# Official Journal C 387/25 O

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 387 |
| | |
| English edition | Information and Notices | Volume 6125 October 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 387

English edition

Information and Notices

Volume 6125 October 2018

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| Contents | page |
| --- | --- |
| | I   Resolutions, recommendations and opinions |
| | OPINIONS |
| | Committee of the Regions |
| | 130th CoR Plenary Session, 4.7.2018-5.7.2018 |
| 2018/C 387/01 | Opinion of the European Committee of the Regions — Eastern Partnership deliverables for 2020: The contribution of local and regional authorities | 1 |
| 2018/C 387/02 | Opinion of the European Committee of the Regions — Action Plan to support the protection of public spaces | 5 |
| 2018/C 387/03 | Opinion of the European Committee of the Regions — Implementation assessment of the Urban Agenda for the EU | 8 |
| 2018/C 387/04 | Opinion of the European Committee of the Regions — Boosting growth and cohesion in EU border regions | 14 |
| 2018/C 387/05 | Opinion of the European Committee of the Regions — Local and regional incentives to promote healthy and sustainable diets | 21 |
| 2018/C 387/06 | Opinion of the European Committee of the Regions — Proposals for reform of the Economic and Monetary Union (December 2017) | 27 |
| 2018/C 387/07 | Opinion of the European Committee of the Regions — Public procurement package | 37 |
| 2018/C 387/08 | Outlook opinion of the European Committee of the Regions — Climate governance after 2020: a European and global perspective — a contribution to the UNFCCC COP24 | 42 |

Contents

page

I   Resolutions, recommendations and opinions

OPINIONS

Committee of the Regions

130th CoR Plenary Session, 4.7.2018-5.7.2018

2018/C 387/01

Opinion of the European Committee of the Regions — Eastern Partnership deliverables for 2020: The contribution of local and regional authorities

1

2018/C 387/02

Opinion of the European Committee of the Regions — Action Plan to support the protection of public spaces

5

2018/C 387/03

Opinion of the European Committee of the Regions — Implementation assessment of the Urban Agenda for the EU

8

2018/C 387/04

Opinion of the European Committee of the Regions — Boosting growth and cohesion in EU border regions

14

2018/C 387/05

Opinion of the European Committee of the Regions — Local and regional incentives to promote healthy and sustainable diets

21

2018/C 387/06

Opinion of the European Committee of the Regions — Proposals for reform of the Economic and Monetary Union (December 2017)

27

2018/C 387/07

Opinion of the European Committee of the Regions — Public procurement package

37

2018/C 387/08

Outlook opinion of the European Committee of the Regions — Climate governance after 2020: a European and global perspective — a contribution to the UNFCCC COP24

42

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| | III   Preparatory acts |
| --- | --- |
| | COURT OF AUDITORS |
| | 130th CoR Plenary Session, 4.7.2018-5.7.2018 |
| 2018/C 387/09 | Opinion of the European Committee of the Regions — Unfair trading practices in the food supply chain | 48 |
| 2018/C 387/10 | Opinion of the European Committee of the Regions — Transparent and predictable working conditions in the European Union | 53 |
| 2018/C 387/11 | Opinion of the European Committee of the Regions — Delivering on low-emission mobility | 70 |

III   Preparatory acts

COURT OF AUDITORS

130th CoR Plenary Session, 4.7.2018-5.7.2018

2018/C 387/09

Opinion of the European Committee of the Regions — Unfair trading practices in the food supply chain

48

2018/C 387/10

Opinion of the European Committee of the Regions — Transparent and predictable working conditions in the European Union

53

2018/C 387/11

Opinion of the European Committee of the Regions — Delivering on low-emission mobility

70

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| EN | |
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EN

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I Resolutions, recommendations and opinions

OPINIONS

Committee of the Regions

130th CoR Plenary Session, 4.7.2018-5.7.2018

| 25.10.2018 | EN | Official Journal of the European Union | C 387/1 |
| --- | --- | --- | --- |

25.10.2018

EN

Official Journal of the European Union

C 387/1

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Opinion of the European Committee of the Regions — Eastern Partnership deliverables for 2020: The contribution of local and regional authorities

(2018/C 387/01)

| Rapporteur: | Sören HERBST (DE/EPP), Member of Magdeburg City Council |
| --- | --- |
| Reference document: | Joint Declaration of the Eastern Partnership Summit of 24 November 2017, Annex 1 — 20 Deliverables for 2020 |

Rapporteur:

Sören HERBST (DE/EPP), Member of Magdeburg City Council

Reference document:

Joint Declaration of the Eastern Partnership Summit of 24 November 2017, Annex 1 — 20 Deliverables for 2020

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

General comments

| 1. | welcomes the adoption of the 20 deliverables for 2020 in the joint declaration of the Eastern Partnership (EaP) Summit held in Brussels on 24 November 2017, and also welcomes the fact that the declaration highlights local and regional authorities as active promoters of the Partnership’s objectives, through their participation in the Conference of Regional and Local Authorities for the Eastern Partnership (CORLEAP); |
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1.

| 2. | welcomes the new institutional structure for the implementation of these ‘20 deliverables for 2020’ launched on 12 March 2018 and structured to deliver a stronger economy, a stronger governance, a stronger connectivity and a stronger society to these countries, in addition to some cross cutting issues; |
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2.

| 3. | stresses that differentiated cooperation between the EU and the six individual EaP countries plays a decisive role in the democratic, economic and civil society development of these countries, which are similar in many ways, as well as being sometimes drastically different in all areas of politics, the economy and society; |
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3.

| 4. | points out that, thanks to their closeness to the grassroots and the reform of local self-government in the EaP countries, local and regional authorities have a decisive role to play in the successful implementation of the 20 deliverables for 2020; |
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4.

| 5. | notes that the illegal annexation of Crimea by the Russian Federation and the Russian-backed conflict in the Donetsk and Luhansk regions of Ukraine have had serious social consequences for the Ukrainian population and for the state as a whole that can only be overcome with the support of the EU and the Western partners; |
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5.

| 6. | recalls that unfortunately Ukraine is not the only country of the EaP with conflicts either with other countries of the EaP, or with a third country; therefore, reiterates the EU’s support for the independence, sovereignty and territorial integrity of all Partner Countries, and its full adherence to all principles, purposes and commitments enshrined in the 1975 Helsinki Final Act, the 1990 Charter of Paris and the UN Charter; |
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6.

| 7. | calls for renewed efforts to promote the peaceful settlement of unresolved conflicts in the region on the basis of the principles and norms of international law; the resolution of conflicts, building trust and good neighbourly relations are essential to economic and social development and cooperation; |
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7.

Strengthening institutions and good governance

| 8. | points out that local self-government reform, which will strengthen state institutions and good governance, is one of the priorities in the EaP countries. The European Charter of Local Self-Government was signed by Moldova and Ukraine in 1997, Armenia and Azerbaijan in 2002, and Georgia in 2004. Belarus is not a member of the Council of Europe and has not signed the Charter; |
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8.

| 9. | calls for efficient decentralisation reforms to be accompanied by effective anti-corruption measures on all levels of government, in order to ensure that stronger and trustworthy governance impacts positively on citizens’ daily lives; |
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9.

| 10. | welcomes the explicit reference to the implementation of public administration reforms in the 20 deliverables for 2020, and believes that official statistics that are compiled at local and regional level and provide high-quality statistical information should be provided as open data at local and regional level in the EaP countries; |
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10.

| 11. | stresses that high-quality official statistics help to provide a better understanding of social, economic and environmental contexts and allow for evidence-based political and economic decision-making, as well as promoting civic participation in political processes; calls in this context for practical support in the form of sustainable projects relating to overcoming current difficulties in the acquisition of official statistics, in particular referring to the sub-national level, and draws attention to the Division of Powers website, hosted and developed by the European Committee of the Regions, which provides an overview of levels of institutional and fiscal decentralisation in EU and neighbouring countries; |
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11.

| 12. | points out in this connection that the collection, processing and publication of official statistical information by public authorities in the context of local self-government reform presents significant economic potential, as it not only enables local and regional authorities to accurately assess the economic potential of their territories, but also allows small and medium-sized enterprises (SMEs) to find their niche in the market and generate sustainable economic growth at local and regional level. By providing reliable, high-quality data, it also helps to prevent corruption and to develop effective mechanisms to combat it. Moreover, the data collected provide material for numerous analyses by academic institutions, which in turn will strengthen research in the EaP countries; |
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12.

| 13. | calls for the issue of effective and efficient management of local public budgets to be put on the agenda, and for internal and external audits of local budgets to be required, in order to ensure that public funds are being used correctly and efficiently. Civic participation in the independent audit would bolster local authorities in their capacity to assess their own performance, programmes and quality of service and to adapt them to public demand; |
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13.

| 14. | recommends supporting the promotion of civic participation in the public budgets of local and regional authorities, in the form of participatory budgeting, in order to enable citizens to get involved and participate in the management of public resources, and to express their preferences with regard to public spending; |
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14.

Mobility and people-to-people contacts

| 15. | welcomes the fact that EaP countries can take part in programmes such as Erasmus+, Creative Europe, COSME and Horizon 2020 that offer additional exchange opportunities for universities, administrations, businesses and researchers, and calls for more projects to be undertaken to raise awareness of these programmes at local and regional level, particularly in light of the fact that in some EaP countries international funding programmes are the only platforms for exchange and that some of them have a relatively low success rate for applications; |
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15.

| 16. | calls for efforts to promote (exchange) projects not only in basic science, but also in the humanities, which will contribute to a better understanding of political, social and cultural developments in the EaP countries, allow for exchanges of experience on research methods, and help to integrate researchers into European research structures; |
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16.

| 17. | has concerns regarding the statement in the 20 deliverables for 2020 that networks of universities in EaP countries should focus only on teaching; |
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17.

| 18. | in this regard, strongly recommends not only working to improve teaching in EaP countries’ universities, but also promoting research by means of concrete projects passing on examples of best practice in research methods and academic writing; |
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18.

| 19. | points out in this connection that exchanges between key players such as universities, research institutions, civil society organisations (e.g. think tanks) and SMEs could help develop positive synergies that, in turn, would be of benefit to the entire field of research and innovation; |
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19.

| 20. | agrees that the reform of local government and of decentralisation is having a positive impact on local and regional budgets and has great potential to promote research and innovation at local and regional level; |
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20.

| 21. | suggests that entrepreneurship-related projects should cover not only young people, but also adults, particularly women; |
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21.

| 22. | calls in this connection for concrete measures to develop social entrepreneurship as a form of non-formal education among young people and adults at local and regional level that solves local problems, generates income, creates jobs and promotes social innovation on the ground; |
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22.

| 23. | points out that exchanges should be promoted not only between the EaP countries and with the EU, but also within the individual EaP countries themselves, as these countries are hallmarked by relatively low mobility, which leads to prejudice and stereotypes taking root within a country and paves the way for disinformation; |
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23.

| 24. | considers it particularly necessary to support such internally focused interregional exchange projects in Ukraine, which is affected by ongoing military aggression and constant disinformation from the Russian Federation; |
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24.

Economic development and market opportunities

| 25. | welcomes the fact that the EaP countries can participate in the COSME programme for SMEs; |
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25.

| 26. | stresses, in this connection, that Armenia, Azerbaijan and Georgia are not yet participating in the programme, and that projects in Ukraine, Moldova and Belarus are relatively low in number (between one and eight projects) and are largely restricted to the capital cities; |
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26.

| 27. | strongly believes that this programme should be further expanded and should focus on local and regional SMEs — including those far away from the capital — in the EaP countries. Such programmes will promote SMEs and contribute to sustainable growth at local and regional level; |
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27.

| 28. | highlights how important it is for EU local and regional authorities to promote business associations and professional bodies, along with local and regional chambers (e.g. chambers of industry and commerce, chambers of engineers, etc.), as these institutions facilitate integration into European structures and contribute to a culture of fair competition, which would also help to combat corruption; |
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28.

| 29. | reiterates that social entrepreneurship should be promoted, as it improves economic development at local and regional level and creates new jobs; |
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29.

| 30. | considers it important to support SMEs in the field of innovation and to promote synergies between entrepreneurship and research; |
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30.

| 31. | stresses that it is not enough just to support local and regional authorities in the implementation of economic development strategies, as specified in the 20 deliverables for 2020; rather, there is a need to provide technical support right from the development stage of strategies; |
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31.

Cross-cutting deliverables

| 32. | as stated in the deliverables, expects the countries concerned to step up their efforts to strengthen the rule of law and justice, to guarantee fundamental rights, freedoms and security and to enshrine the protection of minorities and gender equality, including tackling domestic violence; |
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32.

| 33. | underlines its view that civil society in the EaP countries plays a decisive role in the democratic development of society and should be regarded by governments as an important and credible partner; |
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33.

| 34. | points out that, against the background of local government and decentralisation reform, new democratic forces and leaders play an important role in democratic processes and should be supported through targeted measures; |
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34.

| 35. | stresses the need to improve the quality of administrative operations and calls, in this context, for a job-shadowing programme for administrative staff to be set up at local and regional authority level, in order to improve the dissemination of European standards in administrative practice; |
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35.

| 36. | calls, in this context, the Commission to bringing back a modified Local Administration Facility (LAF) as specified in the CoR opinion on the Review of the European Neighbourhood Policy of October 2016 (1); |
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36.

| 37. | strongly recommends supporting research activities within civil society institutions, such as think tanks and research institutions, that enrich policy dialogue through their analyses and facilitate decision-making by key political and economic players in the EaP countries by making practical proposals; |
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37.

| 38. | stresses the particular importance of protecting minorities in all EaP countries, as a key element in enabling individuals to identify with their region and all of its own cultural, social and societal characteristics; |
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38.

| 39. | considers it necessary to support both the development of new and the preservation of existing non-commercial local and regional media and public service broadcasting, in order to promote pluralist discourse, ensure that the populations of EaP countries have access to independent information, support quality journalism, and thus effectively counter disinformation; |
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39.

| 40. | draws attention to the particular situation of the population of Donbas, where the only available analogue broadcasts are channels controlled by the Russian Federation that broadcast mainly propaganda, and therefore calls for the establishment of an EU technical support fund for Ukrainian non-commercial local radio to provide the population of Donbas with independent information, broadcasting from the non-occupied areas; |
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40.

Concluding remarks

| 41. | highlights the special role played by local and regional authorities, which can operate in all areas, and considers it particularly important to promote exchanges between EU local and regional authorities and those in the EaP countries in the form of urban and regional partnerships, as well as between individual authorities within the EaP countries themselves; |
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41.

| 42. | calls in this context for a non-bureaucratic programme to be set up to initiate such partnerships between local and regional authorities in the EU and in the EaP countries; This will provide more opportunities for practical implementation of the objectives of the programme by providing financial support to strengthen the partnerships |
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42.

| 43. | is concerned that the proposed Multiannual Financial Framework (MFF) 2021-2027 does not provide the stronger allocation of financial resources to the new External Instrument — that would replace, among others, the European Neighbourhood Instrument — needed to respond to the objectives established for the Eastern Partnership countries, although it increases the overall budget for the actions of the EU in the world; |
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43.

| 44. | considers it important for the Conference of Regional and Local Authorities for the Eastern Partnership (CORLEAP) not to be restricted to providing an exchange platform, but to concretely support territorial cooperation through activities ranging from effective matchmaking to providing visibility to concrete projects; furthermore, is committed to delivering on and measuring up to the regard CORLEAP is held in by its partners by showcasing the success and potential of territorial cooperation and by increasing the understanding and visibility of the benefits of EaP policy for citizens. |
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44.

Brussels, 4 July 2018.

The President of the European Committee of the Regions

Karl-Heinz LAMBERTZ

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(1)  COR-2016-00982-00-00-AC-TRA.

1

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| 25.10.2018 | EN | Official Journal of the European Union | C 387/5 |
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25.10.2018

EN

Official Journal of the European Union

C 387/5

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Opinion of the European Committee of the Regions — Action Plan to support the protection of public spaces

(2018/C 387/02)

| Rapporteur: | Jean-François BARNIER (FR/ALDE), Mayor of Chambon-Feugerolles |
| --- | --- |
| Reference document: | COM(2017) 612 final |

Rapporteur:

Jean-François BARNIER (FR/ALDE), Mayor of Chambon-Feugerolles

Reference document:

COM(2017) 612 final

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

Comments

| 1. | notes that the attacks that have been carried out in recent years, both in public spaces and in private locations that are accessible to the public, have resulted in hundreds of deaths in many European cities. Their severity and widespread occurrence throughout the EU are unprecedented. They are characterised by varying degrees of organisational sophistication (number, profiles, background, nationality of perpetrators and accomplices, isolated, simultaneous or consecutive and planned or spontaneous actions), the diverse range of methods (explosive devices, firearms, knives, and other objects, such as vehicles, that are used as weapons) and by the locations targeted, which may be entirely unexpected or symbolic. They have targeted all those spaces in which daily life unfolds, which are entirely or for the most part open and shared, and which are busy and therefore particularly vulnerable to criminal activity: so-called ‘soft targets’. |
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1.

| 2. | notes that national security remains the responsibility of the Member States but underlines also that cooperation with EU and non EU partners is essential; welcomes the involvement and commitment of the security and armed forces, the judicial authorities, the emergency and assistance services, elected representatives and civil society in the face of terrorism; highlights in this context the importance of mobilisation by local elected officials in increasing public awareness and in trying to prevent terrorism through social integration and re-building communities after terrorist attacks; |
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2.

| 3. | considers that the Commission’s action plan, which aims to improve protection of public spaces, fits in well with the European Agenda on Security (and the 2016 Communication from the Commission on its implementation ‘to fight against terrorism and pave the way towards an effective and genuine Security Union’) and the Internal Security Strategy adopted for the period 2015-2020, as well as with the EU’s strategy for combating terrorism; |
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3.

| 4. | stresses that efforts to combat terrorism, manage legal migration and prevent violent radicalisation remain essentially the responsibility of the Member States, but that local, European and international cooperation is also of crucial importance in addressing the issue effectively (1). Therefore calls for greater sharing of information and best practices within the EU; |
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4.

| 5. | notes that certain ‘hard targets’ were taken into account in the energy and transport sectors by the 2006 European Programme for Critical Infrastructure Protection and the 2008 Directive on ‘identifying and designating European critical infrastructures’ and assessing the need to ‘[improve] their protection’; |
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5.

| 6. | notes that the plan in question lists the funding and mechanisms for sharing best practices and feedback that are already in place and puts forward new suggestions that involve both local and national authorities in the Member States to a greater or lesser extent and welcomes that it promotes the understanding of the added value of EU-level cooperation in protecting citizens and critical infrastructures; |
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6.

Priorities

| 7. | reiterates the EU’s aim, as set out in Article 3(2) TEU, which is to offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of people is guaranteed in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime; |
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7.

| 8. | points to both the letter and the spirit of the solidarity clause contained in Article 222 TFEU, which calls for the EU to mobilise all the instruments at its disposal, including the military resources made available by the Member States, in order to: prevent a terrorist attack within their borders; protect democratic institutions and the civilian population from a potential terrorist attack; and assist a Member State on its own territory, at the request of that state’s political authorities, in the event of a terrorist attack; |
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8.

| 9. | stresses that the operational measures, coordination actions and guidelines set out in the action plan are inseparable from the EU’s policies, actions and instruments, including judicial cooperation in criminal matters, police cooperation, civil protection and crisis management, and preventing radicalisation; |
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9.

| 10. | stresses that a balance must be maintained between preserving individual and collective freedoms including the protection of personal data and the aim to maintain open societies and accessible public spaces on the one hand, and, on the other hand, the possible restriction of these freedoms in cases where this is necessary, lawful, proportionate, appropriate to the circumstances, measured, reversible and limited in space and time; |
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10.

| 11. | calls on the EU institutions to build resilience to terrorism, both individual and collective, institutional and civic, European, national and local, moral and material, in order to anticipate, prevent, protect, handle, respond to and prevail over this threat; |
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11.

| 12. | recommends that any partnership with the private sector and any initiative or participation on the part of citizens in the area of security be overseen and monitored by a public authority at national, regional or local level; |
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12.

| 13. | calls on the Commission to simplify and increase access to EU funds for non-state actors, open them up to local authorities of all sizes, and ensure that they are used efficiently and that relevant links are established with national, regional and local security funding; |
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13.

| 14. | supports the aim of the plan, which is to promote, raise awareness about, facilitate and contribute to effective protection of public spaces by means of planning, design, construction, refurbishment and renovation, whatever their function, layout or use. This includes any appropriate method for filtering or blocking people, objects or vehicles, containing or evacuating victims or facilitating rescue operations and subsequent investigations; |
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14.

Making public spaces safer

| 15. | welcomes the new funding from the Internal Security Fund (ISF Police), amounting to a total of EUR 18,5 million, aimed at supporting ‘transnational projects to improve the protection of public spaces’ and ‘cooperation projects’; |
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15.

| 16. | calls on the Commission to continue this funding, paying particular attention to projects promoted by local and regional authorities and giving preference to innovative projects designed with a view to disseminating them further; |
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16.

| 17. | shares the concern that local authorities need to be made aware of the vulnerability of public spaces and the supports the call to the Member States, regions and cities to incorporate the protection of public spaces into the infrastructure investment carried out under the European Regional Development Fund (ERDF) and the Cohesion Fund; |
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17.

| 18. | encourages the EU institutions to facilitate and support local ‘smart/safe city’ projects; |
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18.

| 19. | welcomes the new financing under the ERDF’s Urban Innovative Actions initiative, amounting to EUR 100 million in total, which will be launched by the Commission in October 2018; |
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19.

| 20. | notes that the EU’s urban agenda or ‘Pact of Amsterdam’ of 30 May 2016 aims to involve urban authorities in the design and implementation of European policies and to strengthen their urban dimension. It contributes to the implementation of the UN Sustainable Development Goals by 2030, in particular goal 11, ‘Make cities inclusive, safe, resilient and sustainable’ as well as the ‘New Urban Agenda’ under Habitat III; |
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20.

Applied research to secure public spaces

| 21. | notes that under the theme of ‘cooperation’, the Seventh Framework Programme for Research contains ten priority areas, including security, and that the Horizon 2020 Framework Programme for Research and Innovation sets out three key priorities: ‘Excellent Science, Industrial Leadership, and Societal Challenges’. Under the latter, research and innovation are geared to addressing the significant societal challenges facing Europe, rather than just the science or technology sectors. These challenges include ‘secure societies’, that are ‘protecting the freedom and security of Europe and its citizens’; to date, 48 security research projects on the protection of public spaces have been funded, amounting to a total of EUR 195 million; |
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21.

Forums for exchanging expertise and best practice

| 22. | supports the creation of a working group on the protection of soft targets in order to enhance cooperation and coordination among Member States in the following two areas:






  — | the practitioners’ forum (law enforcement professionals from the Member States and police forces set up by the European Union, such as AIRPOL, ATLAS, ENLETS RAILPOL) supplemented by a ‘network of high-risk public spaces’ which will provide a platform for joint training and exercises, |
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22.

—

the practitioners’ forum (law enforcement professionals from the Member States and police forces set up by the European Union, such as AIRPOL, ATLAS, ENLETS RAILPOL) supplemented by a ‘network of high-risk public spaces’ which will provide a platform for joint training and exercises,

| — | the ‘Operators’ Forum’ and its thematic groups (sporting or cultural events, etc.), bringing together private operators of spaces or organisers of events, such as transport operators, sport or entertainment operators, shopping centres, |
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—

the ‘Operators’ Forum’ and its thematic groups (sporting or cultural events, etc.), bringing together private operators of spaces or organisers of events, such as transport operators, sport or entertainment operators, shopping centres,

and calls for local authority representatives, who are on the front line when it comes to preventing attacks, to be involved in this working group;

| 23. | welcomes the fact that the EU Conference of Mayors took place on 8 March 2018 in Brussels, involving among others the signatories of the Declaration of Nice, on the theme Building urban defences against terrorism: Lessons learned from recent attacks; |
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23.

| 24. | encourages the development and implementation of a ‘best practice security guidance toolkit for the commercial road transport sector’, an ‘EU soft target site assessment tool’, which is currently being tested, as well as ongoing work on the EU rules to ensure the safety and security of civilian-operated unmanned aircraft systems; |
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24.

| 25. | finally, endorses the plan’s aim to encourage networking between both national and local practitioners and policymakers, as well as exchanges of best practice, by means of targeted financial support, guidelines and the involvement of local stakeholders and the private sector. |
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25.

Brussels, 4 July 2018.

The President of the European Committee of the Regions

Karl-Heinz LAMBERTZ

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(1)  CoR opinion on Combatting radicalisation and violent extremism: prevention mechanisms at local and regional level (CoR 6329/2015), June 2016

1

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| 25.10.2018 | EN | Official Journal of the European Union | C 387/8 |
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25.10.2018

EN

Official Journal of the European Union

C 387/8

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Opinion of the European Committee of the Regions — Implementation assessment of the Urban Agenda for the EU

(2018/C 387/03)

| Rapporteur: | Kieran McCARTHY (IE/EA), Cork City Councillor |
| --- | --- |
| Reference document: | Report from the Commission to the Council on the Urban Agenda for the EU
  COM(2017) 657 final |

Rapporteur:

Kieran McCARTHY (IE/EA), Cork City Councillor

Reference document:

Report from the Commission to the Council on the Urban Agenda for the EU

COM(2017) 657 final

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

Recognition of work pursued

| 1. | re-affirms its commitments to renewing its initial ‘Follow-up Strategy for the Implementation of the Urban Agenda for the EU’ and to mapping its planned political level contribution to the implementation of associated actions; |
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1.

| 2. | acknowledges the efforts of the EU institutions to recognise the ever-growing role and influence of Europe’s cities as key contributors towards achieving strategic EU targets and ensuring a Europe that is inclusive, ambitious in terms of implementing the sustainable development goals and globally competitive; |
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2.

| 3. | notes the core point that the Urban Agenda for the EU seeks to mobilise the experience and expertise of urban authorities and to enable them to contribute to the development and implementation of those EU policy processes and instruments that most impact on cities; |
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3.

| 4. | supports the view that the process around the Urban Agenda for the EU has brought about some degree of a renewed sense of interest in some Member States in developing or strengthening national urban policy; |
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4.

| 5. | welcomes the ground-breaking working methods of the Urban Agenda Partnerships in directly engaging urban authorities in the EU policymaking process for the first time and promoting a bottom-up approach; sees this approach as strongly tied to the Future of Europe debate as it paves the way for the local and decentralised involvement of citizens; |
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5.

| 6. | urges that, within the Future of Europe process, it is necessary to implement enhanced knowledge-sharing and inter-city cooperation to promote exchange of best practices in how cities operate, minimise the administrative burden associated with EU affairs, find more cost-effective ways of policy implementation, and avoid duplications, particularly in relation to the appropriate design of EU funding instruments and policy initiatives; |
| --- | --- |

6.

| 7. | accepts that the Urban Agenda is very much a work-in-progress at this moment; notes that the November 2017 report by the European Commission declares overall satisfaction — but points out nevertheless that this verdict is based entirely on feedback from participants; hence the Committee of the Regions welcomes consultation on this assessment; |
| --- | --- |

7.

| 8. | supports the Urban Agenda’s approach and its multi-level governance working method across 12 broad policy priority themes as identified in the Pact of Amsterdam and the need to rethink approaches to the design of existing rules and regulations, enhancing the user-friendliness of the range of available urban-focussed funding resources and improve knowledge exchange and cooperation on urban issues among different stakeholders; |
| --- | --- |

8.

| 9. | highlights that the Partnerships method is providing a platform to integrate the valuable perspectives of expert practitioners across a set of issues of recognised high priority to the EU and to incorporate their hands-on experience of how EU affairs impact on the daily life of cities and citizens; |
| --- | --- |

9.

Cross-cutting considerations and synergies

| 10. | advocates for an Urban Agenda for the EU addressing all urban areas, including its often rural functional areas, in order to achieve a more integrated and holistic approach to EU policy and legislation, to involve more closely towns and cities at all stages of the preparation of these policies, and the need to broaden out participation to the greatest extent so as to truly involve all urban areas; |
| --- | --- |

10.

| 11. | points out that many of the Partnership themes are themselves closely tied into other themes and that, in the spirit of integrated thinking, these should not be treated in isolation; insists on the need for very enhanced coordination between the action plans as their activities could have significant impacts on each other, for example (i) the Partnerships on Sustainable Use of Land and Nature-based Solutions, on Housing, and on Climate Adaptation; (ii) the Partnerships on Climate Adaptation, on Energy Transition and on Air Quality; (iii) the Partnerships on Urban Poverty, on Housing and on Inclusion of Migrants and Refugees; |
| --- | --- |

11.

| 12. | welcomes the fact that the available data on urban issues has improved over recent years, but still sees a need for better mapping of the subnational, local and regional levels in order to enable evidence-based policy development; |
| --- | --- |

12.

| 13. | stresses, with reference to point 12.6 of the Pact of Amsterdam, that the EU Urban Agenda must also contribute to gender justice and gender equality. Suitable tools include Gender Impact Assessment methods, a gender-sensitive data base, and gender-mainstreaming analysis of programmes and projects; |
| --- | --- |

13.

| 14. | supports the call for the Urban Agenda’s other cross-cutting considerations to be similarly respected in the Partnership actions: urban governance and urban planning, urban-rural linkages, meeting the impacts on societal change, the challenges and opportunities of small-and medium-sized cities, urban regeneration, demographic change, public services of general interest and links with the UN New Urban Agenda; |
| --- | --- |

14.

| 15. | emphasises that many issues identified by the Partnerships connect with CoR Opinions, Resolutions, to the extent that the work of the CoR on topics with a clear urban dimension should effectively serve as a toolkit for the action plans; equally, the outputs and results emerging from the Urban Agenda may well be disseminated as best practice through CoR awareness-raising events and publications; highlights that the local authorities of many CoR members are represented in the urban Partnerships and calls for the CoR to be well informed of the activities of the Partnerships; |
| --- | --- |

15.

| 16. | points out that many urban activities are both directly and indirectly linked with or dependent on cooperation between cities and their neighbouring authorities (surrounding areas), and therefore that these activities should be taken appropriately into account when implementing and assessing the EU Urban Agenda; |
| --- | --- |

16.

| 17. | recalls its opinion on regeneration of port cities and port areas and the need to look into their specific challenges that require an integrated approach to sustainable urban development and city planning |
| --- | --- |

17.

| 18. | notes that additional focussed synergies could be created with organisations represented across several Partnerships such as, the Council of European Municipalities and Regions (CEMR) and Eurocities networks, the Urbact 3 programme for sustainable urban development, and the European Urban Knowledge Network (EUKN); |
| --- | --- |

18.

Resourcing the Urban Agenda

| 19. | commends the Partnerships for dedicating their own resources (as participation costs of are not provided) and the efforts carried out by the European Commission in facilitating the implementation of the Urban Agenda; |
| --- | --- |

19.

| 20. | points out that after almost two years of implementing the Urban Agenda for the EU, the main concerns so far have been related to the lack of resources, particularly to cover the costs of participation of the cities that are members of the Partnerships (particularly small and medium cities); |
| --- | --- |

20.

| 21. | notes that larger urban centres usually have the resources to dedicate towards engagement in European affairs — to access information, to target funding opportunities and even to seek to influence the course of policymaking — this is not the case for smaller authorities; insists that the Urban Agenda for the EU should adequately cater for the needs of smaller urban local authorities, which play an important part of their respective broader regional economies, to better inform their sustainable urban development; |
| --- | --- |

21.

| 22. | calls for consideration to be given to the possibility of setting up a specific financial mechanism for smaller cities with a view to supporting cooperation initiatives under the Urban Agenda. The aim here would be to provide an incentive for stepping up the exchange of experience. Enhancing the educational role of cooperation (when experienced entities — mainly medium-sized and large urban centres — pass on information to small cities and towns) plays a particularly important role in achieving economies of scale and increasing the rate of socioeconomic growth; |
| --- | --- |

22.

| 23. | is concerned by the distinct possibility of a lack of ownership emerging due to the current design and operation of the Partnerships, notably the voluntary profile of the overall governance structure, the passiveness on the part of certain Members States and some internal organisation issues arising from a lack of rules on the allocation of tasks and responsibilities among members; urges that these matters be addressed as the Urban Agenda proceeds; |
| --- | --- |

23.

| 24. | welcomes the support provided by the technical secretariat to assist the Partnerships, at the same time calls for more emphasis to be placed on expertise and outcome-orientated approaches, so that the technical support is not just of an administrative nature. In this connection, there is also a need for greater transparency, and greater ownership of the Partnerships, if they are to benefit appropriately from the technical input, inter alia, from consultation of experts; |
| --- | --- |

24.

| 25. | insists that to deliver credible and well-planned outcomes via the Partnerships, there is an obvious need for the Urban Agenda process to be able to rely on a stable multi-annual budgeting provision; |
| --- | --- |

25.

| 26. | praises the initiative to create the ‘Futurium’ interactive website, which has been set up to gather all Partnership outputs in one place and to provide the wider stakeholder community with updates, as well as opportunities to discuss and provide input to proceedings; but cautions that an online ‘one-stop shop’ should not, in itself, be seen as a panacea for delivering the objectives of the Urban Agenda, especially as this tool is not sufficiently widely known by its potential target audience; |
| --- | --- |

26.

Better regulation and urban proofing

| 27. | recognises that in order to realise the Urban Agenda there is a need for new legal mechanisms to be created between EU Institutions, Member States, cities and stakeholders to support the implementation of actions addressed to them and falling within their competence; |
| --- | --- |

27.

| 28. | reiterates its calls for its implementation to be based on binding force as a Commission responsibility where all relevant DGs are mobilised to contribute at this stage just as they are currently doing in providing input to the Partnerships; similarly urges that Member State involvement should be at the relevant thematic ministerial level rather than simply reverting by default to the ministry charged with urban development; |
| --- | --- |

28.

| 29. | underlines that one key aspect of the Pact of Amsterdam was to establish the link with the Better Regulation agenda of the European Union; accordingly recommends creating direct connections between the work of the Partnerships and the members of the REFIT platform, as well as putting stronger emphasis on improving the EU regulatory environment in the given policy field during the meetings of the Partnerships; |
| --- | --- |

29.

| 30. | suggests that it would be useful to link the work of the Urban Agenda Partnerships more closely with the work of the Regulatory Scrutiny Board (RSB) of the European Commission; |
| --- | --- |

30.

| 31. | recalls the CoR efforts on implementing the Agenda in relation to the ‘Better Regulation’ component through the piloting, over recent years, of (territorial) urban impact assessments intended to provide rapporteurs with analysis of the potential effect of specific legislative proposals on the ground in a sample of city contexts; |
| --- | --- |

31.

| 32. | believes that urban-proofing should become a core element of the design of EU policy; underlines that a more systematic assessment could be pursued of the impact of planned EU action on cities (at various scales) in order to ensure that the local perspective is appropriately reflected in an ultimate policy or legislation; |
| --- | --- |

32.

| 33. | welcomes the recognition of the DG REGIO on the importance of implementing Territorial Impact Assessments when discussing new legislative proposals and would encourage the Commission to apply them more widely across all policy fields; |
| --- | --- |

33.

| 34. | calls for cities and urban areas to contribute to EU priorities tailored to their specific development needs, and stresses that ‘local development’ should continue to be part of a wider EU approach to ‘Territorial Development’ and should be better defined as holistic concepts; |
| --- | --- |

34.

Future frameworks for a post-2020 Urban Agenda

| 35. | considers that, based on the collaborative outputs that have emerged to date from the earliest Partnerships, the Urban Agenda for the EU serves as a solid evidence base to inform and even shape the direction of future European cooperation in both the ESIFs and elements of the centrally-managed programmes of the Commission post-2020; |
| --- | --- |

35.

| 36. | requests that the future of the Multiannual Financial Framework (MFF) proposal and Cohesion policy beyond 2020 reflect the role of cities and urban areas, enhancing the integrated tools and mechanisms to empower and support cities and regions directly; highlights that it is crucial for Cohesion policy to pursue the added-value of the integrated territorial approach and, in conjunction with its strong rural support, to also have a strong urban dimension as well as ‘urban ownership’ on the ground in cities and urban areas; |
| --- | --- |

36.

| 37. | points out that, despite the growing importance of the lowest levels of governance (e.g. cities) in relation to the central level of governance in the EU, in some countries there are moves towards the re-centralisation of governance mechanisms at the expense of a loss of funding hitherto available for cities and regions allowing them to decide matters for themselves. This is a dangerous trend, preventing polycentric growth based on local development factors and local circumstances; |
| --- | --- |

37.

| 38. | endorses the need for new integrated tools to be made more flexible and more proportionate, and for more-tailored guidance to ensure better understanding of these tools and greater certainty for those who want to use them; |
| --- | --- |

38.

| 39. | calls for the Urban Agenda to prioritise making the highly-fragmented urban funding landscape more accessible for the benefit of towns and cities of all sizes, e.g. through working with key stakeholders including pan-European local and regional government networks and the CoR on the development of tailored information materials integrating the entirety of urban funding possibilities across each of the 12 themes; |
| --- | --- |

39.

| 40. | urges that strong awareness-raising amongst LRAs about existing financing initiatives (the URBIS & EIB tailored loans schemes) be developed as well as streamlining the current advisory and financing landscape with a certain degree of tailoring to urban needs, are presented as the priority issues; |
| --- | --- |

40.

| 41. | is aware of the need to streamline the urban investment financing landscape and to tailor services connected to the EIB loan scheme to the needs of individual cities; acknowledges the role of the new dedicated urban investment advisory platform URBIS has in providing urban authorities with financial and technical guidance throughout the key stages of preparing and implementing integrated urban projects, including development of investment strategies, preparation of project pipelines and exploration of innovative financing tools (e.g. combining of European Structural and Investment Funds with the European Fund for Strategic Investments); |
| --- | --- |

41.

| 42. | highlights the continued importance of European Territorial Cooperation for cities and local authorities providing a European perspective to inform their development; underlines that more than one third of EU citizens live and work in Europe’s border cities and Regions, which account for two thirds of the EU’s GDP; remarks that cross-border and transnational Interreg projects have achieved many concrete outcomes on behalf of Europe’s citizens in areas of relevance to the Urban Agenda, including mobility, climate adaptation, energy transition, training and job creation; |
| --- | --- |

42.

| 43. | calls for the objectives and delivery mechanisms of the next generation of all non-Cohesion EU programmes with an urban component such as the Ninth Framework Programme for Research and Innovation, as well as policy initiatives such as the Covenant of Mayors for Climate and Energy, to be thoroughly integrated with the Urban Agenda; |
| --- | --- |

43.

| 44. | emphasises that the Urban Agenda should feature prominently in future Commission Annual Work programmes, and asks that the rotating Presidencies of the Council renew high-level political commitment to the process, empower Member States to contribute and also formally report on the development of the Partnerships; |
| --- | --- |

44.

| 45. | calls for cities and regions to have access to the European Council working groups and the European Parliament on urban matters and trilogues through their institutional representative, the CoR, so that they can follow and more accurately provide input into the work of the Council in areas that impact upon them and their competences; |
| --- | --- |

45.

| 46. | stresses that the proposed action plans need to have an accompanying roadmap setting out realistic deliverables, target dates, indicators and targets towards the particular objectives, reflecting the multi-actor character of the Partnerships and developed in cooperation with different levels of administration, the private sector and civil society; |
| --- | --- |

46.

| 47. | suggests that, once the Action Plans are finalised, a series of dissemination campaigns with appropriate feedback mechanisms should be organised via national Ministries and/or other multipliers including Brussels-based city/regional offices; |
| --- | --- |

47.

| 48. | expects the assessment exercise of the European Commission in 2019 to outline how the Partnerships have contributed to the better regulation agenda, to improved access to funding and to better exchange of knowledge and best practices; |
| --- | --- |

48.

| 49. | calls for the Partnerships to carry out their own assessment and give feedback as to whether their own expectations were met by the process and suggest possible improvements; |
| --- | --- |

49.

| 50. | advocates the proposal to set up a steering committee to discuss future developments of the Urban Agenda, such as key messages arising from the Partnerships to inform future policy and programming decision-making, possible new thematic Partnerships, the application of cross-cutting issues, and promoting the results of the discussions; agrees on the appropriateness to consider additional topics, such as Security, Cultural Heritage, demography, urban nodes and TEN-T; |
| --- | --- |

50.

| 51. | insists however on properly assessing the results as well as the structure and implementation measures of the current Partnerships before launching new ones; |
| --- | --- |

51.

| 52. | proposes to involve the CoR in the organisation of the annual coordination meeting, in order to provide input, suggest actions, host meetings, and in particular to avoid overlapping with other potential events and discussions; |
| --- | --- |

52.

Conclusions

| 53. | calls on EU institutions to reaffirm their commitment to the Urban Agenda for the EU and to formalise the process; states that the Urban Agenda offers too much by way of potential to improve the future functioning of our cities to be restricted to a mere networking exercise and must instead be recognised as a binding political commitment on the development and implementation of legislation and European and national funding programmes; |
| --- | --- |

53.

| 54. | stresses that the Pact of Amsterdam provides for a stronger institutional role for the CoR as it invites the Committee, as the Union’s advisory body formally representing regions and municipalities at EU level, to contribute to the further development of the Urban Agenda; |
| --- | --- |

54.

| 55. | suggests the upcoming presidencies of the Council of the EU to promote some synergies between the discussions on the implementation assessment of the Urban Agenda for the EU and the renewed Territorial Agenda beyond 2020, in view of a more integrated approach of spatial planning and a territorial governance, in which should be involved local and regional authorities and spatial planners from a bottom-up and evidence-based approach; |
| --- | --- |

55.

| 56. | recognises the importance of cities in the delivery of the Sustainable Development Goals 2030; calls for very strong synergies between the UN 2030 Agenda for Sustainable Development and post-2020 EU policy priority-setting; |
| --- | --- |

56.

| 57. | believes that a proper integration of the Sustainable Development Goals into EU policies will stimulate a more integrated vision throughout the Union on the future of our cities and regions; considers the urban dimension of the SDGs requires a comprehensive, integrated and effective approach; and thus asks for close cooperation with partners and other stakeholders as well as local and regional authorities to catalyse multi-stakeholders action; |
| --- | --- |

57.

| 58. | asks that the European and national statistical authorities develop and improve data, indicators, tools and methodology to quantify and monitor contribution of EU policies to the urban related targets of the 2030Agenda, increasing the provision of indicators detailed by NUTS2, NUTS3 and FUA level; |
| --- | --- |

58.

| 59. | underlines that the UN’s New Urban Agenda will guide the efforts relating to sustainable urban development of a wide range of actors for the next 20 years; calls for all levels of EU governance to work together to use the New Urban Agenda as a tool to achieve inclusive and sustainable urban development. |
| --- | --- |

59.

Brussels, 4 July 2018.

The President of the European Committee of the Regions

Karl-Heinz LAMBERTZ

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| 25.10.2018 | EN | Official Journal of the European Union | C 387/14 |
| --- | --- | --- | --- |

25.10.2018

EN

Official Journal of the European Union

C 387/14

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Opinion of the European Committee of the Regions — Boosting growth and cohesion in EU border regions

(2018/C 387/04)

| Rapporteur: | János Ádám KARÁCSONY (HU/EPP), Member of Tahitótfalu council |
| --- | --- |
| Reference document: | Communication from the Commission to the Council and the European Parliament: Boosting growth and cohesion in EU border regions
  COM(2017) 534 final |

Rapporteur:

János Ádám KARÁCSONY (HU/EPP), Member of Tahitótfalu council

Reference document:

Communication from the Commission to the Council and the European Parliament: Boosting growth and cohesion in EU border regions

COM(2017) 534 final

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

General comments

| 1. | welcomes the Communication on ‘Boosting Growth and Cohesion in EU Border Regions’ presented by the European Commission. The CoR is pleased to see that the different Commission services across directorate-generals have worked effectively together so that this document reflects the crosscutting nature of cooperation in EU border regions. The CoR also supports the creation of a ‘cross-border focal point’ to ensure the implementation of actions and measures, but is worried that the focal point might be understaffed in view of the multitude of tasks that the Communication envisages; |
| --- | --- |

1.

| 2. | is particularly pleased about the preparatory process leading up to this communication, which was exemplary in terms of effective multi-level participatory cooperation. As part of the so-called cross-border review initiative, the Commission acted as a stimulating hub that allowed stakeholders to exchange ideas and practices. Moreover, numerous inventories, position papers and studies have created a situation in which policymakers can draw on a wealth of evidence concerning obstacles to cooperation in cross-border regions; |
| --- | --- |

2.

| 3. | underlines the fact that legal, administrative, physical and cultural obstacles need to be addressed in order to strengthen cooperation along EU border regions. In this respect, financial support for European Territorial Cooperation (ETC) initiatives remains vital; |
| --- | --- |

3.

| 4. | believes that the EU’s financial support to European Territorial Cooperation (ETC) initiatives should be significantly increased in the next MFF and considers it unacceptable that the current proposal is cutting amounts instead. The CoR recognises that the EU budget faces high budgetary pressures due to the UK’s decision to leave the EU and due to still high levels of public debt across EU Member States. However, supporting ETC initiatives offers an extremely high European added value in terms of boosting economic growth and cohesion, as well as in building a better EU for its citizens; |
| --- | --- |

4.

| 5. | stresses that the benefits of ETC are not only the projects itself but also the fact that a range of bodies at regional and local level including public authorities work together in common programmes and projects; |
| --- | --- |

5.

| 6. | urges the Member States to ensure that as many cross-border public consultations as possible are organised in order to reforge Europe and the link between Europeans and the European venture, and create a genuine European public space by identifying the issues which the public would like the EU to address; |
| --- | --- |

6.

| 7. | notes that cooperation in EU border regions includes internal and external borders as well as terrestrial and maritime borders with or without a fixed-link connection over the sea. In the case of maritime borders, the 150 km limit should be abolished as it reduces opportunities for participation of island regions. Improved cooperation and removing obstacles must not be limited to EU Member States but include neighbouring countries and regions, especially when it is the EU’s outermost regions that are engaged in cooperation; |
| --- | --- |

7.

Comments on the ten commission proposals as outlined in the communication

Deepening cooperation and exchanges

| 8. | welcomes the creation of an EU-wide online professional network (Futurium) and the open call for pilot projects on how to resolve legal and administrative obstacles. It is important that the Commission continue to provide momentum and coordination in order to improve cooperation and exchanges; |
| --- | --- |

8.

| 9. | underlines the importance of establishing territorial strategies to guide investments in an integrated and coordinated way. ‘Integrated’ means that all levels of governance from local to European work together in achieving the objectives of a given territory. ‘Coordinated’ means that different sources of funding contribute to the same agreed territorial objectives in a complementary way; |
| --- | --- |

9.

| 10. | emphasises the role of macro-regional strategies as an ‘established bottom-up and place-based instrument for a more effective use of common potentials of macro-regions by better implementing and coordinating policy responses’ and draws attention to the CoR opinion on the matter (1); |
| --- | --- |

10.

| 11. | highlights in this respect the importance of both cross-border cooperation programmes and transnational and interregional cooperation programmes, whose European added value goes beyond financing because they bring together people in joint projects that build lasting partnership, trust and mutually beneficial cooperation structures; |
| --- | --- |

11.

| 12. | takes note of the proposal for a Regulation on new cross-border programmes, and points out that the EU’s internal borders include maritime borders, which, in its view, should be considered equivalent to land borders as they are in the current programming period. Otherwise, cooperation between intra-EU border regions with maritime borders would be put at risk, as would the local adaptations that these programmes offer for cross-border cooperation; |
| --- | --- |

12.

| 13. | stresses the importance and usefulness of the Interact, Interreg Europe, Urbact and ESPON programmes in strengthening cooperation in Europe and improving the implementation of cohesion policy; in view of the current proposals the CoR underlines that the continuation of the Interreg Europe and Urbact programme is essential for interregional cooperation in Europe and urges the European Commission, the European Parliament and the Council, that the future of Interreg Europe and Urbact are not only clarified, but guaranteed; |
| --- | --- |

13.

| 14. | calls for the UK’s local and regional authorities to be invited and encouraged to continue to participate in the ETC programmes and territorial cooperation projects in the next programming period. Access to macroregional and maritime strategies and EGTCs should be ensured; |
| --- | --- |

14.

| 15. | notes that national statistics authorities are in many cases not keeping statistics on cross-border traffic, e.g. data on commuting across intra-EU borders. Information and statistics about these sorts of facts is lacking, which is why the Commission or other bodies such as Eurostat should play a bigger role in gathering and processing such data; |
| --- | --- |

15.

Improving the legislative process

| 16. | recognises that complete harmonisation and convergence of rules and legislation is neither realistic nor desirable. It is therefore even more important to understand the impact of European and national laws and rules in EU border regions. The CoR has argued for a long time that the European Commission should carry out Territorial Impact Assessments (TIA) on all major EU legislation that might have territorial impact. The CoR therefore welcomes the Commission’s ambition of introducing ‘cross-border proofing’ of EU legislation to identify the potential cross-border impact of that legislation at an early stage of the legislative process and support EU Member States in applying TIA methodologies nationally. This would seem to be all the more urgent given that changes in key national policy areas — protection of the environment, consumers and employees — create barriers to mutual market access for economic operators operating across borders and make it impossible to take full advantage of the freedoms of the internal market; |
| --- | --- |

16.

| 17. | underlines that the co-legislators, the European Parliament and the Council, should be more aware of the cross-border impact of new legislation. In this respect, they should systematically consider the territorial impact in their negotiations on legislative proposals; |
| --- | --- |

17.

| 18. | is in favour of the proposal to set up a permanent intergroup on ETC at the European Parliament and will support it; |
| --- | --- |

18.

| 19. | believes that there should be a better coordination between Member States in the transposition of EU law into national law, so that new obstacles would not be created and thus put a further burden on cross-border and transnational cooperation as well as potentially create barriers within the Internal Market. The CoR proposes that the European Commission take on the role of coordination point in order to ensure the coherent and most efficient implementation of EU legislation; |
| --- | --- |

19.

Enabling cross-border public administration

| 20. | underlines the importance of interoperability of public services for cross-border cooperation; |
| --- | --- |

20.

| 21. | highlights, in this respect, the efforts made in the field of digital public administrations. The CoR insists, however, that interoperability across borders must be ensured. The CoR also supports more exchanges of civil servants between the public authorities of different Member States to develop an understanding of administrative cultures in other countries. The Commission should be bold in extending its support in this field. It could take inspiration from its TAIEX REGIO PEER 2 PEER programme running under cohesion policy, which brings together implementation experts from one country to support implementation processes in another. In border regions people-to-people cross-border projects have proved effective in this regard facilitating such cooperation and exchanges between local and regional authorities; |
| --- | --- |

21.

Providing reliable and understandable information and assistance

| 22. | believes that a Single Digital Gateway has the potential to improve cross-border cooperation significantly. The CoR suggests that the Commission actively promote the new gateway and the SOLVIT tool within border regions by organising targeted public training sessions; |
| --- | --- |

22.

| 23. | draws the attention to the CoR opinion on Erasmus for Local and Regional Representatives, calling for ‘establishing training programmes and exchanges of good practices targeted at local and regional elected representatives’; |
| --- | --- |

23.

| 24. | underlines, that it is equally important that citizens and businesses can rely on the physical presence of support services rather than relying only on electronic means. In this respect, it is important that regional and local support services such as employment agencies and business support structures have the capacity and expertise to advise citizens and businesses on cross-border matters; |
| --- | --- |

24.

Supporting cross-border employment

| 25. | understands the difficulties the Commission is facing in policy areas in which the EU has shared or supporting competences, such as employment or health policy. Nevertheless, the Commission should be bold in identifying incompatible national policies and suggest solutions for rendering them compatible; |
| --- | --- |

25.

| 26. | highlights the possibilities offered by cohesion policy programmes in building and strengthening cross-border labour mobility; |
| --- | --- |

26.

| 27. | considers that the current arrangements are not good enough. In particular, mutual recognition of certificates, diploma and vocational training must be strengthened. The Commission should be more daring in making practical proposals in this area; |
| --- | --- |

27.

| 28. | welcomes the Commission’s proposal to establish the European Labour Authority, as part of the European Pillar of Social Rights (2). This agency would work on facilitating access for individuals and employers to information on their rights and obligations, support cooperation between EU countries in the cross-border enforcement of relevant Union law and mediate and facilitate a solution in cases of cross-border disputes between national authorities or labour market disruptions. The CoR invites the Commission to pay special attention to border workers as they face the biggest obstacles in their daily lives; |
| --- | --- |

28.

Promoting border multilingualism

| 29. | underlines the fact that language barriers are still an important obstacle to cross-border cooperation, especially in border areas without a longstanding tradition of cooperation. Despite education policy being a national competence, the EU can have a significant impact through its ETC programmes. It is therefore particularly important to leave enough flexibility to design cross-border programmes to fund educational, cultural and other activities that bring together citizens in border regions. The CoR regrets that given thematic concentration objectives and a focus on economic growth and innovation, which underestimates the impact that cooperation involving citizens can have on the achievement of the European project, this is unfortunately not always the case; the CoR insists that ETC programme implementation authorities must be given the freedom to decide on their investment priorities in accordance with their own regional development strategies, without being restricted by thematic concentration arrangements that might not fit the particular cross-border context; |
| --- | --- |

29.

| 30. | stresses the special importance of bilingualism in border regions. Stepping up efforts to promote mutual knowledge of neighbouring languages facilitates cooperation in any area; |
| --- | --- |

30.

| 31. | points out the important role of people-to-people and small-scale projects in cross-border cooperation programmes. In its opinion on this topic (3), the CoR calls for ‘people-to-people projects and small-scale projects to be anchored in the regulations governing EU support for cross-border cooperation as a legitimate instrument in CBC programmes’. For the projects to be close to the citizens it is essential that they are locally accessible and as simple as possible; |
| --- | --- |

31.

Facilitating cross-border accessibility

| 32. | draws attention to the CoR opinion on ‘Missing transport links in border regions’ (4), since missing, insufficient or low-quality transport services are still a reality in many border regions due to diverging priorities and/or infrastructural standards, budgetary constraints or different legal, procedural or organisational approaches; |
| --- | --- |

32.

| 33. | calls on the Commission to follow up on the study on missing transport links and provide additional financing for identified missing links, enabling more effective cross-border cooperation, including for maritime regions with port and logistic facilities; |
| --- | --- |

33.

| 34. | welcomes the recent achievements in the field of telecommunications, which decreased roaming charges in a number of situations. The CoR requests, however, that in order to facilitate cross-border exchanges and accessibility, outgoing calls to neighbouring cross-border regions should be charged at domestic rates and not at international rates, which unfortunately is currently the case; |
| --- | --- |

34.

| 35. | in the case of the outermost regions, reducing the accessibility deficit is a key issue, as their location at the external border of the EU is compounded by the fact of being islands and/or archipelagos and by their isolation; |
| --- | --- |

35.

Promoting greater pooling of healthcare facilities

| 36. | regrets that, despite the healthcare directive, practical difficulties in providing cross-border healthcare services persist. The suggested mapping of cross-border cooperation on health is welcome but must be supplemented by proposed solutions regarding disparities in the coverage (recognition and reimbursement) of healthcare services between Member States, including for patients with a European Health Insurance Card. The CoR also regrets the inadequate legal arrangements for cross-border medical transport (primary and secondary); |
| --- | --- |

36.

| 37. | notes that improvements in the field of labour mobility and improvements in the field of administrative interoperability would also significantly improve cross-border health services; |
| --- | --- |

37.

Considering the legal and financial framework for cross-border cooperation

| 38. | highlights the usefulness of the European Grouping of Territorial Cooperation (EGTC) tool and of other territorial cooperation structures such as working communities in carrying out crucial cross-border projects. The CoR requests the Commission to ensure that all Member States adopt the required national provisions as defined in the EGTC regulation and launch infringement procedures where necessary. In some cases, EGTC national provisions still differ from one Member State to another due to Member States’ lack of interest in adopting the updated provisions or because previously adopted provisions are thought to be sufficient. This leads to difficulties in the EGTCs’ day-to-day work and in establishing new ones; |
| --- | --- |

38.

| 39. | urges the Commission to ensure that EGTCs are eligible entities for all EU-funded projects, as this is one of the main purposes of this tool. As a tangible measure, the Commission should communicate the potential uses of EGTCs more actively and clearly mention EGTCs as legal entities eligible for all EU-funded projects in upcoming legislative proposals. The CoR insists furthermore that national approval authorities cooperate in order to facilitate the smooth application of the EGTCs; |
| --- | --- |

39.

| 40. | welcomes the Commission proposal for a Regulation of the European Parliament and the Council on a mechanism to resolve legal and administrative obstacles in cross- border context, which is as a bottom-up legal tool that is complementary to EGTCs and which could effectively support cross-border cooperation projects by allowing local and regional authorities to apply the rules and regulations of one Member State on the territory of another along its borders — on a pre-defined territory, project and for a determined time frame. The Regulation could result in considerably more efficient cross-border cooperation, especially in cross-border investments, at the same time reducing the administrative and financial burden; |
| --- | --- |

40.

| 41. | due attention should be given to the coherence of EU legislative texts. In the context of ETC, incoherencies create difficulties, unnecessary delays and in some cases the complete abandoning of projects. Better coordination between Commission DGs when amending or drafting legislation is needed; |
| --- | --- |

41.

| 42. | ETC programmes should be exempt from state aid provisions because, thanks to the cross-border character of their projects, and because ETC projects are of general interest for the Union, they help build the single market rather than negatively distort it. The CoR understands that the Commission believes that a full exemption is not possible because it would require changing the treaties. However, the CoR insists that immediate simplifications are necessary and urges the Commission to rethink its future approach towards state aid; |
| --- | --- |

42.

| 43. | notes that ETC falls under the legislative framework of the EU’s cohesion policy. However, ETC programmes entail an additional international dimension, which leads to another layer of potential complexity. Moreover, ETC programmes are frequently smaller in size, which means that the administrative burden in proportion to the financial support is higher compared with mainstream cohesion policy programmes. The funding needs and types of projects are also different from those in mainstream programmes. However, cohesion policy’s Common Provisions Regulation and the existing ETC-specific regulation do not sufficiently take into account the specificities of ETC; |
| --- | --- |

43.

| 44. | requests that that the territorial specificities of ETC programmes be better taken into account in the next programming period, especially in the case of the outermost regions, given their specific situation. The CoR therefore calls on the Commission to include a number of specific proposals, which can be found at the end of this document, in the legislative proposals for the new programming period; |
| --- | --- |

44.

Building evidence of cross-border interaction to inform decision-making

| 45. | underlines the fact that addressing cross-border obstacles requires relevant territorial information and data. Unfortunately, cross-border cooperation suffers from a lack of available data and issues concerning the comparability of existing data due to different data-gathering methodologies and different legislation applied; |
| --- | --- |

45.

| 46. | welcomes the efforts to step up cooperation between statistics offices and looks forward to the findings of upcoming ESPON research on testing the methods for development of territorial indicators. Data availability is an even bigger concern for cross-border cooperation with non-EU countries. The Commission should make sure that harmonisation efforts include non EU-countries; |
| --- | --- |

46.

| 47. | regrets that many of the benefits and successes of ETC are untold because evaluation systems in cohesion policy and beyond are too narrow, focusing mainly on financial indicators and the short term impact. The benefits of ETC, however, are extremely difficult to quantify and are frequently of a soft nature, indirect and long-term. They include trust building, establishment of lasting cooperation structures, improvement of quality of life, and practical simplification and new opportunities for citizens. Therefore, the CoR urges policymakers, in particular finance departments and budgetary authorities, to take a look at the qualitative description of ETC projects to understand their real benefits; |
| --- | --- |

47.

Suggestions and recommendation on the simplification of the implementation of ETC programmes

| 48. | is worried that, due to the complexity of the current system, potential beneficiaries such as promoters of small-scale projects or small associations and NGOs do not apply for support despite having excellent project proposals; |
| --- | --- |

48.

| 49. | endorses the simplification measures put forward by the Interact programme in the Interreg post-2020 reflection paper (5) and underlines the following measures as particularly important to simplify and improve the implementation and accessibility of ETC programmes: |
| --- | --- |

49.

| 50. | the designation of authorities should no longer be required or should be limited to a description of the roles of implementing authorities within the operational programmes. The current designation procedure has led to delays and administrative burdens because auditors required large amounts of documents and evidence as they went through the set of checklists issued by the Commission. While this created administrative burdens it did not improve the implementation of the programmes; |
| --- | --- |

50.

| 51. | audits should focus on being preventive and cooperative. In practice, audits should not only indicate errors but also unnecessary regulations/procedures, as well as propose adequate solutions to avoid extra administrative requirements. Such an approach would also help strengthen the single audit principle, which must build on management verifications in order to avoid beneficiaries having to provide evidence more than once. Controls, monitoring and audits should focus more on the content and the results and not merely on the processes; |
| --- | --- |

51.

| 52. | the CPR requirements for statistical and non-statistical sampling of auditing are creating difficulty in ETC programmes due to their cross-border nature and small size of financial allocation. The coverage rate (5 % of operations, 10 % of expenditure) should be reduced or entirely left to the professional judgment of the audit authorities taking into consideration programme specificities. Errors should not be extrapolated to the whole cooperation programme if the error concerns one project partner only. The materiality level of errors should be increased to 5 % to encourage experimentation and to allow first-time project promoters, who are more likely to commit errors, to apply for support; |
| --- | --- |

52.

| 53. | a major area of difficulty in the implementation of ETC programmes concerns eligibility rules and in particular staff costs. In order to introduce real simplification, decision-makers must allow moving away from the reimbursement of real costs to instead pay for outputs delivered and, where possible, objectives achieved. A managing authority should not be required to verify or calculate the staff costs of beneficiaries. A first step would be to strengthen the use of simplified cost options further, establish more off the shelf options, and increase specific limits; |
| --- | --- |

53.

| 54. | annual closure of accounts should be reviewed and significantly simplified so that it does not create a disproportionate burden for authorities and beneficiaries and does not have a negative impact on reimbursements; |
| --- | --- |

54.

| 55. | the proportionality principle should be strengthened and its scope precisely defined in the regulation, without need for further guidance. Current legislation unfortunately tends to use the word ‘proportionate’ loosely without defining its consequences for implementation. This creates legal uncertainty and triggers additional guidance documents which contribute to the administrative burden; |
| --- | --- |

55.

| 56. | thematic concentration requirements should not apply to ETC programmes. Investment areas should be left to be discussed as part of negotiations on each ETC programme as the needs of EU border regions and transnational areas are very diverse. Some cross-border regions, which have a long history of cooperation, might be ready to focus on promoting economic growth and innovation. Most, however, still require initiatives to build mutual trust, which is the foundation of cross-border cooperation. Such initiatives include cultural and sports event as well as all other types of projects targeting citizens directly. Investment areas should, however, be consistent with the thematic priorities of the macroregional and maritime strategies when these strategies cover one or more cross-border or international cooperation programmes. Due to differences in territorial challenges, transnational cooperation also requires greater leeway in setting development policy priorities and strategies; |
| --- | --- |

56.

| 57. | the implementation of Article 20 of the ETC regulation on measures outside the EU part of the programme area must be simplified; |
| --- | --- |

57.

| 58. | in order to promote convergence of regional, and where appropriate multi-regional, programmes and cross-border, international and European cooperation programmes, Article 70(2) of the general regulation on ESIF could be amended to make it compulsory to use at least a small proportion (to be determined) of the ERDF funds allocated to regional programmes for European cooperation initiatives of benefit to the region of origin. This provision would further boost the added value of cohesion policy in future and significantly develop cooperation initiatives in Europe; |
| --- | --- |

58.

| 59. | harmonisation of implementation rules between EU-level funds managed centrally by the EU and between different ETC programmes is advisable as implementation authorities and beneficiaries are often involved in more than one programme and the application of the significantly more complex rules for the ESI funds is difficult to explain, making them less attractive. Under the various ESI funds and centrally managed funds, identical rules should therefore apply; |
| --- | --- |

59.

| 60. | community-led local development (CLLD) must include specific arrangements to allow for its use across borders. More broadly, the use of integrated territorial development instruments, including CLLD and ITI (integrated territorial investments) in cross-border cooperation should be encouraged. |
| --- | --- |

60.

Brussels, 4 July 2018.

The President of the European Committee of the Regions

Karl-Heinz LAMBERTZ

---

(1)  The implementation of macro-regional strategies, rapporteur: Raffaele Cattaneo (IT/EPP), COTER-VI/029.

1

(2)  http://ec.europa.eu/social/main.jsp?catId=1226&langId=en

2

(3)  People-to-people and small-scale projects in cross-border cooperation programmes, rapporteur Pavel Branda (CZ/ECR), COTER-VI-023.

3

(4)  Missing transport links in border regions, rapporteur Michiel Scheffer (NL/ALDE), COTER-VI-016.

4

(5)  http://interact-eu.net/#o=news/interreg-post-2020-reflection-paper

5

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| 25.10.2018 | EN | Official Journal of the European Union | C 387/21 |
| --- | --- | --- | --- |

25.10.2018

EN

Official Journal of the European Union

C 387/21

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Opinion of the European Committee of the Regions — Local and regional incentives to promote healthy and sustainable diets

(2018/C 387/05)

| Rapporteur: | Nikolaos CHIOTAKIS (EL/EPP), Member of Kifissia Municipal Council |
| --- | --- |

Rapporteur:

Nikolaos CHIOTAKIS (EL/EPP), Member of Kifissia Municipal Council

THE EUROPEAN COMMITTEE OF THE REGIONS

General comments

| 1. | emphasises the importance of promoting a healthy and active lifestyle at EU level in order to complement national policies and to implement the 2030 Agenda for Sustainable Development. Local and regional authorities must adopt and implement appropriate measures — where relevant with the support of common European programmes — that consistently reflect the population’s needs; |
| --- | --- |

1.

| 2. | recognises, in line with Articles 168 and 169 of the Treaty on the Functioning of the European Union, the key role of the EU in health and consumer protection, by supporting Member States’ policies and coordinating them in promoting healthy and sustainable food choices and tackling unfair commercial practices such as providing untruthful information to consumers, as enshrined in Goal 2 of the 2030 Agenda; |
| --- | --- |

2.

| 3. | notes that poor health related to unhealthy eating habits and a lack of physical activity is a widespread problem and is costly for society. It is more cost-effective to promote healthy and sustainable dietary patterns, such as the Mediterranean diet, than to treat illnesses. The Committee attaches the utmost importance to seeking incentives to promote healthy and at the same time sustainable choices in line with the WHO recommendations (1), given that according to recent data, there has been a growing consumption over the last decades of foodstuffs rich in calories and saturated fat, together with processed foods with high levels of sugar, trans-fats and salt (2); |
| --- | --- |

3.

| 4. | highlights the increasing differences between social groups in terms of health. The incidence of health problems such as obesity is higher among low-skilled people, but ill health can be prevented, and the socioeconomic dimension is crucial when developing measures on the basis of the needs and circumstances of different groups. Systematic, long-term measures in which a number of stakeholders work together in a coordinated way will establish the conditions for healthy and sustainable diets across the whole population; |
| --- | --- |

4.

| 5. | considers it necessary to use public governance tools to promote heathy eating habits. These tools should be understood in the broad sense — they may include taxes, subsidies and legislation, but also spatial planning and infrastructure, labelling and reformulation; |
| --- | --- |

5.

| 6. | points out that the objective of sustainable production and consumption is an integral and indivisible part of the Agenda 2030 process, which balances human health and wellbeing for all and the three dimensions of sustainable development: economic, social and environmental; |
| --- | --- |

6.

| 7. | points out that particular attention should be given to the quality of food products and services at all stages, from production to consumption (for example, agricultural production, fisheries, livestock farming, the processing industry, trade and a policy of promoting products to end-users — consumers), promoting sustainable production methods and healthy patterns of consumption, entirely in line with Goal 12 — sustainable consumption and production patterns — of the 2030 Agenda; |
| --- | --- |

7.

| 8. | recognises that local and regional authorities provide a link between all the stakeholders (national, regional and local producers, retailers, consumers, businesses and educational institutions, e.g. schools, universities, etc.), and at the same time are situated closest to citizens, who frequently seek information from them on their rights as consumers; |
| --- | --- |

8.

| 9. | notes that the Council has repeatedly called on the Commission to take action in the field of health, physical activity and nutrition; |
| --- | --- |

9.

| 10. | calls on the Commission, in keeping with Goal 2 of the 2030 Agenda, to propose standards that have been applied by regions in order to reduce food waste, recognising that a large proportion of food produced in Europe is not used, and highlighting the importance of research programmes that set out to assess food policy in studies published on the subject (3); |
| --- | --- |

10.

| 11. | underlines that local food production can contribute to regional economic and social development, preventing rural depopulation and excessive demographic pressure on urban centres. Local and regional authorities can play a significant role in boosting sustainability by promoting short supply chains, planning effective food waste prevention schemes, conducting targeted public information campaigns to raise awareness, also involving the large-scale retail sector; |
| --- | --- |

11.

| 12. | calls on local and regional authorities to coordinate local and regional measures aimed at promoting healthy and sustainable diets by introducing effective action plans on nutrition and physical activity, building on partnerships between the relevant levels of government and stakeholders; |
| --- | --- |

12.

| 13. | considers that strategies can only be effective if they are supported by local measures and initiatives on their part, and therefore considers it desirable for regional and local bodies to be involved in EU activities, as they are closest to EU citizens; |
| --- | --- |

13.

Dietary education for children and meals in schools and nurseries

| 14. | urges the promotion of local training and skills development for those in contact with children (nursery and school teachers, school meal inspectors, paediatricians and also bodies that play a significant role in dietary education for children) in order to promote healthy eating from the introduction of complementary foods onwards whilst enabling school environment and procurement measures which are conducive to health, in order to safeguard Goals 4.7 and 12.8 of the 2030 Agenda; |
| --- | --- |

14.

| 15. | considers it essential to include compulsory dietary education programmes in schools, at all levels, with a particular focus on nursery and primary schools, where the bases of dietary behaviour are formed. It is suggested that the programmes should include classes on theory, educational workshops and information visits on a range of subjects (e.g. cookery and food management workshops, and visits to places where food is produced, processed and packaged). The aim of the programmes will be to promote healthy eating habits, and, at the same time, guide the younger generation towards more sustainable dietary choices in the form of unprocessed fresh, local and seasonal products of plant origin; |
| --- | --- |

15.

| 16. | considers it crucial to provide high-quality products in nurseries and schools (school menus, self-service meals, canteens, cafeterias and vending machines) — certified according to quality standards — so that healthy, nutritious choices are available; |
| --- | --- |

16.

| 17. | notes that local and regional authorities, which have direct control over educational institutions, can influence dietary practice in these institutions, thus improving the health of Europe’s youngest citizens; |
| --- | --- |

17.

| 18. | welcomes the publication of Public Procurement of Food for Health — technical report on the school setting, and urges the Commission to translate it into the other official languages of the EU so that all local and regional authorities who purchase food and food-related services for schools use this support document to ensure compliance with public food procurement specifications; |
| --- | --- |

18.

| 19. | welcomes the action taken by the Commission for children through schemes to provide EU-subsidised milk, fruit and vegetables in nurseries and schools; |
| --- | --- |

19.

| 20. | the relevant public authorities in the different EU Member States should recognise and treat food and healthy and sustainable diets as part of the education mission; |
| --- | --- |

20.

| 21. | supports amending the Audiovisual Media Services Directive (AVMSD) to tighten the rules on marketing and advertising of foods and soft drink products high in fat, salt or sugar that will be seen by children and young people, and not only during programmes for which they are the target audience, in order to reduce the exposure of future adult citizens to these types of marketing, in keeping with the call made by the WHO (4); |
| --- | --- |

21.

Adult information and education

| 22. | believes that it is important to carry out regular public information campaigns — in order to reach Goal 12.8 of the 2030 Agenda — on the positive health impact of fresh fruit and vegetables produced with sustainable methods and of reducing the consumption of foods rich in saturated and trans-fats, salt and sugar, especially processed products that are high in these ingredients. Such campaigns promote a healthy diet, prevent disease and contribute to better public health; in addition, calls in this regard on the European Commission to propose legislation for the introduction of a compulsory traffic light rating or other colour labelling system on fat, saturated fats, sugar and salt, and for local and regional authorities to then provide information to the public in order to make it clear how consumers are to use the food label |
| --- | --- |

22.

| 23. | notes that because the work environment is well suited to promoting healthy and sustainable dietary patterns, it is extremely important that only products of excellent quality and high nutritional value are supplied (in restaurant meals, canteens, cafeterias and vending machines), at least in public services where local and regional authority staff work, but also where possible in any public or private enterprise, to ensure healthier and more nutritious choices for employees; |
| --- | --- |

23.

| 24. | considers it of great importance to protect consumers from misleading advertising messages. To this end, local and regional authorities should organise information campaigns on food labelling and dietary and nutritional claims, educating consumers to make more sustainable choices by promoting healthy dietary patterns, such as, for example, the Mediterranean diet; |
| --- | --- |

24.

| 25. | urges the Council, the European Parliament and the European Commission to make use of the opportunity to amend the AVMSD to strengthen the rules on the marketing and advertising of foods high in fat, salt or sugar, and of alcoholic beverages, and points to the urgent need to address the new challenges of marketing and advertising through on-line platforms and digital media, where messages are more difficult to monitor; |
| --- | --- |

25.

Initiatives to build local authority capacity

| 26. | considers that cooperation with the WHO is necessary in order to ensure that the monitoring system is up-to-date where nutrition is concerned, with a view to the adoption of the next programme of action in the field of health. |
| --- | --- |

26.

| 27. | notes that some subsidised measures such as identifying alternative sources of protein (5) can be effective in terms of modifying dietary behaviour, but their cost-effectiveness and impact on changing consumer choices over the long-term require further studying; |
| --- | --- |

27.

| 28. | calls on the European Commission to issue, by the end of 2018, the report on the impact of innovative systems for food labelling, analysing examples of existing food labelling systems; |
| --- | --- |

28.

| 29. | calls on the European Commission to propose, after examining existing food labelling systems, a mandatory, single European colour labelling system, in which colours would be applied on a basis of 100 g units, on the front of food packaging throughout the EU, providing consumers with clear information on the sugar, salt and fat content, encouraging healthier eating patterns. The CoR proposes that the nutritional labelling also be available online, in keeping with modern technological requirements; |
| --- | --- |

29.

| 30. | calls for specific standards to be introduced for products bearing nutritional and health claims on their labels regarding their sugar, salt and fat content. These specifications should be a pre-requisite for any product to be able to make such a claim; |
| --- | --- |

30.

| 31. | attaches importance to defining specific substantial and effective objectives for reducing sugar, trans-fats and salt for many categories of food and drinks, accompanied by national strategies to meet these objectives; |
| --- | --- |

31.

| 32. | points out to local authorities that they should prioritise, through public procurement in the food sector for all public bodies (including hospitals, nursing homes, retirement homes, kindergartens, schools, prisons and their canteens), to serve as role models by selling and providing healthy, local and seasonal foodstuffs that ensure sustainability and to make their contribution to Goal 12.7 — sustainable public procurement — of the 2030 Agenda. To achieve this goal, recommends favouring local producers in public procurement procedures in order to promote healthy diets and the development of the local economy; |
| --- | --- |

32.

| 33. | underlines the need to introduce guidelines, reflecting examples of effective strategies in some countries for healthier eating patterns. Progress should be made with regard to free access to drinking water. For example, Andalusia is working on legislation that includes a measure in this area: ‘businesses responsible for setting up or maintaining vending machines selling packaged food and drink, if any, in educational establishments and public recreational spaces for children, shall install and maintain an operational source of drinking water that is free to access, either integrated into the distributor or located at a distance of up to 2 metres from it’. A further such example is Greece, where in order to provide, at a competitive price, a basic good such as water, together with some other staples, rather than other beverages and foodstuffs, maximum prices are set — for example, half a euro for half a litre of bottled water — for standing customers at certain sales points (canteens, snack bars, bars, restaurants and other establishments serving food and drinks, vending machines, etc.), where competition is not feasible (such as airports, sports centres, passenger ships, hospitals, educational establishments, railway stations, museums, recreational areas, etc.); |
| --- | --- |

33.

| 34. | calls on the Commission to establish specific nutritional profiles and the conditions, including exemptions, that must be respected in order to make nutritional or health claims on foods and/or categories of foods; |
| --- | --- |

34.

| 35. | once again calls on the EU institutions regarding the need to make it obligatory for alcoholic products to indicate ingredients and nutritional information, including the calories they contain. One should also include health warnings on alcohol products and energy drinks. More in particular, calls upon the European Commission, Council and European Parliament to lift the exemption granted to alcohol beverages within the EU Regulation (EC) No 1169/2011 on the provision of food information to consumers, thus enabling consumers to make informed choices; |
| --- | --- |

35.

| 36. | considers that there should be cooperation between the European institutions and European and national associations involved in nutrition and food issues, together with national public bodies, with a view to stepping up private initiatives to promote healthy and sustainable diets; |
| --- | --- |

36.

During the production process

| 37. | recognises the importance of ensuring healthy and fertile soil as key factor for ensuring food security and therefore advocates organic farming practices and the use of organic fertilisers and soil improvers to boost organic soil content, enhancing its structure and water infiltration capacity; |
| --- | --- |

37.

| 38. | reiterates the need for local actors to support young farmers so that it is viable to develop farming, keep rural areas alive, and introduce schemes such as community supported agriculture (CSA); |
| --- | --- |

38.

| 39. | calls for measures to promote the acquisition of technical and managerial skills and know-how, and the extension of innovation into a range of business sectors, in order to improve the sustainable management of production and subsequent processing, with the aim of providing authentic products with traceable production chains; |
| --- | --- |

39.

| 40. | recommends that support be provided through the relevant EU policies to stimulate the development and promotion of healthy food production; |
| --- | --- |

40.

| 41. | calls for consultancy services to be fostered, with the aim of enhancing business competitiveness through sustainable and quality-oriented management; |
| --- | --- |

41.

| 42. | calls for cooperation between local authorities, training centres and national universities to boost research into sustainable food choices at every stage of production, leading to products that are recognisable in terms of quality geared to healthy eating: in particular, protocols should be used that indicate the use of fewer chemical fertilisers, antibiotics and pesticides; |
| --- | --- |

42.

| 43. | underlines the need to stimulate and sustain the development of a food production system that respects the environment, reduces packaging and food waste to achieve elimination, limits CO2 emissions and supports sustainable production practices; |
| --- | --- |

43.

| 44. | calls for support for farmers that work with high-quality farm products and foodstuffs, and for information and promotion campaigns for these products, in cooperation with the relevant local authorities; |
| --- | --- |

44.

| 45. | highlights the need to invest in innovation using eco-friendly and product-oriented technologies; |
| --- | --- |

45.

| 46. | proposes exploring local opportunities for promoting voluntary engagement in ensuring healthy eating habits, e.g. by participating on a voluntary basis in producing food in allotments, etc.; |
| --- | --- |

46.

| 47. | urges farms to diversify by developing tourism and social activities, helping them to widen the supply of local products, strengthen the territorial presence of short-chain production, and extend the consumption of authentic, locally-linked products; |
| --- | --- |

47.

During the food processing stage

| 48. | calls on the food industry to invest in redeveloping existing foods that are rich in saturated fat, sugar and salt, as well as in research and development of innovative, healthy and tasty food and speciality products (such as gluten-free and lactose-free products, among others), produced with modern technologies, at affordable prices, encouraging health and sustainable choices; |
| --- | --- |

48.

| 49. | encourages companies to introduce sustainable practices and include this in their reporting, in line with Goal 12.6 of the 2030 Agenda; |
| --- | --- |

49.

| 50. | supports packaging of fresh produce for preservation and short chains to protect the marketing of local, healthy produce; |
| --- | --- |

50.

| 51. | calls for investment in agricultural transformation. Such investment must ensure a reduced impact on the product and rationalise the use of packaging, with a view to producing less refuse and waste while safeguarding products; |
| --- | --- |

51.

| 52. | attaches importance to the cooperation of all stakeholders in setting up a comprehensive, compulsory, easily recognisable European food labelling system for all products, including products currently exempted by law, with an increase in the content of nutritional information, so that consumers can make informed choices about what they consume; |
| --- | --- |

52.

| 53. | suggests marking mountain products with a specific graphic symbol to highlight their particular features, such as soil, air or water quality and production volume; |
| --- | --- |

53.

| 54. | is strongly in favour of the introduction of a single European system for determining the size of portions, to allow comparison between countries’ respective products; |
| --- | --- |

54.

| 55. | urges industry to work with local and regional authorities with a view to taking steps at national, community and local level to promote healthy diets as part of their corporate social responsibility commitment; |
| --- | --- |

55.

Local producers, farmers’ markets and street vendors

| 56. | welcomes the efforts of local authorities to support alternative food networks such as organic farmers’ markets that offer healthy and sustainable food choices; |
| --- | --- |

56.

| 57. | welcomes the efforts of local and regional authorities helping to establish study groups in which producers and processors exchange practical experiences concerning organic farming. The work of such study groups can complement traditional agriculture programmes offered by training centres, schools and universities; |
| --- | --- |

57.

| 58. | calls for measures to support the introduction of basic local services and networks to consolidate the market for local products, agri-tourism and the protection and revitalisation of rural areas to foster exchange of healthy, traditional foods; |
| --- | --- |

58.

| 59. | welcomes private initiatives by local NGOs that guide consumers towards making healthy lifestyle choices, complementing government policies and legislative initiatives at European and national level; |
| --- | --- |

59.

| 60. | calls on local media (television, radio, internet, the press and social media) to take part in food education campaigns and to comply with the regulatory restrictions on the advertising of unhealthy food and beverages, in line with the call issued by the World Health Organisation; |
| --- | --- |

60.

| 61. | advocates the development of food networks, including farmers’ markets, where local producers offer healthy, high-quality food directly to consumers at reasonable prices. In addition, they preserve the food culture of the local community and help protect biodiversity; |
| --- | --- |

61.

| 62. | draws attention to the fact that strategic planning and cooperation at all levels of governance, with the involvement of relevant players, are crucial to promoting healthy and sustainable choices; |
| --- | --- |

62.

| 63. | supports the shared conviction that if sustainable solutions are to be found, robust partnerships with local authorities are a prerequisite. |
| --- | --- |

63.

Brussels, 4 July 2018.

The President of the European Committee of the Regions

Karl-Heinz LAMBERTZ

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(1)  Healthy diet, Fact sheet No 394, updated September 2015

1

(2)  http://ec.europa.eu/eurostat/documents/2995521/7694616/3-14102016-BP-EN.pdf

2

(3)  https://ec.europa.eu/jrc/sites/jrcsh/files/public-procurement-food-health-technical-report.pdf

3

(4)  http://www.hse.ie/eng/about/Who/healthwellbeing/Our-Priority-Programmes/HEAL/HEAL-docs/tackling-food-marketing-to-children-in-a-digital-world-trans-disciplinary-perspectives-WHO-2016.pdf

4

(5)  http://eur-lex.europa.eu/eli/dec_impl/2014/424/oj

5

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| 25.10.2018 | EN | Official Journal of the European Union | C 387/27 |
| --- | --- | --- | --- |

25.10.2018

EN

Official Journal of the European Union

C 387/27

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Opinion of the European Committee of the Regions — Proposals for reform of the Economic and Monetary Union (December 2017)

(2018/C 387/06)

| Rapporteur: | Christophe ROUILLON (FR/PES), Mayor of Coulaines |
| --- | --- |
| Reference documents: | Proposal for a Council Directive laying down provisions for strengthening fiscal responsibility and the medium-term budgetary orientation in the Member States
  COM(2017) 824 final
  Communication from the Commission to the European Parliament, the European Council, the Council and the European Central Bank — A European minister of economy and finance
  COM(2017) 823 final
  Proposal for a Council Regulation on the establishment of the European Monetary Fund
  COM(2017) 827 final
  For information:
  Communication from the Commission to the European Parliament, the European Council, the Council and the European Central Bank — Further steps towards completing Europe’s economic and monetary union: a Roadmap
  COM(2017) 821 final |

Rapporteur:

Christophe ROUILLON (FR/PES), Mayor of Coulaines

Reference documents:

Proposal for a Council Directive laying down provisions for strengthening fiscal responsibility and the medium-term budgetary orientation in the Member States

COM(2017) 824 final

Communication from the Commission to the European Parliament, the European Council, the Council and the European Central Bank — A European minister of economy and finance

COM(2017) 823 final

Proposal for a Council Regulation on the establishment of the European Monetary Fund

COM(2017) 827 final

For information:

Communication from the Commission to the European Parliament, the European Council, the Council and the European Central Bank — Further steps towards completing Europe’s economic and monetary union: a Roadmap

COM(2017) 821 final

I.   RECOMMENDATIONS FOR AMENDMENTS

Proposal for a Council Directive laying down provisions for strengthening fiscal responsibility and the medium-term budgetary orientation in the Member States

(COM(2017) 824 final)

Amendment 1

Recital 7

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Since
  the economic and financial crisis has left
  a number of Member States with
  a legacy of
  high public debt, a framework of numerical fiscal rules specific to each Member State and which aim at strengthening its responsible conduct of fiscal policy while effectively promoting compliance with the budgetary obligations deriving from the TFEU is instrumental in ensuring convergence of public debt to prudent levels. Such a framework should operate in particular by setting a medium-term objective in terms of structural balance that is binding on the national budgetary authorities and their annual decisions. Medium-term objectives for the budgetary position allow the different public-debt-to-GDP ratios and sustainability risks of Member States to be taken into account, anchoring debt developments towards the reference value set out in Article 1 of Protocol No 12 on the excessive deficit procedure annexed to the Treaty on European Union and to the TFEU. | Since a number of Member States
  are confronted
  with
  both
  high public debt
  and public under-investment
  , a framework of numerical fiscal rules specific to each Member State and which aim at strengthening its responsible conduct of fiscal policy while effectively promoting compliance with the budgetary obligations deriving from the TFEU is instrumental in ensuring convergence of public debt to prudent levels. Such a framework should operate in particular by setting
  , based on a transparent and democratic procedure at national level,
  a medium-term objective in terms of structural balance that is binding on the national budgetary authorities and their annual decisions. Medium-term objectives for the budgetary position allow the different public-debt-to-GDP ratios and sustainability risks of Member States to be taken into account
  , and for consideration to be given to the implementation at Member State level of structural reforms with European added value that correspond to European shared or supporting competences and that may have a substantial socio-economic impact
  , anchoring debt developments towards the reference value set out in Article 1 of Protocol No 12 on the excessive deficit procedure annexed to the Treaty on European Union and to the TFEU. |

Text proposed by the Commission

CoR amendment

Since
  the economic and financial crisis has left
  a number of Member States with
  a legacy of
  high public debt, a framework of numerical fiscal rules specific to each Member State and which aim at strengthening its responsible conduct of fiscal policy while effectively promoting compliance with the budgetary obligations deriving from the TFEU is instrumental in ensuring convergence of public debt to prudent levels. Such a framework should operate in particular by setting a medium-term objective in terms of structural balance that is binding on the national budgetary authorities and their annual decisions. Medium-term objectives for the budgetary position allow the different public-debt-to-GDP ratios and sustainability risks of Member States to be taken into account, anchoring debt developments towards the reference value set out in Article 1 of Protocol No 12 on the excessive deficit procedure annexed to the Treaty on European Union and to the TFEU.

Since a number of Member States
  are confronted
  with
  both
  high public debt
  and public under-investment
  , a framework of numerical fiscal rules specific to each Member State and which aim at strengthening its responsible conduct of fiscal policy while effectively promoting compliance with the budgetary obligations deriving from the TFEU is instrumental in ensuring convergence of public debt to prudent levels. Such a framework should operate in particular by setting
  , based on a transparent and democratic procedure at national level,
  a medium-term objective in terms of structural balance that is binding on the national budgetary authorities and their annual decisions. Medium-term objectives for the budgetary position allow the different public-debt-to-GDP ratios and sustainability risks of Member States to be taken into account
  , and for consideration to be given to the implementation at Member State level of structural reforms with European added value that correspond to European shared or supporting competences and that may have a substantial socio-economic impact
  , anchoring debt developments towards the reference value set out in Article 1 of Protocol No 12 on the excessive deficit procedure annexed to the Treaty on European Union and to the TFEU.

Reason

Self-explanatory.

Amendment 2

Recital 8

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| In order to achieve and maintain the medium-term objective in structural terms, it is necessary for Member States to set out a consistent adjustment path, based on variables under the control of the budgetary authorities. National fiscal planning underpinned by a government expenditure path adjusted for the impact of discretionary revenue measures favours effectiveness, transparency and accountability when monitoring fiscal developments. In order to tightly connect plans with the overall fiscal outcomes in the medium-term
  and to ensure an enhanced sense of national ownership of fiscal policy
  , a medium-term growth path of government expenditure
  net of discretionary revenue measures
  should be set for the whole term of the legislature as established by the constitutional legal order of each Member State.
  That path should be set as soon as a new government takes office and annual
  budgets should adhere to
  it
  so as to bring about
  resolute
  convergence towards the medium-term objective. | In order to achieve and maintain the medium-term objective in structural terms, it is necessary for Member States to set out a consistent adjustment path, based on variables under the control of the budgetary authorities. National fiscal planning underpinned by a government expenditure path adjusted for the impact of discretionary revenue measures favours effectiveness, transparency and accountability when monitoring fiscal developments. In order to tightly connect plans with the overall fiscal outcomes in the medium-term
  , and respecting the Member States’ prerogatives with regard to taxation, as well as the provisions of Articles 110-113 TFEU
  , a medium-term growth path of government expenditure should be set for the whole term of the legislature as established by the constitutional legal order of each Member State
  , based on a transparent and democratic procedure involving local and regional authorities and the economic and social partners in line with the principles of partnership and multi-level governance and thus enabling an enhanced sense of national ownership of fiscal policy
  .
  Annual
  budgets should adhere to
  that path
  so as to bring about
  sequenced
  convergence towards the medium-term objective. |

Text proposed by the Commission

CoR amendment

In order to achieve and maintain the medium-term objective in structural terms, it is necessary for Member States to set out a consistent adjustment path, based on variables under the control of the budgetary authorities. National fiscal planning underpinned by a government expenditure path adjusted for the impact of discretionary revenue measures favours effectiveness, transparency and accountability when monitoring fiscal developments. In order to tightly connect plans with the overall fiscal outcomes in the medium-term
  and to ensure an enhanced sense of national ownership of fiscal policy
  , a medium-term growth path of government expenditure
  net of discretionary revenue measures
  should be set for the whole term of the legislature as established by the constitutional legal order of each Member State.
  That path should be set as soon as a new government takes office and annual
  budgets should adhere to
  it
  so as to bring about
  resolute
  convergence towards the medium-term objective.

In order to achieve and maintain the medium-term objective in structural terms, it is necessary for Member States to set out a consistent adjustment path, based on variables under the control of the budgetary authorities. National fiscal planning underpinned by a government expenditure path adjusted for the impact of discretionary revenue measures favours effectiveness, transparency and accountability when monitoring fiscal developments. In order to tightly connect plans with the overall fiscal outcomes in the medium-term
  , and respecting the Member States’ prerogatives with regard to taxation, as well as the provisions of Articles 110-113 TFEU
  , a medium-term growth path of government expenditure should be set for the whole term of the legislature as established by the constitutional legal order of each Member State
  , based on a transparent and democratic procedure involving local and regional authorities and the economic and social partners in line with the principles of partnership and multi-level governance and thus enabling an enhanced sense of national ownership of fiscal policy
  .
  Annual
  budgets should adhere to
  that path
  so as to bring about
  sequenced
  convergence towards the medium-term objective.

Reason

| — | A ‘medium-term growth path of government expenditure’ does not in itself ‘ensure an enhanced sense of national ownership of fiscal policy’. |
| --- | --- |

—

A ‘medium-term growth path of government expenditure’ does not in itself ‘ensure an enhanced sense of national ownership of fiscal policy’.

| — | The path cannot be established both for the legislature and for the entry into office of governments. |
| --- | --- |

—

The path cannot be established both for the legislature and for the entry into office of governments.

Amendment 3

Recital 9

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Due to their future positive effects, the
  implementation of major structural reforms fostering long-run sustainability could justify changes in the adjustment path towards the medium-term objective, provided that they have a verifiable positive budgetary impact which is confirmed by the assessment conducted according to the procedural requirements of the SGP. In order to facilitate economic stabilisation, exceptional circumstances — in the form of severe economic downturns for the euro area or the Union as a whole or unusual events outside the control of the Member State concerned which have a major budgetary impact — should allow for a temporary deviation from the medium-term objective or the adjustment path towards it, where such a deviation does not endanger fiscal sustainability in the medium-term. | The
  implementation of major structural reforms
  that have European added value and are linked to EU competences or the implementation of public investments
  fostering long-run sustainability could justify changes in the adjustment path towards the medium-term objective, provided that they have a verifiable positive budgetary impact which is confirmed by the assessment conducted according to the procedural requirements of the SGP. In order to facilitate economic stabilisation, exceptional circumstances — in the form of severe economic downturns for
  one or more Member States,
  the euro area or the Union as a whole or unusual events outside the control of the Member State concerned which have a major budgetary impact — should allow for a temporary deviation from the medium-term objective or the adjustment path towards it, where such a deviation does not endanger fiscal sustainability in the medium-term. |

Text proposed by the Commission

CoR amendment

Due to their future positive effects, the
  implementation of major structural reforms fostering long-run sustainability could justify changes in the adjustment path towards the medium-term objective, provided that they have a verifiable positive budgetary impact which is confirmed by the assessment conducted according to the procedural requirements of the SGP. In order to facilitate economic stabilisation, exceptional circumstances — in the form of severe economic downturns for the euro area or the Union as a whole or unusual events outside the control of the Member State concerned which have a major budgetary impact — should allow for a temporary deviation from the medium-term objective or the adjustment path towards it, where such a deviation does not endanger fiscal sustainability in the medium-term.

The
  implementation of major structural reforms
  that have European added value and are linked to EU competences or the implementation of public investments
  fostering long-run sustainability could justify changes in the adjustment path towards the medium-term objective, provided that they have a verifiable positive budgetary impact which is confirmed by the assessment conducted according to the procedural requirements of the SGP. In order to facilitate economic stabilisation, exceptional circumstances — in the form of severe economic downturns for
  one or more Member States,
  the euro area or the Union as a whole or unusual events outside the control of the Member State concerned which have a major budgetary impact — should allow for a temporary deviation from the medium-term objective or the adjustment path towards it, where such a deviation does not endanger fiscal sustainability in the medium-term.

Reason

| — | Certain public investments with positive, direct and verifiable long-term budgetary effects on growth and on the sustainability of public finances are deemed to be equivalent to major structural reforms in the context of the Stability and Growth Pact (SGP). The SGP’s ‘investment clause’ should also be taken into account when drawing up national fiscal rules. |
| --- | --- |

—

Certain public investments with positive, direct and verifiable long-term budgetary effects on growth and on the sustainability of public finances are deemed to be equivalent to major structural reforms in the context of the Stability and Growth Pact (SGP). The SGP’s ‘investment clause’ should also be taken into account when drawing up national fiscal rules.

| — | As regards the establishment of a framework of fiscal rules at national level, it is necessary to take into account any exceptional circumstances affecting one or more Member States, without however causing a recession across the euro area or the EU. |
| --- | --- |

—

As regards the establishment of a framework of fiscal rules at national level, it is necessary to take into account any exceptional circumstances affecting one or more Member States, without however causing a recession across the euro area or the EU.

Amendment 4

Recital 17

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Article 13 of the TSCG lays down that budgetary policies and other issues covered by that Treaty will be discussed in the framework of inter-parliamentary meetings held by the European Parliament and the national Parliaments of the Contracting Parties under Title II of Protocol No 1 on the role of national Parliaments in the European Union attached to the Treaties. This Directive
  should apply without prejudice to
  that practice, since such dialogue contributes to enhancing democratic accountability in the context of the Union’s economic governance. | Article 13 of the TSCG lays down that budgetary policies and other issues covered by that Treaty will be discussed in the framework of inter-parliamentary meetings held by the European Parliament and the national Parliaments of the Contracting Parties under Title II of Protocol No 1 on the role of national Parliaments in the European Union attached to the Treaties.
  The European Committee of the Regions and the European Economic and Social Committee are involved in these meetings.
  This Directive
  reaffirms
  that practice, since such dialogue contributes to enhancing democratic accountability in the context of the Union’s economic governance. |

Text proposed by the Commission

CoR amendment

Article 13 of the TSCG lays down that budgetary policies and other issues covered by that Treaty will be discussed in the framework of inter-parliamentary meetings held by the European Parliament and the national Parliaments of the Contracting Parties under Title II of Protocol No 1 on the role of national Parliaments in the European Union attached to the Treaties. This Directive
  should apply without prejudice to
  that practice, since such dialogue contributes to enhancing democratic accountability in the context of the Union’s economic governance.

Article 13 of the TSCG lays down that budgetary policies and other issues covered by that Treaty will be discussed in the framework of inter-parliamentary meetings held by the European Parliament and the national Parliaments of the Contracting Parties under Title II of Protocol No 1 on the role of national Parliaments in the European Union attached to the Treaties.
  The European Committee of the Regions and the European Economic and Social Committee are involved in these meetings.
  This Directive
  reaffirms
  that practice, since such dialogue contributes to enhancing democratic accountability in the context of the Union’s economic governance.

Reason

The practice of inter-parliamentary meetings helps to strengthen democratic accountability in the context of EU economic governance and should therefore be reaffirmed. Furthermore, the CoR’s effective involvement in these meetings should be recognised.

Amendment 5

Article 2(a)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Article 2
  Definitions | Article 2
  Definitions |
| (...) | (...) |
| In addition, the following definitions shall also apply:






  (a) | ‘exceptional circumstances’ means an unusual event outside the control of the Member State concerned and which has a major impact on the financial position of the general government, or a severe economic downturn for the euro area or the Union as a whole; |

Text proposed by the Commission

CoR amendment

Article 2

Definitions

Article 2

Definitions

(...)

(...)

In addition, the following definitions shall also apply:

(a)

‘exceptional circumstances’ means an unusual event outside the control of the Member State concerned and which has a major impact on the financial position of the general government, or a severe economic downturn for the euro area or the Union as a whole;

In addition, the following definitions shall also apply:

| (a) | ‘exceptional circumstances’ means an unusual event outside the control of the Member State concerned and which has a major impact on the financial position of the general government, or a severe economic downturn for
  one or more Member States,
  the euro area or the Union as a whole; |
| --- | --- |

(a)

‘exceptional circumstances’ means an unusual event outside the control of the Member State concerned and which has a major impact on the financial position of the general government, or a severe economic downturn for
  one or more Member States,
  the euro area or the Union as a whole;

Reason

See amendment to recital 9.

Amendment 6

Article 3(2)(a)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Article 3
  Fiscal responsibility and medium-term budgetary orientation | Article 3
  Fiscal responsibility and medium-term budgetary orientation |
| (...) | (...) |
| (a) | annual budgets shall ensure compliance with the medium-term objective referred to in point (a) of paragraph 1 or convergence towards it, specifically by ensuring adherence to the government expenditure path referred to in point (b) of that paragraph. When defining the adjustment path towards the medium-term objective and acting in line with the procedural requirements of the Union framework, Member States may take into account the implementation of major structural reforms which have direct long-term positive budgetary effects, including by increasing potential sustainable growth, and therefore a verifiable impact on the long-term sustainability of public finances. |

Text proposed by the Commission

CoR amendment

Article 3

Fiscal responsibility and medium-term budgetary orientation

Article 3

Fiscal responsibility and medium-term budgetary orientation

(...)

(...)

(a)

annual budgets shall ensure compliance with the medium-term objective referred to in point (a) of paragraph 1 or convergence towards it, specifically by ensuring adherence to the government expenditure path referred to in point (b) of that paragraph. When defining the adjustment path towards the medium-term objective and acting in line with the procedural requirements of the Union framework, Member States may take into account the implementation of major structural reforms which have direct long-term positive budgetary effects, including by increasing potential sustainable growth, and therefore a verifiable impact on the long-term sustainability of public finances.

| (a) | annual budgets shall ensure compliance with the medium-term objective referred to in point (a) of paragraph 1 or convergence towards it, specifically by ensuring adherence to the government expenditure path referred to in point (b) of that paragraph. When defining the adjustment path towards the medium-term objective and acting in line with the procedural requirements of the Union framework, Member States may take into account: the implementation of major structural reforms
  that have added European value, corresponding to shared or supporting competences and that may have a significant socio-economic impact, the implementation of public investments, and co-financing of European Structural and Investment Funds or European Fund for Strategic Investments,
  which have direct long-term positive budgetary effects, including by increasing potential sustainable growth, and therefore a verifiable impact on the long-term sustainability of public finances. |
| --- | --- |

(a)

annual budgets shall ensure compliance with the medium-term objective referred to in point (a) of paragraph 1 or convergence towards it, specifically by ensuring adherence to the government expenditure path referred to in point (b) of that paragraph. When defining the adjustment path towards the medium-term objective and acting in line with the procedural requirements of the Union framework, Member States may take into account: the implementation of major structural reforms
  that have added European value, corresponding to shared or supporting competences and that may have a significant socio-economic impact, the implementation of public investments, and co-financing of European Structural and Investment Funds or European Fund for Strategic Investments,
  which have direct long-term positive budgetary effects, including by increasing potential sustainable growth, and therefore a verifiable impact on the long-term sustainability of public finances.

Reason

Certain public investments with positive, direct and verifiable long-term budgetary effects on growth and on the sustainability of public finances are deemed to be equivalent to major structural reforms in the context of the Stability and Growth Pact. The SGP’s ‘investment clause’ should also be taken into account when drawing up national fiscal rules.

Amendment 7

Article 3(4)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Article 3
  Fiscal responsibility and medium-term budgetary orientation



  4.
     
  Member States shall designate independent bodies for monitoring compliance with the provisions in paragraphs 1 and 2. The independent bodies shall provide public assessments to ascertain:










  (a) | adequacy of the medium-term objective under point (a) of paragraph 1 and of the government expenditure path referred to in point (b) of paragraph 1. That assessment shall take into account in particular the plausibility of the underlying macroeconomic forecast, the degree of specification of the planned government expenditure and revenue and the potential direct long-term positive budgetary effects of major structural reforms; |

Text proposed by the Commission

CoR amendment

Article 3

Fiscal responsibility and medium-term budgetary orientation

4.
     
  Member States shall designate independent bodies for monitoring compliance with the provisions in paragraphs 1 and 2. The independent bodies shall provide public assessments to ascertain:

(a)

adequacy of the medium-term objective under point (a) of paragraph 1 and of the government expenditure path referred to in point (b) of paragraph 1. That assessment shall take into account in particular the plausibility of the underlying macroeconomic forecast, the degree of specification of the planned government expenditure and revenue and the potential direct long-term positive budgetary effects of major structural reforms;

| (b) | compliance with the medium-term objective and the government expenditure path, including the existence of a serious risk of occurrence of a significant deviation from the medium-term objective or the adjustment path towards it; |
| --- | --- |

(b)

compliance with the medium-term objective and the government expenditure path, including the existence of a serious risk of occurrence of a significant deviation from the medium-term objective or the adjustment path towards it;

| (c) | occurrence or cessation of any exceptional circumstances as referred to under paragraph 3. |
| --- | --- |

(c)

occurrence or cessation of any exceptional circumstances as referred to under paragraph 3.

Reason

Reason

All Member States already have public institutions capable of independently assessing government expenditure and revenue. There is no need to create additional bodies, whose legitimacy appears vague, at the risk of undermining national ownership of budgetary policy.

Amendment 8

Amendment 8

Insert a new article after Article 5.

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| | New article




  Inter-parliamentary conferences




  As provided for in Title II of the Protocol (No l) on the role of national parliaments in the European Union, annexed to the EU Treaties, the European Parliament and the Member States’ national parliaments shall together determine the organisation and promotion of a conference of representatives of the relevant committees of the European Parliament and national parliaments in order to discuss budgetary policies and the economic governance of the Union. The EU’s consultative bodies — the European Committee of the Regions and the European Economic and Social Committee — are involved in these conferences. |

Text proposed by the Commission

CoR amendment

New article

New article

Inter-parliamentary conferences

Inter-parliamentary conferences

As provided for in Title II of the Protocol (No l) on the role of national parliaments in the European Union, annexed to the EU Treaties, the European Parliament and the Member States’ national parliaments shall together determine the organisation and promotion of a conference of representatives of the relevant committees of the European Parliament and national parliaments in order to discuss budgetary policies and the economic governance of the Union. The EU’s consultative bodies — the European Committee of the Regions and the European Economic and Social Committee — are involved in these conferences.

As provided for in Title II of the Protocol (No l) on the role of national parliaments in the European Union, annexed to the EU Treaties, the European Parliament and the Member States’ national parliaments shall together determine the organisation and promotion of a conference of representatives of the relevant committees of the European Parliament and national parliaments in order to discuss budgetary policies and the economic governance of the Union. The EU’s consultative bodies — the European Committee of the Regions and the European Economic and Social Committee — are involved in these conferences.

Reason

Reason

See amendment 4 amending recital 17.

II.   POLICY RECOMMENDATIONS

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

| 1. | welcomes the Commission’s willingness to reform and deepen the Economic and Monetary Union (EMU) as soon as possible, while the EU economy is in the process of relative recovery, ensuring that convergence between the Eurozone and non-Eurozone Member States is supported. Since 2008, the crisis has laid bare the weaknesses in the institutional framework of the euro area, and the measures adopted are not sufficient to ensure its stability and prosperity in the face of any new economic and financial shocks; stresses that the lack of convergence and cohesion within the EU as well as economic and banking vulnerabilities have a particular impact on local and regional authorities, including with regard to the increase in social expenditure due to the crisis and restrictions on their ability to invest and preserve an acceptable quality of public services (1); |
| --- | --- |

1.

welcomes the Commission’s willingness to reform and deepen the Economic and Monetary Union (EMU) as soon as possible, while the EU economy is in the process of relative recovery, ensuring that convergence between the Eurozone and non-Eurozone Member States is supported. Since 2008, the crisis has laid bare the weaknesses in the institutional framework of the euro area, and the measures adopted are not sufficient to ensure its stability and prosperity in the face of any new economic and financial shocks; stresses that the lack of convergence and cohesion within the EU as well as economic and banking vulnerabilities have a particular impact on local and regional authorities, including with regard to the increase in social expenditure due to the crisis and restrictions on their ability to invest and preserve an acceptable quality of public services (1

| 2. | supports the principle of introducing a budgetary capacity aimed at increasing the euro area’s resilience, and paving the way for convergence with future euro area members. This capacity must however be financed from own resources that are separate from those provided for financing the budget of the European Union to avoid any encroachment by this capacity on EU programmes that are accessible to the EU-27. Furthermore, this capacity should be accounted for outside the ceiling for EU budget resources; |
| --- | --- |

2.

supports the principle of introducing a budgetary capacity aimed at increasing the euro area’s resilience, and paving the way for convergence with future euro area members. This capacity must however be financed from own resources that are separate from those provided for financing the budget of the European Union to avoid any encroachment by this capacity on EU programmes that are accessible to the EU-27. Furthermore, this capacity should be accounted for outside the ceiling for EU budget resources;

| 3. | regrets, however, that the Commission proposal presented on 31 May 2018 allocates this capacity to structural reform measures that are not necessarily linked to euro area convergence, and to a European Investment Stabilisation Function in the form of loans up to the relatively modest amount of EUR 30 billion, and earmarks only EUR 2,16 billion for the actual Convergence Facility; |
| --- | --- |

3.

regrets, however, that the Commission proposal presented on 31 May 2018 allocates this capacity to structural reform measures that are not necessarily linked to euro area convergence, and to a European Investment Stabilisation Function in the form of loans up to the relatively modest amount of EUR 30 billion, and earmarks only EUR 2,16 billion for the actual Convergence Facility;

| 4. | agrees with possible EU co-financing for structural reforms at national level where these reforms are in areas of EU competence, in line with the principle of subsidiarity, focusing on measures with EU added value and a significant positive economic impact. The proposal for a regulation presented on 31 May 2018, which establishes the Reform Support Programme with an overall budget of EUR 25 billion, will be the subject of a separate CoR opinion; |
| --- | --- |

4.

agrees with possible EU co-financing for structural reforms at national level where these reforms are in areas of EU competence, in line with the principle of subsidiarity, focusing on measures with EU added value and a significant positive economic impact. The proposal for a regulation presented on 31 May 2018, which establishes the Reform Support Programme with an overall budget of EUR 25 billion, will be the subject of a separate CoR opinion;

| 5. | considers, however, that these new financial tools cannot be financed to the detriment of cohesion policy (2) (3); |
| --- | --- |

5.

considers, however, that these new financial tools cannot be financed to the detriment of cohesion policy (2

3

| 6. | reiterates its call for better coordination of economic policies, but also social policies, under the European semester, and calls for local and regional authorities to be more closely involved by means of a ‘code of conduct’ (4); |
| --- | --- |

6.

reiterates its call for better coordination of economic policies, but also social policies, under the European semester, and calls for local and regional authorities to be more closely involved by means of a ‘code of conduct’ (4

| 7. | stresses that the current European rules and procedures for monitoring national budgets in the EU are not able to effectively prevent imbalances and weaknesses and lack democratic legitimacy; |
| --- | --- |

7.

stresses that the current European rules and procedures for monitoring national budgets in the EU are not able to effectively prevent imbalances and weaknesses and lack democratic legitimacy;

| 8. | takes note of the European Commission’s proposal on sovereign bond-backed securities (SBBS), which is aimed at increasing integration and diversification within Europe’s financial sector. The CoR recognises that, in principle, the SBBS would not involve the mutualisation of risks and losses among euro area Member States and that such bonds would make it possible to weaken the link between banks and sovereign borrowers and to de-privilege sovereign bonds. However, the CoR reiterates its concerns about how the ‘repackaging’ of sovereign bonds into securitised products would reduce the risk rather than redistribute it to unregulated financial players (5); |
| --- | --- |

8.

takes note of the European Commission’s proposal on sovereign bond-backed securities (SBBS), which is aimed at increasing integration and diversification within Europe’s financial sector. The CoR recognises that, in principle, the SBBS would not involve the mutualisation of risks and losses among euro area Member States and that such bonds would make it possible to weaken the link between banks and sovereign borrowers and to de-privilege sovereign bonds. However, the CoR reiterates its concerns about how the ‘repackaging’ of sovereign bonds into securitised products would reduce the risk rather than redistribute it to unregulated financial players (5

| 9. | stresses the urgent need to complete the banking union and regrets that the European Council postponed adopting the roadmap for its finalisation until June 2018. For its part, is in favour of parallel moves to reduce the volume of bad debts and non-performing loans held by banks, while gradually introducing a European deposit insurance scheme; |
| --- | --- |

9.

stresses the urgent need to complete the banking union and regrets that the European Council postponed adopting the roadmap for its finalisation until June 2018. For its part, is in favour of parallel moves to reduce the volume of bad debts and non-performing loans held by banks, while gradually introducing a European deposit insurance scheme;

Proposal for a Council Directive laying down provisions for strengthening fiscal responsibility and the medium-term budgetary orientation in the Member States

Proposal for a Council Directive laying down provisions for strengthening fiscal responsibility and the medium-term budgetary orientation in the Member States

| 10. | takes note of the Commission’s proposal aimed at incorporating the content of the Treaty on Stability, Coordination and Governance (TSCG) into the EU legal framework, which was provided for in Article 16 of the TSCG itself; questions, however, the appropriateness, from a legal, political and democratic point of view, of relying on a proposal for a directive (based on Article 126(14) of the Treaty on the Functioning of the European Union) which only provides for consultation of the European Parliament and hence does not guarantee transparent and democratic decision-making, which would be necessary given the interests at stake; |
| --- | --- |

10.

takes note of the Commission’s proposal aimed at incorporating the content of the Treaty on Stability, Coordination and Governance (TSCG) into the EU legal framework, which was provided for in Article 16 of the TSCG itself; questions, however, the appropriateness, from a legal, political and democratic point of view, of relying on a proposal for a directive (based on Article 126(14) of the Treaty on the Functioning of the European Union) which only provides for consultation of the European Parliament and hence does not guarantee transparent and democratic decision-making, which would be necessary given the interests at stake;

| 11. | stresses, however, that the TSCG envisages this incorporation being carried out ‘on the basis of an assessment of the experience with its implementation’, which does not appear to have been carried out in a comprehensive way and published by the Commission. Such an assessment should have highlighted the worrying public investment situation in the EU. According to Eurostat, overall public investment in the EU fell from 3,4 % of GDP in 2008 to 2,7 % in 2016. At the same time, investment by local authorities also fell, from 1,5 % of GDP in 2008 to 1,1 % in 2016, with the situation being much more serious in some Member States (6); notes with regret, therefore, that public investments are often the most affected by fiscal consolidation policies, including at local and regional level, despite local and regional authorities being responsible for more than half of public investment in the EU and their investments having a direct impact on local economies and on the daily lives of ordinary people; in this connection, is also worried about the growing centralisation of public investment, the share of investment made by local and regional authorities having noticeably fallen compared to the level of 60 % seen in the 1990s (7). Similarly, the assessment should have highlighted the impact that the crisis and fiscal consolidation policies had on social spending and welfare state services in many countries and regions; |
| --- | --- |

11.

stresses, however, that the TSCG envisages this incorporation being carried out ‘on the basis of an assessment of the experience with its implementation’, which does not appear to have been carried out in a comprehensive way and published by the Commission. Such an assessment should have highlighted the worrying public investment situation in the EU. According to Eurostat, overall public investment in the EU fell from 3,4 % of GDP in 2008 to 2,7 % in 2016. At the same time, investment by local authorities also fell, from 1,5 % of GDP in 2008 to 1,1 % in 2016, with the situation being much more serious in some Member States (6

7

| 12. | is therefore concerned about the lack of mention of public investment in the Commission proposal, especially since the necessary flexibility regarding investments has been previously recognised, including in the Commission communication of January 2015 on this issue (8), and since some public investments have long-term positive and verifiable effects on growth, and therefore on the viability of public finances; also points out in this connection that Article 126(3) TFEU provides that the report drawn up prior to launching the excessive deficit procedure ‘shall also take into account whether the government deficit exceeds government investment expenditure and take into account other relevant factors’. |
| --- | --- |

12.

is therefore concerned about the lack of mention of public investment in the Commission proposal, especially since the necessary flexibility regarding investments has been previously recognised, including in the Commission communication of January 2015 on this issue (8

| 13. | further points out that the CoR had questioned the legal certainty provided by an interpretative communication from the Commission and concluded that it would be necessary to take into account the degree of underinvestment at national or regional level in order to produce a real impact on local and regional authorities’ ability to invest (9); considers this analysis borne out by the communication of 23 May 2018 on the review of the flexibility under the Stability and Growth Pact (10), which states that only four Member States have applied to make use of the structural reform and/or investment clauses since 2015 while nearly half of the Member States would have been eligible to make use of the structural reform clause. Indeed, the condition that a Member State must be experiencing bad economic times to benefit from the investment clause has limited its use significantly. The requirement to respect the safety margin vis-à-vis the 3 % deficit ceiling for three years has also proven constraining for some Member States. By the Commission’s own admission, ‘the impact (of the interpretative communication) on public investment volumes is complex to assess with precision’. Therefore, it would seem that the scope of the communication needs to be widened in order to have an effect on the level of investments; |
| --- | --- |

13.

further points out that the CoR had questioned the legal certainty provided by an interpretative communication from the Commission and concluded that it would be necessary to take into account the degree of underinvestment at national or regional level in order to produce a real impact on local and regional authorities’ ability to invest (9

10

| 14. | reiterates its call for public spending by Member States and local and regional authorities linked to co-financing of the Structural and Investment Funds, the trans-European networks and the Connecting Europe Facility not to be included among national or equivalent structural expenditure as defined in the Stability and Growth Pact (SGP), without other conditions, given that this investment is by definition of high quality and ‘European’ in nature; |
| --- | --- |

14.

reiterates its call for public spending by Member States and local and regional authorities linked to co-financing of the Structural and Investment Funds, the trans-European networks and the Connecting Europe Facility not to be included among national or equivalent structural expenditure as defined in the Stability and Growth Pact (SGP), without other conditions, given that this investment is by definition of high quality and ‘European’ in nature;

| 15. | points out that, under Protocol No 12 TFEU, Member States are responsible for deficits of the general government, which includes all levels of government. At the same time, however, the effect of EU fiscal rules on European local and regional authorities differs widely. Their impact depends on (a) the way in which the Member States have transposed EU fiscal rules into national law; (b) the level of fiscal decentralisation within a Member State; (c) the scope of local and regional authorities’ competences; and (d) the financial situation of these authorities, which can vary very widely, even within a Member State; |
| --- | --- |

15.

points out that, under Protocol No 12 TFEU, Member States are responsible for deficits of the general government, which includes all levels of government. At the same time, however, the effect of EU fiscal rules on European local and regional authorities differs widely. Their impact depends on (a) the way in which the Member States have transposed EU fiscal rules into national law; (b) the level of fiscal decentralisation within a Member State; (c) the scope of local and regional authorities’ competences; and (d) the financial situation of these authorities, which can vary very widely, even within a Member State;

| 16. | calls once again on the Commission to publish a white paper setting out an EU-level typology for the quality of public investment in public expenditure accounts, on the basis of its long-term effects (11); |
| --- | --- |

16.

calls once again on the Commission to publish a white paper setting out an EU-level typology for the quality of public investment in public expenditure accounts, on the basis of its long-term effects (11

| 17. | believes that the directive on establishing a framework of fiscal rules at national level should take into account any exceptional circumstances affecting one or more Member States without however causing a recession across the euro area or the EU; |
| --- | --- |

17.

believes that the directive on establishing a framework of fiscal rules at national level should take into account any exceptional circumstances affecting one or more Member States without however causing a recession across the euro area or the EU;

| 18. | reiterates its concerns regarding Eurostat’s accounting framework, ESA 2010, implemented as of September 2014, which makes no distinction between expenditure and investment. In certain Member States these standards are being transposed into national law in a way that results in local and regional authorities being obliged to apply maximum investment ceilings per year and per inhabitant. These ceilings hinder in particular local and regional authorities from providing the co-financing needed for ESIF projects. These ceilings also hamper those LRAs which have financial means in reserve from launching significant investment projects not related to ESIF; therefore calls on the European Commission to present a report on the implementation of ESA 2010; |
| --- | --- |

18.

reiterates its concerns regarding Eurostat’s accounting framework, ESA 2010, implemented as of September 2014, which makes no distinction between expenditure and investment. In certain Member States these standards are being transposed into national law in a way that results in local and regional authorities being obliged to apply maximum investment ceilings per year and per inhabitant. These ceilings hinder in particular local and regional authorities from providing the co-financing needed for ESIF projects. These ceilings also hamper those LRAs which have financial means in reserve from launching significant investment projects not related to ESIF; therefore calls on the European Commission to present a report on the implementation of ESA 2010;

| 19. | notes that one sound way of managing the Growth and Stability Pact rules without allowing ‘creative accounting’ to creep in by the back door is to change the depreciation rules for public investment and not to count the total cost of investment as a cost in the first year, but — just as private companies do — to write it off over the expected lifespan of the investment; |
| --- | --- |

19.

notes that one sound way of managing the Growth and Stability Pact rules without allowing ‘creative accounting’ to creep in by the back door is to change the depreciation rules for public investment and not to count the total cost of investment as a cost in the first year, but — just as private companies do — to write it off over the expected lifespan of the investment;

| 20. | considers that the practice of inter-parliamentary meetings, as provided for in Article 13 of the TSCG, contributes to strengthening democratic accountability within the EU’s economic governance framework and should therefore be reaffirmed in the present proposal for a directive, but calls for the CoR’s involvement in these meetings to be formalised, in order to recognise the need to involve local and regional authorities in economic governance; |
| --- | --- |

20.

considers that the practice of inter-parliamentary meetings, as provided for in Article 13 of the TSCG, contributes to strengthening democratic accountability within the EU’s economic governance framework and should therefore be reaffirmed in the present proposal for a directive, but calls for the CoR’s involvement in these meetings to be formalised, in order to recognise the need to involve local and regional authorities in economic governance;

Proposal for a Council Regulation on the establishment of the European Monetary Fund

Proposal for a Council Regulation on the establishment of the European Monetary Fund

| 21. | believes that the European Financial Stability Facility (EFSF) and its successor, the European Stability Mechanism (ESM), were vital tools in managing the economic and financial crisis in the short term; notes, however, that decisions taken within the ESM lack transparency, that the required unanimity remains a potential source of blockages, and that these tools are outside the European legal framework; |
| --- | --- |

21.

believes that the European Financial Stability Facility (EFSF) and its successor, the European Stability Mechanism (ESM), were vital tools in managing the economic and financial crisis in the short term; notes, however, that decisions taken within the ESM lack transparency, that the required unanimity remains a potential source of blockages, and that these tools are outside the European legal framework;

| 22. | therefore welcomes the fact that the Commission proposal incorporates the ESM into primary EU law, and without prejudice to the non-Eurozone Member States, makes it accountable to the European Parliament and subject to the obligation to publish annual reports and accounts, to the rules on accessing documents, and to the European Anti-Fraud Office (OLAF) and the European Ombudsman; |
| --- | --- |

22.

therefore welcomes the fact that the Commission proposal incorporates the ESM into primary EU law, and without prejudice to the non-Eurozone Member States, makes it accountable to the European Parliament and subject to the obligation to publish annual reports and accounts, to the rules on accessing documents, and to the European Anti-Fraud Office (OLAF) and the European Ombudsman;

| 23. | also supports the Commission proposal for important decisions regarding, inter alia, the granting of financial assistance, to be taken by an 85 % weighted majority, according to the capital provided, and no longer based on unanimity, which should facilitate decision-making; |
| --- | --- |

23.

also supports the Commission proposal for important decisions regarding, inter alia, the granting of financial assistance, to be taken by an 85 % weighted majority, according to the capital provided, and no longer based on unanimity, which should facilitate decision-making;

| 24. | also supports the use of the European Monetary Fund as a ‘backstop’ for the Single Resolution Fund (SRF), a key element of the Banking Union, if the latter’s resources are insufficient to facilitate the orderly resolution of banks in difficulties; |
| --- | --- |

24.

also supports the use of the European Monetary Fund as a ‘backstop’ for the Single Resolution Fund (SRF), a key element of the Banking Union, if the latter’s resources are insufficient to facilitate the orderly resolution of banks in difficulties;

| 25. | suggests, however, changing the name of the fund, to make it more comprehensible and transparent for citizens; under Article 127 TFEU, monetary policy is set and implemented by the European Central Bank and the national central banks within the European System of Central Banks (ESCB); as the fund envisaged by the regulation in question would not be involved in this in any way, its name should not include the term ‘monetary’; believes that the title ‘European Assistance Fund’ or ‘European Stabilisation Fund’ would be more suitable; |
| --- | --- |

25.

suggests, however, changing the name of the fund, to make it more comprehensible and transparent for citizens; under Article 127 TFEU, monetary policy is set and implemented by the European Central Bank and the national central banks within the European System of Central Banks (ESCB); as the fund envisaged by the regulation in question would not be involved in this in any way, its name should not include the term ‘monetary’; believes that the title ‘European Assistance Fund’ or ‘European Stabilisation Fund’ would be more suitable;

Communication: A European Minister of Economy and Finance

Communication: A European Minister of Economy and Finance

| 26. | welcomes the Commission’s communication on a European Minister of Economy and Finance who would be both a Vice-President of the Commission and President of the Eurogroup — and thus doubly legitimate — and who would embody more democratically accountable and comprehensible EMU governance. However, there is a need to specify how this role is to be carried out so that it does not lead to further centralisation of fiscal decision-making; |
| --- | --- |

26.

welcomes the Commission’s communication on a European Minister of Economy and Finance who would be both a Vice-President of the Commission and President of the Eurogroup — and thus doubly legitimate — and who would embody more democratically accountable and comprehensible EMU governance. However, there is a need to specify how this role is to be carried out so that it does not lead to further centralisation of fiscal decision-making;

| 27. | restates its support for the merging of the function of President of the Eurogroup and the Commissioner for Economic and Monetary Affairs, in order to represent the general interest of the euro area within the Eurogroup and make it accountable to the European Parliament, which is not currently the case; |
| --- | --- |

27.

restates its support for the merging of the function of President of the Eurogroup and the Commissioner for Economic and Monetary Affairs, in order to represent the general interest of the euro area within the Eurogroup and make it accountable to the European Parliament, which is not currently the case;

| 28. | notes that, if the European Minister of Economy and Finance is elected, the combined legal bases of Article 2 of Protocol 14 on the Eurogroup and Article 17 TEU would apply; |
| --- | --- |

28.

notes that, if the European Minister of Economy and Finance is elected, the combined legal bases of Article 2 of Protocol 14 on the Eurogroup and Article 17 TEU would apply;

| 29. | considers, however, that this must be accompanied by a thorough reform of the Eurogroup itself, whose status needs to be more formalised and which should, for instance, publish detailed minutes, so that major decisions taken at these meetings are taken in a transparent manner; |
| --- | --- |

29.

considers, however, that this must be accompanied by a thorough reform of the Eurogroup itself, whose status needs to be more formalised and which should, for instance, publish detailed minutes, so that major decisions taken at these meetings are taken in a transparent manner;

| 30. | also reiterates its firm belief that the democratic deficit problem of the EMU can only be resolved if European citizens are convinced that the principle of social progress is also supported by it, and that employment, wage growth and social standards are not seen as secondary to macroeconomic and budgetary concerns; |
| --- | --- |

30.

also reiterates its firm belief that the democratic deficit problem of the EMU can only be resolved if European citizens are convinced that the principle of social progress is also supported by it, and that employment, wage growth and social standards are not seen as secondary to macroeconomic and budgetary concerns;

| 31. | points out that deepening the EMU and coordinating fiscal policy are absolutely crucial, in particular by implementing the Banking and Capital Markets Union and the EMF. At the same time, it is important to take into account the political situation and public opinion. |
| --- | --- |

31.

points out that deepening the EMU and coordinating fiscal policy are absolutely crucial, in particular by implementing the Banking and Capital Markets Union and the EMF. At the same time, it is important to take into account the political situation and public opinion.

Brussels, 5 July 2018.

The President of the European Committee of the Regions

Karl-Heinz LAMBERTZ

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(1)  CoR opinion: Reflection Paper on the Deepening of the Economic and Monetary Union by 2025. Adopted on 30 November 2017. Rapporteur: Christophe Rouillon (FR/PES): http://webapi.cor.europa.eu/documentsanonymous/cor-2017-03197-00-01-ac-tra-en.docx

1

Reflection Paper on the Deepening of the Economic and Monetary Union by 2025

(2)  CoR resolution: Changing the ESI funds Common Provisions Regulation to support structural reforms. Adopted on 1 February 2018: http://webapi.cor.europa.eu/documentsanonymous/cor-2017-06173-00-00-res-tra-en.docx

2

Changing the ESI funds Common Provisions Regulation to support structural reforms

(3)  CoR opinion: The amended SRSP and new budgetary instruments for the euro area. Rapporteur: Olga Zrihen (BE/PES) Adopted on 22 March 2018. http://webapi.cor.europa.eu/documentsanonymous/cor-2018-00502-00-00-ac-tra-en.docx

3

The amended SRSP and new budgetary instruments for the euro area

(4)  CoR opinion: Improving the governance of the European Semester: a Code of Conduct for the involvement of local and regional authorities. Rapporteur: Rob Jonkman (NL/ECR) Adopted on 11 May 2017. OJ C 306, 15.9.2017, p.24.

4

Improving the governance of the European Semester: a Code of Conduct for the involvement of local and regional authorities

(5)  See point 22 of the CoR opinion of 30 November 2017 on the ‘Reflection paper on the Deepening of the Economic and Monetary Union by 2025’.

5

(6)  Eurostat: General government gross fixed capital formation. Code: tec00022. Provisional data for 2016. http://ec.europa.eu/eurostat/tgm/refreshTableAction.do?tab=table&plugin=1&pcode=tec00022&language=en

6

(7)  European Commission (EU), Seventh report on economic, social and territorial cohesion. September 2017, p. 168. http://ec.europa.eu/regional_policy/en/information/cohesion-report/

7

Seventh report on economic, social and territorial cohesion

(8)  European Commission communication: Making the best use of the flexibility within the existing rules of the Stability and Growth Pact. 13 January 2015. Ref.: COM(2015) 12 final: http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52015DC0012&from=EN

8

Making the best use of the flexibility within the existing rules of the Stability and Growth Pact

(9)  CoR opinion: Making the best use of the flexibility within the existing rules of the Stability and Growth Pact. Adopted on 9 July 2015. Rapporteur: Olga Zrihen (BE/PES) OJ C 313, 22.9.2015, p. 22.

9

Making the best use of the flexibility within the existing rules of the Stability and Growth Pact

(10)  COM(2018) 335 final.

10

(11)  CoR opinion: Promoting quality of public spending in matters subject to EU action Adopted on 3 December 2014. Rapporteur: Catiuscia Marini (IT/PES). OJ C 19, 21.1.2015, p. 4.

11

Promoting quality of public spending in matters subject to EU action

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| 25.10.2018 | EN | Official Journal of the European Union | C 387/37 |
| --- | --- | --- | --- |

25.10.2018

EN

Official Journal of the European Union

C 387/37

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Opinion of the European Committee of the Regions — Public procurement package

(2018/C 387/07)

| Rapporteur: | Adrian Ovidiu TEBAN (RO/EPP), Mayor of Cugir |
| --- | --- |
| References documents: | Communication on Making Public Procurement work in and for Europe
  COM(2017) 572 final
  Communication on Helping investment through a voluntary ex-ante assessment of the procurement aspects for large infrastructure projects
  COM(2017) 573 final
  Commission Recommendation on the Professionalisation of public procurement
  C(2017) 6654 final |

Rapporteur:

Adrian Ovidiu TEBAN (RO/EPP), Mayor of Cugir

References documents:

Communication on Making Public Procurement work in and for Europe

COM(2017) 572 final

Communication on Helping investment through a voluntary ex-ante assessment of the procurement aspects for large infrastructure projects

COM(2017) 573 final

Commission Recommendation on the Professionalisation of public procurement

C(2017) 6654 final

I.   GENERAL COMMENTS

THE EUROPEAN COMMITTEE OF THE REGIONS

| 1. | notes that the 2014 directives on public procurement have recently been transposed in many Member States and the authorities and economic players are still adjusting to them by means of training and advisory processes; in connection with this, notes that more progress also needs to be made on digital public procurement; |
| --- | --- |

1.

| 2. | calls on the Commission to carry out a thorough assessment, within three years of transposition in all Member States, of how EU rules on public procurement have been transposed into national legislation and how they are being implemented, recommending a multilevel approach; considers that this assessment of the implementation of these rules should emphasise both the way in which they are implemented at local and regional level, in light of the weight of subnational authorities in the field of public procurement, which represent key partners in the implementation phase, and the extent to which the new standards have simplified or complicated regulation in this area, transposing the directives properly, facilitated access to calls for tender by SMEs, cut red tape and increased take up of strategic procurement. Moreover, it should assess whether they have contributed and to what extent to an increase in efficiency in public spending and improving employment. As a follow up to discussions in the Task Force on Subsidiarity, the CoR is prepared to cooperate with the other European Institutions in providing better feedback on EU policy implementation at local and regional level with the aim to make the Union’s legislation work better for its citizens; |
| --- | --- |

2.

| 3. | considers that strategic procurement, introduced by the 2014 reform, adds another layer of complexity to procurement procedures and that procurement officers may need further training to avoid uncertainty as regards the legality of adding additional criteria to promote innovative or social and environmental objectives; stresses that any new Commission initiative in the field of public procurement must be assessed carefully with a view to taking into account local circumstances and to avoiding any increase in the administrative burden on the awarding authorities; |
| --- | --- |

3.

| 4. | regrets firstly that state aid rules, EU accounting rules such as the ESA 2010 rule and Commission practice in effect exert pressure to use public procurement as an ‘easier’ way of complying with EU competition rules and avoiding challenges of ‘over-compensation’. As a result, the discretion of Member States to organise their public services, particularly in the social field is limited and runs counter to the provisions of Article 14 TFEU. Secondly, points out that there is no equivalent in the context of state aid to the ‘in-house exemption’ available under the public procurement rules, which adds further strain, uncertainty and distortions in management, leading ultimately to worse budgetary implementation; |
| --- | --- |

4.

| 5. | expresses its concern with regard to the fact that the Commission’s Quality of public administration: a toolbox for practitioners. 2017 edition (1), suggests that it is almost an obligation for public administrations to engage in strategic procurement to deliver better societal outcomes, including with regard to sustainability and innovation, and that public administrations have an important public policy imperative to engage with contractors; |
| --- | --- |

5.

| 6. | would point out, in this regard, that the consideration of green, social and innovative criteria under the 2014 reform must be left to the discretion of the public authority in question, in line with the principle of local autonomy in organising public services and taking into account, inter alia, criteria regarding opportunity, along with a balanced impact assessment of the costs and outcome of the investment; |
| --- | --- |

6.

| 7. | stresses that, by using their purchasing power to choose environmentally friendly goods, services and works, European public authorities can make a significant contribution to sustainable consumption and production, to a more resource-efficient economy, and thus to the implementation of the Sustainable Development Goals (SDGs), through the voluntary instrument of green public procurement. In this regard, the Committee welcomes the publication, in October 2017, of the European Commission’s brochure on Public Procurement for a Circular Economy (2); |
| --- | --- |

7.

| 8. | emphasises that the right of public authorities to provide and organise their services directly was approved and the concepts of ‘in-house’ and ‘public-public cooperation’ defined by the 2014 reform. Public procurement is thus only one of many alternative ways of providing public services and should not determine the form of management; |
| --- | --- |

8.

| 9. | calls on the Commission to swiftly finalise the draft on public procurement of innovation and the guide on socially responsible public procurement in order to facilitate the implementation of the relevant legal provisions in the Member States, in particular using ‘most economically advantageous tender’ as the primary award criterion; in this regard, invites the Commission to clarify that this does not mean the lowest prices; |
| --- | --- |

9.

II.   POLICY RECOMMENDATIONS

On the Communication on Making public procurement work in and for Europe,

| 10. | supports the view that effective governance of public procurement is an integral part of the quality of public administration across the EU, since it is a genuinely cross-cutting government function concerning virtually every public body from federal ministries to local state-owned utilities, making it broadly representative of the quality of government (3) and to this end public procurement should be incorporated into the EU’s better regulation agenda; |
| --- | --- |

10.

| 11. | notes that the package is being discussed before the deadlines for the gradual introduction of new Procurement rules for the use of digital tools by October 2018. It is therefore yet to be seen if the new e-procurement rules will achieve their intended goals and if further regulatory fi ne-tuning will be needed; |
| --- | --- |

11.

| 12. | considers that current public procurement legislation places such strong emphasis on ensuring transparency and strategic use of public procurement that the efficiency of the procedure is undermined. For this reason, smaller local and regional authorities in particular are overwhelmed by public procurement because they fear making procedural mistakes or are reluctant to change traditional patterns of procurement or to develop innovative public procurement; standardised procurement documents should therefore be drafted; |
| --- | --- |

12.

| 13. | points out that the complex procedures and lack of standardised documents have raised the administrative cost of public procurement (for both buyers and sellers) and that the relative ease with which procurement decisions can be challenged in an appeal court have led to a high number of court cases and extensive litigation; while transposing the objectives of directives, Member States’ legislation should not increase the complexity of regulation, nor extend it linearly below the thresholds, as has happened in some Members States. The increasing number of claims brought under the Remedies Directive by bidders shows that the Commission and Member States have to take decisive initiatives to prevent bidders from misusing the rights they have under the Remedies Directive; |
| --- | --- |

13.

| 14. | in a similar vein, notes that public procurement of innovation raises further governance and coherence issues between the primary goals of public procurement and its goal as an innovation policy instrument. Innovation in public procurement also means that higher levels of conceptual, operational and managerial skills, as well as standardised documents, are needed to tackle the multilateral negotiations involved in complex projects; |
| --- | --- |

14.

| 15. | notes in this regard that the CoR’s analytical work on the European Semester shows that public procurement is a recurrent obstacle to investment (4). The CoR study on Obstacles to investments at local and regional level indicates that public procurement rules represented a significant challenge to investment for cities and regions, particularly due to complexity, diversity in the drafting of rules, or inefficiency in the public procurement framework and to the excessive length and uncertainty regarding legal procedures (5); |
| --- | --- |

15.

| 16. | considers that the communication’s statement that in 55 % of calls for tender, the contract is still awarded on the basis of the lowest price may be misleading since the 2014 reform significantly expanded the possibility to consider strategic procurement criteria and the new legal framework was only transposed into national law in 2016; this time period does not allow for a comprehensive evaluation of the impact of the new framework. The Committee would add that awarding a contract based solely on the lowest price does not mean that in a given procurement procedure, social or environmental objectives have not been taken into account as well: strategic criteria can just as well be effectively indicated in the relevant specifications, for example by fully considering certain environmental or energy-related criteria. In these cases, the contract was awarded on the basis of the lowest price, while all the strategic criteria have been fully considered according to EU rules; |
| --- | --- |

16.

| 17. | refers, in that respect, to a relevant study for the DG for Internal Market, Industry, Entrepreneurship and SMEs on Strategic use of public procurement in promoting green, social and innovation policies (6), which stresses that regional and local authorities conduct a range of strategic procurement procedures (for instance, Spain), followed by bodies governed by public law such as public schools, universities and hospitals; |
| --- | --- |

17.

| 18. | recalls that when the new public procurement directives were adopted, the promotion of SMEs was highlighted as one of the five main points of the reform of public procurement; however, a 2016 survey of the winners of the CoR’s ‘European Entrepreneurial Region’ award indicates that the degree of simplification is not yet sufficient to increase access by SMEs to public procurement (7); notes that public procurement is of a major importance to SMEs and their interests should be placed at the heart of the public procurement policy and its implementation; |
| --- | --- |

18.

| 19. | as regards cross-border procurement, highlights that the Commission Communication on Boosting growth and cohesion in EU border regions (8), adopted on 20 September 2017, points out that the root cause of many border difficulties is the different regulations in national legal and administrative systems. Standards stipulated by EU law are often applied with varying degrees of stringency in various Member States. As a result, when two different systems meet along internal borders, this may create complexity and sometimes even legal uncertainty, generating additional costs; |
| --- | --- |

19.

| 20. | therefore reiterates its strong belief that the focus of the Commission at this stage has to be on the implementation of the 2014 directives, since even with a European legal framework, Member States have a degree of flexibility and discretion in the way they transpose this legislation in their national systems and this might, for instance, restrict SMEs’ access to public contracts or impede cross-border procurement; |
| --- | --- |

20.

| 21. | considers that the implementation initiative Increasing transparency, integrity and better data, and in particular the sub-initiative Promote the establishment of publicly accessible contract registers, are key, Nevertheless, the Commission needs to help authorities, not only through practical examples/best practices, but especially through the adoption of documents, forms and standardised specifications, as has already been done with the European Single Procurement Document, which may help to comply with transparency requirements without facilitating collusion by disseminating information which exceeds legal requirements; |
| --- | --- |

21.

| 22. | in a similar vein, supports the Commission’s implementation sub-initiative Provide guidelines on practical application of new integrity provisions and on exclusion grounds relating to collusion, and set up a database on irregularities as a step in the right direction and considers that raising the overall awareness of procurement officials though tailored training sessions and providing them with tools to prevent, detect and address corporate crimes such as corruption, collusion and money laundering should be a government priority; |
| --- | --- |

22.

| 23. | regards the Commission’s proposal — as part of the efforts to build a broad collaborative partnership — to organise voluntary structured dialogues on public procurement which, where relevant, would be fully aligned with the European Semester process, as a step in the right direction, albeit under certain conditions. Since the partners taking part in the partnership are expected to make voluntary commitments, it has to be clear from the outset that these partners have to be vested with legitimacy. At the same time, it should not undermine the fact that the 2014 directives on public procurement gave local authorities discretion to decide on the consideration of green, social and innovative criteria, and should ensure that the social partners are adequately represented in this partnership; |
| --- | --- |

23.

| 24. | notes that, as underscored by the Commission, authorities at all levels and stakeholders are best placed to determine the content and level of their commitments; emphasises that it is not clear, however, whether local and regional authorities will be involved, as they should, in the proposed structured dialogues or whether the European Parliament and the Council will be the Commission’s only partners in this exercise; |
| --- | --- |

24.

On the Commission’s Recommendation on the professionalisation of public procurement,

| 25. | welcomes the Commission’s recommendation as public administrations are expected to make public procurement more efficient and accessible and to leverage it to boost innovation and digitalisation; calls on the Member States to strive for a rapid digital transformation of procedures and for the introduction of e-processes for all major stages, namely from notification, access to tenders and submission to evaluation, contract award, ordering, invoicing and payment; |
| --- | --- |

25.

| 26. | considers that regulation, the Commission’s initiatives in this field and the resulting administrative burden upon public authorities have to be proportionate to the weight that public procurement above EU thresholds has in comparison with all public procurement procedures in any given Member State, including public procurement below EU thresholds and that the Commission should take care to safeguard this proportionality; |
| --- | --- |

26.

| 27. | opposes any kind of binding guidelines for the training and education of administrative staff since such rules could violate the sovereignty of the Member States, the regions and the local authorities with regard to the organisation of their respective administrations; |
| --- | --- |

27.

| 28. | refers to the European Commission’s staff working document on The value added of ex ante conditionalities in the European Structural and Investment Funds published on 31 March 2017 (9), which states that ex ante conditionalities have helped to transpose and implement relevant EU legislation and to tackle barriers to investment in the EU and supported EU policy objectives, and that they have triggered policy reforms and the delivery of relevant country-specific recommendations; |
| --- | --- |

28.

| 29. | regards these initiatives from the European Commission as key to the successful implementation of the EU public procurement framework, but considers that the effectiveness of all these instruments/initiatives must be thoroughly assessed, their synergies and complementarities highlighted and additional measures fully justified so as to avoid placing any unnecessary administrative burdens on local and regional authorities; |
| --- | --- |

29.

| 30. | regrets that scant reference is made to the fact that professionalisation should take place within the overall political strategy and within policies to promote social and green procurement and more broadly to ensure that public money is well spent; considers that professionalisation of buyers should not be seen as separate from good governance/professionalisation in general in operating and providing good local services; |
| --- | --- |

30.

| 31. | in the same vein, stresses that as regards public services, in many cases it might be better to keep services in-house or to use alternatives to public procurement; |
| --- | --- |

31.

| 32. | welcomes the fact that the Commission’s proposal of 7 June 2018 for a Regulation establishing the Programme for the single market provides for the option of ‘support[ing] measures to ensure a wider uptake of strategic public procurement, the professionalisation of public buyers, improved access to procurement markets for SMEs, increase of transparency, integrity and better data, boosting the digital transformation of procurement and promotion of joint procurement, through strengthening a partnership approach with the Member States, improving data gathering and data analysis including through development of dedicated IT tools, supporting exchange of experiences and good practices, providing guidance, pursuing beneficial trade agreements, strengthening cooperation among national authorities and launching pilot projects’ (10); |
| --- | --- |

32.

| 33. | notes that more guidance is needed on e-forms and e-procurement procedures so as to avoid national approaches clashing with the EU’s approach and local and regional authorities being left uncertain as to when and how to use different forms and procedures. Underlines the positive role that knowledge centres can play in facilitating the correct implementation and interpretation of EU laws and legislations through free information and advice to local and regional authorities and their associations; |
| --- | --- |

33.

| 34. | supports Housing Europe’s view that one key driver of professionalisation and innovation in public procurement would be the preparation of a European catalogue of solutions, set out in standardised documents, which range from technical solutions to climate and energy requirements, to innovative solutions to social challenges. This pan-European catalogue, led by the European Commission Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW), should build on the expertise and practices assembled by European federations, would make it possible to standardise procedures, and would reduce the number of claims (11); |
| --- | --- |

34.

On the Communication on Helping investment through a voluntary ex-ante assessment of the procurement aspects for large infrastructure projects,

| 35. | is pleased that the ex-ante mechanism is voluntary and believes that the mechanism will be especially important for concessions, which for the first time are subject to a harmonised EU regime; |
| --- | --- |

35.

| 36. | is also confident that the ex-ante mechanism will play a key role in reducing the risk of delays and cost overruns which arises from difficulties in public procurement processes for large-scale cross-border projects; |
| --- | --- |

36.

| 37. | calls on the Commission to ensure that, while publishing information on the website of the ex-ante mechanism and disclosing information through the notification mechanism and the information exchange mechanism, trade secrets are protected and the confidentiality of information that could be used by interested suppliers to distort competition is upheld; |
| --- | --- |

37.

| 38. | would have expected greater clarity with regard to the Commission’s response to any request made through the helpdesk, which should be aware of the consequences of these responses, and the notification mechanism on a potential subsequent procurement-related legal case; calls on the Commission to clarify how the ex-ante mechanism could address some of the problems caused by the increasing number of claims brought under the Remedies Directive. |
| --- | --- |

38.

Brussels, 5 July 2018.

The President of the European Committee of the Regions

Karl-Heinz LAMBERTZ

---

(1)  Available here.

1

(2)  http://ec.europa.eu/environment/gpp/pubs_en.htm

2

(3)  European Commission, Quality of public administration: a toolbox for practitioners. 2017 edition, available here.

3

Quality of public administration: a toolbox for practitioners. 2017 edition

(4)  European Committee of the Regions, 2017 European Semester. CoR, Territorial Analysis of the Country Reports and accompanying Communication, Report of the Steering Committee of the Europe 2020 Monitoring Platform, available here.

4

2017 European Semester.

Territorial Analysis of the Country Reports and accompanying Communication, Report of the Steering Committee of the Europe 2020 Monitoring Platform,

(5)  European Committee of the Regions, Obstacles to investments at local and regional level, Study, 2016, available here.

5

Obstacles to investments at local and regional level,

(6)  Strategic use of public procurement in promoting green, social and innovation policies, study for the DG for Internal Market, Industry, Entrepreneurship and SMEs, published on 15 June 2016, available here.

6

Strategic use of public procurement in promoting green, social and innovation policies

(7)  European Committee of the Regions, Report on the Survey of EER Regions: How to make life easier for SMEs? 2016, Brussels, p. 4-5.

7

Report on the Survey of EER Regions: How to make life easier for SMEs?

(8)  Available here.

8

(9)  Available here; additional information available here.

9

(10)  COM(2018) 441

10

(11)  Published here.

11

---

| 25.10.2018 | EN | Official Journal of the European Union | C 387/42 |
| --- | --- | --- | --- |

25.10.2018

EN

Official Journal of the European Union

C 387/42

---

Outlook opinion of the European Committee of the Regions — Climate governance after 2020: a European and global perspective — a contribution to the UNFCCC COP24

(2018/C 387/08)

| Rapporteur: | Andrew Varah COOPER (UK/EA) Member of Kirklees Council |
| --- | --- |
| Reference document: | Outlook opinion |

Rapporteur:

Andrew Varah COOPER (UK/EA) Member of Kirklees Council

Reference document:

Outlook opinion

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

European governance for the achievement of the 2030 climate change and energy targets

| 1. | Highlights the important role of local and regional authorities in strategic governance at the level closest to citizens, in the management of decentralised energy production through self-consumption, distributed generation and smart networks, promotion of the right investment climate and in coupling energy and climate policies with measures taken in relation to housing, energy poverty, transport, and sustainable mobility economic development, and town and country planning or land use. Local and Regional Authorities also have a strong community leadership role and can act as advocates for climate action in their local communities, to businesses and to wider civil society increasing the involvement of individual consumers and ensuring that they ‘buy in’ to the energy policies. |
| --- | --- |

1.

| 2. | Stresses that the objectives of a resilient Energy Union with an ambitious climate change policy can be best achieved through coordinated action, at Union, national and regional and local level and through the promotion of research, awareness-raising activities local energy efficient solutions and supply systems that this is necessary to set the EU as well as its Member States and their local and regional authorities on the path to fulfilling the UN Sustainable Development Goals (SDGs). |
| --- | --- |

2.

| 3. | Notes that the new 32 % targets for renewables in the EU energy mix, the energy efficiency target of 32,5 % and the Governance Regulation of the Energy Union are a step forward towards Europe’s sustainable energy transition and greater participation of local and regional authorities. |
| --- | --- |

3.

| 4. | Reiterates that Member States should take into account explicitly the commitments entered into at local and regional level and the outcomes achieved under initiatives such as the Covenant of Mayors. Member States should also develop procedures for taking on board the contributions of all relevant government and administrative tiers within their integrated national energy and climate plans. They should also involve local and regional authorities in planning and monitoring under their respective plans, in accordance with the constitutional and political provisions of each Member State (1). |
| --- | --- |

4.

| 5. | Renews its call on the Member States and the European Commission to progress rapidly towards the establishment of a permanent Multi-level Energy Dialogue Platform to support active engagement of local and regional authorities, civil society organisations, the business community, and other relevant stakeholders in managing the energy transition (2). |
| --- | --- |

5.

| 6. | In light of the European Commission proposal to set 25 % of EU expenditure for climate action across all EU programmes for the period 2021-2027, which represents a good starting point requires the post-2020 multiannual financial framework to be designed with a view to better achieve the EU energy and climate targets and objectives, with particular regard to the reduction of greenhouse gas emissions, energy efficiency, clean mobility, renewable energy generation and through carbon sinks. Calls for appropriate, easy-to-access EU financing to be made available for programmes and projects pursuing these goals in accordance with the integrated national energy and climate plans of Member States in the light of the long-term objectives of the Paris Agreement. |
| --- | --- |

6.

| 7. | Holds that, within the context of the EU regulatory policy for renewable energy and the electricity market design, legal and administrative obstacles should be eliminated and simplified procedures for electricity storage, trading and self-consumption need to be set for local and regional market players such as energy communities to gain full access to the market; stresses that Member States, when designing support schemes for renewable energy, shall coordinate with local and regional authorities taken into account the specificities of local and regional renewable energy communities, so as to enable them to operate in the energy system and ease their market integration. |
| --- | --- |

7.

Relevance of local and regional action for the implementation of the Paris Agreement

| 8. | Recalls that the Paris Agreement recognises the important role played by multilevel governance in climate policies and the need to engage with regions, cities and non-Party stakeholders. |
| --- | --- |

8.

| 9. | Recognises that local and regional authorities (LRAs) are the closest level of public administration to citizens and underlines that many decisions on policy areas that fall under the scope of the Paris Agreement are mainly taken by these authorities. |
| --- | --- |

9.

| 10. | Points out that their impact on curbing greenhouse gas emissions largely depends on their capacity and willingness to implement relevant policies. Therefore, believes that local and regional authorities must be associated and closely coordinated with translating political commitments into public policy, investment and the implementation action. |
| --- | --- |

10.

| 11. | Observes that the United States’ announcement that it intends to withdraw from the Paris Agreement, while regrettable, has created new incentives for subnational governments in the EU, the US and elsewhere to act in pursuit of global climate change challenges and thus show the commitment of citizens and the level of governance closest to them. Stands ready to enhance its partnership with the US Conference of Mayors and to cooperate globally with associations of cities and regions on climate action. |
| --- | --- |

11.

| 12. | Strongly believes that locally and regionally elected representatives and their authorities and networks, working alongside industry stakeholders and civil society, can play a key role in assisting national governments in their efforts to formulate and implement climate-relevant policies when the latter lack ambition. In this context, stresses the supporting role of initiatives such as the Covenant of Mayors in promoting the development and dissemination of tools and methodologies for the implementation of capacity-building activities. |
| --- | --- |

12.

| 13. | Considers that the stepping-up of politically-relevant, democratically elected non-Party stakeholders state actors such as LRAs in the global climate governance regime is a non-negligible trend, and that it is therefore essential that the UNFCCC regulatory framework acknowledges this form of bottom-up governance by formally recognising its role in the decision-making process. |
| --- | --- |

13.

| 14. | Notes that during the inter-sessional COP in May 2017 and May 2018, the Subsidiary Body for Implementation (SBI) enabled progress in stakeholder engagement in the UNFCCC process and acknowledged the need to further enhance the effective engagement of non-Party stakeholders in the global climate governance system. |
| --- | --- |

14.

| 15. | Welcomes the European Parliament’s report on the role of EU regions and cities in implementing the COP 21 Paris Agreement on climate change (3) and in particular notes its statement that local authorities are responsible for implementing the majority of the mitigation and adaptation measures for climate change and most of the EU legislation on the subject. |
| --- | --- |

15.

Formal involvement of subnational governments in the global climate governance regime

| 16. | Commends the fact that the Talanoa Dialogue is not limited to discussions among national governments, but allows a range of non-Party stakeholders, including regions and cities and their elected representatives, to bring key climate action issues to the attention of national and global policy makers; announces its support and engagement to the Cities and Regions Talanoa Dialogues as the immediate global and proactive response to this process and encourages to increase the number of Dialogues to be held in Europe. |
| --- | --- |

16.

| 17. | Stresses that the Dialogue should not be limited to or dominated by a storytelling approach only. In the spirit of dialogue, feedback on the responses by non-Party stakeholders to the three key questions ‘Where are we? Where do we want to go? How do we get there?’ is essential to engender confidence and engagement with the process. Therefore, calls on the COP Presidencies, UN Climate Change Secretariat and UNFCCC Parties to clarify how the results of the Dialogue will be processed and integrated into the negotiating texts to be adopted at COP24. |
| --- | --- |

17.

| 18. | Proposes that the Talanoa Dialogue continue beyond COP24 and be turned into a mid-term exercise during the global stocktake cycles to be held every 2,5 years. During that process, to strengthen the global understanding of progress towards achieving the goals of the Paris Agreement and to embed a sense of urgency, proposes that a fourth question — ‘by when?’ — be added to the Talanoa Dialogue framework. |
| --- | --- |

18.

| 19. | Asks the UNFCCC Presidency to undertake an evaluation of the Dialogue’s results in 2019 and to put forward proposals for a more structured, negotiations-relevant process in the future. |
| --- | --- |

19.

| 20. | Calls on the European Commission and Member States to make use of the Talanoa Dialogue process to engage with LRAs and other stakeholders in preparing the EU’s negotiating positions and inputs for COP24. |
| --- | --- |

20.

| 21. | Recommends that cities and regions prepare submissions to the Talanoa Dialogue portal and use the opportunity available to make their ambition, positions and intentions heard within the global climate negotiations process. |
| --- | --- |

21.

| 22. | Welcomes the NAZCA platform as a useful tool to include non-Party stakeholders in the UNFCCC decision-making process. Calls on the UNFCCC to bring forward proposals on how the role of regions and cities in the international governance system could be better defined alongside that of civil society and the private sector. |
| --- | --- |

22.

| 23. | Recalls the Bonn-Fiji Commitment adopted by Local and Regional Leaders at COP23 and its call for enhanced active engagement of the LGMA Constituency in official global climate bodies and Parties pursuant to the fact that Bonn-Fiji Commitment was also welcomed by EU Foreign Affairs Council in March 2018. Proposes that the Committee of the Regions develop structured cooperation with the UN Climate Change Secretariat, the COP Presidencies and their High Level Champions, as well as the relevant UNFCCC negotiation bodies and the proposed revamped ‘Friends of Cities’ at the UNFCCC. |
| --- | --- |

23.

Nationally, Regionally and Locally Determined Contributions (NDCs, R/LDCs)

| 24. | Insists on the need for systematic decentralised consultations with sub-national levels of governance during the process of defining and revising the NDCs involving stakeholders from key sectors of activity, thus building a participatory method. |
| --- | --- |

24.

| 25. | Calls for NDCs to include an aggregation of regionally and locally determined contributions to recognise the role of subnational authorities in the achievement of the international climate commitments. |
| --- | --- |

25.

| 26. | Considers that, in order for this process to be effective at EU level, provisions should be enshrined in the Regulation on the Governance of the Energy Union, notably as regards the participation of LRAs in the preparation of the Integrated National Energy and Climate Plans. |
| --- | --- |

26.

| 27. | Believes these provisions would provide a stronger political and methodological basis for the CoR’s proposals for the establishment of Regionally and Locally Determined Contributions (R/LDCs) (4), whose underlying idea is to allow sub-national authorities to define their mitigation and adaptation commitments, as the Parties have done through their NDCs, to provide solid, transparent contributions, starting from robust monitoring, reporting and verification (MRV) processes. |
| --- | --- |

27.

| 28. | Invites the European Commission to table, in consultation with the CoR, a non-legislative proposal for a monitoring and evaluation methodology to track cities’ progress against their respective visions towards 2050 and strategies towards 2030, which could be built upon the existing Covenant of Mayors monitoring and evaluation framework. |
| --- | --- |

28.

| 29. | Calls on the European Commission to simplify the Covenant of Mayors’ reporting process and the monitoring system in consultation with local/regional authorities, and to shorten the time required for evaluating SEAPs to bring forward the number of recognised commitments, ensure compatibility of monitoring and evaluation frameworks and minimise reporting burdens on cities and regions. |
| --- | --- |

29.

| 30. | In light of the CoR opinion on climate finance (5), calls on the European Commission to propose a clear and binding definition of ‘climate finance’ and related categories of investments, in line with the existing UNFCCC definition; suggests that Member States draft climate related investment plans which would provide for (i) the identification of the level and type of support needed to address existing funding gaps, (ii) the assessment of the potential for further domestic fiscal support for each climate-related action, (iii) the coordination of climate actions, capacity-building, and additional stakeholder engagement with a view to updating their respective NDCs, (iv) indications of national means to assess and manage climate risk for investors. |
| --- | --- |

30.

Paris Agreement’s implementation guidelines

| 31. | Stresses the potential positive contribution of R/LDCs to the achievement of the Paris Agreement’s goals and calls on the UNFCCC Parties to define the guidelines for the NDCs, bearing in mind their possible interaction with a flexible R/LDCs system. |
| --- | --- |

31.

| 32. | Calls for the transparency framework to include, in the national inventory reports to be submitted as part of this exercise, a dedicated section on mitigation actions undertaken at the subnational levels of governments as a way to help track the progress towards achieving the NDC (and R/LDCs). |
| --- | --- |

32.

Global stocktake

| 33. | Calls on the UNFCCC Parties and on the European Commission to insert in the future rules on the global stocktake, an obligation for the Parties to consult and involve local and regional authorities during the formulation phase of their submissions. |
| --- | --- |

33.

| 34. | Underlines that the scope of the global stocktake should be broader than a mere assessment of the aggregated actions communicated by the Parties (through NDCs and other national reports), and should include inputs on progress by all relevant stakeholders, notably local and regional authorities, to obtain a comprehensive picture of the overall progress towards achieving the long-term goals of the Paris Agreement as laid down in Articles 2.1, 4.1 and 7.1. |
| --- | --- |

34.

| 35. | Stresses the readiness of the CoR, as part of the Local Governments and Municipal Authorities (LGMA) Constituency to the UNFCCC and as the institution representing local and regional authorities in the European Union, to enhance its engagement in discussions with the UNFCCC and its Parties with a view to providing input from cities and regions as regards the open, inclusive and transparent assessment of the collective efforts under the global stocktake. |
| --- | --- |

35.

| 36. | Requests that the UNFCCC admitted organisations as well as non-Party stakeholders be able to submit questions to the Parties about their submissions during the different stages of the global stocktake so that the process can benefit from a larger pool of inputs drawn from the field. Calls for methodologies and data to be accessible to the public for full transparency and accountability purposes. |
| --- | --- |

36.

| 37. | Notes with concern that the global stocktake may fall short of the Paris Agreement goals and highlights that additional local and regional contributions could help to increase ambition towards full implementation (6). |
| --- | --- |

37.

Adaptation

| 38. | Proposes that the EU lead international action on adaptation to climate change, encouraging it at all levels, and that work be done in parallel on international developments in order to accelerate progress at regional and local level. To this end, proposes the establishment of a binding legislative framework for the adoption of adaptation measures and quantifiable commitments making it possible to measure progress on adaptation |
| --- | --- |

38.

| 39. | Requests that, in addition to the funding provided through the Clean Development Mechanism (CDM) and that from developed countries, local and regional governments also be encouraged in their respective national contexts to contribute to the Adaptation Fund with financial resources. |
| --- | --- |

39.

| 40. | Highlights the need for the Fund to simplify the procedures for individual local and regional authorities’ financial contributions. |
| --- | --- |

40.

| 41. | Calls for local and regional authorities with particularly strong expertise on adaptation to be granted the right to be associated with the Adaptation Fund Implementing Entities in third countries with a view to contributing to the implementation of programmes and projects as well as to the design of regional/local adaptation policies and strategies. |
| --- | --- |

41.

| 42. | Calls for a representative of the Local Governments and Municipal Authorities (LGMA) constituency to be granted observer status in the Adaptation Fund Board. |
| --- | --- |

42.

| 43. | Proposes that specific instruments be made available aimed at local and regional authorities, giving them easier access to the financial tools available in the EU, and that a portal be established bringing together all the information on the various sources of European climate funding. |
| --- | --- |

43.

| 44. | Urges the European Commission to liaise with other Parties to accelerate financing on risk reduction, resilience and adaptation plans that are geared to the priorities of the local communities and local and regional governments they are meant to serve. |
| --- | --- |

44.

Agricultural sector and land use, land use change and forestry (LULUCF)

| 45. | Recognises that the intensity and frequency of natural disasters has increased significantly over the past decade and that the issue of natural disasters forms an integral part of activities aimed at dealing with the impact of climate change, and both areas should be examined together (7). Underlines the need for greater synergies between networks, projects and agreements aimed at addressing climate change and those dealing with disaster resilience, such as the Sendai Framework for Disaster Risk Reduction 2015-2030, in order to help strengthen the capacities of cities and regions to deal with disasters (8). |
| --- | --- |

45.

| 46. | Calls on the European Commission to recognise and make use of local and regional authorities to meet climate and energy challenges in the agriculture and LULUCF sectors. In some regions and cities, climate and energy strategies are already supporting the decarbonisation of these sectors. The CoR therefore stresses the role of climate and energy strategies at regional and local level in supporting the decarbonisation of the agricultural and land use sectors. |
| --- | --- |

46.

Loss and damage

| 47. | Welcomes the expert dialogue in April 2018 that explored options for mobilising expertise, technology and support for the victims of climate change. Stresses the need to mainstream loss and damage issues into relevant national and UNFCCC processes such as capacity building, technology transfer and financial support. |
| --- | --- |

47.

| 48. | Highlights the need for local and regional authorities from developed and developing countries alike to identify and deploy, in cooperation with national governments and under the UNFCCC framework, alternative means of addressing loss and damage. To this end, the concept of climate risk should be included in territorial and sectoral risk assessments. |
| --- | --- |

48.

Other issues

| 49. | Encourages local authorities to continue to support one another through peer-to-peer support mechanisms and acknowledges their role in capacity building. Recognises the work of the Covenant of Mayors and the TAIEX REGIO PEER 2 PEER tool in this regard. |
| --- | --- |

49.

| 50. | Looks forward to the publication of the outcomes of the international conference on cities and climate change science co-sponsored by the Intergovernmental Panel on Climate Change (IPCC) and calls on the UNFCCC to consider these outcomes as part of the ongoing implementation of the Paris Agreement. |
| --- | --- |

50.

| 51. | Highlights the importance of policies to support local production and the activity of small and medium-sized enterprises as part of the efforts to mitigate the detrimental effects of climate change and therefore recommends ensuring that the rural development grant schemes reflect the goals of the strategy to combat climate change. |
| --- | --- |

51.

Brussels, 5 July 2018.

The President of the European Committee of the Regions

Karl-Heinz LAMBERTZ

---

(1)  CoR opinion on ‘Energy Union governance and clean energy’ (CDR 830/2017); Rapporteur: Bruno HRANIĆ (HR/EPP).

1

(2)  Ibidem.

2

Ibidem.

(3)  European Parliament Committee on Regional Development, Report on the role of EU regions and cities in implementing the COP 21 Paris Agreement on climate change (2017/2006(INI)).

3

(4)  CoR opinion Climate finance: an essential tool for the implementation of the Paris Agreement (CDR 2108/2017); Rapporteur: Marco DUS (IT/PES).

4

Climate finance: an essential tool for the implementation of the Paris Agreement

(5)  Ibidem.

5

Ibidem.

(6)  See for example, Advancing climate ambition: cities as partners in global climate action, A report to the UN Secretary-General from the UN Secretary General’s Special Envoy for Cities and Climate Change, in partnership with the C40 Cities Climate Leadership Group.

6

(7)  NAT-VI/015

7

(8)  NAT-VI/029

8

---

III Preparatory acts

COURT OF AUDITORS

130th CoR Plenary Session, 4.7.2018-5.7.2018

| 25.10.2018 | EN | Official Journal of the European Union | C 387/48 |
| --- | --- | --- | --- |

25.10.2018

EN

Official Journal of the European Union

C 387/48

---

Opinion of the European Committee of the Regions — Unfair trading practices in the food supply chain

(2018/C 387/09)

| Rapporteur: | Jacques BLANC (FR/EPP), Mayor of La Canourgue |
| --- | --- |
| Reference document: | Proposal for a Directive of the European Parliament and of the Council on unfair trading practices in business-to-business relationships in the food supply chain
  COM(2018) 173 final |

Rapporteur:

Jacques BLANC (FR/EPP), Mayor of La Canourgue

Reference document:

Proposal for a Directive of the European Parliament and of the Council on unfair trading practices in business-to-business relationships in the food supply chain

COM(2018) 173 final

I.   RECOMMENDATIONS FOR AMENDMENTS

Amendment 1

Article 1

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Subject matter and scope | Subject matter and scope |
| 1.   This Directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers in the food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities. | 1.   This Directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers in the food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities. |
| 2.   This Directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterprise. | 2.   This Directive applies to unfair trading practices which occur in relation to the sales of food products by a supplier to a buyer that is not a small
  or
  medium-sized enterprise. |
| 3.   This Directive shall apply to supply agreements concluded after the date of applicability of the provisions transposing this Directive referred to in the second subparagraph of Article 12(1). | 3.   This Directive shall apply to supply agreements concluded after the date of applicability of the provisions transposing this Directive referred to in the second subparagraph of Article 12(1). |

Text proposed by the Commission

CoR amendment

Subject matter and scope

Subject matter and scope

1.   This Directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers in the food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities.

1.   This Directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers in the food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities.

2.   This Directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterprise.

2.   This Directive applies to unfair trading practices which occur in relation to the sales of food products by a supplier to a buyer that is not a small
  or
  medium-sized enterprise.

3.   This Directive shall apply to supply agreements concluded after the date of applicability of the provisions transposing this Directive referred to in the second subparagraph of Article 12(1).

3.   This Directive shall apply to supply agreements concluded after the date of applicability of the provisions transposing this Directive referred to in the second subparagraph of Article 12(1).

Reason

Reason

Restricting the scope of the directive would have a negative impact on large cooperatives and producer organisations which do not meet the SME criteria, leaving them unprotected against unfair trading practices. These OPs and cooperatives certainly do not have the same bargaining power as their buyers given the downstream concentration of the supply chain. Moreover, this approach would contrast sharply with the Commission’s long-term efforts to concentrate supply through the application of the CMO by indirectly penalising OPs that do not satisfy the definition of an SME. Finally, the unfair trading practices that an industrial supplier, such as a medium-sized firm selling products with a strong agricultural component, would suffer at the hands of a distributor, would also not be affected by the prohibition of unfair trading practices. This does not make economic sense vis-à-vis the protection required by the most vulnerable actors.

Amendment 2

Amendment 2

Article 2

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Definitions | Definitions |
| For the purposes of this Directive, the following definitions apply: | For the purposes of this Directive, the following definitions apply: |
| ‘buyer’ means any natural or legal person established in the Union who buys food products by way of trade. The term ‘buyer’ may include a group of such natural and legal persons; [...] | a) | ‘buyer’ means any natural or legal person, regardless of where they are established, who buys food products by way of trade. The term ‘buyer’ may include a group of such natural and legal persons; |

Text proposed by the Commission

CoR amendment

Definitions

Definitions

Definitions

Definitions

For the purposes of this Directive, the following definitions apply:

For the purposes of this Directive, the following definitions apply:

‘buyer’ means any natural or legal person established in the Union who buys food products by way of trade. The term ‘buyer’ may include a group of such natural and legal persons; [...]

in the Union

a)

‘buyer’ means any natural or legal person, regardless of where they are established, who buys food products by way of trade. The term ‘buyer’ may include a group of such natural and legal persons;

, regardless of where they are

| b) | ‘unfair trading practice’: the action of subjecting or endeavouring to subject a trading partner to obligations which would create an imbalance between the rights and obligations of the parties; [...] |
| --- | --- |

b)

‘unfair trading practice’: the action of subjecting or endeavouring to subject a trading partner to obligations which would create an imbalance between the rights and obligations of the parties; [...]

‘unfair trading practice’: the action of subjecting or endeavouring to subject a trading partner to obligations which would create an imbalance between the rights and obligations of the parties; [...]

Reason

Reason

| a) | The aim of the directive is also to prevent the relocation of buyers without any rules being enforced. It therefore makes sense to take into account both buyers based in the EU and those based outside the EU. |
| --- | --- |

a)

The aim of the directive is also to prevent the relocation of buyers without any rules being enforced. It therefore makes sense to take into account both buyers based in the EU and those based outside the EU.

| b) | It is important to define in the directive what constitutes an unfair trading practice in a sufficiently open way. |
| --- | --- |

b)

It is important to define in the directive what constitutes an unfair trading practice in a sufficiently open way.

Amendment 3

Amendment 3

Article 3(1)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Prohibition of unfair trading practices


  1.   Member States shall ensure that the following trading practices are prohibited: | Prohibition of unfair trading practices

  1.   Member States shall ensure that the following trading practices
  , at the very least,
  are prohibited: |
| a) | a buyer pays a supplier for
  perishable
  food products later than 30 calendar days after the receipt of the supplier’s invoice or later than 30 calendar days after the date of delivery of the
  perishable
  food products, whichever is the later. This prohibition shall be without prejudice: |

Text proposed by the Commission

CoR amendment

Prohibition of unfair trading practices

Prohibition of unfair trading practices

1.   Member States shall ensure that the following trading practices are prohibited:

Prohibition of unfair trading practices

1.   Member States shall ensure that the following trading practices
  , at the very least,
  are prohibited:

a)

a buyer pays a supplier for
  perishable
  food products later than 30 calendar days after the receipt of the supplier’s invoice or later than 30 calendar days after the date of delivery of the
  perishable
  food products, whichever is the later. This prohibition shall be without prejudice:

perishable

perishable

| a) | a buyer pays a supplier for food products later than 30 calendar days after the receipt of the supplier’s invoice or later than 30 calendar days after the date of delivery of the food products, whichever is the later. This prohibition shall be without prejudice: |
| --- | --- |

a)

a buyer pays a supplier for food products later than 30 calendar days after the receipt of the supplier’s invoice or later than 30 calendar days after the date of delivery of the food products, whichever is the later. This prohibition shall be without prejudice:

| | — | to the consequences of late payments and remedies as laid down in Directive 2011/7/EU; |
| --- | --- | --- |

—

to the consequences of late payments and remedies as laid down in Directive 2011/7/EU;

| | — | to the consequences of late payments and remedies as laid down in Directive 2011/7/EU; |
| --- | --- | --- |

—

to the consequences of late payments and remedies as laid down in Directive 2011/7/EU;

| | — | to the option of a buyer and a supplier to agree on a value sharing clause within the meaning of Article 172 a) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council. |
| --- | --- | --- |

—

to the option of a buyer and a supplier to agree on a value sharing clause within the meaning of Article 172 a) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council.

| | — | to the option of a buyer and a supplier to agree on a value sharing clause within the meaning of Article 172 a) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council. |
| --- | --- | --- |

—

to the option of a buyer and a supplier to agree on a value sharing clause within the meaning of Article 172 a) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council.

| | — | agreements reached by interbranch organisations recognised under Article 157 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council; |
| --- | --- | --- |

—

agreements reached by interbranch organisations recognised under Article 157 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council;

agreements reached by interbranch organisations recognised under Article 157 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council;

| b) | a buyer cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products; |
| --- | --- |

b)

a buyer cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products;

| b) | a buyer cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products; |
| --- | --- |

b)

a buyer cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products;

| c) | a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency, timing or volume of the supply or delivery, the quality standards or the prices of the food products; |
| --- | --- |

c)

a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency, timing or volume of the supply or delivery, the quality standards or the prices of the food products;

| c) | a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency, timing or volume of the supply or delivery, the quality standards or the prices of the food products; |
| --- | --- |

c)

a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency, timing or volume of the supply or delivery, the quality standards or the prices of the food products;

| d) | a supplier pays for the wastage of food products that occurs on the buyer’s premises and that is not caused by the negligence or fault of the supplier. |
| --- | --- |

d)

a supplier pays for the wastage of food products that occurs on the buyer’s premises and that is not caused by the negligence or fault of the supplier.

| d) | a supplier pays for the wastage of food products that occurs on the buyer’s premises and that is not caused by the negligence or fault of the supplier; |
| --- | --- |

d)

a supplier pays for the wastage of food products that occurs on the buyer’s premises and that is not caused by the negligence or fault of the supplier;

| e) | a buyer sells on an undamaged product at a price lower than the purchase price, including taxes and transport costs; |
| --- | --- |

e)

e)

a buyer sells on an undamaged product at a price lower than the purchase price, including taxes and transport costs;

a buyer sells on an undamaged product at a price lower than the purchase price, including taxes and transport costs;

| f) | a buyer offers prices for the purchase of foodstuffs that are unreasonably low given the supplier’s production costs; |
| --- | --- |

f)

f)

a buyer offers prices for the purchase of foodstuffs that are unreasonably low given the supplier’s production costs;

a buyer offers prices for the purchase of foodstuffs that are unreasonably low given the supplier’s production costs;

| g) | a buyer charges for a service that does not correspond to any service actually provided or whose cost is manifestly disproportionate to the value of the service provided; |
| --- | --- |

g)

g)

a buyer charges for a service that does not correspond to any service actually provided or whose cost is manifestly disproportionate to the value of the service provided;

a buyer charges for a service that does not correspond to any service actually provided or whose cost is manifestly disproportionate to the value of the service provided;

| h) | one of the parties to the contract imposes price criteria and methods whereby the price is not and cannot be determined. |
| --- | --- |

h)

h)

one of the parties to the contract imposes price criteria and methods whereby the price is not and cannot be determined.

one of the parties to the contract imposes price criteria and methods whereby the price is not and cannot be determined.

Reason

Reason

Unfair practices concern and handicap not only suppliers of perishable foodstuffs but also suppliers of non-perishable foodstuffs. The scope of the directive must therefore be broadened.

The interbranch agreements, adopted unanimously by the members, may potentially provide for different rules from those included in the draft directive, in particular with regard to payment deadlines.

| e) | It is appropriate to prohibit resale at a loss in order to halt the destruction of value at every stage in the food supply chain. Indeed, this serves to avoid the phenomenon of price wars whereby the supermarket achieves excessive margins on certain products, particularly agricultural products, to offset struggles with regard to certain flagship products. |
| --- | --- |

e)

It is appropriate to prohibit resale at a loss in order to halt the destruction of value at every stage in the food supply chain. Indeed, this serves to avoid the phenomenon of price wars whereby the supermarket achieves excessive margins on certain products, particularly agricultural products, to offset struggles with regard to certain flagship products.

| f) | In the same spirit, the price paid to producers must not be unreasonably low in relation to the cost of production. It is unacceptable that farmers are unable to make a living and are forced to sell at a loss. It is therefore important to punish buyers who buy at a price that is unreasonably low or who force their suppliers to buy their agricultural raw materials at unreasonably low prices. A precise definition of an incorrectly low selling price must be determined based on the relevant sectors and regions. |
| --- | --- |

f)

In the same spirit, the price paid to producers must not be unreasonably low in relation to the cost of production. It is unacceptable that farmers are unable to make a living and are forced to sell at a loss. It is therefore important to punish buyers who buy at a price that is unreasonably low or who force their suppliers to buy their agricultural raw materials at unreasonably low prices. A precise definition of an incorrectly low selling price must be determined based on the relevant sectors and regions.

| g) | The aim is to sanction any payment that has no counterpart in terms of service rendered to the supplier or that is disproportionate to the service rendered. Specifically, the challenge is to ensure that a payment to a European purchasing centre is justified. |
| --- | --- |

g)

The aim is to sanction any payment that has no counterpart in terms of service rendered to the supplier or that is disproportionate to the service rendered. Specifically, the challenge is to ensure that a payment to a European purchasing centre is justified.

| h) | The price indicated in a contract must be determinable or determined, in other words both parties should be in a position to know the price at which it will be paid throughout the duration of the contract. |
| --- | --- |

h)

The price indicated in a contract must be determinable or determined, in other words both parties should be in a position to know the price at which it will be paid throughout the duration of the contract.

Amendment 4

Amendment 4

Article 3(3)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| If a payment is requested by the buyer for the situations described in points (b), (c) and (d) of paragraph 2, the buyer shall, if requested by the supplier, provide the supplier with an estimate of the payments per unit or overall, whichever is appropriate, and insofar as the situations described in points (b) and (d) of paragraph 2 are concerned also an estimate of the costs and the basis for such estimate. | If a payment that is definitely linked to the service provided is requested by the buyer for the situations described in points (b), (c) and (d) of paragraph 2, the buyer shall provide the supplier with an estimate of the payments per unit or overall, whichever is appropriate, and insofar as the situations described in points (b) and (d) of paragraph 2 are concerned also an estimate of the costs and the basis for such estimate. |

Text proposed by the Commission

CoR amendment

If a payment is requested by the buyer for the situations described in points (b), (c) and (d) of paragraph 2, the buyer shall, if requested by the supplier, provide the supplier with an estimate of the payments per unit or overall, whichever is appropriate, and insofar as the situations described in points (b) and (d) of paragraph 2 are concerned also an estimate of the costs and the basis for such estimate.

, if requested by the supplier,

If a payment that is definitely linked to the service provided is requested by the buyer for the situations described in points (b), (c) and (d) of paragraph 2, the buyer shall provide the supplier with an estimate of the payments per unit or overall, whichever is appropriate, and insofar as the situations described in points (b) and (d) of paragraph 2 are concerned also an estimate of the costs and the basis for such estimate.

that is definitely linked to the service provided

Reason

Reason

The payments requested from suppliers must be strictly supervised and systematically justified.

II.   POLICY RECOMMENDATIONS

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

| 1. | believes that market-based mechanisms to safeguard farmers’ incomes need to be strengthened significantly to reduce the negative impact of the high volatility of agricultural product prices, in order to keep up agriculture throughout the EU, increase its competitiveness and preserve vibrant rural communities; |
| --- | --- |

1.

believes that market-based mechanisms to safeguard farmers’ incomes need to be strengthened significantly to reduce the negative impact of the high volatility of agricultural product prices, in order to keep up agriculture throughout the EU, increase its competitiveness and preserve vibrant rural communities;

| 2. | notes that there is a close link between regulating the price volatility of agricultural products and combating unfair trading practices (UTPs) in the food supply chain, because market fluctuations exacerbate power imbalances with regard to the sharing of added value within sectors, and the resulting trade-offs are usually unfavourable to producers, who have limited bargaining power due to the increasing concentration of agri-food industries and, in particular, of large-scale retail; |
| --- | --- |

2.

notes that there is a close link between regulating the price volatility of agricultural products and combating unfair trading practices (UTPs) in the food supply chain, because market fluctuations exacerbate power imbalances with regard to the sharing of added value within sectors, and the resulting trade-offs are usually unfavourable to producers, who have limited bargaining power due to the increasing concentration of agri-food industries and, in particular, of large-scale retail;

| 3. | welcomes the Commission’s initiative of establishing European legislation designed to combat unfair trading practices, which it called for in its opinion on regulating price volatility. This opinion recommended developing specific European rules against UTPs in the food supply chain, as proposed in the European Parliament resolution of 7 June 2016 [2015/2065 (INI)], on the grounds that: while contracts do lead to a degree of risk sharing, they do not fundamentally correct the inequality between the parties; anti-monopoly provisions are not sufficient to address UTPs and the asymmetries of power that characterise the agri-food industry; industry self-regulation mechanisms are not always effective in terms of ensuring fair conduct in the market, not least because farmers and processors are often afraid to complain lest they be excluded from the market; EU-level rules are thus needed to harmonise conditions for competition and ensure that European farmers and consumers enjoy conditions for fair selling and buying; |
| --- | --- |

3.

welcomes the Commission’s initiative of establishing European legislation designed to combat unfair trading practices, which it called for in its opinion on regulating price volatility. This opinion recommended developing specific European rules against UTPs in the food supply chain, as proposed in the European Parliament resolution of 7 June 2016 [2015/2065 (INI)], on the grounds that: while contracts do lead to a degree of risk sharing, they do not fundamentally correct the inequality between the parties; anti-monopoly provisions are not sufficient to address UTPs and the asymmetries of power that characterise the agri-food industry; industry self-regulation mechanisms are not always effective in terms of ensuring fair conduct in the market, not least because farmers and processors are often afraid to complain lest they be excluded from the market; EU-level rules are thus needed to harmonise conditions for competition and ensure that European farmers and consumers enjoy conditions for fair selling and buying;

| 4. | believes that this proposal provides a good foundation but that it is necessary to go further to protect farmers more effectively. Farmers’ incomes are currently 40 % below the average salary. The value of an agricultural product is currently shared out as follows: the farmer receives an average of 21 %, the processor 28 % and the distributor 51 %. Action is needed to ensure more balance in commercial relationships and increase the value to agriculture of household food expenditure, as recommended in the CoR opinion on the post-2020 CAP; |
| --- | --- |

4.

believes that this proposal provides a good foundation but that it is necessary to go further to protect farmers more effectively. Farmers’ incomes are currently 40 % below the average salary. The value of an agricultural product is currently shared out as follows: the farmer receives an average of 21 %, the processor 28 % and the distributor 51 %. Action is needed to ensure more balance in commercial relationships and increase the value to agriculture of household food expenditure, as recommended in the CoR opinion on the post-2020 CAP;

| 5. | considers it necessary to include in this proposal for a directive a prohibition in principle of unfair trading practices, as recommended in the impact assessment, which could be an answer to possible future abusive practices; |
| --- | --- |

5.

considers it necessary to include in this proposal for a directive a prohibition in principle of unfair trading practices, as recommended in the impact assessment, which could be an answer to possible future abusive practices;

| 6. | while agreeing with the European Commission that SMEs are most vulnerable to unfair trading practices, considers it necessary to broaden the scope of the proposal to cover not only SMEs and farmer suppliers but all actors in the food chain, irrespective of where they are established; |
| --- | --- |

6.

while agreeing with the European Commission that SMEs are most vulnerable to unfair trading practices, considers it necessary to broaden the scope of the proposal to cover not only SMEs and farmer suppliers but all actors in the food chain, irrespective of where they are established;

| 7. | considers it necessary to extend the ban on late payments to include non-perishable products; |
| --- | --- |

7.

considers it necessary to extend the ban on late payments to include non-perishable products;

| 8. | considers it necessary to extend the list of prohibited unfair practices to include resale at a loss, and to punish purchases below production costs; |
| --- | --- |

8.

considers it necessary to extend the list of prohibited unfair practices to include resale at a loss, and to punish purchases below production costs;

| 9. | considers it necessary to prohibit discriminatory or non-transparent electronic auctions; |
| --- | --- |

9.

considers it necessary to prohibit discriminatory or non-transparent electronic auctions;

| 10. | considers it necessary to specify the criteria and methods used to set the price, which must be included in contracts signed with farmers so that they can calculate at any time the price to which they are entitled; |
| --- | --- |

10.

considers it necessary to specify the criteria and methods used to set the price, which must be included in contracts signed with farmers so that they can calculate at any time the price to which they are entitled;

| 11. | considers it necessary to provide for a European mechanism, in addition to the national control system and taking proper account of national circumstances, measures and best practices, to ensure that cross-border unfair trading practices are also covered; |
| --- | --- |

11.

considers it necessary to provide for a European mechanism, in addition to the national control system and taking proper account of national circumstances, measures and best practices, to ensure that cross-border unfair trading practices are also covered;

| 12. | recommends, in view of the internationalisation of companies, particularly in the agricultural sector, that transactions involving suppliers/buyers based in third countries should be included in order to avoid encouraging SMEs to buy outside the EU and to guarantee the protection of EU companies that sell to foreign buyers; |
| --- | --- |

12.

recommends, in view of the internationalisation of companies, particularly in the agricultural sector, that transactions involving suppliers/buyers based in third countries should be included in order to avoid encouraging SMEs to buy outside the EU and to guarantee the protection of EU companies that sell to foreign buyers;

| 13. | believes, moreover, that this directive will not be enough to improve the situation of farmers unless the overall framework in which they operate is changed; |
| --- | --- |

13.

believes, moreover, that this directive will not be enough to improve the situation of farmers unless the overall framework in which they operate is changed;

| 14. | believes that the directive should be flanked by the following measures:






  a. | making contractualisation attractive for producers, by ensuring that contracts take into account agricultural production costs when setting prices; |
| --- | --- | --- |

14.

believes that the directive should be flanked by the following measures:

a.

making contractualisation attractive for producers, by ensuring that contracts take into account agricultural production costs when setting prices;

| b. | introducing additional measures on price transparency; |
| --- | --- |

b.

introducing additional measures on price transparency;

| c. | tackling the over-concentration of the distribution, agri-food and agri-supply sectors; |
| --- | --- |

c.

tackling the over-concentration of the distribution, agri-food and agri-supply sectors;

| d. | developing fairer international trade relations in agriculture, as advocated in the opinion on the post-2020 CAP. |
| --- | --- |

d.

developing fairer international trade relations in agriculture, as advocated in the opinion on the post-2020 CAP.

Brussels, 4 July 2018.

The President of the European Committee of the Regions

Karl-Heinz LAMBERTZ

---

| 25.10.2018 | EN | Official Journal of the European Union | C 387/53 |
| --- | --- | --- | --- |

25.10.2018

EN

Official Journal of the European Union

C 387/53

---

Opinion of the European Committee of the Regions — Transparent and predictable working conditions in the European Union

(2018/C 387/10)

| Rapporteur: | Isolde RIES (DE/PES), First Vice-President of the Saarland Regional Parliament |
| --- | --- |
| Reference document: | Proposal for a Directive of the European Parliament and of the Council on transparent and predictable working conditions in the European Union
  COM(2017) 797 final |

Rapporteur:

Isolde RIES (DE/PES), First Vice-President of the Saarland Regional Parliament

Reference document:

Proposal for a Directive of the European Parliament and of the Council on transparent and predictable working conditions in the European Union

COM(2017) 797 final

I.   RECOMMENDATIONS FOR AMENDMENTS

Amendment 1

Chapter I — Article 1(1)

| Commission proposal | CoR amendment |
| --- | --- |
| The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment
  while ensuring labour market adaptability
  . | The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment. |

Commission proposal

CoR amendment

The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment
  while ensuring labour market adaptability
  .

The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment.

Reason

The analytical document (C(2017) 2621 of 21 September 2017) of the second phase of the social partner consultation examines the disadvantages relating to working conditions in flexible forms of employment. In addition, the focus of the Directive on ensuring a flexible labour market is not covered by the legal basis of Article 153 TFEU.

Amendment 2

Chapter I — Article 1(4)

| Commission proposal | CoR amendment |
| --- | --- |
| Paragraph 3 shall not apply to an employment relationship where no guaranteed amount of paid work is predetermined before the employment starts. | |

Commission proposal

CoR amendment

Paragraph 3 shall not apply to an employment relationship where no guaranteed amount of paid work is predetermined before the employment starts.

Reason

Paragraph 4, which stipulates that the exemption in paragraph 3 does not apply when no guaranteed amount of paid work is specified, would explicitly acknowledge that employment contracts without a guaranteed number of hours of paid work — so-called zero-hours contracts — may be possible and permitted.

Amendment 3

Chapter I — Article 1(5)

| Commission proposal | CoR amendment |
| --- | --- |
| Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. This paragraph is without prejudice to Directive 2008/104/EC. | Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship.
  However, employers shall continue to be responsible for ensuring that the obligations laid down are met correctly and in full.
  This paragraph is without prejudice to Directive 2008/104/EC. |

Commission proposal

CoR amendment

Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. This paragraph is without prejudice to Directive 2008/104/EC.

Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship.
  However, employers shall continue to be responsible for ensuring that the obligations laid down are met correctly and in full.
  This paragraph is without prejudice to Directive 2008/104/EC.

Reason

Such a transfer is acceptable only on condition that employers continue to be responsible for providing correct and comprehensive information and are jointly and severally liable. Otherwise, there is a risk that they exempt themselves from their obligation by transferring it to a third party and the Directive’s safeguards become meaningless. The possibility of transferring the obligation to the worker concerned must be ruled out.

Amendment 4

Chapter I — Article 1(6)

| Commission proposal | CoR amendment |
| --- | --- |
| Member States may decide not to apply the obligations set out in Articles 10 and 11 and Article 14(a) to natural persons belonging to a household where work is performed for that household. | |

Commission proposal

CoR amendment

Member States may decide not to apply the obligations set out in Articles 10 and 11 and Article 14(a) to natural persons belonging to a household where work is performed for that household.

Reason

It is unclear whether the derogation in paragraph 6 is limited to family members or also covers ‘domestic workers’. ‘Persons belonging to a household’ are family members. Generally, they do not perform work for the household in the sense of paid work — only this may be covered by the Directive. If domestic workers are intended here, then this would entail an unjustified, unequal treatment of this group, which would contravene ILO Convention No 189 on the working conditions of domestic workers.

Amendment 5

Chapter I — Article 2

| Commission proposal | CoR amendment |
| --- | --- |
| Definitions | The definitions of workers, employers and employment relationships shall be regulated in or governed by applicable legislation in a Member State. |
| 1.
     
  For the purposes of this Directive, the following definitions shall apply: | |
| (a) | ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration; |

Commission proposal

CoR amendment

Definitions

The definitions of workers, employers and employment relationships shall be regulated in or governed by applicable legislation in a Member State.

1.
     
  For the purposes of this Directive, the following definitions shall apply:

(a)

(a)

‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration;

‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration;

| (b) | ‘employer’ means one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker; |
| --- | --- |

(b)

(b)

‘employer’ means one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker;

‘employer’ means one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker;

| (c) | ‘employment relationship’ means the work relationship between workers and employers as defined above; |
| --- | --- |

(c)

(c)

‘employment relationship’ means the work relationship between workers and employers as defined above;

‘employment relationship’ means the work relationship between workers and employers as defined above;

| (d) | ‘work schedule’ means the schedule determining hours and days on which performance of work starts and ends; |
| --- | --- |

(d)

(d)

‘work schedule’ means the schedule determining hours and days on which performance of work starts and ends;

‘work schedule’ means the schedule determining hours and days on which performance of work starts and ends;

| (e) | ‘reference hours and days’ means time slots in specified days during which work can take place at the request of the employer. |
| --- | --- |

(e)

(e)

‘reference hours and days’ means time slots in specified days during which work can take place at the request of the employer.

‘reference hours and days’ means time slots in specified days during which work can take place at the request of the employer.

2.
     
  For the purposes of this Directive the terms ‘microenterprise’, ‘small enterprise’ and ‘medium-sized enterprise’ shall have the meaning set out in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises or in any subsequent act replacing that Recommendation.

Reason

Reason

The proposed definitions are confusing, raise a number of legal issues, and are expected to be controversial. These definitions are relevant to labour, social security and tax law, which are Member State responsibilities, and they should therefore be laid down primarily at national level.

Amendment 6

Amendment 6

Chapter II — Article 3(2)(i)

| Commission proposal | CoR amendment |
| --- | --- |
| the procedure, including the length of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such period of notice; | the procedure, including the length of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such period of notice
  as well as the formal requirements for the notice of termination and the deadline for bringing an action contesting dismissal
  ; |

Commission proposal

CoR amendment

the procedure, including the length of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such period of notice;

the procedure, including the length of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such period of notice
  as well as the formal requirements for the notice of termination and the deadline for bringing an action contesting dismissal
  ;

as well as the formal requirements for the notice of termination and the deadline for bringing an action contesting dismissal

Reason

Reason

When providing information on the procedure to be followed, it should be clarified that this information shall also include, at the very least, the formal requirements for the notice of termination as well as any deadline for bringing an action contesting dismissal.

Amendment 7

Amendment 7

Chapter II — Article 3(2)(m)

| Commission proposal | CoR amendment |
| --- | --- |
| any collective agreements governing the worker’s conditions of work; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded; | any collective agreements governing the worker’s conditions of work
  as well as the time limits laid down in the collective agreements for claims arising from those agreements
  ; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded; |

Commission proposal

CoR amendment

any collective agreements governing the worker’s conditions of work; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded;

any collective agreements governing the worker’s conditions of work
  as well as the time limits laid down in the collective agreements for claims arising from those agreements
  ; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded;

as well as the time limits laid down in the collective agreements for claims arising from those agreements

Reason

Reason

This obligation must be expanded to include the obligation to provide information on possible time limits laid down in collective agreements for claims arising from those agreements. For practical reasons, this detail is important in order to prevent workers from failing to exercise their rights because they are not aware that deadlines might be relatively short.

Amendment 8

Amendment 8

Chapter II — Article 4(1)

| Commission proposal | CoR amendment |
| --- | --- |
| The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed. | The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship. That document
  shall be handed over to the worker in paper form or
  be provided and transmitted electronically as long as it is easily accessible by the worker, and can be stored and printed
  and an acknowledgement of receipt is issued
  . |

Commission proposal

CoR amendment

The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed.

The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship. That document
  shall be handed over to the worker in paper form or
  be provided and transmitted electronically as long as it is easily accessible by the worker, and can be stored and printed
  and an acknowledgement of receipt is issued
  .

shall be handed over to the worker in paper form or

and an acknowledgement of receipt is issued

Reason

Reason

Sentence 2 of paragraph 1 stipulates that the document informing the worker must be provided or transmitted electronically if it is readily accessible. This might be insufficient in some cases. Therefore, each worker should have the right to choose between a paper or electronic version. This area should not be exempt from the efforts to achieve a paperless working environment.

Amendment 9

Amendment 9

Chapter II — Article 5

| Commission proposal | CoR amendment |
| --- | --- |
| Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be
  provided
  in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the day it takes effect. | Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be
  communicated
  in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the day it takes effect. |

Commission proposal

CoR amendment

Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be
  provided
  in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the day it takes effect.

provided

Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be
  communicated
  in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the day it takes effect.

communicated

Reason

Reason

Sentence 2 of paragraph 1 stipulates that the document informing the worker must be provided or transmitted electronically if it is readily accessible. This might be insufficient in some cases. Therefore, each worker should have the right to choose between a paper or electronic version. This area should not be exempt from the efforts to achieve a paperless working environment.

Amendment 10

Amendment 10

Chapter II — Article 6(2)

| Commission proposal | CoR amendment |
| --- | --- |
| Member States shall ensure that, if the worker sent abroad is a posted worker covered by Directive 96/71/EC, he or she shall in addition be notified of: | Member States shall ensure that, if the worker sent abroad is a posted worker covered by Directive 96/71/EC, he or she shall in addition
  to the information laid down in paragraph 1 and Article 3(2)
  be notified of
  the following by being handed a document in paper or electronic form
  : |

Commission proposal

CoR amendment

Member States shall ensure that, if the worker sent abroad is a posted worker covered by Directive 96/71/EC, he or she shall in addition be notified of:

Member States shall ensure that, if the worker sent abroad is a posted worker covered by Directive 96/71/EC, he or she shall in addition
  to the information laid down in paragraph 1 and Article 3(2)
  be notified of
  the following by being handed a document in paper or electronic form
  :

to the information laid down in paragraph 1 and Article 3(2)

the following by being handed a document in paper or electronic form

Reason

Reason

Self-explanatory.

Amendment 11

Amendment 11

Chapter II — Article 6(2)b

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| the link
  to
  the official national website(s) developed by the host Member State(s) pursuant to Article 5(2) of Directive 2014/67/EU. | information that is relevant
  to
  posted workers in his or her own language or if quality of translation cannot be guaranteed, the link to the official national website(s) developed by the host Member State(s) pursuant to Article 5(2) of Directive 2014/67/EU. |

Text proposed by the Commission

CoR amendment

the link
  to
  the official national website(s) developed by the host Member State(s) pursuant to Article 5(2) of Directive 2014/67/EU.

the link

the official national website(s) developed by the host Member State(s) pursuant to Article 5(2) of Directive 2014/67/EU.

information that is relevant
  to
  posted workers in his or her own language or if quality of translation cannot be guaranteed, the link to the official national website(s) developed by the host Member State(s) pursuant to Article 5(2) of Directive 2014/67/EU.

information that is relevant

posted workers in his or her own language or if quality of translation cannot be guaranteed, the link to the official national website(s) developed by the host Member State(s) pursuant to Article 5(2) of Directive 2014/67/EU.

Reason

Reason

The reference to the homepage to be set up in every Member State (under Article 5(2)(a) of Enforcement Directive 2014/67/EU) does not adequately meet the requirement to provide information, as this reference assumes that every Member State has fulfilled its obligation. Yet, it can be considered an alternative solution in those cases, where an adequate quality of translated information cannot be guaranteed.

Amendment 12

Amendment 12

Chapter II — Article 6(3)

| Commission proposal | CoR amendment |
| --- | --- |
| The information referred to in paragraph 1(b) and 2(a)
  may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points
  . | The information referred to in paragraph 1 (b) and paragraph 2 (a)
  shall be made available in a language that the posted workers are able to understand
  . |

Commission proposal

CoR amendment

The information referred to in paragraph 1(b) and 2(a)
  may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points
  .

may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points

The information referred to in paragraph 1 (b) and paragraph 2 (a)
  shall be made available in a language that the posted workers are able to understand
  .

shall be made available in a language that the posted workers are able to understand

Reason

Reason

Seeking to fulfil the information obligation by providing a reference to the current rules does not meet the requirements to provide sufficient information to foreign workers if the rules are not available in a language they can understand. Especially when it comes to the remuneration they can expect abroad, foreign workers should be informed directly and clearly and not referred to provisions they cannot understand.

Amendment 13

Amendment 13

Chapter II — Article 6(4)

| Commission proposal | CoR amendment |
| --- | --- |
| Unless Member States provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is
  four consecutive weeks
  or less. | Unless Member States provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is
  two weeks
  or less. |

Commission proposal

CoR amendment

Unless Member States provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is
  four consecutive weeks
  or less.

four consecutive weeks

Unless Member States provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is
  two weeks
  or less.

two weeks

Reason

Reason

The proposed exemption from the information obligation for foreign assignments with a duration of no more than four consecutive weeks should be rejected. This creates a loophole for circumventing the obligations to provide information. After all, the mandatory rules of the host country apply from the first day of the assignment. The Committee of the Regions therefore recommends reducing the period of the exemption to a total of no more than two weeks.

Amendment 14

Amendment 14

Chapter III — Article 7(2)

| Commission proposal | CoR amendment |
| --- | --- |
| Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker. | Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker
  or where the worker is temporarily unfit for work for an extended period
  . |

Commission proposal

CoR amendment

Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker.

Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker
  or where the worker is temporarily unfit for work for an extended period
  .

or where the worker is temporarily unfit for work for an extended period

Reason

Reason

Self-explanatory.

Amendment 15

Amendment 15

Chapter III — Article 8(2)

| Commission proposal | CoR amendment |
| --- | --- |
| Employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests. | |

Commission proposal

CoR amendment

Employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests.

Employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests.

Reason

Reason

It is Member State legislators and courts that are responsible for balancing the conflicting interests of the parties to the employment contract — such as the worker’s freedom to choose an occupation and the business interests of the employer — not the employers themselves. Furthermore, in light of the new definition of business secrets under Directive (EU) 2016/943 (which Member States must implement by June 2018), employers could largely decide on their own what information they wish to protect. The same applies to the notion of ‘avoidance of conflicts of interest’, which needs to be interpreted. Uniform European regulation of this area of law is therefore unnecessary. This is also not covered by the legal basis of Article 153(2)(b) TFEU.

Amendment 16

Amendment 16

Chapter III — Article 10(1)

| Commission proposal | CoR amendment |
| --- | --- |
| Member States shall ensure that workers with at least six months’ seniority with the same employer may
  request
  a form of employment with more predictable and secure working conditions where available. | Member States shall ensure that workers with at least six months’ seniority with the same employer may
  apply for
  a form of employment with more predictable and secure working conditions where available
  , on an equal footing with other applicants
  . |

Commission proposal

CoR amendment

Member States shall ensure that workers with at least six months’ seniority with the same employer may
  request
  a form of employment with more predictable and secure working conditions where available.

request

Member States shall ensure that workers with at least six months’ seniority with the same employer may
  apply for
  a form of employment with more predictable and secure working conditions where available
  , on an equal footing with other applicants
  .

apply for

, on an equal footing with other applicants

Reason

Reason

A worker with at least six months’ seniority with the same employer has no precedence over external applicants when applying for a more permanent post or where one of the external applicants is better qualified for the post.

Amendment 17

Amendment 17

Chapter III — Article 10(2)

| Commission proposal | CoR amendment |
| --- | --- |
| The employer shall provide a written reply within one month of the
  request
  .
  With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged. | The employer shall provide a written reply within one month of the
  application
  .
  If the application is rejected, the correctness of the grounds must be amenable to review. |

Commission proposal

CoR amendment

The employer shall provide a written reply within one month of the
  request
  .
  With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged.

request

With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged.

The employer shall provide a written reply within one month of the
  application
  .
  If the application is rejected, the correctness of the grounds must be amenable to review.

application

If the application is rejected, the correctness of the grounds must be amenable to review.

Reason

Reason

The legal consequences of failing to meet the obligation to reply must be clearly stipulated, namely that if the application is rejected, the correctness of the grounds must be amenable to review. This is the only way to ensure that employers treat the wishes of workers seriously and do not just give any reply to satisfy the formality.

The exemption provided in sentence 2 of paragraph 2 should be rejected, under which micro, small and medium-sized enterprises may provide the answer orally and within a period of three months. This exception would cover all enterprises with up to 249 employees and an annual turnover of up to EUR 50 million, representing 99 % of all businesses in the EU, and the position of employees in these businesses — approximately 65 million people within the EU — would be significantly weakened. Besides the difficulty of determining whether a ‘similar request’ has already been made, an oral response to the request cannot be proven and so cannot be used for claims. The exemption for SMEs is therefore rejected, since otherwise the regulatory content of Article 10 would be devoid of legal consequences.

Amendment 18

Amendment 18

Chapter IV — Article 12

| Commission proposal | CoR amendment |
| --- | --- |
| Member States
  may
  allow social partners to conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11. | Member States
  shall
  allow social partners to
  maintain and
  conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers
  and provided that the minimum standards set out in this Directive are not undercut
  , establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11. |

Commission proposal

CoR amendment

Member States
  may
  allow social partners to conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11.

may

Member States
  shall
  allow social partners to
  maintain and
  conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers
  and provided that the minimum standards set out in this Directive are not undercut
  , establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11.

shall

maintain and

and provided that the minimum standards set out in this Directive are not undercut

Reason

Reason

Article 12 provides for the minimum standards in Articles 7 to 11 to be modified under collective agreements on condition that the overall protection of workers is maintained. Flexibility of this kind is necessary given the different labour markets, national rules and forms of employment, including those of public officials, that exist in the public sector in the Member States. However, departures from the law by means of collective agreement do not pose any issues — only in cases where they include an equivalent of all regulatory objectives — and do not relate to other matters.

Amendment 19

Amendment 19

Chapter IV — Article 13

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Compliance




  Member States shall take all necessary measures to ensure that provisions contrary to this Directive in individual or collective agreements, internal rules of undertakings, or any other arrangements shall be declared null and void or are amended in order to bring them into line with the provisions of this Directive. | |

Text proposed by the Commission

CoR amendment

Compliance

Compliance

Member States shall take all necessary measures to ensure that provisions contrary to this Directive in individual or collective agreements, internal rules of undertakings, or any other arrangements shall be declared null and void or are amended in order to bring them into line with the provisions of this Directive.

Member States shall take all necessary measures to ensure that provisions contrary to this Directive in individual or collective agreements, internal rules of undertakings, or any other arrangements shall be declared null and void or are amended in order to bring them into line with the provisions of this Directive.

Reason

Reason

Article 13 is superfluous, as Article 15 on the right to redress is sufficient.

Amendment 20

Amendment 20

Chapter V — Article 14(1)

| Commission proposal | CoR amendment |
| --- | --- |
| Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6,
  and the employer has failed to rectify that omission within 15 days of its notification, one of
  the following systems shall apply: | Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6,
  and the employer has failed to rectify that omission within 15 days of its notification,
  the following
  two
  systems shall apply: |

Commission proposal

CoR amendment

Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6,
  and the employer has failed to rectify that omission within 15 days of its notification, one of
  the following systems shall apply:

and the employer has failed to rectify that omission within 15 days of its notification, one of

Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6,
  and the employer has failed to rectify that omission within 15 days of its notification,
  the following
  two
  systems shall apply:

and the employer has failed to rectify that omission within 15 days of its notification,

two

Reason

Reason

This proposal introduces instruments to penalise non-compliance with the information requirements. However, these instruments only come into play when the worker becomes aware that the information is incomplete and has notified the employer of this, after which the employer then has fifteen days in which to make good on their information obligations. The condition therefore is that the worker must play an active part. This is not appropriate, since the responsibility for providing comprehensive information is shifted to the person to be informed. In general, however, that person will shy away from any discussion with the employer, especially just after they have started their job. It is right that the legal consequences should apply without the worker having taken active steps to highlight the problem.

Amendment 21

Amendment 21

Chapter V — Article 14(1)(a)

| Commission proposal | CoR amendment |
| --- | --- |
| the worker shall benefit from favourable presumptions
  defined by
  the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2),
  the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively
  . Employers shall have the possibility to rebut the presumptions; | the worker shall benefit from favourable presumptions
  which
  the Member State
  is obliged to define
  . Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2),
  the working conditions reported by the worker shall apply as agreed
  . Employers shall have the possibility to rebut the presumptions;
  and |

Commission proposal

CoR amendment

the worker shall benefit from favourable presumptions
  defined by
  the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2),
  the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively
  . Employers shall have the possibility to rebut the presumptions;

defined by

the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively

the worker shall benefit from favourable presumptions
  which
  the Member State
  is obliged to define
  . Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2),
  the working conditions reported by the worker shall apply as agreed
  . Employers shall have the possibility to rebut the presumptions;
  and

which

is obliged to define

the working conditions reported by the worker shall apply as agreed

and

Reason

Reason

Member States are obliged to introduce the mechanism of presumption specified under (a). However, the proposal is too vague, under which more favourable presumptions are defined by the Member States. It must be spelt out that, in the event of non-compliance with information obligations, in principle the working conditions reported by the worker shall apply as agreed, as shall the presumption of an open-ended full-time job which is already mentioned in the rules and which can be rebutted by the employer.

Amendment 22

Amendment 22

Chapter V — Article 14(1)(b)

| Commission proposal | CoR amendment |
| --- | --- |
| the worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities. | additionally
  the worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities. |

Commission proposal

CoR amendment

the worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities.

additionally
  the worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities.

additionally

Reason

Reason

The option of lodging a complaint before the competent authority (point b) contains no favourable legal consequences for workers and should therefore not be presented to Member States as an alternative choice, but may only serve to complement the proposal in point (a). As regards the second option, a worker whose employer has not fulfilled their obligation is dependent on an administrative procedure, the duration and outcome of which depends crucially on the authority and, in the best case scenario, will result in an administrative penalty. Moreover, this option does not prevent information requirements from being circumvented.

Amendment 23

Amendment 23

Chapter V — Article 17(1)

| Commission proposal | CoR amendment |
| --- | --- |
| Member States shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive. | Member States shall take the necessary measures to prohibit
  , and declare as legally ineffective,
  the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive. |

Commission proposal

CoR amendment

Member States shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive.

Member States shall take the necessary measures to prohibit
  , and declare as legally ineffective,
  the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive.

, and declare as legally ineffective,

Reason

Reason

In accordance with paragraph 1, dismissal or preparations for such a dismissal shall be prohibited by the Member States on the basis of rights conferred by this Directive. In combination with Paragraph 2, under which workers who think they have been dismissed for exercising rights under this Directive may request a written justification and opinion, this is not a sufficient tool for the exercising of rights arising from this Directive. For protection to be really effective, explicit legal consequences are needed to make inoperable any dismissal or preparations for dismissal for exercising the rights provided for in this Directive.

Amendment 24

Amendment 24

Chapter V — Article 17(2)

| Commission proposal | CoR amendment |
| --- | --- |
| Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. | Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing.
  Member States shall also take the necessary steps to ensure that the deadline for bringing an action contesting dismissal is suspended as long as the worker has not received written justification from their employer. |

Commission proposal

CoR amendment

Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing.

Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing.
  Member States shall also take the necessary steps to ensure that the deadline for bringing an action contesting dismissal is suspended as long as the worker has not received written justification from their employer.

Member States shall also take the necessary steps to ensure that the deadline for bringing an action contesting dismissal is suspended as long as the worker has not received written justification from their employer.

Reason

Reason

From a practical point of view, it is essential that the deadline for contesting dismissal is suspended as long as the worker has not received justification in writing from their employer. Otherwise, there is a risk that this provision will prove to be detrimental to workers who, in anticipation of receiving the legally required justification, miss the deadline for bringing an action.

Amendment 25

Amendment 25

Chapter V — Article 17(3)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Member States shall take the necessary measures to ensure that, when workers referred to in paragraph 2
  establish
  , before a court or other competent authority,
  facts
  from which it may be presumed that there has been such dismissal or its equivalent, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1. | Member States shall take the necessary measures to ensure that, when workers referred to in paragraph 2
  present
  , before a court or other competent authority,
  evidence
  from which it may be presumed that there has been such dismissal or its equivalent, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1. |

Text proposed by the Commission

CoR amendment

Member States shall take the necessary measures to ensure that, when workers referred to in paragraph 2
  establish
  , before a court or other competent authority,
  facts
  from which it may be presumed that there has been such dismissal or its equivalent, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1.

establish

facts

Member States shall take the necessary measures to ensure that, when workers referred to in paragraph 2
  present
  , before a court or other competent authority,
  evidence
  from which it may be presumed that there has been such dismissal or its equivalent, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1.

present

evidence

Reason

Reason

It is not clear how specific/substantiated the facts presented by the worker have to be. It should be enough to present evidence that points to such punitive action. Therefore, the word ‘facts’ should be replaced by ‘evidence’.

Amendment 26

Amendment 26

Chapter V — Article 18

| Commission proposal | CoR amendment |
| --- | --- |
| Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They
  may
  also comprise payment of compensation. | Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They
  must
  also comprise
  appropriate
  payment of compensation. |

Commission proposal

CoR amendment

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They
  may
  also comprise payment of compensation.

may

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They
  must
  also comprise
  appropriate
  payment of compensation.

must

appropriate

Reason

Reason

Fines alone are not enough to penalise infringements effectively. They are imposed to varying degrees of effectiveness depending on the Member State and the circumstances within the competent authorities there. In addition, fines provide no benefits for workers whose rights have been infringed.

Amendment 27

Amendment 27

Chapter VI — Article 19(1)

| Commission proposal | CoR amendment |
| --- | --- |
| This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. | This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States.
  In addition, implementation of this Directive must not be grounds for any regression in relation to the situation which already prevails in each Member State regarding the general level of worker protection and in the areas to which it applies. |

Commission proposal

CoR amendment

This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States.

This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States.
  In addition, implementation of this Directive must not be grounds for any regression in relation to the situation which already prevails in each Member State regarding the general level of worker protection and in the areas to which it applies.

In addition, implementation of this Directive must not be grounds for any regression in relation to the situation which already prevails in each Member State regarding the general level of worker protection and in the areas to which it applies.

Reason

Reason

Paragraph 1 needs to be expanded to ensure that the overall level of protection cannot be lowered and that, for areas covered by the Directive, no deterioration is allowed in the areas to which it applies as a result of the its implementation. Such a specific prohibition is quite common in social policy directives and is recognised by the ECJ, for example Article 8(3) of the annex to the fixed-term work directive 1999/70/EC (social partner agreement as an annex to the framework directive) and in Article 9(4) of the framework directive on informing and consulting workers (2002/14/EC).

Amendment 28

Amendment 28

Chapter VI — Article 21

| Commission proposal | CoR amendment |
| --- | --- |
| The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years].
  However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive. | The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years]. |

Commission proposal

CoR amendment

The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years].
  However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.

However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.

The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years].

Reason

Reason

We welcome the fact that the rights and obligations arising from this Directive shall also be applied to existing employment relationships. However, it is unclear how sentence 2 and thus sentence 3 stand in relation to this. If the Directive is to apply to existing employment relationships, then these sentences are redundant. The obligation to provide information must — in existing employment relationships too — apply regardless of any request. Finally, as employers are the subject of labour rules, they must take account of changes to the legal situation and meet their obligations based on those requirements, without being called upon by workers to behave in accordance with the law.

II.   POLICY RECOMMENDATIONS

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

Changing labour markets in Europe

Changing labour markets in Europe

| 1. | welcomes the fact that, since the 2008-2013 economic and financial crisis, the unemployment rate has steadily fallen and currently stands at 7,3 % in the EU and 8,6 % in the euro area; |
| --- | --- |

1.

welcomes the fact that, since the 2008-2013 economic and financial crisis, the unemployment rate has steadily fallen and currently stands at 7,3 % in the EU and 8,6 % in the euro area;

| 2. | points out, however, that the economic and financial crisis has heavily affected younger workers in particular. The youth unemployment rate stood at 16,7 % in April 2017. It is therefore still above pre-crisis levels and is more than double the general unemployment rate; |
| --- | --- |

2.

points out, however, that the economic and financial crisis has heavily affected younger workers in particular. The youth unemployment rate stood at 16,7 % in April 2017. It is therefore still above pre-crisis levels and is more than double the general unemployment rate;

| 3. | deplores the fact that, despite action at EU level, it has not proved possible to solve the problem of excessive youth unemployment. Therefore points out that, in addition to labour market measures, it is important to take action to increase the mobility of the population and for the authorities to seek to gear educational curricula more closely to the real needs of the labour market; |
| --- | --- |

3.

deplores the fact that, despite action at EU level, it has not proved possible to solve the problem of excessive youth unemployment. Therefore points out that, in addition to labour market measures, it is important to take action to increase the mobility of the population and for the authorities to seek to gear educational curricula more closely to the real needs of the labour market;

| 4. | notes that, in 2016, the employment rate for those aged between 20 and 64 stood at 71,1 %, which was the highest annual average ever recorded in the European Union. Against the backdrop of that average, there are, however, sharp differences between the Member States. The employment rate among people aged 25-54 has remained almost unchanged since 2001, whereas it has significantly increased among older people (aged 55-64) and decreased among the young (aged 15-24); |
| --- | --- |

4.

notes that, in 2016, the employment rate for those aged between 20 and 64 stood at 71,1 %, which was the highest annual average ever recorded in the European Union. Against the backdrop of that average, there are, however, sharp differences between the Member States. The employment rate among people aged 25-54 has remained almost unchanged since 2001, whereas it has significantly increased among older people (aged 55-64) and decreased among the young (aged 15-24);

| 5. | welcomes the fact that the gap in the employment rate between women and men has narrowed. Mostly this is due to increasing employment rates for women. However, there are also Member States in which the smaller gap is due to lower employment rates for men; |
| --- | --- |

5.

welcomes the fact that the gap in the employment rate between women and men has narrowed. Mostly this is due to increasing employment rates for women. However, there are also Member States in which the smaller gap is due to lower employment rates for men;

| 6. | finds it regrettable that the share of people working only part-time increased from 14,9 % in 2002 to 19,0 % in 2015. In terms of ratio, there is a clear difference between men and women. Accounting for just under one third (31,4 %) of the female workforce, in 2016 considerably more women were working part-time than men (8,2 %); |
| --- | --- |

6.

finds it regrettable that the share of people working only part-time increased from 14,9 % in 2002 to 19,0 % in 2015. In terms of ratio, there is a clear difference between men and women. Accounting for just under one third (31,4 %) of the female workforce, in 2016 considerably more women were working part-time than men (8,2 %);

| 7. | is concerned with the possibility that, under certain conditions, non-standard employment, particularly temporary jobs, disproportionately affects often younger, less educated and less skilled people, most of whom do not voluntarily enter into such employment relationships. In 2015, only 37 % of younger workers had a permanent full-time employment contract. This compares to 48 % in 2002, which is a marked decrease; |
| --- | --- |

7.

is concerned with the possibility that, under certain conditions, non-standard employment, particularly temporary jobs, disproportionately affects often younger, less educated and less skilled people, most of whom do not voluntarily enter into such employment relationships. In 2015, only 37 % of younger workers had a permanent full-time employment contract. This compares to 48 % in 2002, which is a marked decrease;

| 8. | notes that, while permanent full-time contracts are still the predominant form of employment relationship, over the last 20 years non-standard forms of employment have increased significantly. In 1995, 32 % of workers in the EU-15 had non-standard contracts. By 2015, this proportion had risen to 36 % in the EU-28, and this upward trend is continuing; |
| --- | --- |

8.

notes that, while permanent full-time contracts are still the predominant form of employment relationship, over the last 20 years non-standard forms of employment have increased significantly. In 1995, 32 % of workers in the EU-15 had non-standard contracts. By 2015, this proportion had risen to 36 % in the EU-28, and this upward trend is continuing;

Challenges in the context of the change

Challenges in the context of the change

| 9. | notes that we live in times of increasing interdependence in the global economy, complex international value chains, and faster technological and business-organisation innovation cycles with increased networking and digitalisation of working processes, labour markets are changing at an ever increasing rate and a growing number of new non-standard jobs are emerging. In order for workers not to find themselves in an uncertain situation, the right balance between flexibility and security needs to be established; |
| --- | --- |

9.

notes that we live in times of increasing interdependence in the global economy, complex international value chains, and faster technological and business-organisation innovation cycles with increased networking and digitalisation of working processes, labour markets are changing at an ever increasing rate and a growing number of new non-standard jobs are emerging. In order for workers not to find themselves in an uncertain situation, the right balance between flexibility and security needs to be established;

| 10. | points out that some new, non-standard forms of employment, which are expected to grow in the coming years, are a particular source of concern, given the increased uncertainty regarding job stability, income and access to social protection. These include intermittent employment, (non-voluntary) limited part-time work, voucher-based work and crowd work; |
| --- | --- |

10.

points out that some new, non-standard forms of employment, which are expected to grow in the coming years, are a particular source of concern, given the increased uncertainty regarding job stability, income and access to social protection. These include intermittent employment, (non-voluntary) limited part-time work, voucher-based work and crowd work;

| 11. | draws attention to the fact that certain non-standard forms of employment which have existed for some time, such as paid internships and temporary agency work, continue to pose a challenge in terms of job security and appropriate working conditions; |
| --- | --- |

11.

draws attention to the fact that certain non-standard forms of employment which have existed for some time, such as paid internships and temporary agency work, continue to pose a challenge in terms of job security and appropriate working conditions;

| 12. | stresses that, overall, workers in non-standard jobs are more frequently faced with non-stable employment. In most cases, non-standard jobs offer lower hourly wages than permanent full-time jobs. Furthermore, people in non-standard jobs have a higher risk of becoming unemployed; |
| --- | --- |

12.

stresses that, overall, workers in non-standard jobs are more frequently faced with non-stable employment. In most cases, non-standard jobs offer lower hourly wages than permanent full-time jobs. Furthermore, people in non-standard jobs have a higher risk of becoming unemployed;

| 13. | underlines that, in most cases, those in non-standard employment pay fewer and lower social security contributions, which has a negative impact on their entitlement to social benefits and on the amount and duration of such benefits. In addition to physical health and job security problems, those in insecure jobs often suffer from more stress at work; |
| --- | --- |

13.

underlines that, in most cases, those in non-standard employment pay fewer and lower social security contributions, which has a negative impact on their entitlement to social benefits and on the amount and duration of such benefits. In addition to physical health and job security problems, those in insecure jobs often suffer from more stress at work;

| 14. | notes that people in non-standard jobs tend to have less access to workplace representation and to employment regulated by collective agreements. The low rate of conversion from temporary to permanent jobs suggests that inequality is maintained over a longer period. Figures from Member States show that less than 50 % of those employed on temporary contracts in a given year, had a permanent full-time job three years later; |
| --- | --- |

14.

notes that people in non-standard jobs tend to have less access to workplace representation and to employment regulated by collective agreements. The low rate of conversion from temporary to permanent jobs suggests that inequality is maintained over a longer period. Figures from Member States show that less than 50 % of those employed on temporary contracts in a given year, had a permanent full-time job three years later;

| 15. | takes the view that non-standard forms of employment benefit the economy. Yet, if no basic security is guaranteed, they may also entail disadvantages for the employer. Although there might initially be cost savings, there are also considerable hidden costs. The management of a workforce consisting of permanent and temporary staff is complex, carries the risk of conflict and the danger of lost motivation, which can result in productivity losses. Job insecurity may hamper innovation and lead to a lack of confidence and risk-averse behaviour; |
| --- | --- |

15.

takes the view that non-standard forms of employment benefit the economy. Yet, if no basic security is guaranteed, they may also entail disadvantages for the employer. Although there might initially be cost savings, there are also considerable hidden costs. The management of a workforce consisting of permanent and temporary staff is complex, carries the risk of conflict and the danger of lost motivation, which can result in productivity losses. Job insecurity may hamper innovation and lead to a lack of confidence and risk-averse behaviour;

Need for action in the context of change

Need for action in the context of change

| 16. | notes that, important steps must be taken towards improving worker protection and ensuring more harmonised standards in the European internal market. Existing EU labour law does not apply equally to all workers and it creates disparities and leads to inequalities in terms of working conditions and social protection in general; |
| --- | --- |

16.

notes that, important steps must be taken towards improving worker protection and ensuring more harmonised standards in the European internal market. Existing EU labour law does not apply equally to all workers and it creates disparities and leads to inequalities in terms of working conditions and social protection in general;

| 17. | points out that the REFIT study aimed at supporting the evaluation of the Written Statement Directive (91/533/EEC), found that there is a core group of protected people (typically workers on permanent standard contracts or long-term contracts), while in many other worker categories there are in practice considerable differences or uncertainty as to whether the provisions of the Directive are applicable to them. Many workers are not sufficiently aware of their basic rights, or they have no confirmation of what these right are; |
| --- | --- |

17.

points out that the REFIT study aimed at supporting the evaluation of the Written Statement Directive (91/533/EEC), found that there is a core group of protected people (typically workers on permanent standard contracts or long-term contracts), while in many other worker categories there are in practice considerable differences or uncertainty as to whether the provisions of the Directive are applicable to them. Many workers are not sufficiently aware of their basic rights, or they have no confirmation of what these right are;

| 18. | strongly supports any efforts to secure a minimum level of fair working conditions across the European Union for all different forms of employment contract and to avoid creating unjustified further bureaucracy and red tape for small and medium-sized enterprises. These minimum rights would offer all workers the necessary protection, there would be a clear reference framework to which the national legislators and the courts could refer; |
| --- | --- |

18.

strongly supports any efforts to secure a minimum level of fair working conditions across the European Union for all different forms of employment contract and to avoid creating unjustified further bureaucracy and red tape for small and medium-sized enterprises. These minimum rights would offer all workers the necessary protection, there would be a clear reference framework to which the national legislators and the courts could refer;

| 19. | reiterates that new minimum rights at EU level for the working conditions of employees, and the associated obligation to inform workers in writing about their working conditions, are key, as they provide both employers and workers with more certainty and prevent a damaging race to the bottom among Member States; |
| --- | --- |

19.

reiterates that new minimum rights at EU level for the working conditions of employees, and the associated obligation to inform workers in writing about their working conditions, are key, as they provide both employers and workers with more certainty and prevent a damaging race to the bottom among Member States;

| 20. | is of the opinion that new minimum rights at EU level not only ensure a level playing field, insofar as different national approaches lead to distortions of competition and barriers to the free movement of workers within the internal market. They can also improve the effectiveness of the EU labour market, promote economic and social progress and cohesion and foster a fresh process of convergence towards better working and living conditions while, at the same time, maintaining the integrity of the internal market; |
| --- | --- |

20.

is of the opinion that new minimum rights at EU level not only ensure a level playing field, insofar as different national approaches lead to distortions of competition and barriers to the free movement of workers within the internal market. They can also improve the effectiveness of the EU labour market, promote economic and social progress and cohesion and foster a fresh process of convergence towards better working and living conditions while, at the same time, maintaining the integrity of the internal market;

General assessment of the proposal for a directive

General assessment of the proposal for a directive

| 21. | welcomes the fact that, in response to the current challenges facing labour markets, the European Commission has decided to put forward a proposal for a directive on transparent and predictable working conditions in the European Union. The Directive will serve to implement important principles enshrined in the European Pillar of Social Rights and bring European employment legislation into line with the EU labour markets of the 21st century; |
| --- | --- |

21.

welcomes the fact that, in response to the current challenges facing labour markets, the European Commission has decided to put forward a proposal for a directive on transparent and predictable working conditions in the European Union. The Directive will serve to implement important principles enshrined in the European Pillar of Social Rights and bring European employment legislation into line with the EU labour markets of the 21st century;

| 22. | points out that Articles 27 and 31 of the Charter of Fundamental Rights of the European Union state that workers have the right to information and the right to fair and just working conditions; |
| --- | --- |

22.

points out that Articles 27 and 31 of the Charter of Fundamental Rights of the European Union state that workers have the right to information and the right to fair and just working conditions;

| 23. | stresses that local and regional authorities are major public sector employers that must balance budgets, public service delivery and terms and conditions for the workforce. They also have a key role to play in exchanging information and best practices. Local and regional authorities are affected as contracting authorities and they are also involved in the monitoring of potential abuses; |
| --- | --- |

23.

stresses that local and regional authorities are major public sector employers that must balance budgets, public service delivery and terms and conditions for the workforce. They also have a key role to play in exchanging information and best practices. Local and regional authorities are affected as contracting authorities and they are also involved in the monitoring of potential abuses;

| 24. | underlines that social services, services for labour market integration and adaptation to structural changes as well as social, economic and cultural integration measures, are primarily guaranteed and delivered by local and regional authorities; |
| --- | --- |

24.

underlines that social services, services for labour market integration and adaptation to structural changes as well as social, economic and cultural integration measures, are primarily guaranteed and delivered by local and regional authorities;

| 25. | stresses that it is very important for the Commission to fully respect the subsidiarity principle and underlines that the proportionality principle must be upheld at all costs so as to avoid any additional financial or administrative burdens. The comprehensive social and employment policy responsibilities of national and sub-national authorities should be respected; |
| --- | --- |

25.

stresses that it is very important for the Commission to fully respect the subsidiarity principle and underlines that the proportionality principle must be upheld at all costs so as to avoid any additional financial or administrative burdens. The comprehensive social and employment policy responsibilities of national and sub-national authorities should be respected;

| 26. | therefore reiterates its support for the European Commission’s initiative aimed at strengthening the social dimension in the EU in accordance with Article 9 of the Lisbon Treaty, according to which the social dimension must be taken into account in all European Union measures; |
| --- | --- |

26.

therefore reiterates its support for the European Commission’s initiative aimed at strengthening the social dimension in the EU in accordance with Article 9 of the Lisbon Treaty, according to which the social dimension must be taken into account in all European Union measures;

Positive comments on the proposal for a directive

Positive comments on the proposal for a directive

| 27. | points out that, although the Written Statement Directive (91/533/EEC) was adopted over 25 years ago, its objectives of creating a more transparent labour market and protecting workers’ rights, are still of the utmost importance; |
| --- | --- |

27.

points out that, although the Written Statement Directive (91/533/EEC) was adopted over 25 years ago, its objectives of creating a more transparent labour market and protecting workers’ rights, are still of the utmost importance;

| 28. | underlines the importance of providing written information to both employers and workers, as this ensures greater transparency and reduces asymmetries between the two contracting parties. However, this is only an initial step towards preventing precarious employment; |
| --- | --- |

28.

underlines the importance of providing written information to both employers and workers, as this ensures greater transparency and reduces asymmetries between the two contracting parties. However, this is only an initial step towards preventing precarious employment;

| 29. | welcomes the fact that informing workers of the essential aspects of their conditions of employment, on their first working day at the latest, leads to much more certainty and clarity and, in the context of transnational activities and the cross-border free movement of workers, this is to be regarded as particularly beneficial; |
| --- | --- |

29.

welcomes the fact that informing workers of the essential aspects of their conditions of employment, on their first working day at the latest, leads to much more certainty and clarity and, in the context of transnational activities and the cross-border free movement of workers, this is to be regarded as particularly beneficial;

| 30. | acknowledges, in particular, the addition of the following substantive rights or minimum requirements for working conditions:






  — | the probationary period will be limited to six months, |
| --- | --- | --- |

30.

acknowledges, in particular, the addition of the following substantive rights or minimum requirements for working conditions:

—

the probationary period will be limited to six months,

| — | workers will be able to work for more than one employer, |
| --- | --- |

—

workers will be able to work for more than one employer,

| — | as regards on-demand work — with a variable schedule — the worker must be informed in advance when they are required to work, |
| --- | --- |

—

as regards on-demand work — with a variable schedule — the worker must be informed in advance when they are required to work,

| — | workers may request a substantiated written reply from their employer about more stable forms of employment, |
| --- | --- |

—

workers may request a substantiated written reply from their employer about more stable forms of employment,

| — | requests for mandatory training must in future be paid in full by the employer, |
| --- | --- |

—

requests for mandatory training must in future be paid in full by the employer,

and highlights the possibility for the social partners of concluding a collective agreement on minimum rights, taking into account the overall protection of workers and ensuring that the minimum conditions for working conditions set out in this directive are not undercut;

| 31. | points out that there is no consensus in the EU on labour contracts and that this Directive is important in terms of promoting the mobility of workers within the internal market — by providing minimum information standards which reduce disparities between Member States and by making it easier for both businesses and workers to operate in other Member States; |
| --- | --- |

31.

points out that there is no consensus in the EU on labour contracts and that this Directive is important in terms of promoting the mobility of workers within the internal market — by providing minimum information standards which reduce disparities between Member States and by making it easier for both businesses and workers to operate in other Member States;

| 32. | highlights that transparency is useful not only for workers but also for authorities in their efforts to reduce undeclared work, and for employers and potential investors who require legal certainty in relation to working conditions; |
| --- | --- |

32.

highlights that transparency is useful not only for workers but also for authorities in their efforts to reduce undeclared work, and for employers and potential investors who require legal certainty in relation to working conditions;

| 33. | reiterates the benefits for workers of being provided with personalised information on the key elements of their employment contracts. With such information, workers are more aware of, and more familiar with, the key aspects of their working conditions and their rights; |
| --- | --- |

33.

reiterates the benefits for workers of being provided with personalised information on the key elements of their employment contracts. With such information, workers are more aware of, and more familiar with, the key aspects of their working conditions and their rights;

Critical comments on the proposal for a directive

Critical comments on the proposal for a directive

| 34. | welcomes the fact that the proposed Directive extends employers’ obligation to inform workers of their working conditions, and improves the enforceability of this obligation. At the same time, it introduces new substantive rights in the form of ‘minimum requirements relating to working conditions’. However, a critical view is taken of the combination of two independent sets of rules in one single package; |
| --- | --- |

34.

welcomes the fact that the proposed Directive extends employers’ obligation to inform workers of their working conditions, and improves the enforceability of this obligation. At the same time, it introduces new substantive rights in the form of ‘minimum requirements relating to working conditions’. However, a critical view is taken of the combination of two independent sets of rules in one single package;

| 35. | is in favour of adapting in this Directive definitions of the notion of worker and employer as well as employment relationship, to the case law of the ECJ and not laying down further rules in this Directive since these still require in-depth discussion. National law as regards the definition of these terms must remain unaffected; |
| --- | --- |

35.

is in favour of adapting in this Directive definitions of the notion of worker and employer as well as employment relationship, to the case law of the ECJ and not laying down further rules in this Directive since these still require in-depth discussion. National law as regards the definition of these terms must remain unaffected;

| 36. | notes that many forms of work in the collaborative economy lie mid-way between salaried employment and freelance work. This raises important questions as regards working conditions, health and safety, health insurance, sick pay, unemployment benefits and pensions. All this could give rise to a new category of precarious employment; |
| --- | --- |

36.

notes that many forms of work in the collaborative economy lie mid-way between salaried employment and freelance work. This raises important questions as regards working conditions, health and safety, health insurance, sick pay, unemployment benefits and pensions. All this could give rise to a new category of precarious employment;

| 37. | calls for the debate to pay special attention to non-standard forms of employment, since these come under the scope of the Directive and vary considerably from one Member State to another; |
| --- | --- |

37.

calls for the debate to pay special attention to non-standard forms of employment, since these come under the scope of the Directive and vary considerably from one Member State to another;

| 38. | calls for the debate to also pay special attention to the 4-6 million workers in the EU with on-demand and intermittent employment contracts; |
| --- | --- |

38.

calls for the debate to also pay special attention to the 4-6 million workers in the EU with on-demand and intermittent employment contracts;

| 39. | highlights the need for guidance for employers to meet new provisions for non-standard work and the proposed EU right to apply for a more secure and predictable form of employment. Support in determining reference hours and developing processes for managing casual and short-term working is necessary as short-term, part-time and on-call contracts can also be found in the public sector. There is also a need for clarity with regard to the processing of repeat requests from individuals; |
| --- | --- |

39.

highlights the need for guidance for employers to meet new provisions for non-standard work and the proposed EU right to apply for a more secure and predictable form of employment. Support in determining reference hours and developing processes for managing casual and short-term working is necessary as short-term, part-time and on-call contracts can also be found in the public sector. There is also a need for clarity with regard to the processing of repeat requests from individuals;

| 40. | stresses that the equal treatment and non-discrimination of workers must be guaranteed; |
| --- | --- |

40.

stresses that the equal treatment and non-discrimination of workers must be guaranteed;

| 41. | notes, overall, that the European Commission’s proposed directive can only be a starting point for a broad debate on ways to create sustainable employment in Europe that provides a decent living, combined with a demand to increase the social rights of all workers in general and ensure that existing rights are applied to all workers; |
| --- | --- |

41.

notes, overall, that the European Commission’s proposed directive can only be a starting point for a broad debate on ways to create sustainable employment in Europe that provides a decent living, combined with a demand to increase the social rights of all workers in general and ensure that existing rights are applied to all workers;

Additional proposals for a directive and further regulatory requirements

Additional proposals for a directive and further regulatory requirements

| 42. | urges the European Commission to ensure that the current revision of the Directive also takes account of the forms of self- employment which have emerged and are emerging and the expected guarantee of equal pay for equal work for all those in non-standard employment; |
| --- | --- |

42.

urges the European Commission to ensure that the current revision of the Directive also takes account of the forms of self- employment which have emerged and are emerging and the expected guarantee of equal pay for equal work for all those in non-standard employment;

| 43. | notes that the right balance needs to be found between meeting administrative costs and supporting or bolstering local policies that aim to improve salaries and living and working conditions, including for non-standard workers; |
| --- | --- |

43.

notes that the right balance needs to be found between meeting administrative costs and supporting or bolstering local policies that aim to improve salaries and living and working conditions, including for non-standard workers;

| 44. | recommends that the new substantive rights be expanded to include a ban on zero-hours contracts and the right to guaranteed working hours and more rights in connection with dismissal, since otherwise the scope of the substantive rights will fall short; |
| --- | --- |

44.

recommends that the new substantive rights be expanded to include a ban on zero-hours contracts and the right to guaranteed working hours and more rights in connection with dismissal, since otherwise the scope of the substantive rights will fall short;

| 45. | points out that the responsibility for work-life balance must be shared equally between workers, families, social partners, local and regional authorities and all public and private service providers. Only by ensuring a holistic approach from all sides will it be possible to pursue a socially and economically sustainable environment that puts individuals and their families at the heart of policy-making; |
| --- | --- |

45.

points out that the responsibility for work-life balance must be shared equally between workers, families, social partners, local and regional authorities and all public and private service providers. Only by ensuring a holistic approach from all sides will it be possible to pursue a socially and economically sustainable environment that puts individuals and their families at the heart of policy-making;

| 46. | highlights the important role of local end regional authorities in designing, implementing and evaluating measures in areas where they often have key competences, such as social and employment policy; |
| --- | --- |

46.

highlights the important role of local end regional authorities in designing, implementing and evaluating measures in areas where they often have key competences, such as social and employment policy;

| 47. | calls on the Commission, as a follow-up to the adoption of the European Pillar of Social Rights (1), to put forward a proposal for better worker participation in European businesses, as effective workplace representation is also an important tool in maintaining transparent and predictable working conditions; |
| --- | --- |

47.

calls on the Commission, as a follow-up to the adoption of the European Pillar of Social Rights (1

| 48. | believes that, while taking account of the requirements of the European works councils directive (2009/38/EC), the scope of European law on works councils should be broadened to cover digitalisation, with a view to strengthening and protecting existing worker representation rights against the backdrop of growing cross-border and transnational business activity and the associated increase in mobile and transnational work; |
| --- | --- |

48.

believes that, while taking account of the requirements of the European works councils directive (2009/38/EC), the scope of European law on works councils should be broadened to cover digitalisation, with a view to strengthening and protecting existing worker representation rights against the backdrop of growing cross-border and transnational business activity and the associated increase in mobile and transnational work;

| 49. | notes that some Member States have well-functioning labour market models with highly autonomous social partners in which employment relationships and working conditions are regulated by collective agreement, based on a balance between different interests as regards conditions. To comply with the legal standards in this Directive it must be possible to continue to regulate issues concerning minimum rights through collective agreements. |
| --- | --- |

49.

notes that some Member States have well-functioning labour market models with highly autonomous social partners in which employment relationships and working conditions are regulated by collective agreement, based on a balance between different interests as regards conditions. To comply with the legal standards in this Directive it must be possible to continue to regulate issues concerning minimum rights through collective agreements.

Brussels, 5 July 2018.

The President of the European Committee of the Regions

Karl-Heinz LAMBERTZ

---

(1)  CoR opinion on the European Pillar of Social Rights (CoR 3141/2017), October 2017

1

---

| 25.10.2018 | EN | Official Journal of the European Union | C 387/70 |
| --- | --- | --- | --- |

25.10.2018

EN

Official Journal of the European Union

C 387/70

---

Opinion of the European Committee of the Regions — Delivering on low-emission mobility

(2018/C 387/11)

| Rapporteur: | Michiel SCHEFFER (NL/ALDE), Member of the Executive Council of the Province of Gelderland |
| --- | --- |
| References documents: | Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Delivering on low-emission mobility — A European Union that protects the planet, empowers its consumers and defends its industry and workers
  COM (2017) 675 final
  Proposal for a Directive of the European Parliament and of the Council amending Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States
  COM(2017) 648 final and final/2
  Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services
  COM(2017) 647 final
  Proposal for a Directive of the European Parliament and of the Council amending Directive 2009/33/EU on the promotion of clean and energy-efficient road transport vehicles
  COM(2017) 653 final
  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Towards the broadest use of alternative fuels — an Action Plan on Alternative Fuels Infrastructure under Article 10(6) of Directive 2014/94/EU, including the assessment of national policy frameworks under Article 10(2) of Directive 2014/94/EU
  COM(2017) 652 final and final/2 |

Rapporteur:

Michiel SCHEFFER (NL/ALDE), Member of the Executive Council of the Province of Gelderland

References documents:

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Delivering on low-emission mobility — A European Union that protects the planet, empowers its consumers and defends its industry and workers

COM (2017) 675 final

Proposal for a Directive of the European Parliament and of the Council amending Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States

COM(2017) 648 final and final/2

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services

COM(2017) 647 final

Proposal for a Directive of the European Parliament and of the Council amending Directive 2009/33/EU on the promotion of clean and energy-efficient road transport vehicles

COM(2017) 653 final

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Towards the broadest use of alternative fuels — an Action Plan on Alternative Fuels Infrastructure under Article 10(6) of Directive 2014/94/EU, including the assessment of national policy frameworks under Article 10(2) of Directive 2014/94/EU

COM(2017) 652 final and final/2

I.   RECOMMENDATIONS FOR AMENDMENTS

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services

COM(2017) 647 — final

Amendment 1

Recital (3)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| An
  independent and impartial regulatory body should be designated in each Member State to ensure the proper functioning of the road passenger transport market. That body may also be responsible for other regulated sectors such as rail, energy or telecommunications. | Either competent transport authorities or an independent and impartial regulatory body should be designated in each Member State to ensure the proper functioning of the road passenger transport market. That body may also be responsible for other regulated sectors such as rail, energy or telecommunications. |

Text proposed by the Commission

CoR amendment

An
  independent and impartial regulatory body should be designated in each Member State to ensure the proper functioning of the road passenger transport market. That body may also be responsible for other regulated sectors such as rail, energy or telecommunications.

Either competent transport authorities or an independent and impartial regulatory body should be designated in each Member State to ensure the proper functioning of the road passenger transport market. That body may also be responsible for other regulated sectors such as rail, energy or telecommunications.

Reason

Under the EU Treaty, passenger transport is a service of general economic interest (SGEI). To impose an independent regulatory body may be disproportionate when the market is organised under (EC) Regulation No 1370/2007.

Amendment 2

Recital (4)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Commercial regular service operations should not compromise the economic equilibrium of existing public service contracts. For this reason, the regulatory body should be able to carry out an objective economic analysis to ensure that this is the case. | Commercial regular service operations should not compromise the equilibrium of existing public service contracts. For this reason, the regulatory body should be able to carry out an objective analysis to ensure that this is the case. This analysis must take into account the relevant structural and geographical characteristics of the market and network concerned (size, demand characteristics, network complexity, technical and geographical isolation and the services covered by the contract) as well as whether the new service leads to an improvement in the quality of services or cost efficiency, or both, compared to the previously awarded public service contract. |

Text proposed by the Commission

CoR amendment

Commercial regular service operations should not compromise the economic equilibrium of existing public service contracts. For this reason, the regulatory body should be able to carry out an objective economic analysis to ensure that this is the case.

Commercial regular service operations should not compromise the equilibrium of existing public service contracts. For this reason, the regulatory body should be able to carry out an objective analysis to ensure that this is the case. This analysis must take into account the relevant structural and geographical characteristics of the market and network concerned (size, demand characteristics, network complexity, technical and geographical isolation and the services covered by the contract) as well as whether the new service leads to an improvement in the quality of services or cost efficiency, or both, compared to the previously awarded public service contract.

Reason

Public services like transportation should not only be judged on economic terms but in a wider sense that includes not only economically quantifiable criteria but also questions of quality, safety and territorial and social cohesion. The Committee of the Regions should use this report to provide guidance on certain aspects that need to be assessed.

Amendment 3

Recital (6)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| In order to ensure fair competition in the market, operators of regular services should be provided with access rights to terminals in the Union on fair, equitable, non-discriminatory and transparent terms. Appeals against decisions rejecting or limiting access should be lodged with the regulatory body. | In order to ensure fair competition in the market, operators of regular services should be provided with access rights to
  publicly-owned
  terminals in the Union on fair, equitable, non-discriminatory and transparent terms. Nevertheless, territorial equilibrium and social cohesion must not be compromised thereby Public Service Operators should have priority access to guarantee the obligations established in the public service contract with the competent authorities. Appeals against decisions rejecting or limiting access should be lodged with the regulatory body. |

Text proposed by the Commission

CoR amendment

In order to ensure fair competition in the market, operators of regular services should be provided with access rights to terminals in the Union on fair, equitable, non-discriminatory and transparent terms. Appeals against decisions rejecting or limiting access should be lodged with the regulatory body.

In order to ensure fair competition in the market, operators of regular services should be provided with access rights to
  publicly-owned
  terminals in the Union on fair, equitable, non-discriminatory and transparent terms. Nevertheless, territorial equilibrium and social cohesion must not be compromised thereby Public Service Operators should have priority access to guarantee the obligations established in the public service contract with the competent authorities. Appeals against decisions rejecting or limiting access should be lodged with the regulatory body.

Reason

Access to terminals should be prioritised for Public Service Operators which must comply with obligations (frequencies, timetables, connections, services) established in their public service contracts with competent authorities.

Amendment 4

Recital (8)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Authorisation for both national and international regular services should be subject to an authorisation procedure. Authorisation should be granted, unless there are specific grounds for refusal attributable to the applicant, or the service would compromise the economic equilibrium of a public service contract. A distance threshold should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts. In the case of routes already served by more than one public service contract, it should be possible to increase that threshold. | Authorisation for both national and international regular services should be subject to an authorisation procedure. Authorisation should be granted, unless there are specific grounds for refusal attributable to the applicant, or the service would compromise the equilibrium of a public service contract. The equilibrium of a public service contract should take into account its economic viability but also the services offered to citizens in terms of connections, intermodal journey planning, quality, efficiency, suitability to the demand, safety and security. The provision of services should also comply with environmental and social standards. |

Text proposed by the Commission

CoR amendment

Authorisation for both national and international regular services should be subject to an authorisation procedure. Authorisation should be granted, unless there are specific grounds for refusal attributable to the applicant, or the service would compromise the economic equilibrium of a public service contract. A distance threshold should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts. In the case of routes already served by more than one public service contract, it should be possible to increase that threshold.

Authorisation for both national and international regular services should be subject to an authorisation procedure. Authorisation should be granted, unless there are specific grounds for refusal attributable to the applicant, or the service would compromise the equilibrium of a public service contract. The equilibrium of a public service contract should take into account its economic viability but also the services offered to citizens in terms of connections, intermodal journey planning, quality, efficiency, suitability to the demand, safety and security. The provision of services should also comply with environmental and social standards.

Reason

Public services like transportation should not only be judged on economic terms but in a wider sense that includes not only economically quantifiable criteria but also questions of quality, safety and territorial and social cohesion. The ‘equilibrium’ of a public service contract should take into account its own economic viability but also the quality of service offered to citizens. Compliance with the same environmental and social standards is a prerequisite of fair competition.

Amendment 5

Recital (13)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Insofar as this Regulation harmonises the rules in national markets for regular coach and bus services and access to terminals, its objectives, namely the promotion of inter-urban mobility and the increase of the modal share of sustainable passenger transport modes, cannot be sufficiently achieved by the Member States. Therefore, the Union may adopt measures, in line 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 Regulation does not go beyond what is necessary to achieve the objectives pursued. | |

Text proposed by the Commission

CoR amendment

Insofar as this Regulation harmonises the rules in national markets for regular coach and bus services and access to terminals, its objectives, namely the promotion of inter-urban mobility and the increase of the modal share of sustainable passenger transport modes, cannot be sufficiently achieved by the Member States. Therefore, the Union may adopt measures, in line 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 Regulation does not go beyond what is necessary to achieve the objectives pursued.

Reason

The questions of access to local terminals and regional public transport markets are closely linked to subsidiarity.

Amendment 6

Article 1, Point (2)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Article 2 is amended as follows: | Article 2 is amended as follows: |
| (...) | (...) |
| (c) | the following points 9 to 11 are added:






  “9. | ‘terminal’ means any facility with a minimum area of 600m2, which provides a parking place that is used by coaches and buses for the setting down or picking up of passengers; |

Text proposed by the Commission

CoR amendment

Article 2 is amended as follows:

Article 2 is amended as follows:

(...)

(...)

(c)

the following points 9 to 11 are added:

“9.

‘terminal’ means any facility with a minimum area of 600m2, which provides a parking place that is used by coaches and buses for the setting down or picking up of passengers;

| (c) | the following points 9 to 11 are added:






  “9. | Subject to the definitions and requirements laid down in national legislation,‘terminal’ means any publicly-owned facility which provides a parking place that is used by coaches and buses for the setting down or picking up of passengers; |
| --- | --- | --- |

(c)

the following points 9 to 11 are added:

“9.

Subject to the definitions and requirements laid down in national legislation,‘terminal’ means any publicly-owned facility which provides a parking place that is used by coaches and buses for the setting down or picking up of passengers;

(...)

(...)

Reason

Member States should have a margin of appreciation. The reference to a minimum area of 600 m2 should be deleted not to undermine terminals in small cities and rural areas with lower areas but whose function is essential to connect them with the main cities.

Amendment 7

Article 1, point (3)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| the following Article 3a is inserted before Chapter II: | the following Article 3a is inserted before Chapter II: |
| “Article 3a

  Regulatory body | “Article 3a

  Regulatory body |
| 1.   Each Member State shall designate a single national regulatory body for the road passenger transport sector. That body shall be an impartial authority which is, in organisational, functional, hierarchical and decision making terms, legally distinct and independent from any other public or private entity. It shall be independent from any competent authority involved in the award of a public service contract. | 1.   Subject to their domestic services market organisation, each Member State shall designate a single national regulatory body for the road passenger transport sector. That body shall be either a competent transport authority or an impartial authority which is, in organisational, functional, hierarchical and decision making terms, legally distinct and independent from any other public or private entity. In the second case, it shall be independent from any competent authority involved in the award of a public service contract. |
| The regulatory body may be responsible for other regulated sectors. | The regulatory body may be responsible for other regulated sectors. |

Text proposed by the Commission

CoR amendment

the following Article 3a is inserted before Chapter II:

the following Article 3a is inserted before Chapter II:

“Article 3a

Regulatory body

“Article 3a

Regulatory body

1.   Each Member State shall designate a single national regulatory body for the road passenger transport sector. That body shall be an impartial authority which is, in organisational, functional, hierarchical and decision making terms, legally distinct and independent from any other public or private entity. It shall be independent from any competent authority involved in the award of a public service contract.

1.   Subject to their domestic services market organisation, each Member State shall designate a single national regulatory body for the road passenger transport sector. That body shall be either a competent transport authority or an impartial authority which is, in organisational, functional, hierarchical and decision making terms, legally distinct and independent from any other public or private entity. In the second case, it shall be independent from any competent authority involved in the award of a public service contract.

The regulatory body may be responsible for other regulated sectors.

The regulatory body may be responsible for other regulated sectors.

Reason

Reason

New commercial services should not undermine the fulfilment of a SGEI’s mission and public service obligations. Member States should have flexibility to choose between an independent regulatory body or a competent transport authority that knows the socio-economic needs of users.

Amendment 8

Amendment 8

Article 1, point (3)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| the following Article 3a is inserted before Chapter II: | the following Article 3a is inserted before Chapter II: |
| “Article 3a
  Regulatory body
  (...) | “Article 3a
  Regulatory body
  (...) |
| 3.   The regulatory body shall perform the following tasks: | 3.   The regulatory body shall perform the following tasks: |
| (a) | carry out
  economic
  analyses of whether a proposed new service would compromise the
  economic
  equilibrium of a public service contract; |

Text proposed by the Commission

CoR amendment

the following Article 3a is inserted before Chapter II:

the following Article 3a is inserted before Chapter II:

“Article 3a

Regulatory body

(...)

“Article 3a

Regulatory body

(...)

3.   The regulatory body shall perform the following tasks:

3.   The regulatory body shall perform the following tasks:

(a)

carry out
  economic
  analyses of whether a proposed new service would compromise the
  economic
  equilibrium of a public service contract;

economic

economic

| (a) | carry out analyses of whether a proposed new service would compromise the equilibrium of a public service contract
  and would negatively impact on the quality of service provided to citizens taking into account i.a. questions of available connections, frequency, fares, intermodal journey planning or safety, as well as compliance with environmental and social standards in the provision of services;
  ; |
| --- | --- |

(a)

carry out analyses of whether a proposed new service would compromise the equilibrium of a public service contract
  and would negatively impact on the quality of service provided to citizens taking into account i.a. questions of available connections, frequency, fares, intermodal journey planning or safety, as well as compliance with environmental and social standards in the provision of services;
  ;

and would negatively impact on the quality of service provided to citizens taking into account i.a. questions of available connections, frequency, fares, intermodal journey planning or safety, as well as compliance with environmental and social standards in the provision of services;

| (b) | collect and provide information on access to terminals; and |
| --- | --- |

(b)

collect and provide information on access to terminals; and

| (b) | collect and provide information on access to terminals; and |
| --- | --- |

(b)

collect and provide information on access to terminals; and

| (c) | decide on appeals against decisions of terminal operators. |
| --- | --- |

(c)

decide on appeals against decisions of terminal operators.

| (c) | decide on appeals against decisions of terminal operators. |
| --- | --- |

(c)

decide on appeals against decisions of terminal operators.

Reason

Reason

Compliance with the same environmental and social standards is a prerequisite of fair competition.

Amendment 9

Amendment 9

Article 1, point (3)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| the following Article 3a is inserted before Chapter II: | the following Article 3a is inserted before Chapter II: |
| “Article 3a
  Regulatory body
  (...) | “Article 3a
  Regulatory body
  (...) |
| 3.   The regulatory body shall perform the following tasks: | 3.   The regulatory body shall perform the following tasks: |
| (...) | (...) |
| (b) | collect and provide information on access to terminals; and |

Text proposed by the Commission

CoR amendment

the following Article 3a is inserted before Chapter II:

the following Article 3a is inserted before Chapter II:

“Article 3a

Regulatory body

(...)

“Article 3a

Regulatory body

(...)

3.   The regulatory body shall perform the following tasks:

3.   The regulatory body shall perform the following tasks:

(...)

(...)

(b)

collect and provide information on access to terminals; and

| (b) | collect and provide information on access to terminals with an aim to ensure that access to the relevant terminals for service operators is granted under fair, equitable, non-discriminatory and transparent conditions; and |
| --- | --- |

(b)

collect and provide information on access to terminals with an aim to ensure that access to the relevant terminals for service operators is granted under fair, equitable, non-discriminatory and transparent conditions; and

access to terminals with an aim to ensure that

the relevant

for service operators is granted under fair, equitable, non-discriminatory and transparent conditions

| (c) | decide on appeals against decisions of terminal operators. |
| --- | --- |

(c)

decide on appeals against decisions of terminal operators.

| (c) | decide on appeals against decisions of terminal operators. |
| --- | --- |

(c)

decide on appeals against decisions of terminal operators.

Reason

Reason

Buses and coaches are one of the most accessible and most important modes of transport in the EU. It is therefore vital that passengers receive the best service possible and to that end fair and healthy competition is the best way to achieve that.

Amendment 10

Amendment 10

Article 1, point (6)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| the following Article 5a is inserted: | the following Article 5a is inserted: |
| “Article 5a
  Access to terminals
  (...) | “Article 5a
  Access to terminals
  (...) |
| 2.   Terminal operators shall endeavour to accommodate all requests for access in order to ensure optimum use of terminals. | 2.   Terminal operators shall endeavour to accommodate all requests for access in order to ensure optimum use of terminals and respect for public service obligations. |
| Requests for access may be refused only on the grounds of lack of capacity. | Requests for access may be refused on the grounds of lack of capacity or if the request would deteriorate the services available to the citizen in terms of access to connections, limiting connections, compromising safety and security or overall quality of services offered, or if necessary environmental standards are not met; if such decision is taken by a terminal operator, it shall also communicate it to the regulatory authority. |
| Where a terminal operator refuses a request for access, it shall indicate any viable alternatives. | |

Text proposed by the Commission

CoR amendment

the following Article 5a is inserted:

the following Article 5a is inserted:

“Article 5a

Access to terminals

(...)

“Article 5a

Access to terminals

(...)

2.   Terminal operators shall endeavour to accommodate all requests for access in order to ensure optimum use of terminals.

2.   Terminal operators shall endeavour to accommodate all requests for access in order to ensure optimum use of terminals and respect for public service obligations.

Requests for access may be refused only on the grounds of lack of capacity.

only

Requests for access may be refused on the grounds of lack of capacity or if the request would deteriorate the services available to the citizen in terms of access to connections, limiting connections, compromising safety and security or overall quality of services offered, or if necessary environmental standards are not met; if such decision is taken by a terminal operator, it shall also communicate it to the regulatory authority.

or if the request would deteriorate the services available to the citizen in terms of access to connections, limiting connections, compromising safety and security or overall quality of services offered, or if necessary environmental standards are not met

if such decision is taken by a terminal operator, it shall also communicate it to the regulatory authority

Where a terminal operator refuses a request for access, it shall indicate any viable alternatives.

Where a terminal operator refuses a request for access, it shall indicate any viable alternatives.

Reason

Reason

It is not the task of the terminal operator to conduct research of viable alternatives. Additionally, access to terminals should be linked to questions of quality of services to consumers and their safety and security. Plus, the right of access to terminals should not undermine the fulfilment of the public objectives, mission and public service obligations of a service of general economic interest (SGEI).

Especially in urban areas with particulate pollution, a restriction based on environmental standards may be required.

Amendment 11

Amendment 11

Article 1, point (9)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Article 8 is replaced by the following: | Article 8 is replaced by the following: |
| “Article 8
  Authorisation procedure for the international carriage of passengers over a distance of less than 100 kilometres as the crow flies | “Article 8
  Authorisation procedure for the international carriage of passengers |
| 1.   Authorisations shall be issued in agreement with the competent authorities of all the Member States in whose territories passengers are picked up or set down and are carried over distances of less than 100 kilometres as the crow flies. The authorising authority shall send a copy of the application, together with copies of any other relevant documentation, within two weeks of receipt of the application to such competent authorities with a request for their agreement. At the same time, the authorising authority shall forward those documents to the competent authorities of other Member States whose territories are crossed, for information. | 1.   Authorisations shall be issued in agreement with the competent authorities of all the Member States in whose territories passengers are picked up or set down. The authorising authority shall send a copy of the application, together with copies of any other relevant documentation, within two weeks of receipt of the application to such competent authorities with a request for their agreement. At the same time, the authorising authority shall forward those documents to the competent authorities of other Member States whose territories are crossed, for information. |
| (...) | (...) |

Text proposed by the Commission

CoR amendment

Article 8 is replaced by the following:

Article 8 is replaced by the following:

“Article 8

Authorisation procedure for the international carriage of passengers over a distance of less than 100 kilometres as the crow flies

over a distance of less than 100 kilometres as the crow flies

“Article 8

Authorisation procedure for the international carriage of passengers

1.   Authorisations shall be issued in agreement with the competent authorities of all the Member States in whose territories passengers are picked up or set down and are carried over distances of less than 100 kilometres as the crow flies. The authorising authority shall send a copy of the application, together with copies of any other relevant documentation, within two weeks of receipt of the application to such competent authorities with a request for their agreement. At the same time, the authorising authority shall forward those documents to the competent authorities of other Member States whose territories are crossed, for information.

1.   Authorisations shall be issued in agreement with the competent authorities of all the Member States in whose territories passengers are picked up or set down. The authorising authority shall send a copy of the application, together with copies of any other relevant documentation, within two weeks of receipt of the application to such competent authorities with a request for their agreement. At the same time, the authorising authority shall forward those documents to the competent authorities of other Member States whose territories are crossed, for information.

(...)

(...)

Reason

Reason

Decision whether or not to accept transport services should not depend on the distance (100km as the crow flies) but rather on the impact the additional service would have on the existing service offered to citizens (be it a service of general public interest or commercial service). In addition, the regional differences (e.g. in terms of distance between cities and economic centres) cannot be generally measured for the whole of the EU.

Amendment 12

Amendment 12

Article 1, point (10)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| the following Articles 8a to 8d are inserted: | the following Articles 8a to 8
  b
  are inserted: |
| “Article 8a

  Authorisation procedure for the international carriage of passengers over a distance of 100 kilometres or more as the crow flies | “Article 8a
  Decisions of authorising authorities |
| 1.   The authorising authority shall take a decision on the application within two months of the date of submission of the application by the carrier. | 1.   Following the procedure laid down in Article 8, the authorising authority shall grant the authorisation, grant the authorisation with limitations or reject the application. The authorising authority shall inform all the competent authorities referred to in Article 8(1) of its decision. |
| 2.   Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (c) of Article 8c(2). | 2.   Decisions rejecting an application or granting authorisation with limitations shall state the reasons on which they are based.
  Authorisation shall be granted unless rejection can be justified on one or more of the following grounds: |
| | (a) | (...)
  (...) |

Text proposed by the Commission

CoR amendment

the following Articles 8a to 8d are inserted:

d

the following Articles 8a to 8
  b
  are inserted:

b

“Article 8a

Authorisation procedure for the international carriage of passengers over a distance of 100 kilometres or more as the crow flies

Authorisation procedure for the international carriage of passengers over a distance of 100 kilometres or more as the crow flies

“Article 8a

Decisions of authorising authorities

1.   The authorising authority shall take a decision on the application within two months of the date of submission of the application by the carrier.

1.   Following the procedure laid down in Article 8, the authorising authority shall grant the authorisation, grant the authorisation with limitations or reject the application. The authorising authority shall inform all the competent authorities referred to in Article 8(1) of its decision.

2.   Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (c) of Article 8c(2).

2.   Decisions rejecting an application or granting authorisation with limitations shall state the reasons on which they are based.

Authorisation shall be granted unless rejection can be justified on one or more of the following grounds:

(a)

(...)

(...)

| (d) | a regulatory body establishes on the basis of an objective analysis that the service would compromise the equilibrium of a public service contract.
  Authorising authorities shall not reject an application solely on the grounds that the carrier offers lower prices than those offered by other road carriers or the fact that the link in question is already operated by other road carriers and if it can technically be demonstrated that these lower prices guarantee the provision of the service for the duration of the contract.

  (...) |
| --- | --- |

(d)

a regulatory body establishes on the basis of an objective analysis that the service would compromise the equilibrium of a public service contract.

Authorising authorities shall not reject an application solely on the grounds that the carrier offers lower prices than those offered by other road carriers or the fact that the link in question is already operated by other road carriers and if it can technically be demonstrated that these lower prices guarantee the provision of the service for the duration of the contract.

and if it can technically be demonstrated that these lower prices guarantee the provision of the service for the duration of the contract.

(...)

3.   The authorising authority shall forward to the competent authorities of all Member States in whose territories passengers are picked up or set down, as well as to the competent authorities of Member States whose territories are crossed without passengers being picked up or set down, a copy of the application, together with copies of any other relevant documentation, and its assessment, for information.

Article 8b

Article 8b

Authorisation procedure for national regular services

Authorisation procedure for national regular services

Article 8b

b

Limitation of the right of access

1.   The authorising authority shall take a decision on the application within two months of the date of submission of the application by the carrier. This may be extended to four months where an analysis is requested in accordance with Article 8c(2)(d).

1.   Member States may limit the right of access to the international and national market for regular services if the service would compromise the equilibrium of a public service contract or in the case of service providers that have been penalised by the competent authorities for engaging in practices that run counter to the guarantees of the service.

2.   Authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (c) of Article 8c(2) and, if the service is carrying passengers over a distance of less than 100 kilometres as the crow flies, Article 8c(2)(d).

2.   The competent authorities that awarded a public service contract or the public service operators performing the public service contract may request the regulatory body to carry out an analysis of whether the equilibrium of the public service contract would be compromised.

The regulatory body shall examine the request and decide whether to carry out the analysis. It shall inform the interested parties of its decision.

3.   The distance referred to in paragraph 2 may be increased to 120 kilometres if the regular service to be introduced will serve a point of departure and a destination which are already served by more than one public service contract.

3.   Where the regulatory body carries out an analysis, it shall inform all interested parties of the results of that analysis and its conclusions within six weeks following receipt of all relevant information. The regulatory body may conclude that the authorisation is to be granted, is to be granted subject to conditions or is to be rejected.

The conclusions of the regulatory body shall be binding on the authorising authorities.

(...)

Article 8c

Article 8c

Decisions of authorising authorities

1.   Following the procedure laid down in Articles 8, 8a or 8b, the authorising authority shall grant the authorisation, grant the authorisation with limitations or reject the application. The authorising authority shall inform all the competent authorities referred to in Article 8(1) of its decision.

2.   Decisions rejecting an application or granting authorisation with limitations shall state the reasons on which they are based.

Authorisation shall be granted unless rejection can be justified on one or more of the following grounds:

| (a) | (...) |
| --- | --- |

(a)

(...)

(...)

| (d) | a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract.
  Authorising authorities shall not reject an application solely on the grounds that the carrier offers lower prices than those offered by other road carriers or the fact that the link in question is already operated by other road carriers. |
| --- | --- |

(d)

a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract.

economic

economic

Authorising authorities shall not reject an application solely on the grounds that the carrier offers lower prices than those offered by other road carriers or the fact that the link in question is already operated by other road carriers.

(...)

Article 8d

d

Limitation of the right of access

1.   Member States may limit the right of access to the international and national market for regular services if the proposed regular service carries passengers over distances of less than 100 kilometres as the crow flies and if the service would compromise the economic equilibrium of a public service contract.

2.   The competent authorities that awarded a public service contract or the public service operators performing the public service contract may request the regulatory body to carry out an analysis of whether the economic equilibrium of the public service contract would be compromised. The regulatory body shall examine the request and decide whether to carry out the economic analysis. It shall inform the interested parties of its decision.

3.   Where the regulatory body carries out an economic analysis, it shall inform all interested parties of the results of that analysis and its conclusions within six weeks following receipt of all relevant information. The regulatory body may conclude that the authorisation is to be granted, is to be granted subject to conditions or is to be rejected.

The conclusions of the regulatory body shall be binding on the authorising authorities.

(...)

Reason

Reason

Decision whether or not to accept transport services should not depend on the distance (100km as the crow flies) but rather on the impact the additional service would have on the existing service offered to citizens (be it a service of general public interest or commercial service). In addition, the regional differences (e.g. in terms of distance between cities and economic centres) cannot be generally measured for the whole of the EU.

Article 8a: services offered at lower prices should not be immediately rejected if the viability of the service is guaranteed for the entire duration of the contract. Article 8b: a restriction should be introduced for service providers who have been penalised.

Amendment 13

Amendment 13

Article 1, point (14)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Article 13 is deleted; | |

Text proposed by the Commission

CoR amendment

Article 13 is deleted;

Article 13 is deleted;

Reason

Reason

Reintroduction of the relevant article is necessary to ensure that local excursions are considered as one single international transport service instead of as cabotage operations.

Proposal for a Directive of the European Parliament and of the Council amending Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States

Proposal for a Directive of the European Parliament and of the Council amending Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States

COM(2017) 648 — final

COM(2017) 648 — final

Amendment 14

Amendment 14

Recital 13

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| (13) | (...)
  There should be on average at least one suitable transhipment terminal for combined transport located no further than 150 km from any shipment location in the Union. |

Text proposed by the Commission

CoR amendment

(13)

(...)

There should be on average at least one suitable transhipment terminal for combined transport located no further than 150 km from any shipment location in the Union.

| (13) | (...)
  There should be on average at least one suitable transhipment terminal for combined transport located no further than 150 km from any shipment location in the Union except in peripheral and outermost regions where geographical limitations make this either impossible or would make infrastructure investments cost excessive in relation to the Directive’s objective of promoting a shift of freight transport from road to more environmentally friendly modes of transport. |
| --- | --- |

(13)

(...)

There should be on average at least one suitable transhipment terminal for combined transport located no further than 150 km from any shipment location in the Union except in peripheral and outermost regions where geographical limitations make this either impossible or would make infrastructure investments cost excessive in relation to the Directive’s objective of promoting a shift of freight transport from road to more environmentally friendly modes of transport.

except in peripheral and outermost regions where geographical limitations make this either impossible or would make infrastructure investments cost excessive in relation to the Directive’s objective of promoting a shift of freight transport from road to more environmentally friendly modes of transport

Reason

Reason

This requirement could be problematic for peripheral regions (areas with low population density and sparse rail and harbour networks) and could lead to terminals constructed where there is no economic need for such terminals.

Amendment 15

Amendment 15

Article 1, point (5)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| (5) | In Article 6 the following paragraphs 4, 5, 6, 7 and 8 are added: |

Text proposed by the Commission

CoR amendment

(5)

In Article 6 the following paragraphs 4, 5, 6, 7 and 8 are added:

| (5) | In Article 6 the following paragraphs 4, 5, 6, 7 and 8 are added: |
| --- | --- |

(5)

In Article 6 the following paragraphs 4, 5, 6, 7 and 8 are added:

"4.   Where necessary for the achievement of the aim referred to in paragraph 9, Member States shall take the necessary measures to support investment in transhipment terminals as regards:

"4.   Where necessary for the achievement of the aim referred to in paragraph 9, Member States shall take the necessary measures to support investment in transhipment terminals as regards:

| (a) | the construction and, where necessary, the expansion of combined transport such transhipment terminals; |
| --- | --- |

(a)

the construction and, where necessary, the expansion of combined transport such transhipment terminals;

| (a) | the construction and, where necessary, the expansion of combined transport such transhipment terminals; |
| --- | --- |

(a)

the construction and, where necessary, the expansion of combined transport such transhipment terminals;

| (b) | the increase of operational efficiency in existing terminals. |
| --- | --- |

(b)

the increase of operational efficiency in existing terminals.

| (b) | the increase of operational efficiency in existing terminals. |
| --- | --- |

(b)

the increase of operational efficiency in existing terminals.

Member States shall coordinate with neighbouring Member States and with the Commission and ensure that, when such measures are implemented, priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the Union, and notably on the TEN-T Core and Comprehensive networks, allowing that any location in the Union is not situated at a distance farther than 150 km from such terminal.

Member States shall coordinate with neighbouring Member States and with the Commission and ensure that, when such measures are implemented, priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the Union, and notably on the TEN-T Core and Comprehensive networks, allowing that any location in the Union is not situated at a distance farther than 150 km from such terminal except in peripheral and outermost regions where geographical limitations make this either impossible or would make infrastructure investments cost excessive in relation to the Directive’s objective of promoting a shift of freight transport from road to more environmentally friendly modes of transport.

except in peripheral and outermost regions where geographical limitations make this either impossible or would make infrastructure investments cost excessive in relation to the Directive’s objective of promoting a shift of freight transport from road to more environmentally friendly modes of transport

Reason

Reason

See amendment 12

Proposal for a Directive of the European Parliament and of the Council amending Directive 2009/33/EU on the promotion of clean and energy-efficient road transport vehicles

Proposal for a Directive of the European Parliament and of the Council amending Directive 2009/33/EU on the promotion of clean and energy-efficient road transport vehicles

COM (2017) 653 — final

COM (2017) 653 — final

Amendment 16

Amendment 16

Add new recital after recital (16)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| | The potential of reducing emissions via public procurement alone is limited and public transport only contributes a small share of the emissions originating from the transport sector. Member States should therefore be encouraged to regulate the purchase of clean vehicles by other fleet owners, such as taxi, car rental and ride-pooling companies. |

Text proposed by the Commission

CoR amendment

The potential of reducing emissions via public procurement alone is limited and public transport only contributes a small share of the emissions originating from the transport sector. Member States should therefore be encouraged to regulate the purchase of clean vehicles by other fleet owners, such as taxi, car rental and ride-pooling companies.

The potential of reducing emissions via public procurement alone is limited and public transport only contributes a small share of the emissions originating from the transport sector. Member States should therefore be encouraged to regulate the purchase of clean vehicles by other fleet owners, such as taxi, car rental and ride-pooling companies.

Reason

Reason

Only a small share (8 % of the transport emissions) stem from public transport; yet, the directive proposal mainly targets public transport vehicles. In order to balance this out and reach the objective of reducing emissions, other large fleets should be included in the directive.

Amendment 17

Amendment 17

Add new recital after recital (19)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| | The coherence with previous Union legislation in the field of vehicles, renewable energy and alternative fuels, in particular Regulation 595/2009, Directive 2009/28/EC and Directive 2014/94/EU needs to be strengthened. |

Text proposed by the Commission

CoR amendment

The coherence with previous Union legislation in the field of vehicles, renewable energy and alternative fuels, in particular Regulation 595/2009, Directive 2009/28/EC and Directive 2014/94/EU needs to be strengthened.

The coherence with previous Union legislation in the field of vehicles, renewable energy and alternative fuels, in particular Regulation 595/2009, Directive 2009/28/EC and Directive 2014/94/EU needs to be strengthened.

Reason

Reason

EU legislation must be consistent, coherent and govern in the same direction.

Amendment 18

Amendment 18

Article 1, Point (2)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Article 3 is replaced by the following: | Article 3 is replaced by the following: |
| "Article 3
  Scope
  This Directive shall
  apply
  to contracts for the purchase, lease, rent or hire-purchase of road transport vehicles by: | "Article 3
  Scope
  This Directive shall
  not have a retroactive effect on existing contracts but are only applied
  to
  new
  contracts for the purchase, lease, rent or hire-purchase of road transport vehicles by: |

Text proposed by the Commission

CoR amendment

Article 3 is replaced by the following:

Article 3 is replaced by the following:

"Article 3

Scope

This Directive shall
  apply
  to contracts for the purchase, lease, rent or hire-purchase of road transport vehicles by:

"Article 3

Scope

This Directive shall
  not have a retroactive effect on existing contracts but are only applied
  to
  new
  contracts for the purchase, lease, rent or hire-purchase of road transport vehicles by:

Reason

Reason

On-going contracts need to be protected and cannot be affected by new legislation.

Amendment 19

Amendment 19

Article 1, Point (2)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Article 3 is replaced by the following: | Article 3 is replaced by the following: |
| "Article 3
  Scope | ‘Article 3
  Scope |
| This Directive shall apply to contracts for the purchase, lease, rent or hire-purchase of road transport vehicles by: | This Directive shall apply to contracts for the purchase, lease, rent or hire-purchase of road transport vehicles by: |
| (...) | (...) |
| | (d) | other fleet owners, such as taxis, car-sharing and ride-pooling companies if a Member State decides to set up mechanisms to regulate the purchase of clean vehicles for such fleet owners.’ |

Text proposed by the Commission

CoR amendment

Article 3 is replaced by the following:

Article 3 is replaced by the following:

"Article 3

Scope

‘Article 3

Scope

This Directive shall apply to contracts for the purchase, lease, rent or hire-purchase of road transport vehicles by:

This Directive shall apply to contracts for the purchase, lease, rent or hire-purchase of road transport vehicles by:

(...)

(...)

(d)

(d)

other fleet owners, such as taxis, car-sharing and ride-pooling companies if a Member State decides to set up mechanisms to regulate the purchase of clean vehicles for such fleet owners.’

other fleet owners, such as taxis, car-sharing and ride-pooling companies if a Member State decides to set up mechanisms to regulate the purchase of clean vehicles for such fleet owners.’

Reason

Reason

Only a small share (8 % of the transport emissions) stem from public transport; yet, the directive proposal mainly targets public transport vehicles. In order to balance this out and reach the objective of reducing emissions, other large fleets should be included in the directive.

Amendment 20

Amendment 20

Annex

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Table 5: Minimum target for the share of heavy-duty vehicles in accordance with table 3 in the total public procurement of heavy-duty vehicles at Member State level*












  Member State | Trucks | Buses |
| | 2025 | 2030 | 2025 | 2030 |

Text proposed by the Commission

CoR amendment

Table 5: Minimum target for the share of heavy-duty vehicles in accordance with table 3 in the total public procurement of heavy-duty vehicles at Member State level*

Table 5: Minimum target for the share of heavy-duty vehicles in accordance with table 3 in the total public procurement of heavy-duty vehicles at Member State level*

Member State

Trucks

Buses

2025

2030

2025

2030

Table 5: Minimum target for the share of heavy-duty vehicles in accordance with table 3 in the total public procurement of heavy-duty vehicles at Member State level*

Table 5: Minimum target for the share of heavy-duty vehicles in accordance with table 3 in the total public procurement of heavy-duty vehicles at Member State level*

Member State

| Member State | Trucks | Buses |
| --- | --- | --- |
| | (XXXX (**)-2025) | (2026 – 2030) | (XXXX (**)-2025) | (2026 – 2030) |

Trucks

Buses

(XXXX (**)-2025)

(XXXX (**

)

(2026 – 2030)

(2026 –

)

(XXXX (**)-2025)

(XXXX (**

)

(2026 – 2030)

(2026 –

)

Reason

Reason

The target should be an average for new contracts over a period of years to allow flexibility for varying objects of procurement from year to year (city traffic, countryside traffic, etc.). (XXXX) should be the date 24 months following the date of entry into force in accordance with Article 2.

II.   POLICY RECOMMENDATIONS

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

Key messages

Key messages

| 1. | endorses the Commission's aim of strengthening Europe's ability to confront the challenge of climate change and improve the quality of life of its citizens, while at the same time maintaining and extending the competitive edge of our industries in creating jobs, generating sustainable economic growth and driving innovation in renewable energy technologies; supports the Commission's goal of becoming the world leader in innovation, digitisation and decarbonisation and sees the transition to a low-carbon economy as both an opportunity and a challenge for EU industry; |
| --- | --- |

1.

endorses the Commission's aim of strengthening Europe's ability to confront the challenge of climate change and improve the quality of life of its citizens, while at the same time maintaining and extending the competitive edge of our industries in creating jobs, generating sustainable economic growth and driving innovation in renewable energy technologies; supports the Commission's goal of becoming the world leader in innovation, digitisation and decarbonisation and sees the transition to a low-carbon economy as both an opportunity and a challenge for EU industry;

| 2. | underlines the importance of efficient, effective and sustainable transport systems for the economic competitiveness of cities and regions, as well as for the European Union's social, economic and territorial cohesion; |
| --- | --- |

2.

underlines the importance of efficient, effective and sustainable transport systems for the economic competitiveness of cities and regions, as well as for the European Union's social, economic and territorial cohesion;

| 3. | points out that mobility and transport are often a competence of local and regional authorities, who are in charge of designing and implementing mobility policies and of providing public transport in their area, although decisions to be taken at local level often relate to a framework set by national and EU policy; |
| --- | --- |

3.

points out that mobility and transport are often a competence of local and regional authorities, who are in charge of designing and implementing mobility policies and of providing public transport in their area, although decisions to be taken at local level often relate to a framework set by national and EU policy;

| 4. | recognises that transport is responsible for almost a fifth of total greenhouse gas (GHG) emissions in Europe. It is the only sector in which GHG levels have not fallen compared with 1990 levels. Action is urgently needed to decarbonise the transport sector, although it should also be stressed that only a small proportion of the emissions are due to local public transport; |
| --- | --- |

4.

recognises that transport is responsible for almost a fifth of total greenhouse gas (GHG) emissions in Europe. It is the only sector in which GHG levels have not fallen compared with 1990 levels. Action is urgently needed to decarbonise the transport sector, although it should also be stressed that only a small proportion of the emissions are due to local public transport;

| 5. | points out that the move towards low and zero emission of particulate matter and NOx benefits the lives of Europe's citizens, especially in cities, where dense, highly polluting urban traffic worsens people's lives and health; |
| --- | --- |

5.

points out that the move towards low and zero emission of particulate matter and NOx benefits the lives of Europe's citizens, especially in cities, where dense, highly polluting urban traffic worsens people's lives and health;

| 6. | points out that local public transport already constitutes an important measure towards decarbonisation and the promotion of e-mobility in cities. Many cities have well developed rail-based e-mobility in the form of metros, trams and trolleybuses. It is important to also take these measures — as well as a city or region's entire vehicle fleet — into account in the context of public procurement of clean road transport vehicles. Mentioning buses alone does not go far enough; |
| --- | --- |

6.

points out that local public transport already constitutes an important measure towards decarbonisation and the promotion of e-mobility in cities. Many cities have well developed rail-based e-mobility in the form of metros, trams and trolleybuses. It is important to also take these measures — as well as a city or region's entire vehicle fleet — into account in the context of public procurement of clean road transport vehicles. Mentioning buses alone does not go far enough;

| 7. | underlines the fact that any change in the transport system in terms of fuels to be used must take into account regional differences in traffic density and the distance between cities and other centres of economic interest. Discrimination in the form of higher costs for remote, peripheral or outermost locations to access the European network will further adversely affect territorial and social cohesion; |
| --- | --- |

7.

underlines the fact that any change in the transport system in terms of fuels to be used must take into account regional differences in traffic density and the distance between cities and other centres of economic interest. Discrimination in the form of higher costs for remote, peripheral or outermost locations to access the European network will further adversely affect territorial and social cohesion;

| 8. | notes that, in connection with the greening of motor vehicle use, (cargo) cycling for short journeys (in line with ‘An EU Roadmap for Cycling’ (2017/C 088/10), as well as railway and green shipping, should be promoted. This requires a network of intermodal nodes, for which adequate funding should be available, for example through the EFSI. Fast e-bikes (speed pedelecs) are a good alternative to the car, particularly in urban areas, and may lead to lower emissions, while physical activity is also good for public health. The use of the e-bike can be stimulated by creating sufficient fast cycle paths and charging points and through incentives; |
| --- | --- |

8.

notes that, in connection with the greening of motor vehicle use, (cargo) cycling for short journeys (in line with ‘An EU Roadmap for Cycling’ (2017/C 088/10), as well as railway and green shipping, should be promoted. This requires a network of intermodal nodes, for which adequate funding should be available, for example through the EFSI. Fast e-bikes (speed pedelecs) are a good alternative to the car, particularly in urban areas, and may lead to lower emissions, while physical activity is also good for public health. The use of the e-bike can be stimulated by creating sufficient fast cycle paths and charging points and through incentives;

| 9. | spatial and urban planning can promote the use of clean forms of mobility. Clean mobility involves reducing NOx and particulate matter emissions at local level, and reducing CO2 emissions globally. In urban planning, accessibility on foot, bicycle and public transport must be promoted, and accessibility for cars should be carefully considered. To improve urban air quality, (shared) electric cars and buses may contribute to a shift towards lower particulate matter and NOx emission. This can be achieved by discouraging the use of polluting transport by closing off areas — for example, by setting up environmental zones — and at the same time by making the travel times for clean forms of mobility shorter than polluting ones; |
| --- | --- |

9.

spatial and urban planning can promote the use of clean forms of mobility. Clean mobility involves reducing NOx and particulate matter emissions at local level, and reducing CO2

| 10. | recognises that there needs to be an interoperable solution for the provision of alternative fuels. While the CoR acknowledges that the legislation and regulations for achieving low-emission mobility should be open to all kinds of technology, each local and regional authority could strive to attain economies of scale, possibly by cooperating with neighbouring and cross-border regions; |
| --- | --- |

10.

recognises that there needs to be an interoperable solution for the provision of alternative fuels. While the CoR acknowledges that the legislation and regulations for achieving low-emission mobility should be open to all kinds of technology, each local and regional authority could strive to attain economies of scale, possibly by cooperating with neighbouring and cross-border regions;

| 11. | welcomes the ambition of simplifying public procurement for clean vehicles, but struggles to see how the Commission's proposal, setting percentage-based targets per Member State for procuring clean vehicles, will be implemented in law and enforced. Local and regional authorities operate most forms of public transport in many Member States, and the State has no decision-making power over which vehicles local and regional authorities should buy, lease, hire or reach agreements on.
  As early adopters, local and regional authorities are key enablers of clean technology in transport. At the same time, it should be underlined that the infrastructure put in place for local public transport is usually not suitable for private cars and, therefore, that no immediate ‘spill-over’ effects can be expected. The financing of the transition towards clean transport. needs to be guaranteed. Not enough funding has been made available by the European Union to finance these ambitious measures in local public transport networks, which generally run at a loss. The Commission is therefore requested to propose additional financing options beyond the use of financial instruments, which are, as a rule, unhelpful due to negative prospects of a return on investment; |
| --- | --- |

11.

welcomes the ambition of simplifying public procurement for clean vehicles, but struggles to see how the Commission's proposal, setting percentage-based targets per Member State for procuring clean vehicles, will be implemented in law and enforced. Local and regional authorities operate most forms of public transport in many Member States, and the State has no decision-making power over which vehicles local and regional authorities should buy, lease, hire or reach agreements on.

As early adopters, local and regional authorities are key enablers of clean technology in transport. At the same time, it should be underlined that the infrastructure put in place for local public transport is usually not suitable for private cars and, therefore, that no immediate ‘spill-over’ effects can be expected. The financing of the transition towards clean transport. needs to be guaranteed. Not enough funding has been made available by the European Union to finance these ambitious measures in local public transport networks, which generally run at a loss. The Commission is therefore requested to propose additional financing options beyond the use of financial instruments, which are, as a rule, unhelpful due to negative prospects of a return on investment;

| 12. | draws attention to the ‘Platform for the Deployment of Clean Buses’, which the European Commission launched at the CoR plenary in July 2017 and which received considerable support from local and regional authorities. In connection with this, regions, cities, transport authorities and manufacturers signed up to common principles for public procurement of clean, alternatively fuelled buses in order to speed up their deployment; |
| --- | --- |

12.

draws attention to the ‘Platform for the Deployment of Clean Buses’, which the European Commission launched at the CoR plenary in July 2017 and which received considerable support from local and regional authorities. In connection with this, regions, cities, transport authorities and manufacturers signed up to common principles for public procurement of clean, alternatively fuelled buses in order to speed up their deployment;

| 13. | considers that the EU's governance measures to reduce the transport sector's climate impact should be based on climate benefits and sustainability from a lifecycle perspective and should also be technologically neutral; |
| --- | --- |

13.

considers that the EU's governance measures to reduce the transport sector's climate impact should be based on climate benefits and sustainability from a lifecycle perspective and should also be technologically neutral;

| 14. | believes that investment in low-emission public transport and public car fleets should be carried out in a way that encourages private and business cars owners to follow suit. This can be attained through synergies in the charging and hydrogen infrastructure. EU funds could be available to enable this; |
| --- | --- |

14.

believes that investment in low-emission public transport and public car fleets should be carried out in a way that encourages private and business cars owners to follow suit. This can be attained through synergies in the charging and hydrogen infrastructure. EU funds could be available to enable this;

| 15. | thinks that plans for low-emission mobility should go beyond end-of-pipe solutions and be aligned with increased production and distribution of green electricity and renewable fuels; |
| --- | --- |

15.

thinks that plans for low-emission mobility should go beyond end-of-pipe solutions and be aligned with increased production and distribution of green electricity and renewable fuels;

| 16. | notes that the development and production of batteries play a strategic role in the ongoing transition to clean mobility and clean energy systems. At the same time, there is no significant player in battery cells in Europe. The CoR therefore welcomes the European battery alliance, which helps European industries to become more independent and to increase the share along the electric vehicle production value chain. The CoR welcomes the European Commission's allocation of EUR 200 million directly to battery research and innovation under Horizon 2020, on top of the EUR 150 million already allocated; |
| --- | --- |

16.

notes that the development and production of batteries play a strategic role in the ongoing transition to clean mobility and clean energy systems. At the same time, there is no significant player in battery cells in Europe. The CoR therefore welcomes the European battery alliance, which helps European industries to become more independent and to increase the share along the electric vehicle production value chain. The CoR welcomes the European Commission's allocation of EUR 200 million directly to battery research and innovation under Horizon 2020, on top of the EUR 150 million already allocated;

| 17. | points out that a broad uptake of electric vehicles will considerably increase the electricity demand on electricity networks. A balance needs to be struck between the need for mobility and recharging by developing intelligent recharging cycles at times when networks are not constrained and sufficient electricity is being generated. It is essential to integrate the decarbonisation of transport and energy supply, smart grids and innovative energy storage solutions. To that end, local distribution system operators (DSOs), which are responsible for the development/management of the electricity grid, need to be actively involved; |
| --- | --- |

17.

points out that a broad uptake of electric vehicles will considerably increase the electricity demand on electricity networks. A balance needs to be struck between the need for mobility and recharging by developing intelligent recharging cycles at times when networks are not constrained and sufficient electricity is being generated. It is essential to integrate the decarbonisation of transport and energy supply, smart grids and innovative energy storage solutions. To that end, local distribution system operators (DSOs), which are responsible for the development/management of the electricity grid, need to be actively involved;

| 18. | notes that the infrastructure for recharging and refuelling should be rolled out in line with local conditions and that use should be made of synergies with LRA, public vehicles and urban cargo services. This needs to be aligned with development of smart grids and buildings with batteries. It should be accessible to private cars and bicycles. Refuelling should be easy to use and interoperable across borders. This requires European action in order to create a single market; |
| --- | --- |

18.

notes that the infrastructure for recharging and refuelling should be rolled out in line with local conditions and that use should be made of synergies with LRA, public vehicles and urban cargo services. This needs to be aligned with development of smart grids and buildings with batteries. It should be accessible to private cars and bicycles. Refuelling should be easy to use and interoperable across borders. This requires European action in order to create a single market;

| 19. | believes that simplifying and standardising applications and tenders makes it unnecessary to provide financial customisation and easier to get funding from European funds and private financiers — for example, using new financing methods such as blending of grants with loans; |
| --- | --- |

19.

believes that simplifying and standardising applications and tenders makes it unnecessary to provide financial customisation and easier to get funding from European funds and private financiers — for example, using new financing methods such as blending of grants with loans;

Delivering on low-emission mobility — A European Union that protects the planet, empowers its consumers and defends its industry and workers — COM(2017) 675

Delivering on low-emission mobility — A European Union that protects the planet, empowers its consumers and defends its industry and workers — COM(2017) 675

| 20. | welcomes the fact that the Commission is increasing financial support to leverage public and private investment for the roll-out of alternative fuels infrastructure, with up to EUR 800 million being made available for this purpose. The CoR regrets that the funding and financial resources are often not sufficiently accessible for some LRAs and other important parties. Blending of funding — such as access to loans, for example through and with EFSI — should be promoted. Access to funding should be standardised and enabled through the issue of bonds; |
| --- | --- |

20.

welcomes the fact that the Commission is increasing financial support to leverage public and private investment for the roll-out of alternative fuels infrastructure, with up to EUR 800 million being made available for this purpose. The CoR regrets that the funding and financial resources are often not sufficiently accessible for some LRAs and other important parties. Blending of funding — such as access to loans, for example through and with EFSI — should be promoted. Access to funding should be standardised and enabled through the issue of bonds;

| 21. | notes that areas that are particularly vulnerable to pollution must be able to levy taxes on polluting transport. The income from this can be used to adopt sustainability measures. In cities, toll charges or parking fees can be used to pay for sustainable mobility — for example by investing in public transport or park-and-ride facilities; |
| --- | --- |

21.

notes that areas that are particularly vulnerable to pollution must be able to levy taxes on polluting transport. The income from this can be used to adopt sustainability measures. In cities, toll charges or parking fees can be used to pay for sustainable mobility — for example by investing in public transport or park-and-ride facilities;

| 22. | recalls that the outermost regions suffer from traffic congestion in cities and along coastal strips, and difficult access to rural areas. However, these regions are developing projects to make transport cleaner and more sustainable, which can serve as examples of best practices for other regions of the EU and neighbouring countries; |
| --- | --- |

22.

recalls that the outermost regions suffer from traffic congestion in cities and along coastal strips, and difficult access to rural areas. However, these regions are developing projects to make transport cleaner and more sustainable, which can serve as examples of best practices for other regions of the EU and neighbouring countries;

Towards the broadest use of alternative fuels — an Action Plan on Alternative Fuels Infrastructure — non legislative document — COM(2017)652

Towards the broadest use of alternative fuels — an Action Plan on Alternative Fuels Infrastructure — non legislative document — COM(2017)652

| 23. | welcomes the Action Plan for alternative fuels infrastructure as an important step towards decarbonising the road transport system; regrets, however, that most of the National Policy Frameworks (NPF) submitted to the Commission were not ambitious enough to arrive at an adequate goal for a transition towards clean and alternative fuels; |
| --- | --- |

23.

welcomes the Action Plan for alternative fuels infrastructure as an important step towards decarbonising the road transport system; regrets, however, that most of the National Policy Frameworks (NPF) submitted to the Commission were not ambitious enough to arrive at an adequate goal for a transition towards clean and alternative fuels;

| 24. | points out that many European cities and regions are frontrunners in the transition to low- and zero-emission mobility. It is also in cities that alternative fuels will have the highest impact in terms of reducing air and noise pollution. Regrettably, the latter is not covered at all by the Action Plan. A significant proportion of public procurement is undertaken by municipal and local authorities. It is therefore obvious that the uptake of alternative fuel vehicles depends heavily on local and regional authorities, mainly in cities and urban regions. Cities and regions with problems of congestion, air quality and noise should prioritise the transition to zero-emission of particulate matter and NOx — as should areas of natural or cultural heritage. When these are cross-border areas and corridors, planning should be encouraged at this level; |
| --- | --- |

24.

points out that many European cities and regions are frontrunners in the transition to low- and zero-emission mobility. It is also in cities that alternative fuels will have the highest impact in terms of reducing air and noise pollution. Regrettably, the latter is not covered at all by the Action Plan. A significant proportion of public procurement is undertaken by municipal and local authorities. It is therefore obvious that the uptake of alternative fuel vehicles depends heavily on local and regional authorities, mainly in cities and urban regions. Cities and regions with problems of congestion, air quality and noise should prioritise the transition to zero-emission of particulate matter and NOx — as should areas of natural or cultural heritage. When these are cross-border areas and corridors, planning should be encouraged at this level;

| 25. | notes that the best possible integration into individual sustainable urban mobility plans (SUMPs) will be a key aspect. The main challenge cities face here is the space limitation, which means that alternative fuels infrastructure needs to be aligned with the existing infrastructure of other modes of transport. In the process of urban mobility planning, close cooperation with different public and private stakeholders will be key to ensuring a smooth roll-out of alternative fuels in cities; |
| --- | --- |

25.

notes that the best possible integration into individual sustainable urban mobility plans (SUMPs) will be a key aspect. The main challenge cities face here is the space limitation, which means that alternative fuels infrastructure needs to be aligned with the existing infrastructure of other modes of transport. In the process of urban mobility planning, close cooperation with different public and private stakeholders will be key to ensuring a smooth roll-out of alternative fuels in cities;

| 26. | highlights the fact that decisions taken by cities, ideally in collaboration with economic and other stakeholders, will fail to have a positive impact if consumers are not adequately involved. If the deployment of alternative fuels infrastructure is not in line with consumer expectations and wishes, there is a risk of a low uptake. It is therefore also up to LRAs to influence user behaviour to encourage the broadest uptake of alternative fuels. It is of crucial importance that services using alternative fuels, such as public transport and other services, remain accessible and reliable; |
| --- | --- |

26.

highlights the fact that decisions taken by cities, ideally in collaboration with economic and other stakeholders, will fail to have a positive impact if consumers are not adequately involved. If the deployment of alternative fuels infrastructure is not in line with consumer expectations and wishes, there is a risk of a low uptake. It is therefore also up to LRAs to influence user behaviour to encourage the broadest uptake of alternative fuels. It is of crucial importance that services using alternative fuels, such as public transport and other services, remain accessible and reliable;

| 27. | points out that there are regional differences that influence the uptake of alternative fuels. For peripheral regions the current electromobility system might not be the preferred option, while it could be in urban regions. A quick start for European regions with substantial resources and more urgent air quality and noise issues may mean that — thanks to their scale, critical mass and lower prices — peripheral regions may benefit, after 2025, from proven technologies and lower costs; |
| --- | --- |

27.

points out that there are regional differences that influence the uptake of alternative fuels. For peripheral regions the current electromobility system might not be the preferred option, while it could be in urban regions. A quick start for European regions with substantial resources and more urgent air quality and noise issues may mean that — thanks to their scale, critical mass and lower prices — peripheral regions may benefit, after 2025, from proven technologies and lower costs;

| 28. | points out that in cities, where electromobility might be seen as the preferred option, this needs to be aligned with energy distribution and the need for energy at certain peak hours. It is important here to have a buffer and for electricity to be stored on a large scale, for example in large batteries and hydrogen (fuel cells); |
| --- | --- |

28.

points out that in cities, where electromobility might be seen as the preferred option, this needs to be aligned with energy distribution and the need for energy at certain peak hours. It is important here to have a buffer and for electricity to be stored on a large scale, for example in large batteries and hydrogen (fuel cells);

| 29. | recalls, in the same context, that electromobility generally does not represent a suitable way of ensuring comprehensive public transport in rural areas. Buses' long charging times and limited range mean that, until appropriate technologies are developed, the option of resorting to low-emission propulsion (including plug-in hybrids) must be retained. At the same time, solutions for rural areas should be developed in the near future, which could be supported by means of pilot projects; |
| --- | --- |

29.

recalls, in the same context, that electromobility generally does not represent a suitable way of ensuring comprehensive public transport in rural areas. Buses' long charging times and limited range mean that, until appropriate technologies are developed, the option of resorting to low-emission propulsion (including plug-in hybrids) must be retained. At the same time, solutions for rural areas should be developed in the near future, which could be supported by means of pilot projects;

| 30. | points out, with reference to the ‘Missing transport links in border regions’ report (2017/C 207/05), that there is a huge potential in synergies from cross-border cooperation on the infrastructure development cost. It must be ensured in cross-border regions that the preferred technology of the two Member States is interoperable and developed to meet cross-border and not just domestic needs; |
| --- | --- |

30.

points out, with reference to the ‘Missing transport links in border regions’ report (2017/C 207/05), that there is a huge potential in synergies from cross-border cooperation on the infrastructure development cost. It must be ensured in cross-border regions that the preferred technology of the two Member States is interoperable and developed to meet cross-border and not just domestic needs;

| 31. | emphasises the importance of cities being able to also steer the uptake of vehicles with low emissions of particulate matter and NOx through urban access regulations. The introduction of environmental zones must be based on local assessments and decided on at local level. For the EU, it is a matter of providing the right conditions through a common framework for introducing environmental zones and highlighting this as a way of improving air quality. However, local and regional bodies must be allowed to decide for themselves on whether, and at which level, the zones should be introduced; |
| --- | --- |

31.

emphasises the importance of cities being able to also steer the uptake of vehicles with low emissions of particulate matter and NOx through urban access regulations. The introduction of environmental zones must be based on local assessments and decided on at local level. For the EU, it is a matter of providing the right conditions through a common framework for introducing environmental zones and highlighting this as a way of improving air quality. However, local and regional bodies must be allowed to decide for themselves on whether, and at which level, the zones should be introduced;

| 32. | highlights the fact that financing cannot be done by LRAs alone and notes that the European Commission proposes a broad range of financing instruments but is rather conservative when it comes to the cost of the provision of alternative infrastructure deployment and potentially over-optimistic on the uptake of the financing through private funds in the first phase; |
| --- | --- |

32.

highlights the fact that financing cannot be done by LRAs alone and notes that the European Commission proposes a broad range of financing instruments but is rather conservative when it comes to the cost of the provision of alternative infrastructure deployment and potentially over-optimistic on the uptake of the financing through private funds in the first phase;

| 33. | takes the view that concessions that aim to achieve zero emission should be incentivised through a being given a longer duration or an extension if intermediate and final objectives are met. It is also important that the possibilities for good takeover schemes are expanded. This ensures that parties can recover their investments faster; |
| --- | --- |

33.

takes the view that concessions that aim to achieve zero emission should be incentivised through a being given a longer duration or an extension if intermediate and final objectives are met. It is also important that the possibilities for good takeover schemes are expanded. This ensures that parties can recover their investments faster;

| 34. | believes that European financing is needed for public transport concessions to accelerate further scaling-up in the search for zero emissions. European funding must be used to stimulate innovation and cover investment, so that a larger part of the fleet can run emission-free at the start of the concession; |
| --- | --- |

34.

believes that European financing is needed for public transport concessions to accelerate further scaling-up in the search for zero emissions. European funding must be used to stimulate innovation and cover investment, so that a larger part of the fleet can run emission-free at the start of the concession;

| 35. | points out that, when designing and building new buildings in the future, charging points and pre-cabling will be provided; |
| --- | --- |

35.

points out that, when designing and building new buildings in the future, charging points and pre-cabling will be provided;

| 36. | calls for greater ambition with regard to the share of public accessible charging stations. (In the Action Plan each Member State should ensure the establishment of a minimum number of recharging points for electric vehicles by the end of 2020, at least 10 % of which must be publicly accessible. Development of publicly accessible charging stations must reflect local and regional conditions and demand. It is estimated that in 2025, in Europe, 2 million publicly-accessible recharging points for electric vehicles would be needed, of which 70 % are in urban areas. Priority should be given to the TEN-T core network corridors with a full backbone of alternative fuels infrastructure by 2025. Equipping at least the urban nodes of the TEN-T core and comprehensive networks with enough publicly accessible (fast) recharging and refuelling points is expected to boost investor and consumer confidence. An international level playing field must be created with open protocols and interoperability, so that the e-driver can make international use of the charging infrastructure without blockages. Sufficient LNG filling points are also required for freight traffic and shipping. The Committee asks for an ambitious goal of 2 000 LNG filling points in Europe according to local and regional needs; |
| --- | --- |

36.

calls for greater ambition with regard to the share of public accessible charging stations. (In the Action Plan each Member State should ensure the establishment of a minimum number of recharging points for electric vehicles by the end of 2020, at least 10 % of which must be publicly accessible. Development of publicly accessible charging stations must reflect local and regional conditions and demand. It is estimated that in 2025, in Europe, 2 million publicly-accessible recharging points for electric vehicles would be needed, of which 70 % are in urban areas. Priority should be given to the TEN-T core network corridors with a full backbone of alternative fuels infrastructure by 2025. Equipping at least the urban nodes of the TEN-T core and comprehensive networks with enough publicly accessible (fast) recharging and refuelling points is expected to boost investor and consumer confidence. An international level playing field must be created with open protocols and interoperability, so that the e-driver can make international use of the charging infrastructure without blockages. Sufficient LNG filling points are also required for freight traffic and shipping. The Committee asks for an ambitious goal of 2 000 LNG filling points in Europe according to local and regional needs;

| 37. | points out that municipalities should be involved, in order to make sure that relevant plans and urban development considerations are included in the choice of locations for public accessible charging stations to ensure that chargers are positioned at the right places and that there will be no ‘over-placing of chargers’, including in places that are unprofitable; |
| --- | --- |

37.

points out that municipalities should be involved, in order to make sure that relevant plans and urban development considerations are included in the choice of locations for public accessible charging stations to ensure that chargers are positioned at the right places and that there will be no ‘over-placing of chargers’, including in places that are unprofitable;

| 38. | calls for greater ambition with regard to hydrogen refuelling points. One refuelling point per 300 km is far too little in densely populated areas. This should be made dependent on the number of inhabitants, with one refuelling point per 300 000 inhabitants; |
| --- | --- |

38.

calls for greater ambition with regard to hydrogen refuelling points. One refuelling point per 300 km is far too little in densely populated areas. This should be made dependent on the number of inhabitants, with one refuelling point per 300 000 inhabitants;

Proposal for a Directive of the European Parliament and of the Council amending Directive 2009/33/EU on the promotion of clean and energy-efficient road transport vehicles — COM(2017) 653

Proposal for a Directive of the European Parliament and of the Council amending Directive 2009/33/EU on the promotion of clean and energy-efficient road transport vehicles — COM(2017) 653

| 39. | welcomes the adaptation of the rules which encourages LRAs to procure clean vehicles. The Committee also welcomes the deletion of the ‘monetarisation’ calculation and the inclusion of other forms of procurement. The Committee draws attention to the very narrow definition of clean vehicles, and maintains that this should be further revised so that local and regional authorities are able to exercise discretion and have genuine cost-effective and clean alternatives when procuring in different regions and for different transport needs; |
| --- | --- |

39.

welcomes the adaptation of the rules which encourages LRAs to procure clean vehicles. The Committee also welcomes the deletion of the ‘monetarisation’ calculation and the inclusion of other forms of procurement. The Committee draws attention to the very narrow definition of clean vehicles, and maintains that this should be further revised so that local and regional authorities are able to exercise discretion and have genuine cost-effective and clean alternatives when procuring in different regions and for different transport needs;

| 40. | highlights the fact that even if the proportion of publicly procured vehicles is low compared with the overall number of vehicles in a city, the positive example set by LRAs could impact in terms of market demand and have a positive impact on car manufacturers, which could in turn also stimulate private demand. The directive should only apply if it is expected that the outcome of the tender will be sufficiently beneficial; |
| --- | --- |

40.

highlights the fact that even if the proportion of publicly procured vehicles is low compared with the overall number of vehicles in a city, the positive example set by LRAs could impact in terms of market demand and have a positive impact on car manufacturers, which could in turn also stimulate private demand. The directive should only apply if it is expected that the outcome of the tender will be sufficiently beneficial;

| 41. | deplores the heavy financial burden on public transport operators and thus local and regional authorities arising from the very high quota for the procurement of alternatively fuelled buses. Many cities and regions already have a largely electrified fleet in the form of trams, metros and trolleybuses, which is not taken into account. The whole vehicle fleet, and not just buses, should therefore be taken into account in relation to the procurement of ‘clean vehicles’; |
| --- | --- |

41.

deplores the heavy financial burden on public transport operators and thus local and regional authorities arising from the very high quota for the procurement of alternatively fuelled buses. Many cities and regions already have a largely electrified fleet in the form of trams, metros and trolleybuses, which is not taken into account. The whole vehicle fleet, and not just buses, should therefore be taken into account in relation to the procurement of ‘clean vehicles’;

| 42. | calls for a definition of clean vehicles on the basis of objectively measurable emissions and energy consumption under real driving conditions. This is the only way to achieve long-term planning certainty for public contracting authorities. In order to achieve zero emission vehicles, steps have to be taken in the transition. Zero emission is not yet feasible in all modalities such as freight transport and shipping. Biogas and biofuels are necessary as a transition fuel. Existing systems can be maintained as long as the raw materials used are of local origin and are not imported. Biogas should be used for systems with a high thermal requirement; |
| --- | --- |

42.

calls for a definition of clean vehicles on the basis of objectively measurable emissions and energy consumption under real driving conditions. This is the only way to achieve long-term planning certainty for public contracting authorities. In order to achieve zero emission vehicles, steps have to be taken in the transition. Zero emission is not yet feasible in all modalities such as freight transport and shipping. Biogas and biofuels are necessary as a transition fuel. Existing systems can be maintained as long as the raw materials used are of local origin and are not imported. Biogas should be used for systems with a high thermal requirement;

| 43. | welcomes the intention of having a close definition of clean light vehicles It is important to have common standards and clear definitions so that governments can properly assess, compare and check offers from parties. However, is of the view that the definition should include technology neutrality and that the climate impact must also be evaluated from a life-cycle perspective. Furthermore, transition fuels like biogas or other biofuels are necessary, especially for freight transport and shipping and must be taken into account; |
| --- | --- |

43.

welcomes the intention of having a close definition of clean light vehicles It is important to have common standards and clear definitions so that governments can properly assess, compare and check offers from parties. However, is of the view that the definition should include technology neutrality and that the climate impact must also be evaluated from a life-cycle perspective. Furthermore, transition fuels like biogas or other biofuels are necessary, especially for freight transport and shipping and must be taken into account;

| 44. | welcomes, in respect to heavy-duty vehicles, the proposal's general technology-neutral approach, but at the same time highlights the fact that the list of ‘clean technologies’ is per se a limitation on technological neutrality and excludes technologies such as synthetic biofuels or biogas. Biogas is an important transition fuel for heavy-duty vehicles. In some regions, especially in the Nordic countries, investment in such technologies, which are climate-friendly but not necessarily zero-emission at tail-pipe, could be compromised by these not being included in the list of allowed technologies. This could also be a subsidiarity concern. Other propulsion technologies, including completely fossil-free liquid and gaseous fuels such as HVO100 and biomethane, also offer great potential for clean mobility; |
| --- | --- |

44.

welcomes, in respect to heavy-duty vehicles, the proposal's general technology-neutral approach, but at the same time highlights the fact that the list of ‘clean technologies’ is per se a limitation on technological neutrality and excludes technologies such as synthetic biofuels or biogas. Biogas is an important transition fuel for heavy-duty vehicles. In some regions, especially in the Nordic countries, investment in such technologies, which are climate-friendly but not necessarily zero-emission at tail-pipe, could be compromised by these not being included in the list of allowed technologies. This could also be a subsidiarity concern. Other propulsion technologies, including completely fossil-free liquid and gaseous fuels such as HVO100 and biomethane, also offer great potential for clean mobility;

| 45. | notes that there are currently different views on the timing of the application of the rules. Calls, in this context, for the calculation in the first and second periods to begin in 2025 and 2030 respectively and for the same targets to apply to all Member States;; |
| --- | --- |

45.

notes that there are currently different views on the timing of the application of the rules. Calls, in this context, for the calculation in the first and second periods to begin in 2025 and 2030 respectively and for the same targets to apply to all Member States;;

| 46. | calls for long-term planning certainty and sufficient transitional periods for contracting authorities. In view of the infrastructure adaptations required in connection with new acquisitions, clarification is needed that the procurement rules will apply only to new contracts; |
| --- | --- |

46.

calls for long-term planning certainty and sufficient transitional periods for contracting authorities. In view of the infrastructure adaptations required in connection with new acquisitions, clarification is needed that the procurement rules will apply only to new contracts;

Proposal for a Regulation amending the rules for access to the international market for coach and bus services — (COM(2017) 647)

Proposal for a Regulation amending the rules for access to the international market for coach and bus services — (COM(2017) 647)

| 47. | highlights here the fact that buses are still less environmentally friendly than railways and that the main routes between cities and regions are covered by this mode of transport. Long-distance buses can be complementary to rail and can be attractive compared with private cars; |
| --- | --- |

47.

highlights here the fact that buses are still less environmentally friendly than railways and that the main routes between cities and regions are covered by this mode of transport. Long-distance buses can be complementary to rail and can be attractive compared with private cars;

| 48. | calls for long-term planning certainty and sufficient transitional periods for public transport operators and contracting authorities.; |
| --- | --- |

48.

calls for long-term planning certainty and sufficient transitional periods for public transport operators and contracting authorities.;

| 49. | thinks it important, when opening the market for international bus coaches, to ensure that the rules of the internal market and services of general economic interest are maintained, so as to ensure universal access and freedom of movement; |
| --- | --- |

49.

thinks it important, when opening the market for international bus coaches, to ensure that the rules of the internal market and services of general economic interest are maintained, so as to ensure universal access and freedom of movement;

| 50. | notes that the proposal gives the regulatory body the possibility of rejecting an application when an objective economic analysis shows the economic equilibrium of a public service contract to be compromised. CoR, nevertheless, believes that all bus services, public and private, are subject to the same requirements for low emissions.
  Commercial regular service operations should not undermine the public service obligations of a service of general economic interest, whose analysis should not be limited to economic terms but in a wider sense. To prevent distortions of competition, private bus services must also meet the requirements for low emission; |
| --- | --- |

50.

notes that the proposal gives the regulatory body the possibility of rejecting an application when an objective economic analysis shows the economic equilibrium of a public service contract to be compromised. CoR, nevertheless, believes that all bus services, public and private, are subject to the same requirements for low emissions.

Commercial regular service operations should not undermine the public service obligations of a service of general economic interest, whose analysis should not be limited to economic terms but in a wider sense. To prevent distortions of competition, private bus services must also meet the requirements for low emission;

Proposal for revision of the combined transport of goods Directive — (COM(2017)648)

Proposal for revision of the combined transport of goods Directive — (COM(2017)648)

| 51. | welcomes this proposal's impact on the change of the transport system towards a more environmentally friendly one; points out that there are areas that can only be relieved by a modal shift from road to train, waterways and/or by electric trucks. Intermodal terminals are an important prerequisite in this. LRAs can introduce charging points and fuelling points that support both public and freight transport. It is essential to further promote financial support measures for the development of combined transport: aid both for investment in new terminals, with a cost-benefit analysis that reflects the externalities of transport, as well for investment in operations, at least in the early years, including recouping the necessary material resources. |
| --- | --- |

51.

welcomes this proposal's impact on the change of the transport system towards a more environmentally friendly one; points out that there are areas that can only be relieved by a modal shift from road to train, waterways and/or by electric trucks. Intermodal terminals are an important prerequisite in this. LRAs can introduce charging points and fuelling points that support both public and freight transport. It is essential to further promote financial support measures for the development of combined transport: aid both for investment in new terminals, with a cost-benefit analysis that reflects the externalities of transport, as well for investment in operations, at least in the early years, including recouping the necessary material resources.

Brussels, 5 July 2018.

The President of the European Committee of the Regions

Karl-Heinz LAMBERTZ

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(**)  24 months following the date of entry into force in accordance with Article 2

**

24 months following the date of entry into force in accordance with Article 2

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