between Member States are crucial to their success;

| Q. | whereas the European Car and Driving Licence Information System (Eucaris) already provides infrastructure and organisation for the exchange of harmonised data related to transport between Member States’ authorities and is used by all Member States to fulfil obligations under Directive 2011/82/EU of the European Parliament and of the Council (12) while its functionalities already include mileage recordings; |
| --- | --- |

Q.

whereas the European Car and Driving Licence Information System (Eucaris) already provides infrastructure and organisation for the exchange of harmonised data related to transport between Member States’ authorities and is used by all Member States to fulfil obligations under Directive 2011/82/EU of the European Parliament and of the Council (12) while its functionalities already include mileage recordings;

| R. | whereas there are also technical solutions, both regarding hardware and software, that could be integrated into vehicles by manufacturers and thus prevent odometer manipulation from the start, whereas “Hardware Security Modules” (HSM) and “Secure Hardware Extensions” (SHE) are already used to protect electronic control units (ECU) in vehicles against unauthorised access, manipulation or car theft and their cost per vehicle is estimated at one euro; |
| --- | --- |

R.

whereas there are also technical solutions, both regarding hardware and software, that could be integrated into vehicles by manufacturers and thus prevent odometer manipulation from the start, whereas “Hardware Security Modules” (HSM) and “Secure Hardware Extensions” (SHE) are already used to protect electronic control units (ECU) in vehicles against unauthorised access, manipulation or car theft and their cost per vehicle is estimated at one euro;

| S. | whereas Regulation (EU) 2017/1151 obliges manufacturers, in order to obtain type-approval for a vehicle, to implement systematic tamper-protection strategies and write-protect features to deter reprogramming of odometers, also taking account of remote data exchange features; whereas it only requires information and explications provided by the manufacturer and does not foresee any testing if the odometer is tampering proof while there are certified and internationally recognised processes, such as the Common Criteria for Information Technology Security Evaluation; whereas internationally recognised processes such as the Common Criteria (ISO/IEC 15408) can help safeguard against tampering; |
| --- | --- |

S.

whereas Regulation (EU) 2017/1151 obliges manufacturers, in order to obtain type-approval for a vehicle, to implement systematic tamper-protection strategies and write-protect features to deter reprogramming of odometers, also taking account of remote data exchange features; whereas it only requires information and explications provided by the manufacturer and does not foresee any testing if the odometer is tampering proof while there are certified and internationally recognised processes, such as the Common Criteria for Information Technology Security Evaluation; whereas internationally recognised processes such as the Common Criteria (ISO/IEC 15408) can help safeguard against tampering;

Legislation and loopholes

| T. | whereas odometer manipulation is prohibited in 26 Member States but only ten Member States have additional measures to verify the mileage available to customers and only six recognise odometer manipulation as criminal offence (13); whereas the hardware and software used for tampering with odometers are freely available in the Union and that is not classified as a criminal offence and whereas more Member States are on the way to criminalising activities connected with the illegal manipulation of meter readings; |
| --- | --- |

T.

whereas odometer manipulation is prohibited in 26 Member States but only ten Member States have additional measures to verify the mileage available to customers and only six recognise odometer manipulation as criminal offence (13); whereas the hardware and software used for tampering with odometers are freely available in the Union and that is not classified as a criminal offence and whereas more Member States are on the way to criminalising activities connected with the illegal manipulation of meter readings;

| U. | whereas odometer fraud represents a threat to roadworthiness, which is also referred to in Directive 2014/45/EU, which requires Member States to impose effective, proportionate and dissuasive penalties on such manipulations; whereas the Commission should further examine the feasibility of connecting national platforms in order to allow the cross-border exchange of information on roadworthiness which include odometer readings; |
| --- | --- |

U.

whereas odometer fraud represents a threat to roadworthiness, which is also referred to in Directive 2014/45/EU, which requires Member States to impose effective, proportionate and dissuasive penalties on such manipulations; whereas the Commission should further examine the feasibility of connecting national platforms in order to allow the cross-border exchange of information on roadworthiness which include odometer readings;

| V. | whereas Directive 2014/45/EU contains the obligation to record mileage readings during the periodical technical inspection (PTI) and makes these recordings available for the subsequent PTIs, but only addresses mileage recordings during roadworthiness tests from the first roadworthiness inspection onwards; whereas the first PTI might occur as late as four years after the first registration of the vehicle, leaving enough time for odometer manipulation before the first inspection as well as between inspections and might even result in an official recording of an incorrect mileage; |
| --- | --- |

V.

whereas Directive 2014/45/EU contains the obligation to record mileage readings during the periodical technical inspection (PTI) and makes these recordings available for the subsequent PTIs, but only addresses mileage recordings during roadworthiness tests from the first roadworthiness inspection onwards; whereas the first PTI might occur as late as four years after the first registration of the vehicle, leaving enough time for odometer manipulation before the first inspection as well as between inspections and might even result in an official recording of an incorrect mileage;

| W. | whereas neither Directive 2007/46/EC of the European Parliament and of the Council (14) and Commission Regulation (EC) No 692/2008 on type approval, nor Regulation No 39 of the Economic Commission for Europe of the United Nations (UNECE Regulation 39) refer to mileage fraud or tamper-proof odometers; whereas Regulation (EC) No 661/2009 refers to UNECE Regulation 39 regarding approval requirements for speedometers but does not provide for requirements with regard to, or the essential characteristics of, odometers; |
| --- | --- |

W.

whereas neither Directive 2007/46/EC of the European Parliament and of the Council (14) and Commission Regulation (EC) No 692/2008 on type approval, nor Regulation No 39 of the Economic Commission for Europe of the United Nations (UNECE Regulation 39) refer to mileage fraud or tamper-proof odometers; whereas Regulation (EC) No 661/2009 refers to UNECE Regulation 39 regarding approval requirements for speedometers but does not provide for requirements with regard to, or the essential characteristics of, odometers;

Future development in the automotive sector

| X. | whereas the automotive industry has made huge progress in developing and producing vehicles that are connected, use ITS and communicate with their environment so that most cars entering the market are already capable of connectivity features thus progressively moving towards a connected car fleet on roads in the Union; |
| --- | --- |

X.

whereas the automotive industry has made huge progress in developing and producing vehicles that are connected, use ITS and communicate with their environment so that most cars entering the market are already capable of connectivity features thus progressively moving towards a connected car fleet on roads in the Union;

| Y. | whereas, according to various surveys, the average age of cars on roads in the Union is 7 to 11 years and is constantly increasing, while in the Member States which acceded to the Union in or after 2004, cars are far above average age, resulting in a fleet that consists of newer, highly connected cars and older cars without any connectivity features; |
| --- | --- |

Y.

whereas, according to various surveys, the average age of cars on roads in the Union is 7 to 11 years and is constantly increasing, while in the Member States which acceded to the Union in or after 2004, cars are far above average age, resulting in a fleet that consists of newer, highly connected cars and older cars without any connectivity features;

| Z. | whereas modern vehicles already regularly send datasets to manufacturers including actual mileage and total operating time delivering key data for the verification of mileage record plausibility; |
| --- | --- |

Z.

whereas modern vehicles already regularly send datasets to manufacturers including actual mileage and total operating time delivering key data for the verification of mileage record plausibility;

| AA. | whereas blockchain technology could be one solution for future odometer data storage; |
| --- | --- |

AA.

whereas blockchain technology could be one solution for future odometer data storage;

| AB. | whereas CarTrustChain is a successful project on how to use blockchain technology to eliminate odometer fraud that was co-funded by the European Regional Development Fund; |
| --- | --- |

AB.

whereas CarTrustChain is a successful project on how to use blockchain technology to eliminate odometer fraud that was co-funded by the European Regional Development Fund;

| 1. | Requests the Commission to submit, on the basis of Article 91(1) and Article 114 of the Treaty on the Functioning of the European Union (TFEU), a legislative framework that requires Member States to create legal, technical and operational barriers in order to make odometer manipulations impossible, following the recommendations set out in this resolution and in the Annex hereto, within a timeframe of twelve months after the adoption by Parliament of this resolution; calls on the Commission to review the statutory requirements of Regulation (EU) 2017/1151; |
| --- | --- |

1.

| 2. | Calls on the Commission to ensure that the same legal and technical barriers are also applied to imports from third countries; |
| --- | --- |

2.

| 3. | Welcomes technical solutions such as HSM and SHE, which are already widely used to protect sensitive data in cars, and underlines the fact that odometer readings should enjoy the same level of protection in order to prevent odometers from being manipulated; |
| --- | --- |

3.

| 4. | Calls on the Commission to strengthen type approval for in-car security, especially for the technical measures against odometer fraud but also in light of the increase of connected cars; |
| --- | --- |

4.

| 5. | Welcomes that the Commission included requirements on technology security for odometers in Regulation (EU) 2017/1151; points out however, that there are no provisions on how to monitor these requirements and therefore calls on the Commission to establish clear criteria for effectively checking the safety of odometers, to adjust those requirements if necessary, within the shortest timeframe possible, and to report to Parliament about the effectiveness of that Regulation; |
| --- | --- |

5.

| 6. | Notes that national solutions using databases of frequent odometer readings from PTI, garage visits and other vehicle inspections achieved great success in fighting odometer manipulation in the respective Member States, and therefore proposes that those Member States that have to date failed to act accordingly should establish appropriate solutions as quickly as possible; |
| --- | --- |

6.

| 7. | Emphasises in this regard that all Member States should have national registers and engage in the cross-border exchange of data from those registers, since that is the only way in which mileage fraud can be tackled efficiently in the Union; therefore calls on the Commission to propose a legislative framework for Member States to set up comparable and mutually compatible national data collection mechanisms, based on existing best practices, that will provide frequent and reliable mileage data collection starting at the time of a vehicle’s first registration, and to allow for international exchange; |
| --- | --- |

7.

| 8. | Stresses that cross-border access to odometer readings should be possible and that easy access to that information by a buyer of a second-hand vehicle would be a major contribution to consumer protection; underlines the fact that a buyer of a second-hand vehicle should be able to verify the accuracy of its odometer reading, regardless of the Member State in which it was previously registered; calls on the Commission and the Member States to inform consumers and stakeholders, in a proactive manner, about existing measures against odometer fraud and about ways in which to detect and prevent odometer manipulation; |
| --- | --- |

8.

| 9. | Stresses that Eucaris offers an existing infrastructure for cost-effective exchange of odometer readings across the Union based on a database solution; regrets that in 2017 only Belgium, the Netherlands and Slovakia made use of the Eucaris platform to exchange information on odometer readings and therefore encourages Member States to participate in exploiting the opportunities provided by this system; |
| --- | --- |

9.

| 10. | Calls on the Commission to make participation in Eucaris mandatory and to implement it as a vehicle information platform thus facilitating mileage verification throughout the Union with a view to reducing the possibilities for odometer manipulation; |
| --- | --- |

10.

| 11. | Regrets the fact that the electronic register provided for in Directive 2014/45/EU has not yet been established and that Member States’ penalties are not dissuasive enough, as a result of which the data exchange objectives have not been met; |
| --- | --- |

11.

| 12. | Calls on the Commission to provide for a legal framework enabling the Member States to register mandatory odometer readings from PTIs, from each inspection, service, maintenance operation and repair carried out, and from other garage visits, starting with the vehicle’s first registration; |
| --- | --- |

12.

| 13. | Emphasises that a blockchain-based solution could be more cost-effective and calls on the Commission to conduct a cost-benefit-analysis for this solution within twelve months of the adoption by Parliament of this resolution, including security, transparency and protection of data; stresses that, until the potential uptake of this technology effective easy to use and rapidly operational solutions, in particular databases, should be implemented without delay; |
| --- | --- |

13.

| 14. | Stresses that wider application of advanced cryptographic technologies, such as HSM or SHE based solutions, could provide additional protection against odometer manipulations, protecting odometers from non-authorised access by way of secured chips; |
| --- | --- |

14.

| 15. | Emphasises that vehicles have become increasingly capable of connectivity and that this development will continue, thus allowing to automatically feed odometer data into a database or a blockchain network; welcomes the automotive industry’s efforts to develop a variety of technical safeguards against odometer tampering including data encryption, data protection and security but also calls on manufacturers to further improve the effectiveness of their technical solutions; |
| --- | --- |

15.

| 16. | Highlights that all measures involving transmission and storage of data should follow the European data protection acquis, only be practiced for preventing odometer manipulation and with the highest level of cyber protection; |
| --- | --- |

16.

| 17. | Calls on the Member States to create or amend legislation on odometer manipulation in order to make it a criminal offence – including the provision of hardware, software and the related services required for unauthorised manipulation – since tampering leads to the incorrect assessment of vehicle roadworthiness and thus has a negative impact on road safety; calls on the Member States to provide sufficient human and financial resources for the effective, non-discriminatory and proportionate enforcement of such legislation; |
| --- | --- |

17.

| 18. | Believes that swapping a vehicle odometer for one with a lower mileage reading should be considered to be vehicle mileage fraud if the aim is to conceal the real mileage and thereby make a profit; |
| --- | --- |

18.

| 19. | Requests the Commission to submit, on the basis of Article 91(1) and Article 114 TFEU, a proposal for an act on measures tackling odometer manipulation, following the recommendations set out in the Annex hereto; |
| --- | --- |

19.

o

o o

| 20. | Instructs its President to forward this resolution and the accompanying recommendations to the Commission and the Council. |
| --- | --- |

20.

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(1)  Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).

(2)  Directive 2014/47/EU of the European Parliament and of the Council of 3 April 2014 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC (OJ L 127, 29.4.2014, p. 134).

(3)  Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).

(4)  Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, p. 1).

(5)  Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 199, 28.7.2008, p. 1).

(6)  Regulation No 39 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of vehicles with regard to the speedometer equipment including its installation (OJ L 120, 13.5.2010, p. 40).

(7)  OJ C 468, 15.12.2016, p. 57.

(8)  http://www.europarl.europa.eu/RegData/etudes/STUD/2017/602012/IPOL_STU%282017%29602012_EN.pdf

(9)  http://www.europarl.europa.eu/RegData/etudes/STUD/2018/615637/EPRS_STU%282018%29615637_EN.pdf

(10)  https://www.ereg-association.eu/media/1122/final-report-ereg-topic-group-xiii-vehicle-mileage-registration.pdf

(11)  https://ec.europa.eu/info/files/consumer-markets-scoreboard-2014-edition_en

(12)  Directive 2011/82/EU of the European Parliament and of the Council of 25 October 2011 facilitating the cross-border exchange of information on road safety related traffic offences (OJ L 288, 5.11.2011, p. 1).

(13)  See European Consumer Centers Network (ECC-Net, 2015), Cross-border car purchases: what to look out when you’re bargain hunting, p. 236.

(14)  Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).

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ANNEX TO THE RESOLUTION

RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

Fostering technical solutions and type approval

In order to make the manipulation of odometer readings more difficult, a higher level of in-vehicle security for odometer data should be established. This is to be achieved by including the following in the proposal:

| — | Monitoring of the implementation of point (f) of Article 5 (3) of Regulation (EU) 2017/1151 and submit a report with the results to Parliament as soon as possible; |
| --- | --- |

—

Monitoring of the implementation of point (f) of Article 5 (3) of Regulation (EU) 2017/1151 and submit a report with the results to Parliament as soon as possible;

| — | Establishing clear requirements for securing odometer readings against manipulation including – if positively assessed – cryptographic manipulation protection, manipulation recognition systems, separate mileage detection and recording and hardware security; |
| --- | --- |

—

Establishing clear requirements for securing odometer readings against manipulation including – if positively assessed – cryptographic manipulation protection, manipulation recognition systems, separate mileage detection and recording and hardware security;

| — | Introducing a test method or apply the Common Criteria for Information Technology Security Evaluation for the preventive solutions provided for in Regulation (EU) 2017/1151 regarding odometer fraud; |
| --- | --- |

—

Introducing a test method or apply the Common Criteria for Information Technology Security Evaluation for the preventive solutions provided for in Regulation (EU) 2017/1151 regarding odometer fraud;

Database systems

Databases with odometer readings significantly reduce the number of manipulated vehicles. It is important to achieve a Union-wide solution, as isolated national initiatives cannot prevent odometer fraud in cross-border trading of second-hand vehicles. Therefore, the proposal should provide for the following measures:

| — | the mandatory odometer reading recordings provided for in Directive 2014/45/EU should be made available for cross-border exchange and on request also to customers; |
| --- | --- |

—

the mandatory odometer reading recordings provided for in Directive 2014/45/EU should be made available for cross-border exchange and on request also to customers;

| — | create a legal framework for setting up comparable mileage recording databases in the Member States, ensuring international exchange and access to information, based on existing best practice that provides frequent and reliable mileage data recording; |
| --- | --- |

—

create a legal framework for setting up comparable mileage recording databases in the Member States, ensuring international exchange and access to information, based on existing best practice that provides frequent and reliable mileage data recording;

| — | existing odometer reading databases on Member States’ level should be interconnected, compatible and interoperable on EU-level and allow for international data exchange while existing infrastructure like Eucaris should be used for a cost-effective and timely implementation; |
| --- | --- |

—

existing odometer reading databases on Member States’ level should be interconnected, compatible and interoperable on EU-level and allow for international data exchange while existing infrastructure like Eucaris should be used for a cost-effective and timely implementation;

| — | data protection rules should be respected and, where necessary, adapted in a way to enable storage and exchange of the relevant data and protection of privacy while effectively preventing fraudulent use of the collected data; |
| --- | --- |

—

data protection rules should be respected and, where necessary, adapted in a way to enable storage and exchange of the relevant data and protection of privacy while effectively preventing fraudulent use of the collected data;

| — | buyers of second-hand vehicles should be provided with a means to verify, before the purchase, the accuracy of the odometer reading of the car, based on the collected mileage data from that vehicle regardless of the Member State in which it was previously registered; |
| --- | --- |

—

buyers of second-hand vehicles should be provided with a means to verify, before the purchase, the accuracy of the odometer reading of the car, based on the collected mileage data from that vehicle regardless of the Member State in which it was previously registered;

Blockchain and connectivity as potential and complementary long-term solutions

Vehicles become increasingly connected and the share of connected vehicles in the Union is constantly growing. They already transmit data like the actual mileage reading to the manufacturers’ servers. Those data could already be used to discover mileage fraud.

Blockchain technology could, in time, offer a reliable tool by which to secure data in a network and to help prevent manipulation of data entries. Combining those developments and technology could be explored as a long-term solution to odometer fraud.

Therefore, the following measures should be proposed:

| — | the potential costs and benefits of establishing a European blockchain network for odometer readings should be assessed; |
| --- | --- |

—

the potential costs and benefits of establishing a European blockchain network for odometer readings should be assessed;

| — | if positively assessed: the legal and regulatory framework for an automated transmission of odometer readings of cars that are equipped with connectivity functions and – irrespective of the blockchain assessment – for accessing odometer data stored and collected by the manufacturers complementing mileage recordings from manual entries at PTI and from other sources should be created; |
| --- | --- |

—

if positively assessed: the legal and regulatory framework for an automated transmission of odometer readings of cars that are equipped with connectivity functions and – irrespective of the blockchain assessment – for accessing odometer data stored and collected by the manufacturers complementing mileage recordings from manual entries at PTI and from other sources should be created;

| — | the transmission of odometer readings from PTI, garage visits and inspections should be required, thus integrating but advancing from the database system; |
| --- | --- |

—

the transmission of odometer readings from PTI, garage visits and inspections should be required, thus integrating but advancing from the database system;

Legislation and enforcement

Odometer fraud is not a criminal offence in all Member States, although Directive 2014/45/EU explicitly provides for that. The enforcement of effective legal measures, including penalties is crucial for the eradication of odometer fraud. The following measures should therefore be proposed:

| — | odometer fraud should be regarded as an offence committed both by the person who orders the meter reading to be changed (the car owner) and by the person who changes the meter reading, and should be punishable by effective, proportionate, dissuasive and non-discriminatory penalties that follow a highly comparable standard in the whole Union. |
| --- | --- |

—

odometer fraud should be regarded as an offence committed both by the person who orders the meter reading to be changed (the car owner) and by the person who changes the meter reading, and should be punishable by effective, proportionate, dissuasive and non-discriminatory penalties that follow a highly comparable standard in the whole Union.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/159 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/159

---

P8_TA(2018)0237

Connecting Europe facility after 2020

European Parliament resolution of 31 May 2018 on the Transport Pillar of the Connecting Europe Facility after 2020 (2018/2718(RSP))

(2020/C 76/19)

The European Parliament,

| — | having regard to Articles 311, 312 and 323 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 311, 312 and 323 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (1) and the subsequent amendment thereof by Council Regulation (EU, Euratom) 2017/1123 of 20 June 2017 (2), |
| --- | --- |

—

having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (1) and the subsequent amendment thereof by Council Regulation (EU, Euratom) 2017/1123 of 20 June 2017 (2),

| — | having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3),

| — | having regard to its resolution of 6 July 2016 on the preparation of the post-electoral revision of the MFF 2014-2020: Parliament’s input ahead of the Commission’s proposal (4), |
| --- | --- |

—

having regard to its resolution of 6 July 2016 on the preparation of the post-electoral revision of the MFF 2014-2020: Parliament’s input ahead of the Commission’s proposal (4),

| — | having regard to the Commission’s Reflection Paper of 28 June 2017 on the Future of EU Finances (COM(2017)0358), |
| --- | --- |

—

having regard to the Commission’s Reflection Paper of 28 June 2017 on the Future of EU Finances (COM(2017)0358),

| — | having regard to its resolution of 24 October 2017 on the Reflection Paper on the Future of EU Finances (5), |
| --- | --- |

—

having regard to its resolution of 24 October 2017 on the Reflection Paper on the Future of EU Finances (5),

| — | having regard to the Commission proposal of 14 September 2016 for a Council Regulation amending Regulation (EU, Euratom) No 1311/2013 laying down the multiannual financial framework for the years 2014-2020 (COM(2016)0604), the Commission communication (COM(2016)0603) and the accompanying staff working document (SWD(2016)0299), |
| --- | --- |

—

having regard to the Commission proposal of 14 September 2016 for a Council Regulation amending Regulation (EU, Euratom) No 1311/2013 laying down the multiannual financial framework for the years 2014-2020 (COM(2016)0604), the Commission communication (COM(2016)0603) and the accompanying staff working document (SWD(2016)0299),

| — | having regard to the Commission proposal of 14 September 2016 for an amendment of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (COM(2016)0606), |
| --- | --- |

—

having regard to the Commission proposal of 14 September 2016 for an amendment of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (COM(2016)0606),

| — | having regard to the ratification of the Paris Agreement by the European Parliament on 4 October 2016 and by the Council on 5 October 2016, |
| --- | --- |

—

having regard to the ratification of the Paris Agreement by the European Parliament on 4 October 2016 and by the Council on 5 October 2016,

| — | having regard to its resolution of 26 October 2016 on the mid-term revision of the MFF 2014-2020 (6), |
| --- | --- |

—

having regard to its resolution of 26 October 2016 on the mid-term revision of the MFF 2014-2020 (6),

| — | having regard to the opinion of the Committee of the Regions of 15 June 2016 – Mid-term revision of the Multiannual Financial Framework (MFF) (7), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 15 June 2016 – Mid-term revision of the Multiannual Financial Framework (MFF) (7),

| — | having regard to the Commission communication of 2 May 2018 entitled ‘A Modern Budget for a Union that Protects, Empowers and Defends. The Multiannual Financial Framework for 2021-2027’ (COM(2018)0321), |
| --- | --- |

—

having regard to the Commission communication of 2 May 2018 entitled ‘A Modern Budget for a Union that Protects, Empowers and Defends. The Multiannual Financial Framework for 2021-2027’ (COM(2018)0321),

| — | having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 28 March 2018 on the Action Plan on Military Mobility (JOIN(2018)0005), |
| --- | --- |

—

having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 28 March 2018 on the Action Plan on Military Mobility (JOIN(2018)0005),

| — | having regard to the Commission report of 14 February 2018 on the mid-term evaluation of the Connecting Europe Facility (CEF) (COM(2018)0066), |
| --- | --- |

—

having regard to the Commission report of 14 February 2018 on the mid-term evaluation of the Connecting Europe Facility (CEF) (COM(2018)0066),

| — | having regard to Rule 123(2) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 123(2) and (4) of its Rules of Procedure,

| A. | whereas the development and rehabilitation of transport infrastructure in the EU is still rather fragmented and represents a major challenge in terms of capacity and financing but is essential to ensuring both sustainable growth, jobs and competitiveness and social and territorial cohesion within the Union, thereby countering imbalances between regions; |
| --- | --- |

A.

whereas the development and rehabilitation of transport infrastructure in the EU is still rather fragmented and represents a major challenge in terms of capacity and financing but is essential to ensuring both sustainable growth, jobs and competitiveness and social and territorial cohesion within the Union, thereby countering imbalances between regions;

| B. | whereas the Connecting Europe Facility (CEF) is a common, centrally managed funding programme designed to promote the development of a high-performing, sustainable and interconnected trans-European network (TEN) in the fields of transport, energy and digital services infrastructure; |
| --- | --- |

B.

whereas the Connecting Europe Facility (CEF) is a common, centrally managed funding programme designed to promote the development of a high-performing, sustainable and interconnected trans-European network (TEN) in the fields of transport, energy and digital services infrastructure;

| C. | whereas the early completion of the Trans-European Transport Network (TEN-T) will substantially contribute to the EU’s achievement of its emission reduction targets under the Paris Climate Agreement, to the decarbonisation of the European economy and to the EU’s 20-20-20 objectives in the area of energy and climate policy; whereas the core network should be completed by 2030 and the comprehensive network by 2050; |
| --- | --- |

C.

whereas the early completion of the Trans-European Transport Network (TEN-T) will substantially contribute to the EU’s achievement of its emission reduction targets under the Paris Climate Agreement, to the decarbonisation of the European economy and to the EU’s 20-20-20 objectives in the area of energy and climate policy; whereas the core network should be completed by 2030 and the comprehensive network by 2050;

| D. | whereas one in 10 Europeans work in the wider transport sector, and whereas investing in transport infrastructure will lead to the creation of new jobs as it is estimated that every billion euros invested in the TEN-T core network will create up to 20 000 new jobs; |
| --- | --- |

D.

whereas one in 10 Europeans work in the wider transport sector, and whereas investing in transport infrastructure will lead to the creation of new jobs as it is estimated that every billion euros invested in the TEN-T core network will create up to 20 000 new jobs;

| E. | whereas the CEF focuses on facilitating cross-border connections, establishing multimodal and urban nodes, addressing market failure and removing bottlenecks; whereas the CEF has secured the realisation of projects that would not have been implemented otherwise, thereby providing a clear EU added value in facilitating transnational cooperation and coordination; |
| --- | --- |

E.

whereas the CEF focuses on facilitating cross-border connections, establishing multimodal and urban nodes, addressing market failure and removing bottlenecks; whereas the CEF has secured the realisation of projects that would not have been implemented otherwise, thereby providing a clear EU added value in facilitating transnational cooperation and coordination;

| F. | whereas the transport sector has represented the greatest share of the CEF budget in the period 2014-2020; whereas the transport share was divided into a general envelope for all Member States and a cohesion envelope available to cohesion Member States and transferred directly from the Cohesion Fund; |
| --- | --- |

F.

whereas the transport sector has represented the greatest share of the CEF budget in the period 2014-2020; whereas the transport share was divided into a general envelope for all Member States and a cohesion envelope available to cohesion Member States and transferred directly from the Cohesion Fund;

| G. | whereas the CEF is one of the most successful EU programmes as calls have largely been oversubscribed; whereas, by the end of 2017, CEF Transport had already allocated EUR 21,3 billion in grants for TEN-T projects, triggering EUR 41,6 billion of total investments; whereas, during 2018, additional grant agreements will be signed for a blending call combining CEF grants with private finance, including from the European Fund for Strategic Investments (EFSI); whereas the initial budget of EUR 1 billion for this call was increased in November 2017 by EUR 350 million to support the ‘Innovation and new technologies’ priority in line with the objectives of the Alternative Fuels Action Plan; |
| --- | --- |

G.

whereas the CEF is one of the most successful EU programmes as calls have largely been oversubscribed; whereas, by the end of 2017, CEF Transport had already allocated EUR 21,3 billion in grants for TEN-T projects, triggering EUR 41,6 billion of total investments; whereas, during 2018, additional grant agreements will be signed for a blending call combining CEF grants with private finance, including from the European Fund for Strategic Investments (EFSI); whereas the initial budget of EUR 1 billion for this call was increased in November 2017 by EUR 350 million to support the ‘Innovation and new technologies’ priority in line with the objectives of the Alternative Fuels Action Plan;

| H. | whereas the introduction of the ‘use it or lose it’ principle has contributed significantly to the success of the CEF: whereas, however, the recovery of the budget of non-implemented projects should be accelerated; |
| --- | --- |

H.

whereas the introduction of the ‘use it or lose it’ principle has contributed significantly to the success of the CEF: whereas, however, the recovery of the budget of non-implemented projects should be accelerated;

| I. | whereas the CEF is aimed at accelerating investment in transport infrastructure and innovation and leveraging funding from both the public and the private sectors, while increasing legal certainty and respecting the principle of technology neutrality; |
| --- | --- |

I.

whereas the CEF is aimed at accelerating investment in transport infrastructure and innovation and leveraging funding from both the public and the private sectors, while increasing legal certainty and respecting the principle of technology neutrality;

| J. | whereas the Commission is expected to publish its legislative proposals on European Strategic Investment, including an updated Connecting Europe Facility (CEF), in June 2018; |
| --- | --- |

J.

whereas the Commission is expected to publish its legislative proposals on European Strategic Investment, including an updated Connecting Europe Facility (CEF), in June 2018;

| 1. | Stresses that investing in transport infrastructure means investing in long-term sustainable growth, cohesion, competitiveness and jobs; underlines, therefore, the strategic importance of the CEF programme as regards the integration of the internal market, smart mobility and the opportunity for the EU to deliver tangible added-value for citizens through this programme; |
| --- | --- |

1.

| 2. | Emphasises that the CEF has been, is and must remain an effective and targeted instrument for investment in trans-European infrastructure (TEN) in transport, energy and the digital service sectors and in order to contribute to the EU’s priorities on jobs, growth and investment, the internal market, the Energy Union, the climate and the digital single market; |
| --- | --- |

2.

| 3. | Highlights the success of the CEF 2014-2020 programme in bringing high European added value by supporting connectivity projects with a cross-border, interoperable and multimodal dimension and projects enhancing connectivity in all modes of transport, including at sea, inland ports and inland waterways, prioritising projects that bridge missing links, and removing bottlenecks with a view to achieving a single European transport area accessible to all and an innovative transport sector; calls on the Commission to increase the cross-border added value of nodes, such as seaports, and to support projects enhancing connectivity with partner third countries; |
| --- | --- |

3.

| 4. | Acknowledges that the full benefit and potential of EU investment in the TEN-T network can only be realised after the completion of the core and comprehensive networks; calls on the Commission to bear in mind that the completion of these networks will require significant investments, part of which will depend on continued EU support, or they risk coming to a standstill; insists that pressure must be maintained to achieve their completion no later than 2030 and 2050 respectively, and in accordance with 21st-century standards throughout the process; |
| --- | --- |

4.

| 5. | Calls on the Commission to ensure that the CEF programme under the 2021-2027 MFF proposal follows on from the current programme with even broader ambition in terms of policy objectives and financial resources; emphasises that investments in digital, innovative and sustainable transport projects must be accelerated in order to move towards a greener, truly integrated, modern, accessible-to-all, safer and efficient transport system; |
| --- | --- |

5.

| 6. | Acknowledges that CEF intervention was decisive in launching most of the projects, especially for connectivity projects at cross-border, national, regional and local level; stresses that the CEF has proven to be a major catalyst for public and private investment; believes, however, that further action should be taken to release its full potential; |
| --- | --- |

6.

| 7. | Calls on the Commission to consider further ways to promote the CEF as a policy-driven instrument with specific sectoral objectives, addressing complex projects with a cross-border or EU-wide interoperability dimension; |
| --- | --- |

7.

| 8. | Believes that, in the next MFF, drawing on a thorough review of the 2014-2020 period and the consequences of the complex relationship between the CEF and other financial programmes and instruments, such as Horizon 2020, the ESI Funds and the EFSI, and in particular the substitution effect observed between the CEF and the EFSI, the Commission should further reinforce and ensure the complementarity between the CEF and other programmes such as Horizon Europe and the InvestEU Fund, in order to maintain and promote the clear objectives of the programme, avoid overlaps and optimise budgetary resources; |
| --- | --- |

8.

| 9. | Stresses that any cut to the next CEF in favour of other programmes, as happened under the CEF 2014-2020 to the EFSI and the European Defence Industrial Development Programme (EDIDP), would be considered unacceptable; urges the Commission to preserve the integrity of the financial capacity of the CEF, as a large majority of CEF funding relates to projects with wider regional and EU benefits, but for which sufficient national funding or market-based financing is unavailable; |
| --- | --- |

9.

| 10. | Recognises the encouraging success of the first results of the Blending Call for Proposals launched under the current CEF programme; strongly encourages the Commission, therefore, to repeat such calls in the future and continue using a stronger CEF in the form of grants, to be combined with EU and non-EU financial instruments, where possible; invites the Commission also to find ways of more effectively encouraging the participation of private co-investors, and the Member States to abolish legislative and administrative obstacles to such a process; |
| --- | --- |

10.

| 11. | Calls on the Commission to further encourage synergies at project level between the three sectors, which are currently limited because of the rigidity of the budgetary framework as regards the eligibility of projects and the eligibility of costs; urges the Commission to adapt infrastructure to the upcoming needs of clean and smart mobility; expects the future sectoral policy guidelines and the CEF instrument to be made more flexible in order to facilitate synergies and to be more responsive to new technological developments and priorities such as digitalisation, while accelerating the creation of a low-emission economy and addressing common societal challenges such as cybersecurity; |
| --- | --- |

11.

| 12. | Highlights the importance of direct management for the purposes of ensuring common procedures across the three sectors, a speedy allocation of funds and very sound budgetary execution; points out that the direct management of CEF grants has proved very efficient, with a strong project pipeline and a competitive selection process, a focus on EU policy objectives, coordinated implementation and the full involvement of Member States; acknowledges the crucial role played by the Innovation and Networks Executive Agency (INEA) in the success of the CEF by optimising the budget, particularly thanks to its flexibility in quickly redirecting unspent money for certain actions to financing new ones; insists on reinforcing the INEA to ensure that EU funds are appropriately spent; |
| --- | --- |

12.

| 13. | Supports the application of the ‘use it or lose it’ principle in the direct management of the CEF; insists, at the same time, on maintaining the possibility of recycling commitments in cases where projects are not performing as planned in order to increase the efficiency of the CEF; |
| --- | --- |

13.

| 14. | Acknowledges the complexity of submitting a project, especially for large transport infrastructure, and the relevance of the technical assistance provided, e.g. through the CEF Programme Support Action, in particular to cohesion Member States, in order to promote the eligibility of mature and high-quality projects; calls on the Commission to continue providing this type of assistance and to rethink evaluation criteria that would favour a clearer identification of the added value of projects; asks the Commission, additionally, to take further steps to significantly simplify administrative requirements not only for small grants and to adapt the technical assistance provided for smaller project applicants; |
| --- | --- |

14.

| 15. | Welcomes the fact that in the 2014-2020 programme EUR 11,3 billion was transferred from the Cohesion Fund to the cohesion envelope of the CEF transport pillar and highlights the outstanding success of the cohesion calls; |
| --- | --- |

15.

| 16. | Notes the Commission proposal to allocate EUR 42 265 million to the CEF for the period 2021-2027, including EUR 7 675 million for energy projects and EUR 2 662 million (both in constant prices) for telecommunications and digital projects; regrets, however, that in constant prices the allocation to CEF–Transport amounts to EUR 11 384 million and the contribution from the Cohesion Fund amounts to EUR 10 000 million, which represent cuts of 12 % and 13 % respectively; notes and cannot accept that funds allocated to the transport pillar are the only ones that have been decreased; underlines that the challenges facing the transport sector in the internal market and the success of the CEF are at odds with a reduction in the amount of the transport envelope and asks the Commission to reconsider the amount proposed; |
| --- | --- |

16.

| 17. | Believes that in order to maintain the high credibility and attractiveness of the CEF programme for investors, its financial capacity during the next MFF period should be increased; stresses that an insufficient budget for transport would put the completion of the TEN-T network at risk and that this would in fact depreciate investments from public finances already made; |
| --- | --- |

17.

| 18. | Underlines, in addition, that the cohesion envelope has a strong regional dimension that responds to local demand and is key to the completion of the parts of the core network in the cohesion Member States and therefore to the territorial cohesion of the EU; notes that investment in EU transport infrastructure, when implemented with the contribution from the Cohesion Fund, should remain a well-balanced system of centrally managed and shared management sources; stresses that the amount earmarked under the direct management of the CEF framework from the Cohesion Fund in the next MFF 2021-2027 must at least remain at the same level as in the previous MFF 2014-2020 and that this amount must be sufficient to complete, during the next MFF 2021-2027, those projects funded from the earmarked Cohesion Fund under the current CEF; |
| --- | --- |

18.

| 19. | Recalls that the completion of the transport core network in the EU and the fulfilment of the policy priorities will continue to require the participation in decision-making of the citizens and stakeholders concerned, transparency in assessing and monitoring the environmental and financial implementation of projects, the improvement of modal integration, and the promotion of co-modal operations; |
| --- | --- |

19.

| 20. | Calls on the Commission and the Member States to remain committed to the CEF’s main policy objectives in the transport sector: by 2030 – completion of the TEN-T core network, including the deployment of Single European Sky ATM Research (SESAR), Motorways of the Sea (MoS) and the European Rail Traffic Management Systems (ERTMS), and the transition towards clean, competitive, innovative and connected mobility, including an EU backbone of alternative-fuels charging infrastructure by 2025; progress towards the completion of the TEN-T comprehensive network by 2050; |
| --- | --- |

20.

| 21. | Underlines the need for a stronger focus on smart horizontal projects; therefore asks the Commission to consider establishing specific, dedicated and transnational initiatives to accelerate and ensure the correct implementation of horizontal priorities such as ERTMS by leveraging private investments, in part by bringing together grants and financial instruments; |
| --- | --- |

21.

| 22. | Recalls, in respect of the transport sector, the importance of focusing on multimodal and cross-border connections, digital solutions, modal shift and more sustainable transport; believes that the updated CEF should also prioritise more direct linkages between the core and comprehensive networks; believes that these objectives should be reflected in the lists of pre-identified projects included in the next CEF regulation; |
| --- | --- |

22.

| 23. | Recognises that the transport sector should take full advantage of the opportunities offered by digital and innovative technologies and acknowledges that new innovative transport infrastructure is always more attractive for investment, especially from the private sector; points out, however, that existing infrastructure remains the backbone of the EU network and emphasises the urgency of investing more heavily in the maintenance of existing infrastructure; calls on the Commission, therefore, to ensure the attractiveness of the retrofitting or upgrading of existing infrastructure with high innovation ambition; |
| --- | --- |

23.

| 24. | Calls on the Commission to devote particular attention to the outermost regions (ORs), as enshrined in Article 349 TFEU, by extending the core network of ports to improve connectivity within their geographical basins, between the regions themselves, with the mainland and with third countries; considers that the ORs should have up to 85 % of co-financing in all transport modes in order to improve their access to calls and to create regular maritime connections between the ORs and mainland areas; calls on the Commission to consider the creation of a specific call for the ORs and to consider, moreover, the allocation of funding for innovative technology for regional airports in the ORs so as to guarantee the safety and maintenance of airport infrastructure; |
| --- | --- |

24.

| 25. | Welcomes the objectives set in the joint communication on the Action Plan on Military Mobility in terms of both improving infrastructure and enabling synergies; calls on the Commission to use the CEF to support the development of dual-use civilian-defence infrastructure along the TEN-T network; |
| --- | --- |

25.

| 26. | Instructs its President to forward this resolution to the Commission and the Member States. |
| --- | --- |

26.

---

(1)  OJ L 347, 20.12.2013, p. 884.

(2)  OJ L 163, 24.6.2017, p. 1.

(3)  OJ C 373, 20.12.2013, p. 1.

(4)  OJ C 101, 16.3.2018, p. 64.

(5)  Texts adopted, P8_TA(2017)0401.

(6)  Texts adopted, P8_TA(2016)0412.

(7)  OJ C 17, 18.1.2017, p. 20.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/164 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/164

---

P8_TA(2018)0238

Situation in Nicaragua

European Parliament resolution of 31 May 2018 on the situation in Nicaragua (2018/2711(RSP))

(2020/C 76/20)

The European Parliament,

| — | having regard to its previous resolutions on Nicaragua, in particular those of 18 December 2008 (1), 26 November 2009 (2) and 16 February 2017 (3), |
| --- | --- |

—

having regard to its previous resolutions on Nicaragua, in particular those of 18 December 2008 (1), 26 November 2009 (2) and 16 February 2017 (3),

| — | having regard to the Association Agreement between the EU and Central America of 2012, |
| --- | --- |

—

having regard to the Association Agreement between the EU and Central America of 2012,

| — | having regard to the EU Country Strategy Paper and Multiannual Indicative Programme 2014-2020 on Nicaragua, |
| --- | --- |

—

having regard to the EU Country Strategy Paper and Multiannual Indicative Programme 2014-2020 on Nicaragua,

| — | having regard to the International Covenant on Civil and Political Rights of 1966, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights of 1966,

| — | having regard to the Universal Declaration of Human Rights of 1948, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights of 1948,

| — | having regard to the EU Guidelines on Human Rights Defenders of June 2004, |
| --- | --- |

—

having regard to the EU Guidelines on Human Rights Defenders of June 2004,

| — | having regard to the Constitution of Nicaragua, |
| --- | --- |

—

having regard to the Constitution of Nicaragua,

| — | having regard to the statement by the Spokesperson of the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) of 19 November 2016 on the final results of the elections in Nicaragua, |
| --- | --- |

—

having regard to the statement by the Spokesperson of the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) of 19 November 2016 on the final results of the elections in Nicaragua,

| — | having regard to the statements by the Spokesperson of the VP/HR of 22 April 2018 and 15 May 2018 on Nicaragua, |
| --- | --- |

—

having regard to the statements by the Spokesperson of the VP/HR of 22 April 2018 and 15 May 2018 on Nicaragua,

| — | having regard to the press release of the Office of the United Nations High Commissioner for Human Rights (OHCHR) of 27 April 2018 on the human rights situation in Nicaragua, |
| --- | --- |

—

having regard to the press release of the Office of the United Nations High Commissioner for Human Rights (OHCHR) of 27 April 2018 on the human rights situation in Nicaragua,

| — | having regard to the visit of the Inter-American Commission on Human Rights (IACHR) from 17 to 21 May 2018 to investigate the situation in Nicaragua and its preliminary statement of 21 May 2018, |
| --- | --- |

—

having regard to the visit of the Inter-American Commission on Human Rights (IACHR) from 17 to 21 May 2018 to investigate the situation in Nicaragua and its preliminary statement of 21 May 2018,

| — | having regard to the statement by UN Human Rights Office Spokesperson Liz Throssell of 20 April 2018 on the Nicaragua protest violence, |
| --- | --- |

—

having regard to the statement by UN Human Rights Office Spokesperson Liz Throssell of 20 April 2018 on the Nicaragua protest violence,

| — | having regard to the press release of the Organisation of American States (OAS) of 14 May 2018 on the visit to investigate the situation in Nicaragua, |
| --- | --- |

—

having regard to the press release of the Organisation of American States (OAS) of 14 May 2018 on the visit to investigate the situation in Nicaragua,

| — | having regard to the report of the General Secretariat of the OAS of 20 January 2017 on Nicaragua and its statement of 22 April 2018 condemning the violence in Nicaragua, |
| --- | --- |

—

having regard to the report of the General Secretariat of the OAS of 20 January 2017 on Nicaragua and its statement of 22 April 2018 condemning the violence in Nicaragua,

| — | having regard to the communiques issued by the Episcopal Conference of Nicaragua, and in particular the latest, of 23 May 2018, |
| --- | --- |

—

having regard to the communiques issued by the Episcopal Conference of Nicaragua, and in particular the latest, of 23 May 2018,

| — | having regard to Rule 123(2) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 123(2) and (4) of its Rules of Procedure,

| A. | whereas reportedly at least 84 people have been killed, more than 860 injured and over 400 arrested as a result of the peaceful student-led protests that started on 18 April 2018 as opposition to the social security reforms announced by President Daniel Ortega; whereas the majority of victims showed bullet wounds to the head, neck, chest or abdomen, which points strongly to extrajudicial executions; whereas the Nicaraguan authorities have openly stigmatised protestors by calling them ‘vandals’and accusing them of ‘political manipulation’; |
| --- | --- |

A.

whereas reportedly at least 84 people have been killed, more than 860 injured and over 400 arrested as a result of the peaceful student-led protests that started on 18 April 2018 as opposition to the social security reforms announced by President Daniel Ortega; whereas the majority of victims showed bullet wounds to the head, neck, chest or abdomen, which points strongly to extrajudicial executions; whereas the Nicaraguan authorities have openly stigmatised protestors by calling them ‘vandals’and accusing them of ‘political manipulation’;

| B. | whereas on 23 April 2018, Mr Ortega announced the cancellation of the social security reform, but the demonstrations turned into a broader continuing unrest and calls for an interim government and restoration of democratic order; whereas another source of discontent and open conflict is the sharp increase in export-oriented ‘extractivist’activities; |
| --- | --- |

B.

whereas on 23 April 2018, Mr Ortega announced the cancellation of the social security reform, but the demonstrations turned into a broader continuing unrest and calls for an interim government and restoration of democratic order; whereas another source of discontent and open conflict is the sharp increase in export-oriented ‘extractivist’activities;

| C. | whereas on 20 April 2018, 600 students were attacked in the metropolitan Cathedral of Managua by anti-mutiny forces and a group of members of the Sandinista National Liberation Front acting with total impunity and the complicity and consent of the police; whereas the IACHR has documented attacks on four university sites (UCA, UPOLI, UNA and UNAN); |
| --- | --- |

C.

whereas on 20 April 2018, 600 students were attacked in the metropolitan Cathedral of Managua by anti-mutiny forces and a group of members of the Sandinista National Liberation Front acting with total impunity and the complicity and consent of the police; whereas the IACHR has documented attacks on four university sites (UCA, UPOLI, UNA and UNAN);

| D. | whereas the high number of casualties demonstrates the brutal repression used by the state authorities, violating the principles of necessity and proportionality as required under international law and standards setting out limitations to the use of force; whereas the chief of the National Police of Nicaragua, Aminta Granera, has resigned as a result of the excessive use of violence; |
| --- | --- |

D.

whereas the high number of casualties demonstrates the brutal repression used by the state authorities, violating the principles of necessity and proportionality as required under international law and standards setting out limitations to the use of force; whereas the chief of the National Police of Nicaragua, Aminta Granera, has resigned as a result of the excessive use of violence;

| E. | whereas media outlets covering the protests were arbitrarily shut down by the government and journalists who expressed any form of opposition were intimidated and detained; whereas the Nicaraguan authorities’ crackdown on free speech and harassment of opposition leaders has been condemned as an attack on civil liberties; whereas the journalist Angel Gahona was shot dead while presenting a live broadcast; |
| --- | --- |

E.

whereas media outlets covering the protests were arbitrarily shut down by the government and journalists who expressed any form of opposition were intimidated and detained; whereas the Nicaraguan authorities’ crackdown on free speech and harassment of opposition leaders has been condemned as an attack on civil liberties; whereas the journalist Angel Gahona was shot dead while presenting a live broadcast;

| F. | whereas human rights organisations have recorded many claims regarding the lack of assistance and treatment provided to injured demonstrators in public hospitals; |
| --- | --- |

F.

whereas human rights organisations have recorded many claims regarding the lack of assistance and treatment provided to injured demonstrators in public hospitals;

| G. | whereas on 27 April 2018, the President of the National Assembly, Gustavo Porras, announced the creation of a Truth Commission to investigate what happened during the protests; whereas on 6 May 2018, a board of seven lawmakers – five of whom belong to President Ortega’s party – picked the Commission’s five members and the National Assembly ratified their appointment; |
| --- | --- |

G.

whereas on 27 April 2018, the President of the National Assembly, Gustavo Porras, announced the creation of a Truth Commission to investigate what happened during the protests; whereas on 6 May 2018, a board of seven lawmakers – five of whom belong to President Ortega’s party – picked the Commission’s five members and the National Assembly ratified their appointment;

| H. | whereas the IACHR visited Nicaragua from 17 to 21 May 2018; whereas it documented illegal and arbitrary arrests, practices of torture, cruel, inhuman and degrading treatment, censorship and attacks against the press and other forms of intimidation such as threats, harassment and persecution aimed at dissolving the protests and inhibiting citizen participation; |
| --- | --- |

H.

whereas the IACHR visited Nicaragua from 17 to 21 May 2018; whereas it documented illegal and arbitrary arrests, practices of torture, cruel, inhuman and degrading treatment, censorship and attacks against the press and other forms of intimidation such as threats, harassment and persecution aimed at dissolving the protests and inhibiting citizen participation;

| I. | whereas the national dialogue between Mr Ortega and the Nicaraguan opposition and civic groups mediated by the Catholic Church and launched on 16 May 2018 failed to find a solution to the crisis and was suspended, as the government negotiators refused to discuss a 40-point agenda presented by the mediators, which included a road map towards democratic elections, including reforms to the electoral law, bringing forward elections and prohibiting presidential re-election; whereas the creation of a joint committee comprising six people – three from the government and three from the platform ‘Alianza Cívica por la Justicia y la Democracia’– was proposed; |
| --- | --- |

I.

whereas the national dialogue between Mr Ortega and the Nicaraguan opposition and civic groups mediated by the Catholic Church and launched on 16 May 2018 failed to find a solution to the crisis and was suspended, as the government negotiators refused to discuss a 40-point agenda presented by the mediators, which included a road map towards democratic elections, including reforms to the electoral law, bringing forward elections and prohibiting presidential re-election; whereas the creation of a joint committee comprising six people – three from the government and three from the platform ‘Alianza Cívica por la Justicia y la Democracia’– was proposed;

| J. | whereas since 2007, Mr Ortega has been elected to the office of President on three consecutive occasions, despite the fact that the Constitution of Nicaragua prohibited consecutive re-election, demonstrating the corruption and authoritarianism into which the state has descended; whereas the elections in 2011 and 2016 were highly criticised for their irregularities by the EU institutions and the OAS, having been conducted without the presence of observers from either organisation or any other credible international observers; |
| --- | --- |

J.

whereas since 2007, Mr Ortega has been elected to the office of President on three consecutive occasions, despite the fact that the Constitution of Nicaragua prohibited consecutive re-election, demonstrating the corruption and authoritarianism into which the state has descended; whereas the elections in 2011 and 2016 were highly criticised for their irregularities by the EU institutions and the OAS, having been conducted without the presence of observers from either organisation or any other credible international observers;

| K. | whereas public sector corruption, including corruption involving relatives of Mr Ortega, remains one of the biggest challenges; whereas bribery of public officials, unlawful seizures and arbitrary assessments by customs and tax authorities are very common; whereas legitimate concerns about nepotism within the Nicaraguan Government have been expressed; whereas human rights groups have condemned the gradual concentration of power entailed by one-party rule and the weakening of institutions; |
| --- | --- |

K.

whereas public sector corruption, including corruption involving relatives of Mr Ortega, remains one of the biggest challenges; whereas bribery of public officials, unlawful seizures and arbitrary assessments by customs and tax authorities are very common; whereas legitimate concerns about nepotism within the Nicaraguan Government have been expressed; whereas human rights groups have condemned the gradual concentration of power entailed by one-party rule and the weakening of institutions;

| L. | whereas the state of Nicaragua has seen a decline in democracy and the rule of law in the past decade; whereas the development and consolidation of democracy and the rule of law and respect for human rights and fundamental freedoms must form an integral part of the EU’s external policies, including the Association Agreement between the European Union and the countries of Central America of 2012; |
| --- | --- |

L.

whereas the state of Nicaragua has seen a decline in democracy and the rule of law in the past decade; whereas the development and consolidation of democracy and the rule of law and respect for human rights and fundamental freedoms must form an integral part of the EU’s external policies, including the Association Agreement between the European Union and the countries of Central America of 2012;

| 1. | Condemns the brutal repression and intimidation of peaceful protestors in Nicaragua who are opposing the social security reform, resulting in many deaths, disappearances and arbitrary arrests perpetrated by the Nicaraguan authorities, armed forces, police and violent groups supporting the government; reminds all Nicaraguan security forces of their duty to, above all, defend citizens from harm; |
| --- | --- |

1.

| 2. | Expresses its condolences and sympathy to the families of all the victims killed and injured during the demonstrations; |
| --- | --- |

2.

| 3. | Calls on the Nicaraguan authorities to cease all acts of violence against people exercising the right to freedom of expression and the right of assembly; calls also on the demonstrators and civil society organisations leading the protests to refrain from the use of violence while exercising their rights; urges the Nicaraguan authorities to release all arbitrarily detained people, to compensate all affected family members and to provide guarantees that no criminal action will be taken against them; urges the state authorities to refrain from making public statements that stigmatise demonstrators, human rights defenders and journalists and from using state media to conduct public campaigns that may encourage violence; |
| --- | --- |

3.

| 4. | Calls on the Nicaraguan authorities to immediately allow an international, independent and transparent investigation in order to prosecute those responsible for the repression and deaths during the protests; welcomes, in this regard, the IACHR visit to Nicaragua and expresses its concern over the conclusions of the preliminary report; urges the international community to play an active role in holding those responsible to account; |
| --- | --- |

4.

| 5. | Asks the Nicaraguan Government to recognise and reinforce the authority of the committee for monitoring the implementation of the recommendations presented by the IACHR, and to set up a calendar of its new visits; requests the creation of a public registry of attendance in hospitals, as requested by the IACHR; |
| --- | --- |

5.

| 6. | Urges the Nicaraguan authorities to provide all actors in society, including opposition forces, journalists and human rights defenders, including environmental activists and civil society, with sufficient space to operate freely, under international law, in order to set the stage for all opposing sides to discuss the situation in Nicaragua and uphold the human rights situation in the country; recalls that full participation of the opposition, the depolarisation of the judiciary, the end of impunity and the plurality of the media are essential factors in restoring democratic order to the country; |
| --- | --- |

6.

| 7. | Deplores the violation of media freedom in Nicaragua, both before and during the protests; considers the seizure of media outlets by the authorities during the protests to be unacceptable; calls on the government to restore full media freedom and freedom of speech in the country and to put a stop to its harassment of journalists; |
| --- | --- |

7.

| 8. | Takes note of the recent launch of a national dialogue and establishment of a Truth Commission, which must include the participation of independent national actors in all sectors, as well as international actors; regrets the failure of the first round of national dialogue as a result of the restrictions imposed by the Nicaraguan Government and expresses the hope that the recent resumption of the dialogue provides an opportunity to solve the crisis and end the violence; stresses that any dialogue should take place in the absence of violence and repression, with respect for the law and the constitution and the principle that any changes in the law should be made in accordance with the procedures established thereunder; |
| --- | --- |

8.

| 9. | Denounces the illegal steps taken in violation of the judicial system which have led to constitutional changes removing presidential term limits and so allowed the continuous presidency of Mr Ortega, in clear breach of the right to democratic elections; stresses the need for strong democratic institutions, freedom of assembly and political plurality; calls, in this regard, for electoral reform resulting in fair, transparent and credible elections that respect international standards, as the way to resolve the political crisis; |
| --- | --- |

9.

| 10. | Calls on the authorities to fight the rampant corruption within Nicaragua’s political circles, which impairs the functioning of all state institutions and limits foreign investment; calls for the implementation of Nicaragua’s anti-corruption legislation, including that on bribery, abuse of office and facilitation payments; is concerned about the links between President Ortega and other conflicts in the region; calls on the Nicaraguan authorities to sign and ratify the Rome Statute of the International Criminal Court; |
| --- | --- |

10.

| 11. | Points out that, in the light of the Association Agreement between the European Union and the countries of Central America, Nicaragua must be reminded of the need to respect the principles of the rule of law, democracy and human rights, as set out in the agreement’s human rights clause; urges the EU to monitor the situation and, if necessary, assess the potential measures to be taken; warns against the serious political, economic and investment consequences which might follow the breaches of human rights; |
| --- | --- |

11.

| 12. | 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 Organisation of American States, the Euro-Latin American Parliamentary Assembly, the Central American Parliament, the Lima Group, and the Government and Parliament of the Republic of Nicaragua. |
| --- | --- |

12.

---

(1)  OJ C 45 E, 23.2.2010, p. 89.

(2)  OJ C 285 E, 21.10.2010, p. 74.

(3)  Texts adopted, P8_TA(2017)0043.

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| 9.3.2020 | EN | Official Journal of the European Union | C 76/168 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/168

---

P8_TA(2018)0239

Gender equality and women’s empowerment: transforming the lives of girls and women through EU external relations 2016-2020

European Parliament resolution of 31 May 2018 on the implementation of the Joint Staff Working Document (SWD(2015)0182) – Gender Equality and Women’s Empowerment: Transforming the Lives of Girls and Women through EU External Relations 2016-2020 (2017/2012(INI))

(2020/C 76/21)

The European Parliament,

| — | having regard to the United Nations Convention of 18 December 1979 on the Elimination of all forms of Discrimination Against Women (CEDAW), |
| --- | --- |

—

having regard to the United Nations Convention of 18 December 1979 on the Elimination of all forms of Discrimination Against Women (CEDAW),

| — | having regard to the Convention on Action against Trafficking in Human Beings (CETS No 197) and the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No 201), |
| --- | --- |

—

having regard to the Convention on Action against Trafficking in Human Beings (CETS No 197) and the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No 201),

| — | having regard to the Council of Europe Convention of 11 May 2011 on preventing and combating violence against women and domestic violence (Istanbul Convention), |
| --- | --- |

—

having regard to the Council of Europe Convention of 11 May 2011 on preventing and combating violence against women and domestic violence (Istanbul Convention),

| — | having regard to the UN Population Fund (UNFPA) report of 2012 entitled ‘Marrying Too Young – End Child Marriage’, |
| --- | --- |

—

having regard to the UN Population Fund (UNFPA) report of 2012 entitled ‘Marrying Too Young – End Child Marriage’,

| — | having regard to the 1995 Beijing Declaration and Platform of Action from the 4th World Conference, and the outcomes of the review conferences, |
| --- | --- |

—

having regard to the 1995 Beijing Declaration and Platform of Action from the 4th World Conference, and the outcomes of the review conferences,

| — | having regard to the Programme of Action of the International Conference on Population and Development and the outcomes of the review conferences, |
| --- | --- |

—

having regard to the Programme of Action of the International Conference on Population and Development and the outcomes of the review conferences,

| — | having regard to United Nations Security Council resolutions on women, peace and security Nos 1325 (2000), 1820 (2009), 1888 (2009), 1889 (2010), 1960 (2011), 2106 (2013), 2122 (2013) and 2242 (2015), |
| --- | --- |

—

having regard to United Nations Security Council resolutions on women, peace and security Nos 1325 (2000), 1820 (2009), 1888 (2009), 1889 (2010), 1960 (2011), 2106 (2013), 2122 (2013) and 2242 (2015),

| — | having regard to the Addis Ababa Action Agenda of the Third International Conference on Financing for Development of July 2015, |
| --- | --- |

—

having regard to the Addis Ababa Action Agenda of the Third International Conference on Financing for Development of July 2015,

| — | having regard to the 2030 Agenda for Sustainable Development adopted in September 2015 and which entered into force on 1 January 2016, and in particular to Sustainable Development Goals 1, 5, 8 and 10, |
| --- | --- |

—

having regard to the 2030 Agenda for Sustainable Development adopted in September 2015 and which entered into force on 1 January 2016, and in particular to Sustainable Development Goals 1, 5, 8 and 10,

| — | having regard to the EU-UN Spotlight Initiative, |
| --- | --- |

—

having regard to the EU-UN Spotlight Initiative,

| — | having regard to Articles 2 and 3(3) of the Treaty on the European Union, |
| --- | --- |

—

having regard to Articles 2 and 3(3) of the Treaty on the European Union,

| — | having regard to Articles 8 and 208 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 8 and 208 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the EU Gender Action Plan 2010-2015 (GAP I), |
| --- | --- |

—

having regard to the EU Gender Action Plan 2010-2015 (GAP I),

| — | having regard to the European Pact for Gender Equality (2011-2020), adopted by the Council on 7 March 2011, |
| --- | --- |

—

having regard to the European Pact for Gender Equality (2011-2020), adopted by the Council on 7 March 2011,

| — | having regard to the Commission communication of 21 September 2010 entitled ‘Strategy for equality between women and men 2010-2015’ (COM(2010)0491), |
| --- | --- |

—

having regard to the Commission communication of 21 September 2010 entitled ‘Strategy for equality between women and men 2010-2015’ (COM(2010)0491),

| — | having regard to the Joint Communication of 28 April 2015 by the European Commission and the High Representative of the European Union for Foreign Affairs and Security Policy to the European Parliament and the Council, entitled ‘Action Plan on Human Rights and Democracy (2015-2019), Keeping Human Rights at the Heart of the EU Agenda’ (JOIN(2015)0016), |
| --- | --- |

—

having regard to the Joint Communication of 28 April 2015 by the European Commission and the High Representative of the European Union for Foreign Affairs and Security Policy to the European Parliament and the Council, entitled ‘Action Plan on Human Rights and Democracy (2015-2019), Keeping Human Rights at the Heart of the EU Agenda’ (JOIN(2015)0016),

| — | having regard of the Council conclusions on Gender in Development of 26 May 2015, |
| --- | --- |

—

having regard of the Council conclusions on Gender in Development of 26 May 2015,

| — | having regard to the EU Gender Action Plan 2016-2020 (GAP II), adopted by the Council on 26 October 2015, and to the Annual Implementation report 2016 thereof, published on 29 August 2017 by the Commission and the High Representative, |
| --- | --- |

—

having regard to the EU Gender Action Plan 2016-2020 (GAP II), adopted by the Council on 26 October 2015, and to the Annual Implementation report 2016 thereof, published on 29 August 2017 by the Commission and the High Representative,

| — | having regard to the Commission’s Strategic Engagement for Gender Equality 2016-2019 of 3 December 2015, |
| --- | --- |

—

having regard to the Commission’s Strategic Engagement for Gender Equality 2016-2019 of 3 December 2015,

| — | having regard to the EU Global Strategy for the European Union’s Foreign and Security Policy of June 2016, |
| --- | --- |

—

having regard to the EU Global Strategy for the European Union’s Foreign and Security Policy of June 2016,

| — | having regard to Article 208 TFEU establishing the principle of Policy Coherence for Development, requiring that the objectives of development cooperation be taken into account in policies that are likely to affect developing countries, |
| --- | --- |

—

having regard to Article 208 TFEU establishing the principle of Policy Coherence for Development, requiring that the objectives of development cooperation be taken into account in policies that are likely to affect developing countries,

| — | having regard to the new European Consensus on Development, |
| --- | --- |

—

having regard to the new European Consensus on Development,

| — | having regard to its resolution of 8 October 2015 on the renewal of the EU Plan of Action on Gender Equality and Women’s Empowerment in Development (1), |
| --- | --- |

—

having regard to its resolution of 8 October 2015 on the renewal of the EU Plan of Action on Gender Equality and Women’s Empowerment in Development (1),

| — | having regard to its resolution of 14 February 2017 on the Revision of the European Consensus on Development (2), |
| --- | --- |

—

having regard to its resolution of 14 February 2017 on the Revision of the European Consensus on Development (2),

| — | having regard to the European Implementation Assessment of the EU Gender Action Plan 2016-2020, published in October 2017 by the European Parliamentary Research Service, |
| --- | --- |

—

having regard to the European Implementation Assessment of the EU Gender Action Plan 2016-2020, published in October 2017 by the European Parliamentary Research Service,

| — | having regard to the report by COC Nederland on the implementation of the EU LGBTI Guidelines (3), |
| --- | --- |

—

having regard to the report by COC Nederland on the implementation of the EU LGBTI Guidelines (3),

| — | having regard to Rule 52 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure,

| — | having regard to the joint deliberations of the Committee on Development and the Committee on Women’s Rights and Gender Equality under Rule 55 of the Rules of Procedure, |
| --- | --- |

—

having regard to the joint deliberations of the Committee on Development and the Committee on Women’s Rights and Gender Equality under Rule 55 of the Rules of Procedure,

| — | having regard to the report of the Committee on Development and the Committee on Women’s Rights and Gender Equality and the opinion of the Committee on Foreign Affairs (A8-0167/2018), |
| --- | --- |

—

having regard to the report of the Committee on Development and the Committee on Women’s Rights and Gender Equality and the opinion of the Committee on Foreign Affairs (A8-0167/2018),

| A. | whereas the principle of equality between women and men is a core value of the EU and is enshrined in the EU Treaties and the Charter of Fundamental Rights, and gender mainstreaming is thus to be implemented and integrated in all EU activities and policies so as to deliver equality in practice and achieve sustainable development; whereas equality and women’s empowerment form a precondition for achieving post-2015 sustainable development goals, as well as being a self-standing human rights issue that should be pursued independently of its benefits for development and growth; |
| --- | --- |

A.

whereas the principle of equality between women and men is a core value of the EU and is enshrined in the EU Treaties and the Charter of Fundamental Rights, and gender mainstreaming is thus to be implemented and integrated in all EU activities and policies so as to deliver equality in practice and achieve sustainable development; whereas equality and women’s empowerment form a precondition for achieving post-2015 sustainable development goals, as well as being a self-standing human rights issue that should be pursued independently of its benefits for development and growth;

| B. | whereas the fifth Sustainable Development Goal (SDG5) is to achieve gender equality and to empower all women and girls worldwide, and whereas SDG5 must be mainstreamed into the entire 2030 agenda so as to achieve progress across all SDGs and targets; |
| --- | --- |

B.

whereas the fifth Sustainable Development Goal (SDG5) is to achieve gender equality and to empower all women and girls worldwide, and whereas SDG5 must be mainstreamed into the entire 2030 agenda so as to achieve progress across all SDGs and targets;

| C. | whereas no development strategy can be effective unless women and girls play a central role; |
| --- | --- |

C.

whereas no development strategy can be effective unless women and girls play a central role;

| D. | whereas the original Gender Action Plan I (2010-2015) (GAP I) brought some progress, but was also marked by a number of shortcomings: narrow scope, absence of gender-responsive budgeting, weak understanding of the gender equality framework by the EU delegations, lack of commitment on the part of the EU leadership, and lack of institutional architecture and incentives to motivate and adequately support staff; |
| --- | --- |

D.

whereas the original Gender Action Plan I (2010-2015) (GAP I) brought some progress, but was also marked by a number of shortcomings: narrow scope, absence of gender-responsive budgeting, weak understanding of the gender equality framework by the EU delegations, lack of commitment on the part of the EU leadership, and lack of institutional architecture and incentives to motivate and adequately support staff;

| E. | whereas Parliament called in its resolution of 8 October 2015 for these shortcomings to be corrected and for a number of other changes to be adopted, including widening the scope of the GAP and increasing management-level responsibility for gender equality; |
| --- | --- |

E.

whereas Parliament called in its resolution of 8 October 2015 for these shortcomings to be corrected and for a number of other changes to be adopted, including widening the scope of the GAP and increasing management-level responsibility for gender equality;

| F. | whereas 2018 marks the 70th anniversary of the adoption of the Universal Declaration of Human Rights, and whereas the principle of equality forms the core of the human rights vision of the 1945 UN Charter, which states that human rights and fundamental freedoms should apply to all human beings ‘without discrimination on the basis of race, sex, language or religion’; |
| --- | --- |

F.

whereas 2018 marks the 70th anniversary of the adoption of the Universal Declaration of Human Rights, and whereas the principle of equality forms the core of the human rights vision of the 1945 UN Charter, which states that human rights and fundamental freedoms should apply to all human beings ‘without discrimination on the basis of race, sex, language or religion’;

| G. | whereas the new Gender Action Plan II (2016-2020) (GAP II) emerged from Parliament’s recommendations with a focus on shifting EU institutional culture at headquarters and delegation levels in order to create a systemic change in how the EU approaches gender, as well as on transforming women’s and girls’ lives through four pivotal areas; |
| --- | --- |

G.

whereas the new Gender Action Plan II (2016-2020) (GAP II) emerged from Parliament’s recommendations with a focus on shifting EU institutional culture at headquarters and delegation levels in order to create a systemic change in how the EU approaches gender, as well as on transforming women’s and girls’ lives through four pivotal areas;

| H. | whereas the four pivotal areas created within GAP II are: ensuring girls’ and women’s physical and psychological integrity; promoting the economic and social rights and the empowerment of girls and women; strengthening girls’ and women’s voice and participation; and a horizontal pillar consisting of shifting the institutional culture of the Commission services and the EEAS in order to more effectively deliver on the EU’s commitments; |
| --- | --- |

H.

whereas the four pivotal areas created within GAP II are: ensuring girls’ and women’s physical and psychological integrity; promoting the economic and social rights and the empowerment of girls and women; strengthening girls’ and women’s voice and participation; and a horizontal pillar consisting of shifting the institutional culture of the Commission services and the EEAS in order to more effectively deliver on the EU’s commitments;

| I. | whereas in its resolution of 3 October 2017 on addressing shrinking civil society space in developing countries (4), Parliament stresses the high importance of promoting gender equality and women’s empowerment through the EU’s external relations; |
| --- | --- |

I.

whereas in its resolution of 3 October 2017 on addressing shrinking civil society space in developing countries (4), Parliament stresses the high importance of promoting gender equality and women’s empowerment through the EU’s external relations;

| J. | whereas it is difficult to determine the budget allocated to actions pursuing gender equality, as gender mainstreaming is not yet internalised in all budget allocations and spending decisions as part of a gender budgeting methodology; whereas according to the Commission, EU financial commitments to gender equality have increased, but the Commission’s and the EEAS’s human resource capacity to manage this increasing volume of work has not; |
| --- | --- |

J.

whereas it is difficult to determine the budget allocated to actions pursuing gender equality, as gender mainstreaming is not yet internalised in all budget allocations and spending decisions as part of a gender budgeting methodology; whereas according to the Commission, EU financial commitments to gender equality have increased, but the Commission’s and the EEAS’s human resource capacity to manage this increasing volume of work has not;

| K. | whereas women’s participation in economic activities is crucial for sustainable development and economic growth; |
| --- | --- |

K.

whereas women’s participation in economic activities is crucial for sustainable development and economic growth;

| L. | whereas gender equality tends to be absent from programme and project monitoring systems and evaluation processes, and whereas gender analysis is scarcely used to inform country strategy objectives, programmes, projects and dialogue; |
| --- | --- |

L.

whereas gender equality tends to be absent from programme and project monitoring systems and evaluation processes, and whereas gender analysis is scarcely used to inform country strategy objectives, programmes, projects and dialogue;

| M. | whereas one year on from the adoption of GAP II it is too early to undertake a full assessment of its impact; whereas an interval of at least three years of policy intervention or implementation is recommended before an evaluation of an EU action is undertaken; whereas the objective of this resolution is therefore not to debate the objectives of GAP II, but to consider how the stated objectives have been implemented in its first year and to recommend actions to improve implementation in future years; |
| --- | --- |

M.

whereas one year on from the adoption of GAP II it is too early to undertake a full assessment of its impact; whereas an interval of at least three years of policy intervention or implementation is recommended before an evaluation of an EU action is undertaken; whereas the objective of this resolution is therefore not to debate the objectives of GAP II, but to consider how the stated objectives have been implemented in its first year and to recommend actions to improve implementation in future years;

| N. | whereas the Convention on the Rights of the Child (CRC) has been signed by 195 countries, is legally binding, and is an essential instrument to deal with the vulnerability of girls and their need for special protection and care; |
| --- | --- |

N.

whereas the Convention on the Rights of the Child (CRC) has been signed by 195 countries, is legally binding, and is an essential instrument to deal with the vulnerability of girls and their need for special protection and care;

| O. | whereas the reinstatement and extension of the Mexico City Policy or so-called ‘Global Gag’ rule, cutting off US global health assistance from organisations that provide girls and women with family planning and sexual and reproductive health services, is a matter of serious concern; whereas programmes which address HIV/AIDS, maternal and child health, Zika response efforts and other health and disease areas will be affected, as will organisations that provide, counsel for, refer to or advocate for abortion services – even if they are doing so with their own, non-US funds and even if abortion is legal in their country; |
| --- | --- |

O.

whereas the reinstatement and extension of the Mexico City Policy or so-called ‘Global Gag’ rule, cutting off US global health assistance from organisations that provide girls and women with family planning and sexual and reproductive health services, is a matter of serious concern; whereas programmes which address HIV/AIDS, maternal and child health, Zika response efforts and other health and disease areas will be affected, as will organisations that provide, counsel for, refer to or advocate for abortion services – even if they are doing so with their own, non-US funds and even if abortion is legal in their country;

| P. | whereas the EU delegations and missions are on the frontline of implementing GAP II in partner countries, and the leadership and knowledge of delegation and mission heads and staff play a significant role in ensuring the successful implementation of GAP II; whereas there is still a gender barrier impeding women’s access to leadership and management posts in EU delegations; |
| --- | --- |

P.

whereas the EU delegations and missions are on the frontline of implementing GAP II in partner countries, and the leadership and knowledge of delegation and mission heads and staff play a significant role in ensuring the successful implementation of GAP II; whereas there is still a gender barrier impeding women’s access to leadership and management posts in EU delegations;

| Q. | whereas only a third of all EU delegations work on LGBTI human rights; whereas the EU’s LGBTI Guidelines are not being applied uniformly; whereas their implementation depends strongly on the knowledge and interest of individual ambassadors instead of a structural approach; |
| --- | --- |

Q.

whereas only a third of all EU delegations work on LGBTI human rights; whereas the EU’s LGBTI Guidelines are not being applied uniformly; whereas their implementation depends strongly on the knowledge and interest of individual ambassadors instead of a structural approach;

| R. | whereas men and women are affected differently in conflict, post-conflict and fragile situations; whereas women are not only victims but also agents of positive change, who could contribute to conflict prevention and resolution, peacebuilding, peace negotiations and post-conflict reconstruction; whereas women and girls might experience different forms of discrimination and be more exposed to poverty; whereas one in three women in the world is likely to experience physical and sexual violence at some point in her lifetime; whereas 14 million girls are forced into marriage every year; |
| --- | --- |

R.

whereas men and women are affected differently in conflict, post-conflict and fragile situations; whereas women are not only victims but also agents of positive change, who could contribute to conflict prevention and resolution, peacebuilding, peace negotiations and post-conflict reconstruction; whereas women and girls might experience different forms of discrimination and be more exposed to poverty; whereas one in three women in the world is likely to experience physical and sexual violence at some point in her lifetime; whereas 14 million girls are forced into marriage every year;

| 1. | Notes the release in August 2017 of the first annual implementation report for the year 2016, which demonstrates a clear momentum towards the implementation of GAP II; |
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1.

| 2. | Stresses that one year on since the adoption of GAP II, it is still early days, but the general direction of travel is welcome and a number of positive trends have been noted; also notes, however, a number of challenges as regards the reporting and implementation of key priorities and gender-related SDGs and the monitoring of progress on all objectives, as well as in terms of mainstreaming gender into sector policy dialogue; |
| --- | --- |

2.

| 3. | Notes that GAP II has been produced in the form of a Joint Staff Working Document; calls on the Commission to demonstrate its firm commitment by upgrading it into a future communication on gender equality; |
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3.

| 4. | Notes that the use of cutting-edge policy research and robust evidence are critical ways of building knowledge on gender equality and women’s empowerment, in order to develop policies and strategies that strengthen the capacity of the Union to make gender equality a lived reality; asks the EEAS and the Commission, therefore, to pay special attention to their goal of ensuring that an independent evaluation is carried out of the implementation of the measures set out in Annex 1 of GAP II; |
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4.

| 5. | Notes that GAP II provides a comprehensive agenda that spans the entire EU foreign policy agenda, and welcomes in this regard the choice of three thematic pillars, namely ensuring girls’ and women’s physical and psychological integrity, promoting the economic and social rights and the empowerment of girls and women, and strengthening girls’ and women’s voice and participation; stresses that these pillars are intended to tackle the main factors and causes involved in discrimination and marginalisation; also takes note of the horizontal pillar consisting of shifting the institutional culture of the Commission’s services and the EEAS in order to more effectively deliver on the EU’s commitments to gender equality and women’s empowerment through the Union’s external relations; |
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5.

| 6. | Points out that the chief contributory factors and causes leading to discrimination and marginalisation include: sexual and gender-based violence against women and girls, including harmful traditions such as child marriage and FGM; inadequate access to basic sectors and social services, for example health, education, water, sanitation, and nutrition; difficulties in gaining access to sexual and reproductive health; and unequal participation in public and private institutions, as well as in political decision-making and in peace processes; |
| --- | --- |

6.

| 7. | Notes that gender inequality intersects with, and exacerbates, other forms of inequality and that an understanding of that point has to guide the selection of priorities and commitments for action; |
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7.

| 8. | Calls for a greater focus in the implementation of GAP II on girls and women who suffer additional discrimination on account of ethnicity, sexuality, disability, caste, or age, and for data to be broken down accordingly; |
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8.

| 9. | Maintains that greater inclusion of women in the labour market, better support for female entrepreneurship, safeguarding equal opportunities and equal pay for men and women, and promoting work-life balance are key factors for achieving long-term inclusive economic growth, combating inequalities, and encouraging women’s financial independence; |
| --- | --- |

9.

| 10. | Welcomes the strong monitoring and accountability framework established to measure and track progress in GAP II, and acknowledges that its increased ambition provides a real opportunity for the EU to advance equality between women and men, as well as the empowerment of girls and women in the field of external relations; recognises, however, the need for deeper understanding and harmonisation of this framework in order to properly assess the impacts of EU actions; |
| --- | --- |

10.

| 11. | Recognises the importance of strengthening policies and measures promoting education for girls, and its implications in terms of their health and economic empowerment; points out that girls and young women are particularly vulnerable and that specific focus is needed to ensure their access to all levels of education; calls in this regard for the consideration of a range of opportunities in the field of science, technology, engineering and maths (STEM subjects); |
| --- | --- |

11.

| 12. | Points out that greater involvement of both public and private sectors is crucial for advancing women’s rights and their economic empowerment across different economic sectors; emphasises the need for women’s inclusion and representation in emerging economic fields that are important for sustainable development, including ICT; stresses that business has an important role to play in enhancing women’s rights; calls, in this context, for increased support to be given to local SMEs, especially to female entrepreneurs, so as to enable them to gain from private sector-led growth; |
| --- | --- |

12.

| 13. | Stresses the need to empower rural women by improving their access to land, water, education and training, markets and financial services; |
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13.

| 14. | Calls on the EU to promote the increased participation of women in peacekeeping and peacebuilding processes and EU military and civil crisis management missions; |
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14.

Achievements of GAP II

| 15. | Welcomes the expansion of the gender action plan to all EU external services and to the Member States, and notes the progress in shifting EU institutional culture at headquarters and delegation levels, which is key to strengthening the effectiveness of EU initiatives and their impact on gender equality; also welcomes the compulsory requirement introduced by GAP II for all EU actors to report annually on the progress delivered in at least one thematic area; reiterates, however, the need for strengthened leadership and for continued improvements in coherence and coordination among EU institutions and Member States while using the existing structures and budget; |
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15.

| 16. | Welcomes the fact that the Commission’s services and the EEAS, as well as 81 % of EU delegations and 22 Member States, submitted gender reports for 2016; while aware that there might be exceptional circumstances explaining delegations not reporting, expects the delegations and the Member States to step up their efforts, and wishes to see continued progress year on year towards all reports being submitted; notes that there are still significant disparities between Member States; recalls that full compliance in GAP reporting and implementation will be key to attaining the GAP II target of mainstreaming gender actions across 85 % of all new initiatives by 2020; |
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16.

| 17. | Welcomes the practical steps towards a culture shift and the introduction of a mandatory gender analysis for all new external actions undertaken, thus placing the overall responsibility for reporting on the GAP with the heads of the EU delegations (EUDs), as well as the increased number of high-level staff involved in the implementation of the GAP II and the appointment of an increasing number of gender champions and gender focal points in the EUDs, although as things stand there is a gender focal point in only half of the EUDs; calls for more management-level time to be dedicated to gender issues and for those delegations which have still not done so to create their gender focal points; stresses that all gender focal points should be given sufficient time and capacity to carry out their tasks; |
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17.

| 18. | Regrets that, according to an EEAS report of November 2016, only a few EU CSDP missions provide training on sexual or gender-based harassment, and notes that in 2015 no cases of sexual or gender-based harassment, abuse or violence were reported by CSDP missions; stresses the importance of applying a zero-tolerance policy regarding cases of sexual or gender-based harassment and of supporting institutional structures focused on preventing sexual or gender-based violence; calls on the EEAS and the Member States to support all efforts to combat sexual or gender-based violence in international peacekeeping operations and to ensure that whistle-blowers and victims are effectively protected; |
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18.

| 19. | Welcomes the increased number of actions with a gender equality focus (G1 and G2 markers), and the requirement for delegations to justify projects having no such focus; underscores that overall increases in such projects should not come at the expense of specific gender-targeted projects (G2 marker), recommends, therefore, a specific target for G2 projects; notes that it is unclear how targeted (G2) and mainstreamed actions (G1) should complement each other; calls for further efforts to clarify gender mainstreaming and to increase targeted actions; |
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19.

| 20. | Notes that only a few recurrent components of gender equality are applied in programming and project selection; calls on implementing actors to use the whole range of gender equality areas; |
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20.

| 21. | Condemns all forms of violence against women and girls, and all forms of gender-based violence, including trafficking in human beings, sexual exploitation, forced marriage, honour crimes, FGM and the use of sexual violence as a weapon of war; calls on the EU and all Member States to ratify the Istanbul Convention, as the first legally binding international instrument seeking to prevent and combat violence against women; |
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21.

| 22. | Regrets that women who have experienced or are experiencing violence are unequally supported against male violence, in terms of information on, access to and provision of shelters, support services and rights, helplines, rape crisis centres, etc.; emphasises that the Istanbul Convention should place its core focus on male violence against women, while also addressing all gender-based violence by tackling violence motivated by the intersection of various grounds, including sexual orientation, gender identity and gender expression; underlines the importance of strategic measures to proactively combat gender stereotypes and counter patterns of patriarchy, racism, sexism, homophobia and transphobia, as well as gender normativity and heteronormativity; |
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22.

| 23. | Strongly regrets that current programming appears to sideline the gender dimension in situations of crisis or difficult conflicts, which, among other outcomes, has meant that girls and women who are victims of war rape do not have access to non-discriminatory care, and specifically to comprehensive medical care; calls on the Commission to systematically implement GAP II in humanitarian settings where it must provide non-discriminatory access to medical services, and to actively inform its humanitarian partners that the Commission’s policy foresees that, in cases where pregnancy threatens a woman’s or a girl’s life or causes suffering, international humanitarian law may justify offering a safe abortion; urges that the provision of humanitarian aid by the EU and the Member States should not be subject to restrictions imposed by other partner donors regarding necessary medical treatment, including access to safe abortion for women and girls who are victims of rape in armed conflicts; welcomes the fact that many EUDs have focused on combating violence against women; insists in this context on the need to ensure the protection of the right to life and dignity of all women and girls by actively combating harmful practices such as gendercide; highlights that the use of rape as a weapon of war and oppression must be eliminated, and that the EU must bring pressure to bear on third-country governments and all stakeholders implicated in regions where such gender-based violence takes place, in order to bring the practice to an end, bring perpetrators to justice and work with survivors, affected women and communities to help them heal and recover; |
| --- | --- |

23.

| 24. | Emphasises that universal respect for and access to sexual and reproductive health and rights (SRHR) contributes to the achievement of all the health-related SDGs, such as prenatal care and measures to avoid high-risk births and reduce infant and child mortality; points out that access to family planning, maternal health services and safe and legal abortion services are important elements for saving women’s lives; regrets, however, that priorities related to family planning or reproductive health are neglected in terms of both funding and programmes; is concerned that that no EUDs in the Middle East and North Africa or the Europe and Central Asia regions chose any SRHR-related indicator despite the important needs regarding SRHR in those regions; calls on EUDs in those regions to re-evaluate these worrying figures to determine whether they may be linked to misreporting or if there is a need to complement current programmes with targeted actions on SRHR, taking advantage of the mid-term review of the programming; underlines that the dedicated chapter on SRHR must be retained in the annual report so as to ensure that the transformative impact of GAP II is properly assessed and that progress on SRHR is appropriately captured by the methodological approach of the report; |
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24.

| 25. | Notes that the report shows the need for stronger action on SRHR as a precondition for gender equality and women’s empowerment, as well as the need for appropriate tools to measure progress with regard to ensuring universal access to SRHR, as agreed in accordance with the EU’s commitment to the Programme of Action of the International Conference on Population and Development (ICPD) and the Beijing Platform for Action and the outcome documents of their review conferences, as per SDG 5.6; also recalls, in this regard, SDGs 3.7 and 5.3; |
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25.

| 26. | Regrets that in a context of shrinking civil society space, Objective 18 focusing on women’s rights organisations and defenders of women’s human rights is receiving little attention; is concerned that the thematic priority relating to political and civil rights, and specifically the participation of women and girls in political and civil rights, has not been emphasised in GAP II implementation; |
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26.

Key recommendations for the Commission/EEAS

| 27. | Calls on the Commission and the EEAS to take further steps to facilitate exchange of best practice in improving gender equality and gender mainstreaming between delegations and units, such as establishing and promoting a network of gender focal points and sharing more positive examples of successful practice, including but not limited to programme formulation, implementation and systemic gender analysis, and to ensure that the gender analyses effectively impact the programmes implemented by the EUDs; |
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27.

| 28. | Points out that significant progress has been made in different priority areas, but with some recording slower advancement than might have been expected; calls on the Commission to examine through a study the reasons why certain thematic objectives and priority areas are more often taken into consideration by the EU delegations, with greater progress being achieved; |
| --- | --- |

28.

| 29. | Calls for the strengthening of the human resource capacity dedicated to gender mainstreaming within the Commission’s services, through tailored training and reorganisation of existing structures and by taking on additional staff; suggests that enhanced staff training, aimed especially at senior officials in management roles and including specific training on gender issues within more vulnerable groups as well as a gender focal point per unit and a gender coordination group across units in DG DEVCO, DG NEAR, DG ECHO and the EEAS would better help to mainstream gender across the external policy units; considers that improvements and further specialisation in training on gender equality issues should also be made available to local partners at government level and among non-state actors, including NGOs; |
| --- | --- |

29.

| 30. | Stresses the need to ensure coherence and complementarity among all existing EU external instruments and policies in their relation to gender mainstreaming, including the new Consensus on Development, the EU resource package on gender mainstreaming in development cooperation, and the EU Action Plan on Human Rights and Democracy; |
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30.

| 31. | Welcomes the guidance note of 8 March 2016 that outlines the resources and tools for the implementation of GAP II applying to DG DEVCO and the EEAS, and calls for the provision of a guidance note for all the European services involved in the implementation of GAP II; |
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31.

| 32. | Welcomes the launching of the joint EU-UN global gender initiative (‘Spotlight Initiative’), in line with the objective of GAP II of addressing sexual and gender-based violence and harmful practices such as FGM, early forced marriage, or human trafficking; notes, however, that the Spotlight Initiative addresses mainly elements of the agenda which are already shared concerns globally, as proven by the implementation report, and therefore underlines the need to advance gender equality in a more comprehensive way, through an adequate mix of programmes and modalities; calls for the Spotlight Initiative to be resourced with additional funds not already earmarked to gender equality; calls the Commission to use the mid-term review of its international cooperation programmes for increasing funding of the Gender Resource Package in order to realise the ambitious goals of GAP II, including streamlining gender into bilateral cooperation and through thematic programmes; |
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32.

| 33. | Stresses that the principle of equality between women and men must be promoted and mainstreamed by the EU in its external relations; notes, however, that the link between trade and gender is not sufficiently addressed in GAP II, and more generally that gender mainstreaming remains a multidimensional challenge; recalls, in this respect, that the negotiation of trade agreements, and especially of Trade and Sustainable Development chapters which cover labour rights, represents an important tool for advancing equality between women and men, and empowering women in third countries; calls, therefore, on DG TRADE to take steps to implement GAP II in its work and for all EU trade agreements to include girls’ and women’s rights and gender equality, as drivers of economic growth, and to respect the ILO core conventions on gender and labour rights, including on forced and child labour; recalls the need to monitor the impact of EU trade policies on women’s empowerment and gender equality during their implementation; |
| --- | --- |

33.

| 34. | Notes that the empowerment of girls and women is one of the stated goals of EU external action through the Global Strategy for Common Foreign and Security Policy; notes that the role of women in peace negotiations and mediation as taken into consideration in GAP II is not sufficient; highlights the important role of women in promoting dialogue and building trust, building coalitions for peace and bringing different perspectives on what peace and security mean, in particular in conflict prevention and resolution and post-conflict reconstruction; notes that the promotion of women’s rights in crisis or conflict-ridden countries fosters stronger and more resilient communities; welcomes the designation within the EEAS of a Principal Advisor on Gender and on the Implementation of UN Security Council Resolution 1325 on Women, Peace and Security; encourages the strengthening of EU Member State and international action through the UN in order to more effectively address the impact of conflict and post-conflict situations on women and girls; calls on the Commission to support the new global Women, Peace and Security Focal Points Network; notes the importance of UN Security Council Resolution 2250 on Youth, Peace and Security, and the importance of finding the best possible ways for the EU to implement this resolution; |
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34.

| 35. | Recalls its request, in respect of trade negotiations with Chile, for the inclusion of a specific chapter on trade, gender equality and the empowerment of women; emphasises that the proposal to include such a dedicated chapter in a trade agreement is now becoming reality for the first time; stresses the need to be informed of the content of this chapter and to evaluate it with a view to subsequently taking decisions at a more general level; urges the EU to introduce cross-cutting measures in trade agreements in order to promote gender equality, exchange best practices and enable women to derive greater benefit from trade agreements; |
| --- | --- |

35.

| 36. | Calls for sex-disaggregated data to be gathered in the key sectors most affected by trade agreements, in order to provide a useful tool for predicting as accurately as possible how women’s lives might be affected and counteracting any adverse impacts; also calls for a mechanism to be set up expressly for the purpose of monitoring and strengthening gender policy under trade agreements; |
| --- | --- |

36.

| 37. | Welcomes the thematic priority of economic and social empowerment and the analysis of barriers in accessing productive resources, including land, and the corresponding activities; reiterates that while the EU has committed to investing in gender equality in agriculture, women farmers are not primary targets of agricultural official development assistance (ODA), and calls on the EU and the Member States to allocate more resources to women farmers, in line with Objective 5 of GAP II; |
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37.

| 38. | Strongly encourages the institutions to substantially improve the proportion of women in terms of assignment to, and particularly headship of, EUDs, there currently being 28 women delegation heads out of 138, as well as that of women heads of mission (there are now 5 out of 17); calls, therefore, on the Commission and the EEAS to efficiently implement targeted policies to facilitate women’s access to leadership and managerial posts; points out the low presence of women in decision-making, which indicates the existence of invisible barriers preventing them from occupying positions of greater responsibility; |
| --- | --- |

38.

| 39. | Stresses that the success of GAP II will ultimately depend on the long-term and consistent engagement of high-level political and senior across all EU actors, as well as on the availability of sufficient human and financial resources for its implementation and on adapting EU efforts to local realities in the recipient countries; welcomes, in this regard, the positive engagement from the Commissioner responsible for international cooperation and development and encourages more commitment from other Commissioners; notes that more political leadership from the High Representative and managers is needed to increase resources and accountability and to coordinate and strengthen this engagement in the coming years; calls for all EU actors to make use of the Gender Resource Package in order to ensure that gender mainstreaming is consistently applied so as to realise the ambitious goals of GAP II; |
| --- | --- |

39.

| 40. | Strongly condemns the reinstatement and expansion of the Mexico City Policy (the so-called ‘Global Gag Rule’) by the US in January 2017 and its impact on women’s and girls’ global healthcare and rights; reiterates its call on the EU and its Member States to proactively support women’s rights worldwide and to significantly increase both national and EU development funding for sexual and reproductive health and rights, in particular for access to family planning and safe and legal abortion without discrimination, with a view to reducing the financing gap left by the US in this area; |
| --- | --- |

40.

| 41. | Calls on the EEAS to improve the implementation of the EU LGBTI Guidelines and to ensure that EUDs consult regularly with LGBTI organisations and inform them on what is being done on LGBTI rights, so as to ensure that the level of engagement and the actions taken depend on the needs of the LGBTI community in a country and not on the personal commitment of delegation staff, and to coordinate strategy and action not only with national embassies of EU Member States, but also with embassies of third countries and with international organisations such as the UN; |
| --- | --- |

41.

| 42. | Notes that adequate funding for gender equality in external relations will be necessary to sustain political commitment to this goal; stresses that current funding for gender equality and women’s empowerment actions remains inadequate and urges that this situation be reversed in the next MFF; |
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42.

Key recommendations for EU delegations

| 43. | Welcomes the flexibility GAP II gives delegations to choose priorities according to their country context, since this allows a case-by-case analysis and assessment of the specific needs of each country or region, thus addressing the particular challenge of enhancing women’s rights and their economic empowerment; recommends, nonetheless, that delegations should be encouraged to have shown progress on at least one priority per thematic pillar by the end of GAP II, so as to ensure a more even coverage of the different thematic areas, such as strengthening policies and measures promoting education for girls and their implications in terms of health and economic empowerment; urges focusing on the situation of women and girls in conflict-affected areas as well as on gender-based violence and most particularly on the use of rape as a weapon of war; further recalls that EU-funded actions and projects should systematically aim to tackle gender inequalities and discrimination; |
| --- | --- |

43.

| 44. | Recalls the obligation under the Treaties to apply gender mainstreaming in all EU activities, including political dialogues and across all sectorial policy dialogues and in areas such as energy, agriculture, transport, education, and public administration which have so far received less attention; insists that gender mainstreaming should be integrated in national plans and policy frameworks in order to ensure the ownership and responsibility of partner countries, thus recalling the importance of supporting development projects promoted by women from the countries in question; points to the importance of working with partner countries on gender-sensitive national budgeting; |
| --- | --- |

44.

| 45. | Calls for a dedicated budget line on gender equality to be established in order to address in a more prominent way the level of political participation and representation of women, in the EU’s neighbouring countries and within the EU; stresses that these programmes should be fully integrated with the targets and programmes of UN Women and should set measurable targets to regularly track progress on gender equality in the Eastern and Southern Neighbourhood, strengthen cooperation and engage more with the governments of partner countries, with a view to achieving better results more rapidly, in the context of bilateral partnership and association agreements; |
| --- | --- |

45.

| 46. | Notes that gender mainstreaming training is taking place only in some delegations and that a large proportion of the staff trained had contractual status with temporary assignments; calls on the EUDs to fix this situation; |
| --- | --- |

46.

| 47. | Stresses the importance, during political dialogue, of improving women’s participation in education, economic activities, employment and business as a priority means of improving women’s position in society; |
| --- | --- |

47.

| 48. | Underlines the importance of conducting systematic and evidence-based gender analysis, using, where possible, data disaggregated for sex and age, in consultation and with the participation of local civil society organisations (CSOs) and women’s groups, human rights organisations and local and regional authorities for the selection and assessment of the choice of objectives, the means of implementation and monitoring sources, and the efficacy and sustainability of the outcomes; welcomes the fact that 42 country gender analyses have been completed, encourages rapid completion for all other countries and a far greater use of gender equality criteria in programme and project monitoring systems and evaluation processes, and calls for gender analysis to play a role in defining country strategy objectives, programmes, projects and dialogue; encourages the EU to explore possibilities for sharing, managing and updating gender analysis in a more systematic manner in order to help improve coordination and not limit gender analysis to obvious policy fields like education and maternal health, but to consider as well policy fields which are currently wrongly considered to be gender- neutral, notably agriculture, climate and energy; |
| --- | --- |

48.

| 49. | Notes that the Commission, in its Joint Staff Working Document on the 2016-2020 framework, has recognised that the EU’s financial investment in gender equality has not been systematically measured; calls on the Commission to adopt a clear results-driven approach that sets high standards for reporting, evaluation and accountability mechanisms, and to promote evidence-based decision-making in order to use the available financial resources more efficiently and effectively; requests a report to determine exactly how much funding has been specifically committed to gender mainstreaming and identify the most noteworthy goals achieved; |
| --- | --- |

49.

| 50. | Stresses the need to further improve data collection at national level and develop specific indicators with targets based on those indicators, as well as the importance of their monitoring being aligned with the SDG framework; |
| --- | --- |

50.

| 51. | Recalls that women’s rights are human rights, and encourages further work with regard to addressing social and cultural norms and gender stereotypes in societies through greater cooperation with civil society and grassroots organisations advocating women’s rights and empowerment, in particular in contexts of state fragility and conflict and emergency situations; believes that creating new networks or developing existing ones and involving all key actors, including the private sector, is essential, as well as the development of public-private partnerships, if possible; stresses the need for a growing role of women in local communities and NGOs in monitoring and holding local authorities accountable; maintains that rather than representing women and girls as ‘vulnerable’, emphasis should be laid on their role as agents of change and development and as agents for peace in conflict resolution; stresses that the inclusion and active involvement of boys and men are necessary to ensure real equality between women and men; encourages, therefore, a broad-based education for behavioural change regarding gender-based violence, engaging all men and boys and communities; stresses that social norms with regard to women’s and men’s roles place women in a situation of greater vulnerability, particularly in relation to their sexual and reproductive health, and lead to harmful practices such as FGM or child, early and forced marriages; |
| --- | --- |

51.

| 52. | Calls on the EU to promote legal frameworks and strategies that encourage a greater and more effective participation of women in peacekeeping, peace-building and mediation processes and EU military and civil crisis management missions, in accordance with UN Security Council resolution 1325 on Women and Peace and Security, with a particular focus on conflict-related sexual violence; to this end, considers that gender-sensitive conflict analysis, in consultation with community-based actors and women’s organisations, may allow a better understanding of the role of women in conflict; |
| --- | --- |

52.

| 53. | Stresses the need for budgetary allocations for child marriage prevention programmes that aim to create an environment where girls can achieve their full potential, including by means of education, social and economic programmes for out-of-school girls, child protection schemes, girls’ and women’s shelters, legal counselling and psychological support; |
| --- | --- |

53.

| 54. | Stresses the importance of increasing the involvement, by regular dialogue and coordination, of CSOs and other stakeholders such as human rights, health, or environmental actors, with EUDs, as such cooperation will contribute to improving the visibility and implementation of GAP II, thereby increasing public accountability as regards progress on gender equality; |
| --- | --- |

54.

| 55. | Is concerned that insufficient attention is being paid to the protection of women’s rights defenders and women’s rights organisations, considering that they are currently under huge pressure due to the shrinking civic space in many regions; is equally concerned that the thematic priority of political and civil rights, and specifically the participation of women and girls in political and civil rights, has not been emphasised in GAP II implementation; |
| --- | --- |

55.

| 56. | Calls on the EUDs to ensure effective and regular data collection on violence against women and girls, to draw up country-specific recommendations, and to promote the establishment of protective mechanisms and adequate support structures for victims; |
| --- | --- |

56.

Key recommendations for the European Parliament

| 57. | Encourages Parliament’s delegations, in their work with their partner countries, to systematically enquire about gender programming, the results of gender analysis, and work on promoting gender equality as well as women’s empowerment, and to include meetings with women’s organisations in their mission programmes; calls on Parliament to ensure a better gender balance in the membership of its delegations; |
| --- | --- |

57.

| 58. | Calls for country gender analysis reports to be made available by the Commission and included in the background briefings for all delegations of Parliament to third countries; |
| --- | --- |

58.

| 59. | Recommends that Parliament should periodically examine future GAP II implementation reports, possibly every two years; |
| --- | --- |

59.

Key recommendations for future reporting

| 60. | Underlines the need for a simplified method of reporting which keeps bureaucracy to a minimum; calls for future implementation reports to be finalised and released within a shorter timeframe; calls for the development of on-line reporting, clear templates and the issuing of a guidebook to facilitate the work of the delegations; |
| --- | --- |

60.

| 61. | Emphasises the need for women’s inclusion and representation in economic fields that are important for sustainable development; stresses that business has an important role to play in enhancing women’s rights; calls, in this context, for increased support to be given to local SMEs, especially to female entrepreneurs, via micro-loans, so as to enable them to gain from private sector-led growth; |
| --- | --- |

61.

| 62. | Stresses the need to support the strengthening of national statistical capacities and mechanisms in partner countries, effectively coordinating financial and technical assistance in order to allow better measurement, monitoring and management of the results obtained in the field of gender mainstreaming; |
| --- | --- |

62.

| 63. | Calls on the Commission to collect gender-disaggregated data in the implementation of EU-financed programmes on women’s empowerment; |
| --- | --- |

63.

| 64. | Points to the need not just for sound gender mainstreaming policies, but also for reports on specific practical actions – particularly in sensitive areas such as sexual and reproductive health – with which to gauge the real impact on the lives of women and girls, and of men and boys as well; |
| --- | --- |

64.

| 65. | Recalls, however, that gendering data is more than collecting gender-disaggregated data, and calls for the improvement of data collection in order to enable a qualitative analysis of women’s situation, for example regarding working conditions; |
| --- | --- |

65.

| 66. | Stresses the need to improve the reliability of gender analysis by harmonising the data collected by EU delegations in such a way as to make it comparable; |
| --- | --- |

66.

| 67. | Points out that it is necessary not only to consult international and national partners, academia, think-tanks and women’s organisations, but also to ensure that their input and expertise can feed into the monitoring of EU-financed activities and programmes on gender equality; |
| --- | --- |

67.

| 68. | Recalls that it is the obligation of the EU and its Member States to respect the rights of girls and women as migrants, refugees and asylum seekers when implementing and developing EU migration policy; calls, in this context, for the reassessment of the engagement of the EUNAVFOR MED Operation Sophia with the Libyan coastguards, in view of the reports of systematic sexual violence against women in the detention centres on Libyan soil; |
| --- | --- |

68.

| 69. | Notes that the concept of gender mainstreaming is still often poorly understood, and that there is a need for better qualitative reporting which would allow evaluation of the implementation of GAP within existing policies and projects; points to the need for tangible goals and activities linked to clear, specific reference points and a strict schedule, and for qualitative assessment of data showing the real impact that measures implemented have had on recipient countries, the object being to ensure that GAP II serves as a genuine prioritising and policy implementation mechanism, as opposed to a mere in-house reporting tool; |
| --- | --- |

69.

o

o o

| 70. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

70.

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(1)  OJ C 349, 17.10.2017, p. 50.

(2)  Texts adopted, P8_TA(2017)0026.

(3)  https://www.ilga-europe.org/sites/default/files/Attachments/report_on_the_implementation_of_the_eu_lgbti_guidelines_2016.pdf

(4)  Texts adopted, P8_TA(2017)0365.

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| 9.3.2020 | EN | Official Journal of the European Union | C 76/180 |
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9.3.2020

EN

Official Journal of the European Union

C 76/180

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P8_TA(2018)0240

Implementation of the EU Youth Strategy

European Parliament resolution of 31 May 2018 on the implementation of the EU Youth Strategy (2017/2259(INI))

(2020/C 76/22)

The European Parliament,

| — | having regard to Articles 9, 165 and 166 of the Treaty on the Functioning of the European Union (TFEU), |
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having regard to Articles 9, 165 and 166 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 14, 15, 21, 24 and 32 thereof, |
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having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 14, 15, 21, 24 and 32 thereof,

| — | having regard to the UN Convention on the Rights of Persons with Disabilities, ratified by the EU in 2010, |
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having regard to the UN Convention on the Rights of Persons with Disabilities, ratified by the EU in 2010,

| — | having regard to Regulation (EU) No 1288/2013 of the European Parliament and of the Council of 11 December 2013 establishing ‘Erasmus+’: the Union programme for education, training, youth and sport and repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No 1298/2008/EC (1), |
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having regard to Regulation (EU) No 1288/2013 of the European Parliament and of the Council of 11 December 2013 establishing ‘Erasmus+’: the Union programme for education, training, youth and sport and repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No 1298/2008/EC (1),

| — | having regard to the Council resolution on a European Union Work Plan for Youth for 2016-2018 (2), |
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having regard to the Council resolution on a European Union Work Plan for Youth for 2016-2018 (2),

| — | having regard to the Council recommendation of 22 April 2013 on establishing a Youth Guarantee (3), |
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having regard to the Council recommendation of 22 April 2013 on establishing a Youth Guarantee (3),

| — | having regard to the Council conclusions of 7-8 February 2013 to create a Youth Employment Initiative (4), |
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having regard to the Council conclusions of 7-8 February 2013 to create a Youth Employment Initiative (4),

| — | having regard to the Council resolution of 27 November 2009 on a renewed framework for European cooperation in the youth field (2010-2018) (5), |
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having regard to the Council resolution of 27 November 2009 on a renewed framework for European cooperation in the youth field (2010-2018) (5),

| — | having regard to the Commission evaluation of the EU Youth Strategy (6), |
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having regard to the Commission evaluation of the EU Youth Strategy (6),

| — | having regard to the Council conclusions of 12 May 2009 on a strategic framework for European cooperation in education and training (‘ET 2020’) (7), |
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having regard to the Council conclusions of 12 May 2009 on a strategic framework for European cooperation in education and training (‘ET 2020’) (7),

| — | having regard to its resolution on of 14 September 2017 on the future of the Erasmus+ programme (8), |
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having regard to its resolution on of 14 September 2017 on the future of the Erasmus+ programme (8),

| — | having regard to its resolution of 2 February 2017 on the implementation of Regulation (EU) No 1288/2013 of the European Parliament and of the Council of 11 December 2013 establishing ‘Erasmus+’: the Union programme for education, training, youth and sport and repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No 1298/2008/EC (9), |
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having regard to its resolution of 2 February 2017 on the implementation of Regulation (EU) No 1288/2013 of the European Parliament and of the Council of 11 December 2013 establishing ‘Erasmus+’: the Union programme for education, training, youth and sport and repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No 1298/2008/EC (9),

| — | having regard to the Paris Declaration on promoting citizenship and the common values of freedom, tolerance and non-discrimination through education, adopted at the informal meeting of EU education ministers in Paris on 17 March 2015, |
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having regard to the Paris Declaration on promoting citizenship and the common values of freedom, tolerance and non-discrimination through education, adopted at the informal meeting of EU education ministers in Paris on 17 March 2015,

| — | having regard to the 2015 Joint Report of the Council and the Commission on the implementation of the renewed framework for European cooperation in the youth field (2010-2018), adopted by the Council on 23 November 2015 (10), |
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having regard to the 2015 Joint Report of the Council and the Commission on the implementation of the renewed framework for European cooperation in the youth field (2010-2018), adopted by the Council on 23 November 2015 (10),

| — | having regard to the Council recommendation of 20 December 2012 on the validation of non-formal and informal learning (11), |
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having regard to the Council recommendation of 20 December 2012 on the validation of non-formal and informal learning (11),

| — | having regard to the Commission communication of 26 August 2015 entitled ‘Draft 2015 Joint Report of the Council and the Commission on the implementation of the strategic framework for European cooperation in education and training (ET2020) – New priorities for European cooperation in education and training’ (COM(2015)0408), |
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having regard to the Commission communication of 26 August 2015 entitled ‘Draft 2015 Joint Report of the Council and the Commission on the implementation of the strategic framework for European cooperation in education and training (ET2020) – New priorities for European cooperation in education and training’ (COM(2015)0408),

| — | having regard to the Commission communication of 3 March 2010 entitled ‘EU 2020: a European strategy for smart, sustainable and inclusive growth’ (COM(2010)2020), |
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having regard to the Commission communication of 3 March 2010 entitled ‘EU 2020: a European strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

| — | having regard to the Commission communication of 17 January 2018 entitled ’Digital Education Action Plan’ (COM(2018)0022), |
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having regard to the Commission communication of 17 January 2018 entitled ’Digital Education Action Plan’ (COM(2018)0022),

| — | having regard to its resolution of 27 October 2016 on the assessment of the EU Youth Strategy 2013-2015 (12), |
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having regard to its resolution of 27 October 2016 on the assessment of the EU Youth Strategy 2013-2015 (12),

| — | having regard to the Council recommendation of 10 March 2014 on a Quality Framework for Traineeships (13), |
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having regard to the Council recommendation of 10 March 2014 on a Quality Framework for Traineeships (13),

| — | having regard to the United Nations Convention on the Rights of the Child, |
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having regard to the United Nations Convention on the Rights of the Child,

| — | having regard to the Council of Europe resolution of 25 November 2008 on the youth policy of the Council of Europe (CM/Res(2008)23), |
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having regard to the Council of Europe resolution of 25 November 2008 on the youth policy of the Council of Europe (CM/Res(2008)23),

| — | having regard to the Council of Europe recommendation of 31 May 2017 on youth work (CM/Rec(2017)4), |
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having regard to the Council of Europe recommendation of 31 May 2017 on youth work (CM/Rec(2017)4),

| — | having regard to its resolution of 12 April 2016 on Learning EU at school (14), |
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having regard to its resolution of 12 April 2016 on Learning EU at school (14),

| — | having regard to its resolution of 8 September 2015 on promoting youth entrepreneurship through education and training (15), |
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having regard to its resolution of 8 September 2015 on promoting youth entrepreneurship through education and training (15),

| — | having regard to the opinion of the European Committee of the Regions — European cooperation in the youth field (2010-2018) (16), |
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having regard to the opinion of the European Committee of the Regions — European cooperation in the youth field (2010-2018) (16),

| — | having regard to its resolution of 19 January 2016 on the role of intercultural dialogue, cultural diversity and education in promoting EU fundamental values (17), |
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having regard to its resolution of 19 January 2016 on the role of intercultural dialogue, cultural diversity and education in promoting EU fundamental values (17),

| — | having regard to the Shadow Report on Youth Policy published by the European Youth Forum, |
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having regard to the Shadow Report on Youth Policy published by the European Youth Forum,

| — | having regard to the resolution of the European Youth Forum on the EU Youth Strategy (18), |
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having regard to the resolution of the European Youth Forum on the EU Youth Strategy (18),

| — | having regard to the position paper entitled ‘Engage. Inform. Empower’ of the European Youth Information and Counselling Agency (ERYICA), |
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having regard to the position paper entitled ‘Engage. Inform. Empower’ of the European Youth Information and Counselling Agency (ERYICA),

| — | having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports, |
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having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

| — | having regard to the report of the Committee on Culture and Education and the opinion of the Committee on Employment and Social Affairs (A8-0162/2018), |
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having regard to the report of the Committee on Culture and Education and the opinion of the Committee on Employment and Social Affairs (A8-0162/2018),

| A. | whereas the negative impact of the recession on young people’s prospects for developing their full potential continue to be felt across the European Union; |
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A.

whereas the negative impact of the recession on young people’s prospects for developing their full potential continue to be felt across the European Union;

| B. | whereas many Member States, particularly those in Southern Europe, remain some way from achieving their pre-crisis levels on a number of youth indicators, such as employment, welfare and social protection; |
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B.

whereas many Member States, particularly those in Southern Europe, remain some way from achieving their pre-crisis levels on a number of youth indicators, such as employment, welfare and social protection;

| C. | whereas narrowing disparities are evident at regional level across the EU; whereas many regions still have employment rates below their pre-crisis levels; |
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C.

whereas narrowing disparities are evident at regional level across the EU; whereas many regions still have employment rates below their pre-crisis levels;

| D. | whereas youth unemployment has been gradually decreasing in recent years, although, according to Eurostat, it stood at 16,1 % in January 2018, even exceeding 34 % in some Member States; whereas if we compare the figures from 2008 (15,6 %) we can see that the rate has increased; whereas these figures prevent a one-size-fits-all solution if we are to realise young people’s full potential; whereas there are worryingly high rates of youth unemployment in the outermost regions, with some of those regions registering rates of over 50 %, as in the case of Mayotte; |
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D.

whereas youth unemployment has been gradually decreasing in recent years, although, according to Eurostat, it stood at 16,1 % in January 2018, even exceeding 34 % in some Member States; whereas if we compare the figures from 2008 (15,6 %) we can see that the rate has increased; whereas these figures prevent a one-size-fits-all solution if we are to realise young people’s full potential; whereas there are worryingly high rates of youth unemployment in the outermost regions, with some of those regions registering rates of over 50 %, as in the case of Mayotte;

| E. | whereas disadvantaged groups, such as ethnic minorities, people with special needs, women, LGBTIQ, migrants and refugees – who are facing barriers to enter the labour market and access culture, social services and education – are those most affected by the socio-economic crisis; |
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E.

whereas disadvantaged groups, such as ethnic minorities, people with special needs, women, LGBTIQ, migrants and refugees – who are facing barriers to enter the labour market and access culture, social services and education – are those most affected by the socio-economic crisis;

| F. | whereas education helps in minimising the effect of socio-economic inequalities, providing skills and competences that are necessary for reducing the intergenerational transmission of disadvantages; |
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F.

whereas education helps in minimising the effect of socio-economic inequalities, providing skills and competences that are necessary for reducing the intergenerational transmission of disadvantages;

| G. | whereas the overall lack of investment in young people and young people’s rights will prevent young people from claiming, exercising and defending their rights, and will contribute to the aggravation of phenomena such as declining populations, early school leaving, lack of professional and vocational qualifications, late entry into the labour market, lack of financial independence, potential malfunctioning of social security systems, widespread job insecurity and social exclusion; |
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G.

whereas the overall lack of investment in young people and young people’s rights will prevent young people from claiming, exercising and defending their rights, and will contribute to the aggravation of phenomena such as declining populations, early school leaving, lack of professional and vocational qualifications, late entry into the labour market, lack of financial independence, potential malfunctioning of social security systems, widespread job insecurity and social exclusion;

| H. | whereas the problems that young people face in employment, education and training, as well as in social and political engagement, are not uniform, with some groups being affected disproportionately more than others; whereas more effort is needed to support those who are furthest from the labour market or entirely detached from it; |
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H.

whereas the problems that young people face in employment, education and training, as well as in social and political engagement, are not uniform, with some groups being affected disproportionately more than others; whereas more effort is needed to support those who are furthest from the labour market or entirely detached from it;

| I. | whereas safeguarding local schools and educational establishments in all European regions is vital if the aim is to improve education for young people and if the EU is to offer the regions its full support in meeting this challenge; |
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I.

whereas safeguarding local schools and educational establishments in all European regions is vital if the aim is to improve education for young people and if the EU is to offer the regions its full support in meeting this challenge;

| J. | whereas education, intercultural dialogue, strategic communication and closer cooperation between Member States in particular have a key role to play in preventing the marginalisation and radicalisation of young people and increasing their resilience; |
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J.

whereas education, intercultural dialogue, strategic communication and closer cooperation between Member States in particular have a key role to play in preventing the marginalisation and radicalisation of young people and increasing their resilience;

| K. | whereas young people should be actively involved in the planning, development, implementation, monitoring and assessment of all policies impacting young people; whereas 57 % of youth organisations in the EU consider that their expertise is not taken into account in the process of formulating youth policies (19); |
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K.

whereas young people should be actively involved in the planning, development, implementation, monitoring and assessment of all policies impacting young people; whereas 57 % of youth organisations in the EU consider that their expertise is not taken into account in the process of formulating youth policies (19);

| L. | whereas it is important that youth organisations guarantee an adequate level of representativeness and inclusiveness of young people in order to be fully legitimate; |
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L.

whereas it is important that youth organisations guarantee an adequate level of representativeness and inclusiveness of young people in order to be fully legitimate;

| M. | whereas although the EU Youth Strategy is an ongoing strategy that is continually being refined, its objectives are still very broad and ambitious; whereas there is a lack of duly established parameters of reference; |
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M.

whereas although the EU Youth Strategy is an ongoing strategy that is continually being refined, its objectives are still very broad and ambitious; whereas there is a lack of duly established parameters of reference;

| N. | whereas the 2010-2018 EU Youth Strategy (EYS) emphasises the need for a structured dialogue between young people and decision makers; |
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N.

whereas the 2010-2018 EU Youth Strategy (EYS) emphasises the need for a structured dialogue between young people and decision makers;

| O. | whereas the ultimate objective of the EYS is to increase the number of opportunities and ensure equality of opportunity for all young Europeans; |
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O.

whereas the ultimate objective of the EYS is to increase the number of opportunities and ensure equality of opportunity for all young Europeans;

| P. | whereas young people should be helped and empowered to address the serious problems they are currently facing and to tackle the challenges they will face in the future through more relevant, effective and better coordinated youth policies, improved and accessible education and the targeted use of economic, employment and social policies at local, regional, national and EU levels; |
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P.

whereas young people should be helped and empowered to address the serious problems they are currently facing and to tackle the challenges they will face in the future through more relevant, effective and better coordinated youth policies, improved and accessible education and the targeted use of economic, employment and social policies at local, regional, national and EU levels;

| Q. | whereas in recent years the EU has launched a number of initiatives such as the Youth Employment Initiative (YEI) and the Youth Guarantee in the framework of its Youth Strategy, with the objectives of creating more and equal opportunities for all young people in education and in the labour market, and promoting young people’s inclusion, empowerment and active participation in society; |
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Q.

whereas in recent years the EU has launched a number of initiatives such as the Youth Employment Initiative (YEI) and the Youth Guarantee in the framework of its Youth Strategy, with the objectives of creating more and equal opportunities for all young people in education and in the labour market, and promoting young people’s inclusion, empowerment and active participation in society;

| R. | whereas there is a need to mainstream EU action in the field of youth through the inclusion of a youth dimension in current and future policies and funding programmes, in particular in all key policy areas, such as the economy, employment and social affairs, cohesion, health, women, co-determination, migration, culture, the media and education; |
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R.

whereas there is a need to mainstream EU action in the field of youth through the inclusion of a youth dimension in current and future policies and funding programmes, in particular in all key policy areas, such as the economy, employment and social affairs, cohesion, health, women, co-determination, migration, culture, the media and education;

| S. | whereas there is a need for coordination of the implementation of the future EYS across different policy sectors and institutions; |
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S.

whereas there is a need for coordination of the implementation of the future EYS across different policy sectors and institutions;

| T. | whereas a gender perspective must be included in decision-making on youth policies which takes into account the specific challenges and circumstances faced by young women and girls in particular, from different cultural and religious backgrounds; whereas specific gender-sensitive measures should be included in youth policy, such as prevention of violence against women and girls, education on gender equality and sex education; whereas women are 1,4 times more likely not to be in education, employment or training (NEET) than men on average (20) and continued efforts are needed to increase participation levels in the labour market among young women – particularly after maternity leave and for single mothers – and those who have dropped out of school, the low-skilled, young people with disabilities and all youngsters at risk of discrimination; |
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T.

whereas a gender perspective must be included in decision-making on youth policies which takes into account the specific challenges and circumstances faced by young women and girls in particular, from different cultural and religious backgrounds; whereas specific gender-sensitive measures should be included in youth policy, such as prevention of violence against women and girls, education on gender equality and sex education; whereas women are 1,4 times more likely not to be in education, employment or training (NEET) than men on average (20) and continued efforts are needed to increase participation levels in the labour market among young women – particularly after maternity leave and for single mothers – and those who have dropped out of school, the low-skilled, young people with disabilities and all youngsters at risk of discrimination;

| U. | whereas sustained efforts are needed to increase the participation of young people in society, particularly for people with disabilities, migrants, refugees, NEETs and those at risk of social exclusion; |
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U.

whereas sustained efforts are needed to increase the participation of young people in society, particularly for people with disabilities, migrants, refugees, NEETs and those at risk of social exclusion;

| V. | whereas education is a key factor in combating social exclusion and investing in skills and competences is therefore crucial to tackling the high unemployment rate, especially among NEETs; |
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V.

whereas education is a key factor in combating social exclusion and investing in skills and competences is therefore crucial to tackling the high unemployment rate, especially among NEETs;

| W. | whereas Article 9 TFEU establishes that the Union, in defining and implementing its policies and activities, shall take into account requirements linked to the promotion of a high level of employment, social protection, the fight against social exclusion, and a high level of education, training and protection of human health; |
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W.

whereas Article 9 TFEU establishes that the Union, in defining and implementing its policies and activities, shall take into account requirements linked to the promotion of a high level of employment, social protection, the fight against social exclusion, and a high level of education, training and protection of human health;

| X. | whereas the EYS established a good base for fruitful and meaningful cooperation in the field of youth; |
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X.

whereas the EYS established a good base for fruitful and meaningful cooperation in the field of youth;

| Y. | whereas the achievement of the objectives of the last three-year cycle of the EYS (2010-2018) cannot be duly and precisely assessed and the comparison of the respective situations of the different Member States is very difficult to evaluate, owing to a lack of benchmarks and indicators, and to overlapping implementation instruments; |
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Y.

whereas the achievement of the objectives of the last three-year cycle of the EYS (2010-2018) cannot be duly and precisely assessed and the comparison of the respective situations of the different Member States is very difficult to evaluate, owing to a lack of benchmarks and indicators, and to overlapping implementation instruments;

| Z. | whereas career orientation and access to information on employment opportunities and educational paths are essential for future educational development and transition in to the labour market; |
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Z.

whereas career orientation and access to information on employment opportunities and educational paths are essential for future educational development and transition in to the labour market;

| AA. | whereas in establishing the objectives of this strategy and implementing and evaluating it, the EU must work in close partnership with national, regional and local authorities; |
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AA.

whereas in establishing the objectives of this strategy and implementing and evaluating it, the EU must work in close partnership with national, regional and local authorities;

Youth challenges and lessons from the current EU youth-related policymaking process

| 1. | Notes with regret that long-term austerity measures, notably cuts in funding for education, culture, and youth policies, have had a negative impact on young people and their living conditions; warns that young people, especially the most disadvantaged, such as young people with disabilities, young women, minorities, those with special needs, are greatly affected by rising inequality, the risk of exclusion, insecurity and discrimination; |
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1.

| 2. | Welcomes the achievements of European cooperation in the field of youth, which has demonstrated its ability to tackle the problems faced by most Europeans and to support national policymakers, providing them with expertise, recommendations and legitimacy, and successfully mobilising more EU funding; |
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2.

| 3. | Views the open method of coordination as appropriate, but still insufficient as a means for framing youth policies that needs to be complemented by other measures; reiterates its call for closer cooperation and exchange of best practices on youth issues at local, regional, national and EU level; urges the Member States to agree on clear indicators and benchmarks in order to allow for monitoring of the progress made; |
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3.

| 4. | Acknowledges the positive achievements of the EYS though the development of cross-sector work and the implementation of structured dialogue in order to ensure the participation of young people, and believes that the general level of awareness of the objectives and instruments of the EYS on the part of relevant actors and stakeholders needs to be improved; notes, in particular, that the bottom-up approach used for structured dialogue represents added value and should be preserved; calls on the Commission and the Member States, therefore, to take into account the results of the VI Cycle of the structured dialogue that focuses on the future EYS when developing the new strategy; |
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4.

| 5. | Suggests involving local and regional authorities in the area of youth policy, especially in those Member States where they have competence in this area; |
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5.

| 6. | Welcomes the policy initiatives aimed at supporting the EU’s youth, in particular Investing in Europe’s Youth, the European Solidarity Corps and the YEI; believes, however, that these instruments should be better connected to the EYS and follow a bottom-up approach; calls on the Commission, therefore, to systematically link all policy proposals pertaining to young people to the overarching strategy and to involve all the relevant stakeholders, such as social partners and civil society, by taking a holistic, long-term approach with well-defined horizontal objectives; |
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6.

| 7. | Urges the Commission to establish a cross-sectoral working group for the coordination of future EYS implementation, with the participation of the EU institutions, including Parliament, the Member States and civil society, in particular trade unions and youth organisations; |
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7.

| 8. | Calls on the Commission to set up effective inter-service coordination tools and to assign the responsibility for youth mainstreaming as a cluster to a Commission vice-president; |
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8.

| 9. | Encourages the Member States to use the European Pillar of Social Rights as a basis for drafting legislation for young people; |
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9.

| 10. | Stresses the importance of promoting healthy lifestyles to prevent disease and considers it necessary to provide young people with correct information on and assistance with serious mental health problems such as tobacco, alcohol and drug use and addiction; |
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10.

| 11. | Highlights the importance of the Commission’s evaluation of the implementation of the EYS in the Member States with a view to enabling increased checks and monitoring on the ground; urges the Commission to establish objectives for the EYS that can be qualitatively and quantitatively assessed, taking into account the specificities of each Member State or region; calls on the Commission to increase funding for programmes and actions preparing young people for the world of work; |
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11.

Giving a voice to young people in the EYS

| 12. | Recommends that the future EYS should be participatory and centred around young people and improving well-being, reflecting the needs, ambitions and diversity, of all young people in Europe, while widening their access to creative tools involving new technologies; |
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12.

| 13. | Believes that the EU should express solidarity with young people and continue to empower them to participate in society by developing specific measures, such as mainstreaming volunteering, supporting youth work, developing new tools – especially those involving new technologies – and promoting exchanges based on solidarity, community engagement, free space and democratic dialogue; recognises, therefore, the importance of youth associations as a space enabling young people to grow and to develop a sense of active citizenship; calls on Member States to facilitate the active involvement of young people in voluntary organisations; stresses that the increased social participation of young people can, apart from being an important achievement in its own right, act as a stepping stone towards increased political participation; |
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13.

| 14. | Highlights in this regard the important role of non-formal and informal learning, as well as participation in sport and volunteering activities, in stimulating the development of civic, social and intercultural competences and skills among young Europeans; |
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14.

| 15. | Calls on the Member States to provide for national legal frameworks and adequate financial resources for voluntary work; |
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15.

| 16. | Strongly urges the Commission and the Member States to encourage young people, particularly those with fewer opportunities and those outside formal organisational structures, to play an active and critical role in public life, and to adopt a participatory approach to policymaking in order to enable young people to influence decisions that impact their lives by offering them online and offline democracy tools, while taking into account the limitations and risks of social media, and by involving the relevant stakeholders, such as social partners, civil society and youth organisations, in the development, implementation, monitoring and assessment of youth policies; |
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16.

| 17. | Calls on the Member States to encourage young people to participate fully in the electoral process; |
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17.

| 18. | Expresses the need to continue the structured dialogue between young people and decision-makers under the next European cooperation framework in the field of youth; believes that the structured dialogue process should systematically increase the number and diversity of the groups of young people to which it reaches out, and notes that sufficient financial support for national and European working groups should be provided to ensure this; calls on the Member States to encourage the participation of national, regional and local decision-makers in the structured dialogue with young people; |
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18.

| 19. | Urges the Member States to uphold transparency in submitting their accounts and using funds earmarked for boosting sustainable employment opportunities for young people; reiterates the importance, consequently, of the Member States submitting detailed information on the situation of their young people when requested; |
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19.

| 20. | Highlights the lack of systematic updates and reliable data on the implementation of the EYS; urges the Member States and the Commission, therefore, to promote closer cooperation between national and regional statistics services when it comes to submitting relevant and up-to-date statistics on youth, which are important for assessing the level of success of the strategy being implemented; considers that the triannual reports submitted must be accompanied by these statistics; |
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20.

| 21. | Recalls that there is a tendency of declining youth participation in national and local elections and that young people need political commitment and to be able to see the result of their contribution; recalls that opportunities to experience political participation in their own environment and local communities from an early age is a crucial step towards an increased feeling of European citizenship and for young people to become active citizens; calls on the Commission and the Member States, therefore, to encourage regional and local authorities to ensure that young people and youth organisations are able to fully and effectively participate and be involved in decision-making and electoral processes; |
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21.

| 22. | Calls on the Member States to incorporate the youth national councils in the monitoring and implementation committees of the EYS; |
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22.

| 23. | Stresses the potential of technology for connecting with young people and calls on the EU to strengthen their capacity to participate in society through e-platforms; |
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23.

| 24. | Notes with regret that despite the continuous efforts of the Commission to communicate the opportunities for young people that are supported by the various Union programmes, many young people still believe that they have limited access to them; urges the Commission to improve its communication tools; |
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24.

Equal opportunities for securing sustainable inclusion in the labour market

| 25. | Is highly concerned at the persistent high rates of youth unemployment throughout the EU, especially in Southern Europe; recalls that quality job creation and employment should be guaranteed and remain key commitments towards young people and calls in this respect for measures to facilitate the transition of young people from education to work by ensuring quality internships and apprenticeships; calls on the Commission and the Member States to promote structural reforms of the labour market, fair working conditions and remuneration in order to ensure that young people are not discriminated against when it comes to accessing the world of work; stresses the importance of defining social rights for new forms of employment, fair professional traineeships and ensuring social dialogue; |
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25.

| 26. | Underlines the importance of moves by national, regional and local authorities to adopt tailored measures and to provide personalised support in order to reach all NEETs; recalls the need to involve local stakeholders such as social partners, trade unions, civil society and youth organisations; |
| --- | --- |

26.

| 27. | Argues that special measures should be taken to tackle the precarious situation of young women in the labour market, with special attention to the gender pay gap and their over-representation in atypical forms of employment which lack social protection; |
| --- | --- |

27.

| 28. | Underlines the need to promote fair working conditions and the adequate social protection of workers in the so-called new forms of employment, where young people are overrepresented; |
| --- | --- |

28.

| 29. | Believes that measures should also be taken to integrate young migrants in the labour market in full respect of the principle of equal treatment; |
| --- | --- |

29.

| 30. | Stresses that an inclusive youth policy should defend and promote social programmes facilitating political and cultural participation; further believes that decent and regulated work, grounded in collective labour agreements, with non-precarious labour relations, adequate salaries and wages, and high-quality, universal public services are important for young people’s societal well-being; calls on the Commission and the Member States to promote fair working conditions and adequate social protection, including with regard to new forms of employment; |
| --- | --- |

30.

| 31. | Recalls that employment and entrepreneurship constitute one of the eight priorities identified in the EYS (2010-2018); stresses that youth work and non-formal learning, particularly as developed in youth organisations, play a vital role in developing young people’s potential, including entrepreneurial skills, allowing them to develop a broad set of competences which can increase their opportunities on the labour market; |
| --- | --- |

31.

| 32. | Calls on the Commission and the Member States to encourage cross-border professional and vocational opportunities, to expand and increase investment in the VET sector and to present it as an appealing educational choice; |
| --- | --- |

32.

| 33. | Calls on the Commission and the Member States to support regional and local authorities and to invest in new life opportunities for young people, in order to develop their creativity and full potential, to support youth entrepreneurship and to foster the social inclusion of young people for the benefit of their communities; |
| --- | --- |

33.

| 34. | Urges the Commission and the Member States to adopt a rights-based approach to youth and employment; calls on the Member States to ensure that young people have access to quality internships and jobs that uphold their rights, including the right to a stable job that offers a living wage, social protection and secures a life of dignity and autonomy; |
| --- | --- |

34.

| 35. | Urges the Commission and the Member States to supervise establishments that repeatedly offer consecutive internships without following them up with jobs, in order to ensure that jobs are not replaced with so-called internships; |
| --- | --- |

35.

| 36. | Welcomes the fact that YEI measures have provided support for more than 1,6 million young people (21); stresses that more efforts and financial commitments are necessary; emphasises the need to improve outreach to young people in NEET situations who face multiple barriers and to improve the quality of offers under the Youth Guarantee, by defining clear quality criteria and standards including access to social protection, minimum income and employment rights; calls on the Member States to effectively improve their monitoring, reporting and performance systems and to ensure that YEI funds are used as a supplement to national funding and not as a replacement; |
| --- | --- |

36.

| 37. | Further stresses the need to address quality in terms of mentoring and coaching, the quality and adequacy of actual individual training, traineeships or jobs, as well as the quality of the outcome according to the fixed objectives; underlines in this respect the necessity to ensure the application of existing quality frameworks, such as the European Quality Framework, under the YEI; is of the opinion that young people should be also involved in the monitoring of the quality of offers; |
| --- | --- |

37.

| 38. | Recalls that measures that foster the integration of young people not in employment, education or training into the labour market, including quality paid internships, traineeships or apprenticeships, must be financially supported by the YEI or future European tools, avoiding any form of job substitution or abuse of youth workers; |
| --- | --- |

38.

| 39. | Notes that fostering an entrepreneurial mindset among young people is a priority and that the formal and non-formal education systems are most effective interventions for promoting youth entrepreneurship; underlines that entrepreneurship is a tool to combat youth unemployment and social exclusion and stimulate innovation; believes, therefore, that the EYS should support the creation of a suitable environment for youth entrepreneurship; |
| --- | --- |

39.

| 40. | Recalls that the main objective of the YEI is to reach out to NEETS and therefore urges the Member States to invest greater effort in identifying and targeting the NEET population, especially the most vulnerable young people, such as those with disabilities, taking into account their specific needs; |
| --- | --- |

40.

| 41. | Invites the Member States and the Commission to establish innovative and flexible grants for nurturing talent and artistic and sporting ability in the field of education and training; supports those Member States that are seeking to introduce scholarship schemes for students with proven educational, sporting and artistic ability; |
| --- | --- |

41.

| 42. | Underlines that 38 % of young people have difficulty accessing information; highlights the importance of ensuring a collective approach to guiding, supporting and informing young people about their rights and opportunities; |
| --- | --- |

42.

| 43. | Further stresses the necessity for the YEI to focus not only on highly educated young NEETs, but also on those who are low-skilled, inactive and unregistered with the public employment services; |
| --- | --- |

43.

| 44. | Stresses that, despite high unemployment rates, labour mobility within the EU remains limited; draws attention, therefore, to the importance of worker mobility for a competitive labour market; calls on the Commission and the Member States to encourage cross-border professional and vocational opportunities to this end; |
| --- | --- |

44.

| 45. | Reiterates the importance of adults over the age of 55 in training young people in the workplace; argues, together with the Commission, in favour of the creation of programmes that allow the gradual departure of these people from the labour market up to retirement age, more specifically transitioning first to part-time work, during which they also train young people and help them to gradually integrate into the workplace; |
| --- | --- |

45.

| 46. | Points out the important role of enterprises in matters related to skill acquisition and the creation of jobs for young people; notes that education and training in areas related to the promotion of entrepreneurship may contribute to the achievement of long-term development, the promotion of European competitiveness and the fight against unemployment; |
| --- | --- |

46.

| 47. | Urges the Member States to indicate the hoped-for impact of the measures to be adopted in their action plans; emphasises, therefore, the importance of the Member States providing guarantees that the measures put in place have effectively boosted employment; reiterates the need to gauge the sustainability of the policies to be implemented; |
| --- | --- |

47.

Sustainable development: the future for young people

| 48. | Strongly believes that quality formal, non-formal and informal education and quality training is a fundamental right; considers, therefore, that access to all levels of quality education should be guaranteed for all Europeans, regardless of socioeconomic status, ethnicity or gender, physical or cognitive disabilities; underlines the important role played by formal, non-formal and informal education in providing young people with the knowledge, skills and competences to become committed citizens and take part in the European project; calls, therefore, on Member States to develop specific policies and encourages, in this regard, the equal consideration of artistic and creative education with scientific and technological subjects (STEM) in school curricula; |
| --- | --- |

48.

| 49. | Underlines the importance of modernising education; calls on the Commission and the Member States to stimulate the inclusion of new skills and competences in education, such as citizenship, critical thinking and entrepreneurial spirit, and to promote the development of new educational tools that increase the participation in and the accessibility of education; |
| --- | --- |

49.

| 50. | Is deeply concerned at the particularly acute problem of child poverty, which affects up to 25 million children in the EU (more than 26,4 % of all Europeans aged under 18) from families that suffer every day from a lack of sufficient income and basic services; believes that youth policies could contribute to areas like child and family policy; |
| --- | --- |

50.

| 51. | Is deeply concerned by the phenomenon of early school leaving and calls therefore for appropriate solutions to tackle it, in view of achieving the Europe 2020 targets; |
| --- | --- |

51.

| 52. | Encourages the Commission to support initiatives which aim to foster active and critical citizenship, respect, tolerance, values and intercultural learning, and highlights in this respect the crucial role of EU programmes such as Erasmus+, Creative Europe and Europe for citizens; calls on the Commission and the Member States to promote spaces for dialogue with young people on a range of themes, such as sex, gender, policy, solidarity and the environment, law, history and culture; |
| --- | --- |

52.

| 53. | Strongly believes that literacy, including digital and media literacy, numeracy, as well as the basic skills which act as a key vehicle to secure autonomy and a promising future for young people, must be a priority at the European, national and local levels; urges the Commission and the Member States, therefore, to step up their efforts at providing basic learning skills and competences for all; |
| --- | --- |

53.

| 54. | Calls on the Commission to encourage initiatives with formal education and informal learning to support young people’s innovation, creativity and entrepreneurship and to promote cohesion and understanding between young people of different groups; |
| --- | --- |

54.

| 55. | Notes with great concern, in this regard, the persistently high number of European citizens with poor literacy skills or literacy difficulties, including functional, digital and media illiteracy, which pose grave concerns in terms of adequate participation in public life and the labour market; |
| --- | --- |

55.

| 56. | Recalls that the first principle of the European Pillar of Social Rights declares that everyone has the right to quality and inclusive education, training and lifelong learning in order to maintain and acquire skills that enable all to participate fully in society and successfully manage transitions in the labour market; stresses, consequently, the importance of prioritising and ensuring social investment in education and training in the new programming period of the MFF for 2021-2027; |
| --- | --- |

56.

| 57. | Strongly believes that the social scoreboard, which was introduced within the framework of the European Pillar of Social Rights, should be used to monitor the EYS; calls on the Commission to adopt a specific set of indicators to monitor the EYS, such as education, skills and lifelong learning, gender equality in the labour market, healthcare, digital access, living conditions and poverty; |
| --- | --- |

57.

| 58. | Stresses the key role of the family and teachers in supporting young people who experience bullying at school and cyberbullying; urges the Commission and the Member States to take action to address these kinds of behaviour, which affect the mental well-being of young people, in particular by developing appropriate digital skills starting from primary school, as provided for in the Digital Education Action Plan; |
| --- | --- |

58.

| 59. | Argues that in order to increase the effectiveness of actions in the fields of education, youth and sport, joint objectives and instruments must be developed to measure the impact of policy, based on international studies; |
| --- | --- |

59.

| 60. | Underlines the harmful impact of stress on young people’s well-being at school, in training, on the labour market and in their personal lives; calls on the Commission and the Member States to invest in mental health programmes and to encourage the relevant actors to help young people in this regard; |
| --- | --- |

60.

| 61. | Underlines the importance of ensuring the mental and physical well-being of young Europeans; calls on the Commission and the Member States to promote extra-curricular sporting activities and to raise awareness through nutrition campaigns; |
| --- | --- |

61.

| 62. | Underlines the importance of promoting intercultural dialogue in sport, including by creating platforms involving young people, refugees and migrants; |
| --- | --- |

62.

| 63. | Believes that in view of the complexity of youth policies and their impact, research collaboration must be stimulated in order to develop empirically justified responses and intervention and preventative solutions that will further young people’s wellbeing and resilience; |
| --- | --- |

63.

| 64. | Highlights the importance of culture not only in combating violence, racism, radicalisation and intolerance, but also in developing a European identity; calls on the Commission and the Member States to promote and invest in culture and to ensure equal access; |
| --- | --- |

64.

| 65. | Emphasises that youth organisations play a crucial role for young people’s participation and inclusion in society; calls, therefore, on the Member States to support youth organisations and to recognise their role in the development of competences and social inclusion, and support the establishment of youth councils at all levels, working together with young people; |
| --- | --- |

65.

| 66. | Insists on the importance of validating non-formal and informal learning to empower learners, as it is essential to the development of a society based on social justice and equal opportunities, and contributes to the development of citizenship skills and individual fulfilment; regrets that employers and formal education providers do not sufficiently recognise the value and relevance of skills, competences and knowledge acquired through non-formal and informal learning; points out that the insufficient degree of comparability and coherence between the validation approaches of EU countries represents an additional barrier; calls on the Member States to continue their efforts to implement a national recognition and validation system and ensure adequate funding for competences acquired through non-formal education, recalling the Council recommendation of 20 December 2012 on the validation of non-formal and informal learning; |
| --- | --- |

66.

Stronger alignment and support from funding instruments for the EYS

| 67. | Believes that the EYS should follow the MFF and comply with the Sustainable Development Goals and all relevant flagship initiatives, programmes and policy strategies, setting up systematic dialogue between the respective bodies, defining clear goals and targets and establishing a relevant coordination mechanism; |
| --- | --- |

67.

| 68. | Recalls that in the area of youth, the EU can only carry out actions to support, coordinate and supplement the actions of the Member States in line with the principle of subsidiarity, notes the importance of coherence of EU and national funding and therefore calls on the Commission to facilitate synergies with national, regional and local initiatives to avoid the duplication, overlapping or repetition of activities; |
| --- | --- |

68.

| 69. | Urges Member States and the Commission to increase public investment in education and youth related issues; |
| --- | --- |

69.

| 70. | Strongly believes that the funds available to support various youth-related initiatives and policies such as the Erasmus+ programme, the YEI and the Europe for Citizens programme should be significantly increased in the next MFF to give more opportunities to youths and avoid exclusion; |
| --- | --- |

70.

| 71. | Welcomes the European Solidarity Corps – a programme to foster solidarity among young Europeans, volunteering and the development of inclusive citizenship; recalls Parliament’s position to properly finance the new initiative by means of fresh resources and not to use the programme as an option for tackling youth unemployment; |
| --- | --- |

71.

| 72. | Firmly believes that the Europe for Citizens programme should continue to stimulate active citizenship, civic education and dialogue and engender a sense of European identity; notes the low success rate of the programme due to a lack of funding; calls for a substantial increase in its funding allocation; |
| --- | --- |

72.

| 73. | Urges the Commission to keep the Erasmus for Young Entrepreneurs programme; encourages the Member States and the Commission to invest in promoting this programme together, along with chambers of commerce, companies and young people, while not neglecting their main areas of activity; |
| --- | --- |

73.

| 74. | Reiterates its support for strengthening the Creative Europe programme, which provides specific mobility schemes for young artists and professionals working in the cultural and creative sectors; |
| --- | --- |

74.

| 75. | Highlights the importance of Erasmus+: an essential tool to create active and committed young citizens; strongly believes that Erasmus+ should target all young people, including those with fewer opportunities, and that the greater aspirations for the next Erasmus+ programming period must be matched by significant additional funding to unlock the programme’s full potential, and to provide for a simplification of procedures through the establishment of electronic systems for access to cross-border services and to student data, such as the ‘e-card’ project; |
| --- | --- |

75.

| 76. | Calls for a better alignment between the EYS and Erasmus+, aligning the timeframes for implementation, amending the Erasmus+ Regulation to clearly support the objectives of the Strategy through common ‘youth goals’ and defining Key Action 3 as the Strategy’s main implementation tools; |
| --- | --- |

76.

| 77. | Stresses that the YEI budget is not sufficient to ensure that the programme reaches its targets; calls, therefore, for a significant increase in the YEI allocation under the next MFF and for the Member States to make provisions for youth employment schemes in their national budgets; further underlines the need to extend the eligible age limit from 25 to 29 in order to better reflect the reality that many recent graduates and labour market entrants are in their late twenties; |
| --- | --- |

77.

| 78. | Argues for the harmonisation, without prejudice to the principle of subsidiarity, of the concept of young person, setting an age limit applicable across the EU; encourages all the Member States to contribute to this harmonisation, eliminating obstacles to the gauging of progress and establishing measures to be put in place; |
| --- | --- |

78.

| 79. | Encourages the promotion of the future EU Framework Programme for Research and Innovation for the development of integrated, evidence-based responses, intervention and prevention solutions that promote the well-being and resilience of young people; |
| --- | --- |

79.

| 80. | Notes the findings and risks suggesting that actions managed by the Commission (including student exchange programmes) are considered by the national authorities to fulfil the requirements of the Youth Strategy, and that some Member States are withdrawing their resources from policy areas which are supported from the EU budget (22); |
| --- | --- |

80.

o

o o

| 81. | Instructs its President to forward this resolution to the Council, the Commission, and the governments and parliaments of the Member States. |
| --- | --- |

81.

---

(1)  OJ L 347, 20.12.2013, p. 50.

(2)  OJ C 417, 15.12.2015, p. 1.

(3)  OJ C 120, 26.4.2013, p. 1.

(4)  EUCO 37/13.

(5)  OJ C 311, 19.12.2009, p. 1.

(6)  http://ec.europa.eu/assets/eac/dgs/education_culture/more_info/evaluations/docs/youth/youth-strategy-2016_en.pdf

(7)  OJ C 119, 28.5.2009, p. 2.

(8)  Texts adopted, P8_TA(2017)0359.

(9)  Texts adopted, P8_TA(2017)0018.

(10)  OJ C 417, 15.12.2015, p. 17.

(11)  OJ C 398, 22.12.2012, p. 1.

(12)  Texts adopted, P8_TA(2016)0426.

(13)  OJ C 88, 27.3.2014, p. 1.

(14)  OJ C 58, 15.2.2018, p. 57.

(15)  OJ C 316, 22.9.2017, p. 76.

(16)  OJ C 120, 5.4.2016, p. 22.

(17)  OJ C 11, 12.1.2018, p. 16.

(18)  https://www.youthforum.org/sites/default/files/publication-pdfs/Resolution_EU_Youth_Strategy_FINAL%281%29.pdf

(19)  Shadow Report on Youth Policy published by the European Youth Forum.

(20)  Society at a Glance 2016 – OECD Social Indicators.

(21)  21 European Parliament resolution of 18 January 2018 on the implementation of the Youth Employment Initiative in the Member States (P8_TA(2018)0018).

(22)  http://www.europarl.europa.eu/RegData/etudes/STUD/2018/615645/EPRS_STU(2018)615645_EN.pdf

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| 9.3.2020 | EN | Official Journal of the European Union | C 76/192 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/192

---

P8_TA(2018)0241

Implementation of the Ecodesign Directive

European Parliament resolution of 31 May 2018 on the implementation of the Ecodesign Directive (2009/125/EC) (2017/2087(INI))

(2020/C 76/23)

The European Parliament,

| — | having regard to the Treaty on the Functioning of the European Union, in particular Article 114 thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union, in particular Article 114 thereof,

| — | having regard to Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (1) (hereafter ‘the Ecodesign Directive’) and the implementing regulations and voluntary agreements adopted under that Directive, |
| --- | --- |

—

having regard to Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (1) (hereafter ‘the Ecodesign Directive’) and the implementing regulations and voluntary agreements adopted under that Directive,

| — | having regard to the Commission’s Ecodesign Working Plan 2016-2019 (COM(2016)0773) adopted in accordance with Directive 2009/125/EC, |
| --- | --- |

—

having regard to the Commission’s Ecodesign Working Plan 2016-2019 (COM(2016)0773) adopted in accordance with Directive 2009/125/EC,

| — | having regard to Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (2) (hereafter ‘the Energy Labelling Directive’), |
| --- | --- |

—

having regard to Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (2) (hereafter ‘the Energy Labelling Directive’),

| — | having regard to the Union’s objectives on greenhouse gas emission reductions and energy efficiency, |
| --- | --- |

—

having regard to the Union’s objectives on greenhouse gas emission reductions and energy efficiency,

| — | having regard to the Paris Agreement on climate change and the 21st Conference of the Parties (COP21) to the UNFCCC, |
| --- | --- |

—

having regard to the Paris Agreement on climate change and the 21st Conference of the Parties (COP21) to the UNFCCC,

| — | having regard to the ratification of the Paris Agreement by the EU and the Member States, |
| --- | --- |

—

having regard to the ratification of the Paris Agreement by the EU and the Member States,

| — | having regard to the long-term objective laid down in that agreement, namely to keep the increase in global average temperature to well below 2 °C above pre-industrial levels and pursue efforts to limit it to 1,5 °C, |
| --- | --- |

—

having regard to the long-term objective laid down in that agreement, namely to keep the increase in global average temperature to well below 2 °C above pre-industrial levels and pursue efforts to limit it to 1,5 °C,

| — | having regard to the General Union Environmental Action Programme to 2020 (Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 (3)), |
| --- | --- |

—

having regard to the General Union Environmental Action Programme to 2020 (Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 (3)),

| — | having regard to the Commission communication of 2 December 2015 entitled ‘An EU action plan for the Circular Economy’ (COM(2015)0614), |
| --- | --- |

—

having regard to the Commission communication of 2 December 2015 entitled ‘An EU action plan for the Circular Economy’ (COM(2015)0614),

| — | having regard to the Commission communication of 16 January 2018 entitled ‘A European Strategy for Plastics in a Circular Economy’ (COM(2018)0028), |
| --- | --- |

—

having regard to the Commission communication of 16 January 2018 entitled ‘A European Strategy for Plastics in a Circular Economy’ (COM(2018)0028),

| — | having regard to the Commission communication and the staff working document of 16 January 2018 on the implementation of the circular economy package: options to address the interface between chemical, product and waste legislation (COM(2018)0032 – SWD(2018)0020)), |
| --- | --- |

—

having regard to the Commission communication and the staff working document of 16 January 2018 on the implementation of the circular economy package: options to address the interface between chemical, product and waste legislation (COM(2018)0032 – SWD(2018)0020)),

| — | having regard to the Commission communication of 13 September 2017 on the 2017 list of Critical Raw Materials for the EU (COM(2017)0490), |
| --- | --- |

—

having regard to the Commission communication of 13 September 2017 on the 2017 list of Critical Raw Materials for the EU (COM(2017)0490),

| — | having regard to the Council conclusions on eco-innovation: enabling the transition towards a circular economy, adopted on 18 December 2017 (4), |
| --- | --- |

—

having regard to the Council conclusions on eco-innovation: enabling the transition towards a circular economy, adopted on 18 December 2017 (4),

| — | having regard to the Emissions Gap Report 2017 issued by UN Environment Programme in November 2017, |
| --- | --- |

—

having regard to the Emissions Gap Report 2017 issued by UN Environment Programme in November 2017,

| — | having regard to its resolution of 9 July 2015 on resource efficiency: moving towards a circular economy (5), |
| --- | --- |

—

having regard to its resolution of 9 July 2015 on resource efficiency: moving towards a circular economy (5),

| — | having regard to EU legislation on waste, |
| --- | --- |

—

having regard to EU legislation on waste,

| — | having regard to its resolution of 4 July 2017 on a longer lifetime for products: benefits for consumers and companies (6), |
| --- | --- |

—

having regard to its resolution of 4 July 2017 on a longer lifetime for products: benefits for consumers and companies (6),

| — | having regard to the European implementation assessment (EIA) drawn up by the Parliament’s Directorate-General for Parliamentary Research Services to accompany the scrutiny of the implementation of the Ecodesign Directive, |
| --- | --- |

—

having regard to the European implementation assessment (EIA) drawn up by the Parliament’s Directorate-General for Parliamentary Research Services to accompany the scrutiny of the implementation of the Ecodesign Directive,

| — | having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Industry, Research and Energy (A8-0165/2018), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Industry, Research and Energy (A8-0165/2018),

| A. | whereas the objective of the Ecodesign Directive is to increase energy efficiency and the level of protection of the environment through harmonised requirements that ensure the functioning of the internal market and foster the continuous reduction of the overall environmental impact of energy-related products; whereas these measures also have a positive impact on energy security by reducing energy consumption; |
| --- | --- |

A.

whereas the objective of the Ecodesign Directive is to increase energy efficiency and the level of protection of the environment through harmonised requirements that ensure the functioning of the internal market and foster the continuous reduction of the overall environmental impact of energy-related products; whereas these measures also have a positive impact on energy security by reducing energy consumption;

| B. | whereas the Ecodesign Directive provides for measures to be taken to reduce the lifecycle environmental impact of energy-related products; whereas, so far, decisions under the directive have largely concentrated on reducing energy consumption during the use stage; |
| --- | --- |

B.

whereas the Ecodesign Directive provides for measures to be taken to reduce the lifecycle environmental impact of energy-related products; whereas, so far, decisions under the directive have largely concentrated on reducing energy consumption during the use stage;

| C. | whereas the implementation of the directive could make a greater contribution to the EU’s efforts to improve energy efficiency and help to achieve climate action targets; |
| --- | --- |

C.

whereas the implementation of the directive could make a greater contribution to the EU’s efforts to improve energy efficiency and help to achieve climate action targets;

| D. | whereas the reduction of the environmental impact of energy-related products at the ecodesign stage, through the provision of minimum criteria concerning their lifetime and their upgradability, reparability and potential for recycling and reuse, can offer considerable opportunities in terms of job creation; |
| --- | --- |

D.

whereas the reduction of the environmental impact of energy-related products at the ecodesign stage, through the provision of minimum criteria concerning their lifetime and their upgradability, reparability and potential for recycling and reuse, can offer considerable opportunities in terms of job creation;

| E. | whereas, by the beginning of 2018, 29 specific Ecodesign regulations covering different product groups were in place and, in addition, three voluntary agreements recognised under the directive had been adopted; |
| --- | --- |

E.

whereas, by the beginning of 2018, 29 specific Ecodesign regulations covering different product groups were in place and, in addition, three voluntary agreements recognised under the directive had been adopted;

| F. | whereas the Ecodesign Directive recognises voluntary agreements or other self-regulation measures as alternatives to implementing measures when certain criteria are fulfilled; whereas not all of the existing voluntary agreements have proven to be more efficient than regulatory measures; |
| --- | --- |

F.

whereas the Ecodesign Directive recognises voluntary agreements or other self-regulation measures as alternatives to implementing measures when certain criteria are fulfilled; whereas not all of the existing voluntary agreements have proven to be more efficient than regulatory measures;

| G. | whereas ecodesign brings economic benefits for industry and consumers and contributes significantly to the Union’s climate, energy and circular economy policies; |
| --- | --- |

G.

whereas ecodesign brings economic benefits for industry and consumers and contributes significantly to the Union’s climate, energy and circular economy policies;

| H. | whereas the Ecodesign legislation is closely linked to EU legislation on energy labelling and measures taken under these two directives by 2020 are expected to generate EUR 55 billion in additional annual revenue per year for the industrial, wholesale and retail sectors and are estimated to bring 175 Mtoe in primary energy savings per year by 2020, thus contributing to up to half of the Union’s energy savings target for 2020 and reducing the dependence on energy imports; whereas the legislation also contributes significantly to the EU’s climate targets by reducing greenhouse gas emissions by 320 million tonnes of CO2 equivalents annually; whereas the potential for energy savings is even larger in the longer term; |
| --- | --- |

H.

whereas the Ecodesign legislation is closely linked to EU legislation on energy labelling and measures taken under these two directives by 2020 are expected to generate EUR 55 billion in additional annual revenue per year for the industrial, wholesale and retail sectors and are estimated to bring 175 Mtoe in primary energy savings per year by 2020, thus contributing to up to half of the Union’s energy savings target for 2020 and reducing the dependence on energy imports; whereas the legislation also contributes significantly to the EU’s climate targets by reducing greenhouse gas emissions by 320 million tonnes of CO2 equivalents annually; whereas the potential for energy savings is even larger in the longer term;

| I. | whereas, according to the Ecodesign Impact Accounting Report (European Commission, 2016), it is estimated that by 2020 EU consumers will save a total of up to EUR 112 billion, or around EUR 490 per year per household; |
| --- | --- |

I.

whereas, according to the Ecodesign Impact Accounting Report (European Commission, 2016), it is estimated that by 2020 EU consumers will save a total of up to EUR 112 billion, or around EUR 490 per year per household;

| J. | whereas more than 80 % of the environmental impact of energy-related products is identified at the design stage; |
| --- | --- |

J.

whereas more than 80 % of the environmental impact of energy-related products is identified at the design stage;

| K. | whereas for a majority of stakeholders three main obstacles to full implementation of the legislation can be identified: the lack of clear political support and direction, the slow pace of the regulatory processes and the inadequacy of market surveillance in the Member States; |
| --- | --- |

K.

whereas for a majority of stakeholders three main obstacles to full implementation of the legislation can be identified: the lack of clear political support and direction, the slow pace of the regulatory processes and the inadequacy of market surveillance in the Member States;

| L. | whereas it is estimated that 10-25 % of products on the market do not comply with the Ecodesign and Energy Labelling Directives, leading to a loss of around 10 % of envisaged energy savings and to unfair competition; |
| --- | --- |

L.

whereas it is estimated that 10-25 % of products on the market do not comply with the Ecodesign and Energy Labelling Directives, leading to a loss of around 10 % of envisaged energy savings and to unfair competition;

| M. | whereas the existing exemption for stage lighting from Commission Regulations (EC) No 244/2009 (7) and (EU) No 1194/2012 (8) has been an appropriate and effective way to respect the special needs and circumstances for theatres and the whole entertainment industry and should be continued; |
| --- | --- |

M.

whereas the existing exemption for stage lighting from Commission Regulations (EC) No 244/2009 (7) and (EU) No 1194/2012 (8) has been an appropriate and effective way to respect the special needs and circumstances for theatres and the whole entertainment industry and should be continued;

| N. | whereas, while the scope of the Ecodesign Directive was enlarged in 2009 to cover all energy-related products (excluding means of transport), no non-energy using products have yet been covered by ecodesign requirements; |
| --- | --- |

N.

whereas, while the scope of the Ecodesign Directive was enlarged in 2009 to cover all energy-related products (excluding means of transport), no non-energy using products have yet been covered by ecodesign requirements;

| O. | whereas in the EU, all products should be designed, manufactured and marketed by making minimal use of hazardous substances, while ensuring the safety of the product so as to facilitate its recycling and reuse and at the same time maintaining high levels of protection of human health and the environment; |
| --- | --- |

O.

whereas in the EU, all products should be designed, manufactured and marketed by making minimal use of hazardous substances, while ensuring the safety of the product so as to facilitate its recycling and reuse and at the same time maintaining high levels of protection of human health and the environment;

| P. | whereas the Ecodesign Directive states that its complementarity with the REACH Regulation on chemicals should contribute to increasing their respective impacts and building coherent requirements for manufacturers to apply; whereas requirements related to the use of dangerous chemicals and their recycling have been limited so far; |
| --- | --- |

P.

whereas the Ecodesign Directive states that its complementarity with the REACH Regulation on chemicals should contribute to increasing their respective impacts and building coherent requirements for manufacturers to apply; whereas requirements related to the use of dangerous chemicals and their recycling have been limited so far;

| Q. | whereas a new database under the new Energy Labelling Regulation is being developed and the Information and Communication System on Market Surveillance (ICSMS) database is used in some, but not all, Member States; |
| --- | --- |

Q.

whereas a new database under the new Energy Labelling Regulation is being developed and the Information and Communication System on Market Surveillance (ICSMS) database is used in some, but not all, Member States;

| R. | whereas one of the priority objectives of the General Union Environmental Action Programme to 2020 (7th EAP) is to turn the Union into a resource-efficient, green and competitive low-carbon economy; whereas the EAP states that the Union policy framework should ensure that priority products placed on the Union market are ‘eco-designed’ with a view to optimising resource and material efficiency; |
| --- | --- |

R.

whereas one of the priority objectives of the General Union Environmental Action Programme to 2020 (7th EAP) is to turn the Union into a resource-efficient, green and competitive low-carbon economy; whereas the EAP states that the Union policy framework should ensure that priority products placed on the Union market are ‘eco-designed’ with a view to optimising resource and material efficiency;

| S. | whereas the EU action plan for the Circular Economy includes the commitment to emphasise circular economy aspects in future product design requirements under the Ecodesign Directive by systematically analysing issues such as reparability, durability, upgradability, recyclability, or the identification of certain materials or substances; |
| --- | --- |

S.

whereas the EU action plan for the Circular Economy includes the commitment to emphasise circular economy aspects in future product design requirements under the Ecodesign Directive by systematically analysing issues such as reparability, durability, upgradability, recyclability, or the identification of certain materials or substances;

| T. | whereas the Paris Agreement sets out a long-term goal in line with the objective to keep the global temperature increase well below 2 °C above pre- industrial levels and to pursue efforts to limit it to 1,5 °C above pre-industrial levels; whereas the EU is committed to contributing its fair share towards these goals through emissions reductions in all sectors; |
| --- | --- |

T.

whereas the Paris Agreement sets out a long-term goal in line with the objective to keep the global temperature increase well below 2 °C above pre- industrial levels and to pursue efforts to limit it to 1,5 °C above pre-industrial levels; whereas the EU is committed to contributing its fair share towards these goals through emissions reductions in all sectors;

| U. | whereas ecodesign measures should cover the whole lifecycle of products in order to improve resource efficiency in the Union, taking into account the fact that more than 80 % of a product’s environmental impact is determined at the design stage, which therefore plays a highly important role in promoting the circular economy aspects, durability, upgradability, reparability, reuse and recycling of a product; |
| --- | --- |

U.

whereas ecodesign measures should cover the whole lifecycle of products in order to improve resource efficiency in the Union, taking into account the fact that more than 80 % of a product’s environmental impact is determined at the design stage, which therefore plays a highly important role in promoting the circular economy aspects, durability, upgradability, reparability, reuse and recycling of a product;

| V. | whereas in addition to making more sustainable and resource-efficient products, the principles of the sharing economy and the service economy need to be strengthened, while Member States should pay special attention to low-income households, including those at risk of energy poverty, when presenting programmes to encourage the uptake of the most resource-efficient products and services; |
| --- | --- |

V.

whereas in addition to making more sustainable and resource-efficient products, the principles of the sharing economy and the service economy need to be strengthened, while Member States should pay special attention to low-income households, including those at risk of energy poverty, when presenting programmes to encourage the uptake of the most resource-efficient products and services;

| W. | whereas the Union is a party to the Stockholm Convention on Persistent Organic Pollutants (POPs), and is therefore required to take action on phasing out those hazardous substances, including by limiting their use at product design stage; |
| --- | --- |

W.

whereas the Union is a party to the Stockholm Convention on Persistent Organic Pollutants (POPs), and is therefore required to take action on phasing out those hazardous substances, including by limiting their use at product design stage;

An effective tool to deliver cost-effective energy savings

| 1. | Considers that the Ecodesign Directive has been a successful instrument for the improvement of energy efficiency, has resulted in a significant reduction in greenhouse gas emissions and has led to economic benefits for consumers; |
| --- | --- |

1.

| 2. | Recommends that the Commission continue to include more product groups selected on the basis of their ecodesign potential, including both energy efficiency and material efficiency potential as well as other environmental aspects, using the methodology set out in Article 15 of the directive, and that it keep existing standards up to date, in order to reap the full potential of the directive’s scope and objectives; |
| --- | --- |

2.

| 3. | Underlines that the Ecodesign Directive improves the functioning of the EU internal market through the definition of common product standards; stresses that the continued adoption of harmonised product requirements at EU level supports innovation, research and the competitiveness of EU manufacturers and ensures fair competition, while avoiding an unnecessary administrative burden; |
| --- | --- |

3.

| 4. | Recalls that the directive requires the Commission to come forward with implementing measures where a product meets the criteria, i.e. significant volumes of products sold, significant environmental impact and potential for improvement; stresses the responsibility placed on the Commission to respect this mandate and ensure that the benefits to consumers, the circular economy and the environment are effectively achieved, recognising that such product standards can only be applied at EU level and that Member States therefore rely on the Commission to take the necessary action; |
| --- | --- |

4.

| 5. | Believes that coordination with initiatives connected to the circular economy would further enhance the effectiveness of the directive; calls, therefore, for an ambitious plan on ecodesign and the circular economy, providing both environmental benefits and opportunities for sustainable growth and jobs, including in the SME sector, as well as advantages for consumers; notes that higher resource efficiency and the use of secondary raw materials in manufacturing offers considerable potential for cutting waste and economising on resources; |
| --- | --- |

5.

| 6. | Underlines that the Ecodesign Directive is part of a larger toolbox and that its effectiveness is dependent on synergies with other instruments, in particular on energy labelling; considers that overlapping regulations should be avoided; |
| --- | --- |

6.

Strengthening the decision-making process

| 7. | Highlights the key role of the Consultation Forum in bringing together industry, civil society and other stakeholders in the decision-making process and considers that this entity is working well; |
| --- | --- |

7.

| 8. | Is concerned by the sometimes significant delays in the development and adoption of implementing measures, which create uncertainty for economic operators, have led to significant missed opportunities for energy savings for consumers and the associated reductions in greenhouse gas emissions, and can cause adopted measures to lag behind technological developments; |
| --- | --- |

8.

| 9. | Notes that the implementation delays are due in part to the limited resources available within the Commission; calls on the Commission to deploy sufficient resources for the ecodesign process given the significant EU added value of the legislation; |
| --- | --- |

9.

| 10. | Urges the Commission to avoid delays in the adoption and publication of implementing measures and recommends defining clear deadlines and milestones for their finalisation and for the revision of existing regulations; considers that ecodesign measures should be adopted individually and released as soon as they are completed; |
| --- | --- |

10.

| 11. | Stresses the need to stick to the schedule provided for in the 2016-2019 Ecodesign Working Plan; |
| --- | --- |

11.

| 12. | Emphasises the need to base the ecodesign requirements on solid technical analysis and impact assessments, taking as a reference the best-performing products or technologies on the market and the technological development in each sector; calls on the Commission to give priority to the implementation and review of measures relating to products that have the greatest potential in terms of both primary energy savings and the circular economy; |
| --- | --- |

12.

| 13. | Recognises that the Ecodesign Directive allows for the use of voluntary agreements; underlines that voluntary agreements can be used instead of implementing measures where they cover a large majority of the market and are deemed capable of guaranteeing at least an equal level of environmental performance, and that they should guarantee a faster decision-making process; considers that the efficacy of the surveillance of voluntary agreements should be strengthened and the adequate involvement of civil society ensured; welcomes, in this respect, Commission Recommendation (EU) 2016/2125 on guidelines for self-regulation measures concluded by industry and asks the Commission to strictly monitor all voluntary agreements recognised under the Ecodesign Directive; |
| --- | --- |

13.

| 14. | Encourages the integration of technology learning curves into the Methodology for the Ecodesign of Energy-Related Products (MEERP) so as to anticipate technology improvements by the time the regulations enter into force and ensure the regulations remain up to date; |
| --- | --- |

14.

| 15. | Calls on the Commission to include assessments on release of microplastics into the aquatic environment in the ecodesign measures where appropriate; calls on the Commission to introduce mandatory requirements for microplastic filters in the review of the ecodesign measures for household washing machines and washer dryers; |
| --- | --- |

15.

From energy savings to resource efficiency

| 16. | Reiterates its call for a new impetus on the circular economy aspects of products and considers that the Ecodesign Directive provides significant potential for improving resource efficiency that is still untapped; |
| --- | --- |

16.

| 17. | Believes, therefore, that the implementation of the Ecodesign Directive – in addition to continued efforts to improve energy efficiency – must now systematically address the full lifecycle of each product group within its scope by the setting up of minimum resource efficiency criteria covering, inter alia, durability, robustness, reparability and upgradability, but also sharing potential, reuse, scalability, recyclability, possibility of remanufacturing, content of recycled or secondary raw materials, and the use of critical raw materials; |
| --- | --- |

17.

| 18. | Considers that the choice of circular economy criteria for each product group must be well specified and defined in a clear and objective manner, while being easily measurable and achievable at a proportionate cost, in order to ensure that the directive remains implementable; |
| --- | --- |

18.

| 19. | Calls for systematic in-depth analyses of the circular economy potential during preparatory studies for specific ecodesign measures relating to each product category; |
| --- | --- |

19.

| 20. | Emphasises that it is important that manufacturers should provide clear and objective instructions enabling users and independent repairers to repair products more easily, without specific equipment; also stresses the importance of providing information on the availability of spare parts and product lifetimes, where possible; |
| --- | --- |

20.

| 21. | Highlights the potential benefits of focusing on other environmental aspects beyond energy use, such as dangerous chemicals, release of microplastics, waste generation and material input, and calls for the tools under the directive to be used to enhance transparency for consumers; |
| --- | --- |

21.

| 22. | Considers that as more than 80 % of the environmental impact of a product is determined at the design stage, it is at that stage that, to a large extent, substances of concern can be avoided, substituted or limited; stresses that the use of materials and substances of critical importance, such as Rare Earth Elements (REE), or substances of a toxic nature or substances of concern, such as POPs and endocrine disrupters, must be specifically considered under the broadened ecodesign criteria in order to restrict their use or substitute them, where appropriate, or at least ensure the possibility of extracting/separating them at end-of-life, without prejudice to other harmonised legal requirements concerning those substances laid down at Union level; |
| --- | --- |

22.

| 23. | Calls for ecodesign requirements, in the case of energy-related products, not to create targets which are hard for EU producers to meet, particularly for small and medium-sized enterprises, whose capacity in relation to patented technologies is significantly smaller than that of market-leading companies; |
| --- | --- |

23.

| 24. | Welcomes in this regard the 2016-2019 Ecodesign work programme, which includes commitments to develop requirements and standards for material efficiency, supporting the use of secondary raw materials, and urges the Commission to complete this work as a matter of priority; considers that such criteria should be product-specific, based on robust analyses, focus on areas with clear improvement potential and be enforceable and verifiable by market surveillance authorities; considers that, when defining best practices, the use of results of past and ongoing research activities and cutting-edge innovations in waste electrical and electronic equipment recycling should be promoted; |
| --- | --- |

24.

| 25. | Believes that the development of a ‘system approach’ to consider not only the product but the whole system required for its functioning in the Ecodesign process is becoming an increasingly critical success factor for resource efficiency and urges the Commission to include more of such system-level opportunities in the next Ecodesign work programme; |
| --- | --- |

25.

| 26. | Believes that particular attention must be paid to water-using products where significant environmental benefits and important savings for consumers could be achieved; |
| --- | --- |

26.

| 27. | Calls on the Commission to encourage the recovery of critical raw materials also from mining waste; |
| --- | --- |

27.

| 28. | Notes that the Commission has postponed action on information and communication technologies (ICT) such as mobiles and smartphones, pending further assessments and given the rapid technological changes in this product group; considers, however, that these products, which are sold in large numbers and replaced frequently, have a clear potential for improvements, in particular in terms of resource efficiency, and that ecodesign criteria should therefore be applied to them and that efforts should be made to streamline the regulatory progress; stresses the need to carefully assess how to improve the ecodesign of product groups for which reparability and replacement of spare parts are key ecodesign parameters; |
| --- | --- |

28.

| 29. | Stresses the need for reparability to be facilitated by the availability of spare parts throughout the lifecycle of a product at a reasonable price in relation to the total cost of the product; |
| --- | --- |

29.

| 30. | Recalls its demands for a broad review of the Union’s product policy framework in order to address resource efficiency features; in this context, asks the Commission to assess whether the current ecodesign methodology could be used for other product categories in addition to energy-related products and to come forward with proposals for new legislation as appropriate; |
| --- | --- |

30.

| 31. | Stresses that, in order to ensure the use of recycled/secondary materials, the availability of high-quality secondary materials is imperative, and a well-organised market for secondary materials should therefore be established; |
| --- | --- |

31.

| 32. | Stresses the importance of attributing responsibility to producers and expanding guarantee periods and conditions, of obliging manufacturers to take responsibility for the management of the waste stage of a product’s lifecycle in line with the relevant Union legislation, of boosting reparability, upgradability, modularity and recyclability and of ensuring that raw materials and waste management remain within the European Union; |
| --- | --- |

32.

| 33. | Calls for the extension of minimum guarantees for consumer durable goods; |
| --- | --- |

33.

Improving market surveillance

| 34. | Insists on the need to strengthen the surveillance of products placed on the internal market through better cooperation and coordination between Member States and between the Commission and national authorities and through the provision of adequate financial resources to the market surveillance authorities; |
| --- | --- |

34.

| 35. | Calls on the Commission to examine the potential of establishing a digital product fact sheet (‘product passport’), as suggested in the Council conclusions of 18 December 2017 on eco-innovation, as a tool to disclose materials and substances used in products, which would also facilitate market surveillance; |
| --- | --- |

35.

| 36. | Calls for a more coherent and cost-effective market surveillance system across the Union to ensure compliance with the Ecodesign Directive, and makes the following recommendations:






  — | that national authorities be required to use the ICSMS database to share all the results of product compliance checks and testing carried out for all products covered by Ecodesign regulations; this database should include all relevant information for compliant and non-compliant products in order to avoid unnecessary testing in another Member State and should be user-friendly and easily accessible; |
| --- | --- | --- |

36.

—

that national authorities be required to use the ICSMS database to share all the results of product compliance checks and testing carried out for all products covered by Ecodesign regulations; this database should include all relevant information for compliant and non-compliant products in order to avoid unnecessary testing in another Member State and should be user-friendly and easily accessible;

| — | that the general product registration database for energy labelled products be extended to all products covered by Ecodesign regulations; |
| --- | --- |

—

that the general product registration database for energy labelled products be extended to all products covered by Ecodesign regulations;

| — | that national authorities be required to draw up specific plans for their market surveillance activities in the area of ecodesign, to be notified to other Member States and to the Commission as provided for under Regulation (EC) No 765/2008 (9); Member States should include random inspections in these plans; |
| --- | --- |

—

that national authorities be required to draw up specific plans for their market surveillance activities in the area of ecodesign, to be notified to other Member States and to the Commission as provided for under Regulation (EC) No 765/2008 (9); Member States should include random inspections in these plans;

| — | that fast screening methods be applied to detect products that do not comply with the regulations, and that these be elaborated in cooperation with industry experts and shared with public bodies; |
| --- | --- |

—

that fast screening methods be applied to detect products that do not comply with the regulations, and that these be elaborated in cooperation with industry experts and shared with public bodies;

| — | that the Commission consider defining a minimum percentage of products on the market to be tested, as well as develop a mandate for carrying out its own independent market surveillance and make proposals, as appropriate; |
| --- | --- |

—

that the Commission consider defining a minimum percentage of products on the market to be tested, as well as develop a mandate for carrying out its own independent market surveillance and make proposals, as appropriate;

| — | that deterrent measures be adopted, including: sanctions for non-compliant manufacturers proportional to the impact of non-compliance on the entire European market and compensation for consumers who have purchased non-compliant products, even beyond the legal warranty period, including through collective redress; |
| --- | --- |

—

that deterrent measures be adopted, including: sanctions for non-compliant manufacturers proportional to the impact of non-compliance on the entire European market and compensation for consumers who have purchased non-compliant products, even beyond the legal warranty period, including through collective redress;

| — | that particular attention be paid to non-EU imports and products sold online; |
| --- | --- |

—

that particular attention be paid to non-EU imports and products sold online;

| — | that coherence be ensured with the Commission’s proposal for a regulation laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products (COM(2017)0795), the scope of which includes products regulated under the Ecodesign Directive; in this context, supports the facilitation at EU level of joint testing; |
| --- | --- |

—

that coherence be ensured with the Commission’s proposal for a regulation laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products (COM(2017)0795), the scope of which includes products regulated under the Ecodesign Directive; in this context, supports the facilitation at EU level of joint testing;

| 37. | Highlights the importance of appropriate and clearly defined harmonised testing standards and stresses that test protocols as close as possible to real-life conditions should be developed; underlines that test methods should be robust and designed and executed in a way that rules out manipulation and intentional or unintentional amelioration of the results; considers that the tests should not give rise to an unreasonable burden for businesses, in particular taking into account SMEs, which do not have the same capacity as their bigger competitors; welcomes Commission Regulation (EU) 2016/2282 on the use of tolerances in verification procedures; |
| --- | --- |

37.

| 38. | Calls for the Commission to support Member States in their enforcement work and for enhanced cooperation when a product is found to be non-compliant; stresses the need for guidance for manufacturers and importers on the detailed requirements of the documents needed for the market surveillance authorities; |
| --- | --- |

38.

Other recommendations

| 39. | Stresses the need to ensure consistency and convergence between ecodesign regulations and horizontal regulations such as Union legislation on chemicals and waste, including REACH and the WEEE and RoHS Directives, and highlights the need to strengthen synergies with Green Public Procurement and the EU Ecolabel; |
| --- | --- |

39.

| 40. | Underlines the link between the Ecodesign Directive and the Energy Performance of Buildings Directive; calls on Member States to incentivise the market uptake of efficient products and services and to step up their inspection and advice activities; believes that improving the ecodesign of energy-related products can in turn have a positive impact on the energy performance of buildings; |
| --- | --- |

40.

| 41. | Underlines the need to provide the general public, and in particular the media, with clear information about the benefits of ecodesign ahead of the release of a measure, and encourages the Commission and the Member States to communicate proactively on the benefits of ecodesign measures as an integral part of the process of adopting these measures, and to engage more actively with stakeholders to improve people’s understanding of the legislation; |
| --- | --- |

41.

| 42. | Stresses that the transition to a sustainable and circular economy will present not only many opportunities but also social challenges; considers, as nobody should be left behind, that the Commission and the Member States should pay special attention to low-income households at risk of energy poverty when presenting programmes to encourage the uptake of the most resource-efficient products; believes that such programmes should not hinder innovation but should continue to allow manufacturers to offer consumers a broad range of high-quality products, and that they should also favour the market penetration of energy-related and water-using products capable of achieving greater resource efficiency and savings for consumers; |
| --- | --- |

42.

| 43. | Calls on the EU institutions and the Member States to set the right example by establishing and making full use of the circular economy and the Green Public Procurement strategies (GPP) in order to prioritise proven sustainable products, such as Ecolabel products, and the highest resource efficiency standards in all investments, and to promote a widespread use of green procurement, including in the private sector; |
| --- | --- |

43.

o

o o

| 44. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

44.

---

(1)  OJ L 285, 31.10.2009, p. 10.

(2)  OJ L 198, 28.7.2017, p. 1.

(3)  OJ L 354, 28.12.2013, p. 171.

(4)  http://www.consilium.europa.eu/media/32274/eco-innovation-conclusions.pdf

(5)  OJ C 265, 11.8.2017, p. 65.

(6)  Texts adopted, P8_TA(2017)0287.

(7)  Commission Regulation (EC) No 244/2009 of 18 March 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for non-directional household lamps (OJ L 76, 24.3.2009, p. 3).

(8)  8 Commission Regulation (EU) No 1194/2012 of 12 December 2012 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for directional lamps, light emitting diode lamps and related equipment (OJ L 342, 14.12.2012, p. 1).

(9)  Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products (OJ L 218, 13.8.2008, p. 30).

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/200 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/200

---

P8_TA(2018)0242

Responding to petitions on tackling precariousness and the abusive use of fixed-term contracts

European Parliament resolution of 31 May 2018 on Responding to petitions on tackling precariousness and the abusive use of fixed-term contracts (2018/2600(RSP))

(2020/C 76/24)

The European Parliament,

| — | having regard to Articles 153(1) (a) and (b), 155(1) and 352 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Articles 153(1) (a) and (b), 155(1) and 352 of the Treaty on the Functioning of the European Union,

| — | having regard to Articles 4 and 30 of the European Social Charter and to Articles 31 and 32 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Articles 4 and 30 of the European Social Charter and to Articles 31 and 32 of the Charter of Fundamental Rights of the European Union,

| — | having regard to the anti-discrimination and anti-abuse measures of Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Annex: Framework agreement on part-time work (1) (Part-time Work Directive), |
| --- | --- |

—

having regard to the anti-discrimination and anti-abuse measures of Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Annex: Framework agreement on part-time work (1) (Part-time Work Directive),

| — | having regard to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (2) (Fixed-Term Work Directive), |
| --- | --- |

—

having regard to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (2) (Fixed-Term Work Directive),

| — | having regard to Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (3) (Working Time Directive), |
| --- | --- |

—

having regard to Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (3) (Working Time Directive),

| — | having regard to Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (4), |
| --- | --- |

—

having regard to Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (4),

| — | having regard to Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (5) (European Works Council Directive), |
| --- | --- |

—

having regard to Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (5) (European Works Council Directive),

| — | having regard to International Labour Organisation (ILO) Convention 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively, and Convention 175 concerning Part-Time Work, |
| --- | --- |

—

having regard to International Labour Organisation (ILO) Convention 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively, and Convention 175 concerning Part-Time Work,

| — | having regard to its resolution of 4 July 2017 on working conditions and precarious employment (6), |
| --- | --- |

—

having regard to its resolution of 4 July 2017 on working conditions and precarious employment (6),

| — | having regard to the study entitled ‘Temporary contracts, precarious employment, employees’ fundamental rights and EU employment law’ published by its Directorate-General for Internal Policies in November 2017 (7), |
| --- | --- |

—

having regard to the study entitled ‘Temporary contracts, precarious employment, employees’ fundamental rights and EU employment law’ published by its Directorate-General for Internal Policies in November 2017 (7),

| — | having regard to the numerous petitions on violations of the Fixed-Term Work Directive in the public sector (8), on the precarious working conditions of workers employed on zero-hours contracts in the private sector (9), on trade union representation and on discrepancies in social security systems (10) and opposing the increasing use of temporary contracts (11), |
| --- | --- |

—

having regard to the numerous petitions on violations of the Fixed-Term Work Directive in the public sector (8), on the precarious working conditions of workers employed on zero-hours contracts in the private sector (9), on trade union representation and on discrepancies in social security systems (10) and opposing the increasing use of temporary contracts (11),

| — | having regard to the new proposals by the Commission for a Regulation of the European Parliament and of the Council establishing a European Labour Authority (COM(2018)0131) and for a Council recommendation on access to social protection for workers and the self-employed (COM(2018)0132), |
| --- | --- |

—

having regard to the new proposals by the Commission for a Regulation of the European Parliament and of the Council establishing a European Labour Authority (COM(2018)0131) and for a Council recommendation on access to social protection for workers and the self-employed (COM(2018)0132),

| — | having regard to the outcome of the hearing organised by the Committee on Petitions on 22 November 2017 on ‘Protection of the rights of workers in temporary or precarious employment, based on petitions received’ , |
| --- | --- |

—

having regard to the outcome of the hearing organised by the Committee on Petitions on 22 November 2017 on ‘Protection of the rights of workers in temporary or precarious employment, based on petitions received’ ,

| — | having regard to Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship (12), |
| --- | --- |

—

having regard to Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship (12),

| — | having regard to the Commission proposal for a directive of the European Parliament and of the Council on transparent and predictable working conditions in the European Union, repealing Council Directive 91/533/EEC (COM(2017)0797), |
| --- | --- |

—

having regard to the Commission proposal for a directive of the European Parliament and of the Council on transparent and predictable working conditions in the European Union, repealing Council Directive 91/533/EEC (COM(2017)0797),

| — | having regard to the question to the Commission on ‘Responding to petitions on tackling precariousness and the abusive use of fixed-term contracts’ (O-000054/2018 – B8-0022/2018), |
| --- | --- |

—

having regard to the question to the Commission on ‘Responding to petitions on tackling precariousness and the abusive use of fixed-term contracts’ (O-000054/2018 – B8-0022/2018),

| — | having regard to the motion for a resolution of the Committee on Petitions, |
| --- | --- |

—

having regard to the motion for a resolution of the Committee on Petitions,

| — | having regard to Rules 128(5) and 123(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 128(5) and 123(2) of its Rules of Procedure,

| A. | whereas the number of workers with fixed-term and part-time contracts has increased in the EU over the past 15 years, as a result of the austerity policies and curtailments of labour rights that were implemented, which have led to increasing precariousness and labour instability; whereas efficient policies are needed to encompass the various forms of employment and adequately protect workers; |
| --- | --- |

A.

whereas the number of workers with fixed-term and part-time contracts has increased in the EU over the past 15 years, as a result of the austerity policies and curtailments of labour rights that were implemented, which have led to increasing precariousness and labour instability; whereas efficient policies are needed to encompass the various forms of employment and adequately protect workers;

| B. | whereas precarious working conditions arise from the existence of major gaps in the effective protection of workers’ rights at different levels of regulation, including EU primary and secondary law and Member States’ law; whereas petitions concerning different types of employment should be considered in full accordance with the national legislation of the respective Member State from which they originate and with relevant EU law; whereas the EU’s social and labour policy is based on the subsidiarity principle; |
| --- | --- |

B.

whereas precarious working conditions arise from the existence of major gaps in the effective protection of workers’ rights at different levels of regulation, including EU primary and secondary law and Member States’ law; whereas petitions concerning different types of employment should be considered in full accordance with the national legislation of the respective Member State from which they originate and with relevant EU law; whereas the EU’s social and labour policy is based on the subsidiarity principle;

| C. | whereas there is a need to adapt policy responses to reflect the fact that precariousness is a dynamic aspect affecting all personal work relations; whereas the fight against precarious work needs to be pursued through an integrated multi-level policy package that promotes inclusive and effective labour standards alongside effective measures to ensure respect for the principle of equality; |
| --- | --- |

C.

whereas there is a need to adapt policy responses to reflect the fact that precariousness is a dynamic aspect affecting all personal work relations; whereas the fight against precarious work needs to be pursued through an integrated multi-level policy package that promotes inclusive and effective labour standards alongside effective measures to ensure respect for the principle of equality;

| D. | whereas the goal of effectively tackling unfair employment practices leading to precariousness should be also pursued on the basis of the ILO’s Decent Work Agenda, which looks at job creation, rights at work, social protection and social dialogue, with gender equality as a cross-cutting objective; |
| --- | --- |

D.

whereas the goal of effectively tackling unfair employment practices leading to precariousness should be also pursued on the basis of the ILO’s Decent Work Agenda, which looks at job creation, rights at work, social protection and social dialogue, with gender equality as a cross-cutting objective;

| E. | whereas Eurostat and Eurofound data on involuntary temporary employment, on gender and age discrepancies in temporary employment, and on the underemployment of a notable proportion of part-time workers, show a growing emergence of non-standard, atypical forms of employment; whereas the data on unemployment by gender and age shows that their rates are at their lowest since 2009; |
| --- | --- |

E.

whereas Eurostat and Eurofound data on involuntary temporary employment, on gender and age discrepancies in temporary employment, and on the underemployment of a notable proportion of part-time workers, show a growing emergence of non-standard, atypical forms of employment; whereas the data on unemployment by gender and age shows that their rates are at their lowest since 2009;

| F. | whereas several Member States have, over the years, experienced a significant increase in atypical and temporary employment contracts in both public and private sectors, in a legal framework where the abusive use of fixed-term contracts could neither be adequately prevented nor sanctioned owing to the absence of effective and proportionate remedies; whereas this has undermined the integrity of European employment legislation and the jurisprudence of the Court of Justice of the European Union; |
| --- | --- |

F.

whereas several Member States have, over the years, experienced a significant increase in atypical and temporary employment contracts in both public and private sectors, in a legal framework where the abusive use of fixed-term contracts could neither be adequately prevented nor sanctioned owing to the absence of effective and proportionate remedies; whereas this has undermined the integrity of European employment legislation and the jurisprudence of the Court of Justice of the European Union;

| G. | whereas there is a comprehensive framework of EU legislation in place that should curb the risk of precariousness of certain types of employment relationships, such as the Fixed-Term Contracts Directive, the Part-time Work Directive, the Temporary Work Directive, the Working Time Directive, the Equal Treatment in Employment and Occupation Directive, the Equal Treatment between Persons Directive and the Equal Opportunities and Equal Treatment Directive; |
| --- | --- |

G.

whereas there is a comprehensive framework of EU legislation in place that should curb the risk of precariousness of certain types of employment relationships, such as the Fixed-Term Contracts Directive, the Part-time Work Directive, the Temporary Work Directive, the Working Time Directive, the Equal Treatment in Employment and Occupation Directive, the Equal Treatment between Persons Directive and the Equal Opportunities and Equal Treatment Directive;

| H. | whereas the Commission accumulated long delays in handling infringement proceedings concerning the breach of EU labour legislation by some Member States, allowing the abusive use of fixed-term contracts and violations of workers’ rights to go on for years; |
| --- | --- |

H.

whereas the Commission accumulated long delays in handling infringement proceedings concerning the breach of EU labour legislation by some Member States, allowing the abusive use of fixed-term contracts and violations of workers’ rights to go on for years;

| I. | whereas recent information related to petitions concerning the abuse of fixed-term contracts in the public sector has highlighted the situation of some temporary workers who had been dismissed by the public body for whom they were working following rulings declaring that they had suffered from an abusive use of fixed-term contracts, in breach of Directive 1999/70/EC concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP; |
| --- | --- |

I.

whereas recent information related to petitions concerning the abuse of fixed-term contracts in the public sector has highlighted the situation of some temporary workers who had been dismissed by the public body for whom they were working following rulings declaring that they had suffered from an abusive use of fixed-term contracts, in breach of Directive 1999/70/EC concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP;

| J. | whereas working conditions differ from one Member State to another, as each has its own specific legislation related to employment contracts; |
| --- | --- |

J.

whereas working conditions differ from one Member State to another, as each has its own specific legislation related to employment contracts;

| K. | whereas the Committee on Petitions has heard strong evidence about the growth of precarious work; |
| --- | --- |

K.

whereas the Committee on Petitions has heard strong evidence about the growth of precarious work;

| L. | whereas workers on zero-hours contracts must be considered as workers under EU law, as they work under the direction of another and receive remuneration for that work, and therefore the social legislation of the EU must apply; |
| --- | --- |

L.

whereas workers on zero-hours contracts must be considered as workers under EU law, as they work under the direction of another and receive remuneration for that work, and therefore the social legislation of the EU must apply;

| M. | whereas precarious employment, including zero-hours contracts, results in inadequate access to social protection and undermines the right to collective bargaining, particularly in terms of benefits and protection from unfair dismissal, while also impinging on career development and training; whereas precarious employment leads to overall life precariousness; |
| --- | --- |

M.

whereas precarious employment, including zero-hours contracts, results in inadequate access to social protection and undermines the right to collective bargaining, particularly in terms of benefits and protection from unfair dismissal, while also impinging on career development and training; whereas precarious employment leads to overall life precariousness;

| N. | whereas women are more likely to work part-time or on time-limited or low-wage contracts and are therefore more at risk of precariousness resulting from discrimination in the labour market, and this is slowing down progress in combating and eliminating the gender pay and pension gaps; |
| --- | --- |

N.

whereas women are more likely to work part-time or on time-limited or low-wage contracts and are therefore more at risk of precariousness resulting from discrimination in the labour market, and this is slowing down progress in combating and eliminating the gender pay and pension gaps;

| 1. | Understands precarious employment to mean employment which arises from, among other things, an abusive use of temporary employment contracts in violation of international standards on working conditions, labour rights and EU law; underlines that precarious employment implies higher exposure to socio-economic vulnerability, insufficient resources for a decent life and inadequate social protection; |
| --- | --- |

1.

| 2. | Highlights that it is important to make a distinction between atypical work and the existence of precarious employment; stresses that the terms ‘atypical’ and ‘precarious’ cannot be used synonymously; |
| --- | --- |

2.

| 3. | Takes note of Parliament’s resolution of 4 July 2017 on working conditions and precarious employment and of the petitions received, and underlines that the risk of precariousness depends on the type of contract but also on the following factors:






  — | little or no job security owing to the non-permanent nature of the work, as in involuntary and often marginal part-time contracts, and, in some Member States, unclear working hours and duties that change owing to on-demand work; |
| --- | --- | --- |

3.

—

little or no job security owing to the non-permanent nature of the work, as in involuntary and often marginal part-time contracts, and, in some Member States, unclear working hours and duties that change owing to on-demand work;

| — | rudimentary protection from dismissal and lack of sufficient social protection in case of dismissal; |
| --- | --- |

—

rudimentary protection from dismissal and lack of sufficient social protection in case of dismissal;

| — | insufficient remuneration for a decent standard of living; |
| --- | --- |

—

insufficient remuneration for a decent standard of living;

| — | no or limited social protection rights or benefits; |
| --- | --- |

—

no or limited social protection rights or benefits;

| — | no or limited protection against any form of discrimination; |
| --- | --- |

—

no or limited protection against any form of discrimination;

| — | no or limited prospects for advancement in the labour market or career development and training; |
| --- | --- |

—

no or limited prospects for advancement in the labour market or career development and training;

| — | low level of collective rights and limited rights to collective representation; |
| --- | --- |

—

low level of collective rights and limited rights to collective representation;

| — | a working environment that fails to meet minimum health and safety standards; |
| --- | --- |

—

a working environment that fails to meet minimum health and safety standards;

| 4. | Calls on the Commission and the Member States to combat precarious employment such as zero-hours contracts by ensuring the development of new instruments and coherent respect for the jurisprudence of the Court of Justice of the European Union, as well as the concrete enforcement of EU and national legislation at national level with a view to solving the decent work deficit and implementing a rights-based approach; calls on the Commission and the Member States to cooperate with all social partners – particularly trade unions – and relevant stakeholders, promoting qualitative, secure and well-paid employment, in order to, inter alia, strengthen labour inspectorates; |
| --- | --- |

4.

| 5. | Urges the Commission to take immediate action in its legislation to effectively address the employment practices leading to precariousness; |
| --- | --- |

5.

| 6. | Calls on the Commission to step up its efforts to end unfair terms in employment contracts by addressing all abuses and loopholes; acknowledges the new proposal for a directive on Transparent and Predictable Working Conditions, which aims to establish new rights for all workers, particularly in order to improve working conditions for workers in new forms of employment and non-standard employment, while limiting the burdens on employers and maintaining labour market adaptability; |
| --- | --- |

6.

| 7. | Welcomes specifically the provisions on a right to seek additional employment, with a ban on exclusivity clauses and limits on incompatibility clauses, and a right to be informed of the commencement date of work at a reasonable time in advance of that date; |
| --- | --- |

7.

| 8. | Stresses that the Working Time Directive can and must be applied to workers on zero-hours contracts and that they are therefore covered by the rules on minimum rest periods and maximum working times; |
| --- | --- |

8.

| 9. | Calls on the Member States to take account of the ILO indicators in determining the existence of an employment relationship as a means of addressing the lack of protection offered by precarious employment; |
| --- | --- |

9.

| 10. | Notes that access to social protection is crucial for the economic and social safety of the work force and for well-functioning labour markets that create jobs and sustainable growth; |
| --- | --- |

10.

| 11. | Underlines that inspections must be ensured so that workers subject to temporary or flexible contractual arrangements benefit from at least the same protection as all other workers; notes that a targeted effort to use existing ILO instruments in a specific campaign against precarious work is necessary, and that serious consideration should be given to the need for new binding instruments and legal measures that would restrict and reduce precarious work and make precarious work contracts less attractive to employers; |
| --- | --- |

11.

| 12. | Strongly believes that an overall assessment of the circumstances surrounding the renewal of fixed-term employment contracts must be carried out, as the services required of the worker were not able to meet merely temporary needs, thus revealing the existence of an abuse in violation of Clause 5 of the Framework Agreement of Directive 1999/70/EC; |
| --- | --- |

12.

| 13. | Calls on the Commission and Member States to fully ensure equal pay for equal work at the same workplace; |
| --- | --- |

13.

| 14. | Insists that the Commission and the Member States assess legislation concerning precarious work in relation to its gender impact; considers it necessary to focus on various existing measures concerning the needs of women in precarious work, as an already over-represented group that will continue to be overly affected; |
| --- | --- |

14.

| 15. | Recalls that the premise on which Directive 1999/70/EC on Framework Agreement fixed-term contracts is grounded is that employment contracts of indefinite duration are the general form of employment relationship, while fixed-term employment contracts are only a feature of employment in certain sectors or of certain occupations and activities; |
| --- | --- |

15.

| 16. | Denounces the renewal of fixed-term employment contracts with the aim of covering needs which are not temporary in nature but fixed and permanent, as this represents a violation of Directive 1999/70/EC; |
| --- | --- |

16.

| 17. | Notes that the Court of Justice of the European Union has established that the conversion of a fixed-term contract into a contract of indefinite duration constitutes a measure which is consistent with the requirements resulting from EU law in that it prevents the misuse of fixed-term contracts and results in definitive elimination of the consequences of misuse (13); |
| --- | --- |

17.

| 18. | Highlights that the conversion of a fixed-term contract into a contract of indefinite duration must be considered as a measure to effectively prevent and sanction the abuse of fixed-term contracts in both public and private sectors, and must be clearly and consistently included by all Member States in their relevant legal frameworks on labour law; |
| --- | --- |

18.

| 19. | Highlights that the conversion of a fixed-term contract into a contract of indefinite duration for a worker who has suffered an abuse of fixed-term contracts, in violation of Directive 1999/70/EC, does not exonerate a Member State from the obligation to punish that abuse including, in addition, the possibility for the affected worker to obtain compensation for any damages suffered in the past; |
| --- | --- |

19.

| 20. | Underlines that if a Member State chooses to punish discrimination or abuse against a temporary worker in breach of EU law by awarding compensation to the affected worker, that compensation must in any event be adequate and effective and must fully compensate all damages suffered; |
| --- | --- |

20.

| 21. | Stresses that the budgetary considerations underlying a Member State’s choice of social policy cannot justify the lack of effective measures aimed at preventing and duly punishing the misuse of successive fixed-term employment contracts; stresses, in fact, that the adoption of such effective measures, in full compliance with EU law, is necessary to nullify the consequences of violation of workers’ rights; |
| --- | --- |

21.

| 22. | Condemns the fact that workers who had been recognised by the competent judicial authorities as victims of an abusive use of fixed-term contracts, in violation of Directive 1999/70/EC, have been made redundant; strongly believes that where abuses of successive fixed-term contracts have taken place, a measure offering effective and equivalent guarantees for the protection of workers can be applied in order to duly punish the abuse and to nullify the consequences of the breach of EU law, as well as to safeguard the employment position of the workers affected; |
| --- | --- |

22.

| 23. | Invites the Member States to improve job standards in non-conventional jobs by providing, at the very least, a set of minimum standards for social protection, minimum wage levels and access to training and development; |
| --- | --- |

23.

| 24. | Calls on the Member States to take measures to respect, promote and concretise the fundamental principles and workplace rights that concern those working in the informal economy, and to put in place appropriate mechanisms or review existing ones in order to ensure compliance with national laws and regulations and to recognise and enforce employment relationships in such a way as to facilitate workers’ transition to the formal economy; |
| --- | --- |

24.

| 25. | Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States. |
| --- | --- |

25.

---

(1)  OJ L 14, 20.1.1998, p. 9.

(2)  OJ L 175, 10.7.1999, p. 43.

(3)  OJ L 299, 18.11.2003, p. 9.

(4)  OJ L 327, 5.12.2008, p. 9.

(5)  OJ L 122, 16.5.2009, p. 28.

(6)  Texts adopted, P8_TA(2017)0290.

(7)  http://www.europarl.europa.eu/RegData/etudes/STUD/2017/596823/IPOL_STU(2017)596823_EN.pdf

(8)  0389/2015, 1328/2015, 0044/2016, 0988/2016, 1108/2016, 1202/2016, 1310/2016, 0188/2017, 0268/2017, 0283/2017, 0640/2017, 0701/2017.

(9)  0019/2016, 0020/2016, 0021/2016, 0099/2017, 1162/2017.

(10)  0019/2016, 0442/2017.

(11)  1043/2017.

(12)  OJ L 288, 18.10.1991, p. 32.

(13)  Judgment of the Court of Justice of 26 November 2014, Mascolo, C-22/13, ECLI:EU:C:2014:2401, paragraph 55.

---

RECOMMENDATIONS

| 9.3.2020 | EN | Official Journal of the European Union | C 76/206 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/206

---

P8_TA(2018)0227

Libya

European Parliament recommendation of 30 May 2018 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on Libya (2018/2017(INI))

(2020/C 76/25)

The European Parliament,

| — | having regard to UN Security Council resolution 2259 (2015) and subsequent resolutions, |
| --- | --- |

—

having regard to UN Security Council resolution 2259 (2015) and subsequent resolutions,

| — | having regard to the Libyan Political Agreement, |
| --- | --- |

—

having regard to the Libyan Political Agreement,

| — | having regard to the report of the Secretary-General on the UN Support Mission in Libya, of 22 August 2017, |
| --- | --- |

—

having regard to the report of the Secretary-General on the UN Support Mission in Libya, of 22 August 2017,

| — | having regard to UN Security Council resolution 1973 (2011) and all subsequent UNSC resolutions concerning Libya, including 2380 (2017), |
| --- | --- |

—

having regard to UN Security Council resolution 1973 (2011) and all subsequent UNSC resolutions concerning Libya, including 2380 (2017),

| — | having regard to the report of the UN Secretary-General pursuant to Security Council resolution 2312 (2016), |
| --- | --- |

—

having regard to the report of the UN Secretary-General pursuant to Security Council resolution 2312 (2016),

| — | having regard to the statement of the UN High Commissioner for Human Rights of 14 November 2017 on the suffering of migrants in Libya which is an outrage to conscience of humanity, |
| --- | --- |

—

having regard to the statement of the UN High Commissioner for Human Rights of 14 November 2017 on the suffering of migrants in Libya which is an outrage to conscience of humanity,

| — | having regard to the Report of the Office of the UN High Commissioner for Human Rights of April 2018 entitled ‘Abuse Behind Bars: Arbitrary and unlawful detention in Libya’, |
| --- | --- |

—

having regard to the Report of the Office of the UN High Commissioner for Human Rights of April 2018 entitled ‘Abuse Behind Bars: Arbitrary and unlawful detention in Libya’,

| — | having regard to its resolutions of 18 September 2014 (1), 15 January 2015 (2) and 4 February 2016 (3) on the situation in Libya, |
| --- | --- |

—

having regard to its resolutions of 18 September 2014 (1), 15 January 2015 (2) and 4 February 2016 (3) on the situation in Libya,

| — | having regard to the Declaration of the Co-Presidents of the ACP-EU Joint Parliamentary Assembly on the situation of migrants in Libya, of 20 December 2017, |
| --- | --- |

—

having regard to the Declaration of the Co-Presidents of the ACP-EU Joint Parliamentary Assembly on the situation of migrants in Libya, of 20 December 2017,

| — | having regard to the United Nations Convention on the Law of the Sea, |
| --- | --- |

—

having regard to the United Nations Convention on the Law of the Sea,

| — | having regard to the EU Global Approach to Migration and Mobility, |
| --- | --- |

—

having regard to the EU Global Approach to Migration and Mobility,

| — | having regard to the joint communication from the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of 25 January 2017 entitled ‘Migration on the Central Mediterranean route – Managing flows, saving lives’ (JOIN(2017)0004), |
| --- | --- |

—

having regard to the joint communication from the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of 25 January 2017 entitled ‘Migration on the Central Mediterranean route – Managing flows, saving lives’ (JOIN(2017)0004),

| — | having regard to the Malta Declaration of 3 February 2017, |
| --- | --- |

—

having regard to the Malta Declaration of 3 February 2017,

| — | having regard to the Joint Africa-EU Strategy and its action plan, |
| --- | --- |

—

having regard to the Joint Africa-EU Strategy and its action plan,

| — | having regard to the Joint Statement on the Migrant Situation in Libya, agreed at the African Union - European Union Summit 2017 and the establishment of the high-level trilateral AU-EU-UN Task Force, |
| --- | --- |

—

having regard to the Joint Statement on the Migrant Situation in Libya, agreed at the African Union - European Union Summit 2017 and the establishment of the high-level trilateral AU-EU-UN Task Force,

| — | having regard to the Council conclusions on Libya of 17 July 2017, |
| --- | --- |

—

having regard to the Council conclusions on Libya of 17 July 2017,

| — | having regard to the European Council conclusions of 19 October 2017, |
| --- | --- |

—

having regard to the European Council conclusions of 19 October 2017,

| — | having regard to Rule 113 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 113 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs (A8-0159/2018), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A8-0159/2018),

| A. | whereas the situation in Libya is highly fragile and the country is facing a number of complex, interrelated challenges regarding political stability, economic development, and security; |
| --- | --- |

A.

whereas the situation in Libya is highly fragile and the country is facing a number of complex, interrelated challenges regarding political stability, economic development, and security;

| B. | whereas the crisis in Libya has an enormous impact on the people of Libya and also affects the whole surrounding region and the EU, and it is therefore crucial, for the sake of the Libyan population as well as neighbouring countries and the Sub-Saharan and Mediterranean regions, to ensure political stability in Libya, as a fundamental prerequisite for improving the country’s economic and social situation; |
| --- | --- |

B.

whereas the crisis in Libya has an enormous impact on the people of Libya and also affects the whole surrounding region and the EU, and it is therefore crucial, for the sake of the Libyan population as well as neighbouring countries and the Sub-Saharan and Mediterranean regions, to ensure political stability in Libya, as a fundamental prerequisite for improving the country’s economic and social situation;

| C. | whereas stability in the south of Libya is a particular concern given the fragile state of its neighbouring countries, with a potential jihadist insurgency threatening weakened governments in the Sahel-Sahara region; |
| --- | --- |

C.

whereas stability in the south of Libya is a particular concern given the fragile state of its neighbouring countries, with a potential jihadist insurgency threatening weakened governments in the Sahel-Sahara region;

| D. | whereas the EU should communicate more proactively on its diplomatic efforts and its large financial contribution towards consolidating the security and socio-economic situation in Libya; |
| --- | --- |

D.

whereas the EU should communicate more proactively on its diplomatic efforts and its large financial contribution towards consolidating the security and socio-economic situation in Libya;

| E. | whereas the conflict in Libya can only be solved through a coherent, comprehensive and inclusive approach involving all international actors and stakeholders, including representatives of the various local communities, the tribal chiefs and civil society activists, and by ensuring Libyan ownership of and inclusiveness in the peace process; |
| --- | --- |

E.

whereas the conflict in Libya can only be solved through a coherent, comprehensive and inclusive approach involving all international actors and stakeholders, including representatives of the various local communities, the tribal chiefs and civil society activists, and by ensuring Libyan ownership of and inclusiveness in the peace process;

| F. | whereas the Libyan Political Agreement and the UN Action Plan for Libya currently constitute the only viable framework for a solution to the crisis; |
| --- | --- |

F.

whereas the Libyan Political Agreement and the UN Action Plan for Libya currently constitute the only viable framework for a solution to the crisis;

| G. | whereas, through diplomatic action and concrete support, the EU is assisting Libya’s political transition towards a stable, functioning country and is supporting the UN-led mediation efforts in this regard; |
| --- | --- |

G.

whereas, through diplomatic action and concrete support, the EU is assisting Libya’s political transition towards a stable, functioning country and is supporting the UN-led mediation efforts in this regard;

| H. | whereas it is of the utmost importance that all Member States speak with one voice, strengthening EU mediation efforts and emphasising the central role of the UN and of the UN action plan; whereas individual initiatives by Member States are in all cases to be welcomed only if they are taken within the European framework and are fully in line with EU foreign policy; |
| --- | --- |

H.

whereas it is of the utmost importance that all Member States speak with one voice, strengthening EU mediation efforts and emphasising the central role of the UN and of the UN action plan; whereas individual initiatives by Member States are in all cases to be welcomed only if they are taken within the European framework and are fully in line with EU foreign policy;

| I. | whereas EU action is showing results on the migration front, given that the figures fell by one third at the end of 2017 compared to 2016 and for the early months of 2018 the figures are 50 % down on those for the same period last year; |
| --- | --- |

I.

whereas EU action is showing results on the migration front, given that the figures fell by one third at the end of 2017 compared to 2016 and for the early months of 2018 the figures are 50 % down on those for the same period last year;

| J. | whereas Libya is a key point of transit and departure for migrants attempting to reach Europe, particularly from sub-Saharan Africa; whereas thousands of migrants and refugees fleeing the violence in Libya have lost their lives in attempting to cross the Mediterranean in order to reach Europe; |
| --- | --- |

J.

whereas Libya is a key point of transit and departure for migrants attempting to reach Europe, particularly from sub-Saharan Africa; whereas thousands of migrants and refugees fleeing the violence in Libya have lost their lives in attempting to cross the Mediterranean in order to reach Europe;

| K. | whereas migrants are among those suffering the most as a result of the security problems in Libya, as they are often the victims of arbitrary violence, arrest and detention by non-state operators, and experience extortion, kidnapping with the aim of obtaining a ransom, and exploitation; |
| --- | --- |

K.

whereas migrants are among those suffering the most as a result of the security problems in Libya, as they are often the victims of arbitrary violence, arrest and detention by non-state operators, and experience extortion, kidnapping with the aim of obtaining a ransom, and exploitation;

| L. | whereas many migrants, particularly those from sub-Saharan Africa, have been subjected to arbitrary detention by various armed groups in the country; |
| --- | --- |

L.

whereas many migrants, particularly those from sub-Saharan Africa, have been subjected to arbitrary detention by various armed groups in the country;

| M. | whereas the forced return to Libya by Niger of at least 132 Sudanese who were receiving assistance from the UNHCR is a source of great concern; |
| --- | --- |

M.

whereas the forced return to Libya by Niger of at least 132 Sudanese who were receiving assistance from the UNHCR is a source of great concern;

| N. | whereas the problem of internally displaced persons remains a topical one; whereas such persons find themselves facing critical threats such as crossing conflict zones, the presence of landmines and unexploded devices, and the violence of the various militias; |
| --- | --- |

N.

whereas the problem of internally displaced persons remains a topical one; whereas such persons find themselves facing critical threats such as crossing conflict zones, the presence of landmines and unexploded devices, and the violence of the various militias;

| O. | whereas Libya has become a transit country for human trafficking; whereas Libya continues to host hundreds of thousands of migrants and asylum seekers of different nationalities, many of whom are living in tragic conditions and thus constitute a target for smugglers; whereas there have been allegations of slavery in Libya; |
| --- | --- |

O.

whereas Libya has become a transit country for human trafficking; whereas Libya continues to host hundreds of thousands of migrants and asylum seekers of different nationalities, many of whom are living in tragic conditions and thus constitute a target for smugglers; whereas there have been allegations of slavery in Libya;

| P. | whereas the daily life of ordinary Libyans is characterised by ever more difficult living circumstances, further complicated by a cash crisis, water cuts and frequent power outages, and the generally catastrophic state of the country’s healthcare system; |
| --- | --- |

P.

whereas the daily life of ordinary Libyans is characterised by ever more difficult living circumstances, further complicated by a cash crisis, water cuts and frequent power outages, and the generally catastrophic state of the country’s healthcare system;

| Q. | whereas the political climate in Libya is characterised by deep mistrust between the main political and military actors from different regions; |
| --- | --- |

Q.

whereas the political climate in Libya is characterised by deep mistrust between the main political and military actors from different regions;

| R. | whereas the internationally recognised Government of National Accord (GNA) increasingly relies on several militias for its own security; whereas these militias have acquired an unprecedented degree of influence over state institutions in Tripoli, thus threatening the UN’s ongoing attempts to create a more viable political framework in the country; |
| --- | --- |

R.

whereas the internationally recognised Government of National Accord (GNA) increasingly relies on several militias for its own security; whereas these militias have acquired an unprecedented degree of influence over state institutions in Tripoli, thus threatening the UN’s ongoing attempts to create a more viable political framework in the country;

| S. | whereas countries such as Turkey, Qatar, Egypt and the UAE have a significant influence on various groups of the warring factions; |
| --- | --- |

S.

whereas countries such as Turkey, Qatar, Egypt and the UAE have a significant influence on various groups of the warring factions;

| T. | whereas the subnational identities of the various Libyan communities, tribes and ethnic groups have always constituted the underlying socio-cultural fabric of Libya and play a key role in the social and political dynamics and security issues of the country; whereas Libyan society has strong traditions of informal dispute resolution processes between cities, tribes and ethnic communities; |
| --- | --- |

T.

whereas the subnational identities of the various Libyan communities, tribes and ethnic groups have always constituted the underlying socio-cultural fabric of Libya and play a key role in the social and political dynamics and security issues of the country; whereas Libyan society has strong traditions of informal dispute resolution processes between cities, tribes and ethnic communities;

| U. | whereas currently the country does not have a clear and widely accepted legislative framework with regard to the electoral system; whereas no constitution has been adopted, thus leaving the country without the necessary legal framework to hold new elections; whereas the prevalence of the current climate of impunity, widespread unlawfulness, corruption and the role of the armed groups and tribal and regional tensions in Libya are contributing to a further decrease in trust in the already weak public and government institutions; |
| --- | --- |

U.

whereas currently the country does not have a clear and widely accepted legislative framework with regard to the electoral system; whereas no constitution has been adopted, thus leaving the country without the necessary legal framework to hold new elections; whereas the prevalence of the current climate of impunity, widespread unlawfulness, corruption and the role of the armed groups and tribal and regional tensions in Libya are contributing to a further decrease in trust in the already weak public and government institutions;

| V. | whereas Libya has seen a continued increase in extrajudicial killings, torture, arbitrary detention and indiscriminate attacks on residential areas and infrastructure, as well as an increase in hate speech and incitement to violence; |
| --- | --- |

V.

whereas Libya has seen a continued increase in extrajudicial killings, torture, arbitrary detention and indiscriminate attacks on residential areas and infrastructure, as well as an increase in hate speech and incitement to violence;

| W. | whereas the Madkhalist Salafist extremist group is becoming stronger and more relevant in the east as well as in the west of Libya; whereas Madkhalists oppose elections, are eager to maintain the status quo, completely reject any model of democracy and are heavily armed, and thus represent a concrete risk of further extremism and violence in the country; |
| --- | --- |

W.

whereas the Madkhalist Salafist extremist group is becoming stronger and more relevant in the east as well as in the west of Libya; whereas Madkhalists oppose elections, are eager to maintain the status quo, completely reject any model of democracy and are heavily armed, and thus represent a concrete risk of further extremism and violence in the country;

| X. | whereas the collapse of the criminal justice system enhances impunity in the country, narrowing avenues for victims to seek protection and remedy; whereas in several regions, even in cases where police reports have been filed after a crime, little action has followed to open prompt, thorough, effective, impartial and independent investigations and to bring perpetrators to justice; whereas no perpetrator of a crime who belongs to an armed group has been convicted in Libya since 2011; |
| --- | --- |

X.

whereas the collapse of the criminal justice system enhances impunity in the country, narrowing avenues for victims to seek protection and remedy; whereas in several regions, even in cases where police reports have been filed after a crime, little action has followed to open prompt, thorough, effective, impartial and independent investigations and to bring perpetrators to justice; whereas no perpetrator of a crime who belongs to an armed group has been convicted in Libya since 2011;

| Y. | whereas the cycle of violence in Libya has been continuously fed by overarching impunity for serious human rights violations; whereas, unless this is properly addressed, the continued absence of the rule of law will make the narrative of peaceful coexistence and fighting violent extremism meaningless for the population; |
| --- | --- |

Y.

whereas the cycle of violence in Libya has been continuously fed by overarching impunity for serious human rights violations; whereas, unless this is properly addressed, the continued absence of the rule of law will make the narrative of peaceful coexistence and fighting violent extremism meaningless for the population;

| Z. | whereas dozens of political and human rights activists, media professionals and other public figures have been abducted or threatened; whereas the UN has received reports of arbitrary detention and torture and ill-treatment by both sides; |
| --- | --- |

Z.

whereas dozens of political and human rights activists, media professionals and other public figures have been abducted or threatened; whereas the UN has received reports of arbitrary detention and torture and ill-treatment by both sides;

| AA. | whereas escalating attacks on members of the judiciary, local civil society organisations, human rights defenders and media workers – as well as refugees and migrants – have been accelerating the deterioration of the human rights situation for all civilians on Libyan territory; whereas the absence of the rule of law and impunity for grave human rights violations, including torture, arbitrary detention, extrajudicial killings and indiscriminate attacks on civilians and infrastructure, continue to fuel the cycle of violence in the country; |
| --- | --- |

AA.

whereas escalating attacks on members of the judiciary, local civil society organisations, human rights defenders and media workers – as well as refugees and migrants – have been accelerating the deterioration of the human rights situation for all civilians on Libyan territory; whereas the absence of the rule of law and impunity for grave human rights violations, including torture, arbitrary detention, extrajudicial killings and indiscriminate attacks on civilians and infrastructure, continue to fuel the cycle of violence in the country;

| AB. | whereas the porosity of Libya’s borders encourages unlawful cross-border traffic; whereas the proliferation of armed groups in the border areas has recently exacerbated the conflict between rival traffickers for control of and access to cross-border resources; whereas the so-called foreign fighters who arrive in the country and the various criminal networks are continuing to benefit from the unchecked proliferation of arms; |
| --- | --- |

AB.

whereas the porosity of Libya’s borders encourages unlawful cross-border traffic; whereas the proliferation of armed groups in the border areas has recently exacerbated the conflict between rival traffickers for control of and access to cross-border resources; whereas the so-called foreign fighters who arrive in the country and the various criminal networks are continuing to benefit from the unchecked proliferation of arms;

| AC. | whereas political insecurity and instability have made Libya a fertile ground for the activities of extremist groups; whereas the Fezzan region is structurally unstable and has historically been a place of transit to Europe for refugees and migrants, and for the smuggling of oil, gold, arms, drugs and for human trafficking; whereas the region has been suffering from increased ethnic and tribal tensions since the fall of Colonel Gaddafi and the struggle for control of the country’s resources; whereas stabilising Fezzan is key in stabilising the country as a whole; |
| --- | --- |

AC.

whereas political insecurity and instability have made Libya a fertile ground for the activities of extremist groups; whereas the Fezzan region is structurally unstable and has historically been a place of transit to Europe for refugees and migrants, and for the smuggling of oil, gold, arms, drugs and for human trafficking; whereas the region has been suffering from increased ethnic and tribal tensions since the fall of Colonel Gaddafi and the struggle for control of the country’s resources; whereas stabilising Fezzan is key in stabilising the country as a whole;

| AD. | whereas local Libyan authorities play a key role in preventing conflicts and providing essential public services to residents; |
| --- | --- |

AD.

whereas local Libyan authorities play a key role in preventing conflicts and providing essential public services to residents;

| AE. | whereas the city of Derna has been subject to escalating ground, air and artillery assault since 7 May 2018; whereas numerous civilians have been killed, while aid and medical access have been severely limited and the humanitarian situation is dramatic; |
| --- | --- |

AE.

whereas the city of Derna has been subject to escalating ground, air and artillery assault since 7 May 2018; whereas numerous civilians have been killed, while aid and medical access have been severely limited and the humanitarian situation is dramatic;

| AF. | whereas an official Parliament delegation carried out a mission to Libya on 20-23 May 2018; |
| --- | --- |

AF.

whereas an official Parliament delegation carried out a mission to Libya on 20-23 May 2018;

| 1. | Recommends the following to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy:






  (a) | to ensure the strongest support for the UN Action Plan for Libya presented in September 2017 by the UN Special Representative Ghassan Salamé, for the stabilisation of Libya and for a political and inclusive national reconciliation process that will enable all Libyan actors, including all tribal entities, to reach a stable and long-lasting political agreement while paying due attention to the involvement of women and minorities; to take into account the results of the inclusive consultative processes presented to the UNSC on 21 May 2018; to strongly condemn any attempt at undermining the UN-led peace process; to continue to cooperate closely with the UN Support Mission in Libya (UNSMIL); |
| --- | --- | --- |

1.

(a)

to ensure the strongest support for the UN Action Plan for Libya presented in September 2017 by the UN Special Representative Ghassan Salamé, for the stabilisation of Libya and for a political and inclusive national reconciliation process that will enable all Libyan actors, including all tribal entities, to reach a stable and long-lasting political agreement while paying due attention to the involvement of women and minorities; to take into account the results of the inclusive consultative processes presented to the UNSC on 21 May 2018; to strongly condemn any attempt at undermining the UN-led peace process; to continue to cooperate closely with the UN Support Mission in Libya (UNSMIL);

| (b) | to intensify their diplomatic efforts to support the UN plan and help consolidate a Libyan Government in its efforts to create political consent, guarantee security and extend its authority to the whole territory of Libya, beyond the narrow territorial control of the internationally recognised GNA, as the necessary precondition for an inclusive political solution that promotes the stabilisation, reconstruction and reconciliation of the country, for state building and for any peacekeeping operation based on democracy, the rule of law and human rights; to ensure Libyan ownership of the stabilisation process and the decision about the future form of the state; to support the strengthening of local mechanisms and capacities in the country with regard to mediation, dispute resolution and ceasefires and to connect them to the UN Action Plan as part of a coherent and integrated approach that will lead to concrete and lasting results; |
| --- | --- |

(b)

to intensify their diplomatic efforts to support the UN plan and help consolidate a Libyan Government in its efforts to create political consent, guarantee security and extend its authority to the whole territory of Libya, beyond the narrow territorial control of the internationally recognised GNA, as the necessary precondition for an inclusive political solution that promotes the stabilisation, reconstruction and reconciliation of the country, for state building and for any peacekeeping operation based on democracy, the rule of law and human rights; to ensure Libyan ownership of the stabilisation process and the decision about the future form of the state; to support the strengthening of local mechanisms and capacities in the country with regard to mediation, dispute resolution and ceasefires and to connect them to the UN Action Plan as part of a coherent and integrated approach that will lead to concrete and lasting results;

| (c) | to support the so-called ‘town hall meetings’ taking place in several municipalities under the UN umbrella, as an effective bottom-up reconciliation initiative which aims to encourage dialogue among different communities, thus concretely contributing to the development of a sustainable and viable solution to the Libyan crisis and helping to create a national culture of civic sense; |
| --- | --- |

(c)

to support the so-called ‘town hall meetings’ taking place in several municipalities under the UN umbrella, as an effective bottom-up reconciliation initiative which aims to encourage dialogue among different communities, thus concretely contributing to the development of a sustainable and viable solution to the Libyan crisis and helping to create a national culture of civic sense;

| (d) | to work on means of fostering institution building, building up a true civil society and jump-starting the economy, and to move away from an overly stretched public service to foster sustainable private sector development, which are necessary to ensure the long-term stability and prosperity of the country; |
| --- | --- |

(d)

to work on means of fostering institution building, building up a true civil society and jump-starting the economy, and to move away from an overly stretched public service to foster sustainable private sector development, which are necessary to ensure the long-term stability and prosperity of the country;

| (e) | to support Libyan efforts to work on a new constitutional order which should include a formula for the just distribution of oil wealth, as well as a clear division of tasks and obligations for the historic regions on the one side and any national government on the other; to recall that such a new constitution, which could be inspired by elements of the amended 1963 constitution, would help efforts to organise country-wide elections to be held only once the new constitution is adopted and the necessary conditions are properly met in order to ensure a high turnout as well as public acceptance and legitimacy; |
| --- | --- |

(e)

to support Libyan efforts to work on a new constitutional order which should include a formula for the just distribution of oil wealth, as well as a clear division of tasks and obligations for the historic regions on the one side and any national government on the other; to recall that such a new constitution, which could be inspired by elements of the amended 1963 constitution, would help efforts to organise country-wide elections to be held only once the new constitution is adopted and the necessary conditions are properly met in order to ensure a high turnout as well as public acceptance and legitimacy;

| (f) | to further prioritise work within the EU institutions on how better to address all aspects of the Libyan crisis, and which instruments and sectors to engage, including by devoting greater attention to local dynamics, in order to put in place an effective comprehensive approach towards the country and show unity of purpose and initiative among all institutions and the Member States in order to ensure coherence of the measures by all actors involved, as part of a broader regional strategy; |
| --- | --- |

(f)

to further prioritise work within the EU institutions on how better to address all aspects of the Libyan crisis, and which instruments and sectors to engage, including by devoting greater attention to local dynamics, in order to put in place an effective comprehensive approach towards the country and show unity of purpose and initiative among all institutions and the Member States in order to ensure coherence of the measures by all actors involved, as part of a broader regional strategy;

| (g) | to enhance its presence, visibility and understanding of the complexity of the situation in the country by re-establishing the EU delegation in Tripoli and by returning permanent EU staff to the delegation; |
| --- | --- |

(g)

to enhance its presence, visibility and understanding of the complexity of the situation in the country by re-establishing the EU delegation in Tripoli and by returning permanent EU staff to the delegation;

| (h) | to continue to emphasise that there can be no military solution to the Libyan crisis and to reaffirm the need for all parties and armed groups in Libya to commit to Article 42 of the Libyan Political Agreement, respect the principles of international humanitarian law and international human rights law, and refrain from violent rhetoric and from the use of violence, and to demobilise and commit to a peaceful solution to the conflict, thus avoiding further damage and loss of life; considers that negotiations should serve to unify the Libyan security forces from all regions in order to build a civilian-controlled national security architecture, under the inclusive internationally recognised Libyan government, with guarantees of transparency and accountability and respecting Libya’s international human rights obligations, and should also lead to the signing of a protocol that commits all armed groups to renouncing the use of force and violence, within the framework of a coherent and comprehensive disarmament, demobilisation and reintegration (DDR) process aimed at reintegrating members of armed groups into society and security system reform (SSR) process guided by the Skhirat principles of non-discrimination and transparency; believes that the signing of such a protocol should allow for implementation of the peace agreement, paving the way to holding free and fair elections, and should bring about economic and financial incentives and prompt the signatories to work towards building the new state’s institutions; |
| --- | --- |

(h)

to continue to emphasise that there can be no military solution to the Libyan crisis and to reaffirm the need for all parties and armed groups in Libya to commit to Article 42 of the Libyan Political Agreement, respect the principles of international humanitarian law and international human rights law, and refrain from violent rhetoric and from the use of violence, and to demobilise and commit to a peaceful solution to the conflict, thus avoiding further damage and loss of life; considers that negotiations should serve to unify the Libyan security forces from all regions in order to build a civilian-controlled national security architecture, under the inclusive internationally recognised Libyan government, with guarantees of transparency and accountability and respecting Libya’s international human rights obligations, and should also lead to the signing of a protocol that commits all armed groups to renouncing the use of force and violence, within the framework of a coherent and comprehensive disarmament, demobilisation and reintegration (DDR) process aimed at reintegrating members of armed groups into society and security system reform (SSR) process guided by the Skhirat principles of non-discrimination and transparency; believes that the signing of such a protocol should allow for implementation of the peace agreement, paving the way to holding free and fair elections, and should bring about economic and financial incentives and prompt the signatories to work towards building the new state’s institutions;

| (i) | to bear in mind the need to develop tailor-made programmes to reintegrate individuals, not groups, from militias into the regular security apparatus, thus limiting divided loyalties; |
| --- | --- |

(i)

to bear in mind the need to develop tailor-made programmes to reintegrate individuals, not groups, from militias into the regular security apparatus, thus limiting divided loyalties;

| (j) | to support UN efforts aimed at holding elections in Libya by the end of 2018 and only once a new constitution is adopted; to support particularly efforts to register voters as currently only around 50 % of eligible voters have been registered; to make sure that an agreement on a transitional arrangement is adopted before the elections in order to rebuild trust and thus strengthen the new government’s international and national legitimacy; to support, including by technical means, the process for the establishment of a sound constitutional framework and the electoral process as a whole, linking European financial contributions to the adoption of an electoral law that complies, as much as possible, with the international principles laid down by the Venice Commission; |
| --- | --- |

(j)

to support UN efforts aimed at holding elections in Libya by the end of 2018 and only once a new constitution is adopted; to support particularly efforts to register voters as currently only around 50 % of eligible voters have been registered; to make sure that an agreement on a transitional arrangement is adopted before the elections in order to rebuild trust and thus strengthen the new government’s international and national legitimacy; to support, including by technical means, the process for the establishment of a sound constitutional framework and the electoral process as a whole, linking European financial contributions to the adoption of an electoral law that complies, as much as possible, with the international principles laid down by the Venice Commission;

| (k) | to put pressure on those obstructing the political peace talks and to effectively enforce the UN arms embargo on Libya; to consider introducing new sanctions on those supporting illegal oil deals; |
| --- | --- |

(k)

to put pressure on those obstructing the political peace talks and to effectively enforce the UN arms embargo on Libya; to consider introducing new sanctions on those supporting illegal oil deals;

| (l) | to intensify cooperation with all international organisations and other actors on the ground in order to strengthen the coherence and convergence of international action; to step up diplomatic efforts with all regional actors and neighbouring countries, to ensure they contribute to a positive solution to the crisis in Libya in line with the UN Action Plan – currently the only possible framework for a solution to the crisis; to support the ongoing process of the National Conference inside Libya with the objective of achieving an agreement between the different Libyan parties on the next steps to complete the transition; to discourage regional actors from considering any unilateral or multilateral military intervention lacking any legal base or the political consent of the Libyan government; |
| --- | --- |

(l)

to intensify cooperation with all international organisations and other actors on the ground in order to strengthen the coherence and convergence of international action; to step up diplomatic efforts with all regional actors and neighbouring countries, to ensure they contribute to a positive solution to the crisis in Libya in line with the UN Action Plan – currently the only possible framework for a solution to the crisis; to support the ongoing process of the National Conference inside Libya with the objective of achieving an agreement between the different Libyan parties on the next steps to complete the transition; to discourage regional actors from considering any unilateral or multilateral military intervention lacking any legal base or the political consent of the Libyan government;

| (m) | to support the deployment of lawmakers, judges and specialised prosecutors in Libya who can assist in the revision of Libya’s counter-terrorism laws and ensure they are properly equipped to preside over and carry out counter-terrorism cases in compliance with the rule of law; |
| --- | --- |

(m)

to support the deployment of lawmakers, judges and specialised prosecutors in Libya who can assist in the revision of Libya’s counter-terrorism laws and ensure they are properly equipped to preside over and carry out counter-terrorism cases in compliance with the rule of law;

| (n) | to reflect on the crisis in Libya in a wider, regional and pan-African context, bearing in mind that Libya is key to the stability of North Africa, the Sahel, and the Mediterranean; to promote and facilitate Libyan cooperation with its Sahel neighbours; to consider, as part of this reflection, the impact of the situation in Libya on the dynamics and challenges with which the EU is confronted; to develop a comprehensive policy towards Libya which takes into account the regional and pan-African perspective covering broader development, security and migration policies and the protection of human rights and fundamental freedoms, countering terrorism and the fight against slavery and exploitation; to ensure that this policy is backed by adequate and sufficient funding for its implementation, including the next Multiannual Financial Framework, in order to yield concrete results; to continue and intensify where possible the cooperation between NATO’s Operation Sea Guardian and the EUNAVFOR Med Operation Sophia; |
| --- | --- |

(n)

to reflect on the crisis in Libya in a wider, regional and pan-African context, bearing in mind that Libya is key to the stability of North Africa, the Sahel, and the Mediterranean; to promote and facilitate Libyan cooperation with its Sahel neighbours; to consider, as part of this reflection, the impact of the situation in Libya on the dynamics and challenges with which the EU is confronted; to develop a comprehensive policy towards Libya which takes into account the regional and pan-African perspective covering broader development, security and migration policies and the protection of human rights and fundamental freedoms, countering terrorism and the fight against slavery and exploitation; to ensure that this policy is backed by adequate and sufficient funding for its implementation, including the next Multiannual Financial Framework, in order to yield concrete results; to continue and intensify where possible the cooperation between NATO’s Operation Sea Guardian and the EUNAVFOR Med Operation Sophia;

| (o) | to ensure permanent and active involvement in counter-terrorism and counter-trafficking efforts, not only through intelligence integration, financial cooperation and tactical support, but also with social and educational programmes for healthcare and education that support the training and deployment of social actors and key opinion-formers to counter violent extremism and promote a message of coexistence and peaceful cooperation; |
| --- | --- |

(o)

to ensure permanent and active involvement in counter-terrorism and counter-trafficking efforts, not only through intelligence integration, financial cooperation and tactical support, but also with social and educational programmes for healthcare and education that support the training and deployment of social actors and key opinion-formers to counter violent extremism and promote a message of coexistence and peaceful cooperation;

| (p) | to bear in mind that, while Daesh/IS might have been significantly weakened in Libya, there are new forms of extremism on the rise in the country, such as that represented by Madkhalists; to recall that the most effective answer to the radical militant presence in the country lies ultimately in the establishment of inclusive domestic institutions that can uphold the rule of law, provide public services and local security, and effectively fight the groups that are threatening the stability of the country and the wider region; |
| --- | --- |

(p)

to bear in mind that, while Daesh/IS might have been significantly weakened in Libya, there are new forms of extremism on the rise in the country, such as that represented by Madkhalists; to recall that the most effective answer to the radical militant presence in the country lies ultimately in the establishment of inclusive domestic institutions that can uphold the rule of law, provide public services and local security, and effectively fight the groups that are threatening the stability of the country and the wider region;

| (q) | to ensure, in line with the Paris Declaration of 25 July 2017, that EU funds are effectively deployed in order to guarantee intergovernmental coordination in restoring public infrastructure through the EU stabilisation facilities; to prioritise funding for projects and initiatives that support actors promoting accountability and democratic change, and that foster locally embedded dialogue, reconciliation and conflict-resolution mechanisms, involving women and working with young people to prevent them from engaging in criminal activities such as joining militias involved in smuggling and trafficking; to continue strengthening civil society, notably human rights defenders, and to support the political process, security and mediation activities, notably through the European Neighbourhood Instrument (ENI) and the Instrument contributing to Stability and Peace (IcSP); to promote the implementation of representative governance at local and national levels to better respond to the challenges linked to reconciliation, stabilisation and the re-establishment of security; to ensure the money under the EU Emergency Trust Fund is only granted when it abides by its original objectives and is accompanied by a sound analysis of local authorities and recipients and subsequent evaluation; |
| --- | --- |

(q)

to ensure, in line with the Paris Declaration of 25 July 2017, that EU funds are effectively deployed in order to guarantee intergovernmental coordination in restoring public infrastructure through the EU stabilisation facilities; to prioritise funding for projects and initiatives that support actors promoting accountability and democratic change, and that foster locally embedded dialogue, reconciliation and conflict-resolution mechanisms, involving women and working with young people to prevent them from engaging in criminal activities such as joining militias involved in smuggling and trafficking; to continue strengthening civil society, notably human rights defenders, and to support the political process, security and mediation activities, notably through the European Neighbourhood Instrument (ENI) and the Instrument contributing to Stability and Peace (IcSP); to promote the implementation of representative governance at local and national levels to better respond to the challenges linked to reconciliation, stabilisation and the re-establishment of security; to ensure the money under the EU Emergency Trust Fund is only granted when it abides by its original objectives and is accompanied by a sound analysis of local authorities and recipients and subsequent evaluation;

| (r) | to support municipalities in their delivery of essential services and in building local governance; to ensure basic standards of living for the population, bearing in mind that a closer understanding of the local political and economic system is critical in taking the reconciliation process to the people and in counteracting illegal trafficking; to ensure that the EU funds are effectively deployed in projects that help the Libyan population and civil society; to promote communication between civil society organisations and local government authorities; |
| --- | --- |

(r)

to support municipalities in their delivery of essential services and in building local governance; to ensure basic standards of living for the population, bearing in mind that a closer understanding of the local political and economic system is critical in taking the reconciliation process to the people and in counteracting illegal trafficking; to ensure that the EU funds are effectively deployed in projects that help the Libyan population and civil society; to promote communication between civil society organisations and local government authorities;

| (s) | to support initiatives such as that fostered by the Misrata-Tawergha Reconciliation Committee, in which the two cities of Misrata and Tawergha reached an agreement based on a doctrine of peaceful coexistence, opening the way for the return of Tawergha’s displaced population to their city; |
| --- | --- |

(s)

to support initiatives such as that fostered by the Misrata-Tawergha Reconciliation Committee, in which the two cities of Misrata and Tawergha reached an agreement based on a doctrine of peaceful coexistence, opening the way for the return of Tawergha’s displaced population to their city;

| (t) | to further encourage the Libyan institutions to work more effectively and transparently towards improving the living conditions of all Libyans by, among other things, reinstating priority public services and rebuilding public infrastructure, to enhance the economic governance of the country, to resolve the liquidity crisis, and to implement the necessary financial and economic reforms requested by the international financial institutions to help economic recovery and stabilisation; to assist the country in establishing a market-based economy capable of delivering to all Libyans; to urge the Libyan authorities to make sure that revenues from natural resources and deriving benefits are used for the benefit of the whole population, including at local level; to call on the Libyan authorities to commit to high standards of transparency in the domestic extractive sector, and in particular to sign up to the requirements of the Extractive Industries Transparency Initiative (EITI) as rapidly as possible; to help the Libyan authorities to fight against any illegal activity that hampers the national economy, as recently reported in the interim report of the Panel of Experts established pursuant to resolution 1973 (2011) concerning Libya; |
| --- | --- |

(t)

to further encourage the Libyan institutions to work more effectively and transparently towards improving the living conditions of all Libyans by, among other things, reinstating priority public services and rebuilding public infrastructure, to enhance the economic governance of the country, to resolve the liquidity crisis, and to implement the necessary financial and economic reforms requested by the international financial institutions to help economic recovery and stabilisation; to assist the country in establishing a market-based economy capable of delivering to all Libyans; to urge the Libyan authorities to make sure that revenues from natural resources and deriving benefits are used for the benefit of the whole population, including at local level; to call on the Libyan authorities to commit to high standards of transparency in the domestic extractive sector, and in particular to sign up to the requirements of the Extractive Industries Transparency Initiative (EITI) as rapidly as possible; to help the Libyan authorities to fight against any illegal activity that hampers the national economy, as recently reported in the interim report of the Panel of Experts established pursuant to resolution 1973 (2011) concerning Libya;

| (u) | to continue to resolutely condemn human rights abuses and the violations of international humanitarian law and to intensify efforts to provide humanitarian assistance to the population in need and to all parts of the country, in particular regarding healthcare and energy facilities; to increase the effectiveness of humanitarian financial assistance and to enhance support for and cooperation with humanitarian organisations on the ground; to condemn the numerous, ever-increasing attempts to shrink the space for civil society, notably through a repressive legal framework and attacks on human rights defenders and the judiciary; to call for the AU, UN and EU to continue working together and to take strong measures for an immediate end of these human rights violations; to strengthen civil society and support the development and independence of local media; |
| --- | --- |

(u)

to continue to resolutely condemn human rights abuses and the violations of international humanitarian law and to intensify efforts to provide humanitarian assistance to the population in need and to all parts of the country, in particular regarding healthcare and energy facilities; to increase the effectiveness of humanitarian financial assistance and to enhance support for and cooperation with humanitarian organisations on the ground; to condemn the numerous, ever-increasing attempts to shrink the space for civil society, notably through a repressive legal framework and attacks on human rights defenders and the judiciary; to call for the AU, UN and EU to continue working together and to take strong measures for an immediate end of these human rights violations; to strengthen civil society and support the development and independence of local media;

| (v) | to accelerate efforts regarding the UNHCR emergency evacuation mechanism funded by the EU that has allowed around 1 000 of the most vulnerable refugees in need of protection to be evacuated from Libya; to encourage the Libyan counterparts to expand the current number of nationalities which Libya currently allows UNHCR to work with; |
| --- | --- |

(v)

to accelerate efforts regarding the UNHCR emergency evacuation mechanism funded by the EU that has allowed around 1 000 of the most vulnerable refugees in need of protection to be evacuated from Libya; to encourage the Libyan counterparts to expand the current number of nationalities which Libya currently allows UNHCR to work with;

| (w) | to address the issue of irregular migration through and from Libya, bearing in mind the need for long-term, effective and viable solutions that should address the root causes of migration in Africa in the countries of origin and transit and define the legal basis for international migration processes, currently based on resettlements through the Emergency Transit Mechanism or direct resettlements; to focus the EU’s efforts on protecting migrants in Libya; to assist the Libyan authorities in ensuring the return of internally displaced persons (IDPs) to their own homes and to support local communities in coping with the challenges, while ensuring that the return of IDPs does not amount merely to an exchange between monetary compensation that favours the various militias and the right of return; to alert the international community to the need for measures to tackle development, human rights and security challenges in Libya and the Sahelo-Saharan region, including means to counter the trafficking of human beings and smuggling of migrants; to ensure that measures to counter smuggling and the trafficking of human beings are not hindering freedom of movement in view of the region’s economic development; |
| --- | --- |

(w)

to address the issue of irregular migration through and from Libya, bearing in mind the need for long-term, effective and viable solutions that should address the root causes of migration in Africa in the countries of origin and transit and define the legal basis for international migration processes, currently based on resettlements through the Emergency Transit Mechanism or direct resettlements; to focus the EU’s efforts on protecting migrants in Libya; to assist the Libyan authorities in ensuring the return of internally displaced persons (IDPs) to their own homes and to support local communities in coping with the challenges, while ensuring that the return of IDPs does not amount merely to an exchange between monetary compensation that favours the various militias and the right of return; to alert the international community to the need for measures to tackle development, human rights and security challenges in Libya and the Sahelo-Saharan region, including means to counter the trafficking of human beings and smuggling of migrants; to ensure that measures to counter smuggling and the trafficking of human beings are not hindering freedom of movement in view of the region’s economic development;

| (x) | to step up the joint efforts carried out by the EU, the African Union and the UN to improve the protection of migrants and refugees in Libya, paying particular attention to vulnerable individuals; to investigate thoroughly and immediately the allegations about abuses and inhuman treatment of migrants and refugees in Libya by criminal groups, as well as allegations of slavery; to devise initiatives to prevent any such incidents from occurring in the future; to improve the conditions of refugees and migrants held in detention centres and to urge the Libyan authorities to close as soon as possible those facilities which are found not to be in line with international standards; to continue and step up assisted voluntary returns and resettlement efforts carried out in cooperation with the UN and the African Union, underlining in this context the importance of abolishing the Libyan requirement for ‘exit visas’; to encourage the Libyan authorities to stop arbitrary detentions and to avoid the detention of vulnerable persons, in particular children; to ensure that migrants are treated with full respect for international human rights standards and to allocate the necessary funding from the EU budget for this purpose; to call on Libya to sign and ratify the 1951 Geneva Convention relating to the Status of Refugees and its 1967 Protocol; to ensure that the EU Border Assistance Mission (EUBAM) in Libya, EUNAVFOR Med Operation Sophia and the Frontex Operation Themis jointly focus on how to disrupt illicit activities, including the smuggling of migrants, human trafficking and terrorism in the Central Mediterranean; to ensure that EUBAM, in line with its mandate, remains actively engaged with and assists the Libyan authorities in priority areas related to border management, law enforcement and the broader criminal justice system; |
| --- | --- |

(x)

to step up the joint efforts carried out by the EU, the African Union and the UN to improve the protection of migrants and refugees in Libya, paying particular attention to vulnerable individuals; to investigate thoroughly and immediately the allegations about abuses and inhuman treatment of migrants and refugees in Libya by criminal groups, as well as allegations of slavery; to devise initiatives to prevent any such incidents from occurring in the future; to improve the conditions of refugees and migrants held in detention centres and to urge the Libyan authorities to close as soon as possible those facilities which are found not to be in line with international standards; to continue and step up assisted voluntary returns and resettlement efforts carried out in cooperation with the UN and the African Union, underlining in this context the importance of abolishing the Libyan requirement for ‘exit visas’; to encourage the Libyan authorities to stop arbitrary detentions and to avoid the detention of vulnerable persons, in particular children; to ensure that migrants are treated with full respect for international human rights standards and to allocate the necessary funding from the EU budget for this purpose; to call on Libya to sign and ratify the 1951 Geneva Convention relating to the Status of Refugees and its 1967 Protocol; to ensure that the EU Border Assistance Mission (EUBAM) in Libya, EUNAVFOR Med Operation Sophia and the Frontex Operation Themis jointly focus on how to disrupt illicit activities, including the smuggling of migrants, human trafficking and terrorism in the Central Mediterranean; to ensure that EUBAM, in line with its mandate, remains actively engaged with and assists the Libyan authorities in priority areas related to border management, law enforcement and the broader criminal justice system;

| (y) | to further develop its efforts against all acts of people smuggling and human trafficking into, through and from Libyan territory and off the coast of Libya which undermine the process of stabilisation of Libya and endanger the lives of thousands of people; to ensure in that sense the continuity of the EU’s contribution to countering these problems by assisting Libyan counterparts in building the long-needed capacity to secure the country’s land and sea borders and engaging with the Libyan authorities to put in place a comprehensive border management strategy; |
| --- | --- |

(y)

to further develop its efforts against all acts of people smuggling and human trafficking into, through and from Libyan territory and off the coast of Libya which undermine the process of stabilisation of Libya and endanger the lives of thousands of people; to ensure in that sense the continuity of the EU’s contribution to countering these problems by assisting Libyan counterparts in building the long-needed capacity to secure the country’s land and sea borders and engaging with the Libyan authorities to put in place a comprehensive border management strategy;

| (z) | to support a durable solution for the more than 180 000 internally displaced persons in Libya, including an estimated 40 000 former residents of Tawargha, through resettlement possibilities or the facilitation of safe returns to their homes and through increased support to UNHCR and IOM to this end; |
| --- | --- |

(z)

to support a durable solution for the more than 180 000 internally displaced persons in Libya, including an estimated 40 000 former residents of Tawargha, through resettlement possibilities or the facilitation of safe returns to their homes and through increased support to UNHCR and IOM to this end;

| (aa) | to address the cross-over between the activities of international criminal groups and terrorist groups by carrying out thorough investigations, particularly into human trafficking and sexual violence perpetrated in time of conflict; |
| --- | --- |

(aa)

to address the cross-over between the activities of international criminal groups and terrorist groups by carrying out thorough investigations, particularly into human trafficking and sexual violence perpetrated in time of conflict;

| (ab) | to support engagement with the Libyan Coast Guard which allowed almost 19 000 migrants to be rescued in Libyan territorial waters between January and the end of October 2017; to assist the Libyan authorities in formally notifying their Search and Rescue (SAR) area, to put in place a set of clear standard operating procedures for disembarkation and to ensure a functioning monitoring system for the Libyan Coast Guard in order to set up a clear and transparent register of all persons disembarked on the Libyan shores, ensuring that they are properly taken care of in accordance with international humanitarian standards; to further engage with the Libyan authorities to step up preparatory work on a maritime rescue coordination centre in Libya with the aim of enhancing their search and rescue capacity; to ensure the continuation of specialised training provided by IOM and UNHCR to the Libyan Coast Guard on international protection, refugee law and human rights; |
| --- | --- |

(ab)

to support engagement with the Libyan Coast Guard which allowed almost 19 000 migrants to be rescued in Libyan territorial waters between January and the end of October 2017; to assist the Libyan authorities in formally notifying their Search and Rescue (SAR) area, to put in place a set of clear standard operating procedures for disembarkation and to ensure a functioning monitoring system for the Libyan Coast Guard in order to set up a clear and transparent register of all persons disembarked on the Libyan shores, ensuring that they are properly taken care of in accordance with international humanitarian standards; to further engage with the Libyan authorities to step up preparatory work on a maritime rescue coordination centre in Libya with the aim of enhancing their search and rescue capacity; to ensure the continuation of specialised training provided by IOM and UNHCR to the Libyan Coast Guard on international protection, refugee law and human rights;

| (ac) | to step up their humanitarian and civilian aid in order to alleviate the plight of the Libyan population and meet the most urgent needs of those seriously affected by the conflict in Libya, particularly in the most affected areas, and to be ready to respond to any deterioration in the situation; urges the EU to support the empowerment of civil society organisations, in particular women’s groups, which seek non-violent solutions to the multiple crises in the country; |
| --- | --- |

(ac)

to step up their humanitarian and civilian aid in order to alleviate the plight of the Libyan population and meet the most urgent needs of those seriously affected by the conflict in Libya, particularly in the most affected areas, and to be ready to respond to any deterioration in the situation; urges the EU to support the empowerment of civil society organisations, in particular women’s groups, which seek non-violent solutions to the multiple crises in the country;

| (ad) | to release all the financial and human resources required to help refugees and to provide appropriate humanitarian aid to those who have been displaced, in order to address the humanitarian crisis in Libya, which has forced thousands of people to flee the country; |
| --- | --- |

(ad)

to release all the financial and human resources required to help refugees and to provide appropriate humanitarian aid to those who have been displaced, in order to address the humanitarian crisis in Libya, which has forced thousands of people to flee the country;

| (ae) | to step up international efforts to dismantle migrant smuggling and human trafficking networks and to intensify efforts to combat this crime and bring the perpetrators to justice; to continue and intensify the work of EUNAVFOR Med Operation Sophia to disrupt the business model of traffickers and smugglers, develop the capacity of the Libyan Coast Guard and support the implementation of the UN Security Council resolutions on the arms embargo and illegal oil trafficking; to continue to provide support to Libya through the civilian CSDP missions; to increase capacities related to the search and rescue of people in distress and capacities to be deployed by all states, and to acknowledge the support provided by private actors and NGOs in carrying out rescue operations at sea and on land, bearing in mind the existing international legal framework and security concerns; |
| --- | --- |

(ae)

to step up international efforts to dismantle migrant smuggling and human trafficking networks and to intensify efforts to combat this crime and bring the perpetrators to justice; to continue and intensify the work of EUNAVFOR Med Operation Sophia to disrupt the business model of traffickers and smugglers, develop the capacity of the Libyan Coast Guard and support the implementation of the UN Security Council resolutions on the arms embargo and illegal oil trafficking; to continue to provide support to Libya through the civilian CSDP missions; to increase capacities related to the search and rescue of people in distress and capacities to be deployed by all states, and to acknowledge the support provided by private actors and NGOs in carrying out rescue operations at sea and on land, bearing in mind the existing international legal framework and security concerns;

| (af) | to reaffirm its full support for the International Criminal Court’s mandate on ongoing human rights violations in Libya, recalling that international accountability mechanisms such as the ICC and universal jurisdiction play an important role in the implementation of the peace plan within a framework that sets out steps toward accountability and the respect of human rights in Libya; to support the International Criminal Court in its efforts to bring perpetrators of atrocity crimes to justice; to support the UN Special Representative for Libya in his call of November 2017 to the international community to assist Libya in combatting impunity for war crimes and to consider options for joint tribunals; to call on the EU and Member States to support international mechanisms in providing the national justice system with all necessary means to start investigating previous and ongoing grave violations and to support the future legitimate Libyan authorities in fulfilling this mission by themselves; to consider that fair trials would bring justice for all victims of human rights violations on Libyan territory which will pave the way to sustainable reconciliation and peace; |
| --- | --- |

(af)

to reaffirm its full support for the International Criminal Court’s mandate on ongoing human rights violations in Libya, recalling that international accountability mechanisms such as the ICC and universal jurisdiction play an important role in the implementation of the peace plan within a framework that sets out steps toward accountability and the respect of human rights in Libya; to support the International Criminal Court in its efforts to bring perpetrators of atrocity crimes to justice; to support the UN Special Representative for Libya in his call of November 2017 to the international community to assist Libya in combatting impunity for war crimes and to consider options for joint tribunals; to call on the EU and Member States to support international mechanisms in providing the national justice system with all necessary means to start investigating previous and ongoing grave violations and to support the future legitimate Libyan authorities in fulfilling this mission by themselves; to consider that fair trials would bring justice for all victims of human rights violations on Libyan territory which will pave the way to sustainable reconciliation and peace;

| (ag) | to express concern about the growing presence of Daesh and other terrorist groups in Libya, which is destabilising the country and threatening its neighbouring countries, as well as the EU; |
| --- | --- |

(ag)

to express concern about the growing presence of Daesh and other terrorist groups in Libya, which is destabilising the country and threatening its neighbouring countries, as well as the EU;

| (ah) | to call in particular on the Libyan authorities and militias to ensure external access to detention facilities, particularly those for migrants; |
| --- | --- |

(ah)

to call in particular on the Libyan authorities and militias to ensure external access to detention facilities, particularly those for migrants;

| (ai) | to clarify the situation with regard to the payment of stock dividends, bond income and interest payments on the frozen assets in the EU of the Libyan Investment Authority; to provide a detailed report on the total amount of interest drawn from the Gaddafi assets since they were frozen in 2011 and a list of the individuals or entities that have benefited from these interest payments; to address the concerns about a possible loophole in the EU sanctions regime related to this issue as a matter of priority; |
| --- | --- |

(ai)

to clarify the situation with regard to the payment of stock dividends, bond income and interest payments on the frozen assets in the EU of the Libyan Investment Authority; to provide a detailed report on the total amount of interest drawn from the Gaddafi assets since they were frozen in 2011 and a list of the individuals or entities that have benefited from these interest payments; to address the concerns about a possible loophole in the EU sanctions regime related to this issue as a matter of priority;

| (aj) | to promote projects intended to bring about the economic development of the Fezzan region and the legal economy through close cooperation with the various municipalities, particularly those situated along migration routes, in order to combat the illegal activities of criminal networks and the violent extremism of terrorist groups through the creation of alternative sources of income, particularly for young people; |
| --- | --- |

(aj)

to promote projects intended to bring about the economic development of the Fezzan region and the legal economy through close cooperation with the various municipalities, particularly those situated along migration routes, in order to combat the illegal activities of criminal networks and the violent extremism of terrorist groups through the creation of alternative sources of income, particularly for young people;

| (ak) | to continue the embargo on the export of arms to Libya, thus stopping these falling into the hands of extremists and armed groups, a factor which further feeds into the insecurity and instability of Libya as a whole; |
| --- | --- |

(ak)

to continue the embargo on the export of arms to Libya, thus stopping these falling into the hands of extremists and armed groups, a factor which further feeds into the insecurity and instability of Libya as a whole;

| (al) | to take urgent diplomatic action in order to protect civilians and address the humanitarian situation in Derna; |
| --- | --- |

(al)

to take urgent diplomatic action in order to protect civilians and address the humanitarian situation in Derna;

| 2. | Instructs its President to forward this recommendation to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy and, for information, to the Libyan Government of National Accord. |
| --- | --- |

2.

---

(1)  OJ C 234, 28.6.2016, p. 30.

(2)  OJ C 300, 18.8.2016, p. 21.

(3)  OJ C 35, 31.1.2018, p. 66.

---

III Preparatory acts

EUROPEAN PARLIAMENT

| 9.3.2020 | EN | Official Journal of the European Union | C 76/215 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/215

---

P8_TA(2018)0205

Fishing mortality ranges and safeguard levels for certain herring stocks in the Baltic Sea ***I

European Parliament legislative resolution of 29 May 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1139 as regards fishing mortality ranges and safeguard levels for certain herring stocks in the Baltic Sea (COM(2017)0774 – C8-0446/2017 – 2017/0348(COD))

(Ordinary legislative procedure: first reading)

(2020/C 76/26)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2017)0774), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2017)0774),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0446/2017), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0446/2017),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 14 February 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 14 February 2018 (1),

| — | having regard to the undertaking given by the Council representative by letter of 8 May 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 8 May 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A8-0149/2018), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A8-0149/2018),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

---

(1)  Not yet published in the Official Journal.

---

P8_TC1-COD(2017)0348

Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Regulation (EU) 2018/... of the European Parliament and of the Council amending Regulation (EU) 2016/1139 as regards fishing mortality ranges and safeguard levels for certain herring stocks in the Baltic Sea

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2018/976.)

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/217 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/217

---

P8_TA(2018)0206

Statistics of goods transport by inland waterways (codification) ***I

European Parliament legislative resolution of 29 May 2018 on the proposal for a regulation of the European Parliament and of the Council on statistics of goods transport by inland waterways (codification) (COM(2017)0545 – C8-0337/2017 – 2017/0256(COD))

(Ordinary legislative procedure – codification)

(2020/C 76/27)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2017)0545), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2017)0545),

| — | having regard to Article 294(2) and Article 338 (1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0337/2017), |
| --- | --- |

—

having regard to Article 294(2) and Article 338 (1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0337/2017),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the Interinstitutional Agreement of 20 December 1994 - Accelerated working method for official codification of legislative texts (1), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 - Accelerated working method for official codification of legislative texts (1),

| — | having regard to Rules 103 and 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 103 and 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A8-0154/2018), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A8-0154/2018),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance; |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance;

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

2.

---

(1)  OJ C 102, 4.4.1996, p. 2.

---

P8_TC1-COD(2017)0256

Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Regulation (EU) 2018/... of the European Parliament and of the Council on statistics of goods transport by inland waterways

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2018/974.)

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/219 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/219

---

P8_TA(2018)0207

EU-Switzerland Agreement on the cumulation of origin between the EU, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences of the EU ***

European Parliament legislative resolution of 29 May 2018 on the draft Council decision on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation on the cumulation of origin between the European Union, the Swiss Confederation, the Kingdom of Norway and the Republic of Turkey in the framework of the Generalised System of Preferences (05882/2/2017 – C8-0241/2017 – 2016/0328(NLE))

(Consent)

(2020/C 76/28)

The European Parliament,

| — | having regard to the draft Council decision (05882/2/2017), |
| --- | --- |

—

having regard to the draft Council decision (05882/2/2017),

| — | having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation on the cumulation of origin between the European Union, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences of the European Union (05803/2017), |
| --- | --- |

—

having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation on the cumulation of origin between the European Union, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences of the European Union (05803/2017),

| — | having regard to the request for consent submitted by the Council in accordance with Article 207(4) and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C8-0241/2017), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 207(4) and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C8-0241/2017),

| — | having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade (A8-0151/2018), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade (A8-0151/2018),

| 1. | Gives its consent to the conclusion of the agreement; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Swiss Confederation. |
| --- | --- |

2.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/220 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/220

---

P8_TA(2018)0208

EU-Norway Agreement on the cumulation of origin between the EU, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences of the EU ***

European Parliament legislative resolution of 29 May 2018 on the draft Council decision on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway on the cumulation of origin between the European Union, the Swiss Confederation, the Kingdom of Norway and the Republic of Turkey in the framework of the Generalised System of Preferences (05883/2/2017 – C8-0240/2017 – 2016/0329(NLE))

(Consent)

(2020/C 76/29)

The European Parliament,

| — | having regard to the draft Council decision (05883/2/2017), |
| --- | --- |

—

having regard to the draft Council decision (05883/2/2017),

| — | having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway on the cumulation of origin between the European Union, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences of the European Union (05814/2017), |
| --- | --- |

—

having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway on the cumulation of origin between the European Union, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences of the European Union (05814/2017),

| — | having regard to the request for consent submitted by the Council in accordance with Article 207(4) and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C8-0240/2017), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 207(4) and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C8-0240/2017),

| — | having regard to Rule 99(1) and (4), and Rule 108(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 99(1) and (4), and Rule 108(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade (A8-0152/2018), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade (A8-0152/2018),

| 1. | Gives its consent to the conclusion of the agreement; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Kingdom of Norway. |
| --- | --- |

2.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/221 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/221

---

P8_TA(2018)0209

EU-Norway Agreement on administrative cooperation, combating fraud and recovery of claims in the field of Value Added Tax *

European Parliament legislative resolution of 29 May 2018 on the proposal for a Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Kingdom of Norway on administrative cooperation, combating fraud and recovery of claims in the field of Value Added Tax (COM(2017)0621 – C8–0407/2017 – 2017/0272(NLE))

(Consultation)

(2020/C 76/30)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2017)0621), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2017)0621),

| — | having regard to the Agreement between the European Union and the Kingdom of Norway on administrative cooperation, combating fraud and recovery of claims in the field of Value Added Tax (14390/2017), |
| --- | --- |

—

having regard to the Agreement between the European Union and the Kingdom of Norway on administrative cooperation, combating fraud and recovery of claims in the field of Value Added Tax (14390/2017),

| — | having regard to Article 113 and Article 218(6), second subparagraph, point (b), and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0407/2017), |
| --- | --- |

—

having regard to Article 113 and Article 218(6), second subparagraph, point (b), and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0407/2017),

| — | having regard to Rules 78c and 108(8) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 78c and 108(8) of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A8-0147/2018), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A8-0147/2018),

| 1. | Approves conclusion of the agreement; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Kingdom of Norway. |
| --- | --- |

2.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/222 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/222

---

P8_TA(2018)0212

Multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks ***I

European Parliament legislative resolution of 29 May 2018 on the proposal for a regulation of the European Parliament and of the Council on establishing a multi-annual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks and repealing Council Regulation (EC) No 676/2007 and Council Regulation (EC) No 1342/2008 (COM(2016)0493 – C8-0336/2016 – 2016/0238(COD))

(Ordinary legislative procedure: first reading)

(2020/C 76/31)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2016)0493), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2016)0493),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0336/2016), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0336/2016),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the official notification of 29 March 2017 by the United Kingdom government, pursuant to Article 50 of the Treaty on European Union, of its intention to withdraw from the European Union; |
| --- | --- |

—

having regard to the official notification of 29 March 2017 by the United Kingdom government, pursuant to Article 50 of the Treaty on European Union, of its intention to withdraw from the European Union;

| — | having regard to the opinion of the European Economic and Social Committee of 14 December 2016 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 14 December 2016 (1),

| — | having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 7 March 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 7 March 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A8-0263/2017), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A8-0263/2017),

| 1. | Adopts its position at first reading hereinafter set out (2); |
| --- | --- |

1.

| 2. | Approves the joint statements by Parliament and the Council annexed to this resolution, which will be published in the L series of the Official Journal of the European Union together with the final legislative act; |
| --- | --- |

2.

| 3. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

3.

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

4.

---

(1)  OJ C 75, 10.3.2017, p. 109.

(2)  This position replaces the amendments adopted on 14 September 2017 (Texts adopted, P8_TA(2017)0357).

---

P8_TC1-COD(2016)0238

Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Regulation (EU) 2018/... of the European Parliament and of the Council establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2018/973.)

---

ANNEX TO THE LEGISLATIVE RESOLUTION

JOINT STATEMENTS

Joint Statement by the European Parliament and the Council on prohibited species

The Regulation to be adopted on the basis of the Commission proposal on the conservation of fishery resources and the protection of marine ecosystems through technical measures (2016/0074(COD)) should contain provisions, inter alia, on the species for which fishing is prohibited. For that reason the two institutions have agreed not to include a list concerning the North Sea in this Regulation (2016/0238(COD)).

Joint Statement by the European Parliament and the Council on control

The European Parliament and the Council will include the following control provisions in the upcoming review of the Control Regulation (Regulation (EC) No 1224/2009) where relevant to the North Sea: prior notifications, logbook requirements, designated ports, and other control provisions.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/226 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/226

---

P8_TA(2018)0213

Posting of workers in the framework of the provision of services ***I

European Parliament legislative resolution of 29 May 2018 on the proposal for a directive of the European Parliament and of the Council amending 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 (COM(2016)0128 – C8-0114/2016 – 2016/0070(COD))

(Ordinary legislative procedure: first reading)

(2020/C 76/32)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2016)0128), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2016)0128),

| — | having regard to Article 294(2), and Article 53(1) and Article 62 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0114/2016), |
| --- | --- |

—

having regard to Article 294(2), and Article 53(1) and Article 62 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0114/2016),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the reasoned opinions submitted, within the framework of the Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Bulgarian Parliament, by the Czech Chamber of Deputies and the Czech Senate, by the Danish Parliament, by the Estonian Parliament, by the Croatian Parliament, by the Latvian Parliament, by the Lithuanian Parliament, by the Hungarian Parliament, by the Polish Sejm and the Polish Senate, by the Romanian Chamber of Deputies and the Romanian Senate and by the Slovak Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinions submitted, within the framework of the Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Bulgarian Parliament, by the Czech Chamber of Deputies and the Czech Senate, by the Danish Parliament, by the Estonian Parliament, by the Croatian Parliament, by the Latvian Parliament, by the Lithuanian Parliament, by the Hungarian Parliament, by the Polish Sejm and the Polish Senate, by the Romanian Chamber of Deputies and the Romanian Senate and by the Slovak Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Economic and Social Committee of 14 December 2016 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 14 December 2016 (1),

| — | having regard to the opinion of the Committee of the Regions of 7 December 2016 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 7 December 2016 (2),

| — | having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 11 April 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 11 April 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rules 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on the Internal Market and Consumer Protection and of the Committee on Legal Affairs (A8-0319/2017), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on the Internal Market and Consumer Protection and of the Committee on Legal Affairs (A8-0319/2017),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Takes note of the statement by the Commission annexed to this resolution; |
| --- | --- |

2.

| 3. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

3.

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

4.

---

(1)  OJ C 75, 10.3.2017, p. 81.

(2)  OJ C 185, 9.6.2017, p. 75.

---

P8_TC1-COD(2016)0070

Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Directive (EU) 2018/... of the European Parliament and of the Council amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2018/957.)

---

ANNEX TO THE LEGISLATIVE RESOLUTION

STATEMENT BY THE COMMISSION

Article 3(7), second subparagraph, of Directive 96/71/EC as amended by the Directive adopted today, lays down that allowances specific to the posting shall be considered to be part of remuneration, unless they are paid in reimbursement of expenditure actually incurred on account of the posting, such as expenditure on travel, board and lodging. It also provides that “[t]he employer shall, without prejudice to point (h) of the first subparagraph of paragraph 1, reimburse the posted worker for such expenditure in accordance with the national law and/or practice applicable to the employment relationship”.

The Commission understands that the “national law and/or practice applicable to the employment relationship” is in principle the national law and /or practice of the home Member State, unless otherwise determined in accordance with EU rules on private international law. In the light of the Court's judgment in Case C-396/13 (paragraph 59), reimbursement also covers the situation where the employer defrays costs of the workers without the latter having first to pay them and then seek to have them reimbursed.

The Commission notes that the Directive adopted today foresees that, because of the highly mobile nature of work in international road transport, the revised rules on posting will apply to that sector only from the date of application of a legislative act amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector.

The Commission calls on the European Parliament and the Council to adopt that act swiftly in order to adapt the rules to the specific needs of posted workers in the sector while ensuring proper functioning of the internal road transport market.

Until the date of application of the sector-specific legislative act, Directive 96/71/EC and Directive 2014/67/EU remain in force in road transport. These legislative acts do not apply to road transport operations which do not constitute posting.

The Commission will continue to closely monitor the proper enforcement of the current rules in particular in the road transport sector and where appropriate take action.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/230 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/230

---

P8_TA(2018)0214

Management, conservation and control measures applicable in the Convention Area of the South Pacific Regional Fisheries Management Organisation ***I

European Parliament legislative resolution of 29 May 2018 on the proposal for a regulation of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Convention Area of the South Pacific Regional Fisheries Management Organisation (SPRFMO) (COM(2017)0128 – C8-0121/2017 – 2017/0056(COD))

(Ordinary legislative procedure: first reading)

(2020/C 76/33)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2017)0128), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2017)0128),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0121/2017), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0121/2017),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 31 May 2017 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 31 May 2017 (1),

| — | having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 21 March 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 21 March 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A8-0377/2017), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A8-0377/2017),

| 1. | Adopts its position at first reading hereinafter set out (2); |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

---

(1)  OJ C 288, 31.8.2017, p. 129.

(2)  This position replaces the amendments adopted on 16 January 2018 (Texts adopted, P8_TA(2018)0001).

---

P8_TC1-COD(2017)0056

Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Regulation (EU) 2018/... of the European Parliament and of the Council laying down management, conservation and control measures applicable in the South Pacific Regional Fisheries Management Organisation (SPRFMO) Convention Area

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2018/975.)

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/232 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/232

---

P8_TA(2018)0217

Mobilisation of the EU Solidarity Fund to provide assistance to Greece, Spain, France and Portugal

European Parliament resolution of 30 May 2018 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Union Solidarity Fund to provide assistance to Greece, Spain, France and Portugal (COM(2018)0150 – C8-0039/2018 – 2018/2029(BUD))

(2020/C 76/34)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2018)0150 – C8-0039/2018), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2018)0150 – C8-0039/2018),

| — | having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1), |
| --- | --- |

—

having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1),

| — | having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (2), and in particular Article 10 thereof, |
| --- | --- |

—

having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (2), and in particular Article 10 thereof,

| — | having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3), and in particular point 11 thereof, |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3), and in particular point 11 thereof,

| — | having regard to the letter from the Committee on Regional Development, |
| --- | --- |

—

having regard to the letter from the Committee on Regional Development,

| — | having regard to the report of the Committee on Budgets (A8-0175/2018), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A8-0175/2018),

| 1. | Welcomes the decision as a sign of the Union’s solidarity with Union citizens and regions hit by natural disasters; |
| --- | --- |

1.

| 2. | Regrets the number of lives lost in natural disasters in the Union in 2017; calls on Member States to invest in the prevention of catastrophes through the mobilisation of the necessary means and the use of European structural and investment funds to avoid the loss of human lives in the future; |
| --- | --- |

2.

| 3. | Supports Member States using European structural and investment funds for the reconstruction of the affected regions; invites the Commission to support and rapidly approve the financial reallocation of the partnership agreements requested by Member States to this end; |
| --- | --- |

3.

| 4. | Calls on Member States to utilise the financial contribution from the European Union Solidarity Fund (EUSF) in a transparent way, guaranteeing a fair distribution throughout the affected regions; |
| --- | --- |

4.

| 5. | Welcomes the proposal from the Commission for a new EU Civil Protection Mechanism as a way to prevent and act in situations of natural disasters; believes that the EU Civil Protection Mechanism represents a materialisation of solidarity in the Union, in line with the EUSF; recalls, in this context, the importance of continuing to give the outermost regions special EUSF access conditions to help them cope with their high level of exposure to natural disasters; calls, in situations where the collection of information is difficult and where justified by the scale of the natural disaster, for more flexibility in the deadline for filing a request for the mobilisation and use of EUSF funds; |
| --- | --- |

5.

| 6. | Approves the decision annexed to this resolution; |
| --- | --- |

6.

| 7. | Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

7.

| 8. | Instructs its President to forward this resolution, including its annex, to the Council and the Commission. |
| --- | --- |

8.

---

(1)  OJ L 311, 14.11.2002, p. 3.

(2)  OJ L 347, 20.12.2013, p. 884.

(3)  OJ C 373, 20.12.2013, p. 1.

---

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the European Union Solidarity Fund to provide assistance to Greece, Spain, France and Portugal

(The text of this annex is not reproduced here since it corresponds to the final act, Decision (EU) 2018/846.)

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/235 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/235

---

P8_TA(2018)0218

Draft amending budget No 1/2018 accompanying the proposal to mobilise the EU Solidarity Fund to provide assistance to Greece, Spain, France and Portugal

European Parliament resolution of 30 May 2018 on the Council position on Draft amending budget No 1/2018 of the European Union for the financial year 2018 accompanying the proposal to mobilise the European Union Solidarity Fund to provide assistance to Greece, Spain, France and Portugal (08109/2018 – C8-0181/2018 – 2018/2030(BUD))

(2020/C 76/35)

The European Parliament,

| — | having regard to Article 314 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 314 of the Treaty on the Functioning of the European Union,

| — | having regard to Article 106a of the Treaty establishing the European Atomic Energy Community, |
| --- | --- |

—

having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

| — | having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), and in particular Article 41 thereof, |
| --- | --- |

—

having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), and in particular Article 41 thereof,

| — | having regard to the general budget of the European Union for the financial year 2018, as definitively adopted on 30 November 2017 (2), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2018, as definitively adopted on 30 November 2017 (2),

| — | having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (3) (MFF Regulation), |
| --- | --- |

—

having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (3) (MFF Regulation),

| — | having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (4), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (4),

| — | having regard to Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (5), |
| --- | --- |

—

having regard to Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (5),

| — | having regard to Draft amending budget No 1/2018, which the Commission adopted on 22 February 2018 (COM(2018)0155), |
| --- | --- |

—

having regard to Draft amending budget No 1/2018, which the Commission adopted on 22 February 2018 (COM(2018)0155),

| — | having regard to the position on Draft amending budget No 1/2018 which the Council adopted on 14 May 2018 and forwarded to Parliament on the same day (08109/2018 – C8-0181/2018), |
| --- | --- |

—

having regard to the position on Draft amending budget No 1/2018 which the Council adopted on 14 May 2018 and forwarded to Parliament on the same day (08109/2018 – C8-0181/2018),

| — | having regard to Rules 88 and 91 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 88 and 91 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A8-0176/2018), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A8-0176/2018),

| A. | whereas Draft amending budget No 1/2018 covers the proposed mobilisation of the European Union Solidarity Fund to provide assistance to Greece for the earthquakes in Lesbos, to France for the hurricanes in Saint Martin and Guadeloupe, as well as to Portugal and Spain for the forest fires that occurred in Centro and in Galicia in the course of 2017, |
| --- | --- |

A.

whereas Draft amending budget No 1/2018 covers the proposed mobilisation of the European Union Solidarity Fund to provide assistance to Greece for the earthquakes in Lesbos, to France for the hurricanes in Saint Martin and Guadeloupe, as well as to Portugal and Spain for the forest fires that occurred in Centro and in Galicia in the course of 2017,

| B. | whereas the Commission consequently proposes to amend the 2018 Union budget and to increase budget line 13 06 01 ‘Assistance to Member States in the event of a major natural disaster with serious repercussions on living conditions, the natural environment or the economy’ by EUR 97 646 105 both in commitment and payment appropriations; |
| --- | --- |

B.

whereas the Commission consequently proposes to amend the 2018 Union budget and to increase budget line 13 06 01 ‘Assistance to Member States in the event of a major natural disaster with serious repercussions on living conditions, the natural environment or the economy’ by EUR 97 646 105 both in commitment and payment appropriations;

| C. | whereas the European Union Solidarity Fund is a special instrument as defined in the MFF Regulation, and the corresponding commitment and payments appropriations are to be budgeted over and above the MFF ceilings; |
| --- | --- |

C.

whereas the European Union Solidarity Fund is a special instrument as defined in the MFF Regulation, and the corresponding commitment and payments appropriations are to be budgeted over and above the MFF ceilings;

| 1. | Approves the Council position on Draft amending budget No 1/2018; |
| --- | --- |

1.

| 2. | Instructs its President to declare that Amending budget No 1/2018 has been definitively adopted and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

2.

| 3. | Instructs its President to forward this resolution to the Council, the Commission, the Court of Auditors and the national parliaments. |
| --- | --- |

3.

---

(1)  OJ L 298, 26.10.2012, p. 1.

(2)  OJ L 57, 28.02.2018.

(3)  OJ L 347, 20.12.2013, p. 884.

(4)  OJ C 373, 20.12.2013, p. 1.

(5)  OJ L 168, 7.6.2014, p. 105.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/237 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/237

---

P8_TA(2018)0219

Protection against dumped and subsidised imports from countries not members of the EU ***II

European Parliament legislative resolution of 30 May 2018 on the Council position at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (05700/1/2018 – C8-0168/2018 – 2013/0103(COD))

(Ordinary legislative procedure: second reading)

(2020/C 76/36)

The European Parliament,

| — | having regard to the Council position at first reading (05700/1/2018 – C8-0168/2018) |
| --- | --- |

—

having regard to the Council position at first reading (05700/1/2018 – C8-0168/2018)

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2013)0192), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2013)0192),

| — | having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

| — | having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure,

| — | having regard to Rule 67a of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67a of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on International Trade (A8-0182/2018), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on International Trade (A8-0182/2018),

| 1. | Approves the Council position at first reading; |
| --- | --- |

1.

| 2. | Notes that the act is adopted in accordance with the Council position; |
| --- | --- |

2.

| 3. | Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union; |
| --- | --- |

3.

| 4. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

4.

| 5. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

5.

---

(1)  OJ C 443, 22.12.2017, p. 934.

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/238 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/238

---

P8_TA(2018)0220

Mobilisation of the European Globalisation Adjustment Fund: application EGF/2018/000 TA 2018 - Technical assistance at the initiative of the Commission

European Parliament resolution of 30 May 2018 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund (application EGF/2018/000 TA 2018 - Technical assistance at the initiative of the Commission) (COM(2018)0165 – C8-0131/2018 – 2018/2048(BUD))

(2020/C 76/37)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2018)0165 – C8-0131/2018), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2018)0165 – C8-0131/2018),

| — | having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1) (EGF Regulation), |
| --- | --- |

—

having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1) (EGF Regulation),

| — | having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (2), and in particular Article 12 thereof, |
| --- | --- |

—

having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (2), and in particular Article 12 thereof,

| — | having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3) (IIA of 2 December 2013), and in particular point 13 thereof, |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3) (IIA of 2 December 2013), and in particular point 13 thereof,

| — | having regard to its resolution of 5 April 2017 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund, (EGF/2017/000 TA 2017 – Technical assistance at the initiative of the Commission) (4), |
| --- | --- |

—

having regard to its resolution of 5 April 2017 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund, (EGF/2017/000 TA 2017 – Technical assistance at the initiative of the Commission) (4),

| — | having regard to the trilogue procedure provided for in point 13 of the IIA of 2 December 2013, |
| --- | --- |

—

having regard to the trilogue procedure provided for in point 13 of the IIA of 2 December 2013,

| — | having regard to the letter of the Committee on Employment and Social Affairs, |
| --- | --- |

—

having regard to the letter of the Committee on Employment and Social Affairs,

| — | having regard to the letter of the Committee on Regional Development, |
| --- | --- |

—

having regard to the letter of the Committee on Regional Development,

| — | having regard to the report of the Committee on Budgets (A8-0172/2018), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A8-0172/2018),

| A. | whereas the Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns or of the global financial and economic crisis and to assist their reintegration into the labour market; |
| --- | --- |

A.

whereas the Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns or of the global financial and economic crisis and to assist their reintegration into the labour market;

| B. | whereas the Union’s assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard to the IIA of 2 December 2013 in respect of the adoption of decisions to mobilise the European Globalisation Adjustment Fund (EGF); |
| --- | --- |

B.

whereas the Union’s assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard to the IIA of 2 December 2013 in respect of the adoption of decisions to mobilise the European Globalisation Adjustment Fund (EGF);

| C. | whereas the adoption of the EGF Regulation reflects the agreement reached between the Parliament and the Council to reintroduce the crisis mobilisation criterion, to increase the Union financial contribution to 60 % of the total estimated cost of proposed measures, to increase efficiency for the treatment of EGF applications in the Commission and by the Parliament and the Council by shortening the time for assessment and approval, to widen eligible actions and beneficiaries by introducing self-employed persons and young people and to finance incentives for setting up own businesses; |
| --- | --- |

C.

whereas the adoption of the EGF Regulation reflects the agreement reached between the Parliament and the Council to reintroduce the crisis mobilisation criterion, to increase the Union financial contribution to 60 % of the total estimated cost of proposed measures, to increase efficiency for the treatment of EGF applications in the Commission and by the Parliament and the Council by shortening the time for assessment and approval, to widen eligible actions and beneficiaries by introducing self-employed persons and young people and to finance incentives for setting up own businesses;

| D. | whereas the maximum annual budget available for the EGF is EUR 150 million (2011 prices) and whereas Article 11(1) of the EGF Regulation states that 0,5 % of this amount (i.e. EUR 861 515 in 2018) can be made available for technical assistance at the initiative of the Commission in order to finance preparation, monitoring, data gathering and creation of a knowledge base, administrative and technical support, information and communication activities as well as audit, control and evaluation activities necessary to implement the EGF Regulation; |
| --- | --- |

D.

whereas the maximum annual budget available for the EGF is EUR 150 million (2011 prices) and whereas Article 11(1) of the EGF Regulation states that 0,5 % of this amount (i.e. EUR 861 515 in 2018) can be made available for technical assistance at the initiative of the Commission in order to finance preparation, monitoring, data gathering and creation of a knowledge base, administrative and technical support, information and communication activities as well as audit, control and evaluation activities necessary to implement the EGF Regulation;

| E. | whereas the European Parliament has repeatedly underlined the necessity of improved value added, efficiency and employability of beneficiaries of the EGF as a Union instrument of support to workers made redundant; |
| --- | --- |

E.

whereas the European Parliament has repeatedly underlined the necessity of improved value added, efficiency and employability of beneficiaries of the EGF as a Union instrument of support to workers made redundant;

| F. | whereas the proposed amount of EUR 345 000 corresponds to approximately 0,2 % of the maximum annual budget available for the EGF in 2018; |
| --- | --- |

F.

whereas the proposed amount of EUR 345 000 corresponds to approximately 0,2 % of the maximum annual budget available for the EGF in 2018;

| 1. | Agrees with the measures proposed by the Commission to be financed as technical assistance in accordance with Article 11(1) and (4) as well as with Article 12(2), (3) and (4) of the EGF Regulation; |
| --- | --- |

1.

| 2. | Acknowledges the importance of monitoring and data gathering; recalls the importance of robust statistical series compiled in an appropriate form to be easily accessible and understandable; welcomes the planned future release of the 2019 Biennial Reports and asks for a public and wide diffusion of those reports throughout the Union; |
| --- | --- |

2.

| 3. | Recalls the importance of a dedicated EGF website which should be accessible to all Union citizens and calls for greater visibility; emphasises the importance of multilingualism when communicating broadly to the public; welcomes the Commission’s intention to translate new elements on the EGF website into all official languages of the Union; asks for a more user-friendly web-environment and encourages the Commission to improve the content-value of its publications and audio-visual activities as provided for in Article 11(4) of the EGF Regulation; suggests that the Commission improves its communication through social media and alternate platforms; |
| --- | --- |

3.

| 4. | Welcomes the continued work on the standardised procedures for EGF applications and management using the functionalities of the electronic data exchange system (SFC 2014), which allows for the simplification and faster processing of applications, and better reporting; calls for better exchange of information about the processes among the Commission and Member States and Member States themselves; notes that the Commission has facilitated EGF financial operations by the creation of an interface between SFC and the accounting and financial information system ABAC; takes note that only further fine-tuning and adjustments to possible changes are needed, limiting de facto the EGF contribution to that type of expenditure; |
| --- | --- |

4.

| 5. | Takes note that the Commission intends to invest EUR 105 000 of the available budget under the technical assistance into the holding of three meetings of the Expert Group of Contact Persons of the EGF; acknowledges the value in holding an additional meeting of the Expert Group of Contact Persons as part of the preparation for the next Multiannual Financial Framework; takes also note of the intention of the Commission to invest EUR 120 000 in order to promote networking through seminars among Member States, EGF implementing bodies and social partners; reiterates its call on the Commission to invite Parliament, within reasonable deadlines, to all Expert Group meetings and seminars in accordance with the relevant provisions of the Framework Agreement on relations between the European Parliament and the European Commission (5); |
| --- | --- |

5.

| 6. | Welcomes the Commission’s readiness to invite members of its EGF Working Group to participate in EGF Networking Seminar when possible; calls on the Commission to continue to invite Parliament to such meetings and seminars in accordance with the relevant provisions of the Framework Agreement on relations between the European Parliament and the European Commission; welcomes social partners also being invited to participate; |
| --- | --- |

6.

| 7. | Recalls the importance of networking and exchange of information on the EGF, so as to spread best practice; supports, therefore, the two networking seminars on EGF implementation in addition to the Expert Group meetings; expects that that exchange of information will also contribute to better and more detailed reporting on the success rate of applications in Member States, in particular about the re-employment rate of beneficiaries; |
| --- | --- |

7.

| 8. | Underlines the need to further enhance the liaising between all those involved in EGF applications, including, in particular, social partners and stakeholders at regional and local level, to create as many synergies as possible; stresses that interaction between the National Contact Person and regional or local case delivery partners should be strengthened and communication and support arrangements and information flows (internal divisions, tasks and responsibilities) made explicit and agreed on by all partners concerned; |
| --- | --- |

8.

| 9. | Underlines the importance of increasing general awareness about the EGF and its visibility; reminds applicant Member States of their role in publicising the actions funded by EGF to the targeted beneficiaries, local and regional authorities, social partners, the media and the general public, as set out in Article 12 of the EGF Regulation; |
| --- | --- |

9.

| 10. | Approves the decision annexed to this resolution; |
| --- | --- |

10.

| 11. | Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

11.

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

12.

---

(1)  OJ L 347, 20.12.2013, p. 855.

(2)  OJ L 347, 20.12.2013, p. 884.

(3)  OJ C 373, 20.12.2013, p. 1.

(4)  Texts adopted, P8_TA(2017)0116.

(5)  OJ L 304, 20.11.2010, p. 47.

---

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the European Globalisation Adjustment Fund (EGF/2018/000 TA 2018 – Technical assistance at the initiative of the Commission)

(The text of this annex is not reproduced here since it corresponds to the final act, Decision (EU) 2018/845.)

---

| 9.3.2020 | EN | Official Journal of the European Union | C 76/242 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/242

---

P8_TA(2018)0234

Appointment of a member to the selection panel for the European Public Prosecutor’s Office

European Parliament decision of 31 May 2018 on the appointment of Antonio Mura to the selection panel set up under Article 14(3) of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (2018/2071(INS))

(2020/C 76/38)

The European Parliament,

| — | having regard to Article 14(3) of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (1), |
| --- | --- |

—

having regard to Article 14(3) of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (1),

| — | having regard to the proposal of its Committee on Civil Liberties, Justice and Home Affairs (B8-0237/2018), |
| --- | --- |

—

having regard to the proposal of its Committee on Civil Liberties, Justice and Home Affairs (B8-0237/2018),

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

—

having regard to its Rules of Procedure,

| A. | whereas Antonio Mura meets the conditions laid down in Article 14(3) of Regulation (EU) 2017/1939; |
| --- | --- |

A.

whereas Antonio Mura meets the conditions laid down in Article 14(3) of Regulation (EU) 2017/1939;

| 1. | Proposes that Antonio Mura be appointed to the selection panel; |
| --- | --- |

1.

| 2. | Instructs its President to forward this decision to the Council and the Commission. |
| --- | --- |

2.

---

(1)  OJ L 283, 31.10.2017, p. 1.

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| 9.3.2020 | EN | Official Journal of the European Union | C 76/243 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 76/243

---

P8_TA(2018)0236

Union Civil Protection Mechanism***I

Amendments adopted by the European Parliament on 31 May 2018 on the proposal for a decision of the European Parliament and of the Council amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism(COM(2017)0772/2 – C8-0409/2017 – 2017/0309(COD)) (1)

(Ordinary legislative procedure: first reading)

(2020/C 76/39)

Amendment 1

Proposal for a decision

Recital 1

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (1) | The Union Civil Protection Mechanism (‘the Union Mechanism’) governed by Decision No 1313/2013/EU of the European Parliament and the Council (2) strengthens cooperation between the Union
  and
  the Member States and facilitates coordination in the field of civil protection in order to improve the Union's response to natural and man-made disasters. |

Text proposed by the Commission

Amendment

(1)

The Union Civil Protection Mechanism (‘the Union Mechanism’) governed by Decision No 1313/2013/EU of the European Parliament and the Council (2) strengthens cooperation between the Union
  and
  the Member States and facilitates coordination in the field of civil protection in order to improve the Union's response to natural and man-made disasters.

| (1) | The Union Civil Protection Mechanism (‘the Union Mechanism’) governed by Decision No 1313/2013/EU of the European Parliament and the Council (3) strengthens cooperation between the Union, the Member States
  and their regions
  and facilitates coordination in the field of civil protection in order to improve the Union's response to natural and man-made disasters. |
| --- | --- |

(1)

The Union Civil Protection Mechanism (‘the Union Mechanism’) governed by Decision No 1313/2013/EU of the European Parliament and the Council (3) strengthens cooperation between the Union, the Member States
  and their regions
  and facilitates coordination in the field of civil protection in order to improve the Union's response to natural and man-made disasters.

Amendment 2

Proposal for a decision

Recital 3

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (3) | Natural and man-made disasters can strike anywhere across the globe, often without warning. Whether of natural or man-made origin, they are becoming increasingly frequent, extreme and complex, exacerbated by the impacts of climate change, and irrespective of national borders. The human, environmental, and economic consequences stemming from disasters can be
  enormous
  . |

Text proposed by the Commission

Amendment

(3)

Natural and man-made disasters can strike anywhere across the globe, often without warning. Whether of natural or man-made origin, they are becoming increasingly frequent, extreme and complex, exacerbated by the impacts of climate change, and irrespective of national borders. The human, environmental, and economic consequences stemming from disasters can be
  enormous
  .

| (3) | Natural and man-made disasters can strike anywhere across the globe, often without warning. Whether of natural or man-made origin, they are becoming increasingly frequent, extreme and complex, exacerbated by the impacts of climate change, and irrespective of national borders. The human, environmental,
  social
  and economic consequences stemming from disasters can be
  of an unknown scale
  .
  Unfortunately, those disasters are sometimes intentional, for example in the case of terrorist attacks. |
| --- | --- |

(3)

Natural and man-made disasters can strike anywhere across the globe, often without warning. Whether of natural or man-made origin, they are becoming increasingly frequent, extreme and complex, exacerbated by the impacts of climate change, and irrespective of national borders. The human, environmental,
  social
  and economic consequences stemming from disasters can be
  of an unknown scale
  .
  Unfortunately, those disasters are sometimes intentional, for example in the case of terrorist attacks.

Amendment 3

Proposal for a decision

Recital 4

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (4) | Recent experience has shown that reliance on voluntary offers of mutual assistance, coordinated and facilitated by the Union Mechanism, does not always ensure that sufficient capacities are made available to address the basic needs of people affected by disasters in a satisfactory manner, nor that the environment and property are properly safeguarded. This is particularly so where Member States are simultaneously affected by recurrent
  disasters
  and collective capacity is insufficient. |

Text proposed by the Commission

Amendment

(4)

Recent experience has shown that reliance on voluntary offers of mutual assistance, coordinated and facilitated by the Union Mechanism, does not always ensure that sufficient capacities are made available to address the basic needs of people affected by disasters in a satisfactory manner, nor that the environment and property are properly safeguarded. This is particularly so where Member States are simultaneously affected by recurrent
  disasters
  and collective capacity is insufficient.

| (4) | Recent experience has shown that reliance on voluntary offers of mutual assistance, coordinated and facilitated by the Union Mechanism, does not always ensure that sufficient capacities are made available to address the basic needs of people affected by disasters in a satisfactory manner, nor that the environment and property are properly safeguarded. This is particularly so where Member States are simultaneously affected by
  disasters that are both
  recurrent
  and unexpected, both natural and man-made
  , and collective capacity is insufficient.
  To overcome those insufficiencies and emerging hazards, all Union instruments should be made use of in a fully flexible manner, including through the promotion of active participation of the civil society. Nevertheless, Member States should undertake adequate preventive actions in terms of preserving an amount of national capacities that is sufficient to properly deal with disasters. |
| --- | --- |

(4)

Recent experience has shown that reliance on voluntary offers of mutual assistance, coordinated and facilitated by the Union Mechanism, does not always ensure that sufficient capacities are made available to address the basic needs of people affected by disasters in a satisfactory manner, nor that the environment and property are properly safeguarded. This is particularly so where Member States are simultaneously affected by
  disasters that are both
  recurrent
  and unexpected, both natural and man-made
  , and collective capacity is insufficient.
  To overcome those insufficiencies and emerging hazards, all Union instruments should be made use of in a fully flexible manner, including through the promotion of active participation of the civil society. Nevertheless, Member States should undertake adequate preventive actions in terms of preserving an amount of national capacities that is sufficient to properly deal with disasters.

Amendment 4

Proposal for a decision

Recital 4 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (4a) | Forest fire prevention is vital in the context of the global commitment to reduce CO2 emissions. Indeed, the combustion of trees and peat-rich soils in forest fires results in the emission of CO2. More specifically, studies have shown how fires cause 20% of all CO2 emissions around the world, i.e. more than the combined emissions of all the transport systems on earth (vehicles, ships and aircraft). |

Text proposed by the Commission

Amendment

(4a)

Forest fire prevention is vital in the context of the global commitment to reduce CO2 emissions. Indeed, the combustion of trees and peat-rich soils in forest fires results in the emission of CO2. More specifically, studies have shown how fires cause 20% of all CO2 emissions around the world, i.e. more than the combined emissions of all the transport systems on earth (vehicles, ships and aircraft).

Amendment 5

Proposal for a decision

Recital 5

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (5) | Prevention is of key importance for protection against disasters and requires further action. To that effect, Member States should share risk assessments on a regular basis as well as summaries of their disaster risk management planning in order to ensure an integrated approach to disaster management, linking risk prevention, preparedness and response actions. In addition, the Commission should be able to require Member States to provide specific prevention and preparedness plans in relation to specific disasters, notably with a view to maximising overall Union support to disaster risk management. Administrative burden
  should be reduced and
  prevention policies
  strengthened
  , including by
  ensuring necessary
  links
  to
  other key Union policies and instruments, notably the European Structural and Investment Funds as listed in recital 2 of Regulation (EU) No 1303/201313. |

Text proposed by the Commission

Amendment

(5)

Prevention is of key importance for protection against disasters and requires further action. To that effect, Member States should share risk assessments on a regular basis as well as summaries of their disaster risk management planning in order to ensure an integrated approach to disaster management, linking risk prevention, preparedness and response actions. In addition, the Commission should be able to require Member States to provide specific prevention and preparedness plans in relation to specific disasters, notably with a view to maximising overall Union support to disaster risk management. Administrative burden
  should be reduced and
  prevention policies
  strengthened
  , including by
  ensuring necessary
  links
  to
  other key Union policies and instruments, notably the European Structural and Investment Funds as listed in recital 2 of Regulation (EU) No 1303/201313.

| (5) | Prevention is of key importance for protection against disasters and requires further action. To that effect, Member States should share risk assessments,
  on their national safety and security risks
  , on a regular basis as well as summaries of their disaster risk management planning in order to ensure an integrated approach to
  natural and man-made
  disaster management, linking risk prevention, preparedness and response actions. In addition, the Commission should be able to require Member States to provide specific prevention and preparedness plans in relation to specific disasters,
  including man-made ones
  , notably with a view to maximising overall Union support,
  in particular from the European Environment Agency (EEA)
  , to disaster risk management.
  It is essential to reduce the
  administrative burden
  and to strengthen
  prevention policies, including by
  reinforcing
  links and cooperation
  with
  other key Union policies and instruments, notably the European Structural and Investment Funds as listed in recital 2 of Regulation (EU) No 1303/201313. |
| --- | --- |

(5)

Prevention is of key importance for protection against disasters and requires further action. To that effect, Member States should share risk assessments,
  on their national safety and security risks
  , on a regular basis as well as summaries of their disaster risk management planning in order to ensure an integrated approach to
  natural and man-made
  disaster management, linking risk prevention, preparedness and response actions. In addition, the Commission should be able to require Member States to provide specific prevention and preparedness plans in relation to specific disasters,
  including man-made ones
  , notably with a view to maximising overall Union support,
  in particular from the European Environment Agency (EEA)
  , to disaster risk management.
  It is essential to reduce the
  administrative burden
  and to strengthen
  prevention policies, including by
  reinforcing
  links and cooperation
  with
  other key Union policies and instruments, notably the European Structural and Investment Funds as listed in recital 2 of Regulation (EU) No 1303/201313.

Amendment 6

Proposal for a decision

Recital 5 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (5a) | Risk constitutes a negative stimulus for the development of regions. Prevention and risk management imply the reformulation of policies and institutional frameworks, and the strengthening of local, national and regional capacities to design and implement risk management measures, coordinating a wide range of actors. Preparing risk maps by regions and / or member states, strengthening the response capacity and reinforcing prevention actions, with special emphasis on climate risks, is crucial. It is crucial that risk maps take into account both the risks caused by the current climate variability and the projected trajectories of climate change. |

Text proposed by the Commission

Amendment

(5a)

Risk constitutes a negative stimulus for the development of regions. Prevention and risk management imply the reformulation of policies and institutional frameworks, and the strengthening of local, national and regional capacities to design and implement risk management measures, coordinating a wide range of actors. Preparing risk maps by regions and / or member states, strengthening the response capacity and reinforcing prevention actions, with special emphasis on climate risks, is crucial. It is crucial that risk maps take into account both the risks caused by the current climate variability and the projected trajectories of climate change.

Amendment 7

Proposal for a decision

Recital 5 b (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (5b) | When Member States prepare their risk assessments and their risk management planning, they should take into account the specific risks to wildlife and animal welfare. The Commission should encourage across Europe the dissemination of information about animals affected in disasters. Training programmes and courses should be further developed in this regard. |

Text proposed by the Commission

Amendment

(5b)

When Member States prepare their risk assessments and their risk management planning, they should take into account the specific risks to wildlife and animal welfare. The Commission should encourage across Europe the dissemination of information about animals affected in disasters. Training programmes and courses should be further developed in this regard.

Amendment 8

Proposal for a decision

Recital 5 c (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (5c) | The 2017 forest fire season was particularly long and intense in many Member States, resulting in over 100 deaths in one Member State alone. The lack of available assets, outlined in the Capacity Gaps Report

   (4),
  and the inability of the European Emergency Response Capacity (‘EERC’ or ‘voluntary pool’) to respond in good time to all 17 requests for forest fire assistance, proved that the voluntary nature of Member States' contributions is insufficient during large-scale emergencies affecting several Member States at the same time. |

Text proposed by the Commission

Amendment

(5c)

The 2017 forest fire season was particularly long and intense in many Member States, resulting in over 100 deaths in one Member State alone. The lack of available assets, outlined in the Capacity Gaps Report

   (4),
  and the inability of the European Emergency Response Capacity (‘EERC’ or ‘voluntary pool’) to respond in good time to all 17 requests for forest fire assistance, proved that the voluntary nature of Member States' contributions is insufficient during large-scale emergencies affecting several Member States at the same time.

Amendment 9

Proposal for a decision

Recital 5 d (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (5d) | The most natural partners for deepening cooperation are neighbouring Member States who share the same expertise and structures and are most likely to be affected by the same disasters and risks. |

Text proposed by the Commission

Amendment

(5d)

The most natural partners for deepening cooperation are neighbouring Member States who share the same expertise and structures and are most likely to be affected by the same disasters and risks.

Amendment 68

Proposal for a decision

Recital 5 e (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (5e) | The security of water resources is essential for climate resilience. Member States should map existing water resources to facilitate adaptation to climate change and to increase the resilience of the population to face climate threats such as droughts, fires or floods. The aim of the mapping should be to support the development of actions to reduce the vulnerability of the population. |

Text proposed by the Commission

Amendment

(5e)

The security of water resources is essential for climate resilience. Member States should map existing water resources to facilitate adaptation to climate change and to increase the resilience of the population to face climate threats such as droughts, fires or floods. The aim of the mapping should be to support the development of actions to reduce the vulnerability of the population.

Amendment 10

Proposal for a decision

Recital 6

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (6) | There is a need to reinforce the collective ability to prepare and respond to disasters notably through mutual support in Europe. In addition to strengthening the possibilities already offered by the European Emergency Response Capacity (‘EERC’ or ‘voluntary pool’), from now on referred to as "European Civil Protection Pool", the Commission should also establish rescEU. The composition of rescEU should include emergency response capacities to respond to wildfires, large-scale floods and earthquakes, as well as a field hospital and medical teams in line with World Health Organisation standards, that can be rapidly deployed. |

Text proposed by the Commission

Amendment

(6)

There is a need to reinforce the collective ability to prepare and respond to disasters notably through mutual support in Europe. In addition to strengthening the possibilities already offered by the European Emergency Response Capacity (‘EERC’ or ‘voluntary pool’), from now on referred to as "European Civil Protection Pool", the Commission should also establish rescEU. The composition of rescEU should include emergency response capacities to respond to wildfires, large-scale floods and earthquakes, as well as a field hospital and medical teams in line with World Health Organisation standards, that can be rapidly deployed.

| (6) | There is a need to reinforce the collective ability to prepare and respond to disasters notably through mutual support in Europe. In addition to strengthening the possibilities already offered by the European Emergency Response Capacity (‘EERC’ or ‘voluntary pool’), from now on referred to as "European Civil Protection Pool", the Commission should also establish rescEU. The composition of rescEU should include emergency response capacities to respond to wildfires, large-scale floods and earthquakes,
  terrorist attacks and chemical, biological, radiological and nuclear attacks
  , as well as a field hospital and medical teams in line with World Health Organisation standards, that can be rapidly deployed.
  In this regard, it is important to strengthen and include the specific capacities of local and regional authorities, since they are the first to intervene after a disaster. Those authorities should develop cooperation models in which communities can share best practices, giving them the opportunity to help to develop their resilience in the face of natural disasters. |
| --- | --- |

(6)

There is a need to reinforce the collective ability to prepare and respond to disasters notably through mutual support in Europe. In addition to strengthening the possibilities already offered by the European Emergency Response Capacity (‘EERC’ or ‘voluntary pool’), from now on referred to as "European Civil Protection Pool", the Commission should also establish rescEU. The composition of rescEU should include emergency response capacities to respond to wildfires, large-scale floods and earthquakes,
  terrorist attacks and chemical, biological, radiological and nuclear attacks
  , as well as a field hospital and medical teams in line with World Health Organisation standards, that can be rapidly deployed.
  In this regard, it is important to strengthen and include the specific capacities of local and regional authorities, since they are the first to intervene after a disaster. Those authorities should develop cooperation models in which communities can share best practices, giving them the opportunity to help to develop their resilience in the face of natural disasters.

Amendment 11

Proposal for a decision

Recital 6 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (6a) | The role of regional and local authorities in disaster prevention and management is of great importance and their response capacities need to be appropriately involved in any coordination and deployment activities carried out under this Decision, in accordance with Member States' institutional and legal frameworks, with a view to minimising overlaps and to fostering interoperability. Such authorities can play an important preventive role and they are also the first to react in the aftermath of a disaster, together with their volunteers’ capacities. Therefore, there is a need for on-going cooperation at local, regional and cross-border level with a view to establishing common alert systems for rapid intervention prior to the mobilisation of rescEU, as well as regular public information campaigns on initial response measures. |

Text proposed by the Commission

Amendment

(6a)

The role of regional and local authorities in disaster prevention and management is of great importance and their response capacities need to be appropriately involved in any coordination and deployment activities carried out under this Decision, in accordance with Member States' institutional and legal frameworks, with a view to minimising overlaps and to fostering interoperability. Such authorities can play an important preventive role and they are also the first to react in the aftermath of a disaster, together with their volunteers’ capacities. Therefore, there is a need for on-going cooperation at local, regional and cross-border level with a view to establishing common alert systems for rapid intervention prior to the mobilisation of rescEU, as well as regular public information campaigns on initial response measures.

Amendment 12

Proposal for a decision

Recital 7

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (7) | The Union should be able to support Member States where available capacities are insufficient to allow for an effective response to disasters by contributing to the financing of leasing or rental arrangements for ensuring rapid access to such capacities or by financing their acquisition. This would substantially increase the effectiveness of the Union Mechanism, by ensuring availability of capacities in cases where an effective response to disasters would otherwise not be ensured, particularly for disasters with wide ranging impacts affecting a significant number of Member States. Union procurement of capacities should allow for economies of scale and better coordination when responding to disasters. |

Text proposed by the Commission

Amendment

(7)

The Union should be able to support Member States where available capacities are insufficient to allow for an effective response to disasters by contributing to the financing of leasing or rental arrangements for ensuring rapid access to such capacities or by financing their acquisition. This would substantially increase the effectiveness of the Union Mechanism, by ensuring availability of capacities in cases where an effective response to disasters would otherwise not be ensured, particularly for disasters with wide ranging impacts affecting a significant number of Member States. Union procurement of capacities should allow for economies of scale and better coordination when responding to disasters.

| (7) | The Union should be able to support Member States where available
  material and technical
  capacities are insufficient to allow for an effective response to disasters,
  including in the case of cross-border events
  , by contributing to the financing of leasing or rental arrangements for ensuring rapid access to such capacities or by financing their acquisition. This would substantially increase the effectiveness
  and deployability
  of the Union Mechanism, by ensuring the
  speedy
  availability of
  material and technical
  capacities,
  including for rescuing elderly persons or persons with disabilities
  , in cases where an effective response to disasters would otherwise not be ensured, particularly for disasters with wide ranging impacts affecting a significant number of Member States,
  such as cross-border epidemics
  .
  The pre-committed suitable equipment and
  Union procurement of capacities should allow for economies of scale and better coordination when responding to disasters.
  Optimal and transparent use of financial resources should be ensured. |
| --- | --- |

(7)

The Union should be able to support Member States where available
  material and technical
  capacities are insufficient to allow for an effective response to disasters,
  including in the case of cross-border events
  , by contributing to the financing of leasing or rental arrangements for ensuring rapid access to such capacities or by financing their acquisition. This would substantially increase the effectiveness
  and deployability
  of the Union Mechanism, by ensuring the
  speedy
  availability of
  material and technical
  capacities,
  including for rescuing elderly persons or persons with disabilities
  , in cases where an effective response to disasters would otherwise not be ensured, particularly for disasters with wide ranging impacts affecting a significant number of Member States,
  such as cross-border epidemics
  .
  The pre-committed suitable equipment and
  Union procurement of capacities should allow for economies of scale and better coordination when responding to disasters.
  Optimal and transparent use of financial resources should be ensured.

Amendment 13

Proposal for a decision

Recital 7 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (7a) | Many Member States are faced with a lack of material and technical equipment when unexpected disasters arise. The Union Mechanism should therefore make it possible to expand the material and technical base where necessary, in particular for the sake of rescuing persons with a disability, elderly persons or persons with an illness. |

Text proposed by the Commission

Amendment

(7a)

Many Member States are faced with a lack of material and technical equipment when unexpected disasters arise. The Union Mechanism should therefore make it possible to expand the material and technical base where necessary, in particular for the sake of rescuing persons with a disability, elderly persons or persons with an illness.

Amendment 14

Proposal for a decision

Recital 9

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (9) | In order to strengthen
  efficiency and effectiveness of training and exercises
  and enhance
  co-operation between Member States' national civil protection authorities and services
  it is necessary to establish a Union Civil Protection Knowledge Network that is based on
  existing structures. |

Text proposed by the Commission

Amendment

(9)

In order to strengthen
  efficiency and effectiveness of training and exercises
  and enhance
  co-operation between Member States' national civil protection authorities and services
  it is necessary to establish a Union Civil Protection Knowledge Network that is based on
  existing structures.

| (9) | Training, research and innovation are essential aspects of cooperation in the civil protection field. The
   efficiency and effectiveness of training and exercises,
  the promotion of innovation, and dialogue and
  co-operation between Member States' national civil protection authorities and services
  should be strengthened on the basis of
  existing structures
  with the involvement of and the exchange of information with centres of excellence, universities, researchers and other expertise available in the Member States. |
| --- | --- |

(9)

Training, research and innovation are essential aspects of cooperation in the civil protection field. The
   efficiency and effectiveness of training and exercises,
  the promotion of innovation, and dialogue and
  co-operation between Member States' national civil protection authorities and services
  should be strengthened on the basis of
  existing structures
  with the involvement of and the exchange of information with centres of excellence, universities, researchers and other expertise available in the Member States.

Amendment 15

Proposal for a decision

Recital 9 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (9a) | While strengthening civil protection in the light of disaster trends, both weather-related and those relating to internal security, is one of the most important priorities throughout the whole Union, it is essential to complement the Union’s tools with a stronger territorial and community-led dimension, as local community action is the fastest and most effective way of limiting the damage caused by a disaster. |

Text proposed by the Commission

Amendment

(9a)

While strengthening civil protection in the light of disaster trends, both weather-related and those relating to internal security, is one of the most important priorities throughout the whole Union, it is essential to complement the Union’s tools with a stronger territorial and community-led dimension, as local community action is the fastest and most effective way of limiting the damage caused by a disaster.

Amendment 16

Proposal for a decision

Recital 10

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (10) | In order to achieve the functioning of the rescEU capacity, additional financial appropriations should made available to finance actions under the Union Mechanism. |

Text proposed by the Commission

Amendment

(10)

In order to achieve the functioning of the rescEU capacity, additional financial appropriations should made available to finance actions under the Union Mechanism.

| (10) | In order to achieve the functioning of the rescEU capacity, additional financial appropriations should made available to finance actions under the Union Mechanism,
  but not at the expense of the financial envelopes allocated to other key Union policies
  . |
| --- | --- |

(10)

In order to achieve the functioning of the rescEU capacity, additional financial appropriations should made available to finance actions under the Union Mechanism,
  but not at the expense of the financial envelopes allocated to other key Union policies
  .

Amendment 17

Proposal for a decision

Recital 10 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (10a) | Separate funding and budgetary allocations should be guaranteed for the revised Union Mechanism. Considering the need to avoid any negative impact on the financing of existing multiannual programmes, the increase in financing for the targeted revision of the Union Mechanism in the years 2018, 2019 and 2020 should be drawn exclusively from all means available under Council Regulation (EU, Euratom) No 1311/2013

   (5),
  with particular recourse to the Flexibility Instrument. |

Text proposed by the Commission

Amendment

(10a)

Separate funding and budgetary allocations should be guaranteed for the revised Union Mechanism. Considering the need to avoid any negative impact on the financing of existing multiannual programmes, the increase in financing for the targeted revision of the Union Mechanism in the years 2018, 2019 and 2020 should be drawn exclusively from all means available under Council Regulation (EU, Euratom) No 1311/2013

   (5),
  with particular recourse to the Flexibility Instrument.

Amendment 18

Proposal for a decision

Recital 11

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (11) | There is a need to simplify Union Mechanism procedures to ensure that Member States can access assistance and capacities needed in order to respond to natural or man-made disasters as rapidly as possible. |

Text proposed by the Commission

Amendment

(11)

There is a need to simplify Union Mechanism procedures to ensure that Member States can access assistance and capacities needed in order to respond to natural or man-made disasters as rapidly as possible.

| (11) | There is a need to simplify,
  streamline and increase the flexibility of the
  Union Mechanism procedures to ensure that Member States can
  quickly
  access assistance and capacities needed in order to respond to natural or man-made disasters as rapidly
  and as efficiently
  as possible. |
| --- | --- |

(11)

There is a need to simplify,
  streamline and increase the flexibility of the
  Union Mechanism procedures to ensure that Member States can
  quickly
  access assistance and capacities needed in order to respond to natural or man-made disasters as rapidly
  and as efficiently
  as possible.

Amendment 19

Proposal for a decision

Recital 12

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (12) | In order to maximise the use of existing funding instruments and support Member States in delivering assistance,
  particularly
  in response to disasters outside the Union, a derogation to Article 129(1) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and the Council (6) should be provided for when financing is granted pursuant to Articles 21, 22 and 23 of Decision No 1313/2013/EU. |

Text proposed by the Commission

Amendment

(12)

In order to maximise the use of existing funding instruments and support Member States in delivering assistance,
  particularly
  in response to disasters outside the Union, a derogation to Article 129(1) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and the Council (6) should be provided for when financing is granted pursuant to Articles 21, 22 and 23 of Decision No 1313/2013/EU.

| (12) | In order to maximise the use of existing funding instruments and support Member States in delivering assistance,
  including
  in response to disasters outside the Union, a derogation to Article 129(1) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and the Council (7) should be provided for when financing is granted pursuant to Articles 21, 22 and 23 of Decision No 1313/2013/EU.
  Notwithstanding that derogation, funding for civil protection activities and humanitarian aid, in particular, should remain clearly separate in any future Union funding architecture and be fully in line with the different objectives and legal requirements of that architecture
  . |
| --- | --- |

(12)

In order to maximise the use of existing funding instruments and support Member States in delivering assistance,
  including
  in response to disasters outside the Union, a derogation to Article 129(1) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and the Council (7) should be provided for when financing is granted pursuant to Articles 21, 22 and 23 of Decision No 1313/2013/EU.
  Notwithstanding that derogation, funding for civil protection activities and humanitarian aid, in particular, should remain clearly separate in any future Union funding architecture and be fully in line with the different objectives and legal requirements of that architecture
  .

Amendment 20

Proposal for a decision

Recital 13

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (13) | It is important to ensure that Member States take all the necessary actions in order to effectively prevent natural and man-made disasters and mitigate their effects. Provisions should reinforce links between prevention, preparedness and response actions under the Union Mechanism. Coherence should also be ensured with other relevant Union legislation on prevention and disaster risk management, including for cross-border prevention action and response to threats such as serious cross-border health threats (8). Likewise, coherence should be ensured with international commitments such as the Sendai Framework for Disaster Risk Reduction 2015 – 2030, the Paris Agreement and Agenda 2030 for Sustainable Development. |

Text proposed by the Commission

Amendment

(13)

It is important to ensure that Member States take all the necessary actions in order to effectively prevent natural and man-made disasters and mitigate their effects. Provisions should reinforce links between prevention, preparedness and response actions under the Union Mechanism. Coherence should also be ensured with other relevant Union legislation on prevention and disaster risk management, including for cross-border prevention action and response to threats such as serious cross-border health threats (8). Likewise, coherence should be ensured with international commitments such as the Sendai Framework for Disaster Risk Reduction 2015 – 2030, the Paris Agreement and Agenda 2030 for Sustainable Development.

| (13) | It is important to ensure that Member States take all the necessary actions in order to effectively prevent natural and man-made disasters and mitigate their effects. Provisions should reinforce links between prevention, preparedness and response actions under the Union Mechanism. Coherence should also be ensured with other relevant Union legislation on prevention and disaster risk management, including for cross-border prevention action and response to threats such as serious cross-border health threats (9).
  Territorial cooperation programmes under cohesion policy provide for specific actions to take into account disaster resilience, risk prevention and risk management, and further efforts should be made towards more vigorous integration and greater synergies. Furthermore, all actions
  should be
  coherent
  with,
  and actively contribute to meeting
  , international commitments such as the Sendai Framework for Disaster Risk Reduction 2015 – 2030, the Paris Agreement and Agenda 2030 for Sustainable Development. |
| --- | --- |

(13)

It is important to ensure that Member States take all the necessary actions in order to effectively prevent natural and man-made disasters and mitigate their effects. Provisions should reinforce links between prevention, preparedness and response actions under the Union Mechanism. Coherence should also be ensured with other relevant Union legislation on prevention and disaster risk management, including for cross-border prevention action and response to threats such as serious cross-border health threats (9).
  Territorial cooperation programmes under cohesion policy provide for specific actions to take into account disaster resilience, risk prevention and risk management, and further efforts should be made towards more vigorous integration and greater synergies. Furthermore, all actions
  should be
  coherent
  with,
  and actively contribute to meeting
  , international commitments such as the Sendai Framework for Disaster Risk Reduction 2015 – 2030, the Paris Agreement and Agenda 2030 for Sustainable Development.

Amendment 21

Proposal for a decision

Recital 13 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (13a) | It is essential that the modules previously registered in the Common Emergency Communication and Information System (CECIS) be maintained in order to respond to requests for assistance and to participate in the training system in the usual way. |

Text proposed by the Commission

Amendment

(13a)

It is essential that the modules previously registered in the Common Emergency Communication and Information System (CECIS) be maintained in order to respond to requests for assistance and to participate in the training system in the usual way.

Amendment 22

Proposal for a decision

Recital 13 b (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (13b) | It is equally important to connect the Union Mechanism, which is limited to the period immediately following the catastrophe, to other Union instruments focused on reversing the damage, such as the Solidarity Fund. |

Text proposed by the Commission

Amendment

(13b)

It is equally important to connect the Union Mechanism, which is limited to the period immediately following the catastrophe, to other Union instruments focused on reversing the damage, such as the Solidarity Fund.

Amendment 23

Proposal for a decision

Recital 13 c (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (13c) | It is essential that the Solidarity Fund be modified by introducing the obligation to repair the damage to the environment and by using the GDP per capita of the region or Member State instead of the global GDP as an indicator for its approval, to prevent large, populated regions with low levels of wealth from not being eligible to benefit from the Fund. It is very important to value the environment affected by a catastrophe in an economic way, especially areas of high natural value, such as protected areas or covered by the Natura 2000 network, in order to repair them. |

Text proposed by the Commission

Amendment

(13c)

It is essential that the Solidarity Fund be modified by introducing the obligation to repair the damage to the environment and by using the GDP per capita of the region or Member State instead of the global GDP as an indicator for its approval, to prevent large, populated regions with low levels of wealth from not being eligible to benefit from the Fund. It is very important to value the environment affected by a catastrophe in an economic way, especially areas of high natural value, such as protected areas or covered by the Natura 2000 network, in order to repair them.

Amendment 24

Proposal for a decision

Recital 13 d (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (13d) | There is a need for Union action to focus also on providing technical training assistance so that the capacity of communities for self-help can be enhanced, leaving them better prepared to provide an initial response and contain a disaster. Targeted training and education for public safety practitioners, such as community leaders, social and medical care practitioners, the rescue and firefighting services as well as local voluntary intervention groups which should dispose of rapidly available intervention equipment, can help contain a disaster and reduce fatalities both during and in the aftermath of the crisis. |

Text proposed by the Commission

Amendment

(13d)

There is a need for Union action to focus also on providing technical training assistance so that the capacity of communities for self-help can be enhanced, leaving them better prepared to provide an initial response and contain a disaster. Targeted training and education for public safety practitioners, such as community leaders, social and medical care practitioners, the rescue and firefighting services as well as local voluntary intervention groups which should dispose of rapidly available intervention equipment, can help contain a disaster and reduce fatalities both during and in the aftermath of the crisis.

Amendment 25

Proposal for a decision

Article 1 – paragraph 1 – point 1 – point a

Decision No 1313/2013/EU

Article 3 – paragraph 1 – point e

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (e) | to increase the availability and use of scientific knowledge on disasters. |

Text proposed by the Commission

Amendment

(e)

to increase the availability and use of scientific knowledge on disasters.

| (e) | to increase the availability and use of scientific knowledge on disasters,
  including in the outermost regions and Overseas Countries and Territories (OCTs)
  ; |
| --- | --- |

(e)

to increase the availability and use of scientific knowledge on disasters,
  including in the outermost regions and Overseas Countries and Territories (OCTs)
  ;

Amendment 26

Proposal for a decision

Article 1 – paragraph 1 – point 1 – point a a (new)

Decision No 1313/2013/EU

Article 3 – paragraph 1 – point e a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (aa) | in paragraph 1 the following point is added: |

Text proposed by the Commission

Amendment

(aa)

| “(ea) | to mitigate the immediate consequences that catastrophes may have on human lives and on cultural and natural heritage;” |
| --- | --- |

“(ea)

to mitigate the immediate consequences that catastrophes may have on human lives and on cultural and natural heritage;”

Amendment 27

Proposal for a decision

Article 1 – paragraph 1 – point 1 – point a b (new)

Decision No 1313/2013/EU

Article 3 – paragraph 1 – point e b (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (ab) | in paragraph 1, the following point is added: |

Text proposed by the Commission

Amendment

(ab)

| “(eb) | to step up cooperation and coordination activities at cross-border level.” |
| --- | --- |

“(eb)

to step up cooperation and coordination activities at cross-border level.”

Amendment 28

Proposal for a decision

Article 1 – paragraph 1 – point 3

Decision No 1313/2013/EU

Article 5 – paragraph 1 – point a

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (a) | take action to improve the knowledge base on disaster risks and facilitate the sharing of knowledge, the results of scientific research, best practices and information, including among Member States that share common risks. |

Text proposed by the Commission

Amendment

(a)

take action to improve the knowledge base on disaster risks and facilitate the sharing of knowledge, the results of scientific research, best practices and information, including among Member States that share common risks.

| (a) | take action to improve the knowledge base on disaster risks
  and to better
  facilitate
  and promote cooperation and
  the sharing of knowledge, the results of scientific research
  and innovation
  , best practices and information, including among Member States that share common risks; |
| --- | --- |

(a)

take action to improve the knowledge base on disaster risks
  and to better
  facilitate
  and promote cooperation and
  the sharing of knowledge, the results of scientific research
  and innovation
  , best practices and information, including among Member States that share common risks;

Amendment 29

Proposal for a decision

Article 1 – paragraph 1 – point 3 a (new)

Decision No 1313/2013/EU

Article 5 – paragraph 1 – point a a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (3a) | In Article 5(1), the following point is inserted: |

Text proposed by the Commission

Amendment

(3a)

| “
  (aa) | coordinate the harmonisation of information and guidance on alert systems, including on a cross-border level;
  ” |
| --- | --- |

“
  (aa)

coordinate the harmonisation of information and guidance on alert systems, including on a cross-border level;
  ”

Amendment 30

Proposal for a decision

Article 1 – paragraph 1 – point 3 b (new)

Decision No 1313/2013/EU

Article 5 – paragraph 1 – point f

| Present text | | Amendment |
| --- | --- | --- |
| (f) | compile and disseminate the information made available by Member States; organise an exchange of experiences about the assessment of risk management capability; develop, together with the Member States and by 22 December
  2014
  , guidelines on the content, methodology and structure of those assessments; and facilitate the sharing of good practices in prevention and preparedness planning, including through voluntary peer reviews; |

Present text

Amendment

(f)

compile and disseminate the information made available by Member States; organise an exchange of experiences about the assessment of risk management capability; develop, together with the Member States and by 22 December
  2014
  , guidelines on the content, methodology and structure of those assessments; and facilitate the sharing of good practices in prevention and preparedness planning, including through voluntary peer reviews;

| (3b) | In Article 5(1), point (f) is replaced by the following: |
| --- | --- |

(3b)

| "(f) | compile and disseminate the information made available by Member States; organise an exchange of experiences about the assessment of risk management capability; develop, together with the Member States and by 22 December
  2019
  ,
  new
  guidelines on the content, methodology and structure of those assessments; and facilitate the sharing of good practices in prevention and preparedness planning, including through voluntary peer reviews;" |
| --- | --- |

"(f)

compile and disseminate the information made available by Member States; organise an exchange of experiences about the assessment of risk management capability; develop, together with the Member States and by 22 December
  2019
  ,
  new
  guidelines on the content, methodology and structure of those assessments; and facilitate the sharing of good practices in prevention and preparedness planning, including through voluntary peer reviews;"

Amendment 31

Proposal for a decision

Article 1 – paragraph 1 – point 4 – point a

Decision No 1313/2013/EU

Article 6 – paragraph 1 – point a

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (a) | develop risk assessments at national or appropriate sub-national level and make them available to the Commission by 22 December 2018 and every three years thereafter; |

Text proposed by the Commission

Amendment

(a)

develop risk assessments at national or appropriate sub-national level and make them available to the Commission by 22 December 2018 and every three years thereafter;

| (a) | develop risk assessments at national or appropriate sub-national level
  in consultation with relevant local and regional authorities and aligned with the Sendai Framework for Disaster Risk Reduction
  and make them available to the Commission by 22 December 2018 and every three years thereafter,
  based on a model agreed on with the Commission
  ,’
  and, in this context, existing national information systems shall be used
  ; |
| --- | --- |

(a)

develop risk assessments at national or appropriate sub-national level
  in consultation with relevant local and regional authorities and aligned with the Sendai Framework for Disaster Risk Reduction
  and make them available to the Commission by 22 December 2018 and every three years thereafter,
  based on a model agreed on with the Commission
  ,’
  and, in this context, existing national information systems shall be used
  ;

Amendment 32

Proposal for a decision

Article 1 – paragraph 1 – point 4 – point a a (new)

Decision No 1313/2013/EU

Article 6 – paragraph 1 – point d

| Present text | | Amendment |
| --- | --- | --- |
| (d) | participate
  , on a voluntary basis, in peer reviews on
  the assessment of
  risk management capability. |

Present text

Amendment

(d)

participate
  , on a voluntary basis, in peer reviews on
  the assessment of
  risk management capability.

| (aa) | point (d) is replaced by the following: |
| --- | --- |

(aa)

| “(d) | participate
  , on a voluntary basis, in peer reviews on risk management capability
  with a view to identifying actions that bridge the gaps
  .” |
| --- | --- |

“(d)

participate
  , on a voluntary basis, in peer reviews on risk management capability
  with a view to identifying actions that bridge the gaps
  .”

Amendment 33

Proposal for a decision

Article 1 – paragraph 1 – point 4 – point b

Decision No 1313/2013/EU

Article 6 – paragraph 2

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| A summary of the relevant elements of the risk management planning shall be provided to the Commission, including information on the selected prevention and preparedness measures, by 31 January 2019 and every three years thereafter. In addition, the Commission may require Member States to provide specific prevention and preparedness plans, which shall cover both short- and long-term efforts. The Union shall duly consider the progress made by the Member States with respect to disaster prevention and preparedness as part of any future ex-ante conditionality mechanism under the European Structural and Investment Funds. | | A summary of the relevant elements of the risk management planning shall be provided to the Commission, including information on the selected prevention and preparedness measures,
  in accordance with a template to be established by means of an implementing act
  , by 31 January 2019 and every three years thereafter.
  That implementing act shall be adopted in accordance with the examination procedure referred to in Article 33(2).
  In addition, the Commission may require Member States to provide specific prevention and preparedness plans which shall cover both short- and long-term efforts.
  In this regard, these efforts may include a commitment on the part of Member States to encourage investments based on risk assessments and to ensure better post-disaster reconstruction. The additional administrative burden at national and sub-national levels shall be kept as low as possible. |

Text proposed by the Commission

Amendment

A summary of the relevant elements of the risk management planning shall be provided to the Commission, including information on the selected prevention and preparedness measures, by 31 January 2019 and every three years thereafter. In addition, the Commission may require Member States to provide specific prevention and preparedness plans, which shall cover both short- and long-term efforts. The Union shall duly consider the progress made by the Member States with respect to disaster prevention and preparedness as part of any future ex-ante conditionality mechanism under the European Structural and Investment Funds.

A summary of the relevant elements of the risk management planning shall be provided to the Commission, including information on the selected prevention and preparedness measures,
  in accordance with a template to be established by means of an implementing act
  , by 31 January 2019 and every three years thereafter.
  That implementing act shall be adopted in accordance with the examination procedure referred to in Article 33(2).
  In addition, the Commission may require Member States to provide specific prevention and preparedness plans which shall cover both short- and long-term efforts.
  In this regard, these efforts may include a commitment on the part of Member States to encourage investments based on risk assessments and to ensure better post-disaster reconstruction. The additional administrative burden at national and sub-national levels shall be kept as low as possible.

Amendment 34

Proposal for a decision

Article 1 – paragraph 1 – point 4 – point b

Decision No 1313/2013/EU

Article 6 – paragraph 3

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| The Commission may also establish specific consultation mechanisms to enhance appropriate prevention and preparedness planning and coordination among Member States prone to similar type disasters. | | The Commission may,
  in cooperation with the Member States
  , also establish specific consultation mechanisms to enhance appropriate prevention and preparedness planning and coordination among Member States prone to similar type disasters.
  The Commission and the Member States, where possible, shall also foster consistency between disaster risk management and climate change adaptation strategies. |

Text proposed by the Commission

Amendment

The Commission may also establish specific consultation mechanisms to enhance appropriate prevention and preparedness planning and coordination among Member States prone to similar type disasters.

The Commission may,
  in cooperation with the Member States
  , also establish specific consultation mechanisms to enhance appropriate prevention and preparedness planning and coordination among Member States prone to similar type disasters.
  The Commission and the Member States, where possible, shall also foster consistency between disaster risk management and climate change adaptation strategies.

Amendment 36

Proposal for a decision

Article 1 – paragraph 1 – point 4 a (new)

Decision No 1313/2013/EU

Article 8 – paragraph 1 – point k

| Present text | | Amendment |
| --- | --- | --- |
| (k) | in close consultation with the Member States, take additional necessary supporting and complementary preparedness action to achieve the objective specified in point (b) of Article 3(1) |

Present text

Amendment

(k)

in close consultation with the Member States, take additional necessary supporting and complementary preparedness action to achieve the objective specified in point (b) of Article 3(1)

| (4a) | In Article 8(1), point (k) is replaced by the following: |
| --- | --- |

(4a)

| “(k) | in close consultation with the Member States, take additional necessary supporting and complementary preparedness action,
  including through coordination with other Union instruments
  , to achieve the objective specified in point (b) of Article 3(1).” |
| --- | --- |

“(k)

in close consultation with the Member States, take additional necessary supporting and complementary preparedness action,
  including through coordination with other Union instruments
  , to achieve the objective specified in point (b) of Article 3(1).”

Amendment 37

Proposal for a decision

Article 1 – paragraph 1 – point 4 b (new)

Decision No 1313/2013/EU

Article 9 – paragraph 1 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (4b) | In Article 9, the following paragraph is inserted: |

Text proposed by the Commission

Amendment

(4b)

“1a.
     
  Member States shall strengthen relevant administrative capacities of the competent regional and local authorities, in accordance with their institutional and legal framework.”

Amendment 38

Amendment 38

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 5

Article 1 – paragraph 1 – point 5

Decision No 1313/2013/EU

Article 10 – paragraph 1

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| 1.   The Commission and the Member States shall work together to improve the planning of disaster response operations under the Union Mechanism, including through scenario-building for disaster response based on the risk assessments referred to in point (a) of Article 6 and the overview of risks referred to in point (c) of Article 5(1), asset mapping and the development of plans for the deployment of response capacities. | | 1.   The Commission and the Member States shall work together to improve the planning of disaster response operations,
  both for natural or man-made disasters
  , under the Union Mechanism, including through scenario-building for disaster response based on the risk assessments referred to in point (a) of Article 6 and the overview of risks referred to in point (c) of Article 5(1), asset mapping,
  including earth-moving machinery, mobile electricity generators and mobile fire-fighting equipment among those assets
  , and the development of plans for the deployment of response capacities. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The Commission and the Member States shall work together to improve the planning of disaster response operations under the Union Mechanism, including through scenario-building for disaster response based on the risk assessments referred to in point (a) of Article 6 and the overview of risks referred to in point (c) of Article 5(1), asset mapping and the development of plans for the deployment of response capacities.

1.   The Commission and the Member States shall work together to improve the planning of disaster response operations,
  both for natural or man-made disasters
  , under the Union Mechanism, including through scenario-building for disaster response based on the risk assessments referred to in point (a) of Article 6 and the overview of risks referred to in point (c) of Article 5(1), asset mapping,
  including earth-moving machinery, mobile electricity generators and mobile fire-fighting equipment among those assets
  , and the development of plans for the deployment of response capacities.

Amendment 39

Amendment 39

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 6 – point b

Article 1 – paragraph 1 – point 6 – point b

Decision No 1313/2013/EU

Article 11 – paragraph 1

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| 1.   A European Civil Protection Pool shall be established. It shall consist of a pool of pre-committed response capacities of the Member States and include modules, other response capacities and experts. | | 1.   A European Civil Protection Pool shall be established. It shall consist of a
  voluntary
  pool of pre-committed response capacities of the Member States and include modules, other response capacities and experts. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   A European Civil Protection Pool shall be established. It shall consist of a pool of pre-committed response capacities of the Member States and include modules, other response capacities and experts.

1.   A European Civil Protection Pool shall be established. It shall consist of a
  voluntary
  pool of pre-committed response capacities of the Member States and include modules, other response capacities and experts.

Amendment 40

Amendment 40

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 6 – point b

Article 1 – paragraph 1 – point 6 – point b

Decision No 1313/2013/EU

Article 11 – paragraph 1 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | 1a.
     
  As national prevention should be the first priority of Member States to reduce safety and security risks, the European Civil Protection Pool shall be complementary to existing national capacities. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  As national prevention should be the first priority of Member States to reduce safety and security risks, the European Civil Protection Pool shall be complementary to existing national capacities.

Amendment 41

Amendment 41

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 6 – point b

Article 1 – paragraph 1 – point 6 – point b

Decision No 1313/2013/EU

Article 11 – paragraph 2

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| 2.   On the basis of
  identified
  risks, the Commission shall define the types and the number of key response capacities required for the European Civil Protection Pool ("capacity goals"). The Commission shall monitor progress towards the capacity goals and remaining gaps and shall encourage Member States to address such gaps. The Commission may support Member States in accordance with Article 20, point (i) of Article 21(1) and Article 21(2). | | 2.   On the basis of
  needs and
  risks
  identified on the ground
  , the Commission shall,
  in cooperation with the competent authorities of the Member States
  , define the types and the number of key response capacities required for the European Civil Protection Pool ("capacity goals"). The Commission shall monitor progress towards the capacity goals and remaining gaps and shall encourage Member States to address such gaps. The Commission may support Member States in accordance with Article 20, point (i) of Article 21(1) and Article 21(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   On the basis of
  identified
  risks, the Commission shall define the types and the number of key response capacities required for the European Civil Protection Pool ("capacity goals"). The Commission shall monitor progress towards the capacity goals and remaining gaps and shall encourage Member States to address such gaps. The Commission may support Member States in accordance with Article 20, point (i) of Article 21(1) and Article 21(2).

2.   On the basis of
  needs and
  risks
  identified on the ground
  , the Commission shall,
  in cooperation with the competent authorities of the Member States
  , define the types and the number of key response capacities required for the European Civil Protection Pool ("capacity goals"). The Commission shall monitor progress towards the capacity goals and remaining gaps and shall encourage Member States to address such gaps. The Commission may support Member States in accordance with Article 20, point (i) of Article 21(1) and Article 21(2).

Amendment 42

Amendment 42

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 6 – point c

Article 1 – paragraph 1 – point 6 – point c

Decision No 1313/2013/EU

Article 11 – paragraph 7

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| 7.   Response capacities that Member States make available for the European Civil Protection Pool shall be available for response operations under the Union Mechanism following a request for assistance through the ERCC, unless Member States are faced with an exceptional situation substantially affecting the discharge of national tasks. | | 7.   Response capacities that Member States make available for the European Civil Protection Pool shall be available for response operations under the Union Mechanism following a request for assistance through the ERCC, unless
  in the case of domestic emergencies, force majeure or when
  Member States are faced with an exceptional situation substantially affecting the discharge of national tasks.
  The ultimate decision on their deployment shall be taken by the Member State which registered the response capacity concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   Response capacities that Member States make available for the European Civil Protection Pool shall be available for response operations under the Union Mechanism following a request for assistance through the ERCC, unless Member States are faced with an exceptional situation substantially affecting the discharge of national tasks.

7.   Response capacities that Member States make available for the European Civil Protection Pool shall be available for response operations under the Union Mechanism following a request for assistance through the ERCC, unless
  in the case of domestic emergencies, force majeure or when
  Member States are faced with an exceptional situation substantially affecting the discharge of national tasks.
  The ultimate decision on their deployment shall be taken by the Member State which registered the response capacity concerned.

Amendment 43

Amendment 43

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 6 – point c

Article 1 – paragraph 1 – point 6 – point c

Decision No 1313/2013/EU

Article 11 – paragraph 8 – subparagraph 1

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| In the event of deployment of such response they shall remain under the command and control of the Member States making them available and may be withdrawn
  when
  Member States are faced with
  an
  exceptional
  situation substantially affecting the discharge of national tasks preventing them
  from keeping those response capacities available. In such cases, the Commission shall be consulted. | | In the event of deployment of such response they shall remain under the command and control of the Member States making them available and may be withdrawn
  if those
  Member States are faced with
  domestic emergencies, force majeure or if
  an exceptional situation
  prevents
  them from keeping those response capacities available. In such cases, the Commission shall be consulted. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In the event of deployment of such response they shall remain under the command and control of the Member States making them available and may be withdrawn
  when
  Member States are faced with
  an
  exceptional
  situation substantially affecting the discharge of national tasks preventing them
  from keeping those response capacities available. In such cases, the Commission shall be consulted.

when

an

situation substantially affecting the discharge of national tasks preventing them

In the event of deployment of such response they shall remain under the command and control of the Member States making them available and may be withdrawn
  if those
  Member States are faced with
  domestic emergencies, force majeure or if
  an exceptional situation
  prevents
  them from keeping those response capacities available. In such cases, the Commission shall be consulted.

if those

domestic emergencies, force majeure or if

prevents

Amendment 44

Amendment 44

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 7

Article 1 – paragraph 1 – point 7

Decision No 1313/2013/EU

Article 12 – paragraph 1

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| 1.   rescEU shall be established to provide relief where existing capacities do not allow responding effectively to disasters.” | | 1.   rescEU shall be established to provide relief
  in exceptional circumstances when capacities at national level are not available and
  where existing capacities do not allow responding effectively to disasters.
  RescEU capacities shall not be used to replace Member States' own capacities and relevant responsibilities. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   rescEU shall be established to provide relief where existing capacities do not allow responding effectively to disasters.”

1.   rescEU shall be established to provide relief
  in exceptional circumstances when capacities at national level are not available and
  where existing capacities do not allow responding effectively to disasters.
  RescEU capacities shall not be used to replace Member States' own capacities and relevant responsibilities.

Amendment 45

Amendment 45

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 7

Article 1 – paragraph 1 – point 7

Decision No 1313/2013/EU

Article 12 – paragraph 2

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| 2.   The composition of rescEU shall consist of the following capacities:






  (a) | aerial forest firefighting; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The composition of rescEU shall consist of the following capacities:

(a)

aerial forest firefighting;

| (b) | high capacity pumping; |
| --- | --- |

(b)

high capacity pumping;

| (c) | urban search and rescue; |
| --- | --- |

(c)

urban search and rescue;

| (d) | field hospital and emergency medical teams. |
| --- | --- |

(d)

field hospital and emergency medical teams.

2.   The composition of rescEU
  shall
  consist
  of capacities additional to those that already exist in the Member States, with a view to supplementing and strengthening them, and shall seek to address current and future risks. The capacities are to be identified on the basis of any gaps in response
  capacities
  related to health emergencies, industrial, environmental, seismic or volcanic disasters, floods and fires including forest fires, as well as terrorist attacks and chemical, biological, radiological and nuclear threats.

On the basis of the identified gaps, rescEU shall contain at least the following capacities:

| (a) | aerial forest firefighting; |
| --- | --- |

(a)

aerial forest firefighting;

| (b) | high capacity pumping; |
| --- | --- |

(b)

high capacity pumping;

| (c) | urban search and rescue; |
| --- | --- |

(c)

urban search and rescue;

| (d) | field hospital and emergency medical teams. |
| --- | --- |

(d)

field hospital and emergency medical teams.

Amendment 46

Amendment 46

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 7

Article 1 – paragraph 1 – point 7

Decision No 1313/2013/EU

Article 12 – paragraph 2 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | 2a.
     
  The nature of these capacities shall remain flexible and may change in order to address new developments and future challenges, such as the consequences of climate change. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  The nature of these capacities shall remain flexible and may change in order to address new developments and future challenges, such as the consequences of climate change.

Amendment 47

Amendment 47

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 7

Article 1 – paragraph 1 – point 7

Decision No 1313/2013/EU

Article 12 – paragraph 4

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| 4.   On the basis of identified risks and taking into account a multi-hazard approach, the Commission shall be empowered to adopt delegated acts in accordance with Article 30 to define the types of response capacities required in addition to those identified in paragraph 2 of this Article and revise the composition of rescEU accordingly. Consistency shall be ensured with other Union policies.
  Where, in the case of a disaster or imminent disaster, imperative grounds of urgency so require, the procedure provided for in Article 31 shall apply to delegated acts adopted pursuant to this Article. | | 4.   On the basis of identified risks
  and capacities and risk management planning according to Article 6
  and taking into account an multi-hazard approach, the Commission shall be empowered to adopt delegated acts in accordance with Article 30 to define the types of response capacities required in addition to those identified in paragraph 2 of this Article and revise the composition of rescEU accordingly. Consistency shall be ensured with other Union policies.
  Where, in the case of a disaster or imminent disaster, imperative grounds of urgency so require, the procedure provided for in Article 31 shall apply to delegated acts adopted pursuant to this Article. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   On the basis of identified risks and taking into account a multi-hazard approach, the Commission shall be empowered to adopt delegated acts in accordance with Article 30 to define the types of response capacities required in addition to those identified in paragraph 2 of this Article and revise the composition of rescEU accordingly. Consistency shall be ensured with other Union policies.

Where, in the case of a disaster or imminent disaster, imperative grounds of urgency so require, the procedure provided for in Article 31 shall apply to delegated acts adopted pursuant to this Article.

4.   On the basis of identified risks
  and capacities and risk management planning according to Article 6
  and taking into account an multi-hazard approach, the Commission shall be empowered to adopt delegated acts in accordance with Article 30 to define the types of response capacities required in addition to those identified in paragraph 2 of this Article and revise the composition of rescEU accordingly. Consistency shall be ensured with other Union policies.

Where, in the case of a disaster or imminent disaster, imperative grounds of urgency so require, the procedure provided for in Article 31 shall apply to delegated acts adopted pursuant to this Article.

Amendment 48

Amendment 48

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 7

Article 1 – paragraph 1 – point 7

Decision No 1313/2013/EU

Article 12 – paragraph 5

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| 5.   The Commission shall define quality requirements for the response capacities forming part of rescEU. The quality requirements shall be based on established international standards, where such standards already exist. | | 5.   The Commission,
  in cooperation with the Member States
  , shall define quality requirements for the response capacities forming part of rescEU. The quality requirements shall be based on established international standards, where such standards already exist. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   The Commission shall define quality requirements for the response capacities forming part of rescEU. The quality requirements shall be based on established international standards, where such standards already exist.

5.   The Commission,
  in cooperation with the Member States
  , shall define quality requirements for the response capacities forming part of rescEU. The quality requirements shall be based on established international standards, where such standards already exist.

Amendment 49

Amendment 49

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 7

Article 1 – paragraph 1 – point 7

Decision No 1313/2013/EU

Article 12 – paragraph 7

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| 7.   rescEU capacities shall be available for response operations under the Union Mechanism following a request for assistance through the ERCC. The decision on their deployment shall be taken by the Commission,
  which
  shall retain
  command and control
  of rescEU capacities. | | 7.   rescEU capacities shall be available for response operations under the Union Mechanism following a request for assistance through the ERCC. The decision on their deployment shall be taken by the Commission, which shall retain the
  strategic coordination
  of rescEU capacities
  and be the authority over deployment whilst the operational command and control shall remain with the officials responsible in the recipient Member States. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   rescEU capacities shall be available for response operations under the Union Mechanism following a request for assistance through the ERCC. The decision on their deployment shall be taken by the Commission,
  which
  shall retain
  command and control
  of rescEU capacities.

7.   rescEU capacities shall be available for response operations under the Union Mechanism following a request for assistance through the ERCC. The decision on their deployment shall be taken by the Commission, which shall retain the
  strategic coordination
  of rescEU capacities
  and be the authority over deployment whilst the operational command and control shall remain with the officials responsible in the recipient Member States.

Amendment 50

Amendment 50

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 7

Article 1 – paragraph 1 – point 7

Decision No 1313/2013/EU

Article 12 – paragraph 8

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| 8.   In case of deployment, the Commission shall agree with the requesting Member State on the operational deployment of rescEU capacities. The requesting Member State shall facilitate operational co-ordination of its own capacities and rescEU activities during operations. | | 8.   In case of deployment, the Commission
  through the ERCC
  shall agree with the requesting Member State on the operational deployment of rescEU capacities. The requesting Member State shall facilitate operational co-ordination of its own capacities and rescEU activities during operations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8.   In case of deployment, the Commission shall agree with the requesting Member State on the operational deployment of rescEU capacities. The requesting Member State shall facilitate operational co-ordination of its own capacities and rescEU activities during operations.

8.   In case of deployment, the Commission
  through the ERCC
  shall agree with the requesting Member State on the operational deployment of rescEU capacities. The requesting Member State shall facilitate operational co-ordination of its own capacities and rescEU activities during operations.

Amendment 51

Amendment 51

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 7

Article 1 – paragraph 1 – point 7

Decision No 1313/2013/EU

Article 12 – paragraph 10

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| 10.   Where the Commission procures equipment such as aerial forest firefighting equipment, by means of acquisition, leasing or rental, the following shall be ensured:






  (a) | in case of acquisition of equipment, an agreement between the Commission and a Member State provides for the registration thereof in that Member State. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

10.   Where the Commission procures equipment such as aerial forest firefighting equipment, by means of acquisition, leasing or rental, the following shall be ensured:

(a)

in case of acquisition of equipment, an agreement between the Commission and a Member State provides for the registration thereof in that Member State.

| (b) | in case of leasing and rental, the registration of the equipment in a Member State. |
| --- | --- |

(b)

in case of leasing and rental, the registration of the equipment in a Member State.

10.   Where the Commission procures equipment such as aerial forest firefighting equipment, by means of acquisition, leasing or rental, the following shall be ensured:

| (a) | in case of acquisition of equipment, an agreement between the Commission and a Member State provides for the registration thereof in that Member State. |
| --- | --- |

(a)

in case of acquisition of equipment, an agreement between the Commission and a Member State provides for the registration thereof in that Member State.

| (b) | in case of leasing and rental, the registration of the equipment in a Member State
  shall not be compulsory. |
| --- | --- |

(b)

in case of leasing and rental, the registration of the equipment in a Member State
  shall not be compulsory.

| (ba) | commercial aircraft management is assigned to EASA certified operators. |
| --- | --- |

(ba)

commercial aircraft management is assigned to EASA certified operators.

Amendment 52

Amendment 52

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 8

Article 1 – paragraph 1 – point 8

Decision No 1313/2013/EU

Article 12a – paragraph 1

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| The Commission shall inform the European Parliament and the Council of operations and progress made under Articles 11 and 12 every
  two years
  . | | The Commission shall inform the European Parliament and the Council of operations and progress made under Articles 11 and 12 every
  year
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall inform the European Parliament and the Council of operations and progress made under Articles 11 and 12 every
  two years
  .

two years

The Commission shall inform the European Parliament and the Council of operations and progress made under Articles 11 and 12 every
  year
  .

year

Amendment 53

Amendment 53

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 8

Article 1 – paragraph 1 – point 8

Decision No 1313/2013/EU

Article 12a – paragraph 1 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | This information shall include an overview of the budgetary and cost developments, with a detailed technical and financial assessment, precise information on cost increases and changes in the types of response capacities required and the quality requirements of those capacities, if any, as well as the reasons for any such increases or changes. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

This information shall include an overview of the budgetary and cost developments, with a detailed technical and financial assessment, precise information on cost increases and changes in the types of response capacities required and the quality requirements of those capacities, if any, as well as the reasons for any such increases or changes.

This information shall include an overview of the budgetary and cost developments, with a detailed technical and financial assessment, precise information on cost increases and changes in the types of response capacities required and the quality requirements of those capacities, if any, as well as the reasons for any such increases or changes.

Amendment 54

Amendment 54

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 9

Article 1 – paragraph 1 – point 9

Decision No 1313/2013/EU

Article 13 – paragraph 1 – subparagraph 1

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| The Commission shall establish a network of relevant civil protection and disaster management actors and institutions, forming together with the Commission a Union Civil Protection Knowledge Network. | | The Commission shall establish a network of relevant civil protection and disaster management actors and institutions,
  including centres of excellence, universities and researchers
  , forming together with the Commission a Union Civil Protection Knowledge Network.
  The Commission shall take due account of the expertise available in the Member States and the organisations active on the ground. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall establish a network of relevant civil protection and disaster management actors and institutions, forming together with the Commission a Union Civil Protection Knowledge Network.

The Commission shall establish a network of relevant civil protection and disaster management actors and institutions,
  including centres of excellence, universities and researchers
  , forming together with the Commission a Union Civil Protection Knowledge Network.
  The Commission shall take due account of the expertise available in the Member States and the organisations active on the ground.

including centres of excellence, universities and researchers

The Commission shall take due account of the expertise available in the Member States and the organisations active on the ground.

Amendment 55

Amendment 55

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 9

Article 1 – paragraph 1 – point 9

Decision No 1313/2013/EU

Article 13 – paragraph 1 –subparagraph 2 – introductory sentence

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| The Network shall carry out the following tasks in the field of training, exercises, lessons learnt and knowledge dissemination, in close coordination with relevant knowledge centres, where appropriate: | | The Network shall,
  while aiming for a gender balanced composition
  , carry out the following tasks in the field of training, exercises, lessons learnt and knowledge dissemination, in close coordination with relevant knowledge centres, where appropriate: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Network shall carry out the following tasks in the field of training, exercises, lessons learnt and knowledge dissemination, in close coordination with relevant knowledge centres, where appropriate:

The Network shall,
  while aiming for a gender balanced composition
  , carry out the following tasks in the field of training, exercises, lessons learnt and knowledge dissemination, in close coordination with relevant knowledge centres, where appropriate:

while aiming for a gender balanced composition

Amendment 56

Amendment 56

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 9 a (new)

Article 1 – paragraph 1 – point 9 a (new)

Decision No 1313/2013/EU

Article 13 – paragraph 1 – subparagraph 2 – point a

| Present text | | Amendment |
| --- | --- | --- |
| (a) | set up and manage a training programme for civil protection and emergency management personnel on prevention of, preparedness for and response to disasters. The programme shall include joint courses and a system for exchange of experts, whereby individuals may be seconded to other Member States. |

Present text

Amendment

Amendment

(a)

set up and manage a training programme for civil protection and emergency management personnel on prevention of, preparedness for and response to disasters. The programme shall include joint courses and a system for exchange of experts, whereby individuals may be seconded to other Member States.

The
  training
  programme shall aim to enhance the coordination, compatibility and complementarity between capacities referred to in Articles 9
  and
  11, and to improve the competence of experts referred to in points (d) and (f) of Article 8;

training

and

| (9a) | In Article 13(1), point (a) is replaced by the following: |
| --- | --- |

(9a)

(9a)

In Article 13(1), point (a) is replaced by the following:

| ‘(a) | set up and manage a training programme for civil protection and emergency management personnel on prevention of, preparedness for and response to disasters. The programme shall include joint courses and a system for exchange of experts, whereby individuals may be seconded to other Member States.
  A new Erasmus civil protection programme shall be introduced, in keeping with the rules and principles of Regulation (EU) No 1288/2013

   (*1). |
| --- | --- |

‘(a)

set up and manage a training programme for civil protection and emergency management personnel on prevention of, preparedness for and response to disasters. The programme shall include joint courses and a system for exchange of experts, whereby individuals may be seconded to other Member States.
  A new Erasmus civil protection programme shall be introduced, in keeping with the rules and principles of Regulation (EU) No 1288/2013

   (*1).

A new Erasmus civil protection programme shall be introduced, in keeping with the rules and principles of Regulation (EU) No 1288/2013

*1

The
  Erasmus civil protection
  programme shall
  also
  aim to enhance the coordination, compatibility and complementarity between capacities referred to in Articles 9, 11
  and 12
  , and to improve the competence of experts referred to in points (d) and (f) of Article 8.

Erasmus civil protection

also

and 12

The Erasmus civil protection programme shall include an international dimension aimed at supporting the Union’s external action, including its development goals, through cooperation between Member States and between partner countries.

The Erasmus civil protection programme shall include an international dimension aimed at supporting the Union’s external action, including its development goals, through cooperation between Member States and between partner countries.

Amendment 57

Amendment 57

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 9 b (new)

Article 1 – paragraph 1 – point 9 b (new)

Decision No 1313/2013/EU

Article 13 – paragraph 1 – subparagraph 2 – point f

| Present text | | Amendment |
| --- | --- | --- |
| (f) | stimulate and encourage the introduction and use of relevant new technologies for the purpose of the Union Mechanism. |

Present text

Amendment

Amendment

(f)

stimulate and encourage the introduction and use of relevant new technologies for the purpose of the Union Mechanism.

| (9b) | In Article 13(1), point (f) is replaced by the following: |
| --- | --- |

(9b)

(9b)

In Article 13(1), point (f) is replaced by the following:

| ‘(f) | stimulate
  research and innovation
  and encourage the introduction and use of relevant new technologies for the purpose of the Union Mechanism.’ |
| --- | --- |

‘(f)

stimulate
  research and innovation
  and encourage the introduction and use of relevant new technologies for the purpose of the Union Mechanism.’

research and innovation

Amendment 58

Amendment 58

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 9c (new)

Article 1 – paragraph 1 – point 9c (new)

Decision No 1313/2013/EU

Article 13 – paragraph 3 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (9c) | in Article 13, the following paragraph is added: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(9c)

(9c)

in Article 13, the following paragraph is added:

‘
  3a.
     
  The Commission shall extend training capacities, and increase the sharing of knowledge and experience, between the Union Civil Protection Knowledge Network and international organisations and third countries, to contribute to meeting international commitments with regard to disaster risk reduction, particularly those in the Sendai Framework.’

Amendment 59

Amendment 59

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 11 a (new)

Article 1 – paragraph 1 – point 11 a (new)

Decision No 1313/2013/EU

Article 16 – paragraph 2

| Present text | | Amendment |
| --- | --- | --- |
| 2.   Interventions under this Article may be conducted either as an autonomous assistance intervention or as a contribution to an intervention led by an international organisation. The Union coordination shall be fully integrated with the overall coordination provided by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), and shall respect its leading role. | | (11a) | in Article 16, paragraph 2 is replaced by the following: |

Present text

Amendment

Amendment

2.   Interventions under this Article may be conducted either as an autonomous assistance intervention or as a contribution to an intervention led by an international organisation. The Union coordination shall be fully integrated with the overall coordination provided by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), and shall respect its leading role.

(11a)

(11a)

in Article 16, paragraph 2 is replaced by the following:

‘2.   Interventions under this Article may be conducted either as an autonomous assistance intervention or as a contribution to an intervention led by an international organisation. The Union coordination shall be fully integrated with the overall coordination provided by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), and shall respect its leading role.
  In the case of man-made disasters or complex emergencies, the Commission shall clearly define, in consultation with humanitarian actors, the scope of the intervention and its relationship with the parties involved in the wider humanitarian response, ensuring consistency with the European Consensus on Humanitarian Aid and respect for humanitarian principles.
  ’

Amendment 60

Amendment 60

Proposal for a decision

Proposal for a decision

Article 1 – paragraph – point 12

Article 1 – paragraph – point 12

Decision No 1313/2013/EU

Article 19 – paragraph 1 – subparagraph 2 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | The necessary appropriations for the Union Mechanism shall be gradually authorised by the European Parliament and the Council in the framework of the annual budgetary procedure, taking due account of all means available under Council Regulation (EU, Euratom) No 1311/2013

   (*2),
  with particular recourse to the Flexibility Instrument, as set out in Annex I. |
| | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The necessary appropriations for the Union Mechanism shall be gradually authorised by the European Parliament and the Council in the framework of the annual budgetary procedure, taking due account of all means available under Council Regulation (EU, Euratom) No 1311/2013

   (*2),
  with particular recourse to the Flexibility Instrument, as set out in Annex I.

The necessary appropriations for the Union Mechanism shall be gradually authorised by the European Parliament and the Council in the framework of the annual budgetary procedure, taking due account of all means available under Council Regulation (EU, Euratom) No 1311/2013

*2

with particular recourse to the Flexibility Instrument, as set out in Annex I.

Amendment 61

Amendment 61

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 13

Article 1 – paragraph 1 – point 13

Decision No 1313/2013/EU

Article 20 a – paragraph 1

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| Any assistance or funding provided under this Decision shall give appropriate visibility to the Union, including prominence to the Union emblem for those capacities referred to under Article 11, 12 and 21(2)(c). | | Any assistance or funding provided under this Decision shall give appropriate visibility to the Union, including prominence to the Union emblem for those capacities referred to under Article 11, 12 and 21(2)(c).
  A communication strategy shall be developed in order to make the tangible results of the actions taken under the Union Mechanism visible to citizens. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Any assistance or funding provided under this Decision shall give appropriate visibility to the Union, including prominence to the Union emblem for those capacities referred to under Article 11, 12 and 21(2)(c).

Any assistance or funding provided under this Decision shall give appropriate visibility to the Union, including prominence to the Union emblem for those capacities referred to under Article 11, 12 and 21(2)(c).
  A communication strategy shall be developed in order to make the tangible results of the actions taken under the Union Mechanism visible to citizens.

A communication strategy shall be developed in order to make the tangible results of the actions taken under the Union Mechanism visible to citizens.

Amendment 62

Amendment 62

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 15 – point b

Article 1 – paragraph 1 – point 15 – point b

Decision No 1313/2013/EU

Article 23 – paragraph 2 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | 2a.
     
  For Member States’ capacities that are not pre-committed to the European Civil Protection Pool, the amount of Union financial support for transport resources shall not exceed 55% of the total eligible cost. To be eligible for such funding, Member States shall undertake to produce a register of all the capacities at their disposal, together with the relevant management structures, over and beyond those pre-committed to the European Civil Protection Pool, enabling them to respond to health, industrial, seismic or volcanic disasters, to floods and forest fires, to terrorist attacks and to chemical, biological, radiological and nuclear attacks. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  For Member States’ capacities that are not pre-committed to the European Civil Protection Pool, the amount of Union financial support for transport resources shall not exceed 55% of the total eligible cost. To be eligible for such funding, Member States shall undertake to produce a register of all the capacities at their disposal, together with the relevant management structures, over and beyond those pre-committed to the European Civil Protection Pool, enabling them to respond to health, industrial, seismic or volcanic disasters, to floods and forest fires, to terrorist attacks and to chemical, biological, radiological and nuclear attacks.

Amendment 63

Amendment 63

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 16

Article 1 – paragraph 1 – point 16

Decision No 1313/2013/EU

Article 26 – paragraph 2

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| 2.   Synergies and complementarity shall be sought with other instruments of the Union such as those supporting cohesion, rural development, research, health, as well as migration and security policies. In the case of a response to humanitarian crises in third countries the Commission shall ensure the complementarity and coherence of actions financed under this Decision and actions financed under Regulation (EC) No 1257/96. | | 2.   Synergies, complementarity
  and increased coordination
  shall be
  developed
  with other instruments of the Union such as those supporting cohesion,
  including the European Union Solidarity Fund
  , rural development, research, health, as well as migration and security policies,
  without entailing the reallocation of the funds from those areas
  . In the case of a response to humanitarian crises in third countries the Commission shall ensure the complementarity and coherence of actions financed under this Decision and actions financed under Regulation (EC) No 1257/96,
  whilst respecting the distinct and independent nature of those actions and their funding, and ensuring that they are in line with the European Consensus on Humanitarian Aid
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Synergies and complementarity shall be sought with other instruments of the Union such as those supporting cohesion, rural development, research, health, as well as migration and security policies. In the case of a response to humanitarian crises in third countries the Commission shall ensure the complementarity and coherence of actions financed under this Decision and actions financed under Regulation (EC) No 1257/96.

2.   Synergies, complementarity
  and increased coordination
  shall be
  developed
  with other instruments of the Union such as those supporting cohesion,
  including the European Union Solidarity Fund
  , rural development, research, health, as well as migration and security policies,
  without entailing the reallocation of the funds from those areas
  . In the case of a response to humanitarian crises in third countries the Commission shall ensure the complementarity and coherence of actions financed under this Decision and actions financed under Regulation (EC) No 1257/96,
  whilst respecting the distinct and independent nature of those actions and their funding, and ensuring that they are in line with the European Consensus on Humanitarian Aid
  .

Amendment 64

Amendment 64

Proposal for a decision

Proposal for a decision

Article 1 – paragraph 1 – point 18

Article 1 – paragraph 1 – point 18

Decision No 1313/2013/EU

Article 32 – paragraph 1 – point g

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (g) | the establishment, management and maintaining of rescEU, as provided for in Article 12, including criteria for deployment decisions
  and
  operating procedures; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

the establishment, management and maintaining of rescEU, as provided for in Article 12, including criteria for deployment decisions
  and
  operating procedures;

and

| (g) | the establishment, management and maintaining of rescEU, as provided for in Article 12, including criteria for deployment decisions, operating procedures
  and the conditions for deployment of rescEU capacities at national level by a Member State and financial and other arrangements related thereto
  ; |
| --- | --- |

(g)

the establishment, management and maintaining of rescEU, as provided for in Article 12, including criteria for deployment decisions, operating procedures
  and the conditions for deployment of rescEU capacities at national level by a Member State and financial and other arrangements related thereto
  ;

and the conditions for deployment of rescEU capacities at national level by a Member State and financial and other arrangements related thereto

Amendment 65

Amendment 65

Proposal for a decision

Proposal for a decision

Annex I (new)

Annex I (new)

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

ANNEX I

ANNEX I

INDICATIVE ADDITIONAL FINANCIAL ALLOCATIONS FOR THE PERIOD 2018-2020

INDICATIVE ADDITIONAL FINANCIAL ALLOCATIONS FOR THE PERIOD 2018-2020

| | | 2018 | 2019 | 2020 | TOTAL |
| --- | --- | --- | --- | --- | --- |
| Total additional appropriations under Heading 3

   (*3) | CA | 19,157 | 115,2 | 122,497 | 256,854 |
| PA | 11 | 56,56 | 115,395 | 182,955 |
| Total additional appropriations under Heading 4

   (*3) | CA | 2 | 2 | 2,284 | 6,284 |
| PA | 0,8 | 1,8 | 2,014 | 4,614 |
| Total additional appropriations under Headings 3 and 4 combined

   (*3) | CA | 21,157 | 117,2 | 124,781 | 263,138 |
| PA | 11,8 | 58,36 | 117,409 | 187,569 |
| (figures in EUR million) |

2018

2018

2019

2019

2020

2020

TOTAL

TOTAL

Total additional appropriations under Heading 3

   (*3)

Total additional appropriations under Heading 3

*3

CA

CA

19,157

19,157

115,2

115,2

122,497

122,497

256,854

256,854

PA

PA

11

11

56,56

56,56

115,395

115,395

182,955

182,955

Total additional appropriations under Heading 4

   (*3)

Total additional appropriations under Heading 4

*3

CA

CA

2

2

2

2

2,284

2,284

6,284

6,284

PA

PA

0,8

0,8

1,8

1,8

2,014

2,014

4,614

4,614

Total additional appropriations under Headings 3 and 4 combined

   (*3)

Total additional appropriations under Headings 3 and 4 combined

*3

CA

CA

21,157

21,157

117,2

117,2

124,781

124,781

263,138

263,138

PA

PA

11,8

11,8

58,36

58,36

117,409

117,409

187,569

187,569

(figures in EUR million)

(figures in EUR million)

---

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0180/2018).

1

(2)  Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).

2

(3)  Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).

3

(4)  
  Report from the Commission to the European Parliament and the Council on progress made and gaps remaining in the European Emergency Response Capacity, 17.02.2017.

4

Report from the Commission to the European Parliament and the Council on progress made and gaps remaining in the European Emergency Response Capacity, 17.02.2017.

(5)  
  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).

5

Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).

(6)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

6

(7)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

7

(8)  Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross border threats to health and repealing Decision No 2119/98/EC (OJ L 293, 5.11.2013, p. 1).

8

(9)  Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross border threats to health and repealing Decision No 2119/98/EC (OJ L 293, 5.11.2013, p. 1).

9

(*1)  
  Regulation (EU) No 1288/2013 of the European Parliament and of the Council of 11 December 2013 establishing ‘Erasmus+’: the Union programme for education, training, youth and sport and repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No 1298/2008/EC (OJ L 347, 20.12.2013, p. 50).
  ’

*1

Regulation (EU) No 1288/2013 of the European Parliament and of the Council of 11 December 2013 establishing ‘Erasmus+’: the Union programme for education, training, youth and sport and repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No 1298/2008/EC (OJ L 347, 20.12.2013, p. 50).

(*2)  
  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).

*2

Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).

(*3)  
  The full amounts are to be provided through the Flexibility Instrument.

*3

The full amounts are to be provided through the Flexibility Instrument.

---