# Official Journal C 182E/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.CE2012.182.eng |
| --- | --- |
| Official Journal
  of the European Union | C 182E |
| | |
| English edition | Information and Notices | Volume 5522 June 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.CE2012.182.eng

Official Journal

of the European Union

C 182E

English edition

Information and Notices

Volume 5522 June 2012

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RESOLUTIONS |
| | European Parliament2010-2011 SESSIONSitting of 3 February 2011The Minutes of this session have been published in OJ C 111 E, 9.4.2011.
  The texts adopted on 3 February 2011 on the closure of the accounts of the European Police College for the financial year 2008 have been published in OJ L 62, 9.3.2011.
  TEXTS ADOPTED |
| | Thursday 3 February 2011 |
| 2012/C 182E/01 | Agreement on trade in bananasEuropean Parliament resolution of 3 February 2011 on the conclusion of a Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of an Agreement on Trade in Bananas between the European Union and the United States | 1 |
| 2012/C 182E/02 | Situation in TunisiaEuropean Parliament resolution of 3 February 2011 on the situation in Tunisia | 6 |
| 2012/C 182E/03 | Tuberculosis Vaccine Initiative (TBVI)European Parliament resolution of 3 February 2011 on the Tuberculosis Vaccine Initiative (TBVI) – practical implementation of the Europe 2020 strategy with a view to meeting MDG 6 and eliminating tuberculosis by 2050 | 9 |
| 2012/C 182E/04 | Waste crisis in CampaniaEuropean Parliament resolution of 3 February 2011 on the waste crisis in Campania | 12 |
| 2012/C 182E/05 | Increased coordination of cancer research in the European UnionDeclaration of the European Parliament of 3 February 2011 on the need for increased coordination of cancer research in the European Union | 16 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament2010-2011 SESSIONSitting of 3 February 2011The Minutes of this session have been published in OJ C 111 E, 9.4.2011.
  The texts adopted on 3 February 2011 on the closure of the accounts of the European Police College for the financial year 2008 have been published in OJ L 62, 9.3.2011.
  TEXTS ADOPTED

The texts adopted on 3 February 2011 on the closure of the accounts of the European Police College for the financial year 2008 have been published in OJ L 62, 9.3.2011.

Thursday 3 February 2011

2012/C 182E/01

Agreement on trade in bananasEuropean Parliament resolution of 3 February 2011 on the conclusion of a Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of an Agreement on Trade in Bananas between the European Union and the United States

1

2012/C 182E/02

Situation in TunisiaEuropean Parliament resolution of 3 February 2011 on the situation in Tunisia

6

2012/C 182E/03

Tuberculosis Vaccine Initiative (TBVI)European Parliament resolution of 3 February 2011 on the Tuberculosis Vaccine Initiative (TBVI) – practical implementation of the Europe 2020 strategy with a view to meeting MDG 6 and eliminating tuberculosis by 2050

9

2012/C 182E/04

Waste crisis in CampaniaEuropean Parliament resolution of 3 February 2011 on the waste crisis in Campania

12

2012/C 182E/05

Increased coordination of cancer research in the European UnionDeclaration of the European Parliament of 3 February 2011 on the need for increased coordination of cancer research in the European Union

16

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| | Thursday 3 February 2011 |
| 2012/C 182E/06 | Request for waiver of the immunity of Tamás DeutschEuropean Parliament decision of 3 February 2011 on the request for waiver of the immunity of Tamás Deutsch (2010/2123(IMM)) | 18 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Thursday 3 February 2011

2012/C 182E/06

Request for waiver of the immunity of Tamás DeutschEuropean Parliament decision of 3 February 2011 on the request for waiver of the immunity of Tamás Deutsch (2010/2123(IMM))

18

| | III   Preparatory acts |
| --- | --- |
| | EUROPEAN PARLIAMENT |
| | Thursday 3 February 2011 |
| 2012/C 182E/07 | Financing instrument for development cooperation ***IIEuropean Parliament legislative resolution of 3 February 2011 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 Council Regulation (EC) No 1905/2006 establishing a financing instrument for development cooperation (16447/1/2010 – C7-0424/2010 – 2010/0059(COD)) | 20 |
| P7_TC2-COD(2010)0059Position of the European Parliament adopted at second reading on 3 February 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Regulation (EC) No 1905/2006 establishing a financing instrument for development cooperation | 21 |
| ANNEX I | 27 |
| ANNEX II | 27 |
| 2012/C 182E/08 | Establishment of a financing instrument for the promotion of democracy and human rights worldwide (amendment of Regulation (EC) No 1889/2006) ***IIEuropean Parliament legislative resolution of 3 February 2011 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 (EC) No 1889/2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide (16446/1/2010 – C7-0427/2010 – 2009/0060B(COD)) | 28 |
| P7_TC2-COD(2009)0060BPosition of the European Parliament adopted at second reading on 3 February 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Regulation (EC) No 1889/2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide | 28 |
| 2012/C 182E/09 | Financing instrument for development cooperation (amendment of Regulation (EC) No 1905/2006) ***IIEuropean Parliament legislative resolution of 3 February 2011 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 (EC) No 1905/2006 establishing a financing instrument for development cooperation (16442/1/2010 – C7-0426/2010 – 2009/0060A(COD)) | 32 |
| P7_TC2-COD(2009)0060APosition of the European Parliament adopted at second reading on 3 February 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Regulation (EC) No 1905/2006 establishing a financing instrument for development cooperation | 32 |
| 2012/C 182E/10 | Establishment of a financing instrument for cooperation with industrialised countries (amendment of Regulation (EC) No 1934/2006) ***IIEuropean Parliament legislative resolution of 3 February 2011 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 Council Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories (16440/1/2010 – C7-0425/2010 – 2009/0059(COD)) | 36 |
| P7_TC2-COD(2009)0059Position of the European Parliament adopted at second reading on 3 February 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Council Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories | 37 |
| ANNEX | 46 |
| 2012/C 182E/11 | Agreements on trade in bananas ***European Parliament legislative resolution of 3 February 2011 on the draft Council decision on the conclusion of a Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of an Agreement on Trade in Bananas between the European Union and the United States of America (07782/2010 – C7-0148/2010 – 2010/0057(NLE)) | 47 |
| 2012/C 182E/12 | Repeal of Council Regulation (EC) No 1964/2005 on the tariff rates for bananas ***IEuropean Parliament legislative resolution of 3 February 2011 on the proposal for a regulation of the European Parliament and of the Council repealing Council Regulation (EC) No 1964/2005 on the tariff rates for bananas (COM(2010)0096 – C7-0074/2010 – 2010/0056(COD)) | 48 |
| P7_TC1-COD(2010)0056Position of the European Parliament adopted at first reading on 3 February 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council repealing Council Regulation (EC) No 1964/2005 on the tariff rates for bananas | 49 |
| 2012/C 182E/13 | Waste electrical and electronic equipment ***IEuropean Parliament legislative resolution of 3 February 2011 on the proposal for a directive of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (recast) (COM(2008)0810 – C6-0472/2008 – 2008/0241(COD)) | 49 |
| P7_TC1-COD(2008)0241Position of the European Parliament adopted at first reading on 3 February 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (recast) (
  1
  ) | 50 |
| ANNEX IA | 72 |
| ANNEX IB | 72 |
| ANNEX II | 74 |
| ANNEX III | 75 |
| ANNEX IV | 77 |
| ANNEX V | 77 |
| ANNEX VI | 78 |
| ANNEX VII | 78 |

III   Preparatory acts

EUROPEAN PARLIAMENT

Thursday 3 February 2011

2012/C 182E/07

Financing instrument for development cooperation ***IIEuropean Parliament legislative resolution of 3 February 2011 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 Council Regulation (EC) No 1905/2006 establishing a financing instrument for development cooperation (16447/1/2010 – C7-0424/2010 – 2010/0059(COD))

20

P7_TC2-COD(2010)0059Position of the European Parliament adopted at second reading on 3 February 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Regulation (EC) No 1905/2006 establishing a financing instrument for development cooperation

21

ANNEX I

27

ANNEX II

27

2012/C 182E/08

Establishment of a financing instrument for the promotion of democracy and human rights worldwide (amendment of Regulation (EC) No 1889/2006) ***IIEuropean Parliament legislative resolution of 3 February 2011 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 (EC) No 1889/2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide (16446/1/2010 – C7-0427/2010 – 2009/0060B(COD))

28

P7_TC2-COD(2009)0060BPosition of the European Parliament adopted at second reading on 3 February 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Regulation (EC) No 1889/2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide

28

2012/C 182E/09

Financing instrument for development cooperation (amendment of Regulation (EC) No 1905/2006) ***IIEuropean Parliament legislative resolution of 3 February 2011 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 (EC) No 1905/2006 establishing a financing instrument for development cooperation (16442/1/2010 – C7-0426/2010 – 2009/0060A(COD))

32

P7_TC2-COD(2009)0060APosition of the European Parliament adopted at second reading on 3 February 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Regulation (EC) No 1905/2006 establishing a financing instrument for development cooperation

32

2012/C 182E/10

Establishment of a financing instrument for cooperation with industrialised countries (amendment of Regulation (EC) No 1934/2006) ***IIEuropean Parliament legislative resolution of 3 February 2011 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 Council Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories (16440/1/2010 – C7-0425/2010 – 2009/0059(COD))

36

P7_TC2-COD(2009)0059Position of the European Parliament adopted at second reading on 3 February 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Council Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories

37

ANNEX

46

2012/C 182E/11

Agreements on trade in bananas ***European Parliament legislative resolution of 3 February 2011 on the draft Council decision on the conclusion of a Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of an Agreement on Trade in Bananas between the European Union and the United States of America (07782/2010 – C7-0148/2010 – 2010/0057(NLE))

47

2012/C 182E/12

Repeal of Council Regulation (EC) No 1964/2005 on the tariff rates for bananas ***IEuropean Parliament legislative resolution of 3 February 2011 on the proposal for a regulation of the European Parliament and of the Council repealing Council Regulation (EC) No 1964/2005 on the tariff rates for bananas (COM(2010)0096 – C7-0074/2010 – 2010/0056(COD))

48

P7_TC1-COD(2010)0056Position of the European Parliament adopted at first reading on 3 February 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council repealing Council Regulation (EC) No 1964/2005 on the tariff rates for bananas

49

2012/C 182E/13

Waste electrical and electronic equipment ***IEuropean Parliament legislative resolution of 3 February 2011 on the proposal for a directive of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (recast) (COM(2008)0810 – C6-0472/2008 – 2008/0241(COD))

49

P7_TC1-COD(2008)0241Position of the European Parliament adopted at first reading on 3 February 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (recast) (
  1
  )

1

50

ANNEX IA

ANNEX IA

72

ANNEX IB

ANNEX IB

72

ANNEX II

74

ANNEX III

75

ANNEX IV

77

ANNEX V

77

ANNEX VI

78

ANNEX VII

78

| Key to symbols used






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

Key to symbols used

*

Consultation procedure

**I

Cooperation procedure: first reading

**II

Cooperation procedure: second reading

***

Assent procedure

***I

Codecision procedure: first reading

***II

Codecision procedure: second reading

***III

Codecision procedure: third reading

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

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

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

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

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| EN | |
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EN

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I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament 2010-2011 SESSION Sitting of 3 February 2011 The Minutes of this session have been published in OJ C 111 E, 9.4.2011. The texts adopted on 3 February 2011 on the closure of the accounts of the European Police College for the financial year 2008 have been published in OJ L 62, 9.3.2011. TEXTS ADOPTED

Thursday 3 February 2011

| 22.6.2012 | EN | Official Journal of the European Union | CE 182/1 |
| --- | --- | --- | --- |

22.6.2012

EN

Official Journal of the European Union

CE 182/1

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Thursday 3 February 2011Agreement on trade in bananas

P7_TA(2011)0034

European Parliament resolution of 3 February 2011 on the conclusion of a Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of an Agreement on Trade in Bananas between the European Union and the United States

2012/C 182 E/01

The European Parliament,

| — | having regard to its resolutions of 1 December 2005 on preparations for the sixth Ministerial Conference of the World Trade Organisation in Hong Kong (1), of 4 April 2006 on the assessment of the Doha Round following the WTO Ministerial Conference in Hong Kong (2), of 27 April 2006 on a stronger partnership between the European Union and Latin America (3), of 7 September 2006 on the suspension of negotiations on the Doha Development Agenda (DDA) (4), of 12 October 2006 on economic and trade relations between the EU and Mercosur with a view to the conclusion of an Interregional Association Agreement (5), of 23 May 2007 on Economic Partnership Agreements (6), of 12 December 2007 on Economic Partnership Agreements (7), of 24 April 2008 on the Fifth Latin America and Caribbean-European Union Summit in Lima (8) and on Towards a reform of the World Trade Organisation (9), of 9 October 2008 on the suspension of the WTO Doha Round and the future of the Doha Development Agenda (10), of 25 March 2009 on the Economic Partnership Agreement between the Cariforum States, of the one part, and the European Community and its Member States, of the other part (11), of its position of 25 March 2009 on the proposal for a Council Decision on the conclusion of the Economic Partnership Agreement between the Cariforum States, of the one part, and the European Community and its Member States, of the other part (12), of 5 May 2010 on the EU strategy for relations with Latin America (13) and of 21 October 2010 on the European Union's trade relations with Latin America (14), |
| --- | --- |

—

having regard to its resolutions of 1 December 2005 on preparations for the sixth Ministerial Conference of the World Trade Organisation in Hong Kong (1), of 4 April 2006 on the assessment of the Doha Round following the WTO Ministerial Conference in Hong Kong (2), of 27 April 2006 on a stronger partnership between the European Union and Latin America (3), of 7 September 2006 on the suspension of negotiations on the Doha Development Agenda (DDA) (4), of 12 October 2006 on economic and trade relations between the EU and Mercosur with a view to the conclusion of an Interregional Association Agreement (5), of 23 May 2007 on Economic Partnership Agreements (6), of 12 December 2007 on Economic Partnership Agreements (7), of 24 April 2008 on the Fifth Latin America and Caribbean-European Union Summit in Lima (8) and on Towards a reform of the World Trade Organisation (9), of 9 October 2008 on the suspension of the WTO Doha Round and the future of the Doha Development Agenda (10), of 25 March 2009 on the Economic Partnership Agreement between the Cariforum States, of the one part, and the European Community and its Member States, of the other part (11), of its position of 25 March 2009 on the proposal for a Council Decision on the conclusion of the Economic Partnership Agreement between the Cariforum States, of the one part, and the European Community and its Member States, of the other part (12), of 5 May 2010 on the EU strategy for relations with Latin America (13) and of 21 October 2010 on the European Union's trade relations with Latin America (14),

| — | having regard to the ‘Geneva Agreement on Trade in Bananas’ between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of the Agreement on Trade in Bananas between the European Union and the United States (hereinafter ‘the Agreements on Trade in Bananas’), |
| --- | --- |

—

having regard to the ‘Geneva Agreement on Trade in Bananas’ between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of the Agreement on Trade in Bananas between the European Union and the United States (hereinafter ‘the Agreements on Trade in Bananas’),

| — | having regard to the Marrakesh Agreement establishing the World Trade Organisation, |
| --- | --- |

—

having regard to the Marrakesh Agreement establishing the World Trade Organisation,

| — | having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific (ACP) Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (the Cotonou Agreement), |
| --- | --- |

—

having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific (ACP) Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (the Cotonou Agreement),

| — | having regard to the Economic Partnership Agreement between the Cariforum States, of the one part, and the European Community and its Member States, of the other part, |
| --- | --- |

—

having regard to the Economic Partnership Agreement between the Cariforum States, of the one part, and the European Community and its Member States, of the other part,

| — | having regard to the conclusion of the negotiations on an Association Agreement between the EU and Central America, |
| --- | --- |

—

having regard to the conclusion of the negotiations on an Association Agreement between the EU and Central America,

| — | having regard to the conclusion of the negotiations between the EU and Colombia and Peru on a Multi-Party Trade Agreement, |
| --- | --- |

—

having regard to the conclusion of the negotiations between the EU and Colombia and Peru on a Multi-Party Trade Agreement,

| — | having regard to the WTO Ministerial Conference declarations adopted in Doha on 14 November 2001 and in Hong Kong on 18 December 2005 and to the Chairman's Summary adopted in Geneva on 2 December 2009, |
| --- | --- |

—

having regard to the WTO Ministerial Conference declarations adopted in Doha on 14 November 2001 and in Hong Kong on 18 December 2005 and to the Chairman's Summary adopted in Geneva on 2 December 2009,

| — | having regard to the waiver from the application of Article I of the GATT granted in Doha in November 2001 (the ‘Doha waiver’) in respect of the Cotonou Agreement trade preferences, with a duration commensurate with those trade preferences, i.e. until 31 December 2007, |
| --- | --- |

—

having regard to the waiver from the application of Article I of the GATT granted in Doha in November 2001 (the ‘Doha waiver’) in respect of the Cotonou Agreement trade preferences, with a duration commensurate with those trade preferences, i.e. until 31 December 2007,

| — | having regard to the US-EC Understanding on Bananas of 11 April 2001, |
| --- | --- |

—

having regard to the US-EC Understanding on Bananas of 11 April 2001,

| — | having regard to the report of 22 December 2009 by the Director-General of the World Trade Organisation (WTO) on the Use of His Good Offices (pursuant to Article 3.12 of the Dispute Settlement Understanding) in the disputes EC – Regime for the importation of bananas (DS361) initiated by Colombia and EC – Regime for the importation of bananas (DS364) initiated by Panama, |
| --- | --- |

—

having regard to the report of 22 December 2009 by the Director-General of the World Trade Organisation (WTO) on the Use of His Good Offices (pursuant to Article 3.12 of the Dispute Settlement Understanding) in the disputes EC – Regime for the importation of bananas (DS361) initiated by Colombia and EC – Regime for the importation of bananas (DS364) initiated by Panama,

| — | having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas, |
| --- | --- |

—

having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas,

| — | having regard to the declaration issued by the ACP-EU Joint Parliamentary Assembly on 1 April 2010 regarding the EU-Latin America bananas agreement and its impact on ACP and EU banana producers, |
| --- | --- |

—

having regard to the declaration issued by the ACP-EU Joint Parliamentary Assembly on 1 April 2010 regarding the EU-Latin America bananas agreement and its impact on ACP and EU banana producers,

| — | having regard to the questions of 24 January 2011 to the Council (O-0012/2011 – B7-0007/2011) and the Commission (O-0013/2011 – B7-0008/2011) on the conclusion of a Geneva Agreement on Trade in Bananas, |
| --- | --- |

—

having regard to the questions of 24 January 2011 to the Council (O-0012/2011 – B7-0007/2011) and the Commission (O-0013/2011 – B7-0008/2011) on the conclusion of a Geneva Agreement on Trade in Bananas,

| — | having regard to Rules 115(5) and 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

| A. | whereas the Agreements on Trade in Bananas settle the longest ever dispute between the EU and Latin American Most-Favoured Nation (MFN) suppliers of bananas; whereas they also settle a particularly acrimonious incidental dispute between the USA and the EU and rule out the possibility of damaging sanctions being imposed by the USA; whereas they also settle all Latin American MFN suppliers’ claims relating to the last three enlargements of the EU, |
| --- | --- |

A.

whereas the Agreements on Trade in Bananas settle the longest ever dispute between the EU and Latin American Most-Favoured Nation (MFN) suppliers of bananas; whereas they also settle a particularly acrimonious incidental dispute between the USA and the EU and rule out the possibility of damaging sanctions being imposed by the USA; whereas they also settle all Latin American MFN suppliers’ claims relating to the last three enlargements of the EU,

| B. | whereas until 1 July 1993 each EU Member State maintained its own banana import regime, with some Member States having special arrangements favouring countries with which they have strong historical ties, |
| --- | --- |

B.

whereas until 1 July 1993 each EU Member State maintained its own banana import regime, with some Member States having special arrangements favouring countries with which they have strong historical ties,

| C. | whereas following the adoption of Council Regulation (EEC) No 404/93 several Latin American WTO member countries which supply bananas to the EU on an MFN basis and the USA initiated WTO dispute-settlement proceedings against the EU with respect to the disparities in the treatment of bananas exported to the European Communities’ market by different suppliers, |
| --- | --- |

C.

whereas following the adoption of Council Regulation (EEC) No 404/93 several Latin American WTO member countries which supply bananas to the EU on an MFN basis and the USA initiated WTO dispute-settlement proceedings against the EU with respect to the disparities in the treatment of bananas exported to the European Communities’ market by different suppliers,

| D. | whereas certain aspects of the European Communities’ banana import regime were found to be inconsistent with WTO law, |
| --- | --- |

D.

whereas certain aspects of the European Communities’ banana import regime were found to be inconsistent with WTO law,

| E. | whereas a number of proposals by the European Communities (EC) to modify their regime to bring it into line with the recommendations and rulings of the Dispute Settlement Body were rejected by the countries which had brought the complaints, |
| --- | --- |

E.

whereas a number of proposals by the European Communities (EC) to modify their regime to bring it into line with the recommendations and rulings of the Dispute Settlement Body were rejected by the countries which had brought the complaints,

| F. | whereas the new EC regime on bananas introduced on 1 January 2006 was still found to be inconsistent with the EU's WTO obligations, |
| --- | --- |

F.

whereas the new EC regime on bananas introduced on 1 January 2006 was still found to be inconsistent with the EU's WTO obligations,

| G. | whereas only some 20 % of world banana production is exported, as the majority is intended for domestic markets, |
| --- | --- |

G.

whereas only some 20 % of world banana production is exported, as the majority is intended for domestic markets,

| H. | whereas there are wide variations in terms of productivity and level of competitiveness in banana production between and within countries; whereas the Latin American countries and the Philippines are the most competitive producers and the major exporters, |
| --- | --- |

H.

whereas there are wide variations in terms of productivity and level of competitiveness in banana production between and within countries; whereas the Latin American countries and the Philippines are the most competitive producers and the major exporters,

| I. | whereas the EU has concluded the negotiations with Colombia and Peru on a Multi-Party Trade Agreement, and those with six Central American countries on an Association Agreement, |
| --- | --- |

I.

whereas the EU has concluded the negotiations with Colombia and Peru on a Multi-Party Trade Agreement, and those with six Central American countries on an Association Agreement,

| J. | whereas the EU's domestic support programme POSEI (‘Programme of Options Specifically Relating to Remoteness and Insularity’) assists producers in the outermost regions of the EU, |
| --- | --- |

J.

whereas the EU's domestic support programme POSEI (‘Programme of Options Specifically Relating to Remoteness and Insularity’) assists producers in the outermost regions of the EU,

| K. | whereas bananas are the world’s fourth biggest agricultural export, and whereas the EU is the largest (net) banana importer in the world, importing almost 5 million tonnes in 2007, |
| --- | --- |

K.

whereas bananas are the world’s fourth biggest agricultural export, and whereas the EU is the largest (net) banana importer in the world, importing almost 5 million tonnes in 2007,

| L. | whereas banana production has a major impact on local communities, not only in economic terms, but also as regards the environment, migration and labour standards, |
| --- | --- |

L.

whereas banana production has a major impact on local communities, not only in economic terms, but also as regards the environment, migration and labour standards,

| M. | whereas multinationals operating in Latin America control over 80 % of the global market, |
| --- | --- |

M.

whereas multinationals operating in Latin America control over 80 % of the global market,

| N. | whereas the EU’s tariff-rate quota system has created the conditions which enable the ACP countries to export substantial quantities of bananas to the EU and has also limited the impact of trade agreements on European producers and protected a large number of jobs linked to banana production, |
| --- | --- |

N.

whereas the EU’s tariff-rate quota system has created the conditions which enable the ACP countries to export substantial quantities of bananas to the EU and has also limited the impact of trade agreements on European producers and protected a large number of jobs linked to banana production,

| O. | whereas the agreement will mean significant tariff cuts (35 % between 2010 and 2017) for non-ACP imports of bananas; whereas, as a result, ACP and EU producers will certainly have to adjust to the new reality of the international market, |
| --- | --- |

O.

whereas the agreement will mean significant tariff cuts (35 % between 2010 and 2017) for non-ACP imports of bananas; whereas, as a result, ACP and EU producers will certainly have to adjust to the new reality of the international market,

| 1. | Notes the Agreements on Trade in Bananas and welcomes the ending of one of the most technically complex, politically sensitive and commercially significant legal disputes ever brought before the WTO; |
| --- | --- |

1.

Notes the Agreements on Trade in Bananas and welcomes the ending of one of the most technically complex, politically sensitive and commercially significant legal disputes ever brought before the WTO;

| 2. | Considers that the deal reached is a solution, but that it could not fully reconcile the legitimate interests of all the parties; calls, therefore, on the Commission to submit at the earliest opportunity an assessment of the impact of the Agreements on Trade in Bananas on banana-producing developing countries and Europe’s outermost regions over the period to 2020; |
| --- | --- |

2.

Considers that the deal reached is a solution, but that it could not fully reconcile the legitimate interests of all the parties; calls, therefore, on the Commission to submit at the earliest opportunity an assessment of the impact of the Agreements on Trade in Bananas on banana-producing developing countries and Europe’s outermost regions over the period to 2020;

| 3. | Welcomes the fact that the Agreements on Trade in Bananas will constitute the EU’s final market-access commitments for bananas and will be included in the final results of the next round of multilateral market-access negotiations for agricultural products to be successfully concluded under WTO auspices (Doha Round); |
| --- | --- |

3.

Welcomes the fact that the Agreements on Trade in Bananas will constitute the EU’s final market-access commitments for bananas and will be included in the final results of the next round of multilateral market-access negotiations for agricultural products to be successfully concluded under WTO auspices (Doha Round);

| 4. | Stresses that the deal reached represents a step forward in the Doha Round talks, but only a limited one, given that the difficulties encountered go well beyond the simple issue of bananas; |
| --- | --- |

4.

Stresses that the deal reached represents a step forward in the Doha Round talks, but only a limited one, given that the difficulties encountered go well beyond the simple issue of bananas;

| 5. | Stresses that, upon certification of the Geneva Agreement on Trade in Bananas, all pending disputes and all claims filed before 15 December 2009 by any Latin American MFN banana supplier with respect to the EU trading regime for bananas will be deemed to have been settled; |
| --- | --- |

5.

Stresses that, upon certification of the Geneva Agreement on Trade in Bananas, all pending disputes and all claims filed before 15 December 2009 by any Latin American MFN banana supplier with respect to the EU trading regime for bananas will be deemed to have been settled;

| 6. | Notes that the figures for 2010 show that banana prices for EU consumers remained stable or increased only slightly; |
| --- | --- |

6.

Notes that the figures for 2010 show that banana prices for EU consumers remained stable or increased only slightly;

| 7. | Stresses that the EU will gradually cut its import tariff on bananas from Latin America from EUR 176/t to EUR 114 by 2017, thus endangering small and medium-sized producers in the ACP, the EU and its outermost regions (which are already amongst those in Europe with the highest unemployment rates); |
| --- | --- |

7.

Stresses that the EU will gradually cut its import tariff on bananas from Latin America from EUR 176/t to EUR 114 by 2017, thus endangering small and medium-sized producers in the ACP, the EU and its outermost regions (which are already amongst those in Europe with the highest unemployment rates);

| 8. | Stresses that the Agreements on Trade in Bananas will make it possible to decouple the banana sector from the Doha Round negotiations on ‘tropical products’; stresses that whilst ‘tropical products’ will be subject to deeper tariff cuts, tariff cuts on ‘preference erosion products’ of interest to ACP countries will be implemented over a relatively longer period than will be the case under the general formula applied in the negotiations; stresses, nevertheless, that the Agreements on Trade in Bananas are not likely to pave the way for an agreement acceptable to the ACP countries on tropical products and the erosion of their preferential treatment, since the proposals formulated at the time of the Agreements on Trade in Bananas have already been rejected by some large emerging economies, as demonstrated by the reactions of India and Pakistan at the meeting of the WTO General Council in December 2009; |
| --- | --- |

8.

Stresses that the Agreements on Trade in Bananas will make it possible to decouple the banana sector from the Doha Round negotiations on ‘tropical products’; stresses that whilst ‘tropical products’ will be subject to deeper tariff cuts, tariff cuts on ‘preference erosion products’ of interest to ACP countries will be implemented over a relatively longer period than will be the case under the general formula applied in the negotiations; stresses, nevertheless, that the Agreements on Trade in Bananas are not likely to pave the way for an agreement acceptable to the ACP countries on tropical products and the erosion of their preferential treatment, since the proposals formulated at the time of the Agreements on Trade in Bananas have already been rejected by some large emerging economies, as demonstrated by the reactions of India and Pakistan at the meeting of the WTO General Council in December 2009;

| 9. | Points out that the EU has traditionally granted special tariff preferences to bananas from ACP countries; recalls that some WTO members have repeatedly challenged the compatibility of this preferential treatment with WTO rules; stresses that a series of legal rulings by WTO dispute panels, the Appellate Body and special arbitrators have called for a change to the existing regime; |
| --- | --- |

9.

Points out that the EU has traditionally granted special tariff preferences to bananas from ACP countries; recalls that some WTO members have repeatedly challenged the compatibility of this preferential treatment with WTO rules; stresses that a series of legal rulings by WTO dispute panels, the Appellate Body and special arbitrators have called for a change to the existing regime;

| 10. | Views with regret the fact that the original regional approach could not be retained in the negotiations on the Multi-Party Agreement with the Andean countries, which left Ecuador in the position of not benefiting from the same tariffs as Colombia and Peru; |
| --- | --- |

10.

Views with regret the fact that the original regional approach could not be retained in the negotiations on the Multi-Party Agreement with the Andean countries, which left Ecuador in the position of not benefiting from the same tariffs as Colombia and Peru;

| 11. | Emphasises that, since 2008, bananas from ACP countries have entered the EU duty- and quota-free, thanks to the current agreements; |
| --- | --- |

11.

Emphasises that, since 2008, bananas from ACP countries have entered the EU duty- and quota-free, thanks to the current agreements;

| 12. | Stresses that the parallel discussions with the ACP countries produced an agreement to the effect that, in addition to regular EU aid, the main ACP banana-exporting countries will receive extra support through a new programme – the so-called ‘Banana Accompanying Measures’ (BAM); stresses that the BAM financing arrangement could be insufficient in terms of resources and too short in terms of its implementing period to provide effective help to ACP banana producers in adapting to the effects of the changes in the EU's import regime; asks the Commission to indicate clearly that the financing arrangement consists of money additional to current development cooperation funds and that it is not just a contribution to national budgets which cannot be earmarked for specific programmes, such as education and diversification; asks the Commission to present a new multiannual financing arrangement; |
| --- | --- |

12.

Stresses that the parallel discussions with the ACP countries produced an agreement to the effect that, in addition to regular EU aid, the main ACP banana-exporting countries will receive extra support through a new programme – the so-called ‘Banana Accompanying Measures’ (BAM); stresses that the BAM financing arrangement could be insufficient in terms of resources and too short in terms of its implementing period to provide effective help to ACP banana producers in adapting to the effects of the changes in the EU's import regime; asks the Commission to indicate clearly that the financing arrangement consists of money additional to current development cooperation funds and that it is not just a contribution to national budgets which cannot be earmarked for specific programmes, such as education and diversification; asks the Commission to present a new multiannual financing arrangement;

| 13. | Calls on the Commission to conduct an assessment of the BAM 18 months before the programme’s expiry, including recommendations on any further measures to be taken and the nature thereof; |
| --- | --- |

13.

Calls on the Commission to conduct an assessment of the BAM 18 months before the programme’s expiry, including recommendations on any further measures to be taken and the nature thereof;

| 14. | Firmly rejects any attempts to finance the programme for ACP banana-producing countries by redeploying appropriations from the budget lines for development cooperation; |
| --- | --- |

14.

Firmly rejects any attempts to finance the programme for ACP banana-producing countries by redeploying appropriations from the budget lines for development cooperation;

| 15. | Points out that it will be important to allocate the resources from the BAM to countries on the basis of their expected losses in terms of banana exports and production and their level of development, weighted indicators and the volume of their trade in bananas with the EU; stresses the need to strike the right balance between three types of non-mutually exclusive measure that can be taken: those to improve the efficiency of existing production, those to increase the value added locally, and those to help countries diversify away from banana production; |
| --- | --- |

15.

Points out that it will be important to allocate the resources from the BAM to countries on the basis of their expected losses in terms of banana exports and production and their level of development, weighted indicators and the volume of their trade in bananas with the EU; stresses the need to strike the right balance between three types of non-mutually exclusive measure that can be taken: those to improve the efficiency of existing production, those to increase the value added locally, and those to help countries diversify away from banana production;

| 16. | Calls on the EU and the ACP States to bring forward measures to help heavily banana-dependent States to diversify their economies, including in the form of more Aid for Trade; |
| --- | --- |

16.

Calls on the EU and the ACP States to bring forward measures to help heavily banana-dependent States to diversify their economies, including in the form of more Aid for Trade;

| 17. | Emphasises that bananas are one of the main agricultural crops of some outermost regions of the Union, in particular the French overseas departments of Guadeloupe and Martinique, the Azores, Madeira and the Canary Islands; |
| --- | --- |

17.

Emphasises that bananas are one of the main agricultural crops of some outermost regions of the Union, in particular the French overseas departments of Guadeloupe and Martinique, the Azores, Madeira and the Canary Islands;

| 18. | Recommends that due account should be taken of the socioeconomic importance of the banana sector to the outermost regions of the EU and the contribution it makes to achieving social and economic cohesion, on account of the income and employment which it generates, the economic activities to which it gives rise, and the effect which it has of maintaining an environmental and landscape balance which encourages the development of tourism; |
| --- | --- |

18.

Recommends that due account should be taken of the socioeconomic importance of the banana sector to the outermost regions of the EU and the contribution it makes to achieving social and economic cohesion, on account of the income and employment which it generates, the economic activities to which it gives rise, and the effect which it has of maintaining an environmental and landscape balance which encourages the development of tourism;

| 19. | Notes that the POSEI support programme was adopted in 2006 in the light of the agreed WTO European market-access tariff of EUR 176/tonne, which means that the tariff laid down in the WTO Agreements on Trade in Bananas has not yet been taken into account in the POSEI budget; encourages the relevant EU authorities to adjust the support package for domestic EU producers included in the POSEI budget and to take other steps in order to ensure that, in the face of the trend towards the liberalisation of the global trade in bananas, domestic EU producers are able to remain on the market and pursue their traditional activities; |
| --- | --- |

19.

Notes that the POSEI support programme was adopted in 2006 in the light of the agreed WTO European market-access tariff of EUR 176/tonne, which means that the tariff laid down in the WTO Agreements on Trade in Bananas has not yet been taken into account in the POSEI budget; encourages the relevant EU authorities to adjust the support package for domestic EU producers included in the POSEI budget and to take other steps in order to ensure that, in the face of the trend towards the liberalisation of the global trade in bananas, domestic EU producers are able to remain on the market and pursue their traditional activities;

| 20. | Considers that producers from ACP countries and from the EU and its outermost regions could be significantly affected by the Agreements on Trade in Bananas; calls on the Commission therefore to increase support for them and extend that support to 2020 if necessary; |
| --- | --- |

20.

Considers that producers from ACP countries and from the EU and its outermost regions could be significantly affected by the Agreements on Trade in Bananas; calls on the Commission therefore to increase support for them and extend that support to 2020 if necessary;

| 21. | Notes that banana production in the EU's outermost regions (ORs) meets higher social and environmental standards than is the case in most Latin American countries; draws attention to the fact that in the ORs the use of active agents, such as pesticides, is 20 to 40 times lower than in South and Central American countries, whilst in the phytosanitary field most of the active agents banned under European food safety rules are widely used throughout South and Central American plantations; |
| --- | --- |

21.

Notes that banana production in the EU's outermost regions (ORs) meets higher social and environmental standards than is the case in most Latin American countries; draws attention to the fact that in the ORs the use of active agents, such as pesticides, is 20 to 40 times lower than in South and Central American countries, whilst in the phytosanitary field most of the active agents banned under European food safety rules are widely used throughout South and Central American plantations;

| 22. | Notes that, in its most recent bilateral agreements involving banana producers (the Multi-Party Trade Agreement with Colombia and Peru and the Association Agreement with Central America), the EU has agreed progressively to reduce its import tariff on bananas originating in those countries to EUR 75/tonne by 1 January 2020; |
| --- | --- |

22.

Notes that, in its most recent bilateral agreements involving banana producers (the Multi-Party Trade Agreement with Colombia and Peru and the Association Agreement with Central America), the EU has agreed progressively to reduce its import tariff on bananas originating in those countries to EUR 75/tonne by 1 January 2020;

| 23. | Notes that the EUR39/tonne preferential margin ultimately granted by the Agreements on Trade in Bananas will significantly improve the competitiveness on the EU market vis-à-vis other exporters of the eight Andean and Central American countries concerned and of transnational companies operating in that region; stresses that from 2020 onwards the benefits for those countries already exporting bananas to the EU will be conspicuous, as both their exports and the price they are paid for their bananas will increase; |
| --- | --- |

23.

Notes that the EUR39/tonne preferential margin ultimately granted by the Agreements on Trade in Bananas will significantly improve the competitiveness on the EU market vis-à-vis other exporters of the eight Andean and Central American countries concerned and of transnational companies operating in that region; stresses that from 2020 onwards the benefits for those countries already exporting bananas to the EU will be conspicuous, as both their exports and the price they are paid for their bananas will increase;

| 24. | Stresses that other MFN exporters to the EU (the most important, by far, being Ecuador), ACP countries and least-developed countries could experience a decline in their relative competitiveness on the EU market with respect to the signatories of the Agreements on Trade in Bananas; |
| --- | --- |

24.

Stresses that other MFN exporters to the EU (the most important, by far, being Ecuador), ACP countries and least-developed countries could experience a decline in their relative competitiveness on the EU market with respect to the signatories of the Agreements on Trade in Bananas;

| 25. | Considers that access to the EU market should be granted only to producers who respect the ILO’s decent labour agenda and human rights and observe environmental rules; |
| --- | --- |

25.

Considers that access to the EU market should be granted only to producers who respect the ILO’s decent labour agenda and human rights and observe environmental rules;

| 26. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela, the United States and the ACP countries. |
| --- | --- |

26.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela, the United States and the ACP countries.

---

(1)  OJ C 285 E, 22.11.2006, p. 126.

(2)  OJ C 293 E, 2.12.2006, p. 155.

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

(4)  OJ C 305 E, 14.12.2006, p. 244.

(5)  OJ C 308 E, 16.12.2006, p. 182.

(6)  OJ C 102 E, 24.4.2008, p. 301.

(7)  OJ C 323 E, 18.12.2008, p. 361.

(8)  OJ C 259 E, 29.10.2009, p. 64.

(9)  OJ C 259 E, 29.10.2009, p. 77.

(10)  OJ C 9 E, 15.1.2010, p. 31.

(11)  OJ C 117 E, 6.5.2010, p. 101.

(12)  OJ C 117 E, 6.5.2010, p. 256.

(13)  Texts adopted, P7_TA(2010)0141.

(14)  Texts adopted, P7_TA(2010)0387.

---

| 22.6.2012 | EN | Official Journal of the European Union | CE 182/6 |
| --- | --- | --- | --- |

22.6.2012

EN

Official Journal of the European Union

CE 182/6

---

Thursday 3 February 2011Situation in Tunisia

P7_TA(2011)0038

European Parliament resolution of 3 February 2011 on the situation in Tunisia

2012/C 182 E/02

The European Parliament,

| — | having regard to its previous resolutions on the human rights situation in Tunisia, particularly those of 29 September 2005 (1), 15 December 2005 (2) and 15 June 2006 (3), |
| --- | --- |

—

having regard to its previous resolutions on the human rights situation in Tunisia, particularly those of 29 September 2005 (1), 15 December 2005 (2) and 15 June 2006 (3),

| — | having regard to the Euro-Mediterranean Agreement of March 1998 establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, |
| --- | --- |

—

having regard to the Euro-Mediterranean Agreement of March 1998 establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part,

| — | having regard to Union policy on human rights and democratisation in third countries, as adopted by the Council in December 2005, |
| --- | --- |

—

having regard to Union policy on human rights and democratisation in third countries, as adopted by the Council in December 2005,

| — | having regard to its resolution on 14 February 2006 (4) on the human rights and democracy clause in European Union agreements, |
| --- | --- |

—

having regard to its resolution on 14 February 2006 (4) on the human rights and democracy clause in European Union agreements,

| — | having regard to the Commission's Communication of 4 December 2006 on strengthening the European Neighbourhood Policy (COM(2006)0726), |
| --- | --- |

—

having regard to the Commission's Communication of 4 December 2006 on strengthening the European Neighbourhood Policy (COM(2006)0726),

| — | having regard to the Commission Communication entitled ‘Implementation of the European Neighbourhood Policy in 2009: progress report on Tunisia’ (COM(2010)0207 - SEC(2010)0513), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Implementation of the European Neighbourhood Policy in 2009: progress report on Tunisia’ (COM(2010)0207 - SEC(2010)0513),

| — | having regard to the European Union-Tunisia Action Plan, |
| --- | --- |

—

having regard to the European Union-Tunisia Action Plan,

| — | having regard to its resolution of 17 June 2010 on EU policies in favour of human rights defenders (5), |
| --- | --- |

—

having regard to its resolution of 17 June 2010 on EU policies in favour of human rights defenders (5),

| — | having regard to the European Union statement issued following the Eighth Meeting of the EU-Tunisia Association Council of 11 May 2010, |
| --- | --- |

—

having regard to the European Union statement issued following the Eighth Meeting of the EU-Tunisia Association Council of 11 May 2010,

| — | having regard to the statements made by Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy, and Commissioner Stefan Füle on the situation in Tunisia on 13 and 17 January 2011 respectively, |
| --- | --- |

—

having regard to the statements made by Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy, and Commissioner Stefan Füle on the situation in Tunisia on 13 and 17 January 2011 respectively,

| — | having regard to the statement made by Mr Buzek, President of the European Parliament, on the situation in Tunisia on 17 January 2011, |
| --- | --- |

—

having regard to the statement made by Mr Buzek, President of the European Parliament, on the situation in Tunisia on 17 January 2011,

| — | having regard to Rule 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(4) of its Rules of Procedure,

| A. | whereas the mass demonstrations which took place throughout Tunisia following the immolation of Mohammed Bouazizi on 17 December 2010 culminated in the departure from power of President Ben Ali on 14 January 2011, enabling the Tunisian people to regain their freedom and bring down the regime imposed by the ousted President since 1987, |
| --- | --- |

A.

whereas the mass demonstrations which took place throughout Tunisia following the immolation of Mohammed Bouazizi on 17 December 2010 culminated in the departure from power of President Ben Ali on 14 January 2011, enabling the Tunisian people to regain their freedom and bring down the regime imposed by the ousted President since 1987,

| B. | whereas the peaceful protest movement was violently repressed by the forces of law and order, leaving over one hundred dead, |
| --- | --- |

B.

whereas the peaceful protest movement was violently repressed by the forces of law and order, leaving over one hundred dead,

| C. | whereas the European Union has proved unable to develop a genuine foreign policy that is consistent and effective vis-à-vis its partners; particularly noting the weakness of the EU-Tunisia cooperation mechanisms and reiterating its call for human rights clauses in association agreements to be systematically backed up by a mechanism to implement those clauses; having regard in this context to the ongoing and necessary review of the neighbourhood policy, |
| --- | --- |

C.

whereas the European Union has proved unable to develop a genuine foreign policy that is consistent and effective vis-à-vis its partners; particularly noting the weakness of the EU-Tunisia cooperation mechanisms and reiterating its call for human rights clauses in association agreements to be systematically backed up by a mechanism to implement those clauses; having regard in this context to the ongoing and necessary review of the neighbourhood policy,

| D. | having regard to the conclusions of the Association Council of 11 May 2010, which reminded Tunisia that reform of the justice system is fundamental to genuine rapprochement with the European Union, as are pluralism and participatory democracy, freedom of expression and association and the protection of human rights defenders; whereas the Tunisian authorities have not kept any of their undertakings in this respect, |
| --- | --- |

D.

having regard to the conclusions of the Association Council of 11 May 2010, which reminded Tunisia that reform of the justice system is fundamental to genuine rapprochement with the European Union, as are pluralism and participatory democracy, freedom of expression and association and the protection of human rights defenders; whereas the Tunisian authorities have not kept any of their undertakings in this respect,

| E. | whereas Tunisia and the EU were in the process of formulating the Action Plan for the period 2011-2016; whereas this process will require both partners to commit themselves to achieving greater progress on all the issues involved, in particular that of human rights and fundamental freedoms, |
| --- | --- |

E.

whereas Tunisia and the EU were in the process of formulating the Action Plan for the period 2011-2016; whereas this process will require both partners to commit themselves to achieving greater progress on all the issues involved, in particular that of human rights and fundamental freedoms,

| F. | whereas the hope generated by the toppling of the authoritarian regime in Tunisia for a stable democracy could help other peoples to assert the same claims, |
| --- | --- |

F.

whereas the hope generated by the toppling of the authoritarian regime in Tunisia for a stable democracy could help other peoples to assert the same claims,

| 1. | Expresses its solidarity with the Tunisian people, who, prompted by legitimate democratic aspirations and a desire for better social conditions and easier access to employment, have brought their country to a historic political watershed; in that connection, applauds their courage and determination during the demonstrations, extends its condolences to the families of the victims and expresses its solidarity with the injured; |
| --- | --- |

1.

Expresses its solidarity with the Tunisian people, who, prompted by legitimate democratic aspirations and a desire for better social conditions and easier access to employment, have brought their country to a historic political watershed; in that connection, applauds their courage and determination during the demonstrations, extends its condolences to the families of the victims and expresses its solidarity with the injured;

| 2. | Condemns the repressive measures and the disproportionate force employed by the security forces; applauds, in contrast, the actions of the armed forces, which refused to fire on the demonstrators; calls for an independent inquiry into the incidents leading to death and excessive use of violence during the past weeks and into corruption, and for those responsible to be brought to justice; |
| --- | --- |

2.

Condemns the repressive measures and the disproportionate force employed by the security forces; applauds, in contrast, the actions of the armed forces, which refused to fire on the demonstrators; calls for an independent inquiry into the incidents leading to death and excessive use of violence during the past weeks and into corruption, and for those responsible to be brought to justice;

| 3. | Emphasises how important it is that all political, social, civic and democratic forces in Tunisia should be represented in the interim government, as this is the only way to secure for that government the confidence of the people and endow it with the legitimacy it needs to prepare elections and the transition to democracy; |
| --- | --- |

3.

Emphasises how important it is that all political, social, civic and democratic forces in Tunisia should be represented in the interim government, as this is the only way to secure for that government the confidence of the people and endow it with the legitimacy it needs to prepare elections and the transition to democracy;

| 4. | Gives its strong support to the democratic process; underlines the importance of creating the necessary conditions for the holding of elections, within a time frame which gives all opposition forces and all the media time to organise at national level, for a new parliamentary assembly with the task of drawing up a democratic constitution which strikes a proper balance between the powers of the executive and the legislature and the independence of the judiciary; hopes that all democratic forces which pledge to respect pluralism, freedom of conscience and arrangements for the democratic handover of power will be able to take part in that election; welcomes in this context the abolition of the Ministry of Information and the decision to guarantee freedom of speech; |
| --- | --- |

4.

Gives its strong support to the democratic process; underlines the importance of creating the necessary conditions for the holding of elections, within a time frame which gives all opposition forces and all the media time to organise at national level, for a new parliamentary assembly with the task of drawing up a democratic constitution which strikes a proper balance between the powers of the executive and the legislature and the independence of the judiciary; hopes that all democratic forces which pledge to respect pluralism, freedom of conscience and arrangements for the democratic handover of power will be able to take part in that election; welcomes in this context the abolition of the Ministry of Information and the decision to guarantee freedom of speech;

| 5. | Welcomes the bill to introduce a general amnesty, which is intended to permit the release of political prisoners, the return of opponents of the regime and recognition of all the opposition parties and make it possible for non-governmental organisations to register; |
| --- | --- |

5.

Welcomes the bill to introduce a general amnesty, which is intended to permit the release of political prisoners, the return of opponents of the regime and recognition of all the opposition parties and make it possible for non-governmental organisations to register;

| 6. | Calls for the immediate application by the EU of the decisions to freeze the ill-gotten assets of the Ben Ali family and their associates; welcomes the announcement by the authorities of their intention to return to the State the movable and immovable assets of the RCD party; |
| --- | --- |

6.

Calls for the immediate application by the EU of the decisions to freeze the ill-gotten assets of the Ben Ali family and their associates; welcomes the announcement by the authorities of their intention to return to the State the movable and immovable assets of the RCD party;

| 7. | Welcomes the establishment of three committees, each chaired by an independent, respected eminent person, on reform of the institutions and of institutional laws, the fight against corruption and events since 17 December 2010; underlines the fact that they must be able to act with complete independence and have genuine powers of inquiry; considers that, insofar as they so wish, these commissions must be able to benefit from the expertise and support of the High Commissioner for Human Rights and from pertinent mechanisms at the United Nations; |
| --- | --- |

7.

Welcomes the establishment of three committees, each chaired by an independent, respected eminent person, on reform of the institutions and of institutional laws, the fight against corruption and events since 17 December 2010; underlines the fact that they must be able to act with complete independence and have genuine powers of inquiry; considers that, insofar as they so wish, these commissions must be able to benefit from the expertise and support of the High Commissioner for Human Rights and from pertinent mechanisms at the United Nations;

| 8. | Calls on the High Representative to promote the establishment of a task force, involving Parliament, to meet Tunisia’s needs in terms of assistance for its democratic transition process, as expressed by those seeking democratic change, in particular as regards the preparation of free and democratic elections, support for the formation of political parties and for the development of an independent media sector and the rebuilding of an open State apparatus independent of the executive and of a fair and independent judicial system; |
| --- | --- |

8.

Calls on the High Representative to promote the establishment of a task force, involving Parliament, to meet Tunisia’s needs in terms of assistance for its democratic transition process, as expressed by those seeking democratic change, in particular as regards the preparation of free and democratic elections, support for the formation of political parties and for the development of an independent media sector and the rebuilding of an open State apparatus independent of the executive and of a fair and independent judicial system;

| 9. | Calls on the HR/VP to support the upcoming electoral process by sending an electoral observation mission to Tunisia; |
| --- | --- |

9.

Calls on the HR/VP to support the upcoming electoral process by sending an electoral observation mission to Tunisia;

| 10. | Calls on the Council, the Commission and the High Representative of the EU, therefore, to be ready to redirect – and if necessary increase – funding under the various financial instruments for EU-Tunisia cooperation; |
| --- | --- |

10.

Calls on the Council, the Commission and the High Representative of the EU, therefore, to be ready to redirect – and if necessary increase – funding under the various financial instruments for EU-Tunisia cooperation;

| 11. | Calls on the Commission and the EIB to make provision for support for Tunisia in the form of loans with interest-rate subsidies in order to enable the Tunisian economy to diversify and offer young Tunisians the prospect of skilled jobs, as part of a genuine development contract to foster local and foreign productive investment; |
| --- | --- |

11.

Calls on the Commission and the EIB to make provision for support for Tunisia in the form of loans with interest-rate subsidies in order to enable the Tunisian economy to diversify and offer young Tunisians the prospect of skilled jobs, as part of a genuine development contract to foster local and foreign productive investment;

| 12. | Calls on the Commission to encourage, also financially, the provision by European civil society of support and assistance to Tunisian civil society, in particular human rights organisations and the social partners; |
| --- | --- |

12.

Calls on the Commission to encourage, also financially, the provision by European civil society of support and assistance to Tunisian civil society, in particular human rights organisations and the social partners;

| 13. | Urges the European Union to draw lessons from events in Tunisia and to revise its democracy and human rights support policy so as to create an implementation mechanism for the human rights clause in all agreements with third countries; insists that the review of the neighbourhood policy must prioritise criteria relating to the independence of the judiciary, respect for fundamental freedoms, pluralism and freedom of the press and the fight against corruption; calls for better coordination with the Union’s other policies vis-à-vis those countries; |
| --- | --- |

13.

Urges the European Union to draw lessons from events in Tunisia and to revise its democracy and human rights support policy so as to create an implementation mechanism for the human rights clause in all agreements with third countries; insists that the review of the neighbourhood policy must prioritise criteria relating to the independence of the judiciary, respect for fundamental freedoms, pluralism and freedom of the press and the fight against corruption; calls for better coordination with the Union’s other policies vis-à-vis those countries;

| 14. | Considers that the fight against corruption and the strengthening of the rule of law in third countries are fundamental criteria to meet people's expectations as well as to attract external investment; |
| --- | --- |

14.

Considers that the fight against corruption and the strengthening of the rule of law in third countries are fundamental criteria to meet people's expectations as well as to attract external investment;

| 15. | Instructs its President to forward this resolution to the Council, the Commission, the High Representative, the governments and parliaments of the Member States, the Parliamentary Assembly of the Union for the Mediterranean and the interim Government and Parliament of Tunisia. |
| --- | --- |

15.

Instructs its President to forward this resolution to the Council, the Commission, the High Representative, the governments and parliaments of the Member States, the Parliamentary Assembly of the Union for the Mediterranean and the interim Government and Parliament of Tunisia.

---

(1)  OJ C 227 E, 21.9.2006, p. 618.

(2)  OJ C 286 E, 23.11.2006, p. 495.

(3)  OJ C 300 E, 9.12.2006, p. 480.

(4)  OJ C 290 E, 29.11.2006, p. 107.

(5)  Texts Adopted, P7_TA(2010)0226.

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| 22.6.2012 | EN | Official Journal of the European Union | CE 182/9 |
| --- | --- | --- | --- |

22.6.2012

EN

Official Journal of the European Union

CE 182/9

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Thursday 3 February 2011Tuberculosis Vaccine Initiative (TBVI)

P7_TA(2011)0039

European Parliament resolution of 3 February 2011 on the Tuberculosis Vaccine Initiative (TBVI) – practical implementation of the Europe 2020 strategy with a view to meeting MDG 6 and eliminating tuberculosis by 2050

2012/C 182 E/03

The European Parliament,

| — | having regard to the United Nations Millennium Development Goals (MDGs), which provide for halting the increase in the incidence of tuberculosis by 2015 and reversing the trend, |
| --- | --- |

—

having regard to the United Nations Millennium Development Goals (MDGs), which provide for halting the increase in the incidence of tuberculosis by 2015 and reversing the trend,

| — | having regard to the Tuberculosis Vaccine Initiative (TBVI), an independent, not-for-profit organisation, the only pan-European organisation of its type, set up with Commission backing, which supports the urgent development of new vaccines and facilitates and brings its experience to an integrated European network, |
| --- | --- |

—

having regard to the Tuberculosis Vaccine Initiative (TBVI), an independent, not-for-profit organisation, the only pan-European organisation of its type, set up with Commission backing, which supports the urgent development of new vaccines and facilitates and brings its experience to an integrated European network,

| — | having regard to the Lisbon Strategy, which seeks to establish a European research and innovation area, the Europe of Innovation initiative and the Europe 2020 strategy flagship initiative on an Innovation Union, |
| --- | --- |

—

having regard to the Lisbon Strategy, which seeks to establish a European research and innovation area, the Europe of Innovation initiative and the Europe 2020 strategy flagship initiative on an Innovation Union,

| — | having regard to the Stop Tuberculosis programme, under the aegis of the WHO, which has set itself the goal of a 50 % reduction in the tuberculosis prevalence and mortality rates, from a 1990 baseline, by 2015 and eliminating the disease by 2050, |
| --- | --- |

—

having regard to the Stop Tuberculosis programme, under the aegis of the WHO, which has set itself the goal of a 50 % reduction in the tuberculosis prevalence and mortality rates, from a 1990 baseline, by 2015 and eliminating the disease by 2050,

| — | having regard to the WHO report (WHO/HTM/TB/2010.3) entitled ‘Multidrug and extensively drug-resistant TB (M/XDR-TB): 2010 global report on surveillance and response’, on the worrying emergence of strains of tuberculosis resistant or highly resistant to treatment, |
| --- | --- |

—

having regard to the WHO report (WHO/HTM/TB/2010.3) entitled ‘Multidrug and extensively drug-resistant TB (M/XDR-TB): 2010 global report on surveillance and response’, on the worrying emergence of strains of tuberculosis resistant or highly resistant to treatment,

| — | having regard to the Berlin Declaration on Tuberculosis at the WHO European Ministerial Forum of 22 October 2007, entitled ‘All Against Tuberculosis’ (EUR/07/5061622/5, 74415), |
| --- | --- |

—

having regard to the Berlin Declaration on Tuberculosis at the WHO European Ministerial Forum of 22 October 2007, entitled ‘All Against Tuberculosis’ (EUR/07/5061622/5, 74415),

| — | having regard to the report of the European Academies’ Science Advisory Council, which found that the cost of tuberculosis treatment alone in the EU was EUR 2 billion a year (EASAC Policy Report 10, March 2009, ISBN: 9789-0-85403-746-9), |
| --- | --- |

—

having regard to the report of the European Academies’ Science Advisory Council, which found that the cost of tuberculosis treatment alone in the EU was EUR 2 billion a year (EASAC Policy Report 10, March 2009, ISBN: 9789-0-85403-746-9),

| — | having regard to the meeting of the Global Fund to Fight AIDS, Tuberculosis and Malaria in New York in October 2010, |
| --- | --- |

—

having regard to the meeting of the Global Fund to Fight AIDS, Tuberculosis and Malaria in New York in October 2010,

| — | having regard to its resolution of 7 October 2010 on health care systems in sub-Saharan Africa and global health (1), |
| --- | --- |

—

having regard to its resolution of 7 October 2010 on health care systems in sub-Saharan Africa and global health (1),

| — | having regard to Rules 115(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 115(5) and 110(4) of its Rules of Procedure,

| A. | whereas access to health care is a right recognised in the Universal Declaration of Human Rights, and governments must meet their obligation to provide public health services to their entire population, |
| --- | --- |

A.

whereas access to health care is a right recognised in the Universal Declaration of Human Rights, and governments must meet their obligation to provide public health services to their entire population,

| B. | whereas medicines cannot be treated as purely commercial products, |
| --- | --- |

B.

whereas medicines cannot be treated as purely commercial products,

| C. | whereas, with four years to go until the MDG deadline, the incidence of tuberculosis around the world remains a cause for concern, despite the progress made, |
| --- | --- |

C.

whereas, with four years to go until the MDG deadline, the incidence of tuberculosis around the world remains a cause for concern, despite the progress made,

| D. | whereas tuberculosis remains one of the main causes of death in the world, with nearly 2 million people dying as a result of the disease every year, |
| --- | --- |

D.

whereas tuberculosis remains one of the main causes of death in the world, with nearly 2 million people dying as a result of the disease every year,

| E. | whereas the MDGs also include reducing infant mortality and improving maternal health, |
| --- | --- |

E.

whereas the MDGs also include reducing infant mortality and improving maternal health,

| F. | whereas the TBVI, applied in the interests of tuberculosis sufferers worldwide – and particularly in the least advanced countries – should become part of the practical implementation of the Europe 2020 strategy, thereby enhancing the EU’s strategic independence in the fight against tuberculosis and other contagious diseases, |
| --- | --- |

F.

whereas the TBVI, applied in the interests of tuberculosis sufferers worldwide – and particularly in the least advanced countries – should become part of the practical implementation of the Europe 2020 strategy, thereby enhancing the EU’s strategic independence in the fight against tuberculosis and other contagious diseases,

| G. | whereas the objective is still to invest 3 % of GDP in research and development in spite of budgetary constraints (COM(2010)2020 and COM(2010)0546), |
| --- | --- |

G.

whereas the objective is still to invest 3 % of GDP in research and development in spite of budgetary constraints (COM(2010)2020 and COM(2010)0546),

| H. | whereas tropical diseases such as malaria, tuberculosis and sleeping sickness kill millions of people each year, owing in particular to growing resistance to treatments, or in some cases to an absence of treatments as the result of research being discontinued for purely commercial reasons, |
| --- | --- |

H.

whereas tropical diseases such as malaria, tuberculosis and sleeping sickness kill millions of people each year, owing in particular to growing resistance to treatments, or in some cases to an absence of treatments as the result of research being discontinued for purely commercial reasons,

| I. | whereas tuberculosis is a striking example of inequality between peoples – having been all but eradicated in industrialised countries, |
| --- | --- |

I.

whereas tuberculosis is a striking example of inequality between peoples – having been all but eradicated in industrialised countries,

| J. | whereas tuberculosis is one of the major diseases involved in cases of co-infection with HIV/Aids, |
| --- | --- |

J.

whereas tuberculosis is one of the major diseases involved in cases of co-infection with HIV/Aids,

| K. | whereas insufficient research is currently being conducted into the most neglected diseases, which affect only people in developing countries, |
| --- | --- |

K.

whereas insufficient research is currently being conducted into the most neglected diseases, which affect only people in developing countries,

| L. | whereas the success of ‘vertical’ funds to tackle specific diseases such as Aids, malaria and tuberculosis must not mean a siphoning-off of resources from so-called ‘horizontal’ basic health care infrastructure, |
| --- | --- |

L.

whereas the success of ‘vertical’ funds to tackle specific diseases such as Aids, malaria and tuberculosis must not mean a siphoning-off of resources from so-called ‘horizontal’ basic health care infrastructure,

| M. | whereas the health services in most developing countries are far from able to meet the needs of local populations, |
| --- | --- |

M.

whereas the health services in most developing countries are far from able to meet the needs of local populations,

| N. | whereas lack of access to health stems from difficulties in accessing both health care (owing to shortages of health care staff and facilities as well as a lack of public health care systems) and treatment, |
| --- | --- |

N.

whereas lack of access to health stems from difficulties in accessing both health care (owing to shortages of health care staff and facilities as well as a lack of public health care systems) and treatment,

| 1. | Underlines the fact that only a vaccination programme involving a large-scale vaccination campaign could have a positive impact in terms of achieving MDG 6 after 2015, and in particular the eradication of tuberculosis by 2050; |
| --- | --- |

1.

Underlines the fact that only a vaccination programme involving a large-scale vaccination campaign could have a positive impact in terms of achieving MDG 6 after 2015, and in particular the eradication of tuberculosis by 2050;

| 2. | Considers vaccines to be an essential means of combating tuberculosis, together with better – reliable, low-cost and soundly based – testing, as well as more effective diagnosis and treatment, and that this implies a major shift in the focus of research and an increase in sustainable funding; |
| --- | --- |

2.

Considers vaccines to be an essential means of combating tuberculosis, together with better – reliable, low-cost and soundly based – testing, as well as more effective diagnosis and treatment, and that this implies a major shift in the focus of research and an increase in sustainable funding;

| 3. | Calls on the Commission to explore innovative funding channels, such as the establishment by the Member States and/or the Union of a financial guarantee to enable funding for the TBVI to be obtained from the European Investment Bank, with a view to securing finance for research in developing countries into neglected diseases and those involving little profit potential; |
| --- | --- |

3.

Calls on the Commission to explore innovative funding channels, such as the establishment by the Member States and/or the Union of a financial guarantee to enable funding for the TBVI to be obtained from the European Investment Bank, with a view to securing finance for research in developing countries into neglected diseases and those involving little profit potential;

| 4. | Points out that killer diseases such as tuberculosis ought to be the focus of a much greater pharmaceutical research effort; |
| --- | --- |

4.

Points out that killer diseases such as tuberculosis ought to be the focus of a much greater pharmaceutical research effort;

| 5. | Stresses that an integrated approach, covering the various programmes targeted at specific diseases such as AIDS, malaria and tuberculosis together with a consolidation of basic health care systems, would enable the needs of people in developing countries to be addressed; |
| --- | --- |

5.

Stresses that an integrated approach, covering the various programmes targeted at specific diseases such as AIDS, malaria and tuberculosis together with a consolidation of basic health care systems, would enable the needs of people in developing countries to be addressed;

| 6. | Calls on the Commission and the Member States to stand by their funding commitments and do everything necessary to ensure that funds allocated to health care also reach the most impoverished people in developing countries; stresses the urgent need for public health services in the most remote areas; |
| --- | --- |

6.

Calls on the Commission and the Member States to stand by their funding commitments and do everything necessary to ensure that funds allocated to health care also reach the most impoverished people in developing countries; stresses the urgent need for public health services in the most remote areas;

| 7. | Takes the view that tuberculosis vaccination ought to be carried out as a priority in dispensaries and clinics in developing countries and calls, accordingly, for public health care services to be restored; takes the view that EU assistance should, first and foremost, support developing countries’ internal efforts to build human, institutional and infrastructure capacity; |
| --- | --- |

7.

Takes the view that tuberculosis vaccination ought to be carried out as a priority in dispensaries and clinics in developing countries and calls, accordingly, for public health care services to be restored; takes the view that EU assistance should, first and foremost, support developing countries’ internal efforts to build human, institutional and infrastructure capacity;

| 8. | Stresses that access to drinking water and a balanced diet is a precondition for a healthy population; draws attention, therefore, to the fact that health is a holistic concept and that better living conditions help to increase life expectancy and to combat poverty and tuberculosis; |
| --- | --- |

8.

Stresses that access to drinking water and a balanced diet is a precondition for a healthy population; draws attention, therefore, to the fact that health is a holistic concept and that better living conditions help to increase life expectancy and to combat poverty and tuberculosis;

| 9. | Calls on the EU and developing countries to promote free access to health care; |
| --- | --- |

9.

Calls on the EU and developing countries to promote free access to health care;

| 10. | Instructs its President to forward this resolution to the Council, the Commission, the Member States, the relevant officials of the TBVI foundation and the World Health Organisation. |
| --- | --- |

10.

Instructs its President to forward this resolution to the Council, the Commission, the Member States, the relevant officials of the TBVI foundation and the World Health Organisation.

---

(1)  Texts adopted, P7_TA(2010)0355.

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| 22.6.2012 | EN | Official Journal of the European Union | CE 182/12 |
| --- | --- | --- | --- |

22.6.2012

EN

Official Journal of the European Union

CE 182/12

---

Thursday 3 February 2011Waste crisis in Campania

P7_TA(2011)0041

European Parliament resolution of 3 February 2011 on the waste crisis in Campania

2012/C 182 E/04

The European Parliament,

| — | having regard to Council Directive 75/442/EEC of 15 July 1975 on waste (1), in particular Article 4 thereof, |
| --- | --- |

—

having regard to Council Directive 75/442/EEC of 15 July 1975 on waste (1), in particular Article 4 thereof,

| — | having regard to Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (2), in particular Article 2 thereof, |
| --- | --- |

—

having regard to Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (2), in particular Article 2 thereof,

| — | having regard to Council Directive 1999/31/EC of 26 April 1999 on landfill of waste (3), in particular Article 11 thereof and Annex II thereto, |
| --- | --- |

—

having regard to Council Directive 1999/31/EC of 26 April 1999 on landfill of waste (3), in particular Article 11 thereof and Annex II thereto,

| — | having regard to the revised Framework on Directive Waste (2008/98/EC) (4), in particular Articles 17 and 18 thereof, |
| --- | --- |

—

having regard to the revised Framework on Directive Waste (2008/98/EC) (4), in particular Articles 17 and 18 thereof,

| — | having regard to its resolution of 19 November 2003 on the follow-up report on Council Directive 75/442/EEC (Waste Framework Directive) (5), |
| --- | --- |

—

having regard to its resolution of 19 November 2003 on the follow-up report on Council Directive 75/442/EEC (Waste Framework Directive) (5),

| — | having regard to its resolution of 16 September 1998 on the communication from the Commission to the European Parliament and the Council concerning the application of the directives on waste management (6), |
| --- | --- |

—

having regard to its resolution of 16 September 1998 on the communication from the Commission to the European Parliament and the Council concerning the application of the directives on waste management (6),

| — | having regard to the Working Document on the fact-finding mission by its Committee on Petitions to Campania, Italy, from 28 to 30 April 2010 (7), |
| --- | --- |

—

having regard to the Working Document on the fact-finding mission by its Committee on Petitions to Campania, Italy, from 28 to 30 April 2010 (7),

| — | having regard to Law 123/2008 of the Italian Republic promulgated on 14 July 2008, |
| --- | --- |

—

having regard to Law 123/2008 of the Italian Republic promulgated on 14 July 2008,

| — | having regard to Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (8), |
| --- | --- |

—

having regard to Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (8),

| — | having regard to the judgment of the European Court of Justice in Case C-135/05 of 26 April 2007, |
| --- | --- |

—

having regard to the judgment of the European Court of Justice in Case C-135/05 of 26 April 2007,

| — | having regard to the judgment of the European Court of Justice in Case C-297/08 of 4 March 2010, |
| --- | --- |

—

having regard to the judgment of the European Court of Justice in Case C-297/08 of 4 March 2010,

| — | having regard to Articles 191 and 260 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 191 and 260 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment (9), in particular Article 2 thereof, |
| --- | --- |

—

having regard to Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment (9), in particular Article 2 thereof,

| — | having regard to the Aarhus Convention, |
| --- | --- |

—

having regard to the Aarhus Convention,

| — | having regard to Rule 115(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 115(5) of its Rules of Procedure,

| A. | whereas the waste crisis in Campania is the most complex chapter in a history of problematic waste management in many parts of Italy, including Lazio, Calabria and Sicily, whereas a waste emergency was declared in the 1990s, and whereas government commissioners with special powers and funds were appointed, |
| --- | --- |

A.

whereas the waste crisis in Campania is the most complex chapter in a history of problematic waste management in many parts of Italy, including Lazio, Calabria and Sicily, whereas a waste emergency was declared in the 1990s, and whereas government commissioners with special powers and funds were appointed,

| B. | whereas Italian Decree Law No 195 of 31 December 2009 officially declared the state of emergency ended and, as from that date onward, delegated responsibility for waste management to the provincial authorities, |
| --- | --- |

B.

whereas Italian Decree Law No 195 of 31 December 2009 officially declared the state of emergency ended and, as from that date onward, delegated responsibility for waste management to the provincial authorities,

| C. | whereas on 5 October 2010 a working document reporting on the fact-finding mission to Campania, Italy, from 28 to 30 April 2010, undertaken in response to the many petitions submitted concerning waste management problems in the region, was adopted by Parliament’s Committee on Petitions, |
| --- | --- |

C.

whereas on 5 October 2010 a working document reporting on the fact-finding mission to Campania, Italy, from 28 to 30 April 2010, undertaken in response to the many petitions submitted concerning waste management problems in the region, was adopted by Parliament’s Committee on Petitions,

| D. | whereas a new crisis, following that of summer 2007, arose shortly after the adoption of the report on the fact-finding mission by the Committee on Petitions; whereas the announcement of the consequent exceptional measures, such as the opening of new landfills, was followed by massive protests, |
| --- | --- |

D.

whereas a new crisis, following that of summer 2007, arose shortly after the adoption of the report on the fact-finding mission by the Committee on Petitions; whereas the announcement of the consequent exceptional measures, such as the opening of new landfills, was followed by massive protests,

| E. | whereas the initial solution, involving the production of ‘Ecobales’ and organic waste, was not carried out correctly, so that the waste bales could not be disposed of; and whereas, owing to the lack of waste filtering or sorting procedures, an estimated amount of over seven million tonnes of ‘Ecobales’ of substandard quality were produced, |
| --- | --- |

E.

whereas the initial solution, involving the production of ‘Ecobales’ and organic waste, was not carried out correctly, so that the waste bales could not be disposed of; and whereas, owing to the lack of waste filtering or sorting procedures, an estimated amount of over seven million tonnes of ‘Ecobales’ of substandard quality were produced,

| F. | whereas the first incinerator at Acerra only came on stream in March 2010, and whereas its operation has been hampered by the lack of appropriate infrastructure for the separation and treatment of waste and concerns remain regarding the disposal of the toxic ash produced by the incineration process, |
| --- | --- |

F.

whereas the first incinerator at Acerra only came on stream in March 2010, and whereas its operation has been hampered by the lack of appropriate infrastructure for the separation and treatment of waste and concerns remain regarding the disposal of the toxic ash produced by the incineration process,

| G. | whereas the progress made in terms of waste reduction and the recycling of household waste has been minimal and household and other waste has continued to be brought to landfills indiscriminately, in some cases apparently mixed with various types of industrial waste, |
| --- | --- |

G.

whereas the progress made in terms of waste reduction and the recycling of household waste has been minimal and household and other waste has continued to be brought to landfills indiscriminately, in some cases apparently mixed with various types of industrial waste,

| H. | whereas many landfills have been declared areas of strategic interest, so that members of the public, mayors and local authorities, including the police, have been prevented from checking what is actually brought there, |
| --- | --- |

H.

whereas many landfills have been declared areas of strategic interest, so that members of the public, mayors and local authorities, including the police, have been prevented from checking what is actually brought there,

| I. | whereas the key feature of the management of the waste crisis is the practice of derogating from regulations and controls, including, for example, the granting of exemptions from environmental impact assessments and public procurement legislation; whereas commissioners were appointed with the authority to decide on the location of plants, landfills and incinerators and to select contractors, without proper consultation of or the provision of information to local authorities and local residents about the decisions taken; and whereas the system involving the management of waste by emergency commissioners has come under heavy criticism and given rise to judicial proceedings and is actually seen by much of the population as part of the problem, owing to its lack of transparency and the lack of institutional supervision, rather than the solution, |
| --- | --- |

I.

whereas the key feature of the management of the waste crisis is the practice of derogating from regulations and controls, including, for example, the granting of exemptions from environmental impact assessments and public procurement legislation; whereas commissioners were appointed with the authority to decide on the location of plants, landfills and incinerators and to select contractors, without proper consultation of or the provision of information to local authorities and local residents about the decisions taken; and whereas the system involving the management of waste by emergency commissioners has come under heavy criticism and given rise to judicial proceedings and is actually seen by much of the population as part of the problem, owing to its lack of transparency and the lack of institutional supervision, rather than the solution,

| J. | whereas under the Aarhus Convention citizens have the right to be informed of the situation in their own territory and it is the duty of the authorities to provide information and to motivate citizens to develop a responsible attitude and forms of behaviour; whereas in accordance with Directive 2003/35/EC Member States are required to ensure that the public is given early and effective opportunities to participate in the preparation and modification or review of any plans or programmes which have to be drawn up, |
| --- | --- |

J.

whereas under the Aarhus Convention citizens have the right to be informed of the situation in their own territory and it is the duty of the authorities to provide information and to motivate citizens to develop a responsible attitude and forms of behaviour; whereas in accordance with Directive 2003/35/EC Member States are required to ensure that the public is given early and effective opportunities to participate in the preparation and modification or review of any plans or programmes which have to be drawn up,

| K. | whereas no proper attention was paid to members of the public who protested at the situation or tried to propose alternative approaches; whereas the national political authorities have placed waste sites and the Acerra incinerator under strict army control; whereas recently there have been some arrests during public demonstrations about the matter, showing that the relationship between the public and the authorities has been damaged as civil discontent increases over time, |
| --- | --- |

K.

whereas no proper attention was paid to members of the public who protested at the situation or tried to propose alternative approaches; whereas the national political authorities have placed waste sites and the Acerra incinerator under strict army control; whereas recently there have been some arrests during public demonstrations about the matter, showing that the relationship between the public and the authorities has been damaged as civil discontent increases over time,

| L. | whereas in 2007 the Commission decided to suspend payment of EUR 135 million in contributions from the 2006-2013 financing period to waste-related projects and a further EUR 10,5 million from the 2000-2006 financing period until the commissioner structure is abolished, |
| --- | --- |

L.

whereas in 2007 the Commission decided to suspend payment of EUR 135 million in contributions from the 2006-2013 financing period to waste-related projects and a further EUR 10,5 million from the 2000-2006 financing period until the commissioner structure is abolished,

| M. | whereas in most cities progress in terms of waste reduction and the recycling of household waste has been minimal; whereas, remarkably, significant progress has been made in some cities in the separation and collection of household waste, although the waste cycle still relies heavily on landfill and incineration, contrary to the guidelines laid down in the new Waste Framework Directive (2008/98/EC); whereas a waste management plan is currently being assessed in terms of its compliance with the principles laid down in EU waste legislation regarding the hierarchy of treatment and the safe use of landfills or incineration, |
| --- | --- |

M.

whereas in most cities progress in terms of waste reduction and the recycling of household waste has been minimal; whereas, remarkably, significant progress has been made in some cities in the separation and collection of household waste, although the waste cycle still relies heavily on landfill and incineration, contrary to the guidelines laid down in the new Waste Framework Directive (2008/98/EC); whereas a waste management plan is currently being assessed in terms of its compliance with the principles laid down in EU waste legislation regarding the hierarchy of treatment and the safe use of landfills or incineration,

| N. | whereas no checks are carried out on the quality of household waste and the dumping of hazardous waste in illegal sites, and whereas the fact that geological and hydrological factors have not been taken properly into account in decisions on the location of landfills at sites such as Chiaiano has given rise to serious risks of the contamination of surrounding soil and groundwater; whereas this is in violation of Articles 17 and 18 of the Waste Framework Directive, and of the Landfill Directive, |
| --- | --- |

N.

whereas no checks are carried out on the quality of household waste and the dumping of hazardous waste in illegal sites, and whereas the fact that geological and hydrological factors have not been taken properly into account in decisions on the location of landfills at sites such as Chiaiano has given rise to serious risks of the contamination of surrounding soil and groundwater; whereas this is in violation of Articles 17 and 18 of the Waste Framework Directive, and of the Landfill Directive,

| O. | whereas in its judgment of 26 April 2007 in Case C-135/05 the Court of Justice declared that, firstly, by not adopting all the necessary measures to ensure, in particular, that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment, and, secondly, by not prohibiting the abandonment, dumping or uncontrolled disposal of waste, the Italian Republic had failed to fulfil its obligations under Community law; whereas in its recent judgment of 4 March 2010 in Case C-297/08 the Court declared that, by not adopting all the necessary measures for the region of Campania, the Italian Republic has failed to fulfil its obligations under Articles 4 and 5 of Directive 2006/12/EC, |
| --- | --- |

O.

whereas in its judgment of 26 April 2007 in Case C-135/05 the Court of Justice declared that, firstly, by not adopting all the necessary measures to ensure, in particular, that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment, and, secondly, by not prohibiting the abandonment, dumping or uncontrolled disposal of waste, the Italian Republic had failed to fulfil its obligations under Community law; whereas in its recent judgment of 4 March 2010 in Case C-297/08 the Court declared that, by not adopting all the necessary measures for the region of Campania, the Italian Republic has failed to fulfil its obligations under Articles 4 and 5 of Directive 2006/12/EC,

| P. | whereas the Commission has not received a final version of the waste management plan for the Region of Campania, in keeping with the Court of Justice ruling; whereas Parliament has, however, noted a draft waste management plan presented after the 31 December 2010 deadline, |
| --- | --- |

P.

whereas the Commission has not received a final version of the waste management plan for the Region of Campania, in keeping with the Court of Justice ruling; whereas Parliament has, however, noted a draft waste management plan presented after the 31 December 2010 deadline,

| Q. | whereas, in its resolution of 16 September 1998 on the application of the directives on waste management, it has already called for the systematic initiation of infringement proceedings against Member States which fail to comply with all the provisions of the directives in question and to provide a quarterly list of cases against defaulting Member States brought before the Court of Justice, including a list of cases already ruled on by the Court and a list of fines levied by the Court; and whereas, in its resolution of 19 November 2003 on the follow-up report on the Waste Framework Directive, it called for thorough and consistent monitoring and coordination of the implementation of the waste legislation in force, |
| --- | --- |

Q.

whereas, in its resolution of 16 September 1998 on the application of the directives on waste management, it has already called for the systematic initiation of infringement proceedings against Member States which fail to comply with all the provisions of the directives in question and to provide a quarterly list of cases against defaulting Member States brought before the Court of Justice, including a list of cases already ruled on by the Court and a list of fines levied by the Court; and whereas, in its resolution of 19 November 2003 on the follow-up report on the Waste Framework Directive, it called for thorough and consistent monitoring and coordination of the implementation of the waste legislation in force,

| 1. | Calls for a sustainable solution to be urgently identified that meets EU criteria, namely the implementation of a waste management plan under which, in accordance with Directive 2008/98/EC, respect for the waste cycle hierarchy is fundamental; asks the Commission to keep it informed about developments, including the implementation of a waste management plan, and compliance with the Court of Justice ruling of 4 March 2010 and EU rules; |
| --- | --- |

1.

Calls for a sustainable solution to be urgently identified that meets EU criteria, namely the implementation of a waste management plan under which, in accordance with Directive 2008/98/EC, respect for the waste cycle hierarchy is fundamental; asks the Commission to keep it informed about developments, including the implementation of a waste management plan, and compliance with the Court of Justice ruling of 4 March 2010 and EU rules;

| 2. | Points out that compliance with EU law on waste in Campania calls for very energetic efforts to cut the volume of waste and tip the balance towards waste prevention, reduction, re-use and recycling by providing the appropriate infrastructure, and notes that more emphasis must be placed on the recovery of organic waste, particularly in this largely agricultural region; recommends that the data should be verified and that a system of exchanges of best practice established; |
| --- | --- |

2.

Points out that compliance with EU law on waste in Campania calls for very energetic efforts to cut the volume of waste and tip the balance towards waste prevention, reduction, re-use and recycling by providing the appropriate infrastructure, and notes that more emphasis must be placed on the recovery of organic waste, particularly in this largely agricultural region; recommends that the data should be verified and that a system of exchanges of best practice established;

| 3. | Considers that the exceptional measures employed over long periods by the Italian authorities, including the appointment of special commissioners or the designation of waste sites as being of ‘strategic interest’ under army control, have been counterproductive and fears that the established lack of transparency in the management of waste by the public authorities has facilitated rather than inhibited the increased involvement of organised crime groups both in official waste management in the region and in the illegal disposal of industrial waste; calls, therefore, for much greater transparency on the part of the various authorities responsible; |
| --- | --- |

3.

Considers that the exceptional measures employed over long periods by the Italian authorities, including the appointment of special commissioners or the designation of waste sites as being of ‘strategic interest’ under army control, have been counterproductive and fears that the established lack of transparency in the management of waste by the public authorities has facilitated rather than inhibited the increased involvement of organised crime groups both in official waste management in the region and in the illegal disposal of industrial waste; calls, therefore, for much greater transparency on the part of the various authorities responsible;

| 4. | Stresses the importance of rebuilding trust by means of structured dialogue between the public and the various authorities involved and between the various levels of government; deplores the criminal charges brought by the authorities against some members of the public peacefully demonstrating against the opening of new landfills and the violence employed by the security forces against demonstrators; is convinced that it is only by actively involving and informing the public throughout the whole process that a sustainable solution can be found over time to the waste problems faced by the region; |
| --- | --- |

4.

Stresses the importance of rebuilding trust by means of structured dialogue between the public and the various authorities involved and between the various levels of government; deplores the criminal charges brought by the authorities against some members of the public peacefully demonstrating against the opening of new landfills and the violence employed by the security forces against demonstrators; is convinced that it is only by actively involving and informing the public throughout the whole process that a sustainable solution can be found over time to the waste problems faced by the region;

| 5. | Reiterates the fact that the Commission is currently withholding EU structural funds intended for Campania, funds that will be released only once the waste management plan is actually consistent with EU law; |
| --- | --- |

5.

Reiterates the fact that the Commission is currently withholding EU structural funds intended for Campania, funds that will be released only once the waste management plan is actually consistent with EU law;

| 6. | Draws attention to the 7 million tonnes of ‘Ecobales’, whose contents are currently being examined, accumulated in stockpiles, especially on the Taverna del Ré site, and emphasises the importance of prioritising their removal and disposal once their precise contents have been properly assessed; insists that the disposal of the ‘Ecobales’ must be carried out using appropriate forms of treatment and addressed in the context of the waste management plan, with locations being clearly established for each treatment and lawful practices employed; |
| --- | --- |

6.

Draws attention to the 7 million tonnes of ‘Ecobales’, whose contents are currently being examined, accumulated in stockpiles, especially on the Taverna del Ré site, and emphasises the importance of prioritising their removal and disposal once their precise contents have been properly assessed; insists that the disposal of the ‘Ecobales’ must be carried out using appropriate forms of treatment and addressed in the context of the waste management plan, with locations being clearly established for each treatment and lawful practices employed;

| 7. | Notes that urgent attention must be paid to the open, illegal dumping of mixed and unidentified waste near the Ferandelle site, and calls for the enforcement of strict management controls; reminds the competent authorities that, in order to comply fully with the IED/IPPC Directive (Directive 2010/75/EU), they must establish strict controls on the handling of specific types of industrial waste, regardless of their origin; points out, further, that specially designated sites must be established which are consistent with the provisions of the relevant EU directives, thereby ensuring that an appropriate infrastructure for industrial, special and toxic waste is developed; requests an explanation for the failure to use the site planned for the reception of organic waste and calls for it to be put into operation, provided it fulfils the criteria laid down in the Waste Management Directive; calls for the monitoring of unlicensed, privately run landfills and appropriate action to ensure compliance with EU rules; |
| --- | --- |

7.

Notes that urgent attention must be paid to the open, illegal dumping of mixed and unidentified waste near the Ferandelle site, and calls for the enforcement of strict management controls; reminds the competent authorities that, in order to comply fully with the IED/IPPC Directive (Directive 2010/75/EU), they must establish strict controls on the handling of specific types of industrial waste, regardless of their origin; points out, further, that specially designated sites must be established which are consistent with the provisions of the relevant EU directives, thereby ensuring that an appropriate infrastructure for industrial, special and toxic waste is developed; requests an explanation for the failure to use the site planned for the reception of organic waste and calls for it to be put into operation, provided it fulfils the criteria laid down in the Waste Management Directive; calls for the monitoring of unlicensed, privately run landfills and appropriate action to ensure compliance with EU rules;

| 8. | Deplores the previous decision to open landfills in protected areas within the Vesuvius National Park, such as in Terzigno; strongly opposes any plans to expand these landfill sites and welcomes the decision not to open a second landfill in Terzigno (Cava Vitiello); |
| --- | --- |

8.

Deplores the previous decision to open landfills in protected areas within the Vesuvius National Park, such as in Terzigno; strongly opposes any plans to expand these landfill sites and welcomes the decision not to open a second landfill in Terzigno (Cava Vitiello);

| 9. | Notes that the Commission has stated that locating landfills in Natura 2000 sites is not as such a breach of EU law and also notes that areas have been designated or are already in use as landfills in national parks, Natura 2000 sites and UNESCO heritage areas, in compliance with EU law; raises the issue as to whether this poses ecological or health risks; takes the view that siting landfills in protected natural or cultural areas is incompatible with environmental law; requests the Commission to amend EU waste legislation so as to categorically prohibit landfills in Natura 2000 sites; proposes that the Commission should apply to the Court of Justice for an injunction if existing landfills in protected natural areas are extended or new ones opened in Natura 2000 sites; |
| --- | --- |

9.

Notes that the Commission has stated that locating landfills in Natura 2000 sites is not as such a breach of EU law and also notes that areas have been designated or are already in use as landfills in national parks, Natura 2000 sites and UNESCO heritage areas, in compliance with EU law; raises the issue as to whether this poses ecological or health risks; takes the view that siting landfills in protected natural or cultural areas is incompatible with environmental law; requests the Commission to amend EU waste legislation so as to categorically prohibit landfills in Natura 2000 sites; proposes that the Commission should apply to the Court of Justice for an injunction if existing landfills in protected natural areas are extended or new ones opened in Natura 2000 sites;

| 10. | Urges the Italian Government to act in connection with this matter in a manner consistent with EU law, and, in particular, to comply with the two latest judgments of the Court of Justice, to respect the resulting deadlines for compliance set by the Commission and to correct all the stated breaches of the EU law, in keeping with its obligation to take measures to ensure that the acquis communautaire is respected at all levels; |
| --- | --- |

10.

Urges the Italian Government to act in connection with this matter in a manner consistent with EU law, and, in particular, to comply with the two latest judgments of the Court of Justice, to respect the resulting deadlines for compliance set by the Commission and to correct all the stated breaches of the EU law, in keeping with its obligation to take measures to ensure that the acquis communautaire is respected at all levels;

| 11. | Calls on the Commission to do everything in its power to monitor the efforts made by the competent authorities in Italy to ensure that waste is properly collected, separated and treated, for example by means of systematic inspections, and to urge the regional authorities to submit a credible waste management plan; calls on the Commission to invite a European Parliament delegation to take part in the inspections; |
| --- | --- |

11.

Calls on the Commission to do everything in its power to monitor the efforts made by the competent authorities in Italy to ensure that waste is properly collected, separated and treated, for example by means of systematic inspections, and to urge the regional authorities to submit a credible waste management plan; calls on the Commission to invite a European Parliament delegation to take part in the inspections;

| 12. | Stresses that the design and implementation of the waste cycle is the responsibility of the Italian authorities; considers that the cost of cleaning up the sites in Campania which have been contaminated by pollution from various forms of waste should not be borne by the taxpayers, but rather, in accordance with the polluter-pays principle, by those responsible for the pollution; |
| --- | --- |

12.

Stresses that the design and implementation of the waste cycle is the responsibility of the Italian authorities; considers that the cost of cleaning up the sites in Campania which have been contaminated by pollution from various forms of waste should not be borne by the taxpayers, but rather, in accordance with the polluter-pays principle, by those responsible for the pollution;

| 13. | Notes that Italy did not notify its transposition of Directive 2008/99/EC on the protection of the environment through criminal law by the deadline of 26 December 2010, but expects Italy to comply fully with the directive and to impose penalties accordingly for the waste-related offences listed in the directive, including on legal persons when the relevant conditions are met; |
| --- | --- |

13.

Notes that Italy did not notify its transposition of Directive 2008/99/EC on the protection of the environment through criminal law by the deadline of 26 December 2010, but expects Italy to comply fully with the directive and to impose penalties accordingly for the waste-related offences listed in the directive, including on legal persons when the relevant conditions are met;

| 14. | Calls on the Commission to monitor developments and to make use of the powers conferred on it, including by bringing a further action seeking financial penalties (under Article 260 TFEU), in such a way as to ensure that the Campania authorities comply without delay with the relevant judgment of the Court of Justice, in line with the ruling laid down in the Court's judgment of 12 July 2005 in Case C-304/02 Commission v France [2005] ECR I-6263, in particular making sure that the existing landfills comply with EU law; |
| --- | --- |

14.

Calls on the Commission to monitor developments and to make use of the powers conferred on it, including by bringing a further action seeking financial penalties (under Article 260 TFEU), in such a way as to ensure that the Campania authorities comply without delay with the relevant judgment of the Court of Justice, in line with the ruling laid down in the Court's judgment of 12 July 2005 in Case C-304/02 Commission v France [2005] ECR I-6263, in particular making sure that the existing landfills comply with EU law;

| 15. | Instructs its President to forward its position to the Council, the Commission and the Government and Parliament of Italy. |
| --- | --- |

15.

Instructs its President to forward its position to the Council, the Commission and the Government and Parliament of Italy.

---

(1)  OJ L 194, 25.7.1975, p. 39.

(2)  OJ L 377, 31.12.1991, p. 20.

(3)  OJ L 182, 16.7.1999, p. 1.

(4)  OJ L 312, 22.11.2008, p. 3.

(5)  OJ C 87 E, 7.4.2004, p. 400.

(6)  OJ C 313, 12.10.1998, p. 99.

(7)  PETI_DT(2010)442870.

(8)  OJ L 328, 6.12.2008, p. 28.

(9)  OJ L 156, 25.6.2003, p. 17.

---

| 22.6.2012 | EN | Official Journal of the European Union | CE 182/16 |
| --- | --- | --- | --- |

22.6.2012

EN

Official Journal of the European Union

CE 182/16

---

Thursday 3 February 2011Increased coordination of cancer research in the European Union

P7_TA(2011)0042

Declaration of the European Parliament of 3 February 2011 on the need for increased coordination of cancer research in the European Union

2012/C 182 E/05

The European Parliament,

| — | having regard to Rule 123 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 123 of its Rules of Procedure,

| A. | whereas cancer remains the leading cause of death in Europe, and whereas cancer research is undertaken mainly at national level and is significantly fragmented, unequal and diverse across the EU, and thus lacking in coordination at EU level, |
| --- | --- |

A.

whereas cancer remains the leading cause of death in Europe, and whereas cancer research is undertaken mainly at national level and is significantly fragmented, unequal and diverse across the EU, and thus lacking in coordination at EU level,

| B. | recognising that there is an urgent need to foster self-sustaining cooperation in, and coordination of, research, |
| --- | --- |

B.

recognising that there is an urgent need to foster self-sustaining cooperation in, and coordination of, research,

| 1. | Calls on the Commission to improve the coordination, cooperation and coherence of pan-European, national, regional and local cancer research activities, avoiding duplication and focusing on unmet needs in cancer treatment; |
| --- | --- |

1.

Calls on the Commission to improve the coordination, cooperation and coherence of pan-European, national, regional and local cancer research activities, avoiding duplication and focusing on unmet needs in cancer treatment;

| 2. | Calls on the Commission and the Member States to ensure that there is adequate mapping and funding of, and increased cooperation in, cancer research; |
| --- | --- |

2.

Calls on the Commission and the Member States to ensure that there is adequate mapping and funding of, and increased cooperation in, cancer research;

| 3. | Calls on the Commission and the Member States to develop a holistic cancer research strategy based on a matrix, with horizontals such as transnational research and diagnosis and verticals such as research on prevention, research on screening and research on quality of life and care; |
| --- | --- |

3.

Calls on the Commission and the Member States to develop a holistic cancer research strategy based on a matrix, with horizontals such as transnational research and diagnosis and verticals such as research on prevention, research on screening and research on quality of life and care;

| 4. | Call on the Commission to utilise the European Partnership for Action Against Cancer to organise different research working groups; |
| --- | --- |

4.

Call on the Commission to utilise the European Partnership for Action Against Cancer to organise different research working groups;

| 5. | Calls for promotion of partnerships with patient groups, harnessing their specific expertise and knowledge to support accelerated progress in research; |
| --- | --- |

5.

Calls for promotion of partnerships with patient groups, harnessing their specific expertise and knowledge to support accelerated progress in research;

| 6. | Instructs its President to forward this declaration, together with the names of the signatories (1), to the parliaments of the Member States. |
| --- | --- |

6.

Instructs its President to forward this declaration, together with the names of the signatories (1), to the parliaments of the Member States.

---

(1)  The list of signatories is published in Annex 4 to the Minutes of 3 February 2011 (P7_PV(2011)02-03(ANN4)).

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Thursday 3 February 2011

| 22.6.2012 | EN | Official Journal of the European Union | CE 182/18 |
| --- | --- | --- | --- |

22.6.2012

EN

Official Journal of the European Union

CE 182/18

---

Thursday 3 February 2011Request for waiver of the immunity of Tamás Deutsch

P7_TA(2011)0029

European Parliament decision of 3 February 2011 on the request for waiver of the immunity of Tamás Deutsch (2010/2123(IMM))

2012/C 182 E/06

The European Parliament,

| — | having regard to the request for waiver of the immunity of Tamás Deutsch, forwarded by the Hungarian judicial authorities on 9 June 2010 and announced in plenary sitting on 8 July 2010, |
| --- | --- |

—

having regard to the request for waiver of the immunity of Tamás Deutsch, forwarded by the Hungarian judicial authorities on 9 June 2010 and announced in plenary sitting on 8 July 2010,

| — | having heard Tamás Deutsch in accordance with Rule 7(3) of its Rules of Procedure, |
| --- | --- |

—

having heard Tamás Deutsch in accordance with Rule 7(3) of its Rules of Procedure,

| — | having regard to Articles 8 and 9 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage, |
| --- | --- |

—

having regard to Articles 8 and 9 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

| — | having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986 and 21 October 2008 (1), |
| --- | --- |

—

having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986 and 21 October 2008 (1),

| — | having regard to Section 10(2) of Act LVII of 2004 on the legal status of Hungarian Members of the European Parliament, Section 5(1) of Act LV of 1990 on the legal status of Members of the Hungarian Parliament and Section 12(1) of Act LVII of 2004, |
| --- | --- |

—

having regard to Section 10(2) of Act LVII of 2004 on the legal status of Hungarian Members of the European Parliament, Section 5(1) of Act LV of 1990 on the legal status of Members of the Hungarian Parliament and Section 12(1) of Act LVII of 2004,

| — | having regard to Rules 6(2) and 7 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 6(2) and 7 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A7-0015/2011), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A7-0015/2011),

| A. | whereas criminal proceedings have been brought by a Hungarian citizen against Tamás Deutsch, a Member of the European Parliament, who is accused in the Court of the 2nd and 3rd Districts of Budapest of defamation under Section 179(2)(b-c) of the Hungarian Criminal Code, |
| --- | --- |

A.

whereas criminal proceedings have been brought by a Hungarian citizen against Tamás Deutsch, a Member of the European Parliament, who is accused in the Court of the 2nd and 3rd Districts of Budapest of defamation under Section 179(2)(b-c) of the Hungarian Criminal Code,

| B. | whereas, according to Article 9 of the Protocol on the Privileges and Immunities of the European Union, during the sessions of the European Parliament its Members enjoy in the territory of their own State the immunities accorded to members of their parliament; whereas immunity cannot be claimed when a Member is caught in the act of committing an offence; and whereas this does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members, |
| --- | --- |

B.

whereas, according to Article 9 of the Protocol on the Privileges and Immunities of the European Union, during the sessions of the European Parliament its Members enjoy in the territory of their own State the immunities accorded to members of their parliament; whereas immunity cannot be claimed when a Member is caught in the act of committing an offence; and whereas this does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members,

| C. | whereas, according to Section 10(2) of Act LVII of 2004 on the legal status of Hungarian Members of the European Parliament, a Member of the European Parliament is accorded the same immunity as a Member of the Hungarian Parliament, |
| --- | --- |

C.

whereas, according to Section 10(2) of Act LVII of 2004 on the legal status of Hungarian Members of the European Parliament, a Member of the European Parliament is accorded the same immunity as a Member of the Hungarian Parliament,

| D. | whereas according to Section 5(1) of Act LV of 1990 on the legal status of Members of the Hungarian Parliament, criminal proceedings may be launched or pursued against the Member only with the prior consent of the Hungarian Parliament and pursuant to Section 12(1) of Act LVII of 2004 the European Parliament shall decide on the suspension of the immunity of a Member of the European Parliament, |
| --- | --- |

D.

whereas according to Section 5(1) of Act LV of 1990 on the legal status of Members of the Hungarian Parliament, criminal proceedings may be launched or pursued against the Member only with the prior consent of the Hungarian Parliament and pursuant to Section 12(1) of Act LVII of 2004 the European Parliament shall decide on the suspension of the immunity of a Member of the European Parliament,

| E. | whereas Mr Deutsch is charged with an offence of defamation allegedly committed as a result of statements made about the accuser in the course of a radio programme broadcast on 25 March 2010 to which he was invited in his capacity as a politician and a Member of the European Parliament, |
| --- | --- |

E.

whereas Mr Deutsch is charged with an offence of defamation allegedly committed as a result of statements made about the accuser in the course of a radio programme broadcast on 25 March 2010 to which he was invited in his capacity as a politician and a Member of the European Parliament,

| F. | whereas it is therefore appropriate to state that Mr Deutsch expressed opinions in the performance of his duties as the Member of the European Parliament, |
| --- | --- |

F.

whereas it is therefore appropriate to state that Mr Deutsch expressed opinions in the performance of his duties as the Member of the European Parliament,

| 1. | Decides not to waive the immunity of Tamás Deutsch; |
| --- | --- |

1.

Decides not to waive the immunity of Tamás Deutsch;

| 2. | Instructs its President to forward this decision and the report of its competent committee immediately to the appropriate authority of the Republic of Hungary. |
| --- | --- |

2.

Instructs its President to forward this decision and the report of its competent committee immediately to the appropriate authority of the Republic of Hungary.

---

(1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, Case 149/85 Wybot v Faure and Others [1986] ECR 2391 and Joined Cases C-200/07 and C-201/07 Marra v De Gregorio and Clemente, not yet reported in the European Court Reports.

---

III Preparatory acts

EUROPEAN PARLIAMENT

Thursday 3 February 2011

| 22.6.2012 | EN | Official Journal of the European Union | CE 182/20 |
| --- | --- | --- | --- |

22.6.2012

EN

Official Journal of the European Union

CE 182/20

---

Thursday 3 February 2011Financing instrument for development cooperation ***II

P7_TA(2011)0030

European Parliament legislative resolution of 3 February 2011 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 Council Regulation (EC) No 1905/2006 establishing a financing instrument for development cooperation (16447/1/2010 – C7-0424/2010 – 2010/0059(COD))

2012/C 182 E/07

(Ordinary legislative procedure: second reading)

The European Parliament,

| — | having regard to the Council position at first reading (16447/1/2010 – C7-0424/2010), |
| --- | --- |

—

having regard to the Council position at first reading (16447/1/2010 – C7-0424/2010),

| — | having regard to the contributions submitted by national parliaments on the draft legislative act, |
| --- | --- |

—

having regard to the contributions submitted by national parliaments on the draft legislative act,

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2010)0102), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2010)0102),

| — | 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 Rule 66 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 66 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Development (A7-0009/2011), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Development (A7-0009/2011),

| 1. | Adopts its position at second reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at second reading hereinafter set out;

| 2. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  Texts adopted of 21.10.2010, P7_TA(2010)0382.

---

Thursday 3 February 2011P7_TC2-COD(2010)0059

Position of the European Parliament adopted at second reading on 3 February 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Regulation (EC) No 1905/2006 establishing a financing instrument for development cooperation

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 209(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure (1),

Whereas:

| (1) | The Union's development policy aims to reduce and ultimately eradicate poverty. |
| --- | --- |

(1)

The Union's development policy aims to reduce and ultimately eradicate poverty.

| (2) | The Union, as a member of the World Trade Organisation (WTO), is committed to mainstreaming trade in development strategies and to promoting international trade in order to advance development and reduce – and, in the long term, eradicate – poverty worldwide. |
| --- | --- |

(2)

The Union, as a member of the World Trade Organisation (WTO), is committed to mainstreaming trade in development strategies and to promoting international trade in order to advance development and reduce – and, in the long term, eradicate – poverty worldwide.

| (3) | The Union supports the African, Caribbean and Pacific (ACP) Group of States on their path to poverty reduction and to sustainable economic and social development, and recognises the importance of their commodity sectors. |
| --- | --- |

(3)

The Union supports the African, Caribbean and Pacific (ACP) Group of States on their path to poverty reduction and to sustainable economic and social development, and recognises the importance of their commodity sectors.

| (4) | The Union is committed to supporting the smooth and gradual integration of developing countries into the world economy with a view to sustainable development. The main ACP banana-exporting countries may face challenges in the context of changing trade arrangements, notably liberalisation of the Most Favoured Nation (MFN) tariff in the framework of the WTO and the bilateral and regional agreements concluded, or in the process of being concluded, between the Union and Latin American countries. Therefore, an ACP Banana Accompanying Measures programme (‘the programme’) should be added to Regulation (EC) No 1905/2006 of the European Parliament and of the Council (2). |
| --- | --- |

(4)

The Union is committed to supporting the smooth and gradual integration of developing countries into the world economy with a view to sustainable development. The main ACP banana-exporting countries may face challenges in the context of changing trade arrangements, notably liberalisation of the Most Favoured Nation (MFN) tariff in the framework of the WTO and the bilateral and regional agreements concluded, or in the process of being concluded, between the Union and Latin American countries. Therefore, an ACP Banana Accompanying Measures programme (‘the programme’) should be added to Regulation (EC) No 1905/2006 of the European Parliament and of the Council (2).

| (5) | The financial assistance measures to be adopted under the programme should aim at improving the living standards and living conditions of people in banana-growing areas and in banana value chains, specifically small farmers and small entities, as well as ensuring compliance with labour and occupational health and safety standards, and environmental standards, notably those regarding the use of and exposure to pesticides. The measures should
  therefore
  support the adaptation and
  include
  , when relevant, the reorganisation, of areas dependent upon banana exports through sector-specific budget support or project-specific interventions. The measures should aim to provide for social resilience policies, economic diversification or investment to improve competitiveness, where this is viable, taking into account the results of and experiences gained through the Special System of Assistance to traditional ACP suppliers of bananas established in accordance with Council Regulation (EC) No 2686/94 (3) and the Special Framework of Assistance (SFA) for traditional ACP suppliers of bananas established in accordance with Council Regulation (EC) No 856/1999 (4) and Commission Regulation (EC) No 1609/1999 (5). The Union acknowledges the importance of promoting a more equitable distribution of banana revenues. |
| --- | --- |

(5)

The financial assistance measures to be adopted under the programme should aim at improving the living standards and living conditions of people in banana-growing areas and in banana value chains, specifically small farmers and small entities, as well as ensuring compliance with labour and occupational health and safety standards, and environmental standards, notably those regarding the use of and exposure to pesticides. The measures should
  therefore
  support the adaptation and
  include
  , when relevant, the reorganisation, of areas dependent upon banana exports through sector-specific budget support or project-specific interventions. The measures should aim to provide for social resilience policies, economic diversification or investment to improve competitiveness, where this is viable, taking into account the results of and experiences gained through the Special System of Assistance to traditional ACP suppliers of bananas established in accordance with Council Regulation (EC) No 2686/94 (3) and the Special Framework of Assistance (SFA) for traditional ACP suppliers of bananas established in accordance with Council Regulation (EC) No 856/1999 (4) and Commission Regulation (EC) No 1609/1999 (5). The Union acknowledges the importance of promoting a more equitable distribution of banana revenues.

| (6) | The programme should accompany the adaptation process in ACP countries which have exported significant volumes of bananas to the Union in recent years and which will be affected by liberalisation in the framework of the Geneva Agreement on Trade in Bananas (6) and by the bilateral and regional agreements concluded, or in the process of being concluded, between the Union and Latin American countries. The programme builds on the SFA for traditional ACP suppliers of bananas. It is in conformity with the Union's international obligations in the framework of the WTO, focuses on restructuring and boosting competitiveness, and is consequently temporary in nature, with a duration of four years (2010-2013). |
| --- | --- |

(6)

The programme should accompany the adaptation process in ACP countries which have exported significant volumes of bananas to the Union in recent years and which will be affected by liberalisation in the framework of the Geneva Agreement on Trade in Bananas (6) and by the bilateral and regional agreements concluded, or in the process of being concluded, between the Union and Latin American countries. The programme builds on the SFA for traditional ACP suppliers of bananas. It is in conformity with the Union's international obligations in the framework of the WTO, focuses on restructuring and boosting competitiveness, and is consequently temporary in nature, with a duration of four years (2010-2013).

| (7) | The conclusions of the Commission Communication of 17 March 2010 entitled ‘Biennial Report on the Special Framework of Assistance for Traditional ACP Suppliers of Bananas’ indicate that past assistance programmes made substantial contributions to achieving improved capacity for successful economic diversification, although the full impact cannot be quantified, and that the sustainability of ACP banana exports remains fragile. |
| --- | --- |

(7)

The conclusions of the Commission Communication of 17 March 2010 entitled ‘Biennial Report on the Special Framework of Assistance for Traditional ACP Suppliers of Bananas’ indicate that past assistance programmes made substantial contributions to achieving improved capacity for successful economic diversification, although the full impact cannot be quantified, and that the sustainability of ACP banana exports remains fragile.

| (8) | The Commission has carried out an evaluation of the SFA programme and has not carried out an impact assessment of the banana accompanying measures. |
| --- | --- |

(8)

The Commission has carried out an evaluation of the SFA programme and has not carried out an impact assessment of the banana accompanying measures.

| (9) | The Commission should ensure proper coordination of this programme with the regional and national indicative programmes operating in the beneficiary countries, in particular as regards the achievement of economic, agricultural, social and environmental objectives. |
| --- | --- |

(9)

The Commission should ensure proper coordination of this programme with the regional and national indicative programmes operating in the beneficiary countries, in particular as regards the achievement of economic, agricultural, social and environmental objectives.

| (10) | Almost 2 % of the world's trade in bananas is endorsed by fair trade producers' organisations. The minimum fair trade prices are set on the basis of a calculation of the ‘sustainable production costs’, established following consultations with stakeholders, with a view to internalising the costs of meeting decent social and environmental standards and generating a reasonable profit, enabling producers to safeguard their livelihoods in the long term. |
| --- | --- |

(10)

Almost 2 % of the world's trade in bananas is endorsed by fair trade producers' organisations. The minimum fair trade prices are set on the basis of a calculation of the ‘sustainable production costs’, established following consultations with stakeholders, with a view to internalising the costs of meeting decent social and environmental standards and generating a reasonable profit, enabling producers to safeguard their livelihoods in the long term.

| (11) | To prevent the exploitation of local workers, actors in the production chain in the banana industry should agree to ensure that the revenue generated by the industry is allocated fairly. |
| --- | --- |

(11)

To prevent the exploitation of local workers, actors in the production chain in the banana industry should agree to ensure that the revenue generated by the industry is allocated fairly.

| (11a) | The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of Geographic Strategy Papers, Multi-annual Indicative Programmes and Strategy Papers for thematic programmes and the accompanying measures, as they supplement Regulation (EC) No 1905/2006 and are of general application. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. |
| --- | --- |

(11a)

The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of Geographic Strategy Papers, Multi-annual Indicative Programmes and Strategy Papers for thematic programmes and the accompanying measures, as they supplement Regulation (EC) No 1905/2006 and are of general application. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

| (12) | Regulation (EC) No 1905/2006 should therefore be amended accordingly, |
| --- | --- |

(12)

Regulation (EC) No 1905/2006 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1905/2006 is hereby amended as follows:

| (1) | Article 4 is replaced by the following:
  ‘Article 4


  Implementation of Union assistance

  Consistent with the overall purpose and scope, objectives and general principles of this Regulation, Union assistance shall be implemented through the geographic and thematic programmes set out in Articles 5 to 16 and the programmes set out in Articles 17 and 17a.’; |
| --- | --- |

(1)

Article 4 is replaced by the following:

‘Article 4

Implementation of Union assistance

Consistent with the overall purpose and scope, objectives and general principles of this Regulation, Union assistance shall be implemented through the geographic and thematic programmes set out in Articles 5 to 16 and the programmes set out in Articles 17 and 17a.’;

| (2) | The following Article is inserted:
  ‘Article 17a


  Main ACP banana-supplying countries

  1.   ACP banana-supplying countries listed in Annex IIIa shall benefit from banana accompanying measures. Union assistance shall aim at supporting their adjustment process following liberalisation of the Union market for bananas in the framework of the WTO. Union assistance shall in particular be used to combat poverty by improving the living standards and conditions of farmers and persons concerned, where relevant small entities, including by means of compliance with labour and safety standards, as well as with environmental standards, including the use of and exposure to pesticides. Union assistance shall take into account the countries' policies and adaptation strategies, as well as their regional environment (in terms of proximity to outermost regions of the Union and overseas countries and territories) and shall pay specific attention to the following areas of cooperation:






  (a) | enhancing the competitiveness of the banana export sector, where this is sustainable, taking into account the situation of different stakeholders in the chain; |
| --- | --- | --- |

(2)

The following Article is inserted:

‘Article 17a

Main ACP banana-supplying countries

1.   ACP banana-supplying countries listed in Annex IIIa shall benefit from banana accompanying measures. Union assistance shall aim at supporting their adjustment process following liberalisation of the Union market for bananas in the framework of the WTO. Union assistance shall in particular be used to combat poverty by improving the living standards and conditions of farmers and persons concerned, where relevant small entities, including by means of compliance with labour and safety standards, as well as with environmental standards, including the use of and exposure to pesticides. Union assistance shall take into account the countries' policies and adaptation strategies, as well as their regional environment (in terms of proximity to outermost regions of the Union and overseas countries and territories) and shall pay specific attention to the following areas of cooperation:

(a)

enhancing the competitiveness of the banana export sector, where this is sustainable, taking into account the situation of different stakeholders in the chain;

| (b) | promoting the economic diversification of banana-dependent areas, where such a strategy is viable; |
| --- | --- |

(b)

promoting the economic diversification of banana-dependent areas, where such a strategy is viable;

| (c) | addressing broader impacts generated by the adaptation process, possibly related but not restricted to employment and social services, land use and environmental restoration, and macroeconomic stability. |
| --- | --- |

(c)

addressing broader impacts generated by the adaptation process, possibly related but not restricted to employment and social services, land use and environmental restoration, and macroeconomic stability.

2.   Within the amount referred to in Annex IV, the Commission shall fix the maximum amount available to each eligible ACP banana-supplying country referred to in paragraph 1 of this Article on the basis of the following objective, weighted indicators:

| (a) | trade in bananas with the Union; |
| --- | --- |

(a)

trade in bananas with the Union;

| (b) | the importance of banana exports to the economy in the ACP country concerned, along with the country's level of development. |
| --- | --- |

(b)

the importance of banana exports to the economy in the ACP country concerned, along with the country's level of development.

The measurement of the allocation criteria shall be based on representative data preceding 2010 and covering a period not longer than five years, and on a Commission study assessing the impact on the ACP countries of the agreement reached within the WTO and the bilateral and regional agreements concluded, or in the process of being concluded, between the Union and Latin American countries, which are the leading exporters of bananas.

3.   The Commission shall adopt multi-annual support strategies by analogy to Article 19, and in accordance with Article 21. It shall ensure that such strategies complement the geographic strategy papers of the countries concerned, and the temporary nature of these banana accompanying measures.

The multi-annual support strategies for banana accompanying measures shall include:

| (a) | an updated environmental profile paying due attention to the country's banana sector, inter alia focusing on pesticides; |
| --- | --- |

(a)

an updated environmental profile paying due attention to the country's banana sector, inter alia focusing on pesticides;

| (b) | information on the achievements of past banana support programmes; |
| --- | --- |

(b)

information on the achievements of past banana support programmes;

| (c) | indicators to assess progress in relation to disbursement conditions, when budget support will be chosen as the form of financing; |
| --- | --- |

(c)

indicators to assess progress in relation to disbursement conditions, when budget support will be chosen as the form of financing;

| (d) | the expected results of the assistance; |
| --- | --- |

(d)

the expected results of the assistance;

| (e) | a time schedule of support activities and of expected disbursements for each recipient country; |
| --- | --- |

(e)

a time schedule of support activities and of expected disbursements for each recipient country;

| (f) | the ways in which progress will be achieved and monitored in meeting internationally agreed ILO core labour standards and appropriate occupational safety and health conventions as well as relevant internationally agreed core environmental standards. |
| --- | --- |

(f)

the ways in which progress will be achieved and monitored in meeting internationally agreed ILO core labour standards and appropriate occupational safety and health conventions as well as relevant internationally agreed core environmental standards.

By 18 months before the expiry date, the banana accompanying measures programme and the progress made by the countries concerned shall be the subject of an assessment, which shall include recommendations on any measures to be taken and the nature thereof.’;

| (3) | Article 21 is replaced by the following:
  ‘Article 21


  Adoption of strategy papers and multiannual indicative programmes

  Strategy papers and multi-annual indicative programmes referred to in Articles 19 and 20, and any reviews thereof referred to in Article 19(2) and Article 20(1), as well as accompanying measures referred to in Articles 17 and 17a respectively, shall be adopted by the Commission
  by means of delegated acts
  in accordance with
  Article 35, and subject to the conditions laid down in Articles 35a and 35b
  .’; |
| --- | --- |

(3)

Article 21 is replaced by the following:

‘Article 21

Adoption of strategy papers and multiannual indicative programmes

Strategy papers and multi-annual indicative programmes referred to in Articles 19 and 20, and any reviews thereof referred to in Article 19(2) and Article 20(1), as well as accompanying measures referred to in Articles 17 and 17a respectively, shall be adopted by the Commission
  by means of delegated acts
  in accordance with
  Article 35, and subject to the conditions laid down in Articles 35a and 35b
  .’;

| (3a) | Article 22(3) is replaced by the following:




  ‘3.
     
  The annual action programmes shall be adopted by the Commission taking into account the opinions of the European Parliament and of the Council.’; |
| --- | --- |

(3a)

Article 22(3) is replaced by the following:

‘3.
     
  The annual action programmes shall be adopted by the Commission taking into account the opinions of the European Parliament and of the Council.’;

| (3b) | In Article 23, paragraphs 3 and 4 are replaced by the following:




  ‘3.
     
  Where the cost of such measures exceeds EUR 10 million, the Commission shall adopt them taking into account the opinions of the European Parliament and of the Council. For special measures below EUR 10 million, the Commission shall send the measures to the European Parliament and to the Council for information within one month of adopting its decision.




  4.
     
  Amendments to special measures, such as those making technical adjustments, extending the implementation period, reassigning funds within the forecast budget, or increasing or reducing the size of the budget by less than 20 % of the initial budget, provided those amendments do not affect the initial objectives set out in the Commission decision, shall be communicated within one month to the European Parliament and to the Council.’; |
| --- | --- |

(3b)

In Article 23, paragraphs 3 and 4 are replaced by the following:

‘3.
     
  Where the cost of such measures exceeds EUR 10 million, the Commission shall adopt them taking into account the opinions of the European Parliament and of the Council. For special measures below EUR 10 million, the Commission shall send the measures to the European Parliament and to the Council for information within one month of adopting its decision.

4.
     
  Amendments to special measures, such as those making technical adjustments, extending the implementation period, reassigning funds within the forecast budget, or increasing or reducing the size of the budget by less than 20 % of the initial budget, provided those amendments do not affect the initial objectives set out in the Commission decision, shall be communicated within one month to the European Parliament and to the Council.’;

| (4) | Article 25(2) is replaced by the following:
  ‘2.   Union assistance shall not in principle be used for paying taxes, duties or charges in beneficiary countries.’; |
| --- | --- |

(4)

Article 25(2) is replaced by the following:

‘2.   Union assistance shall not in principle be used for paying taxes, duties or charges in beneficiary countries.’;

| (5) | Article 29(1) is replaced by the following:
  ‘1.   Budget commitments shall be made on the basis of decisions taken by the Commission in accordance with Articles 17a(3), 22(1), 23(1) and 26(1).’; |
| --- | --- |

(5)

Article 29(1) is replaced by the following:

‘1.   Budget commitments shall be made on the basis of decisions taken by the Commission in accordance with Articles 17a(3), 22(1), 23(1) and 26(1).’;

| (6) | In Article 31(1), the third subparagraph is replaced by the following:
  ‘Participation in the award of procurement or grant contracts financed under a thematic programme as defined in Articles 11 to 16, and the programmes set out in Articles 17 and 17a, shall be open to all natural persons who are nationals of, or legal persons who are established in, a developing country, as specified by the OECD/DAC and in Annex II, in addition to natural or legal persons eligible by virtue of the thematic programme or the programmes set out in Articles 17 and 17a. The Commission shall publish and update Annex II in accordance with regular reviews of the list of aid recipients of the OECD/DAC, and inform the Council thereof.’; |
| --- | --- |

(6)

In Article 31(1), the third subparagraph is replaced by the following:

‘Participation in the award of procurement or grant contracts financed under a thematic programme as defined in Articles 11 to 16, and the programmes set out in Articles 17 and 17a, shall be open to all natural persons who are nationals of, or legal persons who are established in, a developing country, as specified by the OECD/DAC and in Annex II, in addition to natural or legal persons eligible by virtue of the thematic programme or the programmes set out in Articles 17 and 17a. The Commission shall publish and update Annex II in accordance with regular reviews of the list of aid recipients of the OECD/DAC, and inform the Council thereof.’;

| (6a) | Article 33(2) is replaced by the following:




  ‘2.
     
  The Commission shall send its evaluation reports to the European Parliament and to the Council for information. The results shall feed back into programme design and resource allocation.’; |
| --- | --- |

(6a)

Article 33(2) is replaced by the following:

‘2.
     
  The Commission shall send its evaluation reports to the European Parliament and to the Council for information. The results shall feed back into programme design and resource allocation.’;

| (6b) | Article 35 is replaced by the following:



  ‘Article 35


  Exercise of the delegation



  1.
     
  The power to adopt the delegated acts referred to in Article 17(2) and Articles 17a and 21 shall be conferred on the Commission for the period of application of this Regulation.




  2.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.




  3.
     
  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 35a and 35b.



  Article 35a


  Revocation of the delegation



  1.
     
  The delegation of power referred to in Article 17(2) and Articles 17a and 21 may be revoked at any time by the European Parliament or by the Council.




  2.
     
  The institution which has commenced an internal procedure for deciding whether to revoke a delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation.




  3.
     
  The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.



  Article 35b


  Objections to delegated acts



  1.
     
  The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification.




  At the initiative of the European Parliament or the Council that period shall be extended by two months.




  2.
     
  If, on the expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.




  The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.




  3.
     
  If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.’; |
| --- | --- |

(6b)

Article 35 is replaced by the following:

‘Article 35

Exercise of the delegation

1.
     
  The power to adopt the delegated acts referred to in Article 17(2) and Articles 17a and 21 shall be conferred on the Commission for the period of application of this Regulation.

2.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3.
     
  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 35a and 35b.

Article 35a

Revocation of the delegation

1.
     
  The delegation of power referred to in Article 17(2) and Articles 17a and 21 may be revoked at any time by the European Parliament or by the Council.

2.
     
  The institution which has commenced an internal procedure for deciding whether to revoke a delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation.

3.
     
  The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

Article 35b

Objections to delegated acts

1.
     
  The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification.

At the initiative of the European Parliament or the Council that period shall be extended by two months.

2.
     
  If, on the expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3.
     
  If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.’;

| (7) | In Article 38, paragraphs 1 and 2 are replaced by the following:
  ‘1.   The financial reference amount for the implementation of this Regulation over the period 2007-2013 is EUR 17 087 million.
  2.   The indicative amounts allocated to each programme referred to in Articles 5 to 10, 11 to 16 and 17 to 17a are laid down in Annex IV. These amounts are established for the period 2007-2013.’; |
| --- | --- |

(7)

In Article 38, paragraphs 1 and 2 are replaced by the following:

‘1.   The financial reference amount for the implementation of this Regulation over the period 2007-2013 is EUR 17 087 million.

2.   The indicative amounts allocated to each programme referred to in Articles 5 to 10, 11 to 16 and 17 to 17a are laid down in Annex IV. These amounts are established for the period 2007-2013.’;

| (8) | Annex IIIa, as contained in Annex I to this Regulation, is inserted; |
| --- | --- |

(8)

Annex IIIa, as contained in Annex I to this Regulation, is inserted;

| (9) | Annex IV is replaced by the contents of Annex II to this Regulation. |
| --- | --- |

(9)

Annex IV is replaced by the contents of Annex II to this Regulation.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at

For the European Parliament

The President

For the Council

The President

---

(1)  Position of the European Parliament of 21 October 2010 (not yet published in the Official Journal) and position of the Council at first reading of 10 December 2010 (OJ C 7 E, 12.1.2011, p. 17). Position of the European Parliament of 3 February 2011.

1

(2)  OJ L 378, 27.12.2006, p. 41.

2

(3)  OJ L 286, 5.11.1994, p. 1.

3

(4)  OJ L 108, 27.4.1999, p. 2.

4

(5)  OJ L 190, 23.7.1999, p. 14.

5

(6)  OJ L 141, 9.6.2010, p. 3.

6

---

Thursday 3 February 2011ANNEX I

‘ANNEX IIIa

Main ACP banana-supplying countries

| 1. | Belize |
| --- | --- |

1.

Belize

| 2. | Cameroon |
| --- | --- |

2.

Cameroon

| 3. | Côte d'Ivoire |
| --- | --- |

3.

Côte d'Ivoire

| 4. | Dominica |
| --- | --- |

4.

Dominica

| 5. | Dominican Republic |
| --- | --- |

5.

Dominican Republic

| 6. | Ghana |
| --- | --- |

6.

Ghana

| 7. | Jamaica |
| --- | --- |

7.

Jamaica

| 8. | Saint Lucia |
| --- | --- |

8.

Saint Lucia

| 9. | Saint Vincent and the Grenadines |
| --- | --- |

9.

Saint Vincent and the Grenadines

| 10. | Suriname’ |
| --- | --- |

10.

Suriname’

---

Thursday 3 February 2011ANNEX II

‘ANNEX IV

Indicative financial allocations for the period 2007-2013 (in EUR million)

| Total | 17 087 |
| --- | --- |
| Geographic programmes: | 10 057 |
| Latin America | 2 690 |
| Asia | 5 187 |
| Central Asia | 719 |
| Middle East | 481 |
| South Africa | 980 |
| Thematic programmes: | 5 596 |
| Investing in people | 1 060 |
| Environment and sustainable management of natural resources | 804 |
| Non-State actors and local authorities in development | 1 639 |
| Food security | 1 709 |
| Migration and asylum | 384 |
| ACP Sugar Protocol countries | 1 244 |
| Main ACP banana-supplying countries | 190’ |

Total

17 087

Geographic programmes:

10 057

Latin America

2 690

Asia

5 187

Central Asia

719

Middle East

481

South Africa

980

Thematic programmes:

5 596

Investing in people

1 060

Environment and sustainable management of natural resources

804

Non-State actors and local authorities in development

1 639

Food security

1 709

Migration and asylum

384

ACP Sugar Protocol countries

1 244

Main ACP banana-supplying countries

190’

---

| 22.6.2012 | EN | Official Journal of the European Union | CE 182/28 |
| --- | --- | --- | --- |

22.6.2012

EN

Official Journal of the European Union

CE 182/28

---

Thursday 3 February 2011Establishment of a financing instrument for the promotion of democracy and human rights worldwide (amendment of Regulation (EC) No 1889/2006) ***II

P7_TA(2011)0031

European Parliament legislative resolution of 3 February 2011 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 (EC) No 1889/2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide (16446/1/2010 – C7-0427/2010 – 2009/0060B(COD))

2012/C 182 E/08

(Ordinary legislative procedure: second reading)

The European Parliament,

| — | having regard to the Council position at first reading (16446/1/2010 – C7-0427/2010), |
| --- | --- |

—

having regard to the Council position at first reading (16446/1/2010 – C7-0427/2010),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2009)0194), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2009)0194),

| — | 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 Rule 66 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 66 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Foreign Affairs (A7-0014/2011), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Foreign Affairs (A7-0014/2011),

| 1. | Adopts its position at second reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at second reading hereinafter set out;

| 2. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  Texts adopted of 21.10.2010, P7_TA(2010)0380.

---

Thursday 3 February 2011P7_TC2-COD(2009)0060B

Position of the European Parliament adopted at second reading on 3 February 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Regulation (EC) No 1889/2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 209(1) and Article 212 thereof,

Having regard to the proposal from the European Commission,

Acting in accordance with the ordinary legislative procedure (1),

Whereas:

| (1) | A new framework for planning and delivering assistance was established in 2006 in order to make the Community's external assistance more effective and transparent. It contains Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (2), Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument (3), Council Regulation (EC) No 1934/2006 of 21 December 2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories (4), Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 establishing an Instrument for Stability (5), Council Regulation (Euratom) No 300/2007 of 19 February 2007 establishing an Instrument for Nuclear Safety Cooperation (6), Regulation (EC) No 1889/2006 (7), and Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (8). |
| --- | --- |

(1)

A new framework for planning and delivering assistance was established in 2006 in order to make the Community's external assistance more effective and transparent. It contains Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (2), Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument (3), Council Regulation (EC) No 1934/2006 of 21 December 2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories (4), Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 establishing an Instrument for Stability (5), Council Regulation (Euratom) No 300/2007 of 19 February 2007 establishing an Instrument for Nuclear Safety Cooperation (6), Regulation (EC) No 1889/2006 (7), and Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (8).

| (2) | In implementing those Regulations inconsistencies have emerged regarding exceptions to the principle of non-eligibility for Union financing of costs related to taxes, duties and other charges. It is therefore proposed to amend the relevant provisions of Regulation (EC) No 1889/2006 in order to align it with the other instruments. |
| --- | --- |

(2)

In implementing those Regulations inconsistencies have emerged regarding exceptions to the principle of non-eligibility for Union financing of costs related to taxes, duties and other charges. It is therefore proposed to amend the relevant provisions of Regulation (EC) No 1889/2006 in order to align it with the other instruments.

| (3) | This Regulation does not go beyond what is necessary in order to achieve the objective pursued, in accordance with Article 5(4) of the Treaty on European Union. |
| --- | --- |

(3)

This Regulation does not go beyond what is necessary in order to achieve the objective pursued, in accordance with Article 5(4) of the Treaty on European Union.

| (3a) | The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of strategy papers, as those strategy papers supplement Regulation (EC) No 1889/2006 and are of general application. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. |
| --- | --- |

(3a)

The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of strategy papers, as those strategy papers supplement Regulation (EC) No 1889/2006 and are of general application. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

| (4) | Regulation (EC) No 1889/2006 should therefore be amended accordingly, |
| --- | --- |

(4)

Regulation (EC) No 1889/2006 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1889/2006 is hereby amended as follows:

| (-1) | Article 5(3) is replaced by the following:




  ‘3.
     
  Strategy papers, and any revisions or extensions thereof, shall be adopted by the Commission by means of delegated acts in accordance with Article 17, and subject to the conditions laid down in Articles 17a and 17b.’; |
| --- | --- |

(-1)

Article 5(3) is replaced by the following:

‘3.
     
  Strategy papers, and any revisions or extensions thereof, shall be adopted by the Commission by means of delegated acts in accordance with Article 17, and subject to the conditions laid down in Articles 17a and 17b.’;

| (-1a) | Article 6(3) is replaced by the following:




  ‘3.
     
  Annual Action Programmes, and any revisions or extensions thereof, shall be adopted by the Commission taking into account the opinions of the European Parliament and of the Council.’; |
| --- | --- |

(-1a)

Article 6(3) is replaced by the following:

‘3.
     
  Annual Action Programmes, and any revisions or extensions thereof, shall be adopted by the Commission taking into account the opinions of the European Parliament and of the Council.’;

| (-1b) | in Article 7, paragraphs 3 and 4 are replaced by the following:




  ‘3.
     
  Where the cost of such measures is equal to or exceeds EUR 3 000 000, the Commission shall adopt them taking into account the opinions of the European Parliament and of the Council.




  4.
     
  For Special Measures costing below EUR 3 000 000, the Commission shall send the measures to the European Parliament and to the Council for information within 10 working days of adopting its decision.’; |
| --- | --- |

(-1b)

in Article 7, paragraphs 3 and 4 are replaced by the following:

‘3.
     
  Where the cost of such measures is equal to or exceeds EUR 3 000 000, the Commission shall adopt them taking into account the opinions of the European Parliament and of the Council.

4.
     
  For Special Measures costing below EUR 3 000 000, the Commission shall send the measures to the European Parliament and to the Council for information within 10 working days of adopting its decision.’;

| (-1c) | Article 9(2) is replaced by the following:




  ‘2.
     
  The Commission shall regularly inform the European Parliament and the Council of the ad hoc measures carried out.’; |
| --- | --- |

(-1c)

Article 9(2) is replaced by the following:

‘2.
     
  The Commission shall regularly inform the European Parliament and the Council of the ad hoc measures carried out.’;

| (1) | Article 13(6) is replaced by the following:
  ‘6.   Union assistance shall not in principle be used for paying taxes, duties or charges in beneficiary countries.’

  ; |
| --- | --- |

(1)

Article 13(6) is replaced by the following:

‘6.   Union assistance shall not in principle be used for paying taxes, duties or charges in beneficiary countries.’

| (1a) | Article 16(2) is replaced by the following:




  ‘2.
     
  The Commission shall send its evaluation reports to the European Parliament and to the Council for information. The results shall feed back into programme design and resource allocation.’; |
| --- | --- |

(1a)

Article 16(2) is replaced by the following:

‘2.
     
  The Commission shall send its evaluation reports to the European Parliament and to the Council for information. The results shall feed back into programme design and resource allocation.’;

| (1b) | Article 17 is replaced by the following:



  ‘Article 17


  Exercise of the delegation



  1.
     
  The power to adopt delegated acts as referred to in Article 5(3) shall be conferred on the Commission for the period of application of this Regulation.




  2.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.




  3.
     
  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 17a and 17b.



  Article 17a


  Revocation of the delegation



  1.
     
  The delegation of power referred to in Article 5 may be revoked at any time by the European Parliament or by the Council.




  2.
     
  The institution which has commenced an internal procedure for deciding whether to revoke a delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation.




  3.
     
  The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.



  Article 17b


  Objections to delegated acts



  1.
     
  The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification.




  At the initiative of the European Parliament or the Council that period shall be extended by two months.




  2.
     
  If, on the expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.




  The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.




  3.
     
  If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.’. |
| --- | --- |

(1b)

Article 17 is replaced by the following:

‘Article 17

Exercise of the delegation

1.
     
  The power to adopt delegated acts as referred to in Article 5(3) shall be conferred on the Commission for the period of application of this Regulation.

2.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3.
     
  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 17a and 17b.

Article 17a

Revocation of the delegation

1.
     
  The delegation of power referred to in Article 5 may be revoked at any time by the European Parliament or by the Council.

2.
     
  The institution which has commenced an internal procedure for deciding whether to revoke a delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation.

3.
     
  The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

Article 17b

Objections to delegated acts

1.
     
  The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification.

At the initiative of the European Parliament or the Council that period shall be extended by two months.

2.
     
  If, on the expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3.
     
  If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.’.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  Position of the European Parliament of 21 October 2010 (not yet published in the Official Journal) and position of the Council at first reading of 10 December 2010 (OJ C 7 E, 12.1.2011, p. 14). Position of the European Parliament of 3 February 2011.

1

(2)  OJ L 210, 31.7.2006, p. 82.

2

(3)  OJ L 310, 9.11.2006, p. 1.

3

(4)  OJ L 405, 30.12.2006, p. 41.

4

(5)  OJ L 327, 24.11.2006, p. 1.

5

(6)  OJ L 81, 22.3.2007, p. 1.

6

(7)  OJ L 386, 29.12.2006, p. 1.

7

(8)  OJ L 378, 27.12.2006, p. 41.

8

---

| 22.6.2012 | EN | Official Journal of the European Union | CE 182/32 |
| --- | --- | --- | --- |

22.6.2012

EN

Official Journal of the European Union

CE 182/32

---

Thursday 3 February 2011Financing instrument for development cooperation (amendment of Regulation (EC) No 1905/2006) ***II

P7_TA(2011)0032

European Parliament legislative resolution of 3 February 2011 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 (EC) No 1905/2006 establishing a financing instrument for development cooperation (16442/1/2010 – C7-0426/2010 – 2009/0060A(COD))

2012/C 182 E/09

(Ordinary legislative procedure: second reading)

The European Parliament,

| — | having regard to the Council position at first reading (16442/1/2010 – C7-0426/2010), |
| --- | --- |

—

having regard to the Council position at first reading (16442/1/2010 – C7-0426/2010),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2009)0194), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2009)0194),

| — | 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 Rule 66 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 66 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Development (A7-0006/2011), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Development (A7-0006/2011),

| 1. | Adopts its position at second reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at second reading hereinafter set out;

| 2. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  Texts adopted of 21.10.2010, P7_TA(2010)0379.

---

Thursday 3 February 2011P7_TC2-COD(2009)0060A

Position of the European Parliament adopted at second reading on 3 February 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Regulation (EC) No 1905/2006 establishing a financing instrument for development cooperation

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 209(1) thereof,

Having regard to the proposal from the European Commission,

Acting in accordance with the ordinary legislative procedure (1),

Whereas:

| (1) | A new framework for planning and delivering assistance was established in 2006 in order to make the Community’s external assistance more effective and transparent. It contains Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (2), Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument (3), Council Regulation (EC) No 1934/2006 of 21 December 2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories (4), Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 establishing an Instrument for Stability (5), Council Regulation (Euratom) No 300/2007 of 19 February 2007 establishing an Instrument for Nuclear Safety Cooperation (6), Regulation (EC) No 1889/2006 of the European Parliament and of the Council of 20 December 2006 establishing a financing instrument for the promotion of democracy and human rights worldwide (7), and Regulation (EC) No 1905/2006 (8). |
| --- | --- |

(1)

A new framework for planning and delivering assistance was established in 2006 in order to make the Community’s external assistance more effective and transparent. It contains Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (2), Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument (3), Council Regulation (EC) No 1934/2006 of 21 December 2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories (4), Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 establishing an Instrument for Stability (5), Council Regulation (Euratom) No 300/2007 of 19 February 2007 establishing an Instrument for Nuclear Safety Cooperation (6), Regulation (EC) No 1889/2006 of the European Parliament and of the Council of 20 December 2006 establishing a financing instrument for the promotion of democracy and human rights worldwide (7), and Regulation (EC) No 1905/2006 (8).

| (2) | In implementing Regulation (EC) No 1905/2006 inconsistencies have emerged regarding exceptions to the principle of non-eligibility for Union financing of costs related to taxes, duties and other charges. It is therefore proposed to amend the relevant provisions of that Regulation in order to align it with the other instruments. |
| --- | --- |

(2)

In implementing Regulation (EC) No 1905/2006 inconsistencies have emerged regarding exceptions to the principle of non-eligibility for Union financing of costs related to taxes, duties and other charges. It is therefore proposed to amend the relevant provisions of that Regulation in order to align it with the other instruments.

| (2a) | The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of Geographic Strategy Papers, Multi-annual Indicative Programmes and Strategy Papers for thematic programmes, as they supplement Regulation (EC) No 1905/2006 and are of general application. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. |
| --- | --- |

(2a)

The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of Geographic Strategy Papers, Multi-annual Indicative Programmes and Strategy Papers for thematic programmes, as they supplement Regulation (EC) No 1905/2006 and are of general application. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

| (3) | This Regulation does not go beyond what is necessary in order to achieve the objective pursued, in accordance with Article 5(4) of the Treaty on European Union. |
| --- | --- |

(3)

This Regulation does not go beyond what is necessary in order to achieve the objective pursued, in accordance with Article 5(4) of the Treaty on European Union.

| (4) | Regulation (EC) No 1905/2006 should therefore be amended accordingly, |
| --- | --- |

(4)

Regulation (EC) No 1905/2006 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1905/2006 is hereby amended as follows:

| (-1) | In Article 17(2), the second subparagraph is replaced by the following:




  ‘Further instructions regarding the allocation of the overall amount among beneficiaries shall be defined by the Commission by means of delegated acts in accordance with Article 35, and subject to the conditions laid down in Articles 35a and 35b.’; |
| --- | --- |

(-1)

In Article 17(2), the second subparagraph is replaced by the following:

‘Further instructions regarding the allocation of the overall amount among beneficiaries shall be defined by the Commission by means of delegated acts in accordance with Article 35, and subject to the conditions laid down in Articles 35a and 35b.’;

| (-1a) | Article 21 is replaced by the following:



  ‘Article 21


  Adoption of strategy papers and multiannual indicative programmes



  Strategy papers and multiannual indicative programmes referred to in Articles 19 and 20, and any reviews thereof referred to in Article 19(2) and Article 20(1), as well as accompanying measures referred to in Article 17, shall be adopted by the Commission by means of delegated acts in accordance with Article 35, and subject to the conditions laid down in Articles 35a and 35b.’; |
| --- | --- |

(-1a)

Article 21 is replaced by the following:

‘Article 21

Adoption of strategy papers and multiannual indicative programmes

Strategy papers and multiannual indicative programmes referred to in Articles 19 and 20, and any reviews thereof referred to in Article 19(2) and Article 20(1), as well as accompanying measures referred to in Article 17, shall be adopted by the Commission by means of delegated acts in accordance with Article 35, and subject to the conditions laid down in Articles 35a and 35b.’;

| (-1b) | Article 22(3) is replaced by the following:




  ‘3.
     
  The annual action programmes shall be adopted by the Commission taking into account the opinions of the European Parliament and of the Council.’; |
| --- | --- |

(-1b)

Article 22(3) is replaced by the following:

‘3.
     
  The annual action programmes shall be adopted by the Commission taking into account the opinions of the European Parliament and of the Council.’;

| (-1c) | In Article 23, paragraphs 3 and 4 are replaced by the following:




  ‘3.
     
  Where the cost of such measures exceeds EUR 10 million, the Commission shall adopt them taking into account the opinions of the European Parliament and of the Council. For special measures below EUR 10 million, the Commission shall send the measures to the European Parliament and to the Council for information within one month of adopting its decision.




  4.
     
  Amendments to special measures, such as those making technical adjustments, extending the implementation period, reassigning funds within the forecast budget, or increasing or reducing the size of the budget by less than 20 % of the initial budget, provided those amendments do not affect the initial objectives set out in the Commission decision, shall be communicated within one month to the European Parliament and to the Council.’; |
| --- | --- |

(-1c)

In Article 23, paragraphs 3 and 4 are replaced by the following:

‘3.
     
  Where the cost of such measures exceeds EUR 10 million, the Commission shall adopt them taking into account the opinions of the European Parliament and of the Council. For special measures below EUR 10 million, the Commission shall send the measures to the European Parliament and to the Council for information within one month of adopting its decision.

4.
     
  Amendments to special measures, such as those making technical adjustments, extending the implementation period, reassigning funds within the forecast budget, or increasing or reducing the size of the budget by less than 20 % of the initial budget, provided those amendments do not affect the initial objectives set out in the Commission decision, shall be communicated within one month to the European Parliament and to the Council.’;

| (1) | Article 25(2) is replaced by the following:
  ‘2.   Union assistance shall not in principle be used for paying taxes, duties or charges in beneficiary countries.’. |
| --- | --- |

(1)

Article 25(2) is replaced by the following:

‘2.   Union assistance shall not in principle be used for paying taxes, duties or charges in beneficiary countries.’.

| (1a) | In Article 33, paragraphs 1 and 2 are replaced by the following:




  ‘1.
     
  The Commission shall regularly monitor and review its programmes, and evaluate the results of the implementation of geographical and thematic policies and programmes, and of sectoral policies and the effectiveness of programming, where appropriate by means of independent external evaluations, in order to ascertain whether the objectives have been met and enable it to formulate recommendations with a view to improving future operations. Proposals by the European Parliament, the national parliaments or the Council for independent external evaluations shall be taken into due account. Particular attention shall be given to social sectors and to progress made towards achieving the MDGs.




  2.
     
  The Commission shall send its evaluation reports to the European Parliament and to the Council for information. The results shall feed back into programme design and resource allocation.’; |
| --- | --- |

(1a)

In Article 33, paragraphs 1 and 2 are replaced by the following:

‘1.
     
  The Commission shall regularly monitor and review its programmes, and evaluate the results of the implementation of geographical and thematic policies and programmes, and of sectoral policies and the effectiveness of programming, where appropriate by means of independent external evaluations, in order to ascertain whether the objectives have been met and enable it to formulate recommendations with a view to improving future operations. Proposals by the European Parliament, the national parliaments or the Council for independent external evaluations shall be taken into due account. Particular attention shall be given to social sectors and to progress made towards achieving the MDGs.

2.
     
  The Commission shall send its evaluation reports to the European Parliament and to the Council for information. The results shall feed back into programme design and resource allocation.’;

| (1b) | Article 34(1) is replaced by the following:




  ‘1.
     
  The Commission shall examine the progress made in implementing the measures taken under this Regulation and shall submit to the European Parliament and the Council an annual report on the implementation and the results and, as far as possible, on the main outcomes and impacts of the assistance. This report shall also be submitted to the national parliaments, to the European Economic and Social Committee and to the Committee of the Regions.’; |
| --- | --- |

(1b)

Article 34(1) is replaced by the following:

‘1.
     
  The Commission shall examine the progress made in implementing the measures taken under this Regulation and shall submit to the European Parliament and the Council an annual report on the implementation and the results and, as far as possible, on the main outcomes and impacts of the assistance. This report shall also be submitted to the national parliaments, to the European Economic and Social Committee and to the Committee of the Regions.’;

| (1c) | Article 35 is replaced by the following:



  ‘Article 35


  Exercise of the delegation



  1.
     
  The power to adopt the delegated acts referred to in Article 17(2) and Article 21 shall be conferred on the Commission for the period of application of this Regulation.




  2.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.




  3.
     
  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 35a and 35b.



  Article 35a


  Revocation of the delegation



  1.
     
  The delegation of power referred to in Article 17(2) and Article 21 may be revoked at any time by the European Parliament or by the Council.




  2.
     
  The institution which has commenced an internal procedure for deciding whether to revoke a delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation.




  3.
     
  The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.



  Article 35b


  Objections to delegated acts



  1.
     
  The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification.




  At the initiative of the European Parliament or the Council that period shall be extended by two months.




  2.
     
  If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.




  The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.




  3.
     
  If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.’. |
| --- | --- |

(1c)

Article 35 is replaced by the following:

‘Article 35

Exercise of the delegation

1.
     
  The power to adopt the delegated acts referred to in Article 17(2) and Article 21 shall be conferred on the Commission for the period of application of this Regulation.

2.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3.
     
  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 35a and 35b.

Article 35a

Revocation of the delegation

1.
     
  The delegation of power referred to in Article 17(2) and Article 21 may be revoked at any time by the European Parliament or by the Council.

2.
     
  The institution which has commenced an internal procedure for deciding whether to revoke a delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation.

3.
     
  The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

Article 35b

Objections to delegated acts

1.
     
  The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification.

At the initiative of the European Parliament or the Council that period shall be extended by two months.

2.
     
  If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3.
     
  If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.’.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at

For the European Parliament

The President

For the Council

The President

---

(1)  Position of the European Parliament of 21 October 2010 (not yet published in the Official Journal) and position of the Council at first reading of 10 December 2010 (OJ C 7 E, 12.1.2011, p. 11). Position of the European Parliament of 3 February 2011.

1

(2)  OJ L 210, 31.7.2006, p. 82.

2

(3)  OJ L 310, 9.11.2006, p. 1.

3

(4)  OJ L 405, 30.12.2006, p. 41.

4

(5)  OJ L 327, 24.11.2006, p. 1.

5

(6)  OJ L 81, 22.3.2007, p. 1.

6

(7)  OJ L 386, 29.12.2006, p. 1.

7

(8)  OJ L 378, 27.12.2006, p. 41.

8

---

| 22.6.2012 | EN | Official Journal of the European Union | CE 182/36 |
| --- | --- | --- | --- |

22.6.2012

EN

Official Journal of the European Union

CE 182/36

---

Thursday 3 February 2011Establishment of a financing instrument for cooperation with industrialised countries (amendment of Regulation (EC) No 1934/2006) ***II

P7_TA(2011)0033

European Parliament legislative resolution of 3 February 2011 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 Council Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories (16440/1/2010 – C7-0425/2010 – 2009/0059(COD))

2012/C 182 E/10

(Ordinary legislative procedure: second reading)

The European Parliament,

| — | having regard to the Council position at first reading (16440/1/2010 – C7-0425/2010), |
| --- | --- |

—

having regard to the Council position at first reading (16440/1/2010 – C7-0425/2010),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2009)0197), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2009)0197),

| — | 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 Rule 66 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 66 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on International Trade (A7-0005/2011), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on International Trade (A7-0005/2011),

| 1. | Adopts its position at second reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at second reading hereinafter set out;

| 2. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  Texts adopted, 21.10.2010, P7_TA(2010)0381.

---

Thursday 3 February 2011P7_TC2-COD(2009)0059

Position of the European Parliament adopted at second reading on 3 February 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Council Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 207(2) and 209(1) thereof,

Having regard to the proposal from the European Commission,

Acting in accordance with the ordinary legislative procedure (1),

Whereas:

| (1) | Since 2007 the Community has streamlined its geographical cooperation with developing countries in Asia, Central Asia, and Latin America and with Iraq, Iran, Yemen, and South Africa under Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (2). |
| --- | --- |

(1)

Since 2007 the Community has streamlined its geographical cooperation with developing countries in Asia, Central Asia, and Latin America and with Iraq, Iran, Yemen, and South Africa under Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (2).

| (2) | The primary and overarching objective of Regulation (EC) No 1905/2006 is the eradication of poverty through the pursuit of the Millennium Development Goals. The scope of cooperation for the geographic programmes with developing countries, territories and regions established under that Regulation is furthermore limited materially to financing measures designed to fulfil the criteria for Official Development Assistance (‘ODA criteria’) established by the Development Assistance Committee of the Organisation for Economic Cooperation and Development (‘OECD/DAC’). |
| --- | --- |

(2)

The primary and overarching objective of Regulation (EC) No 1905/2006 is the eradication of poverty through the pursuit of the Millennium Development Goals. The scope of cooperation for the geographic programmes with developing countries, territories and regions established under that Regulation is furthermore limited materially to financing measures designed to fulfil the criteria for Official Development Assistance (‘ODA criteria’) established by the Development Assistance Committee of the Organisation for Economic Cooperation and Development (‘OECD/DAC’).

| (3) | It is in the Union's interests to further deepen its relations with the developing countries concerned, which are important bilateral partners and players in multilateral fora and in global governance. The Union has a strategic interest in promoting diversified links with those countries, in particular in areas such as economic, commercial, academic, business and scientific exchanges. It therefore needs a financial instrument that allows the financing of such measures which, in principle, do not qualify as ODA under the ODA criteria but which are crucially important in terms of consolidating relations and which make an important contribution to promoting the progress of the developing countries concerned. |
| --- | --- |

(3)

It is in the Union's interests to further deepen its relations with the developing countries concerned, which are important bilateral partners and players in multilateral fora and in global governance. The Union has a strategic interest in promoting diversified links with those countries, in particular in areas such as economic, commercial, academic, business and scientific exchanges. It therefore needs a financial instrument that allows the financing of such measures which, in principle, do not qualify as ODA under the ODA criteria but which are crucially important in terms of consolidating relations and which make an important contribution to promoting the progress of the developing countries concerned.

| (4) | For that purpose, four Preparatory Actions were set up in the 2007 and 2008 budget procedures to initiate such enhanced cooperation in accordance with point (b) of Article 49(6) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3). Those four Preparatory Actions are: business and scientific exchanges with India; business and scientific exchanges with China; cooperation with middle-income group countries in Asia; and cooperation with middle-income group countries in Latin America. Under that Article the legislative procedure further to Preparatory Actions must be concluded before the end of the third financial year. |
| --- | --- |

(4)

For that purpose, four Preparatory Actions were set up in the 2007 and 2008 budget procedures to initiate such enhanced cooperation in accordance with point (b) of Article 49(6) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3). Those four Preparatory Actions are: business and scientific exchanges with India; business and scientific exchanges with China; cooperation with middle-income group countries in Asia; and cooperation with middle-income group countries in Latin America. Under that Article the legislative procedure further to Preparatory Actions must be concluded before the end of the third financial year.

| (5) | The objectives and provisions of Regulation (EC) No 1934/2006 (4) are appropriate to pursue such enhanced cooperation with countries falling under Regulation (EC) No 1905/2006. For that purpose, it is necessary to extend the geographical scope of Regulation (EC) No 1934/2006 and to provide for a financial envelope to cover cooperation with those developing countries. |
| --- | --- |

(5)

The objectives and provisions of Regulation (EC) No 1934/2006 (4) are appropriate to pursue such enhanced cooperation with countries falling under Regulation (EC) No 1905/2006. For that purpose, it is necessary to extend the geographical scope of Regulation (EC) No 1934/2006 and to provide for a financial envelope to cover cooperation with those developing countries.

| (6) | Extending the geographical scope of Regulation (EC) No 1934/2006 brings the developing countries concerned within the scope of two different external action financial instruments. Care should be taken to ensure that these two financial instruments are kept strictly separate from each other. Measures which fulfil the ODA criteria will be financed under Regulation (EC) No 1905/2006, whereas Regulation (EC) No 1934/2006 will apply exclusively to measures which, in principle, do not fulfil those criteria. It is also necessary to ensure that the countries previously falling within the scope of Regulation (EC) No 1934/2006 - industrialised and other high-income countries and territories - are not placed at a disadvantage, particularly in financial terms, by the extension of that Regulation's geographical scope. |
| --- | --- |

(6)

Extending the geographical scope of Regulation (EC) No 1934/2006 brings the developing countries concerned within the scope of two different external action financial instruments. Care should be taken to ensure that these two financial instruments are kept strictly separate from each other. Measures which fulfil the ODA criteria will be financed under Regulation (EC) No 1905/2006, whereas Regulation (EC) No 1934/2006 will apply exclusively to measures which, in principle, do not fulfil those criteria. It is also necessary to ensure that the countries previously falling within the scope of Regulation (EC) No 1934/2006 - industrialised and other high-income countries and territories - are not placed at a disadvantage, particularly in financial terms, by the extension of that Regulation's geographical scope.

| (7) | Since the economic crisis has placed budgets under extreme strain throughout the Union and the proposed extension embraces countries which sometimes demonstrate a similar level of competitiveness to that of the Union and have attained an average standard of living which approaches that of some Member States, the Union's cooperation should take into consideration efforts made by the recipient countries to comply with the International Labour Organisation international agreements and to participate in the general objectives of greenhouse gas emissions reduction. |
| --- | --- |

(7)

Since the economic crisis has placed budgets under extreme strain throughout the Union and the proposed extension embraces countries which sometimes demonstrate a similar level of competitiveness to that of the Union and have attained an average standard of living which approaches that of some Member States, the Union's cooperation should take into consideration efforts made by the recipient countries to comply with the International Labour Organisation international agreements and to participate in the general objectives of greenhouse gas emissions reduction.

| (8) | The review of implementation of the external action financial instruments has identified inconsistencies in the provisions that exclude costs relating to taxes, duties or other charges as ineligible. For the sake of consistency, it is proposed to bring those provisions into line with the other instruments. |
| --- | --- |

(8)

The review of implementation of the external action financial instruments has identified inconsistencies in the provisions that exclude costs relating to taxes, duties or other charges as ineligible. For the sake of consistency, it is proposed to bring those provisions into line with the other instruments.

| (8a) | The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of multiannual cooperation programmes, as these programmes supplement Regulation (EC) No 1934/2006 and are of general application. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. |
| --- | --- |

(8a)

The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of multiannual cooperation programmes, as these programmes supplement Regulation (EC) No 1934/2006 and are of general application. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

| (9) | Regulation (EC) No 1934/2006 should therefore be amended accordingly, |
| --- | --- |

(9)

Regulation (EC) No 1934/2006 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 1934/2006

Regulation (EC) No 1934/2006 is hereby amended as follows:

| (1) | the title of the Regulation is replaced by the following: |
| --- | --- |

(1)

the title of the Regulation is replaced by the following:

| (2) | Articles 1 to 4 are replaced by the following:

  ‘Article 1


  Objective

  1.   For the purpose of this Regulation, “industrialised and other high-income countries and territories” shall comprise countries and territories listed in Annex I to this Regulation and “developing countries” shall comprise countries falling under Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (5) and listed in Annex II to this Regulation. They are together hereinafter referred to as “partner countries”.
  Union financing under this Regulation shall support economic, financial, technical, cultural and academic cooperation with partner countries in the areas set out in Article 4, falling within its spheres of competence. This Regulation shall serve to finance measures which, in principle, do not fulfil the criteria for Official Development Assistance (“ODA criteria”) established by the Development Assistance Committee of the Organisation for Economic Cooperation and Development (“OECD/DAC”).
  2.   The primary objective of cooperation with partner countries shall be to provide a specific response to the need to strengthen links and to engage further with them on a bilateral, regional or multilateral basis in order to create a more favourable and transparent environment for the development of relations between the Union and partner countries in accordance with the principles guiding the Union's external action as laid down in the Treaty. This refers amongst others to the promotion of democracy, respect for human rights and fundamental freedoms, the rule of law, as well as decent work, good governance, and the preservation of the environment, in order to contribute to progress and sustainable development processes in the partner countries.

  Article 2


  Scope

  1.   Cooperation shall be aimed at engaging with partner countries in order to enhance dialogue and rapprochement and to share and promote similar political, economic and institutional structures and values. The Union shall also aim at increasing cooperation and exchanges with established or increasingly important bilateral partners and players in multilateral fora and in global governance. The cooperation also covers partners with which the Union has a strategic interest in promoting links and its values as laid down in the Treaty.
  2.   In duly justified circumstances and in order to ensure the coherence and effectiveness of Union financing and to foster regional cooperation, the Commission may decide when adopting annual action programmes referred to in Article 6 that countries not listed in the Annexes are eligible for measures under this Regulation, where the project or programme to be implemented is of a regional or cross-border nature. Provisions shall be made for this in the multiannual cooperation programmes referred to in Article 5.
  3.   The Commission shall amend the lists in Annexes I and II following the regular OECD/DAC reviews of its list of developing countries, and shall inform the European Parliament and the Council thereof.
  4.   For Union financing under this Regulation, particular attention shall be paid where appropriate to the compliance of the partner countries with the core labour standards of the International Labour Organisation and to their efforts to pursue reductions of greenhouse gas emissions.
  5.   In relation to countries listed in Annex II to this Regulation, policy coherence with measures financed under Regulation (EC) No 1905/2006 and Regulation (EC) No 1337/2008 of the European Parliament and of the Council of 16 December 2008 establishing a facility for rapid response to soaring food prices in developing countries (6) shall be strictly observed.

  Article 3


  General principles

  1.   The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law and seeks to promote, develop and consolidate commitment to those principles in partner countries through dialogue and cooperation.
  2.   In the implementation of this Regulation a differentiated approach in designing cooperation with partner countries shall be pursued, where appropriate, to take account of their economic, social and political contexts as well as of the Union's specific interests, strategies and priorities.
  3.   Measures financed under this Regulation shall be consistent with and cover areas of cooperation set out notably in the instruments, agreements, declarations and action plans between the Union and the partner countries, as well as areas pertaining to the Union's specific interests and priorities.
  4.   For measures financed under this Regulation, the Union shall aim to ensure coherence with other areas of its external action as well as with other relevant Union policies, in particular development cooperation. This shall be ensured by formulating policy, strategic planning and the programming and implementation of measures.
  5.   Measures financed under this Regulation shall complement and bring added value to the efforts undertaken by Member States and Union public bodies in the area of commercial relations and cultural, academic and scientific exchanges.
  6.   The Commission shall inform and have regular exchanges of views with the European Parliament.

  Article 4


  Areas of cooperation

  Union financing shall support cooperation actions in accordance with Article 1 and shall be consistent with the overall purpose, scope, objectives and general principles of this Regulation. Union financing shall cover actions that, in principle, do not fulfil the ODA criteria, and which may include a regional dimension, in the following areas of cooperation:






  (1) | the promotion of cooperation, partnerships and joint undertakings between economic, social, cultural, academic and scientific actors in the Union and partner countries; |
| --- | --- | --- |

(2)

Articles 1 to 4 are replaced by the following:

‘Article 1

Objective

1.   For the purpose of this Regulation, “industrialised and other high-income countries and territories” shall comprise countries and territories listed in Annex I to this Regulation and “developing countries” shall comprise countries falling under Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (5) and listed in Annex II to this Regulation. They are together hereinafter referred to as “partner countries”.

Union financing under this Regulation shall support economic, financial, technical, cultural and academic cooperation with partner countries in the areas set out in Article 4, falling within its spheres of competence. This Regulation shall serve to finance measures which, in principle, do not fulfil the criteria for Official Development Assistance (“ODA criteria”) established by the Development Assistance Committee of the Organisation for Economic Cooperation and Development (“OECD/DAC”).

2.   The primary objective of cooperation with partner countries shall be to provide a specific response to the need to strengthen links and to engage further with them on a bilateral, regional or multilateral basis in order to create a more favourable and transparent environment for the development of relations between the Union and partner countries in accordance with the principles guiding the Union's external action as laid down in the Treaty. This refers amongst others to the promotion of democracy, respect for human rights and fundamental freedoms, the rule of law, as well as decent work, good governance, and the preservation of the environment, in order to contribute to progress and sustainable development processes in the partner countries.

Article 2

Scope

1.   Cooperation shall be aimed at engaging with partner countries in order to enhance dialogue and rapprochement and to share and promote similar political, economic and institutional structures and values. The Union shall also aim at increasing cooperation and exchanges with established or increasingly important bilateral partners and players in multilateral fora and in global governance. The cooperation also covers partners with which the Union has a strategic interest in promoting links and its values as laid down in the Treaty.

2.   In duly justified circumstances and in order to ensure the coherence and effectiveness of Union financing and to foster regional cooperation, the Commission may decide when adopting annual action programmes referred to in Article 6 that countries not listed in the Annexes are eligible for measures under this Regulation, where the project or programme to be implemented is of a regional or cross-border nature. Provisions shall be made for this in the multiannual cooperation programmes referred to in Article 5.

3.   The Commission shall amend the lists in Annexes I and II following the regular OECD/DAC reviews of its list of developing countries, and shall inform the European Parliament and the Council thereof.

4.   For Union financing under this Regulation, particular attention shall be paid where appropriate to the compliance of the partner countries with the core labour standards of the International Labour Organisation and to their efforts to pursue reductions of greenhouse gas emissions.

5.   In relation to countries listed in Annex II to this Regulation, policy coherence with measures financed under Regulation (EC) No 1905/2006 and Regulation (EC) No 1337/2008 of the European Parliament and of the Council of 16 December 2008 establishing a facility for rapid response to soaring food prices in developing countries (6) shall be strictly observed.

Article 3

General principles

1.   The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law and seeks to promote, develop and consolidate commitment to those principles in partner countries through dialogue and cooperation.

2.   In the implementation of this Regulation a differentiated approach in designing cooperation with partner countries shall be pursued, where appropriate, to take account of their economic, social and political contexts as well as of the Union's specific interests, strategies and priorities.

3.   Measures financed under this Regulation shall be consistent with and cover areas of cooperation set out notably in the instruments, agreements, declarations and action plans between the Union and the partner countries, as well as areas pertaining to the Union's specific interests and priorities.

4.   For measures financed under this Regulation, the Union shall aim to ensure coherence with other areas of its external action as well as with other relevant Union policies, in particular development cooperation. This shall be ensured by formulating policy, strategic planning and the programming and implementation of measures.

5.   Measures financed under this Regulation shall complement and bring added value to the efforts undertaken by Member States and Union public bodies in the area of commercial relations and cultural, academic and scientific exchanges.

6.   The Commission shall inform and have regular exchanges of views with the European Parliament.

Article 4

Areas of cooperation

Union financing shall support cooperation actions in accordance with Article 1 and shall be consistent with the overall purpose, scope, objectives and general principles of this Regulation. Union financing shall cover actions that, in principle, do not fulfil the ODA criteria, and which may include a regional dimension, in the following areas of cooperation:

(1)

the promotion of cooperation, partnerships and joint undertakings between economic, social, cultural, academic and scientific actors in the Union and partner countries;

| (2) | the stimulation of bilateral trade, investment flows and economic partnerships, including a focus on small and medium-sized enterprises; |
| --- | --- |

(2)

the stimulation of bilateral trade, investment flows and economic partnerships, including a focus on small and medium-sized enterprises;

| (3) | the promotion of dialogues between political, economic, social and cultural actors and other non-governmental organisations in relevant sectors in the Union and partner countries; |
| --- | --- |

(3)

the promotion of dialogues between political, economic, social and cultural actors and other non-governmental organisations in relevant sectors in the Union and partner countries;

| (4) | the promotion of people-to-people links, education and training programmes and intellectual exchanges and the enhancement of mutual understanding between cultures, particularly at the family level, including measures to ensure and increase Union participation in Erasmus Mundus and participation in European education fairs; |
| --- | --- |

(4)

the promotion of people-to-people links, education and training programmes and intellectual exchanges and the enhancement of mutual understanding between cultures, particularly at the family level, including measures to ensure and increase Union participation in Erasmus Mundus and participation in European education fairs;

| (5) | the promotion of cooperative projects in areas such as research, science and technology, sports and culture, energy (in particular renewable energy), transport, environmental matters (including climate change), customs, financial, legal and human rights issues, and any other matter of mutual interest between the Union and the partner countries; |
| --- | --- |

(5)

the promotion of cooperative projects in areas such as research, science and technology, sports and culture, energy (in particular renewable energy), transport, environmental matters (including climate change), customs, financial, legal and human rights issues, and any other matter of mutual interest between the Union and the partner countries;

| (6) | the enhancement of awareness about and understanding of the European Union and of its visibility in partner countries; |
| --- | --- |

(6)

the enhancement of awareness about and understanding of the European Union and of its visibility in partner countries;

| (7) | support for specific initiatives, including research work, studies, pilot schemes or joint projects destined to respond in an effective and flexible manner to cooperation objectives arising from developments in the Union's bilateral relationship with the partner countries or aiming to provide impetus to the further deepening and broadening of bilateral relationships with them. |
| --- | --- |

(7)

support for specific initiatives, including research work, studies, pilot schemes or joint projects destined to respond in an effective and flexible manner to cooperation objectives arising from developments in the Union's bilateral relationship with the partner countries or aiming to provide impetus to the further deepening and broadening of bilateral relationships with them.

| (3) | in Article 5,
  paragraphs
  2
  and 3 are
  replaced by the following:
  ‘2.   Multiannual cooperation programmes shall cover no more than the period of validity of this Regulation. They shall set out the Union's specific interests and priorities, the general objectives and the expected results. In particular with regard to Erasmus Mundus, programmes shall aim for the most balanced geographical coverage possible. They shall also set out the areas selected for financing by the Union and outline the indicative financial allocation of funds, overall, per priority area and per partner country or group of partner countries for the period concerned. Where appropriate, this may be given in the form of a range. Multiannual cooperation programmes shall be reviewed at mid-term, or ad hoc if necessary.


  3.
     
  Multiannual cooperation programmes and any reviews thereof shall be adopted by the Commission by means of delegated acts in accordance with Article 14a, and subject to the conditions laid down in Articles 14b and 14c.
  ’; |
| --- | --- |

(3)

in Article 5,
  paragraphs
  2
  and 3 are
  replaced by the following:

‘2.   Multiannual cooperation programmes shall cover no more than the period of validity of this Regulation. They shall set out the Union's specific interests and priorities, the general objectives and the expected results. In particular with regard to Erasmus Mundus, programmes shall aim for the most balanced geographical coverage possible. They shall also set out the areas selected for financing by the Union and outline the indicative financial allocation of funds, overall, per priority area and per partner country or group of partner countries for the period concerned. Where appropriate, this may be given in the form of a range. Multiannual cooperation programmes shall be reviewed at mid-term, or ad hoc if necessary.

3.
     
  Multiannual cooperation programmes and any reviews thereof shall be adopted by the Commission by means of delegated acts in accordance with Article 14a, and subject to the conditions laid down in Articles 14b and 14c.
  ’;

| (4) | ▐ Article 6
  is amended as follows:










  (a) | paragraph 1 is replaced by the following:
  ‘1.   The Commission shall adopt annual action programmes based on the multiannual cooperation programmes referred to in Article 5 and shall transmit them simultaneously to the European Parliament and to the Council.’; |
| --- | --- | --- |

(4)

▐ Article 6
  is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   The Commission shall adopt annual action programmes based on the multiannual cooperation programmes referred to in Article 5 and shall transmit them simultaneously to the European Parliament and to the Council.’;

| (b) | paragraph 3 is replaced by the following:




  ‘3.
     
  Annual action programmes shall be adopted by the Commission taking into account the opinions of the European Parliament and of the Council. This procedure needs not be used for amendments to action programmes, such as those making technical adjustments, extending the implementation period, reassigning funds between the planned operations within the forecast budget, or increasing or reducing the size of the budget by less than 20 % of the initial budget, provided these amendments are consistent with the initial objectives set out in the action programmes.’; |
| --- | --- |

(b)

paragraph 3 is replaced by the following:

‘3.
     
  Annual action programmes shall be adopted by the Commission taking into account the opinions of the European Parliament and of the Council. This procedure needs not be used for amendments to action programmes, such as those making technical adjustments, extending the implementation period, reassigning funds between the planned operations within the forecast budget, or increasing or reducing the size of the budget by less than 20 % of the initial budget, provided these amendments are consistent with the initial objectives set out in the action programmes.’;

| (5) | Article 7 is amended as follows:






  (a) | the first paragraph becomes paragraph 1; |
| --- | --- | --- |

(5)

Article 7 is amended as follows:

(a)

the first paragraph becomes paragraph 1;

| (b) | points (e) and (f) of paragraph 1 are replaced by the following:






  ‘(e) | joint bodies set up by the partner countries and regions and the Union; |
| --- | --- | --- |

(b)

points (e) and (f) of paragraph 1 are replaced by the following:

‘(e)

joint bodies set up by the partner countries and regions and the Union;

| (f) | Union institutions and bodies, in so far as they implement support measures specified in Article 9;’; |
| --- | --- |

(f)

Union institutions and bodies, in so far as they implement support measures specified in Article 9;’;

| (c) | the following paragraphs are added:
  ‘2.   Measures covered by Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (7), Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 establishing an Instrument for Stability (8) or Regulation (EC) No 1905/2006, and eligible for funding thereunder shall not be funded under this Regulation.
  3.   Union financing under this Regulation shall not be used to finance the procurement of arms or ammunition, nor operations having military or defence implications. |
| --- | --- |

(c)

the following paragraphs are added:

‘2.   Measures covered by Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (7), Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 establishing an Instrument for Stability (8) or Regulation (EC) No 1905/2006, and eligible for funding thereunder shall not be funded under this Regulation.

3.   Union financing under this Regulation shall not be used to finance the procurement of arms or ammunition, nor operations having military or defence implications.

| (6) | in Article 8, paragraph 3 is replaced by the following:
  ‘3.   Union financing shall, in principle, not be used for paying taxes, duties or charges in the partner countries.’; |
| --- | --- |

(6)

in Article 8, paragraph 3 is replaced by the following:

‘3.   Union financing shall, in principle, not be used for paying taxes, duties or charges in the partner countries.’;

| (7) | Article 9 is amended as follows:






  (a) | paragraph 1 is replaced by the following:
  ‘1.   Union financing may cover expenditure associated with the preparation, follow up, monitoring, audit and evaluation activities directly necessary for the implementation of this Regulation and the achievement of its objectives, and any other administrative or technical assistance expenditure that the Commission, including its Delegations in the partner countries, may incur for the management of operations financed under this Regulation.’; |
| --- | --- | --- |

(7)

Article 9 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Union financing may cover expenditure associated with the preparation, follow up, monitoring, audit and evaluation activities directly necessary for the implementation of this Regulation and the achievement of its objectives, and any other administrative or technical assistance expenditure that the Commission, including its Delegations in the partner countries, may incur for the management of operations financed under this Regulation.’;

| (b) | paragraph 3 is replaced by the following:
  ‘3.   The Commission shall adopt support measures not covered by the multi annual cooperation programmes and shall transmit them simultaneously to the European Parliament and to the Council.’; |
| --- | --- |

(b)

paragraph 3 is replaced by the following:

‘3.   The Commission shall adopt support measures not covered by the multi annual cooperation programmes and shall transmit them simultaneously to the European Parliament and to the Council.’;

| (8) | Article 12 is amended as follows:






  (a) | the title is replaced by the following:

  ‘Protecting the Union's financial interests’; |
| --- | --- | --- |

(8)

Article 12 is amended as follows:

(a)

the title is replaced by the following:

‘Protecting the Union's financial interests’;

| (b) | paragraphs 1 and 2 are replaced by the following:
  ‘1.   Any agreements resulting from this Regulation shall contain provisions ensuring the protection of the Union's financial interests, in particular with respect to irregularities, fraud, corruption and any other illegal activity, in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (9) and (Euratom, EC) No 2185/96 of 11 November 1996 concerning on the spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (10) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (11).
  2.   Agreements shall expressly entitle the Commission and the Court of Auditors to perform audits, including document audits or on-the-spot audits of any contractor or subcontractor who has received Union funds. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections in accordance with Regulation (Euratom, EC) No 2185/96. |
| --- | --- |

(b)

paragraphs 1 and 2 are replaced by the following:

‘1.   Any agreements resulting from this Regulation shall contain provisions ensuring the protection of the Union's financial interests, in particular with respect to irregularities, fraud, corruption and any other illegal activity, in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (9) and (Euratom, EC) No 2185/96 of 11 November 1996 concerning on the spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (10) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (11).

2.   Agreements shall expressly entitle the Commission and the Court of Auditors to perform audits, including document audits or on-the-spot audits of any contractor or subcontractor who has received Union funds. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections in accordance with Regulation (Euratom, EC) No 2185/96.

| (9) | Articles 13 and 14 are replaced by the following:

  ‘Article 13


  Evaluation

  1.   The Commission shall regularly evaluate the actions and programmes financed under this Regulation, where appropriate or at the request of the European Parliament or the Council, by means of independent external evaluations, in order to ascertain whether the objectives have been met and to enable it to formulate recommendations with a view to improving future operations. The results shall feed back into programme design and resource allocation.
  2.   The Commission shall send the evaluation reports referred to in paragraph 1 to the European Parliament and to the
  Council
  for information.
  3.   The Commission shall associate relevant stakeholders, including non-State actors, in the evaluation phase of the Union cooperation provided for under this Regulation.

  Article 14


  Annual report

  The Commission shall examine the progress made on implementing the measures taken under this Regulation and shall submit to the European Parliament and the Council a detailed annual report on the implementation of this Regulation. The report shall set out the results of implementation of the budget and present all the actions and programmes financed, and as far as possible, set out the main outcomes and impacts of the cooperation actions and programmes.’; |
| --- | --- |

(9)

Articles 13 and 14 are replaced by the following:

‘Article 13

Evaluation

1.   The Commission shall regularly evaluate the actions and programmes financed under this Regulation, where appropriate or at the request of the European Parliament or the Council, by means of independent external evaluations, in order to ascertain whether the objectives have been met and to enable it to formulate recommendations with a view to improving future operations. The results shall feed back into programme design and resource allocation.

2.   The Commission shall send the evaluation reports referred to in paragraph 1 to the European Parliament and to the
  Council
  for information.

3.   The Commission shall associate relevant stakeholders, including non-State actors, in the evaluation phase of the Union cooperation provided for under this Regulation.

Article 14

Annual report

The Commission shall examine the progress made on implementing the measures taken under this Regulation and shall submit to the European Parliament and the Council a detailed annual report on the implementation of this Regulation. The report shall set out the results of implementation of the budget and present all the actions and programmes financed, and as far as possible, set out the main outcomes and impacts of the cooperation actions and programmes.’;

| (9a) | the following Articles are inserted:



  ‘Article 14a


  Exercise of the delegation



  1.
     
  The power to adopt delegated acts referred to in Article 5 shall be conferred on the Commission for the period of application of this Regulation.




  2.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.




  3.
     
  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 14b and 14c.



  Article 14b


  Revocation of the delegation



  1.
     
  The delegation of power referred to in Article 5 may be revoked at any time by the European Parliament or by the Council.




  2.
     
  The institution which has commenced an internal procedure for deciding whether to revoke a delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation.




  3.
     
  The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.



  Article 14c


  Objections to delegated acts



  1.
     
  The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification.




  At the initiative of the European Parliament or the Council this period shall be extended by two months.




  2.
     
  If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.




  The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.




  3.
     
  If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.’; |
| --- | --- |

(9a)

the following Articles are inserted:

‘Article 14a

Exercise of the delegation

1.
     
  The power to adopt delegated acts referred to in Article 5 shall be conferred on the Commission for the period of application of this Regulation.

2.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3.
     
  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 14b and 14c.

Article 14b

Revocation of the delegation

1.
     
  The delegation of power referred to in Article 5 may be revoked at any time by the European Parliament or by the Council.

2.
     
  The institution which has commenced an internal procedure for deciding whether to revoke a delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation.

3.
     
  The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

Article 14c

Objections to delegated acts

1.
     
  The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification.

At the initiative of the European Parliament or the Council this period shall be extended by two months.

2.
     
  If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3.
     
  If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.’;

| (9b) | Article 15 is deleted; |
| --- | --- |

(9b)

Article 15 is deleted;

| (10) | Article 16 is replaced by the following:

  ‘Article 16


  Financial provisions

  The financial reference amount for the implementation of this Regulation for the period from 2007 to 2013 shall be EUR 172 million for countries listed in Annex I and EUR 176 million for countries listed in Annex II.
  The annual appropriations for the period 2010-2013 will be decided by the budgetary authority as part of the annual budget procedure. The Commission shall provide the budgetary authority with detailed information on all budget lines and
  the annual appropriations
  to be used for financing the measures under this Regulation. Those appropriations
  shall be authorised by the budgetary authority within the limits of the financial framework.
  Care shall also be taken to ensure that the industrialised and other high-income countries and territories listed in Annex I are not placed at a disadvantage by the application of this Regulation to the partner countries listed in Annex II.




  Appropriations programmed for use under Regulation (EC) No 1905/2006 shall not be used for this purpose.
  ’; |
| --- | --- |

(10)

Article 16 is replaced by the following:

‘Article 16

Financial provisions

The financial reference amount for the implementation of this Regulation for the period from 2007 to 2013 shall be EUR 172 million for countries listed in Annex I and EUR 176 million for countries listed in Annex II.
  The annual appropriations for the period 2010-2013 will be decided by the budgetary authority as part of the annual budget procedure. The Commission shall provide the budgetary authority with detailed information on all budget lines and
  the annual appropriations
  to be used for financing the measures under this Regulation. Those appropriations
  shall be authorised by the budgetary authority within the limits of the financial framework.
  Care shall also be taken to ensure that the industrialised and other high-income countries and territories listed in Annex I are not placed at a disadvantage by the application of this Regulation to the partner countries listed in Annex II.

Appropriations programmed for use under Regulation (EC) No 1905/2006 shall not be used for this purpose.
  ’;

| (11) | in the Annex, the title is replaced by the following: |
| --- | --- |

(11)

in the Annex, the title is replaced by the following:

| (12) | a new Annex II, the text of which is set out in the Annex to this Regulation, is added. |
| --- | --- |

(12)

a new Annex II, the text of which is set out in the Annex to this Regulation, is added.

Article 2

Entry into force

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  Position of the European Parliament of 21 October 2010 (not yet published in the Official Journal) and position of the Council at first reading of 10 December 2010 (OJ C 7 E, 12.1.2011, p. 1). Position of the European Parliament of 3 February 2011.

1

(2)  OJ L 378, 27.12.2006, p. 41.

2

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

3

(4)  OJ L 405, 30.12.2006, p. 41.

4

(5)  OJ L 378, 27.12.2006, p. 41.

5

(6)  OJ L 354, 31.12.2008, p. 62.’;

6

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

7

(8)  OJ L 327, 24.11.2006, p. 1.’;

8

(9)  OJ L 312, 23.12.1995, p. 1.

9

(10)  OJ L 292, 15.11.1996, p. 2.

10

(11)  OJ L 136, 31.5.1999, p. 1.’;

11

---

Thursday 3 February 2011ANNEX

‘ANNEX II

List of developing countries covered by this Regulation

Latin America

| 1. | Argentina |
| --- | --- |

1.

Argentina

| 2. | Bolivia |
| --- | --- |

2.

Bolivia

| 3. | Brazil |
| --- | --- |

3.

Brazil

| 4. | Chile |
| --- | --- |

4.

Chile

| 5. | Colombia |
| --- | --- |

5.

Colombia

| 6. | Costa Rica |
| --- | --- |

6.

Costa Rica

| 7. | Cuba |
| --- | --- |

7.

Cuba

| 8. | Ecuador |
| --- | --- |

8.

Ecuador

| 9. | El Salvador |
| --- | --- |

9.

El Salvador

| 10. | Guatemala |
| --- | --- |

10.

Guatemala

| 11. | Honduras |
| --- | --- |

11.

Honduras

| 12. | Mexico |
| --- | --- |

12.

Mexico

| 13. | Nicaragua |
| --- | --- |

13.

Nicaragua

| 14. | Panama |
| --- | --- |

14.

Panama

| 15. | Paraguay |
| --- | --- |

15.

Paraguay

| 16. | Peru |
| --- | --- |

16.

Peru

| 17. | Uruguay |
| --- | --- |

17.

Uruguay

| 18. | Venezuela |
| --- | --- |

18.

Venezuela

Asia

| 19. | Afghanistan |
| --- | --- |

19.

Afghanistan

| 20. | Bangladesh |
| --- | --- |

20.

Bangladesh

| 21. | Bhutan |
| --- | --- |

21.

Bhutan

| 22. | Burma/Myanmar |
| --- | --- |

22.

Burma/Myanmar

| 23. | Cambodia |
| --- | --- |

23.

Cambodia

| 24. | China |
| --- | --- |

24.

China

| 25. | India |
| --- | --- |

25.

India

| 26. | Indonesia |
| --- | --- |

26.

Indonesia

| 27. | Democratic People's Republic of Korea |
| --- | --- |

27.

Democratic People's Republic of Korea

| 28. | Laos |
| --- | --- |

28.

Laos

| 29. | Malaysia |
| --- | --- |

29.

Malaysia

| 30. | Maldives |
| --- | --- |

30.

Maldives

| 31. | Mongolia |
| --- | --- |

31.

Mongolia

| 32. | Nepal |
| --- | --- |

32.

Nepal

| 33. | Pakistan |
| --- | --- |

33.

Pakistan

| 34. | Philippines |
| --- | --- |

34.

Philippines

| 35. | Sri Lanka |
| --- | --- |

35.

Sri Lanka

| 36. | Thailand |
| --- | --- |

36.

Thailand

| 37. | Vietnam |
| --- | --- |

37.

Vietnam

Central Asia

| 38. | Kazakhstan |
| --- | --- |

38.

Kazakhstan

| 39. | Kyrgyz Republic |
| --- | --- |

39.

Kyrgyz Republic

| 40. | Tajikistan |
| --- | --- |

40.

Tajikistan

| 41. | Turkmenistan |
| --- | --- |

41.

Turkmenistan

| 42. | Uzbekistan |
| --- | --- |

42.

Uzbekistan

Middle East

| 43. | Iran |
| --- | --- |

43.

Iran

| 44. | Iraq |
| --- | --- |

44.

Iraq

| 45. | Yemen |
| --- | --- |

45.

Yemen

South Africa

| 46. | South Africa’ |
| --- | --- |

46.

South Africa’

---

| 22.6.2012 | EN | Official Journal of the European Union | CE 182/47 |
| --- | --- | --- | --- |

22.6.2012

EN

Official Journal of the European Union

CE 182/47

---

Thursday 3 February 2011Agreements on trade in bananas ***

P7_TA(2011)0035

European Parliament legislative resolution of 3 February 2011 on the draft Council decision on the conclusion of a Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of an Agreement on Trade in Bananas between the European Union and the United States of America (07782/2010 – C7-0148/2010 – 2010/0057(NLE))

2012/C 182 E/11

(Consent)

The European Parliament,

| — | having regard to the draft Council decision (07782/2010), |
| --- | --- |

—

having regard to the draft Council decision (07782/2010),

| — | having regard to the draft Geneva Agreement on Trade in Bananas (07968/2010) and the draft Agreement on trade in bananas between the European Union and the United States of America (07970/2010), |
| --- | --- |

—

having regard to the draft Geneva Agreement on Trade in Bananas (07968/2010) and the draft Agreement on trade in bananas between the European Union and the United States of America (07970/2010),

| — | having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C7-0148/2010), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C7-0148/2010),

| — | having regard to Rules 81 and 90(8) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(8) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Development (A7-0002/2011), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Development (A7-0002/2011),

| 1. | Consents to conclusion of the agreements; |
| --- | --- |

1.

Consents to conclusion of the agreements;

| 2. | Instructs its President to forward its position to the Council, the Commission, and the governments and parliaments of the Member States and of Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and the United States of America. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission, and the governments and parliaments of the Member States and of Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and the United States of America.

---

| 22.6.2012 | EN | Official Journal of the European Union | CE 182/48 |
| --- | --- | --- | --- |

22.6.2012

EN

Official Journal of the European Union

CE 182/48

---

Thursday 3 February 2011Repeal of Council Regulation (EC) No 1964/2005 on the tariff rates for bananas ***I

P7_TA(2011)0036

European Parliament legislative resolution of 3 February 2011 on the proposal for a regulation of the European Parliament and of the Council repealing Council Regulation (EC) No 1964/2005 on the tariff rates for bananas (COM(2010)0096 – C7-0074/2010 – 2010/0056(COD))

2012/C 182 E/12

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0096), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0096),

| — | having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0074/2010), |
| --- | --- |

—

having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0074/2010),

| — | 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 Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on International Trade (A7-0003/2011), |
| --- | --- |

—

having regard to the report of the Committee on International Trade (A7-0003/2011),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

Thursday 3 February 2011P7_TC1-COD(2010)0056

Position of the European Parliament adopted at first reading on 3 February 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council repealing Council Regulation (EC) No 1964/2005 on the tariff rates for bananas

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 306/2011.)

---

| 22.6.2012 | EN | Official Journal of the European Union | CE 182/49 |
| --- | --- | --- | --- |

22.6.2012

EN

Official Journal of the European Union

CE 182/49

---

Thursday 3 February 2011Waste electrical and electronic equipment ***I

P7_TA(2011)0037

European Parliament legislative resolution of 3 February 2011 on the proposal for a directive of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (recast) (COM(2008)0810 – C6-0472/2008 – 2008/0241(COD))

2012/C 182 E/13

(Ordinary legislative procedure: recast)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2008)0810), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2008)0810),

| — | having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0472/2008), |
| --- | --- |

—

having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0472/2008),

| — | having regard to the Commission Communication to Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665), |
| --- | --- |

—

having regard to the Commission Communication to Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

| — | having regard to Article 294(3) and Article 192(1) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) and Article 192(1) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 11 June 2009 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 11 June 2009 (1),

| — | having regard to the opinion of the Committee of the Regions of 4 December 2009 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 4 December 2009 (2),

| — | having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (3), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (3),

| — | having regard to the letter of 3 April 2009 from the Committee on Legal Affairs to the Committee on the Environment, Public Health and Food Safety in accordance with Rule 87(3) of its Rules of Procedure, |
| --- | --- |

—

having regard to the letter of 3 April 2009 from the Committee on Legal Affairs to the Committee on the Environment, Public Health and Food Safety in accordance with Rule 87(3) of its Rules of Procedure,

| — | having regard to Rules 87 and 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 87 and 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety (A7-0229/2010), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety (A7-0229/2010),

| 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 does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal 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 does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance,

| 1. | Adopts the position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Adopts the position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 306, 16.12.2009, p. 39.

(2)  OJ C 141, 29.5.2010, p. 55.

(3)  OJ C 77, 28.3.2002, p. 1.

---

Thursday 3 February 2011P7_TC1-COD(2008)0241

Position of the European Parliament adopted at first reading on 3 February 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | A number of substantial changes are to be made to Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (4). In the interests of clarity, that Directive should be recast. |
| --- | --- |

(1)

A number of substantial changes are to be made to Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (4). In the interests of clarity, that Directive should be recast.

| (2) | The objectives of the Union’s environment policy are, in particular, to preserve, protect and improve the quality of the environment, protect human health and utilise natural resources prudently and rationally. That policy is based on the precautionary principle and the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. |
| --- | --- |

(2)

The objectives of the Union’s environment policy are, in particular, to preserve, protect and improve the quality of the environment, protect human health and utilise natural resources prudently and rationally. That policy is based on the precautionary principle and the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.

| (3) | The Community programme of policy and action in relation to the environment and sustainable development (Fifth Environmental Action Programme) (5) states that the achievement of sustainable development calls for significant changes in current patterns of development, production, consumption and behaviour and advocates, inter alia, the reduction of wasteful consumption of natural resources and the prevention of pollution. It mentions waste electrical and electronic equipment (WEEE) as one of the target areas to be regulated, in view of the application of the principles of prevention, recovery and safe disposal of waste. |
| --- | --- |

(3)

The Community programme of policy and action in relation to the environment and sustainable development (Fifth Environmental Action Programme) (5) states that the achievement of sustainable development calls for significant changes in current patterns of development, production, consumption and behaviour and advocates, inter alia, the reduction of wasteful consumption of natural resources and the prevention of pollution. It mentions waste electrical and electronic equipment (WEEE) as one of the target areas to be regulated, in view of the application of the principles of prevention, recovery and safe disposal of waste.

| (4) | This Directive supplements the general EU waste management legislation, such as Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste (6). It refers to the definitions of that Directive including the definitions of waste and general waste management operations. The definition of collection according to Directive 2008/98/EC includes the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility. Directive 2009/125/EC of the European Parliament and of the Council (7) establishes a framework for setting ecodesign requirements for energy-related products and enables the adoption of specific eco-design requirements for energy-related products which may also be covered by this Directive. Directive 2009/125/EC and the implementing measures adopted pursuant to it are without prejudice to Union waste management legislation. Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (8) requires the substitution of banned substances for all electrical and electronic equipment (EEE) within its scope. |
| --- | --- |

(4)

This Directive supplements the general EU waste management legislation, such as Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste (6). It refers to the definitions of that Directive including the definitions of waste and general waste management operations. The definition of collection according to Directive 2008/98/EC includes the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility. Directive 2009/125/EC of the European Parliament and of the Council (7) establishes a framework for setting ecodesign requirements for energy-related products and enables the adoption of specific eco-design requirements for energy-related products which may also be covered by this Directive. Directive 2009/125/EC and the implementing measures adopted pursuant to it are without prejudice to Union waste management legislation. Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (8) requires the substitution of banned substances for all electrical and electronic equipment (EEE) within its scope.

| (5) | Directive 2008/98/EC provides that specific rules for particular instances, or supplementing those of that Directive, on the management of particular categories of waste may be laid down by means of individual Directives. |
| --- | --- |

(5)

Directive 2008/98/EC provides that specific rules for particular instances, or supplementing those of that Directive, on the management of particular categories of waste may be laid down by means of individual Directives.

| (6) | As the market continues to expand and innovation cycles become even shorter, the replacement of equipment accelerates, making WEEE a fast growing waste stream. While Directive 2002/95/EC contributes effectively to reducing hazardous substances in new EEE, hazardous substances such as mercury, cadmium, lead, hexavalent chromium and polychlorinated biphenyls (PCBs) and ozone-depleting substances will still be present in WEEE for many years. The content of hazardous components in EEE is a major concern during the waste management phase and recycling of WEEE is not undertaken to a sufficient extent. A lack of recycling would result in the loss of valuable resources. |
| --- | --- |

(6)

As the market continues to expand and innovation cycles become even shorter, the replacement of equipment accelerates, making WEEE a fast growing waste stream. While Directive 2002/95/EC contributes effectively to reducing hazardous substances in new EEE, hazardous substances such as mercury, cadmium, lead, hexavalent chromium and polychlorinated biphenyls (PCBs) and ozone-depleting substances will still be present in WEEE for many years. The content of hazardous components in EEE is a major concern during the waste management phase and recycling of WEEE is not undertaken to a sufficient extent. A lack of recycling would result in the loss of valuable resources.

| (7) | The purpose of this Directive is to contribute to sustainable production and consumption through, as a first priority, the prevention of WEEE, and in addition, through the re-use, recycling and other forms of recovery of WEEE so as to reduce the disposal of waste and contribute to the efficient use of resources
  and the retrieval of strategic raw materials
  . It also seeks to improve the environmental performance of all operators involved in the life cycle of EEE, such as producers, distributors and consumers and in particular those operators directly involved in the collection and treatment of WEEE. In particular, different national applications of the ‘producer responsibility’ principle may lead to substantial disparities in the financial burden on economic operators. Having different national policies on the management of WEEE hampers the effectiveness of recycling policies. For that reason the essential criteria should be laid down at Union level
  and harmonised standards for the collection and handling of WEEE should be developed
  . |
| --- | --- |

(7)

The purpose of this Directive is to contribute to sustainable production and consumption through, as a first priority, the prevention of WEEE, and in addition, through the re-use, recycling and other forms of recovery of WEEE so as to reduce the disposal of waste and contribute to the efficient use of resources
  and the retrieval of strategic raw materials
  . It also seeks to improve the environmental performance of all operators involved in the life cycle of EEE, such as producers, distributors and consumers and in particular those operators directly involved in the collection and treatment of WEEE. In particular, different national applications of the ‘producer responsibility’ principle may lead to substantial disparities in the financial burden on economic operators. Having different national policies on the management of WEEE hampers the effectiveness of recycling policies. For that reason the essential criteria should be laid down at Union level
  and harmonised standards for the collection and handling of WEEE should be developed
  .

| (8) | Since the objectives of the action to be taken cannot be sufficiently achieved by the Member States and can be better achieved at Union level by reason of the scale of the problem, the Union may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(8)

Since the objectives of the action to be taken cannot be sufficiently achieved by the Member States and can be better achieved at Union level by reason of the scale of the problem, the Union may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

| (9) | The provisions of this Directive should apply to products and producers irrespective of the selling technique, including distance and electronic selling. In this connection the obligations of producers and distributors using distance and electronic selling channels should, as far as is practicable, take the same form and should be enforced in the same way in order to avoid other distribution channels having to bear the costs resulting from this Directive concerning WEEE for which the equipment was sold by distance or electronic selling. |
| --- | --- |

(9)

The provisions of this Directive should apply to products and producers irrespective of the selling technique, including distance and electronic selling. In this connection the obligations of producers and distributors using distance and electronic selling channels should, as far as is practicable, take the same form and should be enforced in the same way in order to avoid other distribution channels having to bear the costs resulting from this Directive concerning WEEE for which the equipment was sold by distance or electronic selling.

| (10) | This Directive should cover all EEE used by consumers and EEE intended for professional use. This Directive should apply without prejudice to Union legislation on safety and health requirements protecting all actors in contact with WEEE as well as specific Union waste management legislation, in particular Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators (9), and Union product design legislation, in particular Directive 2005/32/EC.
  Large-scale fixed installations should be excluded from the scope of this Directive because they are permanently installed and operated at a particular location, are assembled and disassembled by specialist personnel and therefore represent a controlled waste stream. Large-scale stationary industrial tools installed for operation at a specific location should also be excluded from the scope of this Directive. Mobile machinery operated exclusively by professional users should likewise be excluded because it too is disassembled and disposed of by specialist personnel and it therefore represents a controlled waste stream. Photovoltaic modules, which are also installed and removed by specialist personnel and are instrumental in achieving renewable-energy targets, thus helping to reduce CO2, should also be excluded. Furthermore, the solar industry has concluded a voluntary environmental agreement with the aim of recycling 85 % of photovoltaic modules. The Commission should assess whether that agreement is achieving at least equivalent results as compared to this Directive and whether it covers all photovoltaic modules placed on the market, and it should, if appropriate, on the basis of a report, submit a proposal to include photovoltaic modules in the scope of the Directive. |
| --- | --- |

(10)

This Directive should cover all EEE used by consumers and EEE intended for professional use. This Directive should apply without prejudice to Union legislation on safety and health requirements protecting all actors in contact with WEEE as well as specific Union waste management legislation, in particular Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators (9), and Union product design legislation, in particular Directive 2005/32/EC.
  Large-scale fixed installations should be excluded from the scope of this Directive because they are permanently installed and operated at a particular location, are assembled and disassembled by specialist personnel and therefore represent a controlled waste stream. Large-scale stationary industrial tools installed for operation at a specific location should also be excluded from the scope of this Directive. Mobile machinery operated exclusively by professional users should likewise be excluded because it too is disassembled and disposed of by specialist personnel and it therefore represents a controlled waste stream. Photovoltaic modules, which are also installed and removed by specialist personnel and are instrumental in achieving renewable-energy targets, thus helping to reduce CO2, should also be excluded. Furthermore, the solar industry has concluded a voluntary environmental agreement with the aim of recycling 85 % of photovoltaic modules. The Commission should assess whether that agreement is achieving at least equivalent results as compared to this Directive and whether it covers all photovoltaic modules placed on the market, and it should, if appropriate, on the basis of a report, submit a proposal to include photovoltaic modules in the scope of the Directive.

| (11) | The establishment, by this Directive, of producer responsibility is one of the means of encouraging the design and production of EEE which take into full account and facilitate their repair, possible upgrading, re-use, disassembly and recycling. |
| --- | --- |

(11)

The establishment, by this Directive, of producer responsibility is one of the means of encouraging the design and production of EEE which take into full account and facilitate their repair, possible upgrading, re-use, disassembly and recycling.

| (12) | In order to guarantee the safety and health of distributors’ personnel involved in the take-back and handling of WEEE, Member States should, in accordance with national and Union legislation on safety and health requirements, determine the conditions under which take-back may be refused by distributors. |
| --- | --- |

(12)

In order to guarantee the safety and health of distributors’ personnel involved in the take-back and handling of WEEE, Member States should, in accordance with national and Union legislation on safety and health requirements, determine the conditions under which take-back may be refused by distributors.

| (13) | Separate collection is a precondition to ensure specific treatment and recycling of WEEE and is necessary to achieve the chosen level of protection of human health and the environment in the Union. Consumers have to actively contribute to the success of such collection and should be encouraged to return WEEE. For this purpose, convenient facilities should be set up for the return of WEEE, including public collection points, where private households should be able to return their waste at least free of charge. Distributors
  , municipalities and recyclers all
  have an important role in contributing to the success of WEEE collection
  and treatment and thus should be subject to the requirements of this Directive. |
| --- | --- |

(13)

Separate collection is a precondition to ensure specific treatment and recycling of WEEE and is necessary to achieve the chosen level of protection of human health and the environment in the Union. Consumers have to actively contribute to the success of such collection and should be encouraged to return WEEE. For this purpose, convenient facilities should be set up for the return of WEEE, including public collection points, where private households should be able to return their waste at least free of charge. Distributors
  , municipalities and recyclers all
  have an important role in contributing to the success of WEEE collection
  and treatment and thus should be subject to the requirements of this Directive.

| (14) | In order to attain the chosen level of protection and harmonised environmental objectives of the Union, Member States should adopt appropriate measures to minimise the disposal of WEEE as unsorted municipal waste and to achieve a high level of separate collection of WEEE. In order to ensure that Member States strive to set up efficient collection schemes, they should be required to achieve a high level of collection of WEEE, particularly for cooling and freezing equipment containing ozone-depleting substances and fluorinated greenhouse gases, given their high environmental impact and in view of obligations contained in Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (10) and Regulation (EC) No 842/2006of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases (11). Data included in the impact assessment show that 65 % of EEE placed on the market is already separately collected today, but more than half of this potentially leaks to improper treatment and illegal exports
  , or is treated properly but the amounts treated were not reported
  . This leads to losses of valuable secondary raw materials, environmental degradation
  and provision of inconsistent data
  . To avoid this, it is necessary to set an ambitious collection target
  , to oblige all actors that collect WEEE to ensure it is treated in an environmentally sound way, and to require such actors to report the volumes collected, handled and treated. It is of fundamental importance that Member States ensure that this Directive is effectively enforced, in particular as regards checks on used EEE shipped out of the Union
  . |
| --- | --- |

(14)

In order to attain the chosen level of protection and harmonised environmental objectives of the Union, Member States should adopt appropriate measures to minimise the disposal of WEEE as unsorted municipal waste and to achieve a high level of separate collection of WEEE. In order to ensure that Member States strive to set up efficient collection schemes, they should be required to achieve a high level of collection of WEEE, particularly for cooling and freezing equipment containing ozone-depleting substances and fluorinated greenhouse gases, given their high environmental impact and in view of obligations contained in Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (10) and Regulation (EC) No 842/2006of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases (11). Data included in the impact assessment show that 65 % of EEE placed on the market is already separately collected today, but more than half of this potentially leaks to improper treatment and illegal exports
  , or is treated properly but the amounts treated were not reported
  . This leads to losses of valuable secondary raw materials, environmental degradation
  and provision of inconsistent data
  . To avoid this, it is necessary to set an ambitious collection target
  , to oblige all actors that collect WEEE to ensure it is treated in an environmentally sound way, and to require such actors to report the volumes collected, handled and treated. It is of fundamental importance that Member States ensure that this Directive is effectively enforced, in particular as regards checks on used EEE shipped out of the Union
  .

| (15) | Specific treatment for WEEE is indispensable in order to avoid the dispersion of pollutants into the recycled material or the waste stream. Such treatment is the most effective means of ensuring compliance with the chosen level of protection of the environment of the Union. Any establishment or undertakings carrying out collection, recycling and treatment operations should comply with minimum standards to prevent negative environmental impacts associated with the treatment of WEEE. Best available treatment, recovery and recycling techniques should be used provided that they ensure human health and high environmental protection. Best available treatment, recovery and recycling techniques may be further defined in accordance with the procedures of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (12). |
| --- | --- |

(15)

Specific treatment for WEEE is indispensable in order to avoid the dispersion of pollutants into the recycled material or the waste stream. Such treatment is the most effective means of ensuring compliance with the chosen level of protection of the environment of the Union. Any establishment or undertakings carrying out collection, recycling and treatment operations should comply with minimum standards to prevent negative environmental impacts associated with the treatment of WEEE. Best available treatment, recovery and recycling techniques should be used provided that they ensure human health and high environmental protection. Best available treatment, recovery and recycling techniques may be further defined in accordance with the procedures of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (12).

| (16) | The Scientific Committee on Emerging and Newly Identified Health Risks, in its opinion on ‘Risk Assessment of Products of Nanotechnology’ of 19 January 2009, stated that exposure to nanomaterials that are firmly embedded in large structures, for example in electronic circuits, may occur in the waste phase and during recycling. To control possible risks to human health and the environment from the treatment of WEEE containing nanomaterials, selective treatment may be necessary. It is appropriate for the Commission to assess whether selective treatment should be applied to relevant nanomaterials. |
| --- | --- |

(16)

The Scientific Committee on Emerging and Newly Identified Health Risks, in its opinion on ‘Risk Assessment of Products of Nanotechnology’ of 19 January 2009, stated that exposure to nanomaterials that are firmly embedded in large structures, for example in electronic circuits, may occur in the waste phase and during recycling. To control possible risks to human health and the environment from the treatment of WEEE containing nanomaterials, selective treatment may be necessary. It is appropriate for the Commission to assess whether selective treatment should be applied to relevant nanomaterials.

| (17) | Where appropriate, priority should be given to the re-use of WEEE and its components, subassemblies and consumables. Where re-use is not preferable, all WEEE collected separately should be sent for recovery, in the course of which a high level of recycling and recovery should be achieved. In addition, producers should be encouraged to integrate recycled material in new equipment. |
| --- | --- |

(17)

Where appropriate, priority should be given to the re-use of WEEE and its components, subassemblies and consumables. Where re-use is not preferable, all WEEE collected separately should be sent for recovery, in the course of which a high level of recycling and recovery should be achieved. In addition, producers should be encouraged to integrate recycled material in new equipment.

| (18) | The recovery, preparation for re-use and recycling of equipment may count towards achievement of the targets laid down in this Directive only if that recovery or preparation for re-use or recycling does not conflict with other Union and national legislation applicable to the equipment.
  Ensuring proper recovery and preparation for re-use and recycling of equipment is important for sound resource management and will optimise the resources supply. |
| --- | --- |

(18)

The recovery, preparation for re-use and recycling of equipment may count towards achievement of the targets laid down in this Directive only if that recovery or preparation for re-use or recycling does not conflict with other Union and national legislation applicable to the equipment.
  Ensuring proper recovery and preparation for re-use and recycling of equipment is important for sound resource management and will optimise the resources supply.

| (19) | Basic principles with regard to the financing of WEEE management have to be set at Union level and financing schemes have to contribute to high collection rates as well as to the implementation of the principle of producer responsibility. |
| --- | --- |

(19)

Basic principles with regard to the financing of WEEE management have to be set at Union level and financing schemes have to contribute to high collection rates as well as to the implementation of the principle of producer responsibility.

| (20) | Users of EEE from private households should have the possibility of returning WEEE at least free of charge. Producers should
  therefore
  finance ▐ collection from collection facilities, and the treatment, recovery and disposal of WEEE. Member States should encourage
  all stakeholders handling
  WEEE
  to help achieve the objective of this Directive
  in order to avoid leakage of separately collected WEEE to sub-optimal treatment and illegal exports.
  In order that
  payment for the collection of this waste
  be shifted
  from general tax payers to the consumers of EEE in line with the ‘polluter pays’ principle
  , Member States should encourage producers to treat all WEEE collected
  .
  In order to make proper treatment possible, consumers should have a responsibility to ensure that end-of-life EEE is taken to collection facilities.
  In order to give maximum effect to the concept of producer responsibility, each producer should be responsible for financing the management of the waste from his own products. The producer should be able to choose to fulfil this obligation either individually or by joining a collective scheme. Each producer
  or third party acting on its behalf
  should, when placing a product on the market, provide a financial guarantee to prevent costs for the management of WEEE from orphan products from falling on society or the remaining producers. The responsibility for the financing of the management of historical waste should be shared by all existing producers in collective financing schemes to which all producers, existing on the market when the costs occur, contribute proportionately. Collective financing schemes should not have the effect of excluding niche and low-volume producers, importers and new entrants.
  ▐ |
| --- | --- |

(20)

Users of EEE from private households should have the possibility of returning WEEE at least free of charge. Producers should
  therefore
  finance ▐ collection from collection facilities, and the treatment, recovery and disposal of WEEE. Member States should encourage
  all stakeholders handling
  WEEE
  to help achieve the objective of this Directive
  in order to avoid leakage of separately collected WEEE to sub-optimal treatment and illegal exports.
  In order that
  payment for the collection of this waste
  be shifted
  from general tax payers to the consumers of EEE in line with the ‘polluter pays’ principle
  , Member States should encourage producers to treat all WEEE collected
  .
  In order to make proper treatment possible, consumers should have a responsibility to ensure that end-of-life EEE is taken to collection facilities.
  In order to give maximum effect to the concept of producer responsibility, each producer should be responsible for financing the management of the waste from his own products. The producer should be able to choose to fulfil this obligation either individually or by joining a collective scheme. Each producer
  or third party acting on its behalf
  should, when placing a product on the market, provide a financial guarantee to prevent costs for the management of WEEE from orphan products from falling on society or the remaining producers. The responsibility for the financing of the management of historical waste should be shared by all existing producers in collective financing schemes to which all producers, existing on the market when the costs occur, contribute proportionately. Collective financing schemes should not have the effect of excluding niche and low-volume producers, importers and new entrants.

▐

| (21) | Information to users about the requirement not to dispose of WEEE as unsorted municipal waste and to collect WEEE separately, and about the collection systems and their role in the management of WEEE, is indispensable for the success of WEEE collection. Such information implies the proper marking of EEE which could end up in rubbish bins or similar means of municipal waste collection. |
| --- | --- |

(21)

Information to users about the requirement not to dispose of WEEE as unsorted municipal waste and to collect WEEE separately, and about the collection systems and their role in the management of WEEE, is indispensable for the success of WEEE collection. Such information implies the proper marking of EEE which could end up in rubbish bins or similar means of municipal waste collection.

| (22) | Information on component and material identification to be provided by producers is important to facilitate the management, and in particular the treatment and recovery or recycling, of WEEE. |
| --- | --- |

(22)

Information on component and material identification to be provided by producers is important to facilitate the management, and in particular the treatment and recovery or recycling, of WEEE.

| (23) | Member States should ensure that inspection and monitoring infrastructure enable the proper implementation of this Directive to be verified, having regard, inter alia, to Recommendation 2001/331/EC of the European Parliament and of the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (13). |
| --- | --- |

(23)

Member States should ensure that inspection and monitoring infrastructure enable the proper implementation of this Directive to be verified, having regard, inter alia, to Recommendation 2001/331/EC of the European Parliament and of the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (13).

| (24) | Information about the weight of EEE placedon the market in the Union and the rates of collection, re-use, including as far as possible re-use of whole appliances, recovery or recycling and export of WEEE collected in accordance with this Directive is necessary to monitor the achievement of the objectives of this Directive. |
| --- | --- |

(24)

Information about the weight of EEE placedon the market in the Union and the rates of collection, re-use, including as far as possible re-use of whole appliances, recovery or recycling and export of WEEE collected in accordance with this Directive is necessary to monitor the achievement of the objectives of this Directive.

| (25) | Member States may choose to implement certain provisions of this Directive by means of agreements between the competent authorities and the economic sectors concerned provided that particular requirements are met.
  ▐ |
| --- | --- |

(25)

Member States may choose to implement certain provisions of this Directive by means of agreements between the competent authorities and the economic sectors concerned provided that particular requirements are met.

▐

| (26) | To reduce barriers to the proper functioning of the internal market, administrative burdens should be reduced by standardising registration and reporting procedures and by preventing multiple charges for multiple registrations in individual Member States. In particular, a producer should no longer be required to have a legal seat in a Member State in order to be allowed to place EEE on the market in that Member State. Instead, the appointment of a local legal representative resident in that Member State should be sufficient. For practical enforcement of this legislation it must be possible for Member States to identify the producer that is responsible for the product and trace back the supply chain from the final distributor. Member States should ensure that a distributor making EEE available for the first time on the territory of a Member State (intra-Union trade) either concludes an agreement with the producer or takes care of the registration of that equipment and the financing of the management of the waste from that equipment. |
| --- | --- |

(26)

To reduce barriers to the proper functioning of the internal market, administrative burdens should be reduced by standardising registration and reporting procedures and by preventing multiple charges for multiple registrations in individual Member States. In particular, a producer should no longer be required to have a legal seat in a Member State in order to be allowed to place EEE on the market in that Member State. Instead, the appointment of a local legal representative resident in that Member State should be sufficient. For practical enforcement of this legislation it must be possible for Member States to identify the producer that is responsible for the product and trace back the supply chain from the final distributor. Member States should ensure that a distributor making EEE available for the first time on the territory of a Member State (intra-Union trade) either concludes an agreement with the producer or takes care of the registration of that equipment and the financing of the management of the waste from that equipment.

| (27) | In order to adapt the provisions of this Directive to technical and scientific progress and to adopt other necessary measures,
  the Commission should be empowered to
  adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of transitional arrangements, the adaptation of
  annexes,
  detailed
  rules for
  verifying and
  monitoring compliance, the minimum requirements and methodology for calculating the level of financial guarantees, the definition of ‘very small volume WEEE’ and of ‘micro enterprises operating on a small surface area’, the format for registration and reporting, the frequency of reporting and amendments to the rules concerning reports on the implementation of this Directive
  . |
| --- | --- |

(27)

In order to adapt the provisions of this Directive to technical and scientific progress and to adopt other necessary measures,
  the Commission should be empowered to
  adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of transitional arrangements, the adaptation of
  annexes,
  detailed
  rules for
  verifying and
  monitoring compliance, the minimum requirements and methodology for calculating the level of financial guarantees, the definition of ‘very small volume WEEE’ and of ‘micro enterprises operating on a small surface area’, the format for registration and reporting, the frequency of reporting and amendments to the rules concerning reports on the implementation of this Directive
  .

| (28) | The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with the earlier Directives. The obligation to transpose the provisions which are unchanged arises under the earlier Directives. |
| --- | --- |

(28)

The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with the earlier Directives. The obligation to transpose the provisions which are unchanged arises under the earlier Directives.

| (29) | This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VI, Part B, |
| --- | --- |

(29)

This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VI, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

This Directive lays down measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of WEEE and by reducing overall
  negative
  impacts of resource use and improving the efficiency of such use
  , in accordance with Articles 1 and 4 of Directive 2008/98/EC
  .
  This Directive requires all operators involved in product life cycles to improve their environmental standards, thereby contributing to sustainable production and recovery.

Article 2

Scope

1.   This Directive shall, subject to paragraph 3, apply to
  all EEE
  ▐.

2.   This Directive shall apply without prejudice to requirements of Union legislation on safety and health, on chemicals, in particular Regulation (EC) 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (14) as well as of specific Union waste management or product design legislation.

3.   This Directive shall not apply to ▐:

| (a) | EEE which is necessary for the protection of the essential interests of the security of Member States, including arms, munitions and war material intended for specifically military purposes. |
| --- | --- |

(a)

EEE which is necessary for the protection of the essential interests of the security of Member States, including arms, munitions and war material intended for specifically military purposes.

| (b) | EEE which is specifically designed as part of another type of equipment that does not fall within the scope of this Directive and that can fulfill its function only if it is part of that equipment.
  ▐ |
| --- | --- |

(b)

EEE which is specifically designed as part of another type of equipment that does not fall within the scope of this Directive and that can fulfill its function only if it is part of that equipment.

▐

| (c) | large-scale fixed installations; |
| --- | --- |

(c)

large-scale fixed installations;

| (d) | large-scale stationary industrial tools; |
| --- | --- |

(d)

large-scale stationary industrial tools;

| (e) | non-road mobile machinery intended exclusively for professional users; |
| --- | --- |

(e)

non-road mobile machinery intended exclusively for professional users;

| (f) | means of transport for persons or goods; |
| --- | --- |

(f)

means of transport for persons or goods;

| (g) | photovoltaic modules. |
| --- | --- |

(g)

photovoltaic modules.

| (h) | filament bulbs. |
| --- | --- |

(h)

filament bulbs.

| (i) | implanted and infected medical devices. |
| --- | --- |

(i)

implanted and infected medical devices.

No later than ... (15), and every five years thereafter, the Commission shall submit a report to the European Parliament and the Council examining the scope of this Directive, in particular whether photovoltaic modules should be included in its scope. The part of the report on photovoltaic modules shall assess, in particular, the effective collection and recycling rates achieved. Where appropriate, on the basis of that report, the Commission shall submit a proposal.

▐

Article 3

Definitions

For the purposes of this Directive, the following definitions shall apply:

| (a) | ‘electrical and electronic equipment’ or ‘EEE’ means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields
  which is
  designed for use with a voltage rating not exceeding 1000 volts for alternating current and 1500 volts for direct current; |
| --- | --- |

(a)

‘electrical and electronic equipment’ or ‘EEE’ means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields
  which is
  designed for use with a voltage rating not exceeding 1000 volts for alternating current and 1500 volts for direct current;

| (b) | ‘waste electrical and electronic equipment’ or ‘WEEE’ means electrical or electronic equipment which is waste within the meaning of Article 3(1) of Directive 2008/98/EC, including all components, subassemblies and consumables which are part of the product at the time of discarding; |
| --- | --- |

(b)

‘waste electrical and electronic equipment’ or ‘WEEE’ means electrical or electronic equipment which is waste within the meaning of Article 3(1) of Directive 2008/98/EC, including all components, subassemblies and consumables which are part of the product at the time of discarding;

| (c) | ‘medical device’ means EEE falling within the scope of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (16) or Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices (17); |
| --- | --- |

(c)

‘medical device’ means EEE falling within the scope of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (16) or Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices (17);

| (d) | ‘prevention’ means prevention within the meaning of Article 3(12) of Directive 2008/98/EC; |
| --- | --- |

(d)

‘prevention’ means prevention within the meaning of Article 3(12) of Directive 2008/98/EC;

| (e) | ‘re-use’ means re-use within the meaning of Article 3(13) of Directive 2008/98/EC; |
| --- | --- |

(e)

‘re-use’ means re-use within the meaning of Article 3(13) of Directive 2008/98/EC;

| (f) | ‘preparing for re-use’ means preparing for re-use within the meaning of Article 3(16) of Directive 2008/98/EC; |
| --- | --- |

(f)

‘preparing for re-use’ means preparing for re-use within the meaning of Article 3(16) of Directive 2008/98/EC;

| (g) | ‘recycling’ means recycling within the meaning of Article 3(17) of Directive 2008/98/EC; |
| --- | --- |

(g)

‘recycling’ means recycling within the meaning of Article 3(17) of Directive 2008/98/EC;

| (h) | ‘recovery’ means recovery within the meaning of Article 3(15) of Directive 2008/98/EC; |
| --- | --- |

(h)

‘recovery’ means recovery within the meaning of Article 3(15) of Directive 2008/98/EC;

| (i) | ‘disposal’ means disposal within the meaning of Article 3(19) of Directive 2008/98/EC; |
| --- | --- |

(i)

‘disposal’ means disposal within the meaning of Article 3(19) of Directive 2008/98/EC;

| (j) | ‘treatment’ means treatment within the meaning of Article 3(14) of Directive 2008/98/EC; |
| --- | --- |

(j)

‘treatment’ means treatment within the meaning of Article 3(14) of Directive 2008/98/EC;

| (k) | ‘producer’ means any natural or legal person who, irrespective of the selling technique used, including by means of distance communication in accordance with Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (18):






  (i) | manufactures EEE under his own name or trademark, or has EEE designed or manufactured and places that electronic equipment on the market under his name or trade mark, |
| --- | --- | --- |

(k)

‘producer’ means any natural or legal person who, irrespective of the selling technique used, including by means of distance communication in accordance with Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (18):

(i)

manufactures EEE under his own name or trademark, or has EEE designed or manufactured and places that electronic equipment on the market under his name or trade mark,

| (ii) | resells under his name or trademark equipment produced by other suppliers, a reseller not being regarded as the ‘producer’ if the brand of the producer appears on the equipment, as referred to in subpoint (i), or |
| --- | --- |

(ii)

resells under his name or trademark equipment produced by other suppliers, a reseller not being regarded as the ‘producer’ if the brand of the producer appears on the equipment, as referred to in subpoint (i), or

| (iii) | is established within the Union and places EEE from a third country on a professional basis on the Union Market. |
| --- | --- |

(iii)

is established within the Union and places EEE from a third country on a professional basis on the Union Market.

Whoever exclusively provides financing under, or pursuant to, any finance agreement shall not be deemed a ‘producer’ unless he also acts as a producer within the meaning of subpoints (i) to (iii);

| (l) | ‘distributor’ means any natural or legal person in the supply chain, who makes an EEE available on the market; |
| --- | --- |

(l)

‘distributor’ means any natural or legal person in the supply chain, who makes an EEE available on the market;

| (m) | ‘WEEE from private households’ means WEEE that comes from private households, or from commercial, industrial, institutional or other sources, which, because of its nature and quantity, is similar to WEEE from private households,
  and WEEE which may have been used as EEE by both private households and users other than private households
  ; |
| --- | --- |

(m)

‘WEEE from private households’ means WEEE that comes from private households, or from commercial, industrial, institutional or other sources, which, because of its nature and quantity, is similar to WEEE from private households,
  and WEEE which may have been used as EEE by both private households and users other than private households
  ;

| (n) | ‘hazardous waste’ means hazardous waste within the meaning of Article 3(2) of Directive 2008/98/EC. |
| --- | --- |

(n)

‘hazardous waste’ means hazardous waste within the meaning of Article 3(2) of Directive 2008/98/EC.

| (o) | ‘finance agreement’ means any loan, lease, hiring or deferred sale agreement or arrangement relating to any equipment whether or not the terms of that agreement or arrangement or any collateral agreement or arrangement provide that a transfer of ownership of that equipment will or may take place. |
| --- | --- |

(o)

‘finance agreement’ means any loan, lease, hiring or deferred sale agreement or arrangement relating to any equipment whether or not the terms of that agreement or arrangement or any collateral agreement or arrangement provide that a transfer of ownership of that equipment will or may take place.

| (p) | ‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; |
| --- | --- |

(p)

‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

| (q) | ‘placing on the market’ means the first making available of a product on the Union market; |
| --- | --- |

(q)

‘placing on the market’ means the first making available of a product on the Union market;

| (r) | ‘remove’ means manual, mechanical, chemical or metallurgic handling with the result that hazardous substances, preparations and components are contained as an identifiable stream or identifiable part of a stream at the end of the treatment process. A substance, preparation or component is identifiable if it can be monitored to prove environmentally safe treatment; |
| --- | --- |

(r)

‘remove’ means manual, mechanical, chemical or metallurgic handling with the result that hazardous substances, preparations and components are contained as an identifiable stream or identifiable part of a stream at the end of the treatment process. A substance, preparation or component is identifiable if it can be monitored to prove environmentally safe treatment;

| (s) | ‘collection’ means collection within the meaning of Article 3(10) of Directive 2008/98/EC; |
| --- | --- |

(s)

‘collection’ means collection within the meaning of Article 3(10) of Directive 2008/98/EC;

| (t) | ‘separate collection’ means separate collection within the meaning of Article 3(11) of Directive 2008/98/EC; |
| --- | --- |

(t)

‘separate collection’ means separate collection within the meaning of Article 3(11) of Directive 2008/98/EC;

| (u) | ‘large-scale fixed installations’ means a particular combination of several types of apparatus and, where applicable, other devices, assembled and installed permanently at a predefined location. It does not include lighting products; |
| --- | --- |

(u)

‘large-scale fixed installations’ means a particular combination of several types of apparatus and, where applicable, other devices, assembled and installed permanently at a predefined location. It does not include lighting products;

| (v) | ‘large-scale stationary industrial tools’ means an assembly of machines, equipment, and/or components, designed to be used together in industry to perform a specific task, which are installed by specialised personnel and they are permanently located during their phase of use; |
| --- | --- |

(v)

‘large-scale stationary industrial tools’ means an assembly of machines, equipment, and/or components, designed to be used together in industry to perform a specific task, which are installed by specialised personnel and they are permanently located during their phase of use;

| (w) | ‘non-road mobile machinery’ means machinery the operation of which requires either mobility while working or continuous or semi-continuous movement between a succession of fixed working locations, or machinery which is operated without being moved, but which may be equipped in such a way as to enable it to be moved more easily from one place to another; |
| --- | --- |

(w)

‘non-road mobile machinery’ means machinery the operation of which requires either mobility while working or continuous or semi-continuous movement between a succession of fixed working locations, or machinery which is operated without being moved, but which may be equipped in such a way as to enable it to be moved more easily from one place to another;

| (x) | ‘means of transport’ means a vehicle used for transporting people or cargo, such as cars, busses, trucks, trams, trains, ships and aeroplanes; |
| --- | --- |

(x)

‘means of transport’ means a vehicle used for transporting people or cargo, such as cars, busses, trucks, trams, trains, ships and aeroplanes;

| (y) | ‘photovoltaic modules’ means only photovoltaic modules which are intended for use in a system designed, assembled and installed for permanent operation at a specified location for power generation for public, commercial and private purposes. |
| --- | --- |

(y)

‘photovoltaic modules’ means only photovoltaic modules which are intended for use in a system designed, assembled and installed for permanent operation at a specified location for power generation for public, commercial and private purposes.

Article 4

Product design

Member States shall, in line with Union product legislation including
  Directive 2009/125/EC
  , encourage
  cooperation between producers and recyclers and
  measures
  to be taken
  to promote the design and production of EEE notably in view of facilitating re-use, dismantling and recovery of WEEE, its components and materials. These measures shall respect the proper functioning of the internal market. In this context, Member States shall take appropriate measures so that producers do not prevent, through specific design features or manufacturing processes, WEEE from being re-used, unless such specific design features or manufacturing processes present overriding advantages, for example, with regard to the protection of the environment and/or safety requirements.
  Eco-design requirements facilitating re-use, dismantling, recovery of WEEE and reducing hazardous substance emissions shall be established no later than 31 December 2014 in the framework of the implementing measures adopted pursuant to Directive 2009/125/EC.

Article 5

Separate collection

1.   ▐ To achieve a high level of separate collection of WEEE
  and correct treatment for all types of WEEE,
  notably
  the
  cooling and freezing equipment containing ozone-depleting substances and fluorinated greenhouses gases
  , mercury-containing lamps, and small appliances, Member States shall ensure that all WEEE is separately collected and not mixed with bulky or unsorted household waste, and that untreated WEEE is not sent to landfill or incineration.

2.   For WEEE from private households, Member States shall ensure that:

| (a) | systems are set up allowing final holders and distributors to return such waste at least free of charge. Member States shall ensure the availability and accessibility of the necessary collection facilities, taking into account in particular population density; |
| --- | --- |

(a)

systems are set up allowing final holders and distributors to return such waste at least free of charge. Member States shall ensure the availability and accessibility of the necessary collection facilities, taking into account in particular population density;

| (b) | when supplying a new product, distributors shall be responsible for ensuring that such waste can be returned to the distributor at least free of charge on a one-to-one basis as long as the equipment is of equivalent type and has fulfilled the same functions as the supplied equipment. Member States may depart from this provision provided they ensure that returning the WEEE is not thereby made more difficult for the final holder and provided that these systems remain free of charge for the final holder. Member States making use of this provision shall inform the Commission thereof; |
| --- | --- |

(b)

when supplying a new product, distributors shall be responsible for ensuring that such waste can be returned to the distributor at least free of charge on a one-to-one basis as long as the equipment is of equivalent type and has fulfilled the same functions as the supplied equipment. Member States may depart from this provision provided they ensure that returning the WEEE is not thereby made more difficult for the final holder and provided that these systems remain free of charge for the final holder. Member States making use of this provision shall inform the Commission thereof;

| (c) | without prejudice to the provisions of points (a) and (b), producers are allowed to set up and operate individual and/or collective take-back systems for WEEE from private households provided that these are in line with the objectives of this Directive; |
| --- | --- |

(c)

without prejudice to the provisions of points (a) and (b), producers are allowed to set up and operate individual and/or collective take-back systems for WEEE from private households provided that these are in line with the objectives of this Directive;

| (d) | having regard to national and Union health and safety standards, WEEE that presents a health and safety risk to personnel because of contamination may be refused for return under points (a) and (b). Member States shall make specific arrangements for such WEEE. |
| --- | --- |

(d)

having regard to national and Union health and safety standards, WEEE that presents a health and safety risk to personnel because of contamination may be refused for return under points (a) and (b). Member States shall make specific arrangements for such WEEE.

Member States may provide for specific arrangements for the return of WEEE as under points (a) and (b) if the equipment does not contain the essential components or if the equipment contains waste other than WEEE.

3.   In the case of WEEE other than WEEE from private households, and without prejudice to Article 13, Member States shall ensure that producers or third parties acting on their behalf provide for the collection of such waste.

Article 6

Disposal and transport of collected WEEE

1.   Member States shall prohibit the disposal of separately collected untreated WEEE
  and monitor enforcement of that prohibition
  .

2.   Member States shall ensure that the collection and transport of separately collected WEEE is carried out in a way which optimises re-use and recycling and the confinement of hazardous substances.
  In order to maximise re-use of whole appliances, Member States shall also ensure that collection schemes provide for the separation of re-usable appliances from separately collected WEEE at the collection points, prior to any transportation.

Article 7

Collection

  targets

1.   Without prejudice to Article 5(1), each Member State shall ensure that
  as of 2016
  a minimum of
  85 % of WEEE generated on its territory is collected
  .

Each Member State shall ensure that as of 2012 at least 4 kg/capita of WEEE is collected or the same amount of WEEE in weight as was collected in that Member State in 2010, whichever is greater.

Member States shall ensure that the volume of WEEE collected is gradually increased during the years 2012 to 2016.

Member States may set more ambitious individual collection targets and shall in such a case report this to the Commission.

The collection
  targets
  shall be achieved annually ▐.

Member States shall present improvement plans to the Commission no later than ... (19).

2.
     
  In order to establish that the minimum collection rate has been achieved, Member States shall ensure that relevant actors communicate, at no cost to the Member States, in accordance with Article 16 and on an annual basis, information on WEEE that has been:

| (a) | prepared for re-use or sent to treatment facilities by any actor; |
| --- | --- |

(a)

prepared for re-use or sent to treatment facilities by any actor;

| (b) | taken to collection facilities in accordance with Article 5(2)(a); |
| --- | --- |

(b)

taken to collection facilities in accordance with Article 5(2)(a);

| (c) | taken to distributors in accordance with Article 5(2)(b); |
| --- | --- |

(c)

taken to distributors in accordance with Article 5(2)(b);

| (d) | separately collected by producers or third parties acting on their behalf; or |
| --- | --- |

(d)

separately collected by producers or third parties acting on their behalf; or

| (e) | separately collected by other means. |
| --- | --- |

(e)

separately collected by other means.

3.   Transitional arrangements may be laid down
  in respect of the period until 31 December 2015, by means of delegated acts
  in accordance with
  Article 19 and subject to the conditions of Articles 20 and 21,
  to address difficulties faced by Member States in meeting the targets set out in paragraph 1 as a result of specific national circumstances;

4.   
  By 31 December 2012 at the latest the Commission shall adopt, by means of delegated acts in accordance with Article 19 and subject to the conditions of Articles 20 and 21,
  a common methodology
  for determining the amount of WEEE generated by weight in each Member State. The methodology shall include detailed rules on the application and calculation methods for verifying compliance with the targets set out in paragraph 1.

▐

5.   On the basis of a report of the Commission accompanied, if appropriate, by a proposal, the European Parliament and the Council shall, by 31 December 2012 at the latest, re-examine the collection rate, and target dates referred to in paragraph 1 inter alia with a view to possibly setting a separate collection target for cooling and freezing equipment,
  lamps, including filament bulbs, and small appliances
  .

Article 8

Treatment

1.   Member States shall ensure that all separately collected WEEE undergoes treatment.

The Commission shall, not later than ... (20), request the European Standardisation Organisations to develop and adopt European standards for the collection, storage, transport, treatment, recycling and repair of WEEE as well as preparation for re-use. Those standards shall reflect the state of the art.

Reference to the standards shall be published in the Official Journal of the European Union.

The collection, storage, transport treatment, recycling and repair of WEEE as well as preparation for re-use shall be conducted with an approach geared to preserving raw materials and shall aim at recycling valuable resources contained in EEE with regard to ensuring better commodities supply within the Union.

2.   Treatment other than preparing for re-use shall, as a minimum, include the removal of all fluids and a selective treatment in accordance with Annex III.

3.   Member States shall ensure that producers or third parties acting on their behalf set up systems to provide for the recovery of WEEE using best available techniques. The systems may be set up by producers individually or collectively. Member States shall ensure that any establishment or undertaking carrying out collection or treatment operations stores and treats WEEE in compliance with the technical requirements set out in Annex IV.

4.   ▐ In order to introduce other treatment technologies that ensure at least the same level of protection for human health and the environment
  , the Commission shall adopt, by means of delegated acts in accordance with Article 19 and subject to the conditions of Articles 20 and 21, amendments to Annex III.
  The Commission shall evaluate as a matter of priority whether the entries regarding printed circuit boards for mobile phones and liquid crystal displays need to be amended.
  The Commission shall evaluate whether amendments to Annex III are necessary to address relevant nanomaterials.

5.   For the purposes of environmental protection, Member States may set up minimum quality standards for the treatment of collected WEEE.

Member States which opt for such quality standards shall inform the Commission thereof, which shall publish these standards.

6.   Member States shall encourage establishments or undertakings which carry out treatment operations to introduce certified environmental management systems in accordance with Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (21).

Article 9

Permits and inspections

1.   Member States shall ensure that any establishment or undertaking carrying out treatment operations obtains a permit from the competent authorities, in compliance with Article 23 of Directive 2008/98/EC.

2.   The derogation from the permit requirement referred to in Article 24(b) of Directive 2008/98/EC may apply to recovery operations concerning WEEE if an inspection is carried out by the competent authorities before the registration in order to ensure compliance with Article 13 of that Directive.

The inspection shall verify the following:

| (a) | the type and quantities of waste to be treated; |
| --- | --- |

(a)

the type and quantities of waste to be treated;

| (b) | the general technical requirements to be complied with; |
| --- | --- |

(b)

the general technical requirements to be complied with;

| (c) | the safety precautions to be taken. |
| --- | --- |

(c)

the safety precautions to be taken.

The inspection shall be carried out at least once a year and the results shall be communicated by the Member States to the Commission.

3.   Member States shall ensure that the permit or the registration referred to in paragraphs 1 and 2 includes all conditions necessary for compliance with the requirements of Article 8(2), 8(3) and 8(5) and for the achievement of the recovery targets set out in Article 11.

Article 10

Shipments of WEEE

1.   The treatment operation may also be undertaken outside the respective Member State or the Union provided that the shipment of WEEE is in compliance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (22).

2.   WEEE exported out of the Union in line with Regulation (EC) No 1013/2006 and Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or Annex IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply (23) shall count towards the fulfilment of obligations and targets set out in of Article 11 of this Directive only if the exporter can prove
  , by submitting conclusive evidence prior to shipment,
  that
  recovery
  ,
  preparation for re-use and recycling will take
  place under conditions that are equivalent to the requirements of this Directive.
  After recovery, preparation for re-use or recycling has taken place, compliance with those equivalent conditions shall be confirmed.

3.
     
  Member States shall not permit the shipment of any item of EEE intended for re-use unless it has been certified by a competent identified individual or corporate body to be in full working order and it bears a label to this effect.

4.   
  In order to allow treatment operations to be undertaken outside the Union with an equivalent level of protection, the Commission shall, not later than ... (24), adopt, by means of delegated acts in accordance with Article 19 and subject to the conditions of Articles 20 and 21,
  detailed rules in respect of ▐ paragraphs 1 and 2, in particular criteria for the assessment of equivalent conditions ▐.

▐

Article 11

Recovery targets

1.   Regarding all WEEE separately collected and sent for treatment in accordance with Articles 8, 9 and 10 or for preparation for re-use, Member States shall ensure that, by 31 December 2011, producers meet the following minimum targets:

| (a) | for WEEE falling under
  categories 1 and 4 of Annex IA
  ,






  — | 85 % shall be recovered, ▐ |
| --- | --- | --- |

(a)

for WEEE falling under
  categories 1 and 4 of Annex IA
  ,

—

85 % shall be recovered, ▐

| — | 75
   % shall be ▐ recycled
  and |
| --- | --- |

—

75
   % shall be ▐ recycled
  and

| — | 5 % shall be prepared for re-use
  ; |
| --- | --- |

—

5 % shall be prepared for re-use
  ;

| (b) | for WEEE falling under
  category 2 of Annex IA,








  — | 80 % shall be recovered, ▐ |
| --- | --- | --- |

(b)

for WEEE falling under
  category 2 of Annex IA,

—

80 % shall be recovered, ▐

| — | 65
   % shall be ▐ recycled
  and |
| --- | --- |

—

65
   % shall be ▐ recycled
  and

| — | 5 % shall be prepared for re-use
  ; |
| --- | --- |

—

5 % shall be prepared for re-use
  ;

| (c) | for WEEE falling under category 3 of Annex IA,








  — | 75 % shall be recovered and |
| --- | --- | --- |

(c)

for WEEE falling under category 3 of Annex IA,

—

75 % shall be recovered and

| — | 50 % shall be recycled; |
| --- | --- |

—

50 % shall be recycled;

| (d) | for WEEE falling under
  category 5 of Annex IA
  ,






  — | 75 % shall be recovered, ▐ |
| --- | --- | --- |

(d)

for WEEE falling under
  category 5 of Annex IA
  ,

—

75 % shall be recovered, ▐

| — | 50
   % shall be ▐ recycled
  and |
| --- | --- |

—

50
   % shall be ▐ recycled
  and

| — | 5 % shall be prepared for re-use
  ; |
| --- | --- |

—

5 % shall be prepared for re-use
  ;

| (e) | for WEEE falling under category 6 of Annex IA,








  — | 85 % shall be recovered, |
| --- | --- | --- |

(e)

for WEEE falling under category 6 of Annex IA,

—

85 % shall be recovered,

| — | 75 % shall be recycled and |
| --- | --- |

—

75 % shall be recycled and

| — | 5 % shall be prepared for re-use; |
| --- | --- |

—

5 % shall be prepared for re-use;

| (f) | for gas discharge lamps,
  80
   % shall be ▐ recycled. |
| --- | --- |

(f)

for gas discharge lamps,
  80
   % shall be ▐ recycled.

2.   These targets are calculated as weight percentages of separately collected WEEE that is sent to recovery facilities
  and effectively recovered, re-used and recycled. Storage, sorting and pre-processing operations at recovery facilities shall not be included in the calculation of whether the targets have been met.

3.   Member States shall ensure that, for the purpose of calculating these targets, producers or third parties acting on their behalf keep records on the mass of
  used EEE,
  WEEE, their components, materials or substances when entering (input) and leaving (output) the treatment facility
  and
  when entering (input)
  and leaving (output as overall percentage)
  the recovery or recycling facility.

4.   Member States shall encourage the development of new recovery, recycling and treatment technologies.

Article 12

Financing in respect of WEEE from private households

1.   Member States shall ensure producers provide at least for the financing of the collection, treatment, recovery and environmentally sound disposal of WEEE from private households deposited at collection facilities set up under Article 5(2).
  In addition,
  Member States, where appropriate, shall
  ensure that, to improve the collection of WEEE, sufficient financial resources are raised in accordance with the ‘polluter pays’ principle (where the polluters are to be considered to be the retailers, consumers and producers, but not the general tax payers) at the moment of sale of new EEE to cover
  the cost
  of collection of
  WEEE from ▐ households
  , including the cost of running the collection facilities and associated awareness-raising campaigns on the management of WEEE. These financial resources shall be available only to operators legally obliged to collect WEEE
  .

Where such operators’ costs are fully covered by the financial resources raised in accordance with the first subparagraph, those operators, whether municipalities or private collection points, shall hand over all the WEEE collected to producer responsibility schemes.

The financing of the collection of WEEE from households for removal to collection facilities shall not fall under the individual producer responsibility for financing provided for in paragraph 2.

Additional rules on the calculation methods regarding the costs of collection and collection facilities may be laid down by Member States.

2.   For products placed on the market later than 13 August 2005, each producer shall be responsible for financing the operations referred to in paragraph 1 relating to the waste from his own products. The producer may choose to fulfil this obligation either individually or by joining a collective scheme.
  A producer may fulfil its obligation through either one, or a combination, of these methods. Collective schemes shall introduce differentiated fees for producers based on how easily products and the strategic raw materials they contain can be recycled.

Member States shall ensure that each producer provides a guarantee when placing a product on the market showing that the management of all WEEE will be financed and shall ensure that producers clearly mark their products in accordance with Article 15(2). This guarantee shall ensure that the operations referred to in paragraph 1 relating to the product will be financed. The guarantee may take the form of participation by the producer in appropriate schemes for the financing of the management of WEEE, a recycling insurance or a blocked bank account.
  The financial guarantee in respect of the end of life of products shall be calculated to ensure the internalisation of the real end-of-life costs of a producer’s product, taking into account treatment and recycling standards referred to in Article 8.

3.
     
  In order to make possible a harmonised approach to compliance with the financial guarantee requirements established in paragraph 2, the Commission shall, no later than ... (25), by means of delegated acts in accordance with Article 19 and subject to the conditions of Articles 20 and 21, establish the minimum requirements and methodology for calculating the level of these guarantees, and establish guidelines for verifying and auditing them.

Those minimum requirements shall ensure at least that:

| a) | the guarantee creates internalisation of the real end-of-life costs of a producer’s product, taking into account the treatment and recycling standards, |
| --- | --- |

a)

the guarantee creates internalisation of the real end-of-life costs of a producer’s product, taking into account the treatment and recycling standards,

| b) | the costs related to a producer’s obligation do not fall on other actors, and |
| --- | --- |

b)

the costs related to a producer’s obligation do not fall on other actors, and

| c) | the guarantee will be present in the future and can be utilised to resolve the outstanding recycling obligations of a producer in the event of the latter’s insolvency. |
| --- | --- |

c)

the guarantee will be present in the future and can be utilised to resolve the outstanding recycling obligations of a producer in the event of the latter’s insolvency.

4.   The responsibility for the financing of the costs of the management of WEEE from products placed on the market before 13 August 2005 (hereinafter ‘historical waste’) shall be provided by one or more systems to which all producers, existing on the market when the respective costs occur, contribute proportionately, e.g. in proportion to their respective share of the market by type of equipment.

5.
     
  Member States shall ensure that producers or third parties acting on their behalf report to them on the financing and costs of the systems for collection, treatment and disposal and on the efficiency of those systems on an annual basis.

Article 13

Financing in respect of WEEE from users other than private households

1.   Member States shall ensure that the financing of the costs for the collection, treatment, recovery and environmentally sound disposal of WEEE from users other than private households from products placed on the market after 13 August 2005 is to be provided by producers.

For historical waste being replaced by new equivalent products or by new products fulfilling the same function, the financing of the costs shall be provided by producers of those products when supplying them. Member States may, as an alternative, provide that users other than private households also be made, partly or totally, responsible for this financing.

For other historical waste, the financing of the costs shall be provided by the users other than private households.

2.   Producers and users other than private households may, without prejudice to this Directive, conclude agreements stipulating other financing methods.

Article 14

Collection schemes and
  information for users

▐

1.
     
  In order to raise users’ awareness, Member States shall ensure that distributors put in place appropriate collection schemes for very small volume WEEE. Such collection schemes shall:

| (a) | enable end-users to discard very small volume WEEE at an accessible and visible collection point in the retailer’s shop; |
| --- | --- |

(a)

enable end-users to discard very small volume WEEE at an accessible and visible collection point in the retailer’s shop;

| (b) | require retailers to take back very small volume WEEE at no charge when supplying very small volume EEE; |
| --- | --- |

(b)

require retailers to take back very small volume WEEE at no charge when supplying very small volume EEE;

| (c) | not involve any charge to end-users when discarding very small volume WEEE, nor any obligation to buy a new product of the same type. |
| --- | --- |

(c)

not involve any charge to end-users when discarding very small volume WEEE, nor any obligation to buy a new product of the same type.

Member States shall also ensure that points (b) and (c) apply to distance sellers, that is, natural or legal persons who, by means of distance communication in accordance with Directive 97/7/EC, place, or make available, EEE on the market. The collection scheme put in place by distance sellers shall enable end-users to return very small volume WEEE without those users having to incur any charges, including delivery or postal charges.

No later than ... (26) the Commission shall adopt, by means of delegated acts in accordance with Article 19 and subject to the conditions of Articles 20 and 21, a definition of ‘very small volume WEEE’, taking into account the risk of such waste not being separately collected due to its very small size.

The obligations in this paragraph shall not apply to micro enterprises operating on a very small surface area. No later than ... (26) the Commission shall adopt, by means of delegated acts in accordance with Article 19 and subject to the conditions of Articles 20 and 21, for the purpose of this Directive, a definition of ‘micro enterprises operating on a very small surface area’.

2.   Member States shall ensure that users of EEE in private households are given the necessary information about:

| (a) | the requirement not to dispose of WEEE as unsorted municipal waste and to collect such WEEE separately; |
| --- | --- |

(a)

the requirement not to dispose of WEEE as unsorted municipal waste and to collect such WEEE separately;

| (b) | the return and collection systems available to them
  , encouraging the coordination of information serving to identify all available collection points, irrespective of the producers which have set them up
  ; |
| --- | --- |

(b)

the return and collection systems available to them
  , encouraging the coordination of information serving to identify all available collection points, irrespective of the producers which have set them up
  ;

| (c) | their role in contributing to re-use, recycling and other forms of recovery of WEEE; |
| --- | --- |

(c)

their role in contributing to re-use, recycling and other forms of recovery of WEEE;

| (d) | the potential effects on the environment and human health as a result of the presence of hazardous substances in EEE; |
| --- | --- |

(d)

the potential effects on the environment and human health as a result of the presence of hazardous substances in EEE;

| (e) | the meaning of the symbol shown in Annex V. |
| --- | --- |

(e)

the meaning of the symbol shown in Annex V.

3.   Member States shall adopt appropriate measures to promote the participation of consumers in the collection of WEEE and to encourage them to facilitate the process of re-use, treatment and recovery.

4.   With a view to minimising the disposal of WEEE as unsorted municipal waste and to facilitating its separate collection, Member States shall ensure that producers appropriately mark – in accordance with European standard EN 50419 (27) – EEE placed on the market with the symbol shown in Annex V. In exceptional cases, where this is necessary because of the size or the function of the product, the symbol shall be printed on the packaging, on the instructions for use and on the warranty of the EEE.

5.   Member States may require that some or all of the information referred to in paragraphs 2 to 4 be provided by producers and/or distributors, e.g. in the instructions for use or at the point of sale,
  or through public-awareness campaigns
  .

Article 15

Information for treatment facilities

1.   In order to facilitate
  the use
  and the correct and environmentally sound treatment of WEEE, including maintenance, upgrade,
  re-use, preparation for re-use,
  refurbishment and recycling, Member States shall take the necessary measures to ensure that producers provide
  , free of charge,
  re-use and treatment information for each type of new EEE placed on the market within one year after the equipment is placed on the market. This information shall identify, as far as it is needed by re-use centres, treatment and recycling facilities in order to comply with the provisions of this Directive, the different EEE components and materials, as well as the location of dangerous substances and preparations in EEE. It shall be made available to re-use centres, treatment and recycling facilities by producers of EEE in the form of manuals or by means of electronic media, such as CD-ROM or online services.

2.   Member States shall ensure that any producer of EEE placed on the market is clearly identifiable by a mark on the equipment. Furthermore, in order to enable the date upon which the equipment was placed on the market to be determined unequivocally, a mark on the equipment shall specify that the latter was placed on the market after 13 August 2005. European Standard EN 50419 shall be applied for this purpose.

Article 16

Registration, information and reporting

1.   Member States shall draw up a register of producers, including producers supplying EEE by means of distance communication, in accordance with paragraph 2.

That register shall serve to monitor compliance with the financing obligations under Articles 12 and 13.

2.   Member States shall ensure that any producer on their territory can enter
  in electronic form
  in their national register all relevant information, including reporting requirements and fees, reflecting its activities across all other Member States.

The registers shall be inter-operational to exchange such information, including on quantities of EEE placed on the national market
  , as well as information enabling
  the transfer of money relating to the intra-Union transfers of products or WEEE.

3.
     
  Each Member State shall ensure that a producer that places EEE on its market but is not resident on its territory is able to appoint a local legal representative resident in that Member State to be responsible for its obligations under this Directive.

4.   
  In order to ensure the smooth functioning of the registration, information and reporting system, the Commission shall adopt, by means of delegated acts in accordance with Article 19 and subject to the conditions of Articles 20 and 21, measures establishing the
  format for registration and reporting and the frequency of reporting.
  The format for registration and reporting shall include, at least, the following information:

| (a) | the quantity of EEE placed on the national market; |
| --- | --- |

(a)

the quantity of EEE placed on the national market;

| (b) | the types of equipment; |
| --- | --- |

(b)

the types of equipment;

| (c) | the brands; |
| --- | --- |

(c)

the brands;

| (d) | the categories; |
| --- | --- |

(d)

the categories;

| (e) | the guarantee, where applicable. |
| --- | --- |

(e)

the guarantee, where applicable.

5.   It shall be possible for the register to be operated by collective producer responsibility schemes set up under Article 12(2).

6.   Member States shall collect information, including substantiated estimates, on an annual basis on the quantities and categories of EEE placed on their markets, collected through all routes, re-used, recycled and recovered within the Member State, and on separately collected WEEE exported, by weight.

7.   Member States shall send a report to the Commission on the implementation of this Directive and on the information set out in paragraph 5 at three-year intervals. The implementation report shall be drawn up on the basis of a questionnaire laid down in Commission Decision 2004/249/EC of 11 March 2004 concerning a questionnaire for Member States reports on the implementation of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (28) and Commission Decision 2005/369/EC of 3 May 2005 laying down rules for monitoring compliance of Member States and establishing data formats for the purposes of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (29). The report shall be made available to the Commission not later than nine months after the end of the three-year period covered by it.

The first three-year report shall cover the period from 20xx to 20xx.

The Commission shall publish a report on the implementation of this Directive within nine months after receiving the reports from the Member States.

Article 17

Identification of economic operators

Member States shall put in place systems to ensure that information is obtained to enable regulatory authorities, producers and distributors to identify:

| (a) | any economic operator who has supplied them with EEE; |
| --- | --- |

(a)

any economic operator who has supplied them with EEE;

| (b) | any economic operator to whom they have supplied EEE. |
| --- | --- |

(b)

any economic operator to whom they have supplied EEE.

Article 18

Adaptation to scientific and technical progress

In order to adapt
  Article 16(7) and the Annexes ▐
  to scientific and technical progress, the Commission may adopt delegated acts in accordance with Article 19 and subject to the conditions of Articles 20 and 21
  .

Before the annexes are amended the Commission shall, inter alia, consult producers of EEE, recyclers, treatment operators and environmental organisations and employees’ and consumer associations.

▐

Article 19

Exercise of the delegation

1.
     
  The power to adopt delegated acts referred to in Articles 7, 8, 10, 12, 14, 16, 18 and 23 shall be conferred on the Commission for an indeterminate period of time.

2.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3.
     
  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 20 and 21.

Article 20

Revocation of the delegation

1.
     
  The delegation of power referred to in Articles 7, 8, 10, 12, 14, 16, 18 and 23 may be revoked at any time by the European Parliament or by the Council.

2.
     
  The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation.

3.
     
  The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

Article 21

Objections to delegated acts

1.
     
  The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council that period shall be extended by two months.

2.
     
  If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and enter into force on the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3.
     
  If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.

Article 22

Penalties

The Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by the date specified in Article 24 at the latest and shall notify it without delay of any subsequent amendment affecting them.

Article 23

Inspection and monitoring

1.   Member States shall carry out appropriate inspections and monitoring to verify the proper implementation of this Directive.

Those inspections shall cover at least
  the reported quantities of EEE placed on the market, in order to check the amount of the financial guarantees required under Article 12(2),
  exports of WEEE outside the Union in accordance with Regulation (EC) No 1013/2006 and the operations at treatment facilities in accordance with Directive 2008/98/EC and Annex III of this Directive.

2.   Member States shall
  ensure that
  shipments of
  used EEE suspected of being WEEE are carried out
  in accordance with the minimum ▐ requirements in Annex II
  and shall monitor such shipments accordingly
  .

3.   
  In order to ensure the proper functioning of inspections and monitoring, the Commission may adopt, by means of delegated acts in accordance with Article 19 and subject to the conditions of Articles 20 and 21,
  additional rules on inspections and monitoring ▐.

▐

4.
     
  Member States shall create a national register of acknowledged collection and treatment facilities. Only those facilities whose operators comply with the requirements set out in Article 8(3) shall be admitted to that national register. Member States shall make the contents of the register publicly available.

5.
     
  Facility operators shall submit annual proof of their compliance with this Directive to competent authorities, and shall submit reports to competent authorities in accordance with paragraphs 6 and 7 in order to maintain their status as acknowledged treatment facilities.

6.
     
  Operators of collection facilities shall submit reports annually to competent authorities to enable national authorities to compare the volume of collected WEEE with the volume of WEEE actually transferred to recovery or recycling facilities. WEEE shall be transferred exclusively to acknowledged recovery and treatment facilities.

7.
     
  Operators of treatment facilities shall submit reports annually to competent authorities to enable national authorities to compare the amount of WEEE taken back from owners or acknowledged collection facilities with the amount of WEEE actually recovered, recycled or, in accordance with Article 10, exported.

8.
     
  Member States shall ensure that WEEE is handed over exclusively to registered and acknowledged collection, recovery or recycling facilities.

Article 24

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 2, 3, 5, 6, 7, 11, 14, 16, 22, 23 and Annex II by at the latest ... (30). They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 12(2) so that each producer finances only the operations relating to the waste from its own products placed on the market after 13 August 2005, and that the appropriate financial guarantees, as required by Article 12(2), are provided.

When Member States adopt such measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the directives repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

3.   Provided that the objectives set out in this Directive are achieved, Member States may transpose the provisions set out in Articles 8(6), 14(2) and 15 by means of agreements between the competent authorities and the economic sectors concerned. Such agreements shall meet the following requirements:

| (a) | agreements shall be enforceable; |
| --- | --- |

(a)

agreements shall be enforceable;

| (b) | agreements shall specify objectives with the corresponding deadlines; |
| --- | --- |

(b)

agreements shall specify objectives with the corresponding deadlines;

| (c) | agreements shall be published in the national official journal or an official document equally accessible to the public and transmitted to the Commission; |
| --- | --- |

(c)

agreements shall be published in the national official journal or an official document equally accessible to the public and transmitted to the Commission;

| (d) | the results achieved shall be monitored regularly, reported to the competent authorities and the Commission and made available to the public under the conditions set out in the agreement; |
| --- | --- |

(d)

the results achieved shall be monitored regularly, reported to the competent authorities and the Commission and made available to the public under the conditions set out in the agreement;

| (e) | the competent authorities shall ensure that the progress reached under the agreement is examined; |
| --- | --- |

(e)

the competent authorities shall ensure that the progress reached under the agreement is examined;

| (f) | in the event of non-compliance with the agreement, Member States must implement the relevant provisions of this Directive by legislative, regulatory or administrative measures. |
| --- | --- |

(f)

in the event of non-compliance with the agreement, Member States must implement the relevant provisions of this Directive by legislative, regulatory or administrative measures.

4.
     
  In addition to the re-examinations provided for in Articles 2 and 7, the Commission shall, by ... (31), submit a report to the European Parliament and the Council based on experience with the application of this Directive. If appropriate, the report shall be accompanied by proposals to amend this Directive.

Article 25

Repeal

Directive 2002/96/EC as amended by the Directives listed in Part A of Annex VI is repealed with effect from ... (32),
  except for Article 5(5) thereof, which is repealed with effect from 31 December 2011,
  without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Part B of Annex VI. References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VII.

Article 26

Entry into force

This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

Article 27

Addressees

This Directive is addressed to the Member States.

Done at

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 306, 16.12.2009, p. 39.

1

(2)  OJ C 141, 29.5.2010, p. 55.

2

(3)  Position of the European Parliament of 3 February 2011.

3

(4)  OJ L 37, 13.2.2003, p. 24.

4

(5)  OJ C 138, 17.5.1993, p. 5.

5

(6)  OJ L 312, 22.11.2008, p. 3.

6

(7)  OJ L 285, 31.10.2009, p. 10.

7

(8)  OJ L 37, 13.2.2003, p. 19.

8

(9)  OJ L 266, 26.9.2006, p. 1.

9

(10)  OJ L 286, 31.10.2009, p. 1.

10

(11)  OJ L 161, 14.6.2006, p. 1.

11

(12)  OJ L 24, 29.1.2008, p. 8.

12

(13)  OJ L 118, 27.4.2001, p. 41.

13

(14)  OJ L 396, 30.12.2006, p. 1.

14

(15)  
  5 years after the entry into force of this Directive.

15

5 years after the entry into force of this Directive.

(16)  

  OJ L 169, 12.7.1993, p. 1.

16

OJ L 169, 12.7.1993, p. 1.

(17)  

  OJ L 331, 7.12.1998, p. 1.

17

OJ L 331, 7.12.1998, p. 1.

(18)  OJ L 144, 4.6.1997, p. 19.

18

(19)  
  18 months after the entry into force of this Directive.

19

18 months after the entry into force of this Directive.

(20)  
  6 months after the entry into force of this Directive.

20

6 months after the entry into force of this Directive.

(21)  OJ L 342, 22.12.2009, p. 1.

21

(22)  OJ L 190, 12.7.2006, p. 1.

22

(23)  OJ L 316, 4.12.2007, p. 6.

23

(24)  
  18 months from the date of entry into force of this Directive.

24

18 months from the date of entry into force of this Directive.

(25)  
  12 months after the entry into force of this Directive.

25

12 months after the entry into force of this Directive.

(26)  
  12 months after entry into force of this Directive.

26

12 months after entry into force of this Directive.

(27)  Adopted by CENELEC in March 2006.

27

(28)  OJ L 78, 16.3.2004, p. 56.

28

(29)  OJ L 119, 11.5.2005, p. 13.

29

(30)  18 months after the entry into force of this Directive.

30

(31)  
  5 years after the entry into force of this Directive.

31

5 years after the entry into force of this Directive.

(32)  18 months plus 1 day after the entry into force of this Directive.

32

---

Thursday 3 February 2011ANNEX IA

Categories of equipment for the purposes of determining recovery targets laid down in Article 11

| (1) | Cooling appliances and radiators, |
| --- | --- |

(1)

| (2) | Screens and monitors, |
| --- | --- |

(2)

| (3) | Lamps, |
| --- | --- |

(3)

| (4) | Large appliances other than cooling appliances and radiators, screens and monitors and lamps. Large appliances are all those appliances which are not in principle movable or which are intended in principle to remain in their place of use for the duration of their service life, |
| --- | --- |

(4)

| (5) | Small appliances other than cooling appliances and radiators, screens and monitors and lamps and IT and telecommunication equipment. Small appliances are all those appliances which are in principle movable and which are not intended in principle to remain in their place of use for the duration of their service life, |
| --- | --- |

(5)

| (6) | Small IT and telecommunications equipment. |
| --- | --- |

(6)

---

Thursday 3 February 2011ANNEX IB

Non-exhaustive list of appliances that fall into the categories in Annex IA

1.
     
  Cooling appliances and radiators

| — | Refrigerators |
| --- | --- |

—

Refrigerators

| — | Freezers |
| --- | --- |

—

Freezers

| — | Appliances for the automatic dispensing or sale of cold products |
| --- | --- |

—

Appliances for the automatic dispensing or sale of cold products

| — | Air-conditioning appliances |
| --- | --- |

—

Air-conditioning appliances

| — | Oil-containing radiators and other heat-exchange devices using heat-transfer media other than water (e.g. heat pumps and dehumidifiers) |
| --- | --- |

—

Oil-containing radiators and other heat-exchange devices using heat-transfer media other than water (e.g. heat pumps and dehumidifiers)

2.
     
  Screens and monitors

| — | Screens |
| --- | --- |

—

Screens

| — | Television sets |
| --- | --- |

—

Television sets

| — | Digital picture frames |
| --- | --- |

—

Digital picture frames

| — | Monitors |
| --- | --- |

—

Monitors

3.
     
  Lamps

| — | Straight fluorescent lamps |
| --- | --- |

—

Straight fluorescent lamps

| — | Compact fluorescent lamps |
| --- | --- |

—

Compact fluorescent lamps

| — | High-intensity discharge lamps, including pressure sodium lamps and metal halide lamps |
| --- | --- |

—

High-intensity discharge lamps, including pressure sodium lamps and metal halide lamps

| — | Low-pressure sodium lamps |
| --- | --- |

—

Low-pressure sodium lamps

| — | LED lamps |
| --- | --- |

—

LED lamps

4.
     
  Large appliances

| — | Large appliances used for cooking and other processing of foods (e.g. hot plates, ovens, stoves, microwaves, fixed coffee machines) |
| --- | --- |

—

Large appliances used for cooking and other processing of foods (e.g. hot plates, ovens, stoves, microwaves, fixed coffee machines)

| — | Extractor hoods |
| --- | --- |

—

Extractor hoods

| — | Large machines for cleaning (e.g. washing machines, clothes dryers, dishwashers) |
| --- | --- |

—

Large machines for cleaning (e.g. washing machines, clothes dryers, dishwashers)

| — | Large heating appliances (e.g. large heat blowers, electric stoves, systems for heating marble and natural stone and other large appliances for heating rooms, beds and seating furniture) |
| --- | --- |

—

Large heating appliances (e.g. large heat blowers, electric stoves, systems for heating marble and natural stone and other large appliances for heating rooms, beds and seating furniture)

| — | Large body-care appliances (e.g. solariums, saunas, massage chairs) |
| --- | --- |

—

Large body-care appliances (e.g. solariums, saunas, massage chairs)

| — | Large IT and telecommunications appliances (e.g. mainframes, servers, fixed network installations and appliances, printers, copiers, coin-operated telephones) |
| --- | --- |

—

Large IT and telecommunications appliances (e.g. mainframes, servers, fixed network installations and appliances, printers, copiers, coin-operated telephones)

| — | Large sports and leisure appliances (e.g. sports equipment with electrical or electronic components, slot machines) |
| --- | --- |

—

Large sports and leisure appliances (e.g. sports equipment with electrical or electronic components, slot machines)

| — | Large luminaires and other appliances for spreading or controlling light |
| --- | --- |

—

Large luminaires and other appliances for spreading or controlling light

| — | Large electrical and electronic industrial tools and machinery except large-scale stationary industrial tools and non-road mobile machinery intended exclusively for professional users |
| --- | --- |

—

Large electrical and electronic industrial tools and machinery except large-scale stationary industrial tools and non-road mobile machinery intended exclusively for professional users

| — | Large appliances for generating or transferring current (e.g. generators, transformers, uninterruptable power supplies (UPS), inverters) |
| --- | --- |

—

Large appliances for generating or transferring current (e.g. generators, transformers, uninterruptable power supplies (UPS), inverters)

| — | Large medical devices |
| --- | --- |

—

Large medical devices

| — | Large monitoring and control instruments |
| --- | --- |

—

Large monitoring and control instruments

| — | Large measuring instruments and installations (e.g. scales, fixed machines) |
| --- | --- |

—

Large measuring instruments and installations (e.g. scales, fixed machines)

| — | Large appliances for automated product sales or dispensing and for the automated provision of simple services (e.g. product dispensers, cash machines, machines for the return of empties, photo machines) |
| --- | --- |

—

Large appliances for automated product sales or dispensing and for the automated provision of simple services (e.g. product dispensers, cash machines, machines for the return of empties, photo machines)

5.
     
  Small appliances

| — | Small appliances used for cooking and other processing of foods (e.g. toasters, hotplates, electric knives, immersion coils, chopping machines) |
| --- | --- |

—

Small appliances used for cooking and other processing of foods (e.g. toasters, hotplates, electric knives, immersion coils, chopping machines)

| — | Small cleaning appliances (e.g. vacuum cleaners, irons, etc.) |
| --- | --- |

—

Small cleaning appliances (e.g. vacuum cleaners, irons, etc.)

| — | Fans, air fresheners |
| --- | --- |

—

Fans, air fresheners

| — | Small heating appliances (e.g. electric blankets) |
| --- | --- |

—

Small heating appliances (e.g. electric blankets)

| — | Clocks and watches and other time-measuring instruments |
| --- | --- |

—

Clocks and watches and other time-measuring instruments

| — | Small body-care appliances (e.g. shaving equipment, toothbrushes, hairdryers, massage machines) |
| --- | --- |

—

Small body-care appliances (e.g. shaving equipment, toothbrushes, hairdryers, massage machines)

| — | Cameras |
| --- | --- |

—

Cameras

| — | Consumer electronics appliances (e.g. radios, audio amplifiers, car radios, DVD players) |
| --- | --- |

—

Consumer electronics appliances (e.g. radios, audio amplifiers, car radios, DVD players)

| — | Musical instruments and sound equipment (e.g. amplifiers, mixing desks, headphones and speakers, microphones) |
| --- | --- |

—

Musical instruments and sound equipment (e.g. amplifiers, mixing desks, headphones and speakers, microphones)

| — | Small luminaires and other appliances for spreading or controlling light |
| --- | --- |

—

Small luminaires and other appliances for spreading or controlling light

| — | Toys (e.g. model railways, model aircraft, etc.) |
| --- | --- |

—

Toys (e.g. model railways, model aircraft, etc.)

| — | Small items of sports equipment (e.g. computers for biking, diving, running, rowing, etc.) |
| --- | --- |

—

Small items of sports equipment (e.g. computers for biking, diving, running, rowing, etc.)

| — | Small leisure appliances (e.g. video games, fishing and golf equipment etc.) |
| --- | --- |

—

Small leisure appliances (e.g. video games, fishing and golf equipment etc.)

| — | Electrical and electronic tools including gardening equipment (e.g. drills, saws, pumps, lawn-mowers) |
| --- | --- |

—

Electrical and electronic tools including gardening equipment (e.g. drills, saws, pumps, lawn-mowers)

| — | Small appliances for generating or transferring current (e.g. generators, battery chargers, uninterruptable power supplies (UPS), converters) |
| --- | --- |

—

Small appliances for generating or transferring current (e.g. generators, battery chargers, uninterruptable power supplies (UPS), converters)

| — | Small medical devices including veterinary devices |
| --- | --- |

—

Small medical devices including veterinary devices

| — | Small monitoring and control instruments (e.g. smoke detectors, heating regulators, thermostats, movement detectors, monitoring appliances and products, remote handling and control devices) |
| --- | --- |

—

Small monitoring and control instruments (e.g. smoke detectors, heating regulators, thermostats, movement detectors, monitoring appliances and products, remote handling and control devices)

| — | Small measuring appliances (e.g. scales, display devices, telemeters, thermometers) |
| --- | --- |

—

Small measuring appliances (e.g. scales, display devices, telemeters, thermometers)

| — | Small appliances for automated product sales or dispensing |
| --- | --- |

—

Small appliances for automated product sales or dispensing

6.
     
  Small IT and telecommunications equipment

| — | Laptops |
| --- | --- |

—

Laptops

| — | Notebook computers |
| --- | --- |

—

Notebook computers

| — | Small IT and telecommunications appliances (e.g. PCs, printers, pocket calculators, telephones, mobile phones routers, radio equipment, baby phones, video projectors). |
| --- | --- |

—

Small IT and telecommunications appliances (e.g. PCs, printers, pocket calculators, telephones, mobile phones routers, radio equipment, baby phones, video projectors).

---

Thursday 3 February 2011ANNEX II

Minimum ▐ requirements for shipments of
  used EEE

| 1. | In order to distinguish between EEE and WEEE, where the holder of the object claims that he intends to ship or is shipping used EEE and not WEEE, Member State authorities shall request the following to back up this claim:






  a) | a copy of the invoice and contract relating to the sale and/or transfer of ownership of the EEE which states that the equipment is for direct re-use and fully functional; |
| --- | --- | --- |

1.

In order to distinguish between EEE and WEEE, where the holder of the object claims that he intends to ship or is shipping used EEE and not WEEE, Member State authorities shall request the following to back up this claim:

a)

a copy of the invoice and contract relating to the sale and/or transfer of ownership of the EEE which states that the equipment is for direct re-use and fully functional;

| b) | evidence of evaluation or testing in the form of a copy of the records (certificate of testing, proof of functionality) on every item within the consignment and a protocol containing all record information according to point 2; |
| --- | --- |

b)

evidence of evaluation or testing in the form of a copy of the records (certificate of testing, proof of functionality) on every item within the consignment and a protocol containing all record information according to point 2;

| c) | a declaration made by the holder who arranges the transport of the EEE that none of the material or equipment within the consignment is waste as defined by Article 3(1) of Directive 2008/98/EC, and |
| --- | --- |

c)

a declaration made by the holder who arranges the transport of the EEE that none of the material or equipment within the consignment is waste as defined by Article 3(1) of Directive 2008/98/EC, and

| d) | sufficient packaging
  and appropriate stacking of the load
  to protect the shipped products from damage during transportation, loading and unloading. |
| --- | --- |

d)

sufficient packaging
  and appropriate stacking of the load
  to protect the shipped products from damage during transportation, loading and unloading.

Points (a) and (b) shall not apply if the used EEE is returned to the producer as a collective consignment of defective products under warranty and intended for re-use.

| 2. | In order to demonstrate that the items being shipped are used EEE rather than WEEE, Member States shall require the following steps for testing and record keeping for used EEE to be carried out:






  Step 1: | Testing






  a) | Functionality
  must
  be tested and hazardous substances
  must
  be evaluated. The tests
  to
  be conducted depend on the kind of EEE. For most of the used EEE a functionality test of the key functions is sufficient. |
| --- | --- | --- | --- |

2.

In order to demonstrate that the items being shipped are used EEE rather than WEEE, Member States shall require the following steps for testing and record keeping for used EEE to be carried out:

Step 1:

Testing

a)

Functionality
  must
  be tested and hazardous substances
  must
  be evaluated. The tests
  to
  be conducted depend on the kind of EEE. For most of the used EEE a functionality test of the key functions is sufficient.

| b) | Results of evaluation and testing must be recorded. |
| --- | --- |

b)

Results of evaluation and testing must be recorded.

| Step 2: | Record






  a) | The record must be fixed securely but not permanently on either the EEE itself (if not packed) or on the packaging so it can be read without unpacking the equipment. |
| --- | --- | --- |

Step 2:

Record

a)

The record must be fixed securely but not permanently on either the EEE itself (if not packed) or on the packaging so it can be read without unpacking the equipment.

| b) | The record shall contain the following information:






  — | Name of item (Name of the equipment according to
  Annex IB
  and category according to
  Annex IA
  ); |
| --- | --- | --- |

b)

The record shall contain the following information:

—

Name of item (Name of the equipment according to
  Annex IB
  and category according to
  Annex IA
  );

| — | Identification Number of the item (type no.); |
| --- | --- |

—

Identification Number of the item (type no.);

| — | Year of Production (if available); |
| --- | --- |

—

Year of Production (if available);

| — | Name and address of the company responsible for evidence of functionality; |
| --- | --- |

—

Name and address of the company responsible for evidence of functionality;

| — | Result of tests as described in step 1; |
| --- | --- |

—

Result of tests as described in step 1;

| — | Kind of tests performed. |
| --- | --- |

—

Kind of tests performed.

| 3. | In addition to the documents requested in point 1, every load (e. g. shipping container, lorry) of used EEE must be accompanied by a:






  a) | CMR document, |
| --- | --- | --- |

3.

In addition to the documents requested in point 1, every load (e. g. shipping container, lorry) of used EEE must be accompanied by a:

a)

CMR document,

| b) | declaration of the liable person on its responsibility. |
| --- | --- |

b)

declaration of the liable person on its responsibility.

| 4. | In the absence of
  the
  appropriate documentation required in points 1 and 3
  , or of appropriate
  packaging
  or of appropriate stacking of the load
  ,
  which it is the responsibility of the holder of an appliance intended for shipment to provide,
  Member State authorities shall presume that an item is hazardous WEEE and presume that the load comprises an illegal shipment. In these circumstances the relevant competent authorities will be informed and the load will be dealt with in accordance with Articles 24 and 25 of the Regulation (EC) No 1013/2006. ▐ |
| --- | --- |

4.

In the absence of
  the
  appropriate documentation required in points 1 and 3
  , or of appropriate
  packaging
  or of appropriate stacking of the load
  ,
  which it is the responsibility of the holder of an appliance intended for shipment to provide,
  Member State authorities shall presume that an item is hazardous WEEE and presume that the load comprises an illegal shipment. In these circumstances the relevant competent authorities will be informed and the load will be dealt with in accordance with Articles 24 and 25 of the Regulation (EC) No 1013/2006. ▐

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Thursday 3 February 2011ANNEX III

Selective treatment for materials and components of WEEE referred to in Article 8(2)

| 1. | As a minimum the following substances, preparations and components have to be removed from any separately collected WEEE:






  — | polychlorinated biphenyls (PCB) containing capacitors in accordance with Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (1), |
| --- | --- | --- |

1.

As a minimum the following substances, preparations and components have to be removed from any separately collected WEEE:

—

polychlorinated biphenyls (PCB) containing capacitors in accordance with Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (1),

| — | mercury containing components, such as switches or backlighting lamps, |
| --- | --- |

—

mercury containing components, such as switches or backlighting lamps,

| — | batteries, |
| --- | --- |

—

batteries,

| — | printed circuit boards of mobile phones generally, and of other devices if the surface of the printed circuit board is greater than 10 square centimetres, |
| --- | --- |

—

printed circuit boards of mobile phones generally, and of other devices if the surface of the printed circuit board is greater than 10 square centimetres,

| — | toner cartridges, liquid and pasty, as well as colour toner, |
| --- | --- |

—

toner cartridges, liquid and pasty, as well as colour toner,

| — | plastic containing brominated flame retardants, |
| --- | --- |

—

plastic containing brominated flame retardants,

| — | asbestos waste and components which contain asbestos, |
| --- | --- |

—

asbestos waste and components which contain asbestos,

| — | cathode ray tubes, |
| --- | --- |

—

cathode ray tubes,

| — | chlorofluorocarbons (CFC), hydrochlorofluorocarbons (HCFC) or hydrofluorocarbons (HFC), hydrocarbons (HC), |
| --- | --- |

—

chlorofluorocarbons (CFC), hydrochlorofluorocarbons (HCFC) or hydrofluorocarbons (HFC), hydrocarbons (HC),

| — | gas discharge lamps, |
| --- | --- |

—

gas discharge lamps,

| — | liquid crystal displays (together with their casing where appropriate) of a surface greater than 100 square centimetres and all those back-lighted with gas discharge lamps, |
| --- | --- |

—

liquid crystal displays (together with their casing where appropriate) of a surface greater than 100 square centimetres and all those back-lighted with gas discharge lamps,

| — | external electric cables, |
| --- | --- |

—

external electric cables,

| — | components containing refractory ceramic fibres as described in Commission Directive 97/69/EC of 5 December 1997 adapting to technical progress Council Directive 67/548/EEC relating to the classification, packaging and labelling of dangerous substances (2), |
| --- | --- |

—

components containing refractory ceramic fibres as described in Commission Directive 97/69/EC of 5 December 1997 adapting to technical progress Council Directive 67/548/EEC relating to the classification, packaging and labelling of dangerous substances (2),

| — | components containing radioactive substances with the exception of components that are below the exemption thresholds set in Article 3 of and Annex I to Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (3), |
| --- | --- |

—

components containing radioactive substances with the exception of components that are below the exemption thresholds set in Article 3 of and Annex I to Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (3),

| — | electrolyte capacitors containing substances of concern (height > 25 mm, diameter > 25 mm or proportionately similar volume). |
| --- | --- |

—

electrolyte capacitors containing substances of concern (height > 25 mm, diameter > 25 mm or proportionately similar volume).

These substances, preparations and components shall be disposed of or recovered in compliance with Article 4 of Council Directive 75/442/EEC.

| 2. | The following components of WEEE that is separately collected have to be treated as indicated:






  — | cathode ray tubes: The fluorescent coating has to be removed, |
| --- | --- | --- |

2.

The following components of WEEE that is separately collected have to be treated as indicated:

—

cathode ray tubes: The fluorescent coating has to be removed,

| — | equipment containing gases that are ozone depleting or have a global warming potential (GWP) above 15, such as those contained in foams and refrigeration circuits: the gases must be properly extracted and properly treated. Ozone-depleting gases must be treated in accordance with Regulation (EC) No 1005/2009; |
| --- | --- |

—

equipment containing gases that are ozone depleting or have a global warming potential (GWP) above 15, such as those contained in foams and refrigeration circuits: the gases must be properly extracted and properly treated. Ozone-depleting gases must be treated in accordance with Regulation (EC) No 1005/2009;

| — | gas discharge lamps: The mercury has to be removed. |
| --- | --- |

—

gas discharge lamps: The mercury has to be removed.

| 3. | Taking into account environmental considerations and the desirability of re-use and recycling, paragraphs 1 and 2 shall be applied in such a way that environmentally-sound re-use and recycling of components or whole appliances is not hindered. |
| --- | --- |

3.

Taking into account environmental considerations and the desirability of re-use and recycling, paragraphs 1 and 2 shall be applied in such a way that environmentally-sound re-use and recycling of components or whole appliances is not hindered.

---

(1)  OJ L 243, 24.9.1996, p. 31.

(2)  OJ L 343, 13.12.1997, p. 19.

(3)  OJ L 159, 29.6.1996, p. 1.

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Thursday 3 February 2011ANNEX IV

Technical requirements referred to in Article 8(3)

| 1. | Sites for storage (including temporary storage) of WEEE prior to their treatment (without prejudice to the requirements of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (1)):






  — | impermeable surfaces for appropriate areas with the provision of spillage collection facilities and, where appropriate, decanters and cleanser-degreasers, |
| --- | --- | --- |

1.

Sites for storage (including temporary storage) of WEEE prior to their treatment (without prejudice to the requirements of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (1)):

—

impermeable surfaces for appropriate areas with the provision of spillage collection facilities and, where appropriate, decanters and cleanser-degreasers,

| — | weatherproof covering for appropriate areas. |
| --- | --- |

—

weatherproof covering for appropriate areas.

| 2. | Sites for treatment of WEEE:






  — | balances to measure the weight of the treated waste, |
| --- | --- | --- |

2.

Sites for treatment of WEEE:

—

balances to measure the weight of the treated waste,

| — | impermeable surfaces and waterproof covering for appropriate areas with the provision of spillage collection facilities and, where appropriate, decanters and cleanser-degreasers, |
| --- | --- |

—

impermeable surfaces and waterproof covering for appropriate areas with the provision of spillage collection facilities and, where appropriate, decanters and cleanser-degreasers,

| — | appropriate storage for disassembled spare parts, |
| --- | --- |

—

appropriate storage for disassembled spare parts,

| — | appropriate containers for storage of batteries, PCBs/PCTs containing capacitors and other hazardous waste such as radioactive waste, |
| --- | --- |

—

appropriate containers for storage of batteries, PCBs/PCTs containing capacitors and other hazardous waste such as radioactive waste,

| — | equipment for the treatment of water in compliance with health and environmental regulations. |
| --- | --- |

—

equipment for the treatment of water in compliance with health and environmental regulations.

---

(1)  OJ L 182, 16.7.1999, p. 1.

---

Thursday 3 February 2011ANNEX V

Symbol for the marking of EEE

The symbol indicating separate collection for EEE consists of the crossed-out wheeled bin, as shown below. The symbol must be printed visibly, legibly and indelibly.

Image

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Thursday 3 February 2011ANNEX VI

Part A

Repealed Directive with its successive amendments

(referred to in Article 25)

| Directive 2002/96/EC | (OJ L 37, 13.02.2003, p. 24) |
| --- | --- |
| Directive 2003/108/EC of the European Parliament and of the Council | (OJ L 345, 31.12.2003, p. 106) |
| Directive 2008/34/EC of the European Parliament and of the Council | (OJ L 81, 20.03.2008, p. 65) |

Directive 2002/96/EC

(OJ L 37, 13.02.2003, p. 24)

Directive 2003/108/EC of the European Parliament and of the Council

(OJ L 345, 31.12.2003, p. 106)

Directive 2008/34/EC of the European Parliament and of the Council

(OJ L 81, 20.03.2008, p. 65)

Part B

List of time-limits for transposition into national law

(referred to in Article 25)

| Directive | Deadline for transposition |
| --- | --- |
| 2002/96/EC | 13 August 2004 |
| 2003/108/EC | 13 August 2004 |
| 2008/34/EC | — |

Directive

Deadline for transposition

2002/96/EC

13 August 2004

2003/108/EC

13 August 2004

2008/34/EC

—

---

Thursday 3 February 2011ANNEX VII

Correlation table (1)

| Directive 2002/96/EC | This Directive |
| --- | --- |
| Article 1 | — |
| — | Article 1 |
| Article 2(1) | Article 2(1) |
| Article 2(2) | Article 2(2) |
| — | Article 2(3), introductory wording |
| Article 2(3) | Article 2(3)(a) |
| Article 2(1) partly | Article 2(3)(b) |
| — | Article 2(3)(c) |
| Annex IB, point 5 | Article 2(3)(d) |
| Annex IB, point 8 | Article 2(3)(e) |
| — | Article 2(4) |
| Article 3(a) to (d) | Article 3(a) to (d) |
| — | Article 3(e) |
| Article 3(e) | Article 3(f) |
| Article 3(f) | Article 3(g) |
| Article 3(g) | Article 3(h) |
| Article 3(h) | Article 3(i) |
| Article 3(i) | Article 3(j) |
| Article 3(j) | Article 3(k) |
| Article 3(k) | Article 3(l) |
| Article 3(l) | — |
| — | Article 3(m) |
| Article 3(m) | Article 3(n) |
| — | Article 3(o) to (s) |
| Article 4 | Article 4 |
| Article 5(1) to (3) | Article 5(1) to (3) |
| — | Article 6(1) |
| Article 5(4) | Article 6(2) |
| Article 5(5) | — |
| — | Article 7 |
| — | Article 8(1) |
| Article 6(1), first and second subparagraphs, and (3) | Article 8(2), (3) and (4), first subparagraph and second subparagraph, first sentence |
| Annex II (4) | Article 8(4), second subparagraph, second sentence |
| Article 6(1), third subparagraph | Article 8(5) |
| Article 6(6) | Article 8(6) |
| Article 6(2) | Article 9 (1) and (2) |
| Article 6(4) | Article 9(3) |
| Article 6(5) | Article 10(1) and (2) |
| — | Article 10(3) |
| Article 7(1) | — |
| Article 7(2) | Article 11(1) |
| — | Article11(2) |
| Article 7(3), first subparagraph | Article 11(3) |
| Article 7(3), second subparagraph | — |
| Article 7(4) | — |
| Article 7(5) | Article 11(4) |
| Article 8(1) | Article 12(1) |
| Article 8(2), first and second subparagraphs | Article 12(2), first and second subparagraphs |
| Article 8(2), third subparagraph | — |
| Article 8(3) first subparagraph | Article 12(3), first subparagraph |
| Article 8(3) second subparagraph | — |
| Article 8(4) | — |
| Article 9(1), first subparagraph | Article 13(1), first subparagraph |
| Article 9(1), second subparagraph | — |
| Article 9(1), third subparagraph | Article 13(1), second subparagraph |
| Article 9(1), fourth subparagraph | Article 13(1), third subparagraph |
| Article 9(2) | Article 13(2) |
| — | Article 14(1) |
| Article 10(1) | Article 14(2) |
| Article 10(2) | Article 14(3) |
| Article 10(3) | Article 14(4) |
| Article 10(4) | Article 14(5) |
| Articles 11 | Articles 15 |
| — | Article 16(1) to (4) |
| Article 12(1), first subparagraph | Article 16(5) |
| Article 12(1), second, third and fourth subparagraphs | — |
| Article 12(2) | Article 16(6) |
| Article 13 | Article 18 |
| Article 14 | Article 19 |
| Article 15 | Article 22 |
| Article 16 | Article 23(1), first subparagraph |
| — | Article 23(1), second subparagraph |
| — | Article 23(2) and (3) |
| Article 17(1) to (3) | Article 24(1) to (3) |
| Article 17(4) | — |
| — | Article 25 |
| Article 18 | Article 26 |
| Article 19 | Article 27 |
| Annex IA | — |
| Annex IB | — |
| — | Annex III |
| Annexes II to IV | Annexes IV to VI |
| — | Annex VII |
| — | Annex VIII |

Directive 2002/96/EC

This Directive

Article 1

—

—

Article 1

Article 2(1)

Article 2(1)

Article 2(2)

Article 2(2)

—

Article 2(3), introductory wording

Article 2(3)

Article 2(3)(a)

Article 2(1) partly

Article 2(3)(b)

—

Article 2(3)(c)

Annex IB, point 5

Article 2(3)(d)

Annex IB, point 8

Article 2(3)(e)

—

Article 2(4)

Article 3(a) to (d)

Article 3(a) to (d)

—

Article 3(e)

Article 3(e)

Article 3(f)

Article 3(f)

Article 3(g)

Article 3(g)

Article 3(h)

Article 3(h)

Article 3(i)

Article 3(i)

Article 3(j)

Article 3(j)

Article 3(k)

Article 3(k)

Article 3(l)

Article 3(l)

—

—

Article 3(m)

Article 3(m)

Article 3(n)

—

Article 3(o) to (s)

Article 4

Article 4

Article 5(1) to (3)

Article 5(1) to (3)

—

Article 6(1)

Article 5(4)

Article 6(2)

Article 5(5)

—

—

Article 7

—

Article 8(1)

Article 6(1), first and second subparagraphs, and (3)

Article 8(2), (3) and (4), first subparagraph and second subparagraph, first sentence

Annex II (4)

Article 8(4), second subparagraph, second sentence

Article 6(1), third subparagraph

Article 8(5)

Article 6(6)

Article 8(6)

Article 6(2)

Article 9 (1) and (2)

Article 6(4)

Article 9(3)

Article 6(5)

Article 10(1) and (2)

—

Article 10(3)

Article 7(1)

—

Article 7(2)

Article 11(1)

—

Article11(2)

Article 7(3), first subparagraph

Article 11(3)

Article 7(3), second subparagraph

—

Article 7(4)

—

Article 7(5)

Article 11(4)

Article 8(1)

Article 12(1)

Article 8(2), first and second subparagraphs

Article 12(2), first and second subparagraphs

Article 8(2), third subparagraph

—

Article 8(3) first subparagraph

Article 12(3), first subparagraph

Article 8(3) second subparagraph

—

Article 8(4)

—

Article 9(1), first subparagraph

Article 13(1), first subparagraph

Article 9(1), second subparagraph

—

Article 9(1), third subparagraph

Article 13(1), second subparagraph

Article 9(1), fourth subparagraph

Article 13(1), third subparagraph

Article 9(2)

Article 13(2)

—

Article 14(1)

Article 10(1)

Article 14(2)

Article 10(2)

Article 14(3)

Article 10(3)

Article 14(4)

Article 10(4)

Article 14(5)

Articles 11

Articles 15

—

Article 16(1) to (4)

Article 12(1), first subparagraph

Article 16(5)

Article 12(1), second, third and fourth subparagraphs

—

Article 12(2)

Article 16(6)

Article 13

Article 18

Article 14

Article 19

Article 15

Article 22

Article 16

Article 23(1), first subparagraph

—

Article 23(1), second subparagraph

—

Article 23(2) and (3)

Article 17(1) to (3)

Article 24(1) to (3)

Article 17(4)

—

—

Article 25

Article 18

Article 26

Article 19

Article 27

Annex IA

—

Annex IB

—

—

Annex III

Annexes II to IV

Annexes IV to VI

—

Annex VII

—

Annex VIII

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(1)  The correlation table has not yet been changed to reflect Parliament's position. It will be updated once an agreement between Parliament and Council has been reached.

---