# Official Journal C 377E/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.CE2012.377.eng |
| --- | --- |
| Official Journal
  of the European Union | C 377E |
| | |
| English edition | Information and Notices | Volume 557 December 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.CE2012.377.eng

Official Journal

of the European Union

C 377E

English edition

Information and Notices

Volume 557 December 2012

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RESOLUTIONS |
| | European Parliament2011-2012 SESSIONSittings of 10 to 12 May 2011The Minutes of this session have been published in OJ C 227 E, 2.8.2011.TEXTS ADOPTED |
| | Tuesday 10 May 2011 |
| 2012/C 377E/01 | Proposed interim measures for the freezing and disclosure of debtors' assets in cross-border casesEuropean Parliament resolution of 10 May 2011 with recommendations to the Commission on proposed interim measures for the freezing and disclosure of debtors' assets in cross-border cases (2009/2169(INI)) | 1 |
| ANNEX | 3 |
| | Wednesday 11 May 2011 |
| 2012/C 377E/02 | Corporate governance in financial institutionsEuropean Parliament resolution of 11 May 2011 on corporate governance in financial institutions (2010/2303(INI)) | 7 |
| 2012/C 377E/03 | Free trade agreement with IndiaEuropean Parliament resolution of 11 May 2011 on the state of play in the EU-India Free Trade Agreement negotiations | 13 |
| 2012/C 377E/04 | EU-Japan trade relationsEuropean Parliament resolution of 11 May 2011 on EU-Japan Trade relations | 19 |
| 2012/C 377E/05 | Commission Green Paper on forest protection and information in the EU: preparing forests for climate changeEuropean Parliament resolution of 11 May 2011 on the Commission Green Paper on forest protection and information in the EU: preparing forests for climate change (2010/2106(INI)) | 23 |
| 2012/C 377E/06 | Annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy (CFSP) in 2009European Parliament resolution of 11 May 2011 on the annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy (CFSP) in 2009, presented to the European Parliament in application of Part II, Section G, paragraph 43 of the Interinstitutional Agreement of 17 May 2006 (2010/2124(INI)) | 35 |
| 2012/C 377E/07 | Development of the common security and defence policy following the entry into force of the Lisbon TreatyEuropean Parliament resolution of 11 May 2011 on the development of the common security and defence policyfollowing the entry into force of the Lisbon Treaty (2010/2299(INI)) | 51 |
| 2012/C 377E/08 | The EU as a global actor: its role in multilateral organisationsEuropean Parliament resolution of 11 May 2011 on the EU as a global actor: its role in multilateral organisations (2010/2298(INI)) | 66 |
| | Thursday 12 May 2011 |
| 2012/C 377E/09 | Youth on the Move: – a framework for improving Europe's education and training systemsEuropean Parliament resolution of 12 May 2011 on Youth on the Move: - a framework for improving Europe's education and training systems (2010/2307(INI)) | 77 |
| 2012/C 377E/10 | Early years learningEuropean Parliament resolution of 12 May 2011 on Early Years Learning in the European Union (2010/2159(INI)) | 89 |
| 2012/C 377E/11 | EU-Mauritania Fisheries Partnership AgreementEuropean Parliament resolution of 12 May 2011 on the EU-Mauritania Fisheries Partnership Agreement | 95 |
| 2012/C 377E/12 | Public procurementEuropean Parliament resolution of 12 May 2011 on equal access to public sector markets in the EU and in third countries and on the revision of the legal framework of public procurement including concessions | 99 |
| 2012/C 377E/13 | European fisheries sector crisis due to rise in oil pricesEuropean Parliament resolution of 12 May 2011 on the European fisheries sector crisis due to the rise in oil prices | 101 |
| 2012/C 377E/14 | Small Business Act reviewEuropean Parliament resolution of 12 May 2011 on the Small Business Act Review | 102 |
| 2012/C 377E/15 | Innovation Union: transforming Europe for a post-crisis worldEuropean Parliament resolution of 12 May 2011 on Innovation Union: transforming Europe for a post-crisis world (2010/2245(INI)) | 108 |
| 2012/C 377E/16 | ILO convention supplemented by a recommendation on domestic workersEuropean Parliament resolution of 12 May 2011 on the proposed ILO convention supplemented by a recommendation on domestic workers | 128 |
| 2012/C 377E/17 | Antibiotic resistanceEuropean Parliament resolution of 12 May 2011 on antibiotic resistance | 131 |
| 2012/C 377E/18 | Cultural dimensions of EU external actionsEuropean Parliament resolution of 12 May 2011 on the cultural dimensions of the EU’s external actions (2010/2161(INI)) | 135 |
| 2012/C 377E/19 | Unlocking the potential of cultural and creative industriesEuropean Parliament resolution of 12 May 2011 on unlocking the potential of cultural and creative industries (2010/2156(INI)) | 142 |
| 2012/C 377E/20 | Sarajevo as a European Capital of Culture in 2014European Parliament resolution of 12 May 2011 on Sarajevo as a European Capital of Culture 2014 | 155 |
| 2012/C 377E/21 | Sri Lanka: follow-up of the UN ReportEuropean Parliament resolution of 12 May 2011 on the situation in Sri Lanka | 156 |
| 2012/C 377E/22 | AzerbaijanEuropean Parliament resolution of 12 May 2011 on Azerbaijan | 159 |
| 2012/C 377E/23 | BelarusEuropean Parliament resolution of 12 May 2011 on Belarus | 162 |
| 2012/C 377E/24 | Cleanup in Europe and Let’s do it World 2012Declaration of the European Parliament of 12 May 2011 on Cleanup in Europe and Let’s do it World 2012 | 164 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament2011-2012 SESSIONSittings of 10 to 12 May 2011The Minutes of this session have been published in OJ C 227 E, 2.8.2011.TEXTS ADOPTED

Tuesday 10 May 2011

2012/C 377E/01

Proposed interim measures for the freezing and disclosure of debtors' assets in cross-border casesEuropean Parliament resolution of 10 May 2011 with recommendations to the Commission on proposed interim measures for the freezing and disclosure of debtors' assets in cross-border cases (2009/2169(INI))

1

ANNEX

3

Wednesday 11 May 2011

2012/C 377E/02

Corporate governance in financial institutionsEuropean Parliament resolution of 11 May 2011 on corporate governance in financial institutions (2010/2303(INI))

7

2012/C 377E/03

Free trade agreement with IndiaEuropean Parliament resolution of 11 May 2011 on the state of play in the EU-India Free Trade Agreement negotiations

13

2012/C 377E/04

EU-Japan trade relationsEuropean Parliament resolution of 11 May 2011 on EU-Japan Trade relations

19

2012/C 377E/05

Commission Green Paper on forest protection and information in the EU: preparing forests for climate changeEuropean Parliament resolution of 11 May 2011 on the Commission Green Paper on forest protection and information in the EU: preparing forests for climate change (2010/2106(INI))

23

2012/C 377E/06

Annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy (CFSP) in 2009European Parliament resolution of 11 May 2011 on the annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy (CFSP) in 2009, presented to the European Parliament in application of Part II, Section G, paragraph 43 of the Interinstitutional Agreement of 17 May 2006 (2010/2124(INI))

35

2012/C 377E/07

Development of the common security and defence policy following the entry into force of the Lisbon TreatyEuropean Parliament resolution of 11 May 2011 on the development of the common security and defence policyfollowing the entry into force of the Lisbon Treaty (2010/2299(INI))

51

2012/C 377E/08

The EU as a global actor: its role in multilateral organisationsEuropean Parliament resolution of 11 May 2011 on the EU as a global actor: its role in multilateral organisations (2010/2298(INI))

66

Thursday 12 May 2011

2012/C 377E/09

Youth on the Move: – a framework for improving Europe's education and training systemsEuropean Parliament resolution of 12 May 2011 on Youth on the Move: - a framework for improving Europe's education and training systems (2010/2307(INI))

77

2012/C 377E/10

Early years learningEuropean Parliament resolution of 12 May 2011 on Early Years Learning in the European Union (2010/2159(INI))

89

2012/C 377E/11

EU-Mauritania Fisheries Partnership AgreementEuropean Parliament resolution of 12 May 2011 on the EU-Mauritania Fisheries Partnership Agreement

95

2012/C 377E/12

Public procurementEuropean Parliament resolution of 12 May 2011 on equal access to public sector markets in the EU and in third countries and on the revision of the legal framework of public procurement including concessions

99

2012/C 377E/13

European fisheries sector crisis due to rise in oil pricesEuropean Parliament resolution of 12 May 2011 on the European fisheries sector crisis due to the rise in oil prices

101

2012/C 377E/14

Small Business Act reviewEuropean Parliament resolution of 12 May 2011 on the Small Business Act Review

102

2012/C 377E/15

Innovation Union: transforming Europe for a post-crisis worldEuropean Parliament resolution of 12 May 2011 on Innovation Union: transforming Europe for a post-crisis world (2010/2245(INI))

108

2012/C 377E/16

ILO convention supplemented by a recommendation on domestic workersEuropean Parliament resolution of 12 May 2011 on the proposed ILO convention supplemented by a recommendation on domestic workers

128

2012/C 377E/17

Antibiotic resistanceEuropean Parliament resolution of 12 May 2011 on antibiotic resistance

131

2012/C 377E/18

Cultural dimensions of EU external actionsEuropean Parliament resolution of 12 May 2011 on the cultural dimensions of the EU’s external actions (2010/2161(INI))

135

2012/C 377E/19

Unlocking the potential of cultural and creative industriesEuropean Parliament resolution of 12 May 2011 on unlocking the potential of cultural and creative industries (2010/2156(INI))

142

2012/C 377E/20

Sarajevo as a European Capital of Culture in 2014European Parliament resolution of 12 May 2011 on Sarajevo as a European Capital of Culture 2014

155

2012/C 377E/21

Sri Lanka: follow-up of the UN ReportEuropean Parliament resolution of 12 May 2011 on the situation in Sri Lanka

156

2012/C 377E/22

AzerbaijanEuropean Parliament resolution of 12 May 2011 on Azerbaijan

159

2012/C 377E/23

BelarusEuropean Parliament resolution of 12 May 2011 on Belarus

162

2012/C 377E/24

Cleanup in Europe and Let’s do it World 2012Declaration of the European Parliament of 12 May 2011 on Cleanup in Europe and Let’s do it World 2012

164

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| | Tuesday 10 May 2011 |
| 2012/C 377E/25 | Defence of the immunity and privileges of Luigi de MagistrisEuropean Parliament decision of 10 May 2011 on the request for defence of the immunity and privileges of Luigi de Magistris (2010/2122(IMM)) | 166 |
| 2012/C 377E/26 | Defence of the immunity and privileges of Bruno GollnischEuropean Parliament decision of 10 May 2011 on the request for defence of the immunity and privileges of Bruno Gollnisch (2010/2097(IMM)) | 167 |
| 2012/C 377E/27 | Waiver of the immunity of Bruno GollnischEuropean Parliament decision of 10 May 2011 on the request for waiver of the immunity of Bruno Gollnisch (2010/2284(IMM)) | 169 |
| | Wednesday 11 May 2011 |
| 2012/C 377E/28 | Amendment of Parliament's Rules of Procedure following the establishment by Parliament and the Commission of a common Transparency RegisterEuropean Parliament decision of 11 May 2011 on the amendment of Parliament’s Rules of Procedure following the establishment by the European Parliament and the Commission of a joint transparency register (2010/2292(REG)) | 171 |
| 2012/C 377E/29 | Interinstitutional agreement on a common Transparency Register between the Parliament and the CommissionEuropean Parliament decision of 11 May 2011 on conclusion of an interinstitutional agreement between the European Parliament and the Commission on a common Transparency Register (2010/2291(ACI)) | 176 |
| ANNEX | 177 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Tuesday 10 May 2011

2012/C 377E/25

Defence of the immunity and privileges of Luigi de MagistrisEuropean Parliament decision of 10 May 2011 on the request for defence of the immunity and privileges of Luigi de Magistris (2010/2122(IMM))

166

2012/C 377E/26

Defence of the immunity and privileges of Bruno GollnischEuropean Parliament decision of 10 May 2011 on the request for defence of the immunity and privileges of Bruno Gollnisch (2010/2097(IMM))

167

2012/C 377E/27

Waiver of the immunity of Bruno GollnischEuropean Parliament decision of 10 May 2011 on the request for waiver of the immunity of Bruno Gollnisch (2010/2284(IMM))

169

Wednesday 11 May 2011

2012/C 377E/28

Amendment of Parliament's Rules of Procedure following the establishment by Parliament and the Commission of a common Transparency RegisterEuropean Parliament decision of 11 May 2011 on the amendment of Parliament’s Rules of Procedure following the establishment by the European Parliament and the Commission of a joint transparency register (2010/2292(REG))

171

2012/C 377E/29

Interinstitutional agreement on a common Transparency Register between the Parliament and the CommissionEuropean Parliament decision of 11 May 2011 on conclusion of an interinstitutional agreement between the European Parliament and the Commission on a common Transparency Register (2010/2291(ACI))

176

ANNEX

177

| | III   Preparatory acts |
| --- | --- |
| | EUROPEAN PARLIAMENT |
| | Tuesday 10 May 2011 |
| 2012/C 377E/30 | Agreement on the protection and sustainable development of the Prespa Park area ***European Parliament legislative resolution of 10 May 2011 on the draft Council decision concerning the conclusion, on behalf of the European Union, of the Agreement on the Protection and Sustainable Development of the Prespa Park Area (16581/2010 – C7-0007/2011 – 2010/0300(NLE)) | 188 |
| 2012/C 377E/31 | Agreement on port state measures to prevent, deter and eliminate illegal, unreported and unregulated fishing ***European Parliament legislative resolution of 10 May 2011 on the draft Council decision on the approval, on behalf of the European Union, of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (05571/2011 – C7-0068/2011 – 2010/0389(NLE)) | 188 |
| 2012/C 377E/32 | Emergency autonomous trade preferences for Pakistan ***IEuropean Parliament amendments adopted on 10 May 2011 to the proposal for a regulation of the European Parliament and of the Council introducing emergency autonomous trade preferences for Pakistan (COM(2010)0552 – C7-0322/2010 – 2010/0289(COD)) | 189 |
| 2012/C 377E/33 | Transitional arrangements for bilateral investment agreements between Member States and third countries ***IEuropean Parliament legislative resolution of 10 May 2011 on the proposal for a regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries (COM(2010)0344 – C7-0172/2010 – 2010/0197(COD)) | 203 |
| P7_TC1-COD(2010)0197Position of the European Parliament adopted at first reading on 10 May 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries[Am. 1 unless otherwise indicated] | 203 |
| 2012/C 377E/34 | Further macro-financial assistance for Georgia ***IEuropean Parliament legislative resolution of 10 May 2011 on the proposal for a decision of the European Parliament and of the Council providing further macro-financial assistance to Georgia (COM(2010)0804 – C7-0019/2011 – 2010/0390(COD)) | 211 |
| P7_TC1-COD(2010)0390Position of the European Parliament adopted at first reading on 10 May 2011 with a view to the adoption of Decision No .../2011/EU of the European Parliament and of the Council providing further macro-financial assistance to Georgia | 211 |
| | Wednesday 11 May 2011 |
| 2012/C 377E/35 | Indications or marks identifying the lot to which a foodstuff belongs ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs (codified text) (COM(2010)0506 – C7-0285/2010 – 2010/0259(COD)) | 216 |
| P7_TC1-COD(2010)0259Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs (codification) | 216 |
| 2012/C 377E/36 | Units of measurement (codification) ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws of the Member States relating to units of measurement (codified text) (COM(2010)0507 – C7-0287/2010 – 2010/0260(COD)) | 217 |
| P7_TC1-COD(2010)0260Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the approximation of the laws of the Member States relating to units of measurement (Codification) (
  1
  ) | 217 |
| ANNEX I | 221 |
| ANNEX II | 226 |
| ANNEX III | 227 |
| 2012/C 377E/37 | Permissible sound level and exhaust system of motor vehicles ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the permissible sound level and the exhaust system of motor vehicles (codified text) (COM(2010)0508 – C7-0288/2010 – 2010/0261(COD)) | 228 |
| P7_TC1-COD(2010)0261Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the permissible sound level and the exhaust system of motor vehicles (Codification) (
  1
  ) | 229 |
| List of Annexes | 232 |
| 2012/C 377E/38 | Roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors (codified text) (COM(2010)0610 – C7-0340/2010 – 2010/0302(COD)) | 232 |
| P7_TC1-COD(2010)0302Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors (Codification) (
  1
  ) | 233 |
| 2012/C 377E/39 | Controls of wheeled agricultural or forestry tractors ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the installation, location, operation and identification of the controls of wheeled agricultural or forestry tractors (codified text) (COM(2010)0717 – C7-0404/2010 – 2010/0348(COD)) | 237 |
| P7_TC1-COD(2010)0348Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the installation, location, operation and identification of the controls of wheeled agricultural or forestry tractors (Codification) (
  1
  ) | 237 |
| 2012/C 377E/40 | Braking devices of wheeled agricultural or forestry tractors ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on braking devices of wheeled agricultural or forestry tractors (codified text) (COM(2010)0729 – C7-0421/2010 – 2010/0349(COD)) | 239 |
| P7_TC1-COD(2010)0349Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on braking devices of wheeled agricultural or forestry tractors (Codification) (
  1
  ) | 240 |
| 2012/C 377E/41 | Driving position and the doors and windows of wheeled agricultural or forestry tractors ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the operating space, access to the driving position and the doors and windows of wheeled agricultural or forestry tractors (codified text) (COM(2010)0746 – C7-0428/2010 – 2010/0358(COD)) | 242 |
| P7_TC1-COD(2010)0358Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the operating space, access to the driving position and the doors and windows of wheeled agricultural or forestry tractors (Codification) (
  1
  ) | 243 |
| 2012/C 377E/42 | Rear-mounted roll-over protection systems of narrow-track wheeled agricultural and forestry tractors ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors (codified text) (COM(2010)0510 – C7-0290/2010 – 2010/0264(COD)) | 245 |
| P7_TC1-COD(2010)0264Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors (Codification) (
  1
  ) | 246 |
| LIST OF ANNEXES | 250 |
| 2012/C 377E/43 | Excise duty applied to manufactured tobacco *European Parliament legislative resolution of 11 May 2011 on the amended proposal for a Council directive on the structure and rates of excise duty applied to manufactured tobacco (codified text) (COM(2010)0641 – C7-0403/2010 – 2007/0206(CNS)) | 250 |
| 2012/C 377E/44 | Denominations and technical specifications of euro coins intended for circulation *European Parliament legislative resolution of 11 May 2011 on the proposal for a Council regulation on denominations and technical specifications of euro coins intended for circulation (codified text) (COM(2010)0691 – C7-0034/2011 – 2010/0338(NLE)) | 251 |
| 2012/C 377E/45 | Textile names and related labelling of textile products ***IIEuropean Parliament legislative resolution of 11 May 2011 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on textile fibre names and related labelling and marking of fibre composition of textile products and repealing Council Directive 73/44/EEC, Directive 96/73/EC of the European Parliament and of the Council and Directive 2008/121/EC of the European Parliament and of the Council (13807/4/2010 – C7-0017/2011 – 2009/0006(COD)) | 252 |
| P7_TC2-COD(2009)0006Position of the European Parliament adopted at second reading on 11 May 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council on textile fibre names and related labelling and marking of fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council | 252 |
| ANNEX | 253 |
| 2012/C 377E/46 | Exceptional trade measures for countries and territories participating in or linked to the EU's Stabilisation and Association process ***IEuropean Parliament amendments adopted on 11 May 2011 to the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process (COM(2010)0054 – C7-0042/2010 – 2010/0036(COD)) | 253 |
| 2012/C 377E/47 | First radio spectrum policy programme ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a decision of the European Parliament and of the Council establishing the first radio spectrum policy programme (COM(2010)0471 – C7-0270/2010 – 2010/0252(COD)) | 258 |
| P7_TC1-COD(2010)0252Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Decision No .../2011/EU of the European Parliament and of the Council establishing the first radio spectrum policy programme (
  1
  ) | 259 |

III   Preparatory acts

EUROPEAN PARLIAMENT

Tuesday 10 May 2011

2012/C 377E/30

Agreement on the protection and sustainable development of the Prespa Park area ***European Parliament legislative resolution of 10 May 2011 on the draft Council decision concerning the conclusion, on behalf of the European Union, of the Agreement on the Protection and Sustainable Development of the Prespa Park Area (16581/2010 – C7-0007/2011 – 2010/0300(NLE))

188

2012/C 377E/31

Agreement on port state measures to prevent, deter and eliminate illegal, unreported and unregulated fishing ***European Parliament legislative resolution of 10 May 2011 on the draft Council decision on the approval, on behalf of the European Union, of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (05571/2011 – C7-0068/2011 – 2010/0389(NLE))

188

2012/C 377E/32

Emergency autonomous trade preferences for Pakistan ***IEuropean Parliament amendments adopted on 10 May 2011 to the proposal for a regulation of the European Parliament and of the Council introducing emergency autonomous trade preferences for Pakistan (COM(2010)0552 – C7-0322/2010 – 2010/0289(COD))

189

2012/C 377E/33

Transitional arrangements for bilateral investment agreements between Member States and third countries ***IEuropean Parliament legislative resolution of 10 May 2011 on the proposal for a regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries (COM(2010)0344 – C7-0172/2010 – 2010/0197(COD))

203

P7_TC1-COD(2010)0197Position of the European Parliament adopted at first reading on 10 May 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries[Am. 1 unless otherwise indicated]

203

2012/C 377E/34

Further macro-financial assistance for Georgia ***IEuropean Parliament legislative resolution of 10 May 2011 on the proposal for a decision of the European Parliament and of the Council providing further macro-financial assistance to Georgia (COM(2010)0804 – C7-0019/2011 – 2010/0390(COD))

211

P7_TC1-COD(2010)0390Position of the European Parliament adopted at first reading on 10 May 2011 with a view to the adoption of Decision No .../2011/EU of the European Parliament and of the Council providing further macro-financial assistance to Georgia

211

Wednesday 11 May 2011

2012/C 377E/35

Indications or marks identifying the lot to which a foodstuff belongs ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs (codified text) (COM(2010)0506 – C7-0285/2010 – 2010/0259(COD))

216

P7_TC1-COD(2010)0259Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs (codification)

216

2012/C 377E/36

Units of measurement (codification) ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws of the Member States relating to units of measurement (codified text) (COM(2010)0507 – C7-0287/2010 – 2010/0260(COD))

217

P7_TC1-COD(2010)0260Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the approximation of the laws of the Member States relating to units of measurement (Codification) (
  1
  )

1

217

ANNEX I

221

ANNEX II

226

ANNEX III

227

2012/C 377E/37

Permissible sound level and exhaust system of motor vehicles ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the permissible sound level and the exhaust system of motor vehicles (codified text) (COM(2010)0508 – C7-0288/2010 – 2010/0261(COD))

228

P7_TC1-COD(2010)0261Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the permissible sound level and the exhaust system of motor vehicles (Codification) (
  1
  )

1

229

List of Annexes

232

2012/C 377E/38

Roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors (codified text) (COM(2010)0610 – C7-0340/2010 – 2010/0302(COD))

232

P7_TC1-COD(2010)0302Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors (Codification) (
  1
  )

1

233

2012/C 377E/39

Controls of wheeled agricultural or forestry tractors ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the installation, location, operation and identification of the controls of wheeled agricultural or forestry tractors (codified text) (COM(2010)0717 – C7-0404/2010 – 2010/0348(COD))

237

P7_TC1-COD(2010)0348Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the installation, location, operation and identification of the controls of wheeled agricultural or forestry tractors (Codification) (
  1
  )

1

237

2012/C 377E/40

Braking devices of wheeled agricultural or forestry tractors ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on braking devices of wheeled agricultural or forestry tractors (codified text) (COM(2010)0729 – C7-0421/2010 – 2010/0349(COD))

239

P7_TC1-COD(2010)0349Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on braking devices of wheeled agricultural or forestry tractors (Codification) (
  1
  )

1

240

2012/C 377E/41

Driving position and the doors and windows of wheeled agricultural or forestry tractors ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the operating space, access to the driving position and the doors and windows of wheeled agricultural or forestry tractors (codified text) (COM(2010)0746 – C7-0428/2010 – 2010/0358(COD))

242

P7_TC1-COD(2010)0358Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the operating space, access to the driving position and the doors and windows of wheeled agricultural or forestry tractors (Codification) (
  1
  )

1

243

2012/C 377E/42

Rear-mounted roll-over protection systems of narrow-track wheeled agricultural and forestry tractors ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors (codified text) (COM(2010)0510 – C7-0290/2010 – 2010/0264(COD))

245

P7_TC1-COD(2010)0264Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors (Codification) (
  1
  )

1

246

LIST OF ANNEXES

250

2012/C 377E/43

Excise duty applied to manufactured tobacco *European Parliament legislative resolution of 11 May 2011 on the amended proposal for a Council directive on the structure and rates of excise duty applied to manufactured tobacco (codified text) (COM(2010)0641 – C7-0403/2010 – 2007/0206(CNS))

250

2012/C 377E/44

Denominations and technical specifications of euro coins intended for circulation *European Parliament legislative resolution of 11 May 2011 on the proposal for a Council regulation on denominations and technical specifications of euro coins intended for circulation (codified text) (COM(2010)0691 – C7-0034/2011 – 2010/0338(NLE))

251

2012/C 377E/45

Textile names and related labelling of textile products ***IIEuropean Parliament legislative resolution of 11 May 2011 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on textile fibre names and related labelling and marking of fibre composition of textile products and repealing Council Directive 73/44/EEC, Directive 96/73/EC of the European Parliament and of the Council and Directive 2008/121/EC of the European Parliament and of the Council (13807/4/2010 – C7-0017/2011 – 2009/0006(COD))

252

P7_TC2-COD(2009)0006Position of the European Parliament adopted at second reading on 11 May 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council on textile fibre names and related labelling and marking of fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council

252

ANNEX

253

2012/C 377E/46

Exceptional trade measures for countries and territories participating in or linked to the EU's Stabilisation and Association process ***IEuropean Parliament amendments adopted on 11 May 2011 to the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process (COM(2010)0054 – C7-0042/2010 – 2010/0036(COD))

253

2012/C 377E/47

First radio spectrum policy programme ***IEuropean Parliament legislative resolution of 11 May 2011 on the proposal for a decision of the European Parliament and of the Council establishing the first radio spectrum policy programme (COM(2010)0471 – C7-0270/2010 – 2010/0252(COD))

258

P7_TC1-COD(2010)0252Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Decision No .../2011/EU of the European Parliament and of the Council establishing the first radio spectrum policy programme (
  1
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1

259

| Key to symbols used






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

Key to symbols used

*

Consultation procedure

**I

Cooperation procedure: first reading

**II

Cooperation procedure: second reading

***

Assent procedure

***I

Codecision procedure: first reading

***II

Codecision procedure: second reading

***III

Codecision procedure: third reading

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

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

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

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(1)   Text with EEA relevance

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EN

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I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament 2011-2012 SESSION Sittings of 10 to 12 May 2011 The Minutes of this session have been published in OJ C 227 E, 2.8.2011. TEXTS ADOPTED

Tuesday 10 May 2011

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/1 |
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7.12.2012

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Official Journal of the European Union

CE 377/1

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Tuesday 10 May 2011Proposed interim measures for the freezing and disclosure of debtors' assets in cross-border cases

P7_TA(2011)0193

European Parliament resolution of 10 May 2011 with recommendations to the Commission on proposed interim measures for the freezing and disclosure of debtors' assets in cross-border cases (2009/2169(INI))

2012/C 377 E/01

The European Parliament,

| — | having regard to Article 225 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 225 of the Treaty on the Functioning of the European Union,

| — | having regard to its resolution of 25 October 2007 on the Green Paper on improving the efficiency of the enforcement of judgments in the European Union: the attachment of bank accounts (1), |
| --- | --- |

—

having regard to its resolution of 25 October 2007 on the Green Paper on improving the efficiency of the enforcement of judgments in the European Union: the attachment of bank accounts (1),

| — | having regard to its resolution of 22 April 2009 on the effective enforcement of judgments in the European Union: the transparency of debtors' assets (2), |
| --- | --- |

—

having regard to its resolution of 22 April 2009 on the effective enforcement of judgments in the European Union: the transparency of debtors' assets (2),

| — | having regard to its resolution of 25 November 2009 on the Communication from the Commission to the European Parliament and the Council – An area of freedom, security and justice serving the citizen – Stockholm programme (3), |
| --- | --- |

—

having regard to its resolution of 25 November 2009 on the Communication from the Commission to the European Parliament and the Council – An area of freedom, security and justice serving the citizen – Stockholm programme (3),

| — | having regard to the Stockholm Programme for 2010-2014 – An open and secure Europe serving and protecting its citizens (4), adopted by the European Council on 10 December 2009 (5), and in particular point 3.4.2 thereof, |
| --- | --- |

—

having regard to the Stockholm Programme for 2010-2014 – An open and secure Europe serving and protecting its citizens (4), adopted by the European Council on 10 December 2009 (5), and in particular point 3.4.2 thereof,

| — | having regard to Rules 42 and 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 42 and 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Economic and Monetary Affairs (A7-0147/2011), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Economic and Monetary Affairs (A7-0147/2011),

| A. | whereas the Union's most important tool in promoting growth in the aftermath of the financial crisis is its internal market; whereas it is essential that the millions of businesses and citizens who make use of the internal market and of the right to live, work and travel throughout the EU have effective remedies in the event that they have a claim against another citizen or business, |
| --- | --- |

A.

whereas the Union's most important tool in promoting growth in the aftermath of the financial crisis is its internal market; whereas it is essential that the millions of businesses and citizens who make use of the internal market and of the right to live, work and travel throughout the EU have effective remedies in the event that they have a claim against another citizen or business,

| B. | whereas the internal market and the area of freedom, security and justice become a reality for citizens and businesses only where Union law, in particular in the area of civil justice, is effectively applied, from transposition and awareness-raising to application and enforcement, |
| --- | --- |

B.

whereas the internal market and the area of freedom, security and justice become a reality for citizens and businesses only where Union law, in particular in the area of civil justice, is effectively applied, from transposition and awareness-raising to application and enforcement,

| C. | whereas the current level of successful cross-border debt recovery is remarkably low, as regards both the assets of natural persons and those of undertakings; whereas this state of affairs discourages cross-border trade, sends a message of impunity to recalcitrant debtors and hinders the Union's economic performance, |
| --- | --- |

C.

whereas the current level of successful cross-border debt recovery is remarkably low, as regards both the assets of natural persons and those of undertakings; whereas this state of affairs discourages cross-border trade, sends a message of impunity to recalcitrant debtors and hinders the Union's economic performance,

| D. | whereas the cost of cross-border debt recovery is currently prohibitive for creditors in cases where a debtor has assets in several Member States; whereas the time has come to simplify and speed up this recovery process, |
| --- | --- |

D.

whereas the cost of cross-border debt recovery is currently prohibitive for creditors in cases where a debtor has assets in several Member States; whereas the time has come to simplify and speed up this recovery process,

| E. | whereas such prohibitive costs have a negative impact on the extension of cross-border loans and even cross-border commercial transactions, representing a major barrier for the full functioning of the internal market, |
| --- | --- |

E.

whereas such prohibitive costs have a negative impact on the extension of cross-border loans and even cross-border commercial transactions, representing a major barrier for the full functioning of the internal market,

| F. | whereas cross-border enforcement must be a priority in the internal market and courts must be able to act swiftly to order the freezing of the debtor's or alleged debtor's assets; whereas in the absence of such a facility rogue traders and others who deliberately seek to evade their responsibilities can move their assets to another jurisdiction, forcing citizens and small businesses who have already secured a court judgment to go before another Member State's courts in an effort to recover assets, |
| --- | --- |

F.

whereas cross-border enforcement must be a priority in the internal market and courts must be able to act swiftly to order the freezing of the debtor's or alleged debtor's assets; whereas in the absence of such a facility rogue traders and others who deliberately seek to evade their responsibilities can move their assets to another jurisdiction, forcing citizens and small businesses who have already secured a court judgment to go before another Member State's courts in an effort to recover assets,

| G. | whereas an order for the disclosure of information about assets is required, given the practical difficulties creditors face in accessing information on debtors from public or private sources in a cross-border context, |
| --- | --- |

G.

whereas an order for the disclosure of information about assets is required, given the practical difficulties creditors face in accessing information on debtors from public or private sources in a cross-border context,

| H. | whereas the legislative action requested in this resolution should be based on detailed impact assessments, as requested by Parliament, |
| --- | --- |

H.

whereas the legislative action requested in this resolution should be based on detailed impact assessments, as requested by Parliament,

| I. | whereas detailed information on the procedures for enforcing claims in every Member State should be available through the European e-Justice portal; whereas cooperation between enforcement authorities in the Member States should be stepped up in order to speed up debt recovery, |
| --- | --- |

I.

whereas detailed information on the procedures for enforcing claims in every Member State should be available through the European e-Justice portal; whereas cooperation between enforcement authorities in the Member States should be stepped up in order to speed up debt recovery,

| J. | whereas the instruments proposed should complement existing Union law and initiatives, in particular Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (6), Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (7), Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (8), Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (9), and the European e-Justice portal, |
| --- | --- |

J.

whereas the instruments proposed should complement existing Union law and initiatives, in particular Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (6), Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (7), Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (8), Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (9), and the European e-Justice portal,

| K. | whereas the instruments should be simple and should avoid delay and unnecessary expense; whereas they must be available where appropriate ex parte, with ‘surprise effect’; whereas debtors' and alleged debtors' rights should be correspondingly safeguarded in order to avoid any misuse of the measures requested, |
| --- | --- |

K.

whereas the instruments should be simple and should avoid delay and unnecessary expense; whereas they must be available where appropriate ex parte, with ‘surprise effect’; whereas debtors' and alleged debtors' rights should be correspondingly safeguarded in order to avoid any misuse of the measures requested,

| 1. | Requests the Commission swiftly to submit to Parliament, on the basis of Article 81(2) of the Treaty on the Functioning of the European Union, legislative proposals on measures for the freezing and disclosure of debtors' and alleged debtors' assets in cross-border cases, following the detailed recommendations below; |
| --- | --- |

1.

Requests the Commission swiftly to submit to Parliament, on the basis of Article 81(2) of the Treaty on the Functioning of the European Union, legislative proposals on measures for the freezing and disclosure of debtors' and alleged debtors' assets in cross-border cases, following the detailed recommendations below;

| 2. | Confirms that the recommendations respect the principle of subsidiarity and the fundamental rights of citizens; |
| --- | --- |

2.

Confirms that the recommendations respect the principle of subsidiarity and the fundamental rights of citizens;

| 3. | Considers that the requested proposal does not have financial implications for the Union budget; |
| --- | --- |

3.

Considers that the requested proposal does not have financial implications for the Union budget;

| 4. | Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council. |
| --- | --- |

4.

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

---

(1)  OJ C 263 E, 16.10.2008, p. 655.

(2)  OJ C 184 E, 8.7.2010, p. 7.

(3)  OJ C 285 E, 21.10.2010, p. 12.

(4)  OJ C 115, 4.5.2010, p. 1.

(5)  European Council Conclusions – 10-11 December 2009 – EUCO 6/09.

(6)  OJ L 48, 23.2.2011, p. 1.

(7)  OJ L 12, 16.1.2001, p. 1.

(8)  OJ L 399, 30.12.2006, p. 1.

(9)  OJ L 199, 31.7.2007, p. 1.

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Tuesday 10 May 2011ANNEX

DETAILED RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

Recommendation 1 (on the form and nature of the instruments to be adopted)

The European Parliament requests the following instruments: a European order for the preservation of assets (EOPA) and a European order for the disclosure of assets (EODA). The form of Union action should be that of a regulation. Both instruments should be free-standing remedies additional to those available under national law. They should apply only in cross-border cases.

Recommendation 2 (on jurisdiction to issue such an order)

The European Parliament considers that the requested instruments should contain uniform jurisdictional rules specifying which national courts are competent to issue them. Those uniform rules should take into account the fact that the court having substantive jurisdiction under Council Regulation (EC) No 44/2001 (1) is generally best placed to deal with such orders. They should also take into account the stage reached in the main proceedings in the course of which the order is requested.

Recommendation 3 (on jurisdiction to hear oppositions to the orders)

The European Parliament considers that the court which has initiated the EOPA or EODA should have exclusive jurisdiction to hear oppositions to it where such oppositions are to the EU-wide effect of an order. Where the opposition is to the effect of an order in a specific Member State other than the one of the initiating court, this rule could be tempered, in order to protect debtors, alleged debtors and third parties, by also conferring jurisdiction on the courts of the Member State in which the assets are located. The grounds for opposition to the orders should be listed exhaustively in the instruments requested.

Recommendation 4 (on the standard form for requesting the orders and on reporting)

The European Parliament considers that both orders should be requestable via a standard multilingual form, including through the European e-Justice portal. The form should be as simple as possible. Communication should also be standardised in connection with the execution of the orders (e.g. in the case of the EOPA: the response of the bank to the enforcement authority as to the success of the attachment, the notification of the debtor, etc.).

Recommendation 5 (on reporting)

The Commission should be under an obligation to report on the implementation of the requested instruments and, in particular, on their uptake.

Recommendation 6 (on the stage of the main proceedings at which such an order may be sought)

The European Parliament is of the opinion that it is essential to be able to obtain an EOPA ex parte, that is, without initial notice being served on the party whose assets are concerned. The order should be available before, during, and after the main proceedings.

Recommendation 7 (on the case to be made out by the creditor)

The European Parliament considers that the granting of an EOPA by a national court should be discretionary. Furthermore, the burden of proof should be on the claimant to make a good prima facie case (fumus boni juris) and to establish urgency (periculum in mora). These criteria should be assessed by national courts on the basis of the existing case-law of the Court of Justice.

Recommendation 8 (on the minimum amount of information necessary to issue an EOPA)

The European Parliament is of the opinion that precise information concerning the debtor or alleged debtor, as opposed to actual bank account numbers, should be sufficient. Such information should be sufficient to prevent confusion in the case of homonymy.

Recommendation 9 (on the enforceability of such an order)

If the order has been obtained prior to a judgment establishing a debt, as is most often the case, it should be enforceable throughout the EU subject to minimal necessary intermediate measures. By contrast, if the order has been obtained after a judgment establishing a debt, then it should be enforceable throughout the EU without any intermediate measures being required.

Recommendation 10 (on the effect of such an order)

The European Parliament is of the opinion that the effect of the EOPA must be confined to the attachment of bank accounts and the temporary freezing of bank deposits, and should not grant the creditor any form of ownership of the assets. Further consideration should be given to the issue of whether the order could cover other types of assets, such as immovable property or future assets (a claim about to become payable or an inheritance).

The EOPA should affect no more bank accounts than necessary, and should be limited to the amount of the debt, plus any legal fees and interest. It should be possible for the initiating court to limit the order in time on a case-by-case basis, taking the merits of each case into account.

Recommendation 11 (on the processing of EOPAs)

The European Parliament would prefer the use of an electronic transmission system linking the issuing court with the bank holding the accounts, accessible via the European e-Justice portal, but remains open to all alternatives.

The European Parliament is of the opinion that the EOPA should impose on banks an obligation to give effect to the order immediately (i.e. within certain strictly defined time-limits) and a further obligation to inform the enforcement authority of the success or failure of any attachment. This processing should comply with applicable data protection rules.

The European Parliament urges the Commission to design the requested instrument in such a way as to minimise the cost of its use. Given the substantial differences in the cost of bank attachments between Member States, consideration should be given to the issue of whether the requested instrument should aim to harmonise such costs, or whether it should leave a decision on their level to Member States. In any event, such costs should not exceed a maximum set in the regulation, should be transparent and non-discriminatory, should reflect the actual costs incurred and should take into account the establishment of the Single Euro Payments Area and the fact that such procedures should be standardised as much as possible.

The European Parliament calls for detailed consideration to be given to the issue of who should bear the cost of processing an EOPA, including an examination of best practices at national and regional level.

Recommendation 12 (on procedural safeguards for debtors and alleged debtors)

The European Parliament considers that the requested instrument should include a comprehensive set of safeguards for debtors and alleged debtors:

| A. | When requested prior to a judgment establishing a debt, the granting of an EOPA should be conditional on the claimant providing security or other guarantees at the discretion of the initiating court, in order to compensate the defendant and any third parties for any damage suffered. The defendant should be able to terminate the EOPA by providing security. Member States should ensure that these provisions do not constitute a barrier to access for those with limited financial means. |
| --- | --- |

A.

When requested prior to a judgment establishing a debt, the granting of an EOPA should be conditional on the claimant providing security or other guarantees at the discretion of the initiating court, in order to compensate the defendant and any third parties for any damage suffered. The defendant should be able to terminate the EOPA by providing security. Member States should ensure that these provisions do not constitute a barrier to access for those with limited financial means.

| B. | If an EOPA is granted without notice (ex parte), the defendant should be notified formally and given all information required to prepare an opposition to the order without delay after execution. |
| --- | --- |

B.

If an EOPA is granted without notice (ex parte), the defendant should be notified formally and given all information required to prepare an opposition to the order without delay after execution.

| C. | The defendant should have a right to submit an ex post opposition to an EOPA. Grounds for such an opposition should be harmonised in the requested instrument. Jurisdiction to hear such an opposition should also be harmonised in the instrument. |
| --- | --- |

C.

The defendant should have a right to submit an ex post opposition to an EOPA. Grounds for such an opposition should be harmonised in the requested instrument. Jurisdiction to hear such an opposition should also be harmonised in the instrument.

| D. | A clear time frame should be set for the EOPA. In particular, if main proceedings have not yet been brought, a time-limit for so doing should be set by the issuing court. |
| --- | --- |

D.

A clear time frame should be set for the EOPA. In particular, if main proceedings have not yet been brought, a time-limit for so doing should be set by the issuing court.

| E. | The instrument should take due account of the diversity of practices at domestic level concerning debtor hardship, including existing thresholds below which the bank account of a natural person cannot be attached. Such matters should therefore be left to the law of the debtor's or alleged debtor's Member State of habitual residence. However, to increase legal certainty for creditors, Member States should be under an obligation to communicate to the Commission information on the existence of such exemptions, which would be made public. |
| --- | --- |

E.

The instrument should take due account of the diversity of practices at domestic level concerning debtor hardship, including existing thresholds below which the bank account of a natural person cannot be attached. Such matters should therefore be left to the law of the debtor's or alleged debtor's Member State of habitual residence. However, to increase legal certainty for creditors, Member States should be under an obligation to communicate to the Commission information on the existence of such exemptions, which would be made public.

| F. | The EOPA should stipulate that the creditor enforces an EOPA at his own risk and may be liable to compensate the debtor for any damage suffered as a result of the enforcement measures. |
| --- | --- |

F.

The EOPA should stipulate that the creditor enforces an EOPA at his own risk and may be liable to compensate the debtor for any damage suffered as a result of the enforcement measures.

Recommendation 13 (on the nature of such an order)

The European Parliament considers that it should be possible to seek the order at least following a judgment establishing a debt. The Commission should consider whether the order should be available at an earlier stage in the proceedings, for instance when the court having jurisdiction on the substance considers that there is a real risk that its judgment would not be satisfied, and what corresponding safeguards should be put in place.

The European Parliament further considers that each Member State should be required to decide which authority or authorities are competent to initiate an EODA. Such designated authorities would be able to issue EODAs on a case-by-case basis, taking into account the circumstances of each case.

Recommendation 14 (on the material scope of such an order)

The European Parliament considers that debtors should as a general rule be required to disclose all assets located within the area of freedom, security and justice, in order to give the creditor the widest possible choice of action.

Recommendation 15 (on the enforceability of such an order)

The European Parliament considers that only the court or authority which has initiated the EODA should be able to modify it or set it aside. Such an order should be enforceable throughout the EU without any intermediate measures being required.

Recommendation 16 (on procedural safeguards for debtors and alleged debtors)

The European Parliament considers that the requested instrument should include a comprehensive set of safeguards for debtors:

| A. | The instrument should strike an appropriate balance between the right to the protection of personal data, as guaranteed by Directive 95/46/EC and as enshrined in the Charter of Fundamental Rights of the European Union, and the effective enforcement of judgments. In particular, safeguards should be put in place to protect the information disclosed as a result of an EODA and to prevent its misuse. |
| --- | --- |

A.

The instrument should strike an appropriate balance between the right to the protection of personal data, as guaranteed by Directive 95/46/EC and as enshrined in the Charter of Fundamental Rights of the European Union, and the effective enforcement of judgments. In particular, safeguards should be put in place to protect the information disclosed as a result of an EODA and to prevent its misuse.

| B. | The EODA should stipulate that the creditor enforces it at his own risk and may be liable to compensate the debtor for any damage suffered as a result of the disclosure. |
| --- | --- |

B.

The EODA should stipulate that the creditor enforces it at his own risk and may be liable to compensate the debtor for any damage suffered as a result of the disclosure.

| C. | Full payment of the debt must lead to the EODA being immediately set aside, including upon a unilateral application by the debtor providing proof that the debt has been settled. |
| --- | --- |

C.

Full payment of the debt must lead to the EODA being immediately set aside, including upon a unilateral application by the debtor providing proof that the debt has been settled.

Recommendation 17 (on penalties for incorrect statements in the declaration)

The European Parliament considers that the requested instrument should set out a framework of penalties for non-compliance or false statements, in order to achieve effective and uniform compliance with the order throughout the area of freedom, security and justice.

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(1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 12, 16.1.2001, p. 1).

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Wednesday 11 May 2011

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/7 |
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7.12.2012

EN

Official Journal of the European Union

CE 377/7

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Wednesday 11 May 2011Corporate governance in financial institutions

P7_TA(2011)0223

European Parliament resolution of 11 May 2011 on corporate governance in financial institutions (2010/2303(INI))

2012/C 377 E/02

The European Parliament,

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to Directive 2010/76/EU of the European Parliament and of the Council of 24 November 2010 amending Directives 2006/48/EC and 2006/49/EC as regards capital requirements for the trading book and for re-securitisations, and the supervisory review of remuneration policies (1), |
| --- | --- |

—

having regard to Directive 2010/76/EU of the European Parliament and of the Council of 24 November 2010 amending Directives 2006/48/EC and 2006/49/EC as regards capital requirements for the trading book and for re-securitisations, and the supervisory review of remuneration policies (1),

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Legal Affairs and of the Committee on the Internal Market and Consumer Protection (A7-0074/2011), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Legal Affairs and of the Committee on the Internal Market and Consumer Protection (A7-0074/2011),

Approach

| 1. | Welcomes the Commission’s Green Paper and the opportunity to improve corporate governance structures throughout the EU; |
| --- | --- |

1.

Welcomes the Commission’s Green Paper and the opportunity to improve corporate governance structures throughout the EU;

| 2. | Emphasises that the proper functioning of the internal market depends on the stability of the financial system and, related to this, on the trust put by European citizens and consumers in financial institutions and transactions; notes that the remuneration systems used to date have led to inappropriate structures; |
| --- | --- |

2.

Emphasises that the proper functioning of the internal market depends on the stability of the financial system and, related to this, on the trust put by European citizens and consumers in financial institutions and transactions; notes that the remuneration systems used to date have led to inappropriate structures;

| 3. | Is aware that in the wake of the financial crisis it has become clear that the quality of consumer protection and safeguards in the financial services sector requires tangible and strong improvement, particularly as regards the monitoring and supervisory aspects; |
| --- | --- |

3.

Is aware that in the wake of the financial crisis it has become clear that the quality of consumer protection and safeguards in the financial services sector requires tangible and strong improvement, particularly as regards the monitoring and supervisory aspects;

| 4. | Believes that the financial sector should meet the needs of the real economy, help to promote sustainable growth and display the greatest possible degree of social responsibility; |
| --- | --- |

4.

Believes that the financial sector should meet the needs of the real economy, help to promote sustainable growth and display the greatest possible degree of social responsibility;

| 5. | Notes that during the recent financial crisis many financial institutions around the world failed at great cost to the taxpayer; believes that the Commission is right to examine every possible cause of failure in financial institutions in order to prevent another crisis occurring; |
| --- | --- |

5.

Notes that during the recent financial crisis many financial institutions around the world failed at great cost to the taxpayer; believes that the Commission is right to examine every possible cause of failure in financial institutions in order to prevent another crisis occurring;

| 6. | Notes a lack of values and ethics in the behaviour of some actors in financial markets and institutions; underlines that financial markets and institutions have to take into account, as part of their corporate social responsibility, the interests of all parties involved, including clients, shareholders and employees; |
| --- | --- |

6.

Notes a lack of values and ethics in the behaviour of some actors in financial markets and institutions; underlines that financial markets and institutions have to take into account, as part of their corporate social responsibility, the interests of all parties involved, including clients, shareholders and employees;

| 7. | Notes that the US Sarbanes-Oxley Act was ineffective in protecting US institutions during the financial crisis, whilst at the same time increasing compliance costs for all listed companies, in particular SMEs, reducing competitiveness and hampering the creation of new listed companies; emphasises that present economic circumstances and the need for growth make it imperative to avoid an EU 'Sarbanes-Oxley' effect; |
| --- | --- |

7.

Notes that the US Sarbanes-Oxley Act was ineffective in protecting US institutions during the financial crisis, whilst at the same time increasing compliance costs for all listed companies, in particular SMEs, reducing competitiveness and hampering the creation of new listed companies; emphasises that present economic circumstances and the need for growth make it imperative to avoid an EU 'Sarbanes-Oxley' effect;

| 8. | Notes the diversity of corporate governance structures throughout the European Union and the diversity of approaches that Member States take in regulating these structures; recognises that a ‘one size fits all’ approach would be inappropriate and damaging to the competitiveness of financial institutions; observes that national supervisors have an understanding of these diverse approaches and are in many instances best placed to take decisions following EU principles; stresses nonetheless that strong minimum standards are required to ensure good governance across the financial sector in the EU; |
| --- | --- |

8.

Notes the diversity of corporate governance structures throughout the European Union and the diversity of approaches that Member States take in regulating these structures; recognises that a ‘one size fits all’ approach would be inappropriate and damaging to the competitiveness of financial institutions; observes that national supervisors have an understanding of these diverse approaches and are in many instances best placed to take decisions following EU principles; stresses nonetheless that strong minimum standards are required to ensure good governance across the financial sector in the EU;

| 9. | Recognises that the area of corporate governance is constantly evolving; believes that a proportionate approach combining both targeted principle-based regulations and flexible 'comply or explain' codes of best practice on an equal footing is appropriate; stresses that it must be complemented by regular external evaluation and appropriate regulatory oversight; |
| --- | --- |

9.

Recognises that the area of corporate governance is constantly evolving; believes that a proportionate approach combining both targeted principle-based regulations and flexible 'comply or explain' codes of best practice on an equal footing is appropriate; stresses that it must be complemented by regular external evaluation and appropriate regulatory oversight;

| 10. | Believes that in other areas a procedure of enhanced ‘comply or explain’ with scrutiny may nevertheless be more appropriate with specific legislative requirements and more intrusive checks into compliance or variation, and that both qualitative and quantitative assessment is required so that compliance does not degenerate into a box-ticking exercise; |
| --- | --- |

10.

Believes that in other areas a procedure of enhanced ‘comply or explain’ with scrutiny may nevertheless be more appropriate with specific legislative requirements and more intrusive checks into compliance or variation, and that both qualitative and quantitative assessment is required so that compliance does not degenerate into a box-ticking exercise;

| 11. | Requests that the Commission subject every proposal it considers to improve corporate governance to a cost-benefit impact assessment which focuses on the need to keep financial institutions strong, stable and competitive so that they can help deliver economic growth, whilst also taking into account the impact of not regulating on financial stability and the real economy; |
| --- | --- |

11.

Requests that the Commission subject every proposal it considers to improve corporate governance to a cost-benefit impact assessment which focuses on the need to keep financial institutions strong, stable and competitive so that they can help deliver economic growth, whilst also taking into account the impact of not regulating on financial stability and the real economy;

Risk

| 12. | Notes the failure of some financial institutions and supervisors to appreciate that the nature, scale and complexity of the risk they had incurred contributed to the financial crisis; believes that effective risk governance is
  a
  major essential element in preventing future crises; |
| --- | --- |

12.

Notes the failure of some financial institutions and supervisors to appreciate that the nature, scale and complexity of the risk they had incurred contributed to the financial crisis; believes that effective risk governance is
  a
  major essential element in preventing future crises;

| 13. | Calls for the establishment in all financial institutions of an effective governance system, with adequate risk management, compliance, internal audit functions (and, in the case of insurers, actuarial functions), strategies, policies, processes and procedures; |
| --- | --- |

13.

Calls for the establishment in all financial institutions of an effective governance system, with adequate risk management, compliance, internal audit functions (and, in the case of insurers, actuarial functions), strategies, policies, processes and procedures;

| 14. | Stresses that risk is intrinsic and necessary in the financial sector in the interests of providing liquidity, fostering competitiveness and helping deliver economic growth and jobs; a thorough understanding and appreciation of risk on the part of boards is absolutely vital in order to avoid a future financial crisis; |
| --- | --- |

14.

Stresses that risk is intrinsic and necessary in the financial sector in the interests of providing liquidity, fostering competitiveness and helping deliver economic growth and jobs; a thorough understanding and appreciation of risk on the part of boards is absolutely vital in order to avoid a future financial crisis;

| 15. | Calls for the establishment of mandatory risk committees or equivalent arrangements at board level for all economically significant financial institutions and at parent company board level for all economically significant financial groups; EU supervisors in consultation with the relevant national authorities should establish ‘fit and proper persons’ criteria and processes for senior officers and all material risk takers to be implemented by the financial institution, and national authorities should ensure compliance with these criteria; |
| --- | --- |

15.

Calls for the establishment of mandatory risk committees or equivalent arrangements at board level for all economically significant financial institutions and at parent company board level for all economically significant financial groups; EU supervisors in consultation with the relevant national authorities should establish ‘fit and proper persons’ criteria and processes for senior officers and all material risk takers to be implemented by the financial institution, and national authorities should ensure compliance with these criteria;

| 16. | Believes that the risk committee or other equivalent body should have responsibility for oversight and for advising the board on the current risk exposures of the financial institution concerned and should advise on future risk strategy, including strategy for capital and liquidity management, taking into account financial stability assessments developed by supervisors and national banks; |
| --- | --- |

16.

Believes that the risk committee or other equivalent body should have responsibility for oversight and for advising the board on the current risk exposures of the financial institution concerned and should advise on future risk strategy, including strategy for capital and liquidity management, taking into account financial stability assessments developed by supervisors and national banks;

| 17. | Stresses that ultimate responsibility for risk governance lies with the board, which must also take responsibility for demonstrating compliance and the formulation of recovery plans; |
| --- | --- |

17.

Stresses that ultimate responsibility for risk governance lies with the board, which must also take responsibility for demonstrating compliance and the formulation of recovery plans;

| 18. | Emphasises that in any institution the running of disproportionate risks is incompatible with the most important responsibility of the members of its board, namely a long-term and sustainable business strategy; |
| --- | --- |

18.

Emphasises that in any institution the running of disproportionate risks is incompatible with the most important responsibility of the members of its board, namely a long-term and sustainable business strategy;

| 19. | Believes that firms should establish an internal procedure, reviewed by the supervisor, to address conflicts which may arise between their risk management and operational units; in addition, there should be an obligation for the board of directors to inform the supervisory authorities of any material risks they are aware of; |
| --- | --- |

19.

Believes that firms should establish an internal procedure, reviewed by the supervisor, to address conflicts which may arise between their risk management and operational units; in addition, there should be an obligation for the board of directors to inform the supervisory authorities of any material risks they are aware of;

| 20. | Is in favour of establishing paths to channel information on internal conflicts or inappropriate practices in a company to the risk committee or external supervisors, recognising also that practices sometimes differ from policies and management is not always aware of real practices; |
| --- | --- |

20.

Is in favour of establishing paths to channel information on internal conflicts or inappropriate practices in a company to the risk committee or external supervisors, recognising also that practices sometimes differ from policies and management is not always aware of real practices;

| 21. | Points out that the communication system between the risk management function and the board of directors should be improved by setting up a procedure for referring conflicts/problems to the hierarchy for resolution; |
| --- | --- |

21.

Points out that the communication system between the risk management function and the board of directors should be improved by setting up a procedure for referring conflicts/problems to the hierarchy for resolution;

| 22. | Underlines that the CRO should have direct access to the board of the company; in order to ensure his independence and objectivity is not compromised, his appointment and dismissal will be decided by the whole board; |
| --- | --- |

22.

Underlines that the CRO should have direct access to the board of the company; in order to ensure his independence and objectivity is not compromised, his appointment and dismissal will be decided by the whole board;

| 23. | Suggests also that procedures should be established for recording when the risk committee is over-ruled and the records provided to auditors and supervisors; |
| --- | --- |

23.

Suggests also that procedures should be established for recording when the risk committee is over-ruled and the records provided to auditors and supervisors;

| 24. | Notes the Transparency Directive, which requires institutions to disclose principal risks in their business review, and the Fourth Company Law Directive, which requires institutions to describe their internal control systems relating to financial reporting risks; observes that financial institutions should be required to disclose recovery planning and supervisory reports thereon; |
| --- | --- |

24.

Notes the Transparency Directive, which requires institutions to disclose principal risks in their business review, and the Fourth Company Law Directive, which requires institutions to describe their internal control systems relating to financial reporting risks; observes that financial institutions should be required to disclose recovery planning and supervisory reports thereon;

| 25. | Takes the view that it should be mandatory for financial institutions to draft an annual report – involving as little bureaucracy as possible – on the adequacy and effectiveness of their internal control systems and for their board of directors to adopt that report; takes the view, further, that it should likewise be mandatory for the annual report drawn up by a financial institution’s external auditors to contain a similar assessment; stresses, however, that a ‘Sarbanes-Oxley effect’ must be avoided in the EU; |
| --- | --- |

25.

Takes the view that it should be mandatory for financial institutions to draft an annual report – involving as little bureaucracy as possible – on the adequacy and effectiveness of their internal control systems and for their board of directors to adopt that report; takes the view, further, that it should likewise be mandatory for the annual report drawn up by a financial institution’s external auditors to contain a similar assessment; stresses, however, that a ‘Sarbanes-Oxley effect’ must be avoided in the EU;

| 26. | Takes the view that closer attention should be paid to the implementation of measures to raise risk awareness in financial institutions, as increased awareness of risk at all levels of the institution – and amongst its employees – is a decisive factor in improving risk management; |
| --- | --- |

26.

Takes the view that closer attention should be paid to the implementation of measures to raise risk awareness in financial institutions, as increased awareness of risk at all levels of the institution – and amongst its employees – is a decisive factor in improving risk management;

| 27. | Agrees that it is necessary to strengthen measures at EU level to prevent conflicts of interest in order to safeguard the objectivity and independence of judgement of board members across the banking, securities and insurance sectors; |
| --- | --- |

27.

Agrees that it is necessary to strengthen measures at EU level to prevent conflicts of interest in order to safeguard the objectivity and independence of judgement of board members across the banking, securities and insurance sectors;

Boards of directors

| 28. | Calls on EU supervisors in consultation with the relevant national authorities to develop competence criteria for a ‘fit and proper person’ test, by which to assess the suitability of individuals for controlled functions, taking into account the nature, complexity and size of the financial institution; supervisors must perform their assessments and approvals procedure in a timely and efficient manner with due regard for the judgement of regulated firms; for major and systemically relevant financial institutions, supervisors should perform intrusive checks as to the fitness, expertise and diversity of directors both individually and collectively and their suitability in relation to the appointment, and for directors the wider composition of the governing body and their time commitment, taking into account their other activities; |
| --- | --- |

28.

Calls on EU supervisors in consultation with the relevant national authorities to develop competence criteria for a ‘fit and proper person’ test, by which to assess the suitability of individuals for controlled functions, taking into account the nature, complexity and size of the financial institution; supervisors must perform their assessments and approvals procedure in a timely and efficient manner with due regard for the judgement of regulated firms; for major and systemically relevant financial institutions, supervisors should perform intrusive checks as to the fitness, expertise and diversity of directors both individually and collectively and their suitability in relation to the appointment, and for directors the wider composition of the governing body and their time commitment, taking into account their other activities;

| 29. | Calls on the Commission to develop legislation requiring large financial institutions to submit their boards to regular external evaluation aimed at ensuring not only high standards of contributions by individual directors, but also that the board as a whole and its committees are in a position to deliver on the institution's strategic objectives and management of the risk; requires large financial institutions to confirm in their annual reports that they have undertaken such an evaluation, the name of the external evaluator, a description of the scope of the evaluation and that they have acted on the latter’s recommendations; calls on the ESAs to develop guidance on the scope of such evaluations in consultation with the industry, shareholders and regulators; |
| --- | --- |

29.

Calls on the Commission to develop legislation requiring large financial institutions to submit their boards to regular external evaluation aimed at ensuring not only high standards of contributions by individual directors, but also that the board as a whole and its committees are in a position to deliver on the institution's strategic objectives and management of the risk; requires large financial institutions to confirm in their annual reports that they have undertaken such an evaluation, the name of the external evaluator, a description of the scope of the evaluation and that they have acted on the latter’s recommendations; calls on the ESAs to develop guidance on the scope of such evaluations in consultation with the industry, shareholders and regulators;

| 30. | Believes the role of the CEO and Chairman should be separated, but notes that there are circumstances when a combined role could be necessary in the short term; emphasises also that corporate management and remuneration policies must comply with and foster the principles of wage parity and equal treatment of women and men established by the Treaties and by EU directives; |
| --- | --- |

30.

Believes the role of the CEO and Chairman should be separated, but notes that there are circumstances when a combined role could be necessary in the short term; emphasises also that corporate management and remuneration policies must comply with and foster the principles of wage parity and equal treatment of women and men established by the Treaties and by EU directives;

| 31. | Believes that on a collective basis members of unitary or supervisory boards should possess recent and relevant professional qualifications, knowledge and experience, including financial, for jointly piloting the financial undertaking; requires all economically significant financial institutions to have non-executive board members; believes, however, that every financial institution should have a board with a diversity of experience, expertise and character so as to provide sound and prudent management and that appointments should be made on merit; |
| --- | --- |

31.

Believes that on a collective basis members of unitary or supervisory boards should possess recent and relevant professional qualifications, knowledge and experience, including financial, for jointly piloting the financial undertaking; requires all economically significant financial institutions to have non-executive board members; believes, however, that every financial institution should have a board with a diversity of experience, expertise and character so as to provide sound and prudent management and that appointments should be made on merit;

| 32. | Emphasises that greater diversity among the members of boards of directors will reduce the financial sector’s vulnerability to crises and contribute to economic stability; calls on the Commission to submit a plan to bring about phased increases in gender diversity with the aim of achieving at least 30 % representation for each gender on the boards of directors of financial institutions, to ensure that this target is met within a foreseeable period and to consider measures to strengthen diversity in terms of professional, social and cultural background; |
| --- | --- |

32.

Emphasises that greater diversity among the members of boards of directors will reduce the financial sector’s vulnerability to crises and contribute to economic stability; calls on the Commission to submit a plan to bring about phased increases in gender diversity with the aim of achieving at least 30 % representation for each gender on the boards of directors of financial institutions, to ensure that this target is met within a foreseeable period and to consider measures to strengthen diversity in terms of professional, social and cultural background;

| 33. | Emphasises that greater diversity among the members of boards is likely to improve the quality of debate and decision-making; |
| --- | --- |

33.

Emphasises that greater diversity among the members of boards is likely to improve the quality of debate and decision-making;

| 34. | Emphasises the importance of employee representatives being on the board of directors, in particular in view of their long-term interest in the sustainable management of the institution and because of their experience and knowledge of its internal structures; |
| --- | --- |

34.

Emphasises the importance of employee representatives being on the board of directors, in particular in view of their long-term interest in the sustainable management of the institution and because of their experience and knowledge of its internal structures;

| 35. | Considers that publicly owned financial institutions and financial authorities must ensure open and independent appointment processes; |
| --- | --- |

35.

Considers that publicly owned financial institutions and financial authorities must ensure open and independent appointment processes;

| 36. | Stresses that directors must devote sufficient time to the performance of their duties, the guidelines for which should be developed by EU supervisory bodies and be monitored by the board and national supervisory bodies; |
| --- | --- |

36.

Stresses that directors must devote sufficient time to the performance of their duties, the guidelines for which should be developed by EU supervisory bodies and be monitored by the board and national supervisory bodies;

| 37. | Believes that there should be a presumption against any person serving on an excessive number of boards of directors of different financial groups; |
| --- | --- |

37.

Believes that there should be a presumption against any person serving on an excessive number of boards of directors of different financial groups;

| 38. | Calls for efficient implementation of the rules on consultation and employee participation systems opted for in the context of Directive 2001/86/EC supplementing the Statute for a European Company; |
| --- | --- |

38.

Calls for efficient implementation of the rules on consultation and employee participation systems opted for in the context of Directive 2001/86/EC supplementing the Statute for a European Company;

| 39. | Is of the opinion that both senior management and the board of directors should be actually accountable and liable for the setting up and application of corporate governance principles at all levels of the company/corporation; |
| --- | --- |

39.

Is of the opinion that both senior management and the board of directors should be actually accountable and liable for the setting up and application of corporate governance principles at all levels of the company/corporation;

| 40. | Regards a clearly defined European minimum standard for the accountability of the members of the boards of directors of financial institutions as necessary; |
| --- | --- |

40.

Regards a clearly defined European minimum standard for the accountability of the members of the boards of directors of financial institutions as necessary;

| 41. | Notes that the European Central Bank, the European Investment Bank, the European Investment Fund and the central banks of all Member States are led by male governors; notes that only very few women are currently represented in governing positions within the central banks of the Member States and of the financial institutions; |
| --- | --- |

41.

Notes that the European Central Bank, the European Investment Bank, the European Investment Fund and the central banks of all Member States are led by male governors; notes that only very few women are currently represented in governing positions within the central banks of the Member States and of the financial institutions;

| 42. | Believes that directors should have a general duty of care and be obliged to report material risks to supervisors; |
| --- | --- |

42.

Believes that directors should have a general duty of care and be obliged to report material risks to supervisors;

| 43. | Invites the Commission and Member States to take gender-balanced measures as regards the appointment of governors within the financial institutions and bodies of the European Union; |
| --- | --- |

43.

Invites the Commission and Member States to take gender-balanced measures as regards the appointment of governors within the financial institutions and bodies of the European Union;

| 44. | Encourages the Commission to promote policies which can help companies in the financial sector in today's economic environment to value and manage a more balanced representation of men and women in the decision-making bodies; |
| --- | --- |

44.

Encourages the Commission to promote policies which can help companies in the financial sector in today's economic environment to value and manage a more balanced representation of men and women in the decision-making bodies;

| 45. | Emphasises that corporate management and remuneration policies must comply with and foster the principles of wage parity and equal treatment of women and men established by the Treaties and by EU directives; |
| --- | --- |

45.

Emphasises that corporate management and remuneration policies must comply with and foster the principles of wage parity and equal treatment of women and men established by the Treaties and by EU directives;

Remuneration

| 46. | Believes that remuneration policies must be based on the long-term performance of the individual and their firm to ensure remuneration policies do not contribute to excessive risk-taking, and that remuneration policies or payments should never undermine the stability of a firm; |
| --- | --- |

46.

Believes that remuneration policies must be based on the long-term performance of the individual and their firm to ensure remuneration policies do not contribute to excessive risk-taking, and that remuneration policies or payments should never undermine the stability of a firm;

| 47. | Welcomes the changes to remuneration policy that have already been introduced by financial institutions, whereby bonuses are linked to the long-term success of the business and only paid out after three years at the earliest; also welcomes the fact that it is possible to demand repayment of bonuses if economic objectives have not been met; |
| --- | --- |

47.

Welcomes the changes to remuneration policy that have already been introduced by financial institutions, whereby bonuses are linked to the long-term success of the business and only paid out after three years at the earliest; also welcomes the fact that it is possible to demand repayment of bonuses if economic objectives have not been met;

| 48. | Stresses that all share options must be properly disclosed and have vesting periods of at least three years; considers that greater use should be made of contingent capital instruments rather than shares, as they have less conflict of interest in inducing short termism; |
| --- | --- |

48.

Stresses that all share options must be properly disclosed and have vesting periods of at least three years; considers that greater use should be made of contingent capital instruments rather than shares, as they have less conflict of interest in inducing short termism;

| 49. | Notes that the issue of remuneration in financial institutions has been dealt with in CRD III; |
| --- | --- |

49.

Notes that the issue of remuneration in financial institutions has been dealt with in CRD III;

| 50. | Stresses the importance of a strict remuneration policy as foreseen in the Capital Requirements Directive (CRD III) and Solvency II; expects these and other existing legislative measures to be rapidly implemented between 2011 and 2013; calls upon the Commission to publish an evaluation report in 2015; |
| --- | --- |

50.

Stresses the importance of a strict remuneration policy as foreseen in the Capital Requirements Directive (CRD III) and Solvency II; expects these and other existing legislative measures to be rapidly implemented between 2011 and 2013; calls upon the Commission to publish an evaluation report in 2015;

| 51. | Acknowledges that structural approaches differ among Member States; encourages practices which strengthen corporate governance according to the legal form, size, nature, complexity and business model of the financial institution; |
| --- | --- |

51.

Acknowledges that structural approaches differ among Member States; encourages practices which strengthen corporate governance according to the legal form, size, nature, complexity and business model of the financial institution;

| 52. | Notes that the application of existing recommendations for the remuneration of directors of listed companies is neither uniform nor satisfactory; calls therefore on the Commission to come forward with legislation at EU level on remuneration for directors of listed companies in order to ensure that the structure of remuneration in listed companies does not encourage excessive risk-taking, as well as to ensure a level playing field in the EU; |
| --- | --- |

52.

Notes that the application of existing recommendations for the remuneration of directors of listed companies is neither uniform nor satisfactory; calls therefore on the Commission to come forward with legislation at EU level on remuneration for directors of listed companies in order to ensure that the structure of remuneration in listed companies does not encourage excessive risk-taking, as well as to ensure a level playing field in the EU;

| 53. | Highlights in particular concerns that shareholders cannot and do not currently exercise due control over remuneration policies in financial institutions; |
| --- | --- |

53.

Highlights in particular concerns that shareholders cannot and do not currently exercise due control over remuneration policies in financial institutions;

| 54. | Insists that full transparency is necessary for shareholders to be able to conduct proper oversight of remuneration policies, and calls in particular for the publication of the number of staff in each institution receiving total remuneration greater than EUR 1 million, in bands of at least EUR 1 million; |
| --- | --- |

54.

Insists that full transparency is necessary for shareholders to be able to conduct proper oversight of remuneration policies, and calls in particular for the publication of the number of staff in each institution receiving total remuneration greater than EUR 1 million, in bands of at least EUR 1 million;

| 55. | Is of the opinion that shareholders should help determine sustainable remuneration policies and should be given the opportunity to express their views on the remuneration policies, with the right to reject the remuneration policy defined by the remuneration committee at the general meeting; |
| --- | --- |

55.

Is of the opinion that shareholders should help determine sustainable remuneration policies and should be given the opportunity to express their views on the remuneration policies, with the right to reject the remuneration policy defined by the remuneration committee at the general meeting;

Supervisors, auditors and institutions

| 56. | Believes that an enhanced three-way dialogue between supervisors, auditors (both internal and external) and institutions would improve the likelihood of substantial or systemic risk being detected at an early stage; encourages supervisors, the European Systemic Risk Board, auditors and institutions to engage in open discussions and to increase the frequency of meetings in order to facilitate prudential supervision; further recommends that bilateral meetings take place between auditors and supervisors of major financial institutions; believes that it is the board and Internal Auditor's responsibility to ensure that necessary internal controls are in place to detect systemic risks and to establish a procedure for informing the board and supervisors of these risks in order to avoid negative consequences; |
| --- | --- |

56.

Believes that an enhanced three-way dialogue between supervisors, auditors (both internal and external) and institutions would improve the likelihood of substantial or systemic risk being detected at an early stage; encourages supervisors, the European Systemic Risk Board, auditors and institutions to engage in open discussions and to increase the frequency of meetings in order to facilitate prudential supervision; further recommends that bilateral meetings take place between auditors and supervisors of major financial institutions; believes that it is the board and Internal Auditor's responsibility to ensure that necessary internal controls are in place to detect systemic risks and to establish a procedure for informing the board and supervisors of these risks in order to avoid negative consequences;

| 57. | Stresses that the primary role of auditors should not be unduly compromised by the burden of extra duties, such as an examination and assessment of non-audit information that falls outside their area of expertise; believes auditors should report directly to supervisors when aware of something of material concern to supervision and should participate in pan-industry assessments of specific controls; |
| --- | --- |

57.

Stresses that the primary role of auditors should not be unduly compromised by the burden of extra duties, such as an examination and assessment of non-audit information that falls outside their area of expertise; believes auditors should report directly to supervisors when aware of something of material concern to supervision and should participate in pan-industry assessments of specific controls;

| 58. | Insists that public authorities, including ESAs and national supervisors, must adhere to high standards of independence and corporate governance equivalents; |
| --- | --- |

58.

Insists that public authorities, including ESAs and national supervisors, must adhere to high standards of independence and corporate governance equivalents;

Shareholders and the AGM

| 59. | Encourages institutional shareholders to take a more active role in holding the board and its strategy to account in an appropriate way and to reflect the long-term interests of their beneficiaries; |
| --- | --- |

59.

Encourages institutional shareholders to take a more active role in holding the board and its strategy to account in an appropriate way and to reflect the long-term interests of their beneficiaries;

| 60. | Calls for legislation requiring all those authorised to manage investments on behalf of third parties in the EU to state publicly whether or not they apply and disclose against a stewardship code; if so, which one and why, and if not why not; |
| --- | --- |

60.

Calls for legislation requiring all those authorised to manage investments on behalf of third parties in the EU to state publicly whether or not they apply and disclose against a stewardship code; if so, which one and why, and if not why not;

| 61. | Believes that significant transactions above a defined and proportionate size should require specific shareholder approval or be subject to an obligation to inform shareholders before the transaction can take effect, provided that involvement of the shareholders is feasible, the principle of confidentiality is met and the daily business of the financial institution is not undermined; ESMA may issue guidelines concerning the appropriate benchmark in consultation with the relevant national authorities; |
| --- | --- |

61.

Believes that significant transactions above a defined and proportionate size should require specific shareholder approval or be subject to an obligation to inform shareholders before the transaction can take effect, provided that involvement of the shareholders is feasible, the principle of confidentiality is met and the daily business of the financial institution is not undermined; ESMA may issue guidelines concerning the appropriate benchmark in consultation with the relevant national authorities;

| 62. | Recognises that transparency is necessary with regard to related party transactions and that significant transactions which involve a related party should be notified to the listing authority and be accompanied by a letter from an independent adviser confirming that the transaction is fair and reasonable, or should be subject to a vote of shareholders with the related party being excluded from this vote; ESMA may issue guidelines concerning the appropriate benchmark in consultation with the relevant national authorities; |
| --- | --- |

62.

Recognises that transparency is necessary with regard to related party transactions and that significant transactions which involve a related party should be notified to the listing authority and be accompanied by a letter from an independent adviser confirming that the transaction is fair and reasonable, or should be subject to a vote of shareholders with the related party being excluded from this vote; ESMA may issue guidelines concerning the appropriate benchmark in consultation with the relevant national authorities;

| 63. | Calls for mandatory annual elections of each member of the board, for mandatory annual requests for approval of the board's policy or for discharge of the board at the AGM, with a view to making the board more accountable and encouraging a culture of greater responsibility; |
| --- | --- |

63.

Calls for mandatory annual elections of each member of the board, for mandatory annual requests for approval of the board's policy or for discharge of the board at the AGM, with a view to making the board more accountable and encouraging a culture of greater responsibility;

| 64. | Calls for an investigation of the inhibition on effective shareholder controls and for the removal of regulatory impediments to reasonable collaboration; |
| --- | --- |

64.

Calls for an investigation of the inhibition on effective shareholder controls and for the removal of regulatory impediments to reasonable collaboration;

| 65. | Calls for an electronic vote to be introduced in order to encourage shareholders to engage in the corporate governance of financial institutions; |
| --- | --- |

65.

Calls for an electronic vote to be introduced in order to encourage shareholders to engage in the corporate governance of financial institutions;

| 66. | Takes the view that all limited partnerships should be free to stipulate in their statutes whether their partners may remain anonymous or must be named and that, in the latter case, a law must be enacted to guarantee that their identities are in fact made public; |
| --- | --- |

66.

Takes the view that all limited partnerships should be free to stipulate in their statutes whether their partners may remain anonymous or must be named and that, in the latter case, a law must be enacted to guarantee that their identities are in fact made public;

*

* *

| 67. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

67.

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

---

(1)  OJ L 329, 14.12.2010, p. 3.

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| 7.12.2012 | EN | Official Journal of the European Union | CE 377/13 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/13

---

Wednesday 11 May 2011Free trade agreement with India

P7_TA(2011)0224

European Parliament resolution of 11 May 2011 on the state of play in the EU-India Free Trade Agreement negotiations

2012/C 377 E/03

The European Parliament,

| — | having regard to the Organisation for Economic Cooperation and Development (OECD) Guidelines on Multinational Enterprises and the International Labour Organisation (ILO) Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy, |
| --- | --- |

—

having regard to the Organisation for Economic Cooperation and Development (OECD) Guidelines on Multinational Enterprises and the International Labour Organisation (ILO) Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy,

| — | having regard to the Ministerial Declaration of the Fourth Session of the WTO Ministerial Conference, adopted on 14 November 2001 in Doha, and in particular to paragraph 44 thereof, on Special and Differential Treatment (SDT), |
| --- | --- |

—

having regard to the Ministerial Declaration of the Fourth Session of the WTO Ministerial Conference, adopted on 14 November 2001 in Doha, and in particular to paragraph 44 thereof, on Special and Differential Treatment (SDT),

| — | having regard to its resolution of 29 September 2005 on EU-India relations: A Strategic Partnership (1), |
| --- | --- |

—

having regard to its resolution of 29 September 2005 on EU-India relations: A Strategic Partnership (1),

| — | having regard to the Commission communication of 4 October 2006 entitled ‘Global Europe: Competing in the World. A contribution to the EU's Growth and Jobs Strategy’ (COM(2006)0567), |
| --- | --- |

—

having regard to the Commission communication of 4 October 2006 entitled ‘Global Europe: Competing in the World. A contribution to the EU's Growth and Jobs Strategy’ (COM(2006)0567),

| — | having regard to its resolution of 26 March 2009 on an EU-India Free Trade Agreement (2), |
| --- | --- |

—

having regard to its resolution of 26 March 2009 on an EU-India Free Trade Agreement (2),

| — | having regard to its resolution of 12 July 2007 on the TRIPS Agreement and access to medicines (3), |
| --- | --- |

—

having regard to its resolution of 12 July 2007 on the TRIPS Agreement and access to medicines (3),

| — | having regard to its resolution of 22 May 2007 on Global Europe - external aspects of competitiveness (4), |
| --- | --- |

—

having regard to its resolution of 22 May 2007 on Global Europe - external aspects of competitiveness (4),

| — | having regard the India Country Strategy Paper (2007-2013), |
| --- | --- |

—

having regard the India Country Strategy Paper (2007-2013),

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

—

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

| A. | whereas the European Union should continue to give priority to a rule-based multilateral trading system established through the WTO, which offers the best prospects for open and equitable international trade by establishing appropriate rules and ensuring compliance with them, |
| --- | --- |

A.

whereas the European Union should continue to give priority to a rule-based multilateral trading system established through the WTO, which offers the best prospects for open and equitable international trade by establishing appropriate rules and ensuring compliance with them,

| B. | whereas a successful and balanced conclusion of the Doha Development Agenda (DDA) is of crucial importance to both the European Union and India, and whereas such an agreement does not preclude bilateral WTO+ agreements, which can be complementary to multilateral rules, |
| --- | --- |

B.

whereas a successful and balanced conclusion of the Doha Development Agenda (DDA) is of crucial importance to both the European Union and India, and whereas such an agreement does not preclude bilateral WTO+ agreements, which can be complementary to multilateral rules,

| C. | whereas the European Union is India's largest source of Foreign Direct Investment (FDI), accounting for 27 % of total FDI in 2009; whereas, however, the EU share has declined over the past three years, from 37 % of total FDI in 2007 to 32 % in 2008 and 27 % in 2009, while EU FDI outflows to China in 2009 were significantly higher than those to India, amounting to EUR 5.3 billion as compared to EUR 3,1 bn to India, |
| --- | --- |

C.

whereas the European Union is India's largest source of Foreign Direct Investment (FDI), accounting for 27 % of total FDI in 2009; whereas, however, the EU share has declined over the past three years, from 37 % of total FDI in 2007 to 32 % in 2008 and 27 % in 2009, while EU FDI outflows to China in 2009 were significantly higher than those to India, amounting to EUR 5.3 billion as compared to EUR 3,1 bn to India,

| D. | whereas India was the European Union's seventeenth most important trading partner in 2000 and ranked eighth in 2010 (when such trade was worth EUR 67,8 bn); whereas, however, the EU's relative share in India's market fell from 23,2 % in 1999 to 14,5 % in 2009, while China's market share was multiplied by four over the same period, from 2,6 % in 1999 to 11,3 % in 2009, |
| --- | --- |

D.

whereas India was the European Union's seventeenth most important trading partner in 2000 and ranked eighth in 2010 (when such trade was worth EUR 67,8 bn); whereas, however, the EU's relative share in India's market fell from 23,2 % in 1999 to 14,5 % in 2009, while China's market share was multiplied by four over the same period, from 2,6 % in 1999 to 11,3 % in 2009,

| E. | whereas India is the largest beneficiary of the Generalised System of Preferences (GSP); whereas the European Union's imports from India at preferential rates or zero duty were worth EUR 19,9 bn in 2009 and accounted for 83 % of total EU imports from India, |
| --- | --- |

E.

whereas India is the largest beneficiary of the Generalised System of Preferences (GSP); whereas the European Union's imports from India at preferential rates or zero duty were worth EUR 19,9 bn in 2009 and accounted for 83 % of total EU imports from India,

| F. | whereas both parties expect to secure significant benefits from the elimination of tariffs, the liberalisation of trade in services and of establishment and reaffirm their commitment to tariff reductions and further liberalisation of establishment and of trade in services, |
| --- | --- |

F.

whereas both parties expect to secure significant benefits from the elimination of tariffs, the liberalisation of trade in services and of establishment and reaffirm their commitment to tariff reductions and further liberalisation of establishment and of trade in services,

| G. | whereas market access needs to be accompanied by transparent and adequate rules and standards in order to ensure that trade liberalisation is beneficial, |
| --- | --- |

G.

whereas market access needs to be accompanied by transparent and adequate rules and standards in order to ensure that trade liberalisation is beneficial,

| H. | whereas market access is being hampered by non-tariff barriers to trade (NTBs), such as health and safety requirements or technical barriers, quantitative restrictions, conformity procedures, trade defence mechanisms, customs procedures, internal taxation, and a failure to adopt international norms and standards, |
| --- | --- |

H.

whereas market access is being hampered by non-tariff barriers to trade (NTBs), such as health and safety requirements or technical barriers, quantitative restrictions, conformity procedures, trade defence mechanisms, customs procedures, internal taxation, and a failure to adopt international norms and standards,

| I. | whereas even greater account should be taken of the elements on recognition, suitable and effective protection, implementation and enforcement of intellectual property rights (IPRs), including patents, trade or service marks, copyright and similar rights, geographical indications (GIs) (including marks of origin), industrial design and integrated circuit topography, |
| --- | --- |

I.

whereas even greater account should be taken of the elements on recognition, suitable and effective protection, implementation and enforcement of intellectual property rights (IPRs), including patents, trade or service marks, copyright and similar rights, geographical indications (GIs) (including marks of origin), industrial design and integrated circuit topography,

| J. | whereas counterfeit medicines can potentially be detrimental to health; whereas EU and India should join forces to address this problem, |
| --- | --- |

J.

whereas counterfeit medicines can potentially be detrimental to health; whereas EU and India should join forces to address this problem,

| K. | whereas India is one of the major producers and exporters of generic medicines, |
| --- | --- |

K.

whereas India is one of the major producers and exporters of generic medicines,

| L. | whereas the success and sustainability of health programmes depends in large part on the continuing availability of low-cost, quality generic medicines; having regard to India's critical role as a supplier of such products and to the established, detrimental impact of TRIPS-plus intellectual property rules on the availability of generic medicines, |
| --- | --- |

L.

whereas the success and sustainability of health programmes depends in large part on the continuing availability of low-cost, quality generic medicines; having regard to India's critical role as a supplier of such products and to the established, detrimental impact of TRIPS-plus intellectual property rules on the availability of generic medicines,

| M. | whereas Article 1(1) of the Cooperation Agreement provides for respect for human rights and democratic principles; whereas this constitutes an essential element of the agreement, |
| --- | --- |

M.

whereas Article 1(1) of the Cooperation Agreement provides for respect for human rights and democratic principles; whereas this constitutes an essential element of the agreement,

| N. | whereas access by EU businesses to the Indian market is still being hampered by several NTBs, such as burdensome health and safety requirements or technical barriers, quantitative restrictions, overly restrictive conformity procedures, unjustified trade defence mechanisms, customs procedures, internal taxation, and a failure to adopt international norms and standards, |
| --- | --- |

N.

whereas access by EU businesses to the Indian market is still being hampered by several NTBs, such as burdensome health and safety requirements or technical barriers, quantitative restrictions, overly restrictive conformity procedures, unjustified trade defence mechanisms, customs procedures, internal taxation, and a failure to adopt international norms and standards,

General issues

| 1. | Believes that the FTA should be balanced and compatible with WTO rules and obligations; considers that a successful DDA remains the European Union's trade priority and that negotiations with India on the FTA must thus be complementary to multilateral rules; |
| --- | --- |

1.

Believes that the FTA should be balanced and compatible with WTO rules and obligations; considers that a successful DDA remains the European Union's trade priority and that negotiations with India on the FTA must thus be complementary to multilateral rules;

| 2. | Welcomes the outcome of the EU-India Summit held in December 2010 and encourages the negotiating parties to speed up the negotiations and to continue to consult key stakeholders; recalls the pledge made by the EU and India to speed up FTA talks and to make substantive and efficient progress towards the early conclusion of an ambitious and balanced, broad-based trade and investment agreement; is disappointed with the slow pace of negotiations; calls for both parties to make every effort to conclude a comprehensive, ambitious and balanced FTA by the end of 2011; |
| --- | --- |

2.

Welcomes the outcome of the EU-India Summit held in December 2010 and encourages the negotiating parties to speed up the negotiations and to continue to consult key stakeholders; recalls the pledge made by the EU and India to speed up FTA talks and to make substantive and efficient progress towards the early conclusion of an ambitious and balanced, broad-based trade and investment agreement; is disappointed with the slow pace of negotiations; calls for both parties to make every effort to conclude a comprehensive, ambitious and balanced FTA by the end of 2011;

| 3. | Encourages India's federal and state governments to synchronise policies and procedures, so as to allow potential gains to be maximised; |
| --- | --- |

3.

Encourages India's federal and state governments to synchronise policies and procedures, so as to allow potential gains to be maximised;

| 4. | Recalls that the objectives of the common commercial policy should be fully coordinated with the European Union's overall objectives, that, pursuant to Article 207 of the Treaty on the Functioning of the European Union, the EU's common commercial policy must be conducted ‘in the context of the principles and objectives of the Union's external action’, and that, pursuant to Article 3 of the Treaty on European Union, it must contribute, inter alia, to sustainable development, the eradication of poverty and protection of human rights; |
| --- | --- |

4.

Recalls that the objectives of the common commercial policy should be fully coordinated with the European Union's overall objectives, that, pursuant to Article 207 of the Treaty on the Functioning of the European Union, the EU's common commercial policy must be conducted ‘in the context of the principles and objectives of the Union's external action’, and that, pursuant to Article 3 of the Treaty on European Union, it must contribute, inter alia, to sustainable development, the eradication of poverty and protection of human rights;

| 5. | Points, in view of the complementarity of the two economies, to the potential for an increase in EU-India trade and investment and business opportunities arising from the FTA; considers the EU-India FTA overall as a win-win scenario, but recommends that an evaluation be carried out of the existing sector specificities in order to identify potential disadvantages of the FTA for sensitive EU sectors; |
| --- | --- |

5.

Points, in view of the complementarity of the two economies, to the potential for an increase in EU-India trade and investment and business opportunities arising from the FTA; considers the EU-India FTA overall as a win-win scenario, but recommends that an evaluation be carried out of the existing sector specificities in order to identify potential disadvantages of the FTA for sensitive EU sectors;

| 6. | Asks the Commission to include an ambitious sustainable development chapter as an essential part of the FTA; |
| --- | --- |

6.

Asks the Commission to include an ambitious sustainable development chapter as an essential part of the FTA;

Trade in goods

| 7. | Welcomes the results of many free-trade simulations which show that the FTA would increase overall exports and imports for both the European Union and India; stresses that, at the current average growth rate, bilateral trade is expected to increase to EUR 160,6 bn by 2015; |
| --- | --- |

7.

Welcomes the results of many free-trade simulations which show that the FTA would increase overall exports and imports for both the European Union and India; stresses that, at the current average growth rate, bilateral trade is expected to increase to EUR 160,6 bn by 2015;

| 8. | Notes that India's average applied tariffs have fallen but are still considerably higher than the EU's tariffs; points out in particular that India's average tariff for Non-Agricultural Market Access (NAMA) is now 10,1 %, as compared to an EU average of 4 %, while India's average tariff for agriculture is 31,8 %, as compared to an EU average of 13,5 %; |
| --- | --- |

8.

Notes that India's average applied tariffs have fallen but are still considerably higher than the EU's tariffs; points out in particular that India's average tariff for Non-Agricultural Market Access (NAMA) is now 10,1 %, as compared to an EU average of 4 %, while India's average tariff for agriculture is 31,8 %, as compared to an EU average of 13,5 %;

| 9. | Stresses that the objective for industrial trade should be reciprocal full duty elimination, with asymmetry in timing, and that any possible exception to this objective should be limited and subject to review and should not involve the exclusion of sectors that are of importance to both sides, such as passenger cars; |
| --- | --- |

9.

Stresses that the objective for industrial trade should be reciprocal full duty elimination, with asymmetry in timing, and that any possible exception to this objective should be limited and subject to review and should not involve the exclusion of sectors that are of importance to both sides, such as passenger cars;

| 10. | Notes that the agreement should respect sensitivities linked to agricultural trade, but that this should not prevent market opening in areas of complementarity; |
| --- | --- |

10.

Notes that the agreement should respect sensitivities linked to agricultural trade, but that this should not prevent market opening in areas of complementarity;

| 11. | Calls on the Commission to take due account of any negative impact on European agriculture, particularly in the areas of the opening up of markets, GMOs, milk, beef, intellectual property protection and origin labelling; |
| --- | --- |

11.

Calls on the Commission to take due account of any negative impact on European agriculture, particularly in the areas of the opening up of markets, GMOs, milk, beef, intellectual property protection and origin labelling;

| 12. | Considers it important that the FTA include ambitious chapters on technical barriers to trade and sanitary and phytosanitary measures; calls on the Commission, in this regard, to address outstanding issues such as animal welfare; |
| --- | --- |

12.

Considers it important that the FTA include ambitious chapters on technical barriers to trade and sanitary and phytosanitary measures; calls on the Commission, in this regard, to address outstanding issues such as animal welfare;

| 13. | Calls on both parties to ensure that regulation and NTBs are managed in such a way that overall trade is not hampered; calls on both the EU and India to develop effective disciplines to prevent the emergence of unnecessary regulatory obstacles to trade and to tackle existing obstacles, while respecting both sides' right to regulate; |
| --- | --- |

13.

Calls on both parties to ensure that regulation and NTBs are managed in such a way that overall trade is not hampered; calls on both the EU and India to develop effective disciplines to prevent the emergence of unnecessary regulatory obstacles to trade and to tackle existing obstacles, while respecting both sides' right to regulate;

| 14. | Stresses that the FTA should include a binding state-to-state dispute settlement mechanism and provisions on mediation on NTBs, as well as an effective safeguard clause; |
| --- | --- |

14.

Stresses that the FTA should include a binding state-to-state dispute settlement mechanism and provisions on mediation on NTBs, as well as an effective safeguard clause;

Trade in services, establishment

| 15. | Recognises that services are the fastest growing sector of the Indian economy; notes that India has offensive interests in the liberalisation of Mode 1 and Mode 4 in the General Agreement on Trade in Services (GATS); notes that the EU would like to complete liberalisation of market access and national treatment under Mode 3 in most services; notes that the full ambitions of the FTA cannot be realised without commitments under Mode 4; stresses that there are huge benefits from nationwide and EU-wide accreditation of professional qualifications and agreements on mutual recognition and licensing requirements within professional services in both the EU and India, which could be easily covered by the FTA; requests, nevertheless, that a thorough analysis be carried out in relation to the individual Member States in order to avoid negative consequences for the EU labour market, while permitting, under Mode 4, temporary stays of necessary skilled professionals; |
| --- | --- |

15.

Recognises that services are the fastest growing sector of the Indian economy; notes that India has offensive interests in the liberalisation of Mode 1 and Mode 4 in the General Agreement on Trade in Services (GATS); notes that the EU would like to complete liberalisation of market access and national treatment under Mode 3 in most services; notes that the full ambitions of the FTA cannot be realised without commitments under Mode 4; stresses that there are huge benefits from nationwide and EU-wide accreditation of professional qualifications and agreements on mutual recognition and licensing requirements within professional services in both the EU and India, which could be easily covered by the FTA; requests, nevertheless, that a thorough analysis be carried out in relation to the individual Member States in order to avoid negative consequences for the EU labour market, while permitting, under Mode 4, temporary stays of necessary skilled professionals;

| 16. | Points out that service liberalisation must in no way hinder the right to regulate services, including public services; |
| --- | --- |

16.

Points out that service liberalisation must in no way hinder the right to regulate services, including public services;

| 17. | Notes that trade in services between the EU and India is relatively unbalanced, with the EU exporting 1,9 % of its services to India and India sending 11,6 % of its total exports to the EU; |
| --- | --- |

17.

Notes that trade in services between the EU and India is relatively unbalanced, with the EU exporting 1,9 % of its services to India and India sending 11,6 % of its total exports to the EU;

| 18. | Strongly encourages India to develop appropriate data protection legislation which would enable it to achieve the status of a country with an adequate level of protection, thereby allowing or enabling the transfer of personal data from the EU on the basis of and in compliance with EU legislation; |
| --- | --- |

18.

Strongly encourages India to develop appropriate data protection legislation which would enable it to achieve the status of a country with an adequate level of protection, thereby allowing or enabling the transfer of personal data from the EU on the basis of and in compliance with EU legislation;

| 19. | Considers that allowing foreign law and accounting firms to operate in India would bring significant benefits for the Indian economy and professions, as well as for European firms which have expertise in international law and accountancy and for their clients; calls on the Commission to explore with the Indian authorities the opportunities and scope for liberalisation of legal services and accounting services under the FTA; |
| --- | --- |

19.

Considers that allowing foreign law and accounting firms to operate in India would bring significant benefits for the Indian economy and professions, as well as for European firms which have expertise in international law and accountancy and for their clients; calls on the Commission to explore with the Indian authorities the opportunities and scope for liberalisation of legal services and accounting services under the FTA;

| 20. | Encourages India to further open up its banking, insurance and retail sectors in line with the reforms announced by the Indian authorities in recognition of the fact that appropriate financial legislation is important to ensure oversight of financial services, reduce systemic risk and provide the highest possible level of consumer protection; |
| --- | --- |

20.

Encourages India to further open up its banking, insurance and retail sectors in line with the reforms announced by the Indian authorities in recognition of the fact that appropriate financial legislation is important to ensure oversight of financial services, reduce systemic risk and provide the highest possible level of consumer protection;

Investment

| 21. | Calls on the Commission to negotiate a chapter on investment as part of the FTA, thereby enabling the process of investing in each other's markets to be made much smoother by promoting and protecting investment deals while exploring immediate opportunities; suggests that such an investment chapter could provide for the setting up of a system of single points of information for investors in both economies, in order to explain to them the differences in investment rules and practices and provide information on all legal aspects; |
| --- | --- |

21.

Calls on the Commission to negotiate a chapter on investment as part of the FTA, thereby enabling the process of investing in each other's markets to be made much smoother by promoting and protecting investment deals while exploring immediate opportunities; suggests that such an investment chapter could provide for the setting up of a system of single points of information for investors in both economies, in order to explain to them the differences in investment rules and practices and provide information on all legal aspects;

| 22. | Calls on the Commission to ensure that provisions on investment protection do not lessen the parties' ability to issue compulsory licences or undermine other public health policies; |
| --- | --- |

22.

Calls on the Commission to ensure that provisions on investment protection do not lessen the parties' ability to issue compulsory licences or undermine other public health policies;

Public procurement

| 23. | Welcomes the fact that India has agreed to include public procurement in the FTA; regrets, however, that this has happened only at federal level; calls on the Commission to negotiate effective and transparent procurement systems; calls on India to apply transparent and fair procedures when awarding public contracts and to grant European businesses access to public procurement systems; calls on India to ensure the broadest possible coverage, including in particular public sector undertakings; |
| --- | --- |

23.

Welcomes the fact that India has agreed to include public procurement in the FTA; regrets, however, that this has happened only at federal level; calls on the Commission to negotiate effective and transparent procurement systems; calls on India to apply transparent and fair procedures when awarding public contracts and to grant European businesses access to public procurement systems; calls on India to ensure the broadest possible coverage, including in particular public sector undertakings;

Trade and competition

| 24. | Welcomes the progress made in developing a chapter on trade and competition in the EU-India FTA, and calls on both parties to step up their cooperation on trade-related competition matters, intellectual property rights and industrial and commercial policy; |
| --- | --- |

24.

Welcomes the progress made in developing a chapter on trade and competition in the EU-India FTA, and calls on both parties to step up their cooperation on trade-related competition matters, intellectual property rights and industrial and commercial policy;

| 25. | Welcomes India's commitment to a strong IPR regime and to the use of TRIPS flexibilities in international and domestic legislation in order to meet its public health obligations, particularly in relation to access to essential medicines; encourages India rigorously to implement and enforce that regime, while improving access to essential medicines; calls on the EU and India to ensure that commitments under the FTA do not preclude access to essential medicines while India is developing its capacity in changing over from a generic to a research-based industry; supports cooperation between the EU and India in their respective research-based pharmaceutical industries, with a view to ensuring mutually beneficial growth therein; |
| --- | --- |

25.

Welcomes India's commitment to a strong IPR regime and to the use of TRIPS flexibilities in international and domestic legislation in order to meet its public health obligations, particularly in relation to access to essential medicines; encourages India rigorously to implement and enforce that regime, while improving access to essential medicines; calls on the EU and India to ensure that commitments under the FTA do not preclude access to essential medicines while India is developing its capacity in changing over from a generic to a research-based industry; supports cooperation between the EU and India in their respective research-based pharmaceutical industries, with a view to ensuring mutually beneficial growth therein;

| 26. | Asks the Commission not to request data exclusivity in the context of IPR negotiations, as stated in the EP Resolution of 12 July 2007, and to recognise that data exclusivity would have far-reaching consequences for the production of generic medicines and is therefore detrimental to developing countries' access to medicines and public health policy; |
| --- | --- |

26.

Asks the Commission not to request data exclusivity in the context of IPR negotiations, as stated in the EP Resolution of 12 July 2007, and to recognise that data exclusivity would have far-reaching consequences for the production of generic medicines and is therefore detrimental to developing countries' access to medicines and public health policy;

| 27. | Calls on the Commission and the Indian authorities concerned to jointly work out a common definition of counterfeit medicines in a way that would not hamper to access to essential medicines, and to coordinate action to effectively combat counterfeiting and, in particular, counterfeit medicines that are detrimental to patients health; |
| --- | --- |

27.

Calls on the Commission and the Indian authorities concerned to jointly work out a common definition of counterfeit medicines in a way that would not hamper to access to essential medicines, and to coordinate action to effectively combat counterfeiting and, in particular, counterfeit medicines that are detrimental to patients health;

| 28. | Stresses that a high level of protection for GIs, at the latest by the time of entry into force of the FTA, is of crucial importance; |
| --- | --- |

28.

Stresses that a high level of protection for GIs, at the latest by the time of entry into force of the FTA, is of crucial importance;

Trade and sustainable development

| 29. | Recognises that a sustainable development chapter is an essential part of any EU FTA and calls on both sides to agree to an ambitious chapter which reflects the common commitment to promoting sustainable development and inclusive growth on the basis of shared values; urges the Commission to include legally binding clauses on human rights, social and environmental standards and their enforcement, with measures in the event of infringement; |
| --- | --- |

29.

Recognises that a sustainable development chapter is an essential part of any EU FTA and calls on both sides to agree to an ambitious chapter which reflects the common commitment to promoting sustainable development and inclusive growth on the basis of shared values; urges the Commission to include legally binding clauses on human rights, social and environmental standards and their enforcement, with measures in the event of infringement;

| 30. | Asks that this chapter cover, as a minimum, compliance with the ILO's eight core conventions and four priority conventions and internationally agreed environmental standards, and also provide incentives to enterprises to enter into CSR commitments; |
| --- | --- |

30.

Asks that this chapter cover, as a minimum, compliance with the ILO's eight core conventions and four priority conventions and internationally agreed environmental standards, and also provide incentives to enterprises to enter into CSR commitments;

| 31. | Welcomes all efforts by the Indian Government to eradicate child labour; calls on the Indian Government and the Commission to continue funding activities aimed at allowing children to go to school; |
| --- | --- |

31.

Welcomes all efforts by the Indian Government to eradicate child labour; calls on the Indian Government and the Commission to continue funding activities aimed at allowing children to go to school;

| 32. | Stresses the importance of ensuring that EU companies making use of Special Economic Zones respect fundamental labour rights or other labour rights based on ILO conventions that have been ratified by India; |
| --- | --- |

32.

Stresses the importance of ensuring that EU companies making use of Special Economic Zones respect fundamental labour rights or other labour rights based on ILO conventions that have been ratified by India;

| 33. | Stresses that human rights, democracy and security are essential elements of the relationship between EU and India; calls, therefore, on both sides to ensure that dialogue on open issues is stepped up, with particular reference to Kashmir; |
| --- | --- |

33.

Stresses that human rights, democracy and security are essential elements of the relationship between EU and India; calls, therefore, on both sides to ensure that dialogue on open issues is stepped up, with particular reference to Kashmir;

| 34. | Firmly supports the practice of including legally binding human rights clauses in the EU's international agreements, with a clear and precise consultation mechanism modelled on Article 96 of the Cotonou Agreement; |
| --- | --- |

34.

Firmly supports the practice of including legally binding human rights clauses in the EU's international agreements, with a clear and precise consultation mechanism modelled on Article 96 of the Cotonou Agreement;

The European Parliament's role

| 35. | Expects the Council and the Commission to present the FTA to Parliament for its consent in accordance with the Treaty on the Functioning of the European Union (TFEU) (5); |
| --- | --- |

35.

Expects the Council and the Commission to present the FTA to Parliament for its consent in accordance with the Treaty on the Functioning of the European Union (TFEU) (5);

| 36. | Asks the Commission and the Council to take fully into account the requests of the EP expressed in this resolution before concluding the FTA; recalls that the FTA requires the EP's consent in order to come into force; calls on the Commission and the Council not to propose any provisional application of the agreement before the EP has given its consent; |
| --- | --- |

36.

Asks the Commission and the Council to take fully into account the requests of the EP expressed in this resolution before concluding the FTA; recalls that the FTA requires the EP's consent in order to come into force; calls on the Commission and the Council not to propose any provisional application of the agreement before the EP has given its consent;

Other considerations

| 37. | Welcomes India's progress in becoming a donor as well as a beneficiary of development aid; |
| --- | --- |

37.

Welcomes India's progress in becoming a donor as well as a beneficiary of development aid;

| 38. | Points out that, if economic cooperation between the EU and India is based on a system of shared universal values, it may set a standard for cooperation with other countries; |
| --- | --- |

38.

Points out that, if economic cooperation between the EU and India is based on a system of shared universal values, it may set a standard for cooperation with other countries;

| 39. | Considers that the EU must pay special attention to the small and medium-sized enterprise (SME) sector in India, and therefore suggests that in all development cooperation programmes between the EU and India, SMEs be strengthened through measures to help finance market-driven local projects; |
| --- | --- |

39.

Considers that the EU must pay special attention to the small and medium-sized enterprise (SME) sector in India, and therefore suggests that in all development cooperation programmes between the EU and India, SMEs be strengthened through measures to help finance market-driven local projects;

| 40. | Welcomes the spread of microcredit throughout India, which has gained recognition as an effective way of creating grassroots-led development; |
| --- | --- |

40.

Welcomes the spread of microcredit throughout India, which has gained recognition as an effective way of creating grassroots-led development;

*

* *

| 41. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States and of India. |
| --- | --- |

41.

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

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(1)  OJ C 227 E, 21.9.2006, p. 589.

(2)  OJ C 117 E, 6.5.2010, p. 166.

(3)  OJ C 175 E, 10.7.2008, p. 591.

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

(5)  Article 218(6)(a)(v) of the TFEU.

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| 7.12.2012 | EN | Official Journal of the European Union | CE 377/19 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/19

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Wednesday 11 May 2011EU-Japan trade relations

P7_TA(2011)0225

European Parliament resolution of 11 May 2011 on EU-Japan Trade relations

2012/C 377 E/04

The European Parliament,

| — | having regard to its resolution of 17 February 2011 on Europe 2020 (1), |
| --- | --- |

—

having regard to its resolution of 17 February 2011 on Europe 2020 (1),

| — | having regard its resolution of 25 November 2010 on human rights and social and environmental standards in international trade agreements (2), |
| --- | --- |

—

having regard its resolution of 25 November 2010 on human rights and social and environmental standards in international trade agreements (2),

| — | having regard to its resolution of 5 February 2009 on enhancing the role of European SMEs in international trade (3), |
| --- | --- |

—

having regard to its resolution of 5 February 2009 on enhancing the role of European SMEs in international trade (3),

| — | having regard to its resolution of 18 December 2008 on the impact of counterfeiting on international trade (4), |
| --- | --- |

—

having regard to its resolution of 18 December 2008 on the impact of counterfeiting on international trade (4),

| — | having regard to its resolution of 4 September 2008 on Trade in services (5), |
| --- | --- |

—

having regard to its resolution of 4 September 2008 on Trade in services (5),

| — | having regard to its resolution of 20 May 2008 on trade in raw materials and commodities (6), |
| --- | --- |

—

having regard to its resolution of 20 May 2008 on trade in raw materials and commodities (6),

| — | having regard to its resolution of 19 February 2008 on the EU's Strategy to deliver market access for European companies (7), |
| --- | --- |

—

having regard to its resolution of 19 February 2008 on the EU's Strategy to deliver market access for European companies (7),

| — | having regard to its resolution of 22 May 2007 on Global Europe - external aspects of competitiveness (8), |
| --- | --- |

—

having regard to its resolution of 22 May 2007 on Global Europe - external aspects of competitiveness (8),

| — | having regard the Communication from the Commission entitled "Trade, Growth and World Affairs - Trade Policy as a core component of the EU's 2020 strategy" (COM(2010)0612), |
| --- | --- |

—

having regard the Communication from the Commission entitled "Trade, Growth and World Affairs - Trade Policy as a core component of the EU's 2020 strategy" (COM(2010)0612),

| — | having regard to the Communication from the Commission entitled "Global Europe: competing in the world. A contribution to the EU's Growth and Jobs Strategy" (COM(2006)0567), |
| --- | --- |

—

having regard to the Communication from the Commission entitled "Global Europe: competing in the world. A contribution to the EU's Growth and Jobs Strategy" (COM(2006)0567),

| — | having regard to the Commission's report on "Trade and Investment Barriers" published on 10 March 2011, |
| --- | --- |

—

having regard to the Commission's report on "Trade and Investment Barriers" published on 10 March 2011,

| — | having regard to the joint declaration on relations between the European Community and its Member States and Japan of 18 July 1991 done at the Hague, |
| --- | --- |

—

having regard to the joint declaration on relations between the European Community and its Member States and Japan of 18 July 1991 done at the Hague,

| — | having regard to the Mutual Recognition Agreement between the EU and Japan concluded in 2001 (9), |
| --- | --- |

—

having regard to the Mutual Recognition Agreement between the EU and Japan concluded in 2001 (9),

| — | having regard to Agreement on Cooperation on Anti-competitive Activities between the EU and Japan concluded in 2003 (10), |
| --- | --- |

—

having regard to Agreement on Cooperation on Anti-competitive Activities between the EU and Japan concluded in 2003 (10),

| — | having regard the Agreement on Co-operation and Mutual Administrative Assistance in Customs Matters between the European Community and Japan concluded in 2008 (11), |
| --- | --- |

—

having regard the Agreement on Co-operation and Mutual Administrative Assistance in Customs Matters between the European Community and Japan concluded in 2008 (11),

| — | having regard to the ten-year Action Plan adopted at 10th EU-Japan Summit, held in Brussels on 8 December 2001, |
| --- | --- |

—

having regard to the ten-year Action Plan adopted at 10th EU-Japan Summit, held in Brussels on 8 December 2001,

| — | having regard to the joint statement adopted at the 19th EU-Japan Summit, held in Tokyo on 28 April 2010, |
| --- | --- |

—

having regard to the joint statement adopted at the 19th EU-Japan Summit, held in Tokyo on 28 April 2010,

| — | having regard to the joint statement adopted at the 18th EU - Japan Summit, held in Prague on 4 May 2009, |
| --- | --- |

—

having regard to the joint statement adopted at the 18th EU - Japan Summit, held in Prague on 4 May 2009,

| — | having regard to the report by Copenhagen Economics entitled "Assessment of barriers to trade and investment between the EU and Japan", published on 30 November 2009, |
| --- | --- |

—

having regard to the report by Copenhagen Economics entitled "Assessment of barriers to trade and investment between the EU and Japan", published on 30 November 2009,

| — | having regard to the results of the Commission's public consultation on EU - Japan trade relations published on 21 February 2011, |
| --- | --- |

—

having regard to the results of the Commission's public consultation on EU - Japan trade relations published on 21 February 2011,

| — | having regard to the European Council's conclusions of 24/25 March 2011, |
| --- | --- |

—

having regard to the European Council's conclusions of 24/25 March 2011,

| — | having regard to the planned EU-Japan Summit, which should be held in Brussels on 25 May 2011, |
| --- | --- |

—

having regard to the planned EU-Japan Summit, which should be held in Brussels on 25 May 2011,

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

—

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

| A. | whereas the rule-based multilateral trading system, established through the World Trade Organisation (WTO), is the most suitable framework for regulating and promoting open and fair trade, |
| --- | --- |

A.

whereas the rule-based multilateral trading system, established through the World Trade Organisation (WTO), is the most suitable framework for regulating and promoting open and fair trade,

| B. | whereas it is essential to understand multilateral, plurilateral and bilateral agreements as parts of a common toolbox of international affairs, and thus standard features of balanced and complementary political and trade relations, |
| --- | --- |

B.

whereas it is essential to understand multilateral, plurilateral and bilateral agreements as parts of a common toolbox of international affairs, and thus standard features of balanced and complementary political and trade relations,

| C. | whereas the EU should remain committed to achieving a balanced outcome of the Doha Development Agenda (DDA) as its preferred approach, which would support developing countries' integration into the international trading system, while progressing in parallel with bilateral and plurilateral trade agreements with other industrialised countries where mutual benefits and economic growth can be realistically delivered in a shorter timeframe, |
| --- | --- |

C.

whereas the EU should remain committed to achieving a balanced outcome of the Doha Development Agenda (DDA) as its preferred approach, which would support developing countries' integration into the international trading system, while progressing in parallel with bilateral and plurilateral trade agreements with other industrialised countries where mutual benefits and economic growth can be realistically delivered in a shorter timeframe,

| D. | whereas in 2009 the EU and Japan represented together more than a quarter of world GDP and more than 20 % of world trade, |
| --- | --- |

D.

whereas in 2009 the EU and Japan represented together more than a quarter of world GDP and more than 20 % of world trade,

| E. | whereas Japan and the EU are significant investors in each other's economy with a combined volume of foreign direct investment worth EUR200 billion in 2009, |
| --- | --- |

E.

whereas Japan and the EU are significant investors in each other's economy with a combined volume of foreign direct investment worth EUR200 billion in 2009,

| F. | whereas in 2010 the total amount of bilateral trade between the EU and Japan, the third biggest national economy in the world in terms of GDP, was worth EUR120 billion; Japan being the sixth biggest trading partner for the EU, and the EU ranking third biggest trading partner to Japan, |
| --- | --- |

F.

whereas in 2010 the total amount of bilateral trade between the EU and Japan, the third biggest national economy in the world in terms of GDP, was worth EUR120 billion; Japan being the sixth biggest trading partner for the EU, and the EU ranking third biggest trading partner to Japan,

| G. | whereas both the Council and Commission have noted that Japan’s capacity to remove regulatory barriers to trade is a precondition for launching negotiations on the EU-Japan FTA, thus fostering closer economic integration between the two strategic trading partners, |
| --- | --- |

G.

whereas both the Council and Commission have noted that Japan’s capacity to remove regulatory barriers to trade is a precondition for launching negotiations on the EU-Japan FTA, thus fostering closer economic integration between the two strategic trading partners,

| H. | whereas the EU and Japan are facing common challenges, such as the political and economic rise of China, economic slowdown in the aftermath of the global financial crisis, decreasing demographics, and a pressing need to access raw materials and energy sources, as well as ensuring price stability thereof, to boost their respective industries, |
| --- | --- |

H.

whereas the EU and Japan are facing common challenges, such as the political and economic rise of China, economic slowdown in the aftermath of the global financial crisis, decreasing demographics, and a pressing need to access raw materials and energy sources, as well as ensuring price stability thereof, to boost their respective industries,

| I. | whereas open and fair trade is a powerful tool to create more growth and societal well-being, building on the comparative advantages of each respective economy and potential synergies flowing from a greater economic integration and new inputs to a knowledge-driven economy, |
| --- | --- |

I.

whereas open and fair trade is a powerful tool to create more growth and societal well-being, building on the comparative advantages of each respective economy and potential synergies flowing from a greater economic integration and new inputs to a knowledge-driven economy,

| J. | whereas both the EU and Japan have generally low tariffs on goods with more than two thirds of the Union’s export value to Japan being duty-free and more than one third of Japan’s export value to the EU, |
| --- | --- |

J.

whereas both the EU and Japan have generally low tariffs on goods with more than two thirds of the Union’s export value to Japan being duty-free and more than one third of Japan’s export value to the EU,

| K. | whereas despite these low tariffs, bilateral trade volumes between the EU and Japan lag behind the bulk of the EU's trade exchanges with its other main trading partners, mostly because of the negative effects of Japanese non-tariff barriers (NTBs) on market access opportunities for European businesses, |
| --- | --- |

K.

whereas despite these low tariffs, bilateral trade volumes between the EU and Japan lag behind the bulk of the EU's trade exchanges with its other main trading partners, mostly because of the negative effects of Japanese non-tariff barriers (NTBs) on market access opportunities for European businesses,

| L. | whereas the Copenhagen Economics study of November 2009 estimates that the trade costs associated with non-tariff barriers are higher than the existing tariff levels and that most of the potential economic gains reside in the removal of those NTBs; whereas the study estimates potential increases in EU exports to Japan of EUR43 billion and EUR53 for Japanese exports to the EU if tariffs and non-tariff measures are reduced to their fullest possible extent, |
| --- | --- |

L.

whereas the Copenhagen Economics study of November 2009 estimates that the trade costs associated with non-tariff barriers are higher than the existing tariff levels and that most of the potential economic gains reside in the removal of those NTBs; whereas the study estimates potential increases in EU exports to Japan of EUR43 billion and EUR53 for Japanese exports to the EU if tariffs and non-tariff measures are reduced to their fullest possible extent,

| M. | whereas the Commission in its Trade and Investment Barriers Report 2011 has identified obstacles to access to public procurement, insufficient recognition of international standards with respect to medical devices, and preferential treatment for national champions in the financial services (e.g. postal service) as three major areas of EU concern with respect to Japan's NTBs, |
| --- | --- |

M.

whereas the Commission in its Trade and Investment Barriers Report 2011 has identified obstacles to access to public procurement, insufficient recognition of international standards with respect to medical devices, and preferential treatment for national champions in the financial services (e.g. postal service) as three major areas of EU concern with respect to Japan's NTBs,

| N. | whereas IPR protection and enforcement are judged to be of high quality in Japan; Japan and the EU share common objectives and approaches on matters related to IPR apart from on GIs, and have both committed to the plurilateral fight against counterfeiting and piracy as Anti-Counterfeiting Trade Agreement (ACTA) signatories, |
| --- | --- |

N.

whereas IPR protection and enforcement are judged to be of high quality in Japan; Japan and the EU share common objectives and approaches on matters related to IPR apart from on GIs, and have both committed to the plurilateral fight against counterfeiting and piracy as Anti-Counterfeiting Trade Agreement (ACTA) signatories,

| O. | whereas the ICT industry is a high-added value sector and a source of growth in both the EU and in Japan, especially with respect to further development of smart products and services, |
| --- | --- |

O.

whereas the ICT industry is a high-added value sector and a source of growth in both the EU and in Japan, especially with respect to further development of smart products and services,

| P. | whereas questions of investment and trade in services need to be raised in all trade discussions with Japan, ensuring that market opening does not compromise either European or Japanese rules on the protection of public services and cultural diversity, |
| --- | --- |

P.

whereas questions of investment and trade in services need to be raised in all trade discussions with Japan, ensuring that market opening does not compromise either European or Japanese rules on the protection of public services and cultural diversity,

| Q. | reaffirming its solidarity with the Japanese people following the recent natural disasters, |
| --- | --- |

Q.

reaffirming its solidarity with the Japanese people following the recent natural disasters,

| 1. | Considers that the multilateral trading system, embodied by the WTO, remains by far the most effective framework for achieving open and fair trade worldwide; believes that the European Union and Japan should contribute towards a successful conclusion of the DDA negotiations; |
| --- | --- |

1.

Considers that the multilateral trading system, embodied by the WTO, remains by far the most effective framework for achieving open and fair trade worldwide; believes that the European Union and Japan should contribute towards a successful conclusion of the DDA negotiations;

| 2. | Underlines that it is in favour of a free trade agreement between the EU and Japan but is not satisfied with the negligible progress in the High Level Group during the last few years; considers that Japan must make significant commitments on removing non-tariff barriers and obstacles to access to Japanese public procurement before negotiations are launched; |
| --- | --- |

2.

Underlines that it is in favour of a free trade agreement between the EU and Japan but is not satisfied with the negligible progress in the High Level Group during the last few years; considers that Japan must make significant commitments on removing non-tariff barriers and obstacles to access to Japanese public procurement before negotiations are launched;

| 3. | Stresses that trade liberalisation between the EU and Japan should coexist with, rather than hinder, rules on the protection of public services and cultural diversity, and foster regulatory convergence and adherence to multilateral standards where they already exist; |
| --- | --- |

3.

Stresses that trade liberalisation between the EU and Japan should coexist with, rather than hinder, rules on the protection of public services and cultural diversity, and foster regulatory convergence and adherence to multilateral standards where they already exist;

| 4. | Stresses that it is committed to strengthening trade relations between the EU and Japan by focusing on the removal of non-tariff barriers to trade and investment, including numerous restrictive rules and regulatory measures for EU companies in accessing the Japanese market; |
| --- | --- |

4.

Stresses that it is committed to strengthening trade relations between the EU and Japan by focusing on the removal of non-tariff barriers to trade and investment, including numerous restrictive rules and regulatory measures for EU companies in accessing the Japanese market;

| 5. | Considers that, in trade negotiations with Japan, the Commission should concentrate, as one of its priorities, on removing those barriers and obstacles that are of greatest hindrance to market access for European SMEs; |
| --- | --- |

5.

Considers that, in trade negotiations with Japan, the Commission should concentrate, as one of its priorities, on removing those barriers and obstacles that are of greatest hindrance to market access for European SMEs;

| 6. | Considers that reduction or elimination of Japanese tariffs on ICT products, including their parts and components, would step up competitiveness and generate new high-quality jobs in the EU; calls, in addition, for intensified mutual cooperation between the EU and Japan in the field of R&D and especially on IPR enforcement to accelerate the sharing of information on patents between the respective patent offices; |
| --- | --- |

6.

Considers that reduction or elimination of Japanese tariffs on ICT products, including their parts and components, would step up competitiveness and generate new high-quality jobs in the EU; calls, in addition, for intensified mutual cooperation between the EU and Japan in the field of R&D and especially on IPR enforcement to accelerate the sharing of information on patents between the respective patent offices;

| 7. | Considers that the Commission's level of ambition in respect of the EU-Japan FTA, and especially increasing market access for European businesses, should be complemented by jointly agreed comprehensive sustainable development commitments; |
| --- | --- |

7.

Considers that the Commission's level of ambition in respect of the EU-Japan FTA, and especially increasing market access for European businesses, should be complemented by jointly agreed comprehensive sustainable development commitments;

| 8. | Emphasises that the EU-Japan FTA would not only yield benefits in terms of an increase in the bilateral trade in goods and services, but also foster cooperation on the EU's horizontal priorities, such as cooperation in the field of innovation, regulatory cooperation and the fight against market abuse, and, last but not least, cooperation on tackling broad environmental challenges; |
| --- | --- |

8.

Emphasises that the EU-Japan FTA would not only yield benefits in terms of an increase in the bilateral trade in goods and services, but also foster cooperation on the EU's horizontal priorities, such as cooperation in the field of innovation, regulatory cooperation and the fight against market abuse, and, last but not least, cooperation on tackling broad environmental challenges;

| 9. | Calls on the Member States and the Commission, in all trade discussions with Japan, to support and promote initiatives aimed at promoting human rights and social and environmental standards; |
| --- | --- |

9.

Calls on the Member States and the Commission, in all trade discussions with Japan, to support and promote initiatives aimed at promoting human rights and social and environmental standards;

| 10. | Is of the opinion that a comprehensive sustainability and impact assessment is paramount to an overall assessment of EU-Japan trade relations; asks the Commission to present in due time such an assessment, detailing in particular the possible advantages and disadvantages of reinforced trading relations between the EU and Japan for all sectors involved, and in particular for all industrial sectors and those which are more sensitive, such as the automotive, electronics, aviation and machinery sectors; |
| --- | --- |

10.

Is of the opinion that a comprehensive sustainability and impact assessment is paramount to an overall assessment of EU-Japan trade relations; asks the Commission to present in due time such an assessment, detailing in particular the possible advantages and disadvantages of reinforced trading relations between the EU and Japan for all sectors involved, and in particular for all industrial sectors and those which are more sensitive, such as the automotive, electronics, aviation and machinery sectors;

| 11. | Recommends that effective bilateral safeguard measures be included in the design of an EU-Japan FTA to prevent a surge in imports that would cause, or threaten to cause, serious injury to EU and Japanese industry, especially in sensitive sectors such as the automotive, electronics, aviation and machinery industries; |
| --- | --- |

11.

Recommends that effective bilateral safeguard measures be included in the design of an EU-Japan FTA to prevent a surge in imports that would cause, or threaten to cause, serious injury to EU and Japanese industry, especially in sensitive sectors such as the automotive, electronics, aviation and machinery industries;

| 12. | Expresses its conviction that the EU-Japan FTA has the potential to lead to a win-win situation, beneficial for both economies; |
| --- | --- |

12.

Expresses its conviction that the EU-Japan FTA has the potential to lead to a win-win situation, beneficial for both economies;

| 13. | Emphasises that Parliament will be asked to give its consent to the potential EU-Japan FTA; |
| --- | --- |

13.

Emphasises that Parliament will be asked to give its consent to the potential EU-Japan FTA;

| 14. | Instructs its President to forward this resolution to the Council and the Commission, the governments and parliaments of the Member States and to the Government and Parliament of Japan. |
| --- | --- |

14.

Instructs its President to forward this resolution to the Council and the Commission, the governments and parliaments of the Member States and to the Government and Parliament of Japan.

---

(1)  Texts adopted, P7_TA(2011)0068.

(2)  Texts adopted, P7_TA(2010)0434.

(3)  OJ C 67 E, 18.3.2010, p. 101.

(4)  OJ C 45 E, 23.2.2010, p. 47.

(5)  OJ C 295 E, 4.12.2009, p. 67.

(6)  OJ C 279 E, 19.11.2009, p. 5.

(7)  OJ C 184 E, 6.8.2009, p. 16.

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

(9)  OJ L 284, 29.10.2001, p. 3.

(10)  OJ L 183, 22.7.2003, p. 12.

(11)  OJ L 62, 6.3.2008, p. 24.

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/23 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/23

---

Wednesday 11 May 2011Commission Green Paper on forest protection and information in the EU: preparing forests for climate change

P7_TA(2011)0226

European Parliament resolution of 11 May 2011 on the Commission Green Paper on forest protection and information in the EU: preparing forests for climate change (2010/2106(INI))

2012/C 377 E/05

The European Parliament,

| — | having regard to the Commission Green Paper on forest protection and information in the EU: preparing forests for climate change (COM(2010)0066), |
| --- | --- |

—

having regard to the Commission Green Paper on forest protection and information in the EU: preparing forests for climate change (COM(2010)0066),

| — | having regard to the Council conclusions of 11 June 2010 on preparing forests for climate change, |
| --- | --- |

—

having regard to the Council conclusions of 11 June 2010 on preparing forests for climate change,

| — | having regard to the Council conclusions of 15 March 2010 on biodiversity post-2010, |
| --- | --- |

—

having regard to the Council conclusions of 15 March 2010 on biodiversity post-2010,

| — | having regard to the Commission White Paper on ‘adapting to climate change: towards a European Framework for action’ (COM(2009)0147) and to its resolution of 6 May 2010 (1) thereon, |
| --- | --- |

—

having regard to the Commission White Paper on ‘adapting to climate change: towards a European Framework for action’ (COM(2009)0147) and to its resolution of 6 May 2010 (1) thereon,

| — | having regard to the Ministerial Conference for the Protection of Forests in Europe (MCPFE) - FOREST EUROPE, its various resolutions and its expert work in providing guidelines, criteria and indicators for sustainable forest management (SFM), |
| --- | --- |

—

having regard to the Ministerial Conference for the Protection of Forests in Europe (MCPFE) - FOREST EUROPE, its various resolutions and its expert work in providing guidelines, criteria and indicators for sustainable forest management (SFM),

| — | having regard to the Council resolution of 26 February 1999 on a Forestry Strategy for the EU (2) and the Commission report on its implementation (COM(2005)0084), |
| --- | --- |

—

having regard to the Council resolution of 26 February 1999 on a Forestry Strategy for the EU (2) and the Commission report on its implementation (COM(2005)0084),

| — | having regard to the EU Forest Action Plan 2006-2011 (FAP) (COM(2006)0302) and the mid-term external evaluation of its implementation (3), |
| --- | --- |

—

having regard to the EU Forest Action Plan 2006-2011 (FAP) (COM(2006)0302) and the mid-term external evaluation of its implementation (3),

| — | having regard to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (4), the Composite Report on the Conservation Status of Habitats and Species as required under Article 17 of the Habitats Directive (COM(2009)0358) and its resolutions of 21 September 2010 on the implementation of EU legislation aiming at the conservation of biodiversity (5) and of 3 February 2009 on wilderness in Europe (6), |
| --- | --- |

—

having regard to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (4), the Composite Report on the Conservation Status of Habitats and Species as required under Article 17 of the Habitats Directive (COM(2009)0358) and its resolutions of 21 September 2010 on the implementation of EU legislation aiming at the conservation of biodiversity (5) and of 3 February 2009 on wilderness in Europe (6),

| — | having regard to the conclusions of the UNEP COP10 Conference on Biological Diversity in Nagoya in October 2010 and the Aichi biodiversity targets, particularly the commitment to protect 17 % of terrestrial and inland water areas through effective conservation measures, integrated into the wider landscapes, |
| --- | --- |

—

having regard to the conclusions of the UNEP COP10 Conference on Biological Diversity in Nagoya in October 2010 and the Aichi biodiversity targets, particularly the commitment to protect 17 % of terrestrial and inland water areas through effective conservation measures, integrated into the wider landscapes,

| — | having regard to the study entitled ‘Shaping forest communication in the European Union: public perceptions of forests and forestry’ (7), |
| --- | --- |

—

having regard to the study entitled ‘Shaping forest communication in the European Union: public perceptions of forests and forestry’ (7),

| — | having regard to the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol and the Intergovernmental Panel on Climate Change (IPCC) report on ‘Good Practice Guidance for Land Use, Land Use Change and Forestry (LULUCF)’, |
| --- | --- |

—

having regard to the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol and the Intergovernmental Panel on Climate Change (IPCC) report on ‘Good Practice Guidance for Land Use, Land Use Change and Forestry (LULUCF)’,

| — | having regard to the EU biomass action plan (COM (2005)0628), |
| --- | --- |

—

having regard to the EU biomass action plan (COM (2005)0628),

| — | having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (Renewable Energy Directive) (8), Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (the ETS Directive) (9), Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (the Effort Sharing Decision) (10), the Commission report on sustainability requirements for the use of solid and gaseous biomass source in electricity, heating and cooling (COM (2010)0011), the IPCC 4th Assessment Report, Chapter 9: Forestry, and the results of public consultation on the preparation of a report for a sustainability scheme for energy uses of biomass, |
| --- | --- |

—

having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (Renewable Energy Directive) (8), Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (the ETS Directive) (9), Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (the Effort Sharing Decision) (10), the Commission report on sustainability requirements for the use of solid and gaseous biomass source in electricity, heating and cooling (COM (2010)0011), the IPCC 4th Assessment Report, Chapter 9: Forestry, and the results of public consultation on the preparation of a report for a sustainability scheme for energy uses of biomass,

| — | having regard to the European Climate Change Programme and the work carried out by the expert group on climate policy for LULUCF (11), |
| --- | --- |

—

having regard to the European Climate Change Programme and the work carried out by the expert group on climate policy for LULUCF (11),

| — | having regard to its studies No 449.292, assessing the Green Paper on forest protection and information in the EU, No 440.329 on forestry and the EU Emissions Trading Scheme, and No 449.237, on the European strategy for the prevention of and fight against forest fires, as well as the conclusions of the meeting of 13 July 2010 in Brussels of the Forestry Subgroup of the ‘Climate change, Biodiversity and Sustainable Development’ Intergroup, |
| --- | --- |

—

having regard to its studies No 449.292, assessing the Green Paper on forest protection and information in the EU, No 440.329 on forestry and the EU Emissions Trading Scheme, and No 449.237, on the European strategy for the prevention of and fight against forest fires, as well as the conclusions of the meeting of 13 July 2010 in Brussels of the Forestry Subgroup of the ‘Climate change, Biodiversity and Sustainable Development’ Intergroup,

| — | having regard to the European Landscape Convention of 2000 (the Florence Convention), |
| --- | --- |

—

having regard to the European Landscape Convention of 2000 (the Florence Convention),

| — | having regard to Council Directive 1999/105/EC on the marketing of forest reproductive material (12) and the review of the EU Plant Health Regime, |
| --- | --- |

—

having regard to Council Directive 1999/105/EC on the marketing of forest reproductive material (12) and the review of the EU Plant Health Regime,

| — | having regard to the synthesis report by TEEB (The Economics of Ecosystems and Biodiversity) on ‘Mainstreaming the Economics of Nature’ and the TEEB Climate Issues Update, |
| --- | --- |

—

having regard to the synthesis report by TEEB (The Economics of Ecosystems and Biodiversity) on ‘Mainstreaming the Economics of Nature’ and the TEEB Climate Issues Update,

| — | having regard to the Council conclusions of 26 April 2010 on prevention of forest fires within the European Union, |
| --- | --- |

—

having regard to the Council conclusions of 26 April 2010 on prevention of forest fires within the European Union,

| — | having regard to the Council conclusions of 8 and 9 November 2010 on innovative solutions for financing disaster prevention, |
| --- | --- |

—

having regard to the Council conclusions of 8 and 9 November 2010 on innovative solutions for financing disaster prevention,

| — | having regard to Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (13), |
| --- | --- |

—

having regard to Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (13),

| — | having regard to the report on the final implementation of the Forest Focus Regulation (COM(2010)0430), |
| --- | --- |

—

having regard to the report on the final implementation of the Forest Focus Regulation (COM(2010)0430),

| — | having regard to the European Environment Agency (EEA) Technical Report No 9/2006, ‘European forest types: Categories and types for sustainable forest management reporting and policy’, |
| --- | --- |

—

having regard to the European Environment Agency (EEA) Technical Report No 9/2006, ‘European forest types: Categories and types for sustainable forest management reporting and policy’,

| — | having regard to the report to the Commission DG for Agriculture and Rural Development entitled ‘Impacts of Climate Change on European Forests and Options for Adaptation’ (14), |
| --- | --- |

—

having regard to the report to the Commission DG for Agriculture and Rural Development entitled ‘Impacts of Climate Change on European Forests and Options for Adaptation’ (14),

| — | having regard to the 2009 report to the Commission DG for Environment entitled ‘EU policy options for the protection of European forests against harmful impacts’ (15), |
| --- | --- |

—

having regard to the 2009 report to the Commission DG for Environment entitled ‘EU policy options for the protection of European forests against harmful impacts’ (15),

| — | having regard to the European Court of Auditors Special Report No 9/2004 on ‘Forestry Measures within Rural Development Policy’ (together with the Commission’s replies), |
| --- | --- |

—

having regard to the European Court of Auditors Special Report No 9/2004 on ‘Forestry Measures within Rural Development Policy’ (together with the Commission’s replies),

| — | having regard to Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (16), |
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—

having regard to Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (16),

| — | having regard to the recommendations of the FAO/UNECE/ILO Experts Network on implementing sustainable forest management, |
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—

having regard to the recommendations of the FAO/UNECE/ILO Experts Network on implementing sustainable forest management,

| — | having regard to MCPFE Helsinki Resolution H1 defining SFM as ‘the stewardship and use of forests and forest lands in a way, and at a rate, that maintains their biodiversity, productivity, regeneration capacity, vitality and their potential to fulfil, now and in the future, relevant ecological, economic and social functions, at local, national, and global levels, and that does not cause damage to other ecosystems’, |
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—

having regard to MCPFE Helsinki Resolution H1 defining SFM as ‘the stewardship and use of forests and forest lands in a way, and at a rate, that maintains their biodiversity, productivity, regeneration capacity, vitality and their potential to fulfil, now and in the future, relevant ecological, economic and social functions, at local, national, and global levels, and that does not cause damage to other ecosystems’,

| — | having regard to Rule 48 of its Rules of Procedure, |
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—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report by its Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Agriculture and Rural Development and the Committee on Industry, Research and Energy (A7-0113/2011), |
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—

having regard to the report by its Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Agriculture and Rural Development and the Committee on Industry, Research and Energy (A7-0113/2011),

| A. | whereas forests and wooded land cover more than 42 % of the EU’s surface, and forest-based industries, with a turnover of more than EUR 300 billion, provide more than 2 million, mostly rural, jobs, contributing to economic growth, jobs and prosperity through the provision of timber and opportunities for tourism, |
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A.

whereas forests and wooded land cover more than 42 % of the EU’s surface, and forest-based industries, with a turnover of more than EUR 300 billion, provide more than 2 million, mostly rural, jobs, contributing to economic growth, jobs and prosperity through the provision of timber and opportunities for tourism,

| B. | whereas EU forests make up totalities of biospheres comprising not merely trees, providing invaluable ecosystem services including carbon storage, watercourse regulation, landscape preservation, maintenance of soil fertility, protection of soil from erosion and desertification, and protection from natural disasters, all of which are of great significance to agriculture, rural development and the quality of life of European citizens, |
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B.

whereas EU forests make up totalities of biospheres comprising not merely trees, providing invaluable ecosystem services including carbon storage, watercourse regulation, landscape preservation, maintenance of soil fertility, protection of soil from erosion and desertification, and protection from natural disasters, all of which are of great significance to agriculture, rural development and the quality of life of European citizens,

| C. | whereas around 40 % of the EU’s forests are under public ownership and around 60 % of the EU’s forests are owned by more than 10 million private forest owners, so that both private and public stakeholders have a responsibility for forest protection and the sustainable use of forests through the implementation of SFM on the ground, |
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C.

whereas around 40 % of the EU’s forests are under public ownership and around 60 % of the EU’s forests are owned by more than 10 million private forest owners, so that both private and public stakeholders have a responsibility for forest protection and the sustainable use of forests through the implementation of SFM on the ground,

| D. | whereas, despite alarming deforestation rates in various parts of the world, the long-term trend of increasing forest coverage in the EU is stable, and carbon in woody biomass is estimated to be expanding; whereas, despite the generally positive trend, carbon storage in forests across Europe remains far below natural capacity and could reverse to a source, as pressure to increase harvesting levels is increasing and approximately 500 000 hectares of EU forest are lost every year as a result of forest fires and illegal logging, |
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D.

whereas, despite alarming deforestation rates in various parts of the world, the long-term trend of increasing forest coverage in the EU is stable, and carbon in woody biomass is estimated to be expanding; whereas, despite the generally positive trend, carbon storage in forests across Europe remains far below natural capacity and could reverse to a source, as pressure to increase harvesting levels is increasing and approximately 500 000 hectares of EU forest are lost every year as a result of forest fires and illegal logging,

| E. | whereas 30 % of NATURA 2000 sites are forest and other wooded-land habitats, playing an important role as links in the network of biotopes; and whereas 66 % of forest ‘habitat types of Community interest’ have unfavourable conservation status, |
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E.

whereas 30 % of NATURA 2000 sites are forest and other wooded-land habitats, playing an important role as links in the network of biotopes; and whereas 66 % of forest ‘habitat types of Community interest’ have unfavourable conservation status,

| F. | whereas mountain forests account for one third of the total forest area in the EU and are essential to the natural landscape as they help in soil protection and regulating water supply; whereas these forests play a fundamental role in local economic activity, |
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F.

whereas mountain forests account for one third of the total forest area in the EU and are essential to the natural landscape as they help in soil protection and regulating water supply; whereas these forests play a fundamental role in local economic activity,

| G. | whereas protection of the last remaining wilderness areas can contribute to the halting of biodiversity loss and of the degradation of ecosystem services in the EU by 2020, |
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G.

whereas protection of the last remaining wilderness areas can contribute to the halting of biodiversity loss and of the degradation of ecosystem services in the EU by 2020,

| H. | whereas energy generation from solid biomass and biowaste is projected to be 58 % of EU renewables by 2020 and, while forestry biomass share is expected to decrease in relative terms, there is a steadily increasing demand for timber as a source of energy; whereas vigilance is therefore necessary to prevent illegal logging and the intensification of forestry practices that could increase the ratio of felling to increment to over 100 % in some Member States, counteracting climate-change and biodiversity objectives; whereas energy from biomass should be less dependent on forest biomass, |
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H.

whereas energy generation from solid biomass and biowaste is projected to be 58 % of EU renewables by 2020 and, while forestry biomass share is expected to decrease in relative terms, there is a steadily increasing demand for timber as a source of energy; whereas vigilance is therefore necessary to prevent illegal logging and the intensification of forestry practices that could increase the ratio of felling to increment to over 100 % in some Member States, counteracting climate-change and biodiversity objectives; whereas energy from biomass should be less dependent on forest biomass,

| I. | whereas forest protection and protection of forests’ functions should be mainstreamed in all EU policies affecting forests, |
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I.

whereas forest protection and protection of forests’ functions should be mainstreamed in all EU policies affecting forests,

| J. | whereas forests constitute live and evolutionary ecosystems, often cutting across state borders, which may be classified in different ways such as by bioclimatic zones or forest types, and whereas, in order to guide EU policy decisions, the EEA has developed a specific forest nomenclature; whereas the latest scientific achievements from all fields, such as the ‘continental divide’, should be taken into account in EU policies affecting forests, and those policies should avoid the risk of being too broad to be useful, |
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J.

whereas forests constitute live and evolutionary ecosystems, often cutting across state borders, which may be classified in different ways such as by bioclimatic zones or forest types, and whereas, in order to guide EU policy decisions, the EEA has developed a specific forest nomenclature; whereas the latest scientific achievements from all fields, such as the ‘continental divide’, should be taken into account in EU policies affecting forests, and those policies should avoid the risk of being too broad to be useful,

| K. | whereas different forest types and the forestry sector face different and unpredictable biotic and abiotic threats from climate change, such as pests, storms, drought and fire, rendering forest resilience the cornerstone of protection efforts, |
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K.

whereas different forest types and the forestry sector face different and unpredictable biotic and abiotic threats from climate change, such as pests, storms, drought and fire, rendering forest resilience the cornerstone of protection efforts,

| L. | whereas solid and comparable information on the state of EU forests and the consequences of climate change and production patterns in forests is an important precondition for policy and planning, including on forests’ contribution to climate-change mitigation and adaptation, |
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L.

whereas solid and comparable information on the state of EU forests and the consequences of climate change and production patterns in forests is an important precondition for policy and planning, including on forests’ contribution to climate-change mitigation and adaptation,

| M. | whereas wildfires and arson, often carried out for ulterior motives, destroy more than 400 000 hectares of forest per year, especially but not exclusively in the Mediterranean region, at great cost to human life, property, employment, biodiversity and the protective functions of forests; whereas regeneration after fire is especially difficult for all forests, and in the case of the NATURA 2000 network, hinders attainment of the network’s objectives, |
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M.

whereas wildfires and arson, often carried out for ulterior motives, destroy more than 400 000 hectares of forest per year, especially but not exclusively in the Mediterranean region, at great cost to human life, property, employment, biodiversity and the protective functions of forests; whereas regeneration after fire is especially difficult for all forests, and in the case of the NATURA 2000 network, hinders attainment of the network’s objectives,

| N. | whereas the above-mentioned White Paper on adapting to climate change includes forests as one of the key areas of action, stressing that the EU forestry strategy should be updated to include aspects linked to climate change, |
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N.

whereas the above-mentioned White Paper on adapting to climate change includes forests as one of the key areas of action, stressing that the EU forestry strategy should be updated to include aspects linked to climate change,

| O. | whereas only 5 % of the European forest area is old-growth, primary and undisturbed by human activity; whereas the small share of this type of forest, in combination with increased fragmentation of the remaining stands of all forest types, increases the susceptibility of forests to climate threats, and partially explains the continuing poor conservation status of many forest species of European concern, |
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O.

whereas only 5 % of the European forest area is old-growth, primary and undisturbed by human activity; whereas the small share of this type of forest, in combination with increased fragmentation of the remaining stands of all forest types, increases the susceptibility of forests to climate threats, and partially explains the continuing poor conservation status of many forest species of European concern,

| P. | whereas enhancement of forests’ protective functions should form part of the EU and Member States’ strategies for civil protection, especially in the face of climate-related extreme phenomena such as fires and floods, |
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P.

whereas enhancement of forests’ protective functions should form part of the EU and Member States’ strategies for civil protection, especially in the face of climate-related extreme phenomena such as fires and floods,

| Q. | whereas the TEEB report has presented a compelling cost-benefit case for public investment in ecosystem-based approaches to climate-change adaptation and mitigation, particularly with regard to green infrastructure, such as restoring and conserving forests, |
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Q.

whereas the TEEB report has presented a compelling cost-benefit case for public investment in ecosystem-based approaches to climate-change adaptation and mitigation, particularly with regard to green infrastructure, such as restoring and conserving forests,

| R. | whereas diverse national, regional and local forest management systems must be respected as well as assisted, in order to enhance their adaptive capacity, |
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R.

whereas diverse national, regional and local forest management systems must be respected as well as assisted, in order to enhance their adaptive capacity,

| S. | whereas the capacity of European forests to act as effective sinks for CO2, NH3 and NOX is still underexploited, and wood originating from sustainably managed forests may have sustained mitigation benefits, serving as a recyclable, carbon-rich substitute for energy intensive materials such as metal alloys, plastics and concrete that are widely used in construction and other industries, |
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S.

whereas the capacity of European forests to act as effective sinks for CO2, NH3 and NOX is still underexploited, and wood originating from sustainably managed forests may have sustained mitigation benefits, serving as a recyclable, carbon-rich substitute for energy intensive materials such as metal alloys, plastics and concrete that are widely used in construction and other industries,

| T. | whereas, according to data gathered by the Commission, summer warm-up in Southern Europe will be twice as fast as in the rest of Europe and summer precipitation in the South will decrease by 5 % per decade, |
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T.

whereas, according to data gathered by the Commission, summer warm-up in Southern Europe will be twice as fast as in the rest of Europe and summer precipitation in the South will decrease by 5 % per decade,

| U. | whereas the EU FAP has four goals: improving long-term competitiveness, protecting the environment, contributing to quality of life and fostering coordination, and whereas significant progress has been made mainly in achieving the first goal, |
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U.

whereas the EU FAP has four goals: improving long-term competitiveness, protecting the environment, contributing to quality of life and fostering coordination, and whereas significant progress has been made mainly in achieving the first goal,

| V. | whereas the Forest Europe process has achieved a voluntary European consensus on Sustainable Forest Management; whereas the existing context for SFM lacks full recognition and consistent implementation; |
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V.

whereas the Forest Europe process has achieved a voluntary European consensus on Sustainable Forest Management; whereas the existing context for SFM lacks full recognition and consistent implementation;

| W. | whereas, as part of the Forest Europe process, comprehensive preparations have been made for negotiations on a legally binding instrument, and whereas decisions on such an instrument can be expected at the next conference in Oslo in June 2011, |
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W.

whereas, as part of the Forest Europe process, comprehensive preparations have been made for negotiations on a legally binding instrument, and whereas decisions on such an instrument can be expected at the next conference in Oslo in June 2011,

| X. | whereas the Forest Fire Prevention (17) and Forest Focus Regulations (18) have expired, resulting in ad hoc reporting and inadequate funding, |
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X.

whereas the Forest Fire Prevention (17) and Forest Focus Regulations (18) have expired, resulting in ad hoc reporting and inadequate funding,

| Y. | whereas genetic selection should seek, and be geared to improving, the adaptability of the forest ecosystem, |
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Y.

whereas genetic selection should seek, and be geared to improving, the adaptability of the forest ecosystem,

| Z. | whereas more information is needed about the influence of forests on weather patterns at European level, |
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Z.

whereas more information is needed about the influence of forests on weather patterns at European level,

| AA. | whereas the above-mentioned 2009 report to the Commission on ‘EU policy options for the protection of European forests against harmful impacts’ identified and studied four policy options, covering continuation of the current approach, the open method of coordination, increased monitoring and the introduction of a forest framework directive, |
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AA.

whereas the above-mentioned 2009 report to the Commission on ‘EU policy options for the protection of European forests against harmful impacts’ identified and studied four policy options, covering continuation of the current approach, the open method of coordination, increased monitoring and the introduction of a forest framework directive,

| 1. | Welcomes the Commission Green Paper on forest protection and information in the EU: preparing forests for climate change; considers that the EU strategy on forests should be strengthened with a view to improving sustainable management and conservation, in accordance with the subsidiarity and proportionality principles; |
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1.

Welcomes the Commission Green Paper on forest protection and information in the EU: preparing forests for climate change; considers that the EU strategy on forests should be strengthened with a view to improving sustainable management and conservation, in accordance with the subsidiarity and proportionality principles;

| 2. | Emphasises, however, that pursuant to Article 5 of the Treaty on European Union, the EU may act in areas where, demonstrably, the objectives of the proposed action cannot be sufficiently achieved by the Member States; |
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2.

Emphasises, however, that pursuant to Article 5 of the Treaty on European Union, the EU may act in areas where, demonstrably, the objectives of the proposed action cannot be sufficiently achieved by the Member States;

| 3. | Welcomes the Commission’s view that forests should be seen as a major contributor to solving the climate crisis; emphasises that sustainable forest management is of pivotal importance in the EU achieving its climate goals and delivering necessary ecosystem services such as biodiversity, protection against natural disasters, and capturing of CO2 from the atmosphere; |
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3.

Welcomes the Commission’s view that forests should be seen as a major contributor to solving the climate crisis; emphasises that sustainable forest management is of pivotal importance in the EU achieving its climate goals and delivering necessary ecosystem services such as biodiversity, protection against natural disasters, and capturing of CO2 from the atmosphere;

| 4. | Recalls that forests make up biospheres comprising much more than trees, and that their resilience thus depends on the biological diversity not only of trees but of all forest organisms, particularly wild animals living in the forest, and that forests are essential for the adaptation of European societies to climate change; |
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4.

Recalls that forests make up biospheres comprising much more than trees, and that their resilience thus depends on the biological diversity not only of trees but of all forest organisms, particularly wild animals living in the forest, and that forests are essential for the adaptation of European societies to climate change;

| 5. | Recalls that forests are the main repository of carbon and have a vital role to play in the fight against climate change; stresses that it is therefore vital for the EU to reinforce its strategy for combating the factors causing deterioration of forests, such as fires and atmospheric pollution; |
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5.

Recalls that forests are the main repository of carbon and have a vital role to play in the fight against climate change; stresses that it is therefore vital for the EU to reinforce its strategy for combating the factors causing deterioration of forests, such as fires and atmospheric pollution;

| 6. | Is convinced that ecological sustainability is the prerequisite for continuation of the economic and social functions of EU forests; |
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6.

Is convinced that ecological sustainability is the prerequisite for continuation of the economic and social functions of EU forests;

| 7. | Underlines the role that forest biodiversity plays in adaptating to climate change and the need to improve knowledge about forest biodiversity indicators – including in particular forest genetic capacity – in the interests of better adaptation; |
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7.

Underlines the role that forest biodiversity plays in adaptating to climate change and the need to improve knowledge about forest biodiversity indicators – including in particular forest genetic capacity – in the interests of better adaptation;

| 8. | Congratulates the Commission on the exhaustive analysis of biotic and abiotic threats in its Green Paper, and draws attention to the need to examine, in addition, other factors directly linked to the impact of climate change on forests, such as defoliation, recalling that the defoliated treetop surface in southern European forests has doubled in the last 20 years, resulting, in terms of direct consequences, in reduced capacity and efficiency in the carbon-fixing processes and in the reduction of forests’ tempering effect in periods of drought or heatwaves, due to trees’ premature loss of leaves; |
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8.

Congratulates the Commission on the exhaustive analysis of biotic and abiotic threats in its Green Paper, and draws attention to the need to examine, in addition, other factors directly linked to the impact of climate change on forests, such as defoliation, recalling that the defoliated treetop surface in southern European forests has doubled in the last 20 years, resulting, in terms of direct consequences, in reduced capacity and efficiency in the carbon-fixing processes and in the reduction of forests’ tempering effect in periods of drought or heatwaves, due to trees’ premature loss of leaves;

| 9. | Recognises the important contributions made to sustainable forestry by existing global certification schemes, such as the Forest Stewardship Council (FSC) and the Programme for the Endorsement of Forest Certification Schemes (PEFC); |
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9.

Recognises the important contributions made to sustainable forestry by existing global certification schemes, such as the Forest Stewardship Council (FSC) and the Programme for the Endorsement of Forest Certification Schemes (PEFC);

The EU Forestry Strategy and Forest Action Plan

| 10. | Stresses that the above-mentioned EU Forestry Strategy and Forest Action Plan should be updated to include the climate-change dimension and wider forest protection issues; recalls that a comprehensive forest policy debate with the Member States and all stakeholders affected by the implementation of the proposed measures must precede any such review; |
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10.

Stresses that the above-mentioned EU Forestry Strategy and Forest Action Plan should be updated to include the climate-change dimension and wider forest protection issues; recalls that a comprehensive forest policy debate with the Member States and all stakeholders affected by the implementation of the proposed measures must precede any such review;

| 11. | Welcomes the success of EU efforts to achieve global competitiveness for European forest-based industries; |
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11.

Welcomes the success of EU efforts to achieve global competitiveness for European forest-based industries;

| 12. | Calls on the Commission and Member States to intensify efforts to achieve the environment and quality-of-life goals of the FAP, the implementation of which is currently lagging behind; |
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12.

Calls on the Commission and Member States to intensify efforts to achieve the environment and quality-of-life goals of the FAP, the implementation of which is currently lagging behind;

| 13. | Calls on the Commission to conduct an analysis of EU policies impacting on EU forests in order to examine whether they are coherent and guarantee forest protection; |
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13.

Calls on the Commission to conduct an analysis of EU policies impacting on EU forests in order to examine whether they are coherent and guarantee forest protection;

| 14. | Calls on the Commission to conduct an analysis of the funding currently available for forests and forestry and to reallocate existing funds which impact negatively on forest biodiversity, in line with the above-mentioned Council conclusions of March 2010; |
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14.

Calls on the Commission to conduct an analysis of the funding currently available for forests and forestry and to reallocate existing funds which impact negatively on forest biodiversity, in line with the above-mentioned Council conclusions of March 2010;

| 15. | Calls on the Commission and Member States to step up implementation of the actions set out in the Commission Communication of 27 February 2008 on innovative and sustainable forest-based industries in the EU (COM(2008)0113), taking into consideration that excessive regulation may make timber products less competitive compared to non-renewable and energy intensive materials; |
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15.

Calls on the Commission and Member States to step up implementation of the actions set out in the Commission Communication of 27 February 2008 on innovative and sustainable forest-based industries in the EU (COM(2008)0113), taking into consideration that excessive regulation may make timber products less competitive compared to non-renewable and energy intensive materials;

| 16. | Stresses that measures for forest protection should reflect the cross-border nature of biotic and abiotic threats, according to their type, bioclimatic zone and regional conditions; stresses, further, that action to support, coordinate and supplement policy initiatives by the Member States and regions should be taken where the EU possesses added value, and in accordance with the forest nomenclature developed by the EEA; |
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16.

Stresses that measures for forest protection should reflect the cross-border nature of biotic and abiotic threats, according to their type, bioclimatic zone and regional conditions; stresses, further, that action to support, coordinate and supplement policy initiatives by the Member States and regions should be taken where the EU possesses added value, and in accordance with the forest nomenclature developed by the EEA;

| 17. | Stresses that forest protection depends on long-term commitment on the part of Member States, the regions, forest-based industries and both public and private forest owners; |
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17.

Stresses that forest protection depends on long-term commitment on the part of Member States, the regions, forest-based industries and both public and private forest owners;

| 18. | Considers that the northern Boreal forests (taiga) and the Mediterranean forests are of immense value in terms of European biodiversity and as sinks of atmospheric carbon, and should benefit from enhanced protection; |
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18.

Considers that the northern Boreal forests (taiga) and the Mediterranean forests are of immense value in terms of European biodiversity and as sinks of atmospheric carbon, and should benefit from enhanced protection;

| 19. | Considers that long-term forest planning should be flexible, adaptive and participative, taking into account all conceivable scenarios, allowing for consideration of multiple options for future development, and providing a realistic and reliable basis for management decision support; considers, further, that at EU level this should take the form of a permanent ‘Forest Forum’ to ensure long-term forest protection; |
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19.

Considers that long-term forest planning should be flexible, adaptive and participative, taking into account all conceivable scenarios, allowing for consideration of multiple options for future development, and providing a realistic and reliable basis for management decision support; considers, further, that at EU level this should take the form of a permanent ‘Forest Forum’ to ensure long-term forest protection;

Sustainable forest management

| 20. | Welcomes the success of Forest Europe in enhancing SFM and achieving European consensus on SFM guidelines, criteria and indicators; notes however that the existing context of SFM, lacks consistent implementation; |
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20.

Welcomes the success of Forest Europe in enhancing SFM and achieving European consensus on SFM guidelines, criteria and indicators; notes however that the existing context of SFM, lacks consistent implementation;

| 21. | Recalls that the aim of SFM is to reconcile production and protection aspects of forests, ensuring the continuity of their economic, social and environmental functions, in accordance with national, regional and local priorities; notes with concern that the growing trend to consider forests only from an economic perspective, forgetting their environmental and social aspects, is incompatible with the principles of SFM; |
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21.

Recalls that the aim of SFM is to reconcile production and protection aspects of forests, ensuring the continuity of their economic, social and environmental functions, in accordance with national, regional and local priorities; notes with concern that the growing trend to consider forests only from an economic perspective, forgetting their environmental and social aspects, is incompatible with the principles of SFM;

| 22. | Calls for the Commission to make proposals to complement the above-mentioned Timber Regulation (EU) 995/2010 to ensure that all timber or timber products placed on the European market are sourced from sustainably managed forests; |
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22.

Calls for the Commission to make proposals to complement the above-mentioned Timber Regulation (EU) 995/2010 to ensure that all timber or timber products placed on the European market are sourced from sustainably managed forests;

| 23. | Encourages the Member States and the Commission to continue their efforts to stamp out illegal logging and the trade in timber thus produced, as by so doing they will help to combat deforestation, forest degradation and biodiversity loss; |
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23.

Encourages the Member States and the Commission to continue their efforts to stamp out illegal logging and the trade in timber thus produced, as by so doing they will help to combat deforestation, forest degradation and biodiversity loss;

| 24. | Calls for a strengthening of the link between national forest programmes (NFPs) and the FAP through structured reporting to the Standing Forestry Committee; |
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24.

Calls for a strengthening of the link between national forest programmes (NFPs) and the FAP through structured reporting to the Standing Forestry Committee;

| 25. | Considers that SFM is essential to the continuing ability of EU forests to carry out economic, ecological and social functions; calls on the Commission and Member States to demonstrate their support for the Forest Europe process by making SFM implementation mandatory within the EU; considers, further, that such a commitment would help assimilate sustainability principles into forestry and serve as the best possible support for the Forest Europe process and the legally binding agreements being considered by Forest Europe and the United Nations Forum on Forests; |
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25.

Considers that SFM is essential to the continuing ability of EU forests to carry out economic, ecological and social functions; calls on the Commission and Member States to demonstrate their support for the Forest Europe process by making SFM implementation mandatory within the EU; considers, further, that such a commitment would help assimilate sustainability principles into forestry and serve as the best possible support for the Forest Europe process and the legally binding agreements being considered by Forest Europe and the United Nations Forum on Forests;

| 26. | Advocates full implementation of active SFM in the context of long-term NFPs incorporating national and regional priorities, measurable targets and evaluation criteria and taking account of the increased threats to forests from climate change; |
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26.

Advocates full implementation of active SFM in the context of long-term NFPs incorporating national and regional priorities, measurable targets and evaluation criteria and taking account of the increased threats to forests from climate change;

| 27. | Stresses that rural development plans and operational programmes should not be considered as equivalent to NFPs; calls on the Commission and Member States to ensure that NFPs take into account the conclusions and recommendations of the studies on the impact of climate change on water resources, ecosystems and biodiversity, and that rural development strategies and programmes are consistent with forest programmes, biodiversity strategies and renewable energy action plans; |
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27.

Stresses that rural development plans and operational programmes should not be considered as equivalent to NFPs; calls on the Commission and Member States to ensure that NFPs take into account the conclusions and recommendations of the studies on the impact of climate change on water resources, ecosystems and biodiversity, and that rural development strategies and programmes are consistent with forest programmes, biodiversity strategies and renewable energy action plans;

| 28. | Notes that genetic diversity, natural regeneration and diversity in structure and species mixture among all organisms living in the forest are common elements in forest adaptation options, cutting across all bioclimatic zones, sustainable management systems and forest types; notes further that SFM guarantees economic viability for commercial forests but does not impose it in the case of those forests with primary functions other than the production of timber; |
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28.

Notes that genetic diversity, natural regeneration and diversity in structure and species mixture among all organisms living in the forest are common elements in forest adaptation options, cutting across all bioclimatic zones, sustainable management systems and forest types; notes further that SFM guarantees economic viability for commercial forests but does not impose it in the case of those forests with primary functions other than the production of timber;

| 29. | Considers that long-term forest protection depends upon establishing or sustaining forest ecosystems with highly diverse tree composition, age and structure; |
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29.

Considers that long-term forest protection depends upon establishing or sustaining forest ecosystems with highly diverse tree composition, age and structure;

| 30. | Calls on the Commission to put forward recommendations on ways of adapting national civil protection systems to cope with the impact of climate change on forests; particularly urges the Commission to take action to expand the European Forest Fire Tactical Reserve in terms of resources and capacity; |
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30.

Calls on the Commission to put forward recommendations on ways of adapting national civil protection systems to cope with the impact of climate change on forests; particularly urges the Commission to take action to expand the European Forest Fire Tactical Reserve in terms of resources and capacity;

| 31. | Warns against unrestricted commercial exploitation of forest resources, which, particularly in the case of natural forests, very often leads to their irreversible destruction; |
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31.

Warns against unrestricted commercial exploitation of forest resources, which, particularly in the case of natural forests, very often leads to their irreversible destruction;

| 32. | Considers that, given their importance in CO2 sequestration, agro-forestry trees should be considered in the same way as non-productive traditional woodlands in relation to the fight against climate change; |
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32.

Considers that, given their importance in CO2 sequestration, agro-forestry trees should be considered in the same way as non-productive traditional woodlands in relation to the fight against climate change;

General proposals

| 33. | Calls on the Commission to proceed with the drafting of a White Paper on Forest Protection in the EU, taking into account the results of the public consultation on the Green Paper, the widely perceived need to be prepared for climate change, the policy options study and the adaptation options study; considers that the White Paper, in addition to confirming the contribution of forests to the economy through wood and non-wood forest products and services, should focus on maintaining and increasing European forests, as they help European societies to mitigate climate change and adapt to its effects; considers further that a higher level of protection must be ensured for high-quality habitats and protective forests with functions in countering flooding, landslides, fires, desertification, loss of biodiversity and extreme weather catastrophes; considers adequate financial resources, knowledge exchange and the promotion of research and information to be indispensable aspects of the Commission’s proposals; |
| --- | --- |

33.

Calls on the Commission to proceed with the drafting of a White Paper on Forest Protection in the EU, taking into account the results of the public consultation on the Green Paper, the widely perceived need to be prepared for climate change, the policy options study and the adaptation options study; considers that the White Paper, in addition to confirming the contribution of forests to the economy through wood and non-wood forest products and services, should focus on maintaining and increasing European forests, as they help European societies to mitigate climate change and adapt to its effects; considers further that a higher level of protection must be ensured for high-quality habitats and protective forests with functions in countering flooding, landslides, fires, desertification, loss of biodiversity and extreme weather catastrophes; considers adequate financial resources, knowledge exchange and the promotion of research and information to be indispensable aspects of the Commission’s proposals;

| 34. | Reaffirms its view on the need for increased levels of funding for EU forest protection measures, through the rural development pillar of the Common Agriculture Policy (CAP); points out that the new challenges entailed in climate change make it plain that forest protection requires greater funding and that new forms of assistance may be required; |
| --- | --- |

34.

Reaffirms its view on the need for increased levels of funding for EU forest protection measures, through the rural development pillar of the Common Agriculture Policy (CAP); points out that the new challenges entailed in climate change make it plain that forest protection requires greater funding and that new forms of assistance may be required;

| 35. | Urges the Commission carefully to study, and to report to Parliament and the Council on, options for payment for ecosystem services that acknowledge their economic value and reward forest biodiversity conservation and the restoration of forest ecosystems; points out that it is important that business recognises the credibility, publicity and other financial benefits that flow from its involvement in biodiversity conservation and forest protection; |
| --- | --- |

35.

Urges the Commission carefully to study, and to report to Parliament and the Council on, options for payment for ecosystem services that acknowledge their economic value and reward forest biodiversity conservation and the restoration of forest ecosystems; points out that it is important that business recognises the credibility, publicity and other financial benefits that flow from its involvement in biodiversity conservation and forest protection;

| 36. | Urges the Commission to present a legislative proposal for forest fire prevention, incorporating funding for prevention plans and risk assessment, the European Forest Fires Information System (EFFIS), fire detection, infrastructure, training and education, and forest recovery after fires, including consideration of a 30-year ban on building on land where there has been a forest fire; |
| --- | --- |

36.

Urges the Commission to present a legislative proposal for forest fire prevention, incorporating funding for prevention plans and risk assessment, the European Forest Fires Information System (EFFIS), fire detection, infrastructure, training and education, and forest recovery after fires, including consideration of a 30-year ban on building on land where there has been a forest fire;

| 37. | Urges the Commission to submit a legislative proposal prohibiting building on land cleared by fires proven to have resulted from arson; |
| --- | --- |

37.

Urges the Commission to submit a legislative proposal prohibiting building on land cleared by fires proven to have resulted from arson;

| 38. | Calls for the removal of legal obstacles to sustainable management; |
| --- | --- |

38.

Calls for the removal of legal obstacles to sustainable management;

| 39. | Points to the need to lay down the financial framework required to boost forest firefighting, and also calls for greater flexibility to be brought to mobilisation of the Solidarity Fund; |
| --- | --- |

39.

Points to the need to lay down the financial framework required to boost forest firefighting, and also calls for greater flexibility to be brought to mobilisation of the Solidarity Fund;

| 40. | Urges the Commission to present a legislative proposal on forest information, taking into account climate threats and the need for collection and dissemination of relevant, harmonised and comparable data on forest cover, biodiversity, biotic and abiotic threats and land use in the context of the UNFCCC, CBD and environmental accounts; calls further on the Commission to compile and monitor indicators relating to the protective functions of forests such as soil retention and water capacity; |
| --- | --- |

40.

Urges the Commission to present a legislative proposal on forest information, taking into account climate threats and the need for collection and dissemination of relevant, harmonised and comparable data on forest cover, biodiversity, biotic and abiotic threats and land use in the context of the UNFCCC, CBD and environmental accounts; calls further on the Commission to compile and monitor indicators relating to the protective functions of forests such as soil retention and water capacity;

| 41. | Calls on the Commission to support research into the influence of forests on regional weather patterns in the EU, so as to inform forest management strategies with regard to changes in the size, composition and location of forests and the impact of such changes; |
| --- | --- |

41.

Calls on the Commission to support research into the influence of forests on regional weather patterns in the EU, so as to inform forest management strategies with regard to changes in the size, composition and location of forests and the impact of such changes;

| 42. | Asks the Commission and Member States to develop and disseminate best-practice guidelines based on the principles of sustainable management to fit the needs of private and state owners as well as local communities, in order to ensure resilience to climate change; notes further the importance of exchanging best practice on how companies and sectors of industry can contribute to biodiversity targets and enhance life-cycle thinking, and how they can build the link between biodiversity conservation and revenue generation; highlights the need to reinforce communication and information policy in order to ensure the sustainable management of forests, to inform the public and to encourage the use of sustainable wood; |
| --- | --- |

42.

Asks the Commission and Member States to develop and disseminate best-practice guidelines based on the principles of sustainable management to fit the needs of private and state owners as well as local communities, in order to ensure resilience to climate change; notes further the importance of exchanging best practice on how companies and sectors of industry can contribute to biodiversity targets and enhance life-cycle thinking, and how they can build the link between biodiversity conservation and revenue generation; highlights the need to reinforce communication and information policy in order to ensure the sustainable management of forests, to inform the public and to encourage the use of sustainable wood;

| 43. | Stresses the need to enhance coordination and information efforts with regard to forest protection; takes the view that greater efforts are needed to ensure that internal EU measures are consistent with external policy statements concerning forests (cooperation, development, exotic wood trade, etc.); |
| --- | --- |

43.

Stresses the need to enhance coordination and information efforts with regard to forest protection; takes the view that greater efforts are needed to ensure that internal EU measures are consistent with external policy statements concerning forests (cooperation, development, exotic wood trade, etc.);

| 44. | Considers that forests are part of mankind’s collective cultural and environmental heritage and that remarkable trees should be protected whether they are located within or outside forests; in this regard, calls on the Commission and Member States to devise appropriate strategies for their protection, including the consideration of ‘Forest Heritage Observatories’; further, encourages Member States, in the context of their national policies, to promote equal and public access to forests and nature areas, recognising that the right of public access to forests and nature areas (allemansrätten) as practised in certain Member States brings many benefits in terms of democratic access for recreation, appreciation of ecosystems and respect for natural heritage; |
| --- | --- |

44.

Considers that forests are part of mankind’s collective cultural and environmental heritage and that remarkable trees should be protected whether they are located within or outside forests; in this regard, calls on the Commission and Member States to devise appropriate strategies for their protection, including the consideration of ‘Forest Heritage Observatories’; further, encourages Member States, in the context of their national policies, to promote equal and public access to forests and nature areas, recognising that the right of public access to forests and nature areas (allemansrätten) as practised in certain Member States brings many benefits in terms of democratic access for recreation, appreciation of ecosystems and respect for natural heritage;

| 45. | In order to achieve the objectives of the EU 2020 strategy with regard to national forest action plans, requests that each Member State or region develop a forest strategy which includes reafforestation of river banks, the capture of rainwater, agricultural activities and research results for selection of the traditional plant and tree varieties and species best adapted to drought; |
| --- | --- |

45.

In order to achieve the objectives of the EU 2020 strategy with regard to national forest action plans, requests that each Member State or region develop a forest strategy which includes reafforestation of river banks, the capture of rainwater, agricultural activities and research results for selection of the traditional plant and tree varieties and species best adapted to drought;

Research on forests

| 46. | Emphasises that, although Europe possesses undeniable know-how about forestry, which stems from long-standing traditional forestry practices, financial resources for research into the impact of climate change on forests need to be increased; is of the opinion that, in view of the scientific uncertainty surrounding the timescale and extent of the threats to forests in different areas, it is necessary to earmark funding for climate research according to specific needs and solutions applicable to different bioclimatic zones, so as to improve the relevant knowledge base; |
| --- | --- |

46.

Emphasises that, although Europe possesses undeniable know-how about forestry, which stems from long-standing traditional forestry practices, financial resources for research into the impact of climate change on forests need to be increased; is of the opinion that, in view of the scientific uncertainty surrounding the timescale and extent of the threats to forests in different areas, it is necessary to earmark funding for climate research according to specific needs and solutions applicable to different bioclimatic zones, so as to improve the relevant knowledge base;

| 47. | Asks the Member States to set up joint long-term research programmes to improve understanding of impacts and vulnerability and to support adaptation measures in the forest sector; calls on the Commission to promote the inclusion in the multiannual framework for research and technological development of projects relating to the knowledge of forest ecosystems and their capacity for adapting to the consequences of climate change; |
| --- | --- |

47.

Asks the Member States to set up joint long-term research programmes to improve understanding of impacts and vulnerability and to support adaptation measures in the forest sector; calls on the Commission to promote the inclusion in the multiannual framework for research and technological development of projects relating to the knowledge of forest ecosystems and their capacity for adapting to the consequences of climate change;

| 48. | Calls on the Commission to draw up an action plan to protect EU forests in order to forestall the adverse impact of proliferation of insects and diseases caused by climate change; |
| --- | --- |

48.

Calls on the Commission to draw up an action plan to protect EU forests in order to forestall the adverse impact of proliferation of insects and diseases caused by climate change;

| 49. | Calls on the Member States to drive forward research into climate change and its consequences for forests; to foster broader awareness of the diverse significance of forests and the importance of managing them sustainably; to support initial and in-service training for forestry employees, focusing on areas of expertise expected to be required as a result of climate change (the promotion of diversity, damage prevention and recovery); and to encourage the exchange of knowledge and experience; |
| --- | --- |

49.

Calls on the Member States to drive forward research into climate change and its consequences for forests; to foster broader awareness of the diverse significance of forests and the importance of managing them sustainably; to support initial and in-service training for forestry employees, focusing on areas of expertise expected to be required as a result of climate change (the promotion of diversity, damage prevention and recovery); and to encourage the exchange of knowledge and experience;

| 50. | Considers that, given the need for effective research into the ‘defence potential’ of forest ecosystems, for prognostic research and for research into strategies for mitigating the effects of climate change for the entire forestry and timber sector, coordination and funding at EU level is required; |
| --- | --- |

50.

Considers that, given the need for effective research into the ‘defence potential’ of forest ecosystems, for prognostic research and for research into strategies for mitigating the effects of climate change for the entire forestry and timber sector, coordination and funding at EU level is required;

CAP Pillar 2

| 51. | Points out that discussions on the future of the CAP after 2013 should take account of the fact that forests provide essential environmental functions and contribute to achievement of the social and economic objectives of rural development and national economies; calls therefore on Member States and regions to cooperate fully with forest authorities and the wider public in the preparation of rural development programmes to ensure consistency between EU policies, taking into account that forestry may, in some cases, be an independent sector of the rural economy; |
| --- | --- |

51.

Points out that discussions on the future of the CAP after 2013 should take account of the fact that forests provide essential environmental functions and contribute to achievement of the social and economic objectives of rural development and national economies; calls therefore on Member States and regions to cooperate fully with forest authorities and the wider public in the preparation of rural development programmes to ensure consistency between EU policies, taking into account that forestry may, in some cases, be an independent sector of the rural economy;

| 52. | Recalls that forests play a key role in the provision of socio-economic and environmental public goods for the well-being of society and for development, particularly in rural areas; calls on the Commission to devise a policy approach which recognises this role, while respecting owners’ property rights; |
| --- | --- |

52.

Recalls that forests play a key role in the provision of socio-economic and environmental public goods for the well-being of society and for development, particularly in rural areas; calls on the Commission to devise a policy approach which recognises this role, while respecting owners’ property rights;

| 53. | Welcomes the fact that the latest Commission Communication on CAP reform (19) recognises the important roles that farmers play as indispensable actors in forest fire prevention, as stewards of forest ecosystems who protect them from threats to biodiversity – such as pests – and, above all, as territorial mainstays, since the continuation of their livelihood is the most effective way of averting depopulation; |
| --- | --- |

53.

Welcomes the fact that the latest Commission Communication on CAP reform (19) recognises the important roles that farmers play as indispensable actors in forest fire prevention, as stewards of forest ecosystems who protect them from threats to biodiversity – such as pests – and, above all, as territorial mainstays, since the continuation of their livelihood is the most effective way of averting depopulation;

| 54. | Maintains that rural producers, producer groups and public bodies should be made eligible for forestry measures in the second pillar of the CAP; considers that the EU should continue to provide aid for forestation under the national rural development programmes, while making sure that these initiatives do not interfere with the market and that forestation measures rely on local, pest-resistant and fire-resistant material and contribute to biodiversity conservation; stresses further that forestation efforts must prioritise tree species which considerably improve the quality of soil and biodiversity, while respecting the characteristics of the location of planting, native species and the need for mixed forests; |
| --- | --- |

54.

Maintains that rural producers, producer groups and public bodies should be made eligible for forestry measures in the second pillar of the CAP; considers that the EU should continue to provide aid for forestation under the national rural development programmes, while making sure that these initiatives do not interfere with the market and that forestation measures rely on local, pest-resistant and fire-resistant material and contribute to biodiversity conservation; stresses further that forestation efforts must prioritise tree species which considerably improve the quality of soil and biodiversity, while respecting the characteristics of the location of planting, native species and the need for mixed forests;

| 55. | Draws attention, as the Council did in its conclusions of 11 June 2010, to the fact that serious problems can arise from forest abandonment insofar as it may no longer be possible to ensure that forests continue to perform their functions; |
| --- | --- |

55.

Draws attention, as the Council did in its conclusions of 11 June 2010, to the fact that serious problems can arise from forest abandonment insofar as it may no longer be possible to ensure that forests continue to perform their functions;

| 56. | Considers it necessary to encourage and support the setting up of associations of producers and forest management bodies practising SFM, particularly in areas characterised by small forests, as this will help to balance the supply of the many goods and services that forests can provide; considers that such associations and bodies would strengthen producers’ bargaining power in the timber supply chain, helping to provide and create a level playing field while contributing simultaneously to tackling the problems of the economic crisis, international competition and climate change and combating illegal logging; |
| --- | --- |

56.

Considers it necessary to encourage and support the setting up of associations of producers and forest management bodies practising SFM, particularly in areas characterised by small forests, as this will help to balance the supply of the many goods and services that forests can provide; considers that such associations and bodies would strengthen producers’ bargaining power in the timber supply chain, helping to provide and create a level playing field while contributing simultaneously to tackling the problems of the economic crisis, international competition and climate change and combating illegal logging;

| 57. | Maintains that assistance to public and private actors protecting forest biodiversity of species, habitats and ecosystem services must increase and include voluntary protection methods and areas connecting NATURA 2000 sites, as biodiversity is vital to the maintenance, development and adaptation of agriculture; |
| --- | --- |

57.

Maintains that assistance to public and private actors protecting forest biodiversity of species, habitats and ecosystem services must increase and include voluntary protection methods and areas connecting NATURA 2000 sites, as biodiversity is vital to the maintenance, development and adaptation of agriculture;

| 58. | Calls for the invoice-based system of remuneration to be replaced by a system of standard or area-based costs; |
| --- | --- |

58.

Calls for the invoice-based system of remuneration to be replaced by a system of standard or area-based costs;

| 59. | Calls for the development of a standard for good forestry practices to be used as a baseline for support under all forest measures; |
| --- | --- |

59.

Calls for the development of a standard for good forestry practices to be used as a baseline for support under all forest measures;

| 60. | Calls for the mandatory inclusion of forest environment and Natura 2000 measures in rural development programmes, and for area-based support for the Natura 2000 network under direct payments; |
| --- | --- |

60.

Calls for the mandatory inclusion of forest environment and Natura 2000 measures in rural development programmes, and for area-based support for the Natura 2000 network under direct payments;

| 61. | Calls for the inclusion of a new CAP measure for ‘in-situ and ex-situ conservation of source-identified forest genetic material’; |
| --- | --- |

61.

Calls for the inclusion of a new CAP measure for ‘in-situ and ex-situ conservation of source-identified forest genetic material’;

| 62. | Strongly rejects the application of intellectual property rights over forest genetic resources; |
| --- | --- |

62.

Strongly rejects the application of intellectual property rights over forest genetic resources;

| 63. | Urges the Commission and Member States to guarantee the long-term horizons of forestry and forest protection projects in all EU financing; |
| --- | --- |

63.

Urges the Commission and Member States to guarantee the long-term horizons of forestry and forest protection projects in all EU financing;

Civil protection and fire prevention

| 64. | Is convinced that preventing forest fires is much more cost-effective than combating them; |
| --- | --- |

64.

Is convinced that preventing forest fires is much more cost-effective than combating them;

| 65. | Draws attention to the urgent need to implement the recommendations on the prevention of natural or human-made disasters which it recently adopted (20), especially those concerning support for afforestation/reafforestation schemes giving preference to local species and mixed forests, in the interests of biodiversity and improved resistance to fires, storms and diseases; also draws attention to the added difficulties faced by islands and the outermost regions in tackling fires; calls for such regions to be given special treatment through the various financial instruments available, including the Solidarity Fund; |
| --- | --- |

65.

Draws attention to the urgent need to implement the recommendations on the prevention of natural or human-made disasters which it recently adopted (20), especially those concerning support for afforestation/reafforestation schemes giving preference to local species and mixed forests, in the interests of biodiversity and improved resistance to fires, storms and diseases; also draws attention to the added difficulties faced by islands and the outermost regions in tackling fires; calls for such regions to be given special treatment through the various financial instruments available, including the Solidarity Fund;

| 66. | Considers that forest fire prevention through landscape planning and connectivity, infrastructure and training should be firmly anchored in the EU’s forest protection, adaptation and civil protection policies; |
| --- | --- |

66.

Considers that forest fire prevention through landscape planning and connectivity, infrastructure and training should be firmly anchored in the EU’s forest protection, adaptation and civil protection policies;

| 67. | Points out that, in arid areas and regions at risk of desertification, reafforestation with productive species will benefit the inhabitants and secure their involvement in the tasks of conservation and firefighting; |
| --- | --- |

67.

Points out that, in arid areas and regions at risk of desertification, reafforestation with productive species will benefit the inhabitants and secure their involvement in the tasks of conservation and firefighting;

| 68. | Stresses the indisputable importance for public safety of forest areas which protect human habitats from the negative impact of natural phenomena; |
| --- | --- |

68.

Stresses the indisputable importance for public safety of forest areas which protect human habitats from the negative impact of natural phenomena;

Emissions reporting and accounting

| 69. | Considers that the Emissions Trading Scheme (ETS) in its current form is incompatible with LULUCF accounting, primarily as a result of the difference between annual compliance requirements for industrial installations under the ETS and the longer timescales required for carbon stock changes in landholdings to occur and be observed; and therefore no linkage should be made; in this regard, calls on the Commission to reconsider how best to provide funding for carbon savings from LULUCF activities; |
| --- | --- |

69.

Considers that the Emissions Trading Scheme (ETS) in its current form is incompatible with LULUCF accounting, primarily as a result of the difference between annual compliance requirements for industrial installations under the ETS and the longer timescales required for carbon stock changes in landholdings to occur and be observed; and therefore no linkage should be made; in this regard, calls on the Commission to reconsider how best to provide funding for carbon savings from LULUCF activities;

| 70. | Acknowledges the challenges associated with any consideration of inclusion of LULUCF in Member States’ targets under the Effort Sharing Decision; is concerned in particular that differences in accounting precision and a large degree of natural variation could undermine the compliance regime under that Decision; calls therefore for separate targets for the LULUCF sector; |
| --- | --- |

70.

Acknowledges the challenges associated with any consideration of inclusion of LULUCF in Member States’ targets under the Effort Sharing Decision; is concerned in particular that differences in accounting precision and a large degree of natural variation could undermine the compliance regime under that Decision; calls therefore for separate targets for the LULUCF sector;

| 71. | Expresses its commitment to meeting the EU 2020 renewable energy target and the 2 degree Celsius climate-change target; is concerned however that the short time-frames used in the current greenhouse gas (GHG) calculation methodology, and the resulting carbon neutrality assumption for woody biomass, could hinder their achievement; calls on the Commission to consult the IPCC and establish a new GHG calculation methodology, controlling for longer time horizons and for biomass emissions from land use, land use change and forest management assessing carbon flow on a national level, and integrating the different phases in forestry (planting, thinning and harvesting); |
| --- | --- |

71.

Expresses its commitment to meeting the EU 2020 renewable energy target and the 2 degree Celsius climate-change target; is concerned however that the short time-frames used in the current greenhouse gas (GHG) calculation methodology, and the resulting carbon neutrality assumption for woody biomass, could hinder their achievement; calls on the Commission to consult the IPCC and establish a new GHG calculation methodology, controlling for longer time horizons and for biomass emissions from land use, land use change and forest management assessing carbon flow on a national level, and integrating the different phases in forestry (planting, thinning and harvesting);

| 72. | States that the current ‘biofuel’ criteria developed by the Commission are not suitable in the case of biomass and calls for the development of new legally binding sustainability criteria for biomass promoted for the use of energy; states that the Commission should consult the work and the findings of Forest Europe so as to develop criteria which factor in possible risks of distortion in the renewable energy market, do not rely on the carbon neutrality assumption, address indirect emissions, and do not undermine the EU 2020 renewable energy and biodiversity targets; notes that detailed implementation of the criteria should be left to the local level, taking into account site-specific conditions; |
| --- | --- |

72.

States that the current ‘biofuel’ criteria developed by the Commission are not suitable in the case of biomass and calls for the development of new legally binding sustainability criteria for biomass promoted for the use of energy; states that the Commission should consult the work and the findings of Forest Europe so as to develop criteria which factor in possible risks of distortion in the renewable energy market, do not rely on the carbon neutrality assumption, address indirect emissions, and do not undermine the EU 2020 renewable energy and biodiversity targets; notes that detailed implementation of the criteria should be left to the local level, taking into account site-specific conditions;

| 73. | Calls for the application of forest definitions based on an ecological forest classification such as the one proposed by the EEA in 2007, so as to be able to differentiate between carbon-rich old forests, intensively managed monocultures and other forest types, including Mediterranean shrub, according to biomes and stages of succession; |
| --- | --- |

73.

Calls for the application of forest definitions based on an ecological forest classification such as the one proposed by the EEA in 2007, so as to be able to differentiate between carbon-rich old forests, intensively managed monocultures and other forest types, including Mediterranean shrub, according to biomes and stages of succession;

| 74. | Stresses the importance of protecting the diversity of forests at all stages of succession within the EU, in order to ensure biodiversity of and within forests, as each stage of succession creates conditions for the following, and without concerted protection at all the various stages succession in the latter stages will be severely endangered; |
| --- | --- |

74.

Stresses the importance of protecting the diversity of forests at all stages of succession within the EU, in order to ensure biodiversity of and within forests, as each stage of succession creates conditions for the following, and without concerted protection at all the various stages succession in the latter stages will be severely endangered;

External dimension

| 75. | Calls on the Commission and Member States to work internationally to establish a new UN definition of forests which clarifies natural forest definitions on a biome basis and distinguishes between native forests and those dominated by tree monocultures and non-native species; notes, in this respect that – the EU being the biggest public aid donor to developing countries (with the forest sector receiving more than EUR 600 million in 2003) – this definition would greatly enhance policy coherence and ‘value for money’; regrets that the Green Paper fails to register progress on the need to coordinate EU actions within and outside the Union and to achieve a global legally binding agreement under the UN Forum on Forests; |
| --- | --- |

75.

Calls on the Commission and Member States to work internationally to establish a new UN definition of forests which clarifies natural forest definitions on a biome basis and distinguishes between native forests and those dominated by tree monocultures and non-native species; notes, in this respect that – the EU being the biggest public aid donor to developing countries (with the forest sector receiving more than EUR 600 million in 2003) – this definition would greatly enhance policy coherence and ‘value for money’; regrets that the Green Paper fails to register progress on the need to coordinate EU actions within and outside the Union and to achieve a global legally binding agreement under the UN Forum on Forests;

| 76. | Notes the importance of global cooperation, at both administrative and research level, on standard setting, best practices and transfers of technology and scientific know-how, especially in the context of the REDD (Reducing Emissions from Deforestation and Forest Degradation) system; also points out that fair sharing of the benefits of the REDD system cannot be achieved without active cooperation and the exchange of best practices; stresses the importance of the GMES (Global Monitoring for Environment and Security) programme in the charting, surveillance and recording of forest areas at European and international level and the contribution that the information thus gathered can make to the UN negotiations on climate change; |
| --- | --- |

76.

Notes the importance of global cooperation, at both administrative and research level, on standard setting, best practices and transfers of technology and scientific know-how, especially in the context of the REDD (Reducing Emissions from Deforestation and Forest Degradation) system; also points out that fair sharing of the benefits of the REDD system cannot be achieved without active cooperation and the exchange of best practices; stresses the importance of the GMES (Global Monitoring for Environment and Security) programme in the charting, surveillance and recording of forest areas at European and international level and the contribution that the information thus gathered can make to the UN negotiations on climate change;

*

* *

| 77. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

77.

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

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(1)  OJ C 81 E, 15.3.2011, p. 115.

(2)  OJ C 56, 26.2.1999, p. 1.

(3)  Service Contract No. 30-CE-0227729/00-59.

(4)  OJ L 20, 26.1.2010, p. 7.

(5)  Texts adopted, P7_TA(2010)0325.

(6)  OJ C 67 E, 18.3.2010, p. 1.

(7)  Tender No AGRI-2008-EVAL-10 // Framework Contract No. 30-CE-0101908/00-50.

(8)  OJ L 140 5.6.2009, p. 16.

(9)  OJ L 140, 5.6.2009, p. 63.

(10)  OJ L 140, 5.6.2009, p. 136.

(11)  Report of 16/9/2010.

(12)  OJ L 11, 15.1.2000, p. 17

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

(14)  AGRI-2007-G4-06.

(15)  ENV.B.1/ETU/2008/0049.

(16)  OJ L 295, 12.11.2010, p. 23.

(17)  Council Regulation (EEC) No 2158/92 of 23 July 1992 on protection of the Community's forests against fire, (OJ L 217, 31.7.1992, p. 3).

(18)  Regulation (EC) No 2152/2003 of the European Parliament and of the Council of 17 November 2003 concerning monitoring of forests and environmental interactions in the Community (Forest Focus), (OJ L 324, 11.12.2003, p. 1).

(19)  Commission Communication of 18 November 2010 entitled "The CAP towards 2020:Meeting the food, natural resources and territorial challenges of the future." (COM(2010)0672).

(20)  European Parliament resolution of 21 September 2010 on the Commission communication: A Community approach on the prevention of natural and man-made disasters (P7_TA(2010)0326).

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| 7.12.2012 | EN | Official Journal of the European Union | CE 377/35 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/35

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Wednesday 11 May 2011Annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy (CFSP) in 2009

P7_TA(2011)0227

European Parliament resolution of 11 May 2011 on the annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy (CFSP) in 2009, presented to the European Parliament in application of Part II, Section G, paragraph 43 of the Interinstitutional Agreement of 17 May 2006 (2010/2124(INI))

2012/C 377 E/06

The European Parliament,

| — | having regard to the annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy (CFSP) in 2009, presented to the European Parliament pursuant to Part II, Section G, paragraph 43, of the Interinstitutional Agreement of 17 May 2006 (1), |
| --- | --- |

—

having regard to the annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy (CFSP) in 2009, presented to the European Parliament pursuant to Part II, Section G, paragraph 43, of the Interinstitutional Agreement of 17 May 2006 (1),

| — | having regard to the above-mentioned Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management, |
| --- | --- |

—

having regard to the above-mentioned Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management,

| — | having regard to its resolutions of 19 February 2009 (2) and 10 March 2010 (3) on the 2007 and 2008 CFSP annual reports respectively, |
| --- | --- |

—

having regard to its resolutions of 19 February 2009 (2) and 10 March 2010 (3) on the 2007 and 2008 CFSP annual reports respectively,

| — | having regard to its position of 8 July 2010 (4) on the European External Action Service, |
| --- | --- |

—

having regard to its position of 8 July 2010 (4) on the European External Action Service,

| — | having regard to its resolution of 11 November 2010 on strengthening the OSCE: a role for the EU (5), |
| --- | --- |

—

having regard to its resolution of 11 November 2010 on strengthening the OSCE: a role for the EU (5),

| — | having regard to the declaration by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on political accountability (6), |
| --- | --- |

—

having regard to the declaration by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on political accountability (6),

| — | having regard to the statement made by the High Representative in the plenary of the European Parliament on the basic organisation of the EEAS central administration on 8 July 2010 (6), |
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—

having regard to the statement made by the High Representative in the plenary of the European Parliament on the basic organisation of the EEAS central administration on 8 July 2010 (6),

| — | having regard to the conclusions of the European Council of 16 September 2010 on the EU’s external relations, |
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—

having regard to the conclusions of the European Council of 16 September 2010 on the EU’s external relations,

| — | having regard to Rule 119(1) of its Rules of Procedure, |
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—

having regard to Rule 119(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Budgets (A7-0168/2011), |
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—

having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Budgets (A7-0168/2011),

| A. | whereas the EU should further develop its foreign policy objectives and advance its values and interests worldwide with the overall aim of contributing to peace, security, solidarity, conflict prevention, the promotion of democracy, the protection of human rights, gender equality, respect for international law, support for international institutions, effective multilateralism and mutual respect among nations, sustainable development, free and fair trade and the eradication of poverty, |
| --- | --- |

A.

whereas the EU should further develop its foreign policy objectives and advance its values and interests worldwide with the overall aim of contributing to peace, security, solidarity, conflict prevention, the promotion of democracy, the protection of human rights, gender equality, respect for international law, support for international institutions, effective multilateralism and mutual respect among nations, sustainable development, free and fair trade and the eradication of poverty,

| B. | whereas the implementation of the Lisbon Treaty is bringing a new dimension to European external action and will be instrumental in enhancing the coherence, consistency and effectiveness of EU foreign policy and, more broadly, external actions, |
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B.

whereas the implementation of the Lisbon Treaty is bringing a new dimension to European external action and will be instrumental in enhancing the coherence, consistency and effectiveness of EU foreign policy and, more broadly, external actions,

| C. | whereas the Lisbon Treaty is creating a new momentum in EU foreign policy, notably providing institutional and operational tools which could enable the Union to take on an international role compatible with its prominent economic status and its ambitions and to organise itself in such a way as to be an effective global player, able to share responsibility for global security and take the lead in defining common responses to common challenges, |
| --- | --- |

C.

whereas the Lisbon Treaty is creating a new momentum in EU foreign policy, notably providing institutional and operational tools which could enable the Union to take on an international role compatible with its prominent economic status and its ambitions and to organise itself in such a way as to be an effective global player, able to share responsibility for global security and take the lead in defining common responses to common challenges,

| D. | whereas the new momentum in European external action also requires the EU to act more strategically so as to bring its weight to bear internationally; whereas the EU’s ability to influence the international order depends not only on coherence between its policies, actors and institutions, but also on a real strategic concept of EU foreign policy which must unite all Member States behind the same set of priorities and goals, so that they speak with a strong single voice in the international arena; whereas the EU foreign policy must be provided with the necessary means and instruments in order to enable the Union to act effectively and consistently on the world stage, |
| --- | --- |

D.

whereas the new momentum in European external action also requires the EU to act more strategically so as to bring its weight to bear internationally; whereas the EU’s ability to influence the international order depends not only on coherence between its policies, actors and institutions, but also on a real strategic concept of EU foreign policy which must unite all Member States behind the same set of priorities and goals, so that they speak with a strong single voice in the international arena; whereas the EU foreign policy must be provided with the necessary means and instruments in order to enable the Union to act effectively and consistently on the world stage,

| E. | whereas a substantial transformation of the current international order is taking place with the emergence of new challenges and the creation of new power structures, requiring the EU to engage more actively with present and emerging powers and non-state actors as well as with bilateral and multilateral partners and institutions in order to promote effective solutions to problems which are common to European citizens and the world at large, and that might have an impact on global security, |
| --- | --- |

E.

whereas a substantial transformation of the current international order is taking place with the emergence of new challenges and the creation of new power structures, requiring the EU to engage more actively with present and emerging powers and non-state actors as well as with bilateral and multilateral partners and institutions in order to promote effective solutions to problems which are common to European citizens and the world at large, and that might have an impact on global security,

| F. | whereas the new momentum also needs to lead to the definition of a new paradigm for the EU's strategic partnerships, both new and old, and whereas this should be based on shared universal values such as the drive for democracy, respect for human rights, basic freedoms, the rule of law and international law, as well as on mutual benefits, interests and a common understanding of global security, |
| --- | --- |

F.

whereas the new momentum also needs to lead to the definition of a new paradigm for the EU's strategic partnerships, both new and old, and whereas this should be based on shared universal values such as the drive for democracy, respect for human rights, basic freedoms, the rule of law and international law, as well as on mutual benefits, interests and a common understanding of global security,

| G. | whereas parliamentary scrutiny of EU foreign policy is essential if European external action is to be understood and supported by EU citizens; whereas the scrutiny enhances the legitimacy of this action; whereas the organisation and promotion of effective and regular inter-parliamentary cooperation within the EU must be jointly determined by the European Parliament and national parliaments, in accordance with Articles 9 and 10 of Protocol 1 to the Lisbon Treaty, |
| --- | --- |

G.

whereas parliamentary scrutiny of EU foreign policy is essential if European external action is to be understood and supported by EU citizens; whereas the scrutiny enhances the legitimacy of this action; whereas the organisation and promotion of effective and regular inter-parliamentary cooperation within the EU must be jointly determined by the European Parliament and national parliaments, in accordance with Articles 9 and 10 of Protocol 1 to the Lisbon Treaty,

The Council’s 2009 annual report on the CFSP

| 1. | Welcomes the Council's annual report and commends its transparent and theme-driven structure, which provides a clear overview of policies and actions in the field of the common foreign and security policy; welcomes also the Council's ambition to place further emphasis and a stronger focus on the regional context of conflicts and issues; regrets, however, the fact that no possible approaches to resolving those conflicts and issues are outlined in the report; |
| --- | --- |

1.

Welcomes the Council's annual report and commends its transparent and theme-driven structure, which provides a clear overview of policies and actions in the field of the common foreign and security policy; welcomes also the Council's ambition to place further emphasis and a stronger focus on the regional context of conflicts and issues; regrets, however, the fact that no possible approaches to resolving those conflicts and issues are outlined in the report;

| 2. | Calls on the Council not to limit the scope of the CFSP annual report to a mere description of CFSP activities but make it a policy- and solution-focused tool; takes the view that the report should provide more than a catalogue of country-based events and developments and should also address the question of the effectiveness of the EU foreign policy as well as of the means necessary to pursue the objectives of European external action; calls on the Council to also include in the report an evaluation of the coordination and coherence between the CFSP and other external policies of the Union as well as include strategic and organisational recommendations for the future on the basis of the assessment of CFSP actions; |
| --- | --- |

2.

Calls on the Council not to limit the scope of the CFSP annual report to a mere description of CFSP activities but make it a policy- and solution-focused tool; takes the view that the report should provide more than a catalogue of country-based events and developments and should also address the question of the effectiveness of the EU foreign policy as well as of the means necessary to pursue the objectives of European external action; calls on the Council to also include in the report an evaluation of the coordination and coherence between the CFSP and other external policies of the Union as well as include strategic and organisational recommendations for the future on the basis of the assessment of CFSP actions;

| 3. | Believes that the annual report on the CFSP should be based on the new institutional framework created by the Lisbon Treaty and serve as an instrument for enhanced interinstitutional dialogue, notably by discussing the implementation of an EU foreign policy strategy, evaluating its effectiveness and outlining its future direction; |
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3.

Believes that the annual report on the CFSP should be based on the new institutional framework created by the Lisbon Treaty and serve as an instrument for enhanced interinstitutional dialogue, notably by discussing the implementation of an EU foreign policy strategy, evaluating its effectiveness and outlining its future direction;

Enforcing the Lisbon Treaty

| 4. | Reiterates its position in favour of developing a coherent EU foreign policy strategy, based on the objectives and principles established in Article 21 of the Treaty on European Union (TEU), which should clearly identify the common foreign and security policy interests of the EU; calls on the Vice-President/High Representative (VP/HR) to use to the full her powers to initiate, implement and ensure compliance with the CFSP, involving Parliament’s relevant bodies fully in that endeavour; |
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4.

Reiterates its position in favour of developing a coherent EU foreign policy strategy, based on the objectives and principles established in Article 21 of the Treaty on European Union (TEU), which should clearly identify the common foreign and security policy interests of the EU; calls on the Vice-President/High Representative (VP/HR) to use to the full her powers to initiate, implement and ensure compliance with the CFSP, involving Parliament’s relevant bodies fully in that endeavour;

| 5. | Stresses the need to enhance coherence between the European External Action Service (EEAS), the Commission and the Member States under the leadership of the VP/HR; calls for improved synergies between the EU and the national level and that coordination be enhanced between the various institutional actors, with a view to better integrating all relevant instruments and policies and delivering a single EU message on key political issues; considers cooperation at all levels between the EEAS, the relevant bodies and committees in the European Parliament and the respective services in the Commission to be essential to enable the EU to develop a strategic approach to the EU’s neighbourhood and to candidate, potential candidate and other partner countries, as well as to other policy areas such as human rights and democracy promotion, trade, development, energy security and justice and home affairs; |
| --- | --- |

5.

Stresses the need to enhance coherence between the European External Action Service (EEAS), the Commission and the Member States under the leadership of the VP/HR; calls for improved synergies between the EU and the national level and that coordination be enhanced between the various institutional actors, with a view to better integrating all relevant instruments and policies and delivering a single EU message on key political issues; considers cooperation at all levels between the EEAS, the relevant bodies and committees in the European Parliament and the respective services in the Commission to be essential to enable the EU to develop a strategic approach to the EU’s neighbourhood and to candidate, potential candidate and other partner countries, as well as to other policy areas such as human rights and democracy promotion, trade, development, energy security and justice and home affairs;

| 6. | Expects the EEAS, by promoting closer coordination between the CFSP and other external policies, to help strengthen the EU’s role and influence on the global stage and enable it to project its interests and values more efficiently, in a manner commensurate with its existing international trade and economic status; calls on the VP/HR to set up the necessary coordination structures and mechanisms inside the EEAS; |
| --- | --- |

6.

Expects the EEAS, by promoting closer coordination between the CFSP and other external policies, to help strengthen the EU’s role and influence on the global stage and enable it to project its interests and values more efficiently, in a manner commensurate with its existing international trade and economic status; calls on the VP/HR to set up the necessary coordination structures and mechanisms inside the EEAS;

| 7. | Notes, however, that parallel to setting up the EEAS, the achievement of full coherence and efficiency of the EU common policy will require, first and foremost, the political will of the EU Member States to overcome their differing outlooks on key foreign policy issues; considers it essential, in this regard, that EU Member States not only agree on a common strategy for foreign and security policy, but also ensure that their national policies are supportive of EU positions; |
| --- | --- |

7.

Notes, however, that parallel to setting up the EEAS, the achievement of full coherence and efficiency of the EU common policy will require, first and foremost, the political will of the EU Member States to overcome their differing outlooks on key foreign policy issues; considers it essential, in this regard, that EU Member States not only agree on a common strategy for foreign and security policy, but also ensure that their national policies are supportive of EU positions;

| 8. | Regrets that in several cases statements by individual or groups of EU Member States left the impression of disunity and made the work of the VP/HR particularly difficult; invites, therefore, the Member States to refrain from such individual and uncoordinated actions and statements and to contribute to an effective and visible CFSP; asks on the other hand the VP/HR to make the positions of the EU clearly heard, to react quickly and visibly, and to give the CFSP a clear and specific profile; |
| --- | --- |

8.

Regrets that in several cases statements by individual or groups of EU Member States left the impression of disunity and made the work of the VP/HR particularly difficult; invites, therefore, the Member States to refrain from such individual and uncoordinated actions and statements and to contribute to an effective and visible CFSP; asks on the other hand the VP/HR to make the positions of the EU clearly heard, to react quickly and visibly, and to give the CFSP a clear and specific profile;

| 9. | Stresses that the role of EU Special Representatives (EUSRs) should generally be to represent and coordinate EU policy towards regions with specific strategic or security interests for the EU which require a continuous EU presence and visibility; takes the view that close coordination must be established between the EUSRs and the relevant EEAS departments and that important thematic issues, previously covered by Personal Representatives, should be reconsidered and proposals put forward for this role to be taken over by high-ranking EEAS officials or EUSRs; considers it essential that defining the role and mandates of EUSRs be made subject to prior consultation of Parliament and that proposals be put forward, in accordance with Article 36(1) of the TEU, on the procedures and remit for the briefings and reports to be made available to Parliament by EUSRs; |
| --- | --- |

9.

Stresses that the role of EU Special Representatives (EUSRs) should generally be to represent and coordinate EU policy towards regions with specific strategic or security interests for the EU which require a continuous EU presence and visibility; takes the view that close coordination must be established between the EUSRs and the relevant EEAS departments and that important thematic issues, previously covered by Personal Representatives, should be reconsidered and proposals put forward for this role to be taken over by high-ranking EEAS officials or EUSRs; considers it essential that defining the role and mandates of EUSRs be made subject to prior consultation of Parliament and that proposals be put forward, in accordance with Article 36(1) of the TEU, on the procedures and remit for the briefings and reports to be made available to Parliament by EUSRs;

| 10. | Recalls its Treaty prerogative to be consulted in the CFSP and CSDP spheres, have its views duly taken into account and make recommendations; calls on the VP/HR to consolidate the consultation and reporting duties carried out to date by the Commission and the Council in the area of external action; asks the Council to adopt a constructive approach in the framework of the conciliation committee for the external assistance instruments, including the Instrument for Stability, by recognising the European Parliament's right to democratic scrutiny of strategy papers and multiannual action plans, as established in Article 290 of the TFEU; |
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10.

Recalls its Treaty prerogative to be consulted in the CFSP and CSDP spheres, have its views duly taken into account and make recommendations; calls on the VP/HR to consolidate the consultation and reporting duties carried out to date by the Commission and the Council in the area of external action; asks the Council to adopt a constructive approach in the framework of the conciliation committee for the external assistance instruments, including the Instrument for Stability, by recognising the European Parliament's right to democratic scrutiny of strategy papers and multiannual action plans, as established in Article 290 of the TFEU;

| 11. | Stresses that the revised 2006 Interinstitutional Agreement on budgetary discipline and sound financial management must provide for more transparency in the CFSP budgetary procedure and properly address the information requirements of the budgetary authority in order for that authority to be fully and regularly informed on the background, context and financial implications of political decisions in this policy area; takes the view that the European Parliament should receive adequate information prior to the adoption of mandates and strategies in the CFSP sphere; welcomes the support expressed by the VP/HR for the proposal that all important CSDP missions should be identified in the budget; believes, in this regard, that full transparency and democratic scrutiny require separate budget lines for each and every mission; reiterates its position that, in order to enhance the democratic legitimacy of the CFSP, Parliament's competent bodies should be consulted prior to the launch of CSDP missions and should be able properly to monitor CSDP missions in particular; emphasises that in order to fulfil the criteria of credibility and self-definition in the Lisbon Treaty, adequate budgetary resources need to be allocated to CFSP objectives; |
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11.

Stresses that the revised 2006 Interinstitutional Agreement on budgetary discipline and sound financial management must provide for more transparency in the CFSP budgetary procedure and properly address the information requirements of the budgetary authority in order for that authority to be fully and regularly informed on the background, context and financial implications of political decisions in this policy area; takes the view that the European Parliament should receive adequate information prior to the adoption of mandates and strategies in the CFSP sphere; welcomes the support expressed by the VP/HR for the proposal that all important CSDP missions should be identified in the budget; believes, in this regard, that full transparency and democratic scrutiny require separate budget lines for each and every mission; reiterates its position that, in order to enhance the democratic legitimacy of the CFSP, Parliament's competent bodies should be consulted prior to the launch of CSDP missions and should be able properly to monitor CSDP missions in particular; emphasises that in order to fulfil the criteria of credibility and self-definition in the Lisbon Treaty, adequate budgetary resources need to be allocated to CFSP objectives;

| 12. | Considers that the regular joint consultation meetings on the CFSP should be complemented by additional meetings to be held should the need arise to provide ex ante information; suggests, in this regard, that the meetings should also be geared to learning key strategic and politico-military lessons in order to improve the planning and management of future missions and help develop a forward-looking approach to future needs; recalls, further, its right to be consulted and the need for it to be adequately informed about urgent financing arrangements for certain initiatives launched under the CFSP in line with Article 41(3) of the TEU; |
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12.

Considers that the regular joint consultation meetings on the CFSP should be complemented by additional meetings to be held should the need arise to provide ex ante information; suggests, in this regard, that the meetings should also be geared to learning key strategic and politico-military lessons in order to improve the planning and management of future missions and help develop a forward-looking approach to future needs; recalls, further, its right to be consulted and the need for it to be adequately informed about urgent financing arrangements for certain initiatives launched under the CFSP in line with Article 41(3) of the TEU;

| 13. | Supports, in line with the agreement reached by the quadrilogue in Madrid on the setting-up and functioning of the EEAS, and in line with the Financial Regulation as modified regarding the EEAS, the creation in the 2011 budget of budget items dedicated to the three major missions conducted under CFSP/CSDP; believes that this improved identification of missions will increase both the transparency and accountability of CFSP/CSDP and serve the interests of the EU; stresses that the identification of major CFSP/CSDP missions must not be detrimental to information and transparency concerning missions of smaller extent and lesser political visibility; |
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13.

Supports, in line with the agreement reached by the quadrilogue in Madrid on the setting-up and functioning of the EEAS, and in line with the Financial Regulation as modified regarding the EEAS, the creation in the 2011 budget of budget items dedicated to the three major missions conducted under CFSP/CSDP; believes that this improved identification of missions will increase both the transparency and accountability of CFSP/CSDP and serve the interests of the EU; stresses that the identification of major CFSP/CSDP missions must not be detrimental to information and transparency concerning missions of smaller extent and lesser political visibility;

| 14. | Considers, nevertheless, this new nomenclature as a minimum prerequisite and only a first step towards a fully detailed CFSP budget which would allow a complete overview and follow-up of the missions conducted under this policy; is of the opinion that such a new nomenclature will jeopardise neither the indispensable flexibility of the CFSP budget nor the continuity of action for missions already engaged; |
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14.

Considers, nevertheless, this new nomenclature as a minimum prerequisite and only a first step towards a fully detailed CFSP budget which would allow a complete overview and follow-up of the missions conducted under this policy; is of the opinion that such a new nomenclature will jeopardise neither the indispensable flexibility of the CFSP budget nor the continuity of action for missions already engaged;

| 15. | Recalls the spirit of the TFEU, which aims to make codecision the general procedure and which, by analogy, leads to the lifting of specific clauses or procedures that had applied to some instruments or policies under the previous Treaty and the Interinstitutional Agreement; confirms hereby that the provisions restricting the flexibility of the financing of the CFSP are now groundless; underlines that, in line with the above and in order to enhance the efficiency and accountability of the CFSP, a new culture of dialogue, reciprocal trust and exchange of information should finally pervade interinstitutional relations, both in the defining phase and in the conducting and a posteriori assessment phases; |
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15.

Recalls the spirit of the TFEU, which aims to make codecision the general procedure and which, by analogy, leads to the lifting of specific clauses or procedures that had applied to some instruments or policies under the previous Treaty and the Interinstitutional Agreement; confirms hereby that the provisions restricting the flexibility of the financing of the CFSP are now groundless; underlines that, in line with the above and in order to enhance the efficiency and accountability of the CFSP, a new culture of dialogue, reciprocal trust and exchange of information should finally pervade interinstitutional relations, both in the defining phase and in the conducting and a posteriori assessment phases;

| 16. | Underlines that, in the context of future reflections on the Multiannual Financial Framework 2014-2020, a thorough analysis of the financial requirements of the CFSP in the long term needs to be conducted; |
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16.

Underlines that, in the context of future reflections on the Multiannual Financial Framework 2014-2020, a thorough analysis of the financial requirements of the CFSP in the long term needs to be conducted;

| 17. | Reiterates its position that, in accordance with Article 218(6) of the TFEU, the opinion/consent of the European Parliament is required for all international agreements, including those related mainly to CFSP, with the sole exception of those related exclusively to CFSP: in accordance with Article 218(10) of the TFEU, full information must be provided to Parliament at the initial, negotiating and final stages of the procedure leading to the conclusion of international agreements; expects the VP/HR to provide all relevant information about the negotiations throughout the procedure, including negotiating directives and draft negotiating texts, and recalls that in the declaration on political accountability the VP/HR committed herself to applying the provisions of the Framework Agreement on international agreements with regard to confidential CFSP documents; calls for the establishment of an efficient modus operandi that combines respect for Parliament's prerogatives with the necessary degree of confidentiality; believes that a comprehensive agreement involving all the institutions and covering all EU bodies is required in order to regulate access to confidential documents by Members of Parliament; |
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17.

Reiterates its position that, in accordance with Article 218(6) of the TFEU, the opinion/consent of the European Parliament is required for all international agreements, including those related mainly to CFSP, with the sole exception of those related exclusively to CFSP: in accordance with Article 218(10) of the TFEU, full information must be provided to Parliament at the initial, negotiating and final stages of the procedure leading to the conclusion of international agreements; expects the VP/HR to provide all relevant information about the negotiations throughout the procedure, including negotiating directives and draft negotiating texts, and recalls that in the declaration on political accountability the VP/HR committed herself to applying the provisions of the Framework Agreement on international agreements with regard to confidential CFSP documents; calls for the establishment of an efficient modus operandi that combines respect for Parliament's prerogatives with the necessary degree of confidentiality; believes that a comprehensive agreement involving all the institutions and covering all EU bodies is required in order to regulate access to confidential documents by Members of Parliament;

| 18. | Notes its Treaty obligation to determine, together with national parliaments, the organisation and promotion of effective and regular interparliamentary cooperation, in particular in the field of the common foreign, security and defence policy; finds it regrettable that there is as yet no agreement on how to take this exercise forward; insists that its own representation in any new form of interparliamentary cooperation should be of a size which reflects the range and importance of its role in external affairs and, on this basis, reiterates its willingness to reach an agreement with national parliaments that will result in a real enhancement of the parliamentary dimension of the European Union as global actor; |
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18.

Notes its Treaty obligation to determine, together with national parliaments, the organisation and promotion of effective and regular interparliamentary cooperation, in particular in the field of the common foreign, security and defence policy; finds it regrettable that there is as yet no agreement on how to take this exercise forward; insists that its own representation in any new form of interparliamentary cooperation should be of a size which reflects the range and importance of its role in external affairs and, on this basis, reiterates its willingness to reach an agreement with national parliaments that will result in a real enhancement of the parliamentary dimension of the European Union as global actor;

Main CFSP thematic issues

| 19. | Emphasises that CSDP actions should be embedded in a comprehensive policy targeting countries and regions in crisis where the EU's values and strategic interests are at stake and where CSDP operations would provide a real added value in promoting peace, stability and the rule of law; stresses, further, the need for a lessons learnt process more accurate in assessing the successful implementation of each operation and its lasting impact on the ground; |
| --- | --- |

19.

Emphasises that CSDP actions should be embedded in a comprehensive policy targeting countries and regions in crisis where the EU's values and strategic interests are at stake and where CSDP operations would provide a real added value in promoting peace, stability and the rule of law; stresses, further, the need for a lessons learnt process more accurate in assessing the successful implementation of each operation and its lasting impact on the ground;

| 20. | Calls on the VP/HR, the Council and the Member States to overcome the imbalance between civilian and military planning capabilities in the EEAS and to increase the number of staff in the fields of justice, civilian administration, customs and mediation so as to ensure that adequate and sufficient expertise can be provided for CSDP missions; |
| --- | --- |

20.

Calls on the VP/HR, the Council and the Member States to overcome the imbalance between civilian and military planning capabilities in the EEAS and to increase the number of staff in the fields of justice, civilian administration, customs and mediation so as to ensure that adequate and sufficient expertise can be provided for CSDP missions;

| 21. | Emphasises the need for optimal coordination between EU disaster responses and other EU instruments – such as CSDP civilian and/or military missions – which are already being deployed on the ground or which could be set up in the aftermath of a crisis; takes the view that in many cases a too rigid distinction between military and civilian crisis-management operations reflects rather outdated institutional patterns and that civil-military interaction can better respond to the realities on the ground; emphasises, therefore, the need for a systematic case-by-case evaluation of the needs in order to ensure the most appropriate responses since certain crises may require a combination of military and civilian instruments, based on a comprehensive understanding of the links between security and development; |
| --- | --- |

21.

Emphasises the need for optimal coordination between EU disaster responses and other EU instruments – such as CSDP civilian and/or military missions – which are already being deployed on the ground or which could be set up in the aftermath of a crisis; takes the view that in many cases a too rigid distinction between military and civilian crisis-management operations reflects rather outdated institutional patterns and that civil-military interaction can better respond to the realities on the ground; emphasises, therefore, the need for a systematic case-by-case evaluation of the needs in order to ensure the most appropriate responses since certain crises may require a combination of military and civilian instruments, based on a comprehensive understanding of the links between security and development;

| 22. | Considers it an EU strategic priority to strengthen international crisis-management partnerships and enhance dialogue with other major crisis-management actors – such as the UN, NATO, the African Union (AU), the OSCE and third countries such as the USA, Turkey, Norway and Canada – and to synchronise actions, share information and pool resources in the fields of peacekeeping and peace-building, including cooperation on crisis management and, in particular, maritime security, and the fight against terrorism under international law; |
| --- | --- |

22.

Considers it an EU strategic priority to strengthen international crisis-management partnerships and enhance dialogue with other major crisis-management actors – such as the UN, NATO, the African Union (AU), the OSCE and third countries such as the USA, Turkey, Norway and Canada – and to synchronise actions, share information and pool resources in the fields of peacekeeping and peace-building, including cooperation on crisis management and, in particular, maritime security, and the fight against terrorism under international law;

| 23. | Emphasises that the establishment of the EEAS provides the EU with a unique opportunity to implement its commitments on conflict prevention and peace-building, with particular reference to the Gothenburg Programme, and to further expand the EU’s capacity to prevent conflict as an alternative to crisis management; to this end, stresses the importance of putting the Directorate for Conflict Prevention and Security Policy on an equal footing with other directorates by resourcing it adequately for policy programming and by strengthening the links with the geographical departments and establishing formal relations with the relevant Council Working Groups; takes the view that the existing separation between the crisis management structure and the Directorate for Conflict Prevention and Security Policy should also be reconsidered; |
| --- | --- |

23.

Emphasises that the establishment of the EEAS provides the EU with a unique opportunity to implement its commitments on conflict prevention and peace-building, with particular reference to the Gothenburg Programme, and to further expand the EU’s capacity to prevent conflict as an alternative to crisis management; to this end, stresses the importance of putting the Directorate for Conflict Prevention and Security Policy on an equal footing with other directorates by resourcing it adequately for policy programming and by strengthening the links with the geographical departments and establishing formal relations with the relevant Council Working Groups; takes the view that the existing separation between the crisis management structure and the Directorate for Conflict Prevention and Security Policy should also be reconsidered;

| 24. | Warns of the risk that the EU Member States become overly-dependent on third countries for their energy supplies, which could ultimately undermine the independence of EU foreign policy; stresses, in this regard, that the concept of energy security is fundamentally linked to the security of supply; recalls, therefore, the urgent need to address energy challenges by promoting both renewable and domestic sources of energy, completing an effective internal energy market and implementing a common European external energy policy, based on better coordination of Member States' policies in this field, the diversification of energy suppliers and the facilitation of strategic energy infrastructure projects such as Nabucco or other viable southern corridor alternatives; supports an integrated and inter-operable European energy grid; regrets that the Member States are actively engaged in supporting initiatives which in reality are in competition with efforts aimed at securing and diversifying sources of energy supply; |
| --- | --- |

24.

Warns of the risk that the EU Member States become overly-dependent on third countries for their energy supplies, which could ultimately undermine the independence of EU foreign policy; stresses, in this regard, that the concept of energy security is fundamentally linked to the security of supply; recalls, therefore, the urgent need to address energy challenges by promoting both renewable and domestic sources of energy, completing an effective internal energy market and implementing a common European external energy policy, based on better coordination of Member States' policies in this field, the diversification of energy suppliers and the facilitation of strategic energy infrastructure projects such as Nabucco or other viable southern corridor alternatives; supports an integrated and inter-operable European energy grid; regrets that the Member States are actively engaged in supporting initiatives which in reality are in competition with efforts aimed at securing and diversifying sources of energy supply;

| 25. | Welcomes the decision of the European Council to invite the Commission to submit by June 2011 a communication on security of supply and international cooperation aimed at further improving the consistency and coherence of the EU's external action in the field of energy; calls, in this regard, on the VP/HR to pursue with determination Parliament's recommendations for the development of a coherent and coordinated policy, in particular by promoting EU cohesion in constructive dialogue with energy suppliers, and especially with Russia as well as with transit countries; is of the view that energy security should also be fully reflected in the EU’s enlargement and neighbourhood policy, including through political dialogue and practical cooperation with partners; |
| --- | --- |

25.

Welcomes the decision of the European Council to invite the Commission to submit by June 2011 a communication on security of supply and international cooperation aimed at further improving the consistency and coherence of the EU's external action in the field of energy; calls, in this regard, on the VP/HR to pursue with determination Parliament's recommendations for the development of a coherent and coordinated policy, in particular by promoting EU cohesion in constructive dialogue with energy suppliers, and especially with Russia as well as with transit countries; is of the view that energy security should also be fully reflected in the EU’s enlargement and neighbourhood policy, including through political dialogue and practical cooperation with partners;

| 26. | Draws attention to a new generation of security challenges and risks, e.g. cyber-attacks, social unrest, political insurgencies, global criminal networks and economic activities endangering the rule of law and the principles of democracy, and stresses the importance of formulating strategies appropriate to these developments; |
| --- | --- |

26.

Draws attention to a new generation of security challenges and risks, e.g. cyber-attacks, social unrest, political insurgencies, global criminal networks and economic activities endangering the rule of law and the principles of democracy, and stresses the importance of formulating strategies appropriate to these developments;

| 27. | Underlines the need to coordinate the preparation to counter unconventional threats, such as cyber threats; calls upon the Commission and the Council to conduct a thorough analysis of the threats and the needs in this field, resulting in a multidimensional and comprehensive European cyber security strategy which should include contingency plans in case of cyber attacks; |
| --- | --- |

27.

Underlines the need to coordinate the preparation to counter unconventional threats, such as cyber threats; calls upon the Commission and the Council to conduct a thorough analysis of the threats and the needs in this field, resulting in a multidimensional and comprehensive European cyber security strategy which should include contingency plans in case of cyber attacks;

| 28. | Points out that European foreign policy must take account of the external dimension of the European area of freedom, security and justice; reiterates the importance of orderly migration management; considers it essential to secure the cooperation of both the countries of origin and of transit, and to encourage an attitude of solid cooperation among those countries by applying a policy of positive conditionality; |
| --- | --- |

28.

Points out that European foreign policy must take account of the external dimension of the European area of freedom, security and justice; reiterates the importance of orderly migration management; considers it essential to secure the cooperation of both the countries of origin and of transit, and to encourage an attitude of solid cooperation among those countries by applying a policy of positive conditionality;

| 29. | Reiterates its position that the EU must strengthen its leadership in the area of global climate governance and further develop a dialogue with other key actors, such as the emerging powers (China, Brazil, India), Russia, the United States and developing countries, given that climate change has become a key element of international relations; |
| --- | --- |

29.

Reiterates its position that the EU must strengthen its leadership in the area of global climate governance and further develop a dialogue with other key actors, such as the emerging powers (China, Brazil, India), Russia, the United States and developing countries, given that climate change has become a key element of international relations;

| 30. | Takes the view that, in order to be consistent with the EU’s own values, EU foreign policy and external action must give priority to promoting democracy and the rule of law, good governance and fair societies, given that a rule-based democratic society is the basis for upholding human rights as well as for enhancing stability; thus reiterates its position that human rights need to be firmly mainstreamed into EU foreign policy; believes that the new institutional structure of the EU, with particular reference to the EEAS and its dedicated department, offers an opportunity to enhance the EU's coherence and effectiveness in this area; urges the VP/HR to proactively pursue, through bilateral relations with third countries and active participation in international fora, the engagement of third countries in respecting human rights as well as to speak up against human rights abuses and not to refrain from taking adequate measures if they are violated; considering the growing grave violations of freedom of belief, calls upon the Commission to conduct a thorough evaluation and to mainstream freedom of belief into the EU human rights policy; |
| --- | --- |

30.

Takes the view that, in order to be consistent with the EU’s own values, EU foreign policy and external action must give priority to promoting democracy and the rule of law, good governance and fair societies, given that a rule-based democratic society is the basis for upholding human rights as well as for enhancing stability; thus reiterates its position that human rights need to be firmly mainstreamed into EU foreign policy; believes that the new institutional structure of the EU, with particular reference to the EEAS and its dedicated department, offers an opportunity to enhance the EU's coherence and effectiveness in this area; urges the VP/HR to proactively pursue, through bilateral relations with third countries and active participation in international fora, the engagement of third countries in respecting human rights as well as to speak up against human rights abuses and not to refrain from taking adequate measures if they are violated; considering the growing grave violations of freedom of belief, calls upon the Commission to conduct a thorough evaluation and to mainstream freedom of belief into the EU human rights policy;

| 31. | Considers the question of the freedom of religion and belief worldwide – notably of Christians, persecuted or endangered minorities and religious dissidents – and the inter-faith dialogue a new key issue for the CFSP; stresses that freedom of religion and belief is a core human right, and inter-faith dialogue an instrument to tackle religiously motivated discrimination and violence, thus contributing to political and societal stability; therefore calls on the VP/HR to develop, as a matter of urgency, an EU strategy on the enforcement of the human right to freedom of religion and belief; also invites her to establish a permanent capacity within the human rights directorate of the EEAS to monitor the situation of governmental and societal restrictions on the freedom of religion and belief and related rights; |
| --- | --- |

31.

Considers the question of the freedom of religion and belief worldwide – notably of Christians, persecuted or endangered minorities and religious dissidents – and the inter-faith dialogue a new key issue for the CFSP; stresses that freedom of religion and belief is a core human right, and inter-faith dialogue an instrument to tackle religiously motivated discrimination and violence, thus contributing to political and societal stability; therefore calls on the VP/HR to develop, as a matter of urgency, an EU strategy on the enforcement of the human right to freedom of religion and belief; also invites her to establish a permanent capacity within the human rights directorate of the EEAS to monitor the situation of governmental and societal restrictions on the freedom of religion and belief and related rights;

| 32. | Urges the VP/HR to ensure that CFSP policies and actions fully implement UNSCR 1325 (2000) on women, peace and security, which calls for the participation of women in all aspects and at all levels of conflict resolution; also calls for the CFSP policies to take into account UNSCR 1820 (2008) on sexual violence in conflict and post-conflict situations as well as the subsequent UNSCRs 1888 (2009), 1889 (2009) and 1960 (2010), which build upon the previously mentioned resolutions; calls on the VP/HR, EU Member States and Heads of CSDP Mission to make cooperation and consultation with local women's organisations a standard element of each CSDP mission; notes with regret that only one woman has so far been nominated to a senior post in the EEAS and that there is only one woman amongst the EU Special Representatives; |
| --- | --- |

32.

Urges the VP/HR to ensure that CFSP policies and actions fully implement UNSCR 1325 (2000) on women, peace and security, which calls for the participation of women in all aspects and at all levels of conflict resolution; also calls for the CFSP policies to take into account UNSCR 1820 (2008) on sexual violence in conflict and post-conflict situations as well as the subsequent UNSCRs 1888 (2009), 1889 (2009) and 1960 (2010), which build upon the previously mentioned resolutions; calls on the VP/HR, EU Member States and Heads of CSDP Mission to make cooperation and consultation with local women's organisations a standard element of each CSDP mission; notes with regret that only one woman has so far been nominated to a senior post in the EEAS and that there is only one woman amongst the EU Special Representatives;

Multilateral diplomacy, international organisations

| 33. | Emphasises that effective multilateralism should be the overriding strategic concern of the Union and that, in this context, the EU should take a leading role in international cooperation, support international institutions, facilitate international consensus and advance global action; emphasises the urgent need to address global issues of common concern for EU citizens, such as fighting terrorism, organised crime, pandemics and climate change, cyber security, ensuring the achievement of the Millennium Development Goals (MDGs) and the eradication of poverty, ensuring energy security, the non-proliferation of weapons of mass destruction, peaceful conflict-resolution and disarmament, migration management and the promotion of human rights and civil liberties; draws attention to the need for improved monitoring of EU funds in line with the European Court of Auditors Special Report No 15/2009; |
| --- | --- |

33.

Emphasises that effective multilateralism should be the overriding strategic concern of the Union and that, in this context, the EU should take a leading role in international cooperation, support international institutions, facilitate international consensus and advance global action; emphasises the urgent need to address global issues of common concern for EU citizens, such as fighting terrorism, organised crime, pandemics and climate change, cyber security, ensuring the achievement of the Millennium Development Goals (MDGs) and the eradication of poverty, ensuring energy security, the non-proliferation of weapons of mass destruction, peaceful conflict-resolution and disarmament, migration management and the promotion of human rights and civil liberties; draws attention to the need for improved monitoring of EU funds in line with the European Court of Auditors Special Report No 15/2009;

| 34. | Welcomes the adoption of the UN General Assembly Resolution concerning the EU's participation in the work of the UN on 3 May 2011, which takes into account the institutional changes introduced by the Lisbon Treaty and enables EU representatives to present and promote the EU's positions in the UN in a timely and efficient manner; considers it essential to engage with the EU's strategic partners in order to find solutions to major regional and global problems; recommends, furthermore, that strategic partnerships be given a multilateral dimension by including global issues on the agendas for the EU's bilateral and multilateral summits; invites France and the United Kingdom, as permanent members of the UN Security Council (UNSC), and in accordance with Article 34(2) TEU, to request that the VP/HR be invited to present the Union's position whenever the EU has defined a position on a subject on the UNSC's agenda; takes the view that the European Union should be represented as such in multilateral financial organisations, in particular the International Monetary Fund and the World Bank, without prejudice to Member State representation; |
| --- | --- |

34.

Welcomes the adoption of the UN General Assembly Resolution concerning the EU's participation in the work of the UN on 3 May 2011, which takes into account the institutional changes introduced by the Lisbon Treaty and enables EU representatives to present and promote the EU's positions in the UN in a timely and efficient manner; considers it essential to engage with the EU's strategic partners in order to find solutions to major regional and global problems; recommends, furthermore, that strategic partnerships be given a multilateral dimension by including global issues on the agendas for the EU's bilateral and multilateral summits; invites France and the United Kingdom, as permanent members of the UN Security Council (UNSC), and in accordance with Article 34(2) TEU, to request that the VP/HR be invited to present the Union's position whenever the EU has defined a position on a subject on the UNSC's agenda; takes the view that the European Union should be represented as such in multilateral financial organisations, in particular the International Monetary Fund and the World Bank, without prejudice to Member State representation;

| 35. | Takes the view that the EU should seize the opportunity of the adoption of NATO's new Strategic Concept in order to substantially strengthen its partnership with NATO, while at the same time developing the EU's foreign, security and defence policies; welcomes, as a positive step in this regard, the concrete set of proposals presented by the VP/HR to the NATO Secretary General, aiming at the adoption of an organisation-to-organisation relationship; emphasises that the EU shares most of the threats to security identified by NATO in its new Strategic Concept; points to the need to find pragmatic ways of solving outstanding difficulties; calls, in this respect, on the EU to exercise its influence for a successful conclusion of the ongoing process for a comprehensive settlement of the Cyprus problem to remove all the differences between Cyprus and Turkey which are hampering the development of closer cooperation between the EU and NATO; |
| --- | --- |

35.

Takes the view that the EU should seize the opportunity of the adoption of NATO's new Strategic Concept in order to substantially strengthen its partnership with NATO, while at the same time developing the EU's foreign, security and defence policies; welcomes, as a positive step in this regard, the concrete set of proposals presented by the VP/HR to the NATO Secretary General, aiming at the adoption of an organisation-to-organisation relationship; emphasises that the EU shares most of the threats to security identified by NATO in its new Strategic Concept; points to the need to find pragmatic ways of solving outstanding difficulties; calls, in this respect, on the EU to exercise its influence for a successful conclusion of the ongoing process for a comprehensive settlement of the Cyprus problem to remove all the differences between Cyprus and Turkey which are hampering the development of closer cooperation between the EU and NATO;

| 36. | Considers it important to ensure that existing forces and capabilities which are shared to a large extent by both organisations are used as efficiently as possible and that conditions are optimised for the security of European troops and civilian operators; invites NATO to refrain from developing a civilian crisis management capability which would duplicate EU structures and capabilities; calls for a coherent strategy of nuclear non-proliferation and disarmament in the framework of EU-NATO cooperation and in line with the action plan of the 2010 NPT Review Conference declaration; encourages both NATO and Russia to work towards a more stable relationship based on mutual trust; |
| --- | --- |

36.

Considers it important to ensure that existing forces and capabilities which are shared to a large extent by both organisations are used as efficiently as possible and that conditions are optimised for the security of European troops and civilian operators; invites NATO to refrain from developing a civilian crisis management capability which would duplicate EU structures and capabilities; calls for a coherent strategy of nuclear non-proliferation and disarmament in the framework of EU-NATO cooperation and in line with the action plan of the 2010 NPT Review Conference declaration; encourages both NATO and Russia to work towards a more stable relationship based on mutual trust;

| 37. | Recognises that the OSCE needs to be strengthened and its values reaffirmed; firmly believes that the EU should engage effectively in the task of strengthening the OSCE, including by ensuring that the process does not result in the weakening of any of that organisation’s three dimensions (politico-military, economic and environmental, and human); stresses that the EU should also draw attention to the importance of continuing the Corfu Process and of holding regular high-level meetings in order to give political backing to and enhance the visibility of OSCE activities; |
| --- | --- |

37.

Recognises that the OSCE needs to be strengthened and its values reaffirmed; firmly believes that the EU should engage effectively in the task of strengthening the OSCE, including by ensuring that the process does not result in the weakening of any of that organisation’s three dimensions (politico-military, economic and environmental, and human); stresses that the EU should also draw attention to the importance of continuing the Corfu Process and of holding regular high-level meetings in order to give political backing to and enhance the visibility of OSCE activities;

| 38. | Acknowledges the rising international status and importance of the Arctic and calls for a socially, environmentally and economically sustainable EU policy for the Arctic taking into account local and indigenous peoples' rights; regards the Arctic Council, the Northern Dimension Policy and the Barents Euro-Arctic Council as focal points for cooperation in the Arctic and supports the EU's aspiration to become a permanent observer in the Arctic Council; emphasises the need for an Arctic unit within the EEAS; |
| --- | --- |

38.

Acknowledges the rising international status and importance of the Arctic and calls for a socially, environmentally and economically sustainable EU policy for the Arctic taking into account local and indigenous peoples' rights; regards the Arctic Council, the Northern Dimension Policy and the Barents Euro-Arctic Council as focal points for cooperation in the Arctic and supports the EU's aspiration to become a permanent observer in the Arctic Council; emphasises the need for an Arctic unit within the EEAS;

Transatlantic relations

| 39. | Reiterates its commitment to the transatlantic partnership as an important element and one of the main pillars of the EU's external action; calls on the EU, furthermore, to reconfirm its commitment to the transatlantic partnership with the US and the goal of a barrier-free transatlantic market, which should provide the basis for reinforced transatlantic partnership; urges the VP/HR to work for better coordination and increased cooperation between the EU and its closest ally, the US; calls on her to ensure that the EU acts as a coherent, active, equal and yet autonomous partner of the US in strengthening, inter alia, global security and stability, promoting peace and respect for human rights; urges, furthermore, that a united approach be adopted to global challenges such as nuclear proliferation, terrorism, climate change and energy security and a joint approach ensured to global governance by supporting and reforming international institutions and promoting respect for international law and the peaceful resolution of conflicts; calls on the VP/HR to coordinate closely and develop synergies with the US with a view to ensuring stability and security on the European continent and worldwide, including on the basis of the desirability of cooperation with relevant actors such as Russia, China, India and Turkey and with regard to stability in the greater Middle East, the Mediterranean region, Iran, Afghanistan and Pakistan; |
| --- | --- |

39.

Reiterates its commitment to the transatlantic partnership as an important element and one of the main pillars of the EU's external action; calls on the EU, furthermore, to reconfirm its commitment to the transatlantic partnership with the US and the goal of a barrier-free transatlantic market, which should provide the basis for reinforced transatlantic partnership; urges the VP/HR to work for better coordination and increased cooperation between the EU and its closest ally, the US; calls on her to ensure that the EU acts as a coherent, active, equal and yet autonomous partner of the US in strengthening, inter alia, global security and stability, promoting peace and respect for human rights; urges, furthermore, that a united approach be adopted to global challenges such as nuclear proliferation, terrorism, climate change and energy security and a joint approach ensured to global governance by supporting and reforming international institutions and promoting respect for international law and the peaceful resolution of conflicts; calls on the VP/HR to coordinate closely and develop synergies with the US with a view to ensuring stability and security on the European continent and worldwide, including on the basis of the desirability of cooperation with relevant actors such as Russia, China, India and Turkey and with regard to stability in the greater Middle East, the Mediterranean region, Iran, Afghanistan and Pakistan;

| 40. | Urges the development of a comprehensive EU-US strategy for the improvement of the security situation throughout the greater Middle East, Iran, Afghanistan and Pakistan which involves cooperation with Turkey, Russia and China; |
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40.

Urges the development of a comprehensive EU-US strategy for the improvement of the security situation throughout the greater Middle East, Iran, Afghanistan and Pakistan which involves cooperation with Turkey, Russia and China;

Western Balkans

| 41. | Confirms the EU membership perspective for all the Western Balkan countries and underlines the importance of a continuous commitment to the enlargement process from both the countries of the region and the EU; recalls that the prospect of EU enlargement is an important incentive for the continuation of political and economic reforms in the Western Balkan countries, contributing to the effective stability and development of the region; |
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41.

Confirms the EU membership perspective for all the Western Balkan countries and underlines the importance of a continuous commitment to the enlargement process from both the countries of the region and the EU; recalls that the prospect of EU enlargement is an important incentive for the continuation of political and economic reforms in the Western Balkan countries, contributing to the effective stability and development of the region;

| 42. | Recognises progress achieved by all countries of the region on their path towards the EU; notes, however, that political instability and institutional weaknesses, together with unresolved bilateral issues, are hampering the further progress of some countries towards EU integration; stresses that the Union needs a clear and common vision towards the region; calls on the VP/HR and the Commission to actively engage in solving the persistent problems; |
| --- | --- |

42.

Recognises progress achieved by all countries of the region on their path towards the EU; notes, however, that political instability and institutional weaknesses, together with unresolved bilateral issues, are hampering the further progress of some countries towards EU integration; stresses that the Union needs a clear and common vision towards the region; calls on the VP/HR and the Commission to actively engage in solving the persistent problems;

| 43. | Notes the fact that the situation in Kosovo remains stable and peaceful but fragile; is concerned about the serious problems and breaches of electoral law which occurred in several municipalities during the recent elections and calls on the EU to closely monitor the situation of democracy in Kosovo; urges all those involved to take steps to improve democratic rights and living conditions for all people living in Kosovo and stresses the importance of electoral reform and fair elections as part of Kosovo's ongoing democratic transition; calls on Kosovo politicians to respect the Constitution; urges the new Kosovo government and parliament to improve future electoral processes in order to secure the democratic rights of all Kosovo citizens and to improve Kosovo's prospects of European integration; is aware that not all Member States have recognised the independence of Kosovo; |
| --- | --- |

43.

Notes the fact that the situation in Kosovo remains stable and peaceful but fragile; is concerned about the serious problems and breaches of electoral law which occurred in several municipalities during the recent elections and calls on the EU to closely monitor the situation of democracy in Kosovo; urges all those involved to take steps to improve democratic rights and living conditions for all people living in Kosovo and stresses the importance of electoral reform and fair elections as part of Kosovo's ongoing democratic transition; calls on Kosovo politicians to respect the Constitution; urges the new Kosovo government and parliament to improve future electoral processes in order to secure the democratic rights of all Kosovo citizens and to improve Kosovo's prospects of European integration; is aware that not all Member States have recognised the independence of Kosovo;

| 44. | Welcomes the dialogue between Kosovo and Serbia and stresses that they can contribute to stability not only throughout Kosovo but in the whole region and help to improve the situation for all of Kosovo's people; expresses full support for the EULEX Rule of Law Mission in Kosovo to address the problem of missing persons in relation to the Kosovo conflict and to investigate organised crime and prosecute the criminals involved, in particular in response to the allegations of inhumane treatment and organ trafficking during and straight after the conflict; calls for a thorough EULEX investigation of these allegations and exemplary trials for all those eventually found responsible; reiterates the need for the EULEX to support and assist the local administration in good governance and to ensure that the mission can function effectively and across the entire territory of Kosovo, by stepping up its activities in the north of Kosovo; calls on the Commission to start immediately the visa dialogue with the Prishtina authorities in order to define the road-map for visa liberalisation; |
| --- | --- |

44.

Welcomes the dialogue between Kosovo and Serbia and stresses that they can contribute to stability not only throughout Kosovo but in the whole region and help to improve the situation for all of Kosovo's people; expresses full support for the EULEX Rule of Law Mission in Kosovo to address the problem of missing persons in relation to the Kosovo conflict and to investigate organised crime and prosecute the criminals involved, in particular in response to the allegations of inhumane treatment and organ trafficking during and straight after the conflict; calls for a thorough EULEX investigation of these allegations and exemplary trials for all those eventually found responsible; reiterates the need for the EULEX to support and assist the local administration in good governance and to ensure that the mission can function effectively and across the entire territory of Kosovo, by stepping up its activities in the north of Kosovo; calls on the Commission to start immediately the visa dialogue with the Prishtina authorities in order to define the road-map for visa liberalisation;

| 45. | Calls on the VP/HR and the Commission to enhance dialogue with the political leaders in Bosnia and Herzegovina (BiH) following the elections, in order to help that country and its peoples to remain on the road towards EU integration; takes the view that BiH has made limited progress on reforms relating to the EU integration process and that the prevailing ethnic and entity agendas can hamper the fulfilment of requirements for EU and NATO membership; |
| --- | --- |

45.

Calls on the VP/HR and the Commission to enhance dialogue with the political leaders in Bosnia and Herzegovina (BiH) following the elections, in order to help that country and its peoples to remain on the road towards EU integration; takes the view that BiH has made limited progress on reforms relating to the EU integration process and that the prevailing ethnic and entity agendas can hamper the fulfilment of requirements for EU and NATO membership;

| 46. | Is deeply concerned by the ongoing internal conflict in Albania and calls on government and opposition to refrain from the use of force and start a new dialogue to end the conflict and find a sustainable compromise; welcomes in this respect the initiative taken by the representative of the VP/HR in coordination with the Commissioner for Enlargement and Neighbourhood Policy; |
| --- | --- |

46.

Is deeply concerned by the ongoing internal conflict in Albania and calls on government and opposition to refrain from the use of force and start a new dialogue to end the conflict and find a sustainable compromise; welcomes in this respect the initiative taken by the representative of the VP/HR in coordination with the Commissioner for Enlargement and Neighbourhood Policy;

Eastern Partnership

| 47. | Encourages the VP/HR and the Commission to pursue their commitment to the Eastern Partnership with our eastern European neighbours, with a view to their political association and economic integration, including in the area of energy, on the basis of shared European values and within a framework of conditions and incentives intended to trigger reforms; recalls that unresolved conflicts in the region lock the parties involved into a situation where peace is not sustainable; calls on the parties involved to seek a peaceful solution in the long term; stresses the importance of taking account of international human rights standards in the ongoing Association Agreement negotiations with the Eastern Partnership countries; calls for initiatives and actions which would foster and advance regional cooperation in the South Caucasus; |
| --- | --- |

47.

Encourages the VP/HR and the Commission to pursue their commitment to the Eastern Partnership with our eastern European neighbours, with a view to their political association and economic integration, including in the area of energy, on the basis of shared European values and within a framework of conditions and incentives intended to trigger reforms; recalls that unresolved conflicts in the region lock the parties involved into a situation where peace is not sustainable; calls on the parties involved to seek a peaceful solution in the long term; stresses the importance of taking account of international human rights standards in the ongoing Association Agreement negotiations with the Eastern Partnership countries; calls for initiatives and actions which would foster and advance regional cooperation in the South Caucasus;

| 48. | Hopes that the process of reforming the European Neighbourhood Policy launched by the Commission will lead to a new strategic vision and a differentiated approach within the same policy, concerning the areas of interest, according to the diversity of the Union's interests, challenges and regional threats; |
| --- | --- |

48.

Hopes that the process of reforming the European Neighbourhood Policy launched by the Commission will lead to a new strategic vision and a differentiated approach within the same policy, concerning the areas of interest, according to the diversity of the Union's interests, challenges and regional threats;

| 49. | Reaffirms the necessity of a coherent approach in the regional cooperation processes through the operationalisation of the initiatives and instruments proposed by the EU for its Eastern neighbourhood (European Partnership, Black Sea Synergy/EU Strategy for the Black Sea, etc.); takes the view that it is necessary to ensure the complementarity and differentiation between the proposed initiatives, especially at project level, for a more efficient use of resources and in order to obtain concrete results; |
| --- | --- |

49.

Reaffirms the necessity of a coherent approach in the regional cooperation processes through the operationalisation of the initiatives and instruments proposed by the EU for its Eastern neighbourhood (European Partnership, Black Sea Synergy/EU Strategy for the Black Sea, etc.); takes the view that it is necessary to ensure the complementarity and differentiation between the proposed initiatives, especially at project level, for a more efficient use of resources and in order to obtain concrete results;

| 50. | Condemns the severe repression carried out by the regime of Belarusian President Lukashenko against members of the opposition, journalists and representatives of civil society following the presidential elections of 19 December 2010 and calls for the immediate release of all those who have been detained and for them to be cleared of all charges; welcomes the decision of the Council of 31 January 2011 to impose a visa ban and to freeze financial assets of 157 selected Belarusian officials; takes the position that sanctions against the Belarusian government officials should remain in force until all political prisoners are released from Belarusian prisons; welcomes the outcome of the International Conference of Donors on ‧Solidarity with Belarus‧ of 2 February 2011, as part of which the EU has pledged EUR 17.3 million for actions to support civil society, in particular students and the independent media; takes the view that the Commission should enhance people-to-people contacts between the EU and Belarus; encourages those Member States which have not yet done so to take unilateral steps to facilitate the issuance and to reduce the price of short-term visas, in particular Schengen visas, since they are most relevant to the wider society, students and other young people; stresses the importance of ensuring that Belarus does not become isolated, in particular from the existing regional frameworks; |
| --- | --- |

50.

Condemns the severe repression carried out by the regime of Belarusian President Lukashenko against members of the opposition, journalists and representatives of civil society following the presidential elections of 19 December 2010 and calls for the immediate release of all those who have been detained and for them to be cleared of all charges; welcomes the decision of the Council of 31 January 2011 to impose a visa ban and to freeze financial assets of 157 selected Belarusian officials; takes the position that sanctions against the Belarusian government officials should remain in force until all political prisoners are released from Belarusian prisons; welcomes the outcome of the International Conference of Donors on ‧Solidarity with Belarus‧ of 2 February 2011, as part of which the EU has pledged EUR 17.3 million for actions to support civil society, in particular students and the independent media; takes the view that the Commission should enhance people-to-people contacts between the EU and Belarus; encourages those Member States which have not yet done so to take unilateral steps to facilitate the issuance and to reduce the price of short-term visas, in particular Schengen visas, since they are most relevant to the wider society, students and other young people; stresses the importance of ensuring that Belarus does not become isolated, in particular from the existing regional frameworks;

| 51. | Calls for the prompt establishment of the EU-Neighbourhood-East Parliamentary Assembly (EURONEST), without the participation of the Belarusian Parliament, thereby emphasising its role in strengthening democracy and democratic institutions and its importance in enhancing the parliamentary dimension of the Partnership; |
| --- | --- |

51.

Calls for the prompt establishment of the EU-Neighbourhood-East Parliamentary Assembly (EURONEST), without the participation of the Belarusian Parliament, thereby emphasising its role in strengthening democracy and democratic institutions and its importance in enhancing the parliamentary dimension of the Partnership;

| 52. | Regrets the lack of any substantial progress as regards the resolution of the frozen conflicts in the South Caucasus; stresses that this is a stumbling block that hinders the development of a genuine multilateral and regional dimension of the Eastern Partnership; expects an enhanced engagement of the EEAS in the region and calls for a more proactive role aimed at facilitating the dialogue between the parties, developing confidence-building measures and encouraging people-to-people contacts, thus paving the way for a lasting settlement; |
| --- | --- |

52.

Regrets the lack of any substantial progress as regards the resolution of the frozen conflicts in the South Caucasus; stresses that this is a stumbling block that hinders the development of a genuine multilateral and regional dimension of the Eastern Partnership; expects an enhanced engagement of the EEAS in the region and calls for a more proactive role aimed at facilitating the dialogue between the parties, developing confidence-building measures and encouraging people-to-people contacts, thus paving the way for a lasting settlement;

| 53. | Underlines the importance of a more active EU role in the resolution of the frozen conflicts in Transnistria and South Caucasus; |
| --- | --- |

53.

Underlines the importance of a more active EU role in the resolution of the frozen conflicts in Transnistria and South Caucasus;

| 54. | Salutes and supports the commitment of the authorities of the Republic of Moldova to strengthen their relationship with the European Union regarding the conclusion of the Association Agreement, the development of a dialogue on visa liberalisation and the beginning of negotiations on a free trade agreement; |
| --- | --- |

54.

Salutes and supports the commitment of the authorities of the Republic of Moldova to strengthen their relationship with the European Union regarding the conclusion of the Association Agreement, the development of a dialogue on visa liberalisation and the beginning of negotiations on a free trade agreement;

European Union Strategy for the Black Sea

| 55. | Calls on the Commission to accelerate the implementation of the projects under the Black Sea Synergy and to maintain this issue on the agenda of the EEAS; |
| --- | --- |

55.

Calls on the Commission to accelerate the implementation of the projects under the Black Sea Synergy and to maintain this issue on the agenda of the EEAS;

| 56. | Underlines the significance of the Black Sea region within the Eastern Partnership and considers that a greater involvement of the European Union is necessary in this respect; |
| --- | --- |

56.

Underlines the significance of the Black Sea region within the Eastern Partnership and considers that a greater involvement of the European Union is necessary in this respect;

Central Asia

| 57. | Recognises the big potential for developing strategic cooperation between the EU and Central Asia; taking into account the region's geopolitical location, and calls for enhanced cooperation in addressing the common security challenges as well as on political, economic and energy issues; stresses the urgency to address water management issues at regional level in order to promote an overall sustainable development, improve human security, facilitate good-neighbourly relations and prevent conflicts; |
| --- | --- |

57.

Recognises the big potential for developing strategic cooperation between the EU and Central Asia; taking into account the region's geopolitical location, and calls for enhanced cooperation in addressing the common security challenges as well as on political, economic and energy issues; stresses the urgency to address water management issues at regional level in order to promote an overall sustainable development, improve human security, facilitate good-neighbourly relations and prevent conflicts;

Russia

| 58. | Calls on the VP/HR to ensure that the EU's approach towards Russia, including in the negotiations on a new EU-Russia Agreement, is coherent; urges her, furthermore, to ensure that enhancing the rule of law, including international law, the principles of reciprocity and transparency, as well as a commitment to the values of pluralist democracy and respect for human rights, constitute the core of the new comprehensive agreement; emphasises that a commitment to improve the human rights situation in Russia and to fight corruption, especially in the judiciary, must be an integral part of this new agreement; expects steady progress in the current negotiations; |
| --- | --- |

58.

Calls on the VP/HR to ensure that the EU's approach towards Russia, including in the negotiations on a new EU-Russia Agreement, is coherent; urges her, furthermore, to ensure that enhancing the rule of law, including international law, the principles of reciprocity and transparency, as well as a commitment to the values of pluralist democracy and respect for human rights, constitute the core of the new comprehensive agreement; emphasises that a commitment to improve the human rights situation in Russia and to fight corruption, especially in the judiciary, must be an integral part of this new agreement; expects steady progress in the current negotiations;

| 59. | Emphasises that strengthening the rule of law in all areas of Russian public life, including the economy, would benefit society as a whole; calls for the strengthening of the EU-Russia human rights dialogue in order to promote positive changes in the human rights situation in Russia; calls for actions and implementation of initiatives which would enhance contacts between European and Russian civil societies and which would strengthen Russian civil society; stresses the importance of the Partnership for Modernisation in this context; underlines at the same time the need for a reinvigorated partnership with Russia, based on mutual respect and reciprocity, on the issues of the fight against terrorism, energy security and supply, climate change, disarmament, conflict prevention and nuclear non-proliferation, including with reference to Iran, Afghanistan and the Middle East, in pursuit of the goal of strengthening global security and stability; |
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59.

Emphasises that strengthening the rule of law in all areas of Russian public life, including the economy, would benefit society as a whole; calls for the strengthening of the EU-Russia human rights dialogue in order to promote positive changes in the human rights situation in Russia; calls for actions and implementation of initiatives which would enhance contacts between European and Russian civil societies and which would strengthen Russian civil society; stresses the importance of the Partnership for Modernisation in this context; underlines at the same time the need for a reinvigorated partnership with Russia, based on mutual respect and reciprocity, on the issues of the fight against terrorism, energy security and supply, climate change, disarmament, conflict prevention and nuclear non-proliferation, including with reference to Iran, Afghanistan and the Middle East, in pursuit of the goal of strengthening global security and stability;

| 60. | Calls on the VP/HR to intensify talks with Russia to assure the unconditional fulfilment and implementation of all the provisions of the six-point agreement of 2008 between Russia, the European Union and Georgia as well as to work towards an ultimate solution of this conflict which respects the territorial integrity of Georgia; takes the view that Russia should, in particular, guarantee full unlimited access of the European Union Monitoring Mission (EUMM) to Abkhazia and South Ossetia; underlines the necessity to provide stability in aforementioned Georgian regions; |
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60.

Calls on the VP/HR to intensify talks with Russia to assure the unconditional fulfilment and implementation of all the provisions of the six-point agreement of 2008 between Russia, the European Union and Georgia as well as to work towards an ultimate solution of this conflict which respects the territorial integrity of Georgia; takes the view that Russia should, in particular, guarantee full unlimited access of the European Union Monitoring Mission (EUMM) to Abkhazia and South Ossetia; underlines the necessity to provide stability in aforementioned Georgian regions;

Turkey

| 61. | Stresses the need for a long-term strategic approach to be taken by both the EU and Turkey towards their future relationship; welcomes the statement by the Council of 14 December 2010 calling for intensified cooperation on security and foreign policy issues of mutual interest; takes the view that Ankara’s increasingly active foreign policy poses new challenges and opportunities for the CFSP; urges the VP/HR to engage Turkey in an institutionalised dialogue on key strategic issues – such as energy policy, stability in the Western Balkans and the Caucasus regions, Iran’s nuclear programme or the democratic awakening underway in the Middle East – thereby ensuring closer alignment of objectives as well as injecting new dynamism into bilateral relations; emphasises, however, that such a dialogue should not replace, but complement and reinforce, Turkey’s accession process; |
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61.

Stresses the need for a long-term strategic approach to be taken by both the EU and Turkey towards their future relationship; welcomes the statement by the Council of 14 December 2010 calling for intensified cooperation on security and foreign policy issues of mutual interest; takes the view that Ankara’s increasingly active foreign policy poses new challenges and opportunities for the CFSP; urges the VP/HR to engage Turkey in an institutionalised dialogue on key strategic issues – such as energy policy, stability in the Western Balkans and the Caucasus regions, Iran’s nuclear programme or the democratic awakening underway in the Middle East – thereby ensuring closer alignment of objectives as well as injecting new dynamism into bilateral relations; emphasises, however, that such a dialogue should not replace, but complement and reinforce, Turkey’s accession process;

| 62. | Deplores the virtual stagnation of Turkey's accession process; recalls that all the Member States of the EU and Turkey are jointly responsible for overcoming the obstacles on Turkey's path towards membership of the EU; warns of serious long-term problems if the EU-Turkey relationship is not stabilised and the EU and NATO continue to be prevented from achieving their goal of closer cooperation; hopes in any case that Turkey will continue its modernisation along European lines; |
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62.

Deplores the virtual stagnation of Turkey's accession process; recalls that all the Member States of the EU and Turkey are jointly responsible for overcoming the obstacles on Turkey's path towards membership of the EU; warns of serious long-term problems if the EU-Turkey relationship is not stabilised and the EU and NATO continue to be prevented from achieving their goal of closer cooperation; hopes in any case that Turkey will continue its modernisation along European lines;

The Middle East and Mediterranean

| 63. | Supports the resumption of direct peace talks between Israel and the Palestinian Authority (PA) and stresses the need for meaningful negotiations to be conducted within a limited time frame and in a climate of mutual trust, a climate which can only exist if the policy of continuing to build settlements is immediately stopped by Israel; recalls that the EU is the largest contributor to the PA and Israel's main trading partner, thus having a direct interest in persuading both parties to address as soon as possible the fundamental questions to be settled (namely refugees, borders and the status of Jerusalem) and in having a viable State of Palestine living in peace, side by side with the State of Israel; stresses the need for a two-state solution and recognises the right of both to live one next to the other in security, prosperity and peace; welcomes, therefore, the Council Conclusions on the Middle East Peace Process of 13 December 2010 and the declared will of the EU to assist the parties to achieve this goal; |
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63.

Supports the resumption of direct peace talks between Israel and the Palestinian Authority (PA) and stresses the need for meaningful negotiations to be conducted within a limited time frame and in a climate of mutual trust, a climate which can only exist if the policy of continuing to build settlements is immediately stopped by Israel; recalls that the EU is the largest contributor to the PA and Israel's main trading partner, thus having a direct interest in persuading both parties to address as soon as possible the fundamental questions to be settled (namely refugees, borders and the status of Jerusalem) and in having a viable State of Palestine living in peace, side by side with the State of Israel; stresses the need for a two-state solution and recognises the right of both to live one next to the other in security, prosperity and peace; welcomes, therefore, the Council Conclusions on the Middle East Peace Process of 13 December 2010 and the declared will of the EU to assist the parties to achieve this goal;

| 64. | Calls on the EU, in line with the Council Conclusions of 12 December 2009, to assume a stronger political role commensurate with its financial involvement in the region; is convinced that there is an urgent need for a comprehensive reshaping of EU policy towards the Middle East, in order for it to perform a decisive and coherent political role, accompanied by effective diplomatic tools, in the interests of peace and security in this neighbouring region of vital strategic interest to the EU; calls on the VP/HR to present a new European strategy for the region outlining the EU’s interests and aims and the means it can employ, promoting democracy and the rule of law in the region and channelling resources primarily into the strengthening of civil society; |
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64.

Calls on the EU, in line with the Council Conclusions of 12 December 2009, to assume a stronger political role commensurate with its financial involvement in the region; is convinced that there is an urgent need for a comprehensive reshaping of EU policy towards the Middle East, in order for it to perform a decisive and coherent political role, accompanied by effective diplomatic tools, in the interests of peace and security in this neighbouring region of vital strategic interest to the EU; calls on the VP/HR to present a new European strategy for the region outlining the EU’s interests and aims and the means it can employ, promoting democracy and the rule of law in the region and channelling resources primarily into the strengthening of civil society;

| 65. | Is deeply disturbed at the use of force against Camp Ashraf residents in Iraq, resulting in casualties, and deplores the loss of life; calls on the Iraqi government to refrain from the use of violence and to respect the human rights of the Camp’s residents; calls for an independent international inquiry, including free access to Camp Ashraf, for a comprehensive assessment of the situation on the ground; calls on all the parties to show restraint and find a peaceful and sustainable solution to the situation; |
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65.

Is deeply disturbed at the use of force against Camp Ashraf residents in Iraq, resulting in casualties, and deplores the loss of life; calls on the Iraqi government to refrain from the use of violence and to respect the human rights of the Camp’s residents; calls for an independent international inquiry, including free access to Camp Ashraf, for a comprehensive assessment of the situation on the ground; calls on all the parties to show restraint and find a peaceful and sustainable solution to the situation;

| 66. | Declares its solidarity with the citizens in the countries of the Southern Neighbourhood fighting for democracy, freedom and social justice; calls on the EU to offer unequivocal and prompt support to new aspirations to democracy, freedom and social justice; remains concerned by the absence in the EU's Mediterranean policy of a clear long-term strategic vision for progress and development in the region; calls for clarification and improvement of the rationale, goals and working methods of the Union for the Mediterranean (UfM); considers therefore that it is of the utmost importance and urgency to rethink and overhaul the EU strategy towards the Mediterranean and urges, in this regard, that the Strategic Review of the ENP must fully take into consideration and reflect the new developments in the region and set up a political dialogue with the EU's southern neighbours; asks, in addition, for the UfM to be redesigned in order to contribute actively and efficiently to democratic, sustainable and fair societies in the whole region; stresses the importance of women’s participation in the democratic transition and institutional reforms; emphasises again that the strengthening of democracy, the rule of law, good governance, the fight against corruption and respect for human rights and fundamental freedoms are essential elements of this dialogue; |
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66.

Declares its solidarity with the citizens in the countries of the Southern Neighbourhood fighting for democracy, freedom and social justice; calls on the EU to offer unequivocal and prompt support to new aspirations to democracy, freedom and social justice; remains concerned by the absence in the EU's Mediterranean policy of a clear long-term strategic vision for progress and development in the region; calls for clarification and improvement of the rationale, goals and working methods of the Union for the Mediterranean (UfM); considers therefore that it is of the utmost importance and urgency to rethink and overhaul the EU strategy towards the Mediterranean and urges, in this regard, that the Strategic Review of the ENP must fully take into consideration and reflect the new developments in the region and set up a political dialogue with the EU's southern neighbours; asks, in addition, for the UfM to be redesigned in order to contribute actively and efficiently to democratic, sustainable and fair societies in the whole region; stresses the importance of women’s participation in the democratic transition and institutional reforms; emphasises again that the strengthening of democracy, the rule of law, good governance, the fight against corruption and respect for human rights and fundamental freedoms are essential elements of this dialogue;

| 67. | Recalls its role within the EU’s budget procedure and emphasises the need to ensure the UfM’s democratic legitimacy, that decisions are taken in a transparent manner and that the European Parliament, the Parliamentary Assembly of the UfM and the national parliaments are involved in the decision-making process; |
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67.

Recalls its role within the EU’s budget procedure and emphasises the need to ensure the UfM’s democratic legitimacy, that decisions are taken in a transparent manner and that the European Parliament, the Parliamentary Assembly of the UfM and the national parliaments are involved in the decision-making process;

| 68. | Follows closely the situation in Tunisia, Egypt and other countries in the region; supports the legitimate aspirations of the peoples to democracy, freedom and social justice; calls on the EU to build up a partnership based on mutual interest and focusing on employment, education and training in order to help alleviate the current social and economic crisis in these countries, and to provide appropriate assistance that may be needed to support the ongoing political reforms and social and economic development; underlines the importance of supporting institutional capacity-building, an independent judicial system, the strengthening of civil-society organisations and the formation of pluralist political parties within a secular system; welcomes the referendum on the constitutional reforms in Egypt; encourages the Egyptian authorities to continue with the revision of the Constitution and the electoral law with a view to free and fair elections; |
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68.

Follows closely the situation in Tunisia, Egypt and other countries in the region; supports the legitimate aspirations of the peoples to democracy, freedom and social justice; calls on the EU to build up a partnership based on mutual interest and focusing on employment, education and training in order to help alleviate the current social and economic crisis in these countries, and to provide appropriate assistance that may be needed to support the ongoing political reforms and social and economic development; underlines the importance of supporting institutional capacity-building, an independent judicial system, the strengthening of civil-society organisations and the formation of pluralist political parties within a secular system; welcomes the referendum on the constitutional reforms in Egypt; encourages the Egyptian authorities to continue with the revision of the Constitution and the electoral law with a view to free and fair elections;

| 69. | Regrets the lack of cohesion between EU Member States on how to address the situation in Libya, which narrows the scope for comprehensive CFSP actions by the VP/HR on this issue; welcomes, however, the Council's decision to set up a European Union military operation in support of humanitarian assistance operations in response to the crisis situation in Libya, the so called EUFOR Libya operation; |
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69.

Regrets the lack of cohesion between EU Member States on how to address the situation in Libya, which narrows the scope for comprehensive CFSP actions by the VP/HR on this issue; welcomes, however, the Council's decision to set up a European Union military operation in support of humanitarian assistance operations in response to the crisis situation in Libya, the so called EUFOR Libya operation;

| 70. | Stresses that the violent crackdown against peaceful protesters in Syria, with hundreds killed and arrested, must end immediately; calls on the Syrian President and Government to address the legitimate demands of the Syrian people by engaging in a genuine national dialogue aimed at implementing essential political, economic and social reforms and to put an end to the policy of repression of political opposition, civil society and human rights defenders; welcomes the UN Human Rights Council resolution condemning the Syrian government’s violence against peaceful demonstrators and the sending of a fact-finding mission by the UN High Commissioner for Human Rights to the country; urges the EU and its Member States to take ongoing events in Syria into full consideration in their bilateral relations with the country, including the suspension of further negotiations over the EU-Syria Association Agreement, the review of the cooperation with Syrian authorities under ENPI, and serious and targeted sanctions against the Syrian regime with the aim of achieving a change in the regime’s policies; |
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70.

Stresses that the violent crackdown against peaceful protesters in Syria, with hundreds killed and arrested, must end immediately; calls on the Syrian President and Government to address the legitimate demands of the Syrian people by engaging in a genuine national dialogue aimed at implementing essential political, economic and social reforms and to put an end to the policy of repression of political opposition, civil society and human rights defenders; welcomes the UN Human Rights Council resolution condemning the Syrian government’s violence against peaceful demonstrators and the sending of a fact-finding mission by the UN High Commissioner for Human Rights to the country; urges the EU and its Member States to take ongoing events in Syria into full consideration in their bilateral relations with the country, including the suspension of further negotiations over the EU-Syria Association Agreement, the review of the cooperation with Syrian authorities under ENPI, and serious and targeted sanctions against the Syrian regime with the aim of achieving a change in the regime’s policies;

| 71. | Urges the authorities of Bahrain and Yemen to refrain from the use of force against protesters and to respect their right to freedom of assembly and expression; stresses that those responsible for the loss of life and injuries caused will, as soon as possible, be held accountable and brought to justice either before national courts or before the International Criminal Court in the Hague calls on the European Union and its Member States to support the peaceful democratic aspirations of people in Bahrain and Yemen, to review their policies towards those countries, to respect the EU Code of Conduct on Arms Exports, and to stand ready to assist, in case of a serious commitment by national authorities, in the implementation of concrete political, economic and social reform agendas in those countries; expresses its deepest concern about the evolution of the situation in Bahrain and notably the sentencing to death of four protesters on 28 April 2011; invites the VP/HR to put pressure on the Bahraini authorities to adopt a moratorium on executions as well as to ensure fair trials with adequate legal representation and the right to appeal; |
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71.

Urges the authorities of Bahrain and Yemen to refrain from the use of force against protesters and to respect their right to freedom of assembly and expression; stresses that those responsible for the loss of life and injuries caused will, as soon as possible, be held accountable and brought to justice either before national courts or before the International Criminal Court in the Hague calls on the European Union and its Member States to support the peaceful democratic aspirations of people in Bahrain and Yemen, to review their policies towards those countries, to respect the EU Code of Conduct on Arms Exports, and to stand ready to assist, in case of a serious commitment by national authorities, in the implementation of concrete political, economic and social reform agendas in those countries; expresses its deepest concern about the evolution of the situation in Bahrain and notably the sentencing to death of four protesters on 28 April 2011; invites the VP/HR to put pressure on the Bahraini authorities to adopt a moratorium on executions as well as to ensure fair trials with adequate legal representation and the right to appeal;

| 72. | Reiterates its full support for the Special Tribunal for Lebanon (STL) as an independent court, created by UN Security Council Resolution (UNSCR) 1757 and meeting the highest judicial standards; reaffirms its strong support for the sovereignty, unity and territorial integrity of Lebanon and for the full functioning of all Lebanese institutions; stresses that internal stability and respect for international law are fully compatible; calls on all the Lebanese political forces to continue to engage in an open and constructive dialogue to foster the welfare, prosperity and security of all Lebanese citizens; commends the crucial role of the United Nations Interim Force in Lebanon (UNIFIL) and calls for the implementation of all the provisions of UNSC Resolution 1701; |
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72.

Reiterates its full support for the Special Tribunal for Lebanon (STL) as an independent court, created by UN Security Council Resolution (UNSCR) 1757 and meeting the highest judicial standards; reaffirms its strong support for the sovereignty, unity and territorial integrity of Lebanon and for the full functioning of all Lebanese institutions; stresses that internal stability and respect for international law are fully compatible; calls on all the Lebanese political forces to continue to engage in an open and constructive dialogue to foster the welfare, prosperity and security of all Lebanese citizens; commends the crucial role of the United Nations Interim Force in Lebanon (UNIFIL) and calls for the implementation of all the provisions of UNSC Resolution 1701;

Asia

| 73. | Stresses that the starting point for any long-term solution to the Afghan crisis must be the Afghan citizens’ interests as regards their internal security, civil protection, and economic and social progress, and should include concrete measures for the eradication of poverty and discrimination against women, for enhancing respect for human rights and the rule of law, as well as reconciliation mechanisms, an end to opium production, a robust state-building exercise, the integration of Afghanistan into the international community and the banishing of al-Qa'ida from the country; stresses that Afghanistan must be provided with a police force capable of ensuring a minimum standard of security able to permit a subsequent withdrawal of the foreign military presence from the country; reiterates its position that a meaningful engagement of the EU and the international community at large in Afghanistan should focus on supporting the Afghans in building their own state, with stronger democratic institutions capable of representing the people, ensuring the rule of law, peace, territorial integrity, sustainable social and economic development, improving living conditions for all its citizens and notably women and children, while respecting the historical, religious, spiritual and cultural traditions of all of the country's ethnic and religious communities; further recalls the importance of supporting civil society, building democratic institutions, such as training the security forces and the judiciary, and supporting independent media, NGOs and parliamentary scrutiny; |
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73.

Stresses that the starting point for any long-term solution to the Afghan crisis must be the Afghan citizens’ interests as regards their internal security, civil protection, and economic and social progress, and should include concrete measures for the eradication of poverty and discrimination against women, for enhancing respect for human rights and the rule of law, as well as reconciliation mechanisms, an end to opium production, a robust state-building exercise, the integration of Afghanistan into the international community and the banishing of al-Qa'ida from the country; stresses that Afghanistan must be provided with a police force capable of ensuring a minimum standard of security able to permit a subsequent withdrawal of the foreign military presence from the country; reiterates its position that a meaningful engagement of the EU and the international community at large in Afghanistan should focus on supporting the Afghans in building their own state, with stronger democratic institutions capable of representing the people, ensuring the rule of law, peace, territorial integrity, sustainable social and economic development, improving living conditions for all its citizens and notably women and children, while respecting the historical, religious, spiritual and cultural traditions of all of the country's ethnic and religious communities; further recalls the importance of supporting civil society, building democratic institutions, such as training the security forces and the judiciary, and supporting independent media, NGOs and parliamentary scrutiny;

| 74. | Reiterates its view that Pakistan has a key role in the region and that a stable, secular and lawful Pakistan is of vital importance to stability in Afghanistan and the wider region; stresses, furthermore, Pakistan's potential role in the Afghan peace process; stresses that Pakistan must not serve as a safe haven for al-Qa’ida and the Taliban; recognises that the devastating floods of August 2010 have been a setback for Pakistan's new government, which had been starting to make progress in dealing with numerous challenges; urges the Council and the Commission, together with the wider international community, to respond with a strong show of solidarity and concrete support to Pakistan's urgent need for post-flood reconstruction and rehabilitation and the country's aspirations to build a strong and prosperous society; welcomes and further encourages EU efforts to bolster political support for stepping up institution- and capacity-building in Pakistan and helping Pakistan's democratic institutions to combat extremism, in particular by seeking the abolition of the blasphemy laws and supporting Pakistan's civil society; calls on Pakistan to immediately adhere to the Non-Proliferation Treaty and to fully cooperate with the International Atomic Energy Agency in disclosing Pakistan's nuclear arsenal and facilities; |
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74.

Reiterates its view that Pakistan has a key role in the region and that a stable, secular and lawful Pakistan is of vital importance to stability in Afghanistan and the wider region; stresses, furthermore, Pakistan's potential role in the Afghan peace process; stresses that Pakistan must not serve as a safe haven for al-Qa’ida and the Taliban; recognises that the devastating floods of August 2010 have been a setback for Pakistan's new government, which had been starting to make progress in dealing with numerous challenges; urges the Council and the Commission, together with the wider international community, to respond with a strong show of solidarity and concrete support to Pakistan's urgent need for post-flood reconstruction and rehabilitation and the country's aspirations to build a strong and prosperous society; welcomes and further encourages EU efforts to bolster political support for stepping up institution- and capacity-building in Pakistan and helping Pakistan's democratic institutions to combat extremism, in particular by seeking the abolition of the blasphemy laws and supporting Pakistan's civil society; calls on Pakistan to immediately adhere to the Non-Proliferation Treaty and to fully cooperate with the International Atomic Energy Agency in disclosing Pakistan's nuclear arsenal and facilities;

| 75. | Fully endorses the commitment of the E3+3 to seeking an early negotiated solution to the Iranian nuclear issue with a view to restoring international confidence in the exclusively peaceful nature of Iran's nuclear programme in accordance with a central tenet of the NPT; supports the Council's twin-track approach aimed at finding a diplomatic solution, as that is the only viable option for a response to the Iranian nuclear issue; regrets that UNSC Resolution 1929(2010) introducing a fourth round of sanctions against Iran over its nuclear programme and the additional restrictive measures announced by the EU, the US, Japan, Canada and Australia became unavoidable as a result of Iran's lack of full cooperation with the International Atomic Energy Agency (IAEA) regarding the goals of its nuclear programme; stresses that a solution for the nuclear question cannot be found at the expense of EU support to Iranian civil society and its just claims for universal human rights and genuinely democratic elections; |
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75.

Fully endorses the commitment of the E3+3 to seeking an early negotiated solution to the Iranian nuclear issue with a view to restoring international confidence in the exclusively peaceful nature of Iran's nuclear programme in accordance with a central tenet of the NPT; supports the Council's twin-track approach aimed at finding a diplomatic solution, as that is the only viable option for a response to the Iranian nuclear issue; regrets that UNSC Resolution 1929(2010) introducing a fourth round of sanctions against Iran over its nuclear programme and the additional restrictive measures announced by the EU, the US, Japan, Canada and Australia became unavoidable as a result of Iran's lack of full cooperation with the International Atomic Energy Agency (IAEA) regarding the goals of its nuclear programme; stresses that a solution for the nuclear question cannot be found at the expense of EU support to Iranian civil society and its just claims for universal human rights and genuinely democratic elections;

| 76. | Strongly condemns the continuing provocative, inflammatory and anti-Semitic rhetoric of the Iranian President, who has called for Israel to be ‘wiped out’, and particularly deplores the threats made against the very existence of the State of Israel; is very concerned by the exponentially rising numbers of executions in Iran, which come down to extrajudicial state murder in view of the lack of any due process, as well as by the continued systematic repression of citizens aspiring to more freedom and democracy; stresses that official mutual contacts between the delegations of the European Parliament and the Majlis should also be used to address human rights issues, should be conditional on free access to visit political prisoners and human rights activists and the representatives should be given the opportunity to exchange freely a full range of political opinions; calls on the VP/HR to make arrangements for re-establishing an EU Delegation in Iran in order to be able to monitor, from an EU perspective, the situation on the ground; urges the Iranian regime to abstain from interference to Iraqi internal affairs; |
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76.

Strongly condemns the continuing provocative, inflammatory and anti-Semitic rhetoric of the Iranian President, who has called for Israel to be ‘wiped out’, and particularly deplores the threats made against the very existence of the State of Israel; is very concerned by the exponentially rising numbers of executions in Iran, which come down to extrajudicial state murder in view of the lack of any due process, as well as by the continued systematic repression of citizens aspiring to more freedom and democracy; stresses that official mutual contacts between the delegations of the European Parliament and the Majlis should also be used to address human rights issues, should be conditional on free access to visit political prisoners and human rights activists and the representatives should be given the opportunity to exchange freely a full range of political opinions; calls on the VP/HR to make arrangements for re-establishing an EU Delegation in Iran in order to be able to monitor, from an EU perspective, the situation on the ground; urges the Iranian regime to abstain from interference to Iraqi internal affairs;

| 77. | Expresses its satisfaction at the intensification of sectoral dialogues with China and calls for concerted joint work on the controversial issues highlighted at the recent EU-China Summit; welcomes the progress towards better economic and judicial governance; is deeply worried about the continuing severe and systematic violations of human rights in the country, including of minority rights and particularly those of Tibetans, Uighurs and Mongols, and calls upon the VP/HR to step up the human rights dialogue and to ensure that human rights are constantly on the agenda; |
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77.

Expresses its satisfaction at the intensification of sectoral dialogues with China and calls for concerted joint work on the controversial issues highlighted at the recent EU-China Summit; welcomes the progress towards better economic and judicial governance; is deeply worried about the continuing severe and systematic violations of human rights in the country, including of minority rights and particularly those of Tibetans, Uighurs and Mongols, and calls upon the VP/HR to step up the human rights dialogue and to ensure that human rights are constantly on the agenda;

| 78. | Points out that relations with Japan will be profoundly affected by the terrible earthquake, tsunami and subsequent nuclear catastrophe which has struck the country and expects the EU to show solidarity and provide support in order to help the Japanese authorities to come to terms with the disaster; considers that, particularly after the recent dramatic events, EU relations with Japan, a country which shares the EU's democratic values and concern for human rights, remain extremely important both in economic terms and as regards working together in multinational fora; stresses that the current focus on China must not overshadow the necessary efforts to step up cooperation with Japan and remove the remaining barriers to economic interpenetration; |
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78.

Points out that relations with Japan will be profoundly affected by the terrible earthquake, tsunami and subsequent nuclear catastrophe which has struck the country and expects the EU to show solidarity and provide support in order to help the Japanese authorities to come to terms with the disaster; considers that, particularly after the recent dramatic events, EU relations with Japan, a country which shares the EU's democratic values and concern for human rights, remain extremely important both in economic terms and as regards working together in multinational fora; stresses that the current focus on China must not overshadow the necessary efforts to step up cooperation with Japan and remove the remaining barriers to economic interpenetration;

| 79. | Welcomes the steps taken by the parties on both sides of the Taiwan Strait which resulted in the signing of some 15 agreements, including the Economic Cooperation Framework Agreement (ECFA) and an agreement on intellectual property rights, in June 2010; given that the expansion of cross-strait economic relations is in the interest of both sides and of the EU, strongly supports the enhancement of EU-Taiwan economic ties and the signing of an EU-Taiwan economic cooperation agreement; reiterates its support for Taiwan's meaningful participation as an observer in relevant international organisations and activities, such as the United Nations Framework Convention on Climate Change (UNFCCC), the World Health Organisation (WHO) and the International Civil Aviation Organisation (ICAO); commends the EU's decision to grant a visa exemption to Taiwan citizens, which will contribute towards strengthening trade and investment relations between the EU and Taiwan as well as people-to-people contacts; |
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79.

Welcomes the steps taken by the parties on both sides of the Taiwan Strait which resulted in the signing of some 15 agreements, including the Economic Cooperation Framework Agreement (ECFA) and an agreement on intellectual property rights, in June 2010; given that the expansion of cross-strait economic relations is in the interest of both sides and of the EU, strongly supports the enhancement of EU-Taiwan economic ties and the signing of an EU-Taiwan economic cooperation agreement; reiterates its support for Taiwan's meaningful participation as an observer in relevant international organisations and activities, such as the United Nations Framework Convention on Climate Change (UNFCCC), the World Health Organisation (WHO) and the International Civil Aviation Organisation (ICAO); commends the EU's decision to grant a visa exemption to Taiwan citizens, which will contribute towards strengthening trade and investment relations between the EU and Taiwan as well as people-to-people contacts;

| 80. | Recognises the enormous importance of India as an emerging regional economic power and as a great democratic partner for Europe; commends India's cooperation with the EU, notably in Afghanistan and with the Atalanta operation; calls for closer cooperation on issues relating to nuclear disarmament, climate change, global economic governance and the promotion of democracy, the rule of law and human rights; expresses its concern at the challenges to civil liberties and human rights in Jammu and Kashmir and at the persistence of cultural discrimination on the basis of caste; expects the strategic partnership with India to develop in accordance with the Joint Action Plan, so as to yield concrete results; looks forward to the early conclusion and signature of a free-trade agreement but, at the same time, underlines the importance that the current negotiations on such an agreement should in no way jeopardise efforts to reduce poverty in India; |
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80.

Recognises the enormous importance of India as an emerging regional economic power and as a great democratic partner for Europe; commends India's cooperation with the EU, notably in Afghanistan and with the Atalanta operation; calls for closer cooperation on issues relating to nuclear disarmament, climate change, global economic governance and the promotion of democracy, the rule of law and human rights; expresses its concern at the challenges to civil liberties and human rights in Jammu and Kashmir and at the persistence of cultural discrimination on the basis of caste; expects the strategic partnership with India to develop in accordance with the Joint Action Plan, so as to yield concrete results; looks forward to the early conclusion and signature of a free-trade agreement but, at the same time, underlines the importance that the current negotiations on such an agreement should in no way jeopardise efforts to reduce poverty in India;

Africa

| 81. | Expresses strong support and encouragement for the partnerships with the African Union (AU) and other African regional organisations in addressing stability and security concerns on the African continent and in ensuring progress in other key areas, such as democratic governance and human rights, climate change and the achievement of the MDGs; believes that the process of progressive AU ownership and empowerment with regard to security and stability issues on the African continent, in particular as far as peacekeeping missions are concerned, requires the consolidation of the institution-building and decision-making processes within the AU, and that the EU should assist the AU in this regard; |
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81.

Expresses strong support and encouragement for the partnerships with the African Union (AU) and other African regional organisations in addressing stability and security concerns on the African continent and in ensuring progress in other key areas, such as democratic governance and human rights, climate change and the achievement of the MDGs; believes that the process of progressive AU ownership and empowerment with regard to security and stability issues on the African continent, in particular as far as peacekeeping missions are concerned, requires the consolidation of the institution-building and decision-making processes within the AU, and that the EU should assist the AU in this regard;

| 82. | Expresses its support for the decision to devise a comprehensive EU approach to the Horn of Africa region, by helping rebuild state institutions in Somalia and by linking human security with development, the rule of law, respect for human rights and women's rights, thereby encompassing all EU instruments with a view to providing long-term solutions; |
| --- | --- |

82.

Expresses its support for the decision to devise a comprehensive EU approach to the Horn of Africa region, by helping rebuild state institutions in Somalia and by linking human security with development, the rule of law, respect for human rights and women's rights, thereby encompassing all EU instruments with a view to providing long-term solutions;

| 83. | Welcomes the EU's readiness to support the peaceful implementation of the Comprehensive Peace Agreement in Sudan and to work towards long-term regional stability; stresses, at the same time, the need to renew efforts to address insecurity and reach a lasting peace settlement for Darfur; takes the view that the upcoming independence of South Sudan has implications for the stability of culturally divided states and poses challenges for which the VP/HR should be prepared; congratulates the Sudanese people on the smooth running of the referendum in South Sudan, as confirmed by the EU's election observation mission; calls on the EU to continue to support the efforts made by the parties to make progress on the matters pending under the Comprehensive Peace Agreement, paying particular attention to the situation of refugees and returnees, and to consider the measures necessary to guarantee the sustainability of the North-South relationship after the referendum; |
| --- | --- |

83.

Welcomes the EU's readiness to support the peaceful implementation of the Comprehensive Peace Agreement in Sudan and to work towards long-term regional stability; stresses, at the same time, the need to renew efforts to address insecurity and reach a lasting peace settlement for Darfur; takes the view that the upcoming independence of South Sudan has implications for the stability of culturally divided states and poses challenges for which the VP/HR should be prepared; congratulates the Sudanese people on the smooth running of the referendum in South Sudan, as confirmed by the EU's election observation mission; calls on the EU to continue to support the efforts made by the parties to make progress on the matters pending under the Comprehensive Peace Agreement, paying particular attention to the situation of refugees and returnees, and to consider the measures necessary to guarantee the sustainability of the North-South relationship after the referendum;

| 84. | Recalls that Alassane Ouattara is the only legitimate winner of the presidential elections held in Côte d'Ivoire on 28 November 2010 and that the election results cannot be challenged; takes note of the arrest of incumbent leader Laurent Gbagbo and hopes that this will contribute to the end of violence; urges all political and armed forces in the country to respect the will of the Ivorian electorate and to ensure the peaceful transfer of power without delay, and calls, in this respect, for law and order to be restored; invites the EU to fully support President Quattara in efforts aimed at reconciliation, recovery and development as well as in promoting prosperity and stability for the Ivorian people; |
| --- | --- |

84.

Recalls that Alassane Ouattara is the only legitimate winner of the presidential elections held in Côte d'Ivoire on 28 November 2010 and that the election results cannot be challenged; takes note of the arrest of incumbent leader Laurent Gbagbo and hopes that this will contribute to the end of violence; urges all political and armed forces in the country to respect the will of the Ivorian electorate and to ensure the peaceful transfer of power without delay, and calls, in this respect, for law and order to be restored; invites the EU to fully support President Quattara in efforts aimed at reconciliation, recovery and development as well as in promoting prosperity and stability for the Ivorian people;

| 85. | Believes that the EU should adopt a comprehensive approach to security and stability concerns in the Sahel region; insists that terrorism and transnational organised crime (drug, arms, cigarette and human smuggling) pose serious threats not only to the countries of the region but also directly to the European Union; deems it necessary for the EU to help the countries of the region develop policies and instruments to tackle these growing security threats by employing all relevant EU instruments to resolve persisting conflicts such as the Western Sahara conflict and to promote democratic reforms in all the countries of the region, eradicate poverty, guarantee sustainable development, address climate change concerns in the region, manage South-South and South-North migratory flows and ensure democracy and the rule of law, human rights, institution-building (notably for the security sector) and the fight against organised crime; believes that a process of consensus-building amongst the countries of the region, in cooperation with, and with the progressive ownership of, the AU, should also be put in place; |
| --- | --- |

85.

Believes that the EU should adopt a comprehensive approach to security and stability concerns in the Sahel region; insists that terrorism and transnational organised crime (drug, arms, cigarette and human smuggling) pose serious threats not only to the countries of the region but also directly to the European Union; deems it necessary for the EU to help the countries of the region develop policies and instruments to tackle these growing security threats by employing all relevant EU instruments to resolve persisting conflicts such as the Western Sahara conflict and to promote democratic reforms in all the countries of the region, eradicate poverty, guarantee sustainable development, address climate change concerns in the region, manage South-South and South-North migratory flows and ensure democracy and the rule of law, human rights, institution-building (notably for the security sector) and the fight against organised crime; believes that a process of consensus-building amongst the countries of the region, in cooperation with, and with the progressive ownership of, the AU, should also be put in place;

| 86. | Welcomes the Council's decision regarding Zimbabwe to renew the restrictive measures against certain politicians, officials and companies that maintain the Mugabe regime in power; regrets that sufficient democratic change has not yet taken place and calls upon SADC countries, in particular, to help ensure that Zimbabwe progresses rapidly to free and fair internationally observed elections and that there is a rapid movement towards a smooth transition of power; |
| --- | --- |

86.

Welcomes the Council's decision regarding Zimbabwe to renew the restrictive measures against certain politicians, officials and companies that maintain the Mugabe regime in power; regrets that sufficient democratic change has not yet taken place and calls upon SADC countries, in particular, to help ensure that Zimbabwe progresses rapidly to free and fair internationally observed elections and that there is a rapid movement towards a smooth transition of power;

| 87. | Expresses concern at the closure of the CSDP Mission in Guinea-Bissau in September 2010 and urges the Council and the VP/HR to consider new ways to fight organised crime in Guinea-Bissau, preventing that country from becoming another narco-state; |
| --- | --- |

87.

Expresses concern at the closure of the CSDP Mission in Guinea-Bissau in September 2010 and urges the Council and the VP/HR to consider new ways to fight organised crime in Guinea-Bissau, preventing that country from becoming another narco-state;

Latin America

| 88. | Welcomes the conclusion of the negotiations on the Association Agreement with Central America and on the Multi-Party Trade Agreement with Peru and Colombia; stresses, nonetheless, that the EU should continue to give priority to regional integration processes in Latin America; notes with satisfaction that the negotiations on the Association Agreement with Mercosur have resumed, and calls for their swift conclusion; |
| --- | --- |

88.

Welcomes the conclusion of the negotiations on the Association Agreement with Central America and on the Multi-Party Trade Agreement with Peru and Colombia; stresses, nonetheless, that the EU should continue to give priority to regional integration processes in Latin America; notes with satisfaction that the negotiations on the Association Agreement with Mercosur have resumed, and calls for their swift conclusion;

| 89. | Acknowledges the positive results of the EU-LAC Summit in Madrid and underlines the need to monitor implementation of the Madrid Action Plan; recalls the need for a Euro-Latin American Charter for Peace and Security to be adopted, and for this charter to include, on the basis of the UN Charter and related international law, strategies and guidelines for joint political and security action to deal with common threats and challenges; |
| --- | --- |

89.

Acknowledges the positive results of the EU-LAC Summit in Madrid and underlines the need to monitor implementation of the Madrid Action Plan; recalls the need for a Euro-Latin American Charter for Peace and Security to be adopted, and for this charter to include, on the basis of the UN Charter and related international law, strategies and guidelines for joint political and security action to deal with common threats and challenges;

*

* *

| 90. | Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the EU Member States, the Secretary-General of the United Nations, the Secretary-General of NATO, the President of the NATO Parliamentary Assembly, the Chairman-in-Office of the OSCE, the President of the OSCE Parliamentary Assembly, the Chairman of the Committee of Ministers of the Council of Europe and the President of the Parliamentary Assembly of the Council of Europe. |
| --- | --- |

90.

Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the EU Member States, the Secretary-General of the United Nations, the Secretary-General of NATO, the President of the NATO Parliamentary Assembly, the Chairman-in-Office of the OSCE, the President of the OSCE Parliamentary Assembly, the Chairman of the Committee of Ministers of the Council of Europe and the President of the Parliamentary Assembly of the Council of Europe.

---

(1)  OJ C 139, 14.6.2006, p. 1.

(2)  OJ C 76 E, 25.3.2010, p. 54.

(3)  OJ C 349 E, 22.12.2010, p. 51.

(4)  Texts adopted, P7_TA(2010)0280.

(5)  Texts adopted, P7_TA(2010)0399.

(6)  Texts adopted, P7_TA(2010)0280, second annex.

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/51 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/51

---

Wednesday 11 May 2011Development of the common security and defence policy following the entry into force of the Lisbon Treaty

P7_TA(2011)0228

European Parliament resolution of 11 May 2011 on the development of the common security and defence policyfollowing the entry into force of the Lisbon Treaty (2010/2299(INI))

2012/C 377 E/07

The European Parliament,

| — | having regard to Title V of the Treaty on European Union and to the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Title V of the Treaty on European Union and to the Treaty on the Functioning of the European Union,

| — | having regard to the Charter of the United Nations, |
| --- | --- |

—

having regard to the Charter of the United Nations,

| — | having regard to the European Security Strategy entitled ‘A secure Europe in a better world’, adopted by the European Council on 12 December 2003, and to the report on its implementation entitled ‘Providing security in a changing world’, endorsed by the European Council on 11-12 December 2008, |
| --- | --- |

—

having regard to the European Security Strategy entitled ‘A secure Europe in a better world’, adopted by the European Council on 12 December 2003, and to the report on its implementation entitled ‘Providing security in a changing world’, endorsed by the European Council on 11-12 December 2008,

| — | having regard to the Foreign Affairs (Defence) Council conclusions on the CSDP adopted on 9 December 2010 and on 31 January 2011, |
| --- | --- |

—

having regard to the Foreign Affairs (Defence) Council conclusions on the CSDP adopted on 9 December 2010 and on 31 January 2011,

| — | having regard to the outcome of the UK-France Summit on security and defence cooperation of 2 November 2010, |
| --- | --- |

—

having regard to the outcome of the UK-France Summit on security and defence cooperation of 2 November 2010,

| — | having regard to the Internal Security Strategy for the European Union, endorsed by the European Council on 25-26 March 2010, |
| --- | --- |

—

having regard to the Internal Security Strategy for the European Union, endorsed by the European Council on 25-26 March 2010,

| — | having regard to the Council Decision of 26 July 2010 establishing the organisation and functioning of the European External Action Service (1), |
| --- | --- |

—

having regard to the Council Decision of 26 July 2010 establishing the organisation and functioning of the European External Action Service (1),

| — | having regard to its resolution of 23 November 2010 on civilian-military cooperation and the development of civilian-military capabilities (2), |
| --- | --- |

—

having regard to its resolution of 23 November 2010 on civilian-military cooperation and the development of civilian-military capabilities (2),

| — | having regard to its resolution of 10 March 2010 on the implementation of the European Security Strategy and the Common Security and Defence Policy (3), |
| --- | --- |

—

having regard to its resolution of 10 March 2010 on the implementation of the European Security Strategy and the Common Security and Defence Policy (3),

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs (A7-0166/2011), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A7-0166/2011),

Security and foreign policy

| 1. | Recalls that the international system is undergoing rapid and profound change, driven by the shift of power towards emerging international actors and deepening interdependence, encompassing economic and financial problems, environmental deterioration and climate change, energy and resource scarcity, and interconnected security challenges; |
| --- | --- |

1.

Recalls that the international system is undergoing rapid and profound change, driven by the shift of power towards emerging international actors and deepening interdependence, encompassing economic and financial problems, environmental deterioration and climate change, energy and resource scarcity, and interconnected security challenges;

| 2. | Recognises that, in a turbulent global context and at a time of economic and financial crisis, the EU is being called upon to enhance its strategic autonomy to uphold its values, pursue its interests and protect its citizens by developing a shared vision of the main challenges and threats and by aligning its capabilities and resources to adequately respond to them, thereby contributing to the preservation of international peace and global security, including by pursuing effective multilateralism; |
| --- | --- |

2.

Recognises that, in a turbulent global context and at a time of economic and financial crisis, the EU is being called upon to enhance its strategic autonomy to uphold its values, pursue its interests and protect its citizens by developing a shared vision of the main challenges and threats and by aligning its capabilities and resources to adequately respond to them, thereby contributing to the preservation of international peace and global security, including by pursuing effective multilateralism;

| 3. | Is of the view that enhancing strategic autonomy in security affairs entails, for the EU, the capacity to agree upon common political objectives and strategic guidelines, to establish strategic partnerships with relevant international organisations, including NATO, and States to collect adequate information and generate joint analyses and assessments, to harness and, where necessary, pool financial, civilian and military resources, to plan and run effective crisis management operations across the extended range of the Petersberg-type missions, and to frame and implement a common defence policy, laying the first tangible foundations on which to build common defence; |
| --- | --- |

3.

Is of the view that enhancing strategic autonomy in security affairs entails, for the EU, the capacity to agree upon common political objectives and strategic guidelines, to establish strategic partnerships with relevant international organisations, including NATO, and States to collect adequate information and generate joint analyses and assessments, to harness and, where necessary, pool financial, civilian and military resources, to plan and run effective crisis management operations across the extended range of the Petersberg-type missions, and to frame and implement a common defence policy, laying the first tangible foundations on which to build common defence;

| 4. | Emphasises that the new provisions on Common Security and Defence Policy (CSDP) introduced by the Lisbon Treaty provide a firm political statement of the Union’s intention to act as a force for stability in the world and provide a clear legal framework for reinforcing its capacities to pursue its foreign and security policy through a comprehensive approach drawing upon all the instruments available to the EU and its Member States, to prevent and manage crises and conflicts, and to build lasting peace; |
| --- | --- |

4.

Emphasises that the new provisions on Common Security and Defence Policy (CSDP) introduced by the Lisbon Treaty provide a firm political statement of the Union’s intention to act as a force for stability in the world and provide a clear legal framework for reinforcing its capacities to pursue its foreign and security policy through a comprehensive approach drawing upon all the instruments available to the EU and its Member States, to prevent and manage crises and conflicts, and to build lasting peace;

| 5. | In particular, recalls that:






  (a) | the CFSP and the CSDP, which is an integral part thereof, have been placed within the legally binding institutional framework of EU principles (democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and principles of international law, including the Responsibility to Protect), and their objectives have been merged with the general objectives of the EU’s external action; |
| --- | --- | --- |

5.

In particular, recalls that:

(a)

the CFSP and the CSDP, which is an integral part thereof, have been placed within the legally binding institutional framework of EU principles (democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and principles of international law, including the Responsibility to Protect), and their objectives have been merged with the general objectives of the EU’s external action;

| (b) | when conducting foreign and security policy the EU must ensure consistency and coherence between the different areas of its external action and between external and internal policies; notes that the VP/HR has a special responsibility in this matter; |
| --- | --- |

(b)

when conducting foreign and security policy the EU must ensure consistency and coherence between the different areas of its external action and between external and internal policies; notes that the VP/HR has a special responsibility in this matter;

| (c) | the VP/HR, in close cooperation with the Member States, conducts the CFSP, proposes CSDP decisions, missions and the use of national resources and Union instruments together with the Commission, and, where appropriate, coordinates their civilian and military aspects, and chairs the Foreign Affairs Council, serving also as the Commission Vice-President in charge both of the Commission's external relations responsibilities and of coordinating, and providing consistency in, EU external action as a whole; |
| --- | --- |

(c)

the VP/HR, in close cooperation with the Member States, conducts the CFSP, proposes CSDP decisions, missions and the use of national resources and Union instruments together with the Commission, and, where appropriate, coordinates their civilian and military aspects, and chairs the Foreign Affairs Council, serving also as the Commission Vice-President in charge both of the Commission's external relations responsibilities and of coordinating, and providing consistency in, EU external action as a whole;

| (d) | the HR has powers to make proposals to the Council in common foreign and security policy, either on her own initiative or at the request of the European Council, and under the overall direction of the European Council – in which case the Council may act by QMV; |
| --- | --- |

(d)

the HR has powers to make proposals to the Council in common foreign and security policy, either on her own initiative or at the request of the European Council, and under the overall direction of the European Council – in which case the Council may act by QMV;

| 6. | Underlines that the duty of consistency as defined by the Treaty, the new wording of Article 40 TEU (which states that the implementation of both the CFSP and the other EU policies shall not affect the application of the respective procedures) and recent ECJ case law (see the SALW case) protect both the primacy of the Community method and the distinguishing features and prerogatives of the CFSP, while encouraging the convergence of different policies, instruments, resources and legal bases in a holistic, comprehensive approach, whereby contributing to peace and security in the world becomes a cross-cutting objective of EU external and internal action and the CSDP is one of its instruments; notes that military assets can be also deployed in the event of natural and man-made disasters, as shown in practice by the EU Military Staff coordination of military capabilities in support of civilian-led humanitarian relief operations during the Pakistan floods in 2010, in accordance with the applicable UN guidelines on the use of military and civil defence assets in international disaster relief (Oslo guidelines) and following the request by the Commission; |
| --- | --- |

6.

Underlines that the duty of consistency as defined by the Treaty, the new wording of Article 40 TEU (which states that the implementation of both the CFSP and the other EU policies shall not affect the application of the respective procedures) and recent ECJ case law (see the SALW case) protect both the primacy of the Community method and the distinguishing features and prerogatives of the CFSP, while encouraging the convergence of different policies, instruments, resources and legal bases in a holistic, comprehensive approach, whereby contributing to peace and security in the world becomes a cross-cutting objective of EU external and internal action and the CSDP is one of its instruments; notes that military assets can be also deployed in the event of natural and man-made disasters, as shown in practice by the EU Military Staff coordination of military capabilities in support of civilian-led humanitarian relief operations during the Pakistan floods in 2010, in accordance with the applicable UN guidelines on the use of military and civil defence assets in international disaster relief (Oslo guidelines) and following the request by the Commission;

| 7. | Expresses concern, therefore, that, more than one year after the entry into force of the Lisbon Treaty, there are not yet clear signs of a post-Lisbon EU comprehensive approach enabling traditional procedural and institutional barriers to be overcome, while preserving the respective legal prerogatives when European citizens' security is at stake; |
| --- | --- |

7.

Expresses concern, therefore, that, more than one year after the entry into force of the Lisbon Treaty, there are not yet clear signs of a post-Lisbon EU comprehensive approach enabling traditional procedural and institutional barriers to be overcome, while preserving the respective legal prerogatives when European citizens' security is at stake;

| 8. | Is convinced that a credible external security policy requires deepened interdependence between the Member States and improved internal cohesion and mutual trust and solidarity, similar to what has been achieved in the internal security sphere through Schengen cooperation (whereby Schengen countries, by protecting their own borders, protect the borders of the other Member States, national rules acquire continental scope, and tasks related to the protection of national security can also be performed on the territory of another state or in joint teams operating in accordance with European standards); |
| --- | --- |

8.

Is convinced that a credible external security policy requires deepened interdependence between the Member States and improved internal cohesion and mutual trust and solidarity, similar to what has been achieved in the internal security sphere through Schengen cooperation (whereby Schengen countries, by protecting their own borders, protect the borders of the other Member States, national rules acquire continental scope, and tasks related to the protection of national security can also be performed on the territory of another state or in joint teams operating in accordance with European standards);

| 9. | Regrets the unwillingness of the EU Member States to define a common position on the Libya crisis, on UN Security Council Resolution 1973 and on the ways to implement it; expresses deep concern about the risk of considering ad hoc coalitions of the willing or bilateral cooperation as viable substitutes for CSDP, as no European State has the capacity to be a significant security and defence actor in the 21st century world; recalls that the Lisbon Treaty provides for the possibility to entrust the implementation of a crisis management operation to a group of Member States, but only within the framework of a Council decision defining the objectives, scope and conditions of their implementation, and with the association of the HR/VP; insists that a common response to the developments in Libya is essential to formulate a credible new approach for our southern neighbourhood policy; reiterates that the mandate given in UN Security Council Resolution 1973(2011) to protect Libyan civilians should not be exceeded through the disproportionate use of force; calls on the VP/HR to take concrete measures to secure an early ceasefire in order to stop the bloodshed and suffering of the Libyan people; urges the VP/HR to play a strong and direct role in fostering political initiatives in this direction; considers it crucial to work closely with the Interim Transitional National Council, the African Union and the Arab League in order to channel the current military conflict towards political and diplomatic solutions, including the objective of securing the resignation of the Gaddafi regime; underlines that the elaboration of a strategy for the Sahel region and the Horn of Africa is yet another concrete opportunity to demonstrate the ability of the EU to act both on security and development challenges; |
| --- | --- |

9.

Regrets the unwillingness of the EU Member States to define a common position on the Libya crisis, on UN Security Council Resolution 1973 and on the ways to implement it; expresses deep concern about the risk of considering ad hoc coalitions of the willing or bilateral cooperation as viable substitutes for CSDP, as no European State has the capacity to be a significant security and defence actor in the 21st century world; recalls that the Lisbon Treaty provides for the possibility to entrust the implementation of a crisis management operation to a group of Member States, but only within the framework of a Council decision defining the objectives, scope and conditions of their implementation, and with the association of the HR/VP; insists that a common response to the developments in Libya is essential to formulate a credible new approach for our southern neighbourhood policy; reiterates that the mandate given in UN Security Council Resolution 1973(2011) to protect Libyan civilians should not be exceeded through the disproportionate use of force; calls on the VP/HR to take concrete measures to secure an early ceasefire in order to stop the bloodshed and suffering of the Libyan people; urges the VP/HR to play a strong and direct role in fostering political initiatives in this direction; considers it crucial to work closely with the Interim Transitional National Council, the African Union and the Arab League in order to channel the current military conflict towards political and diplomatic solutions, including the objective of securing the resignation of the Gaddafi regime; underlines that the elaboration of a strategy for the Sahel region and the Horn of Africa is yet another concrete opportunity to demonstrate the ability of the EU to act both on security and development challenges;

| 10. | Urges the European Council to carry out its task of identifying the strategic interests and political objectives of the EU by drawing up a European foreign policy strategy geared to international developments which should be based on real convergence of the different dimensions of EU external action and subject to regular review; calls on the HR/VP and the Council to build on the concept of human security to make it central to the European Foreign Policy Strategy and translate it into tangible policy guidelines; |
| --- | --- |

10.

Urges the European Council to carry out its task of identifying the strategic interests and political objectives of the EU by drawing up a European foreign policy strategy geared to international developments which should be based on real convergence of the different dimensions of EU external action and subject to regular review; calls on the HR/VP and the Council to build on the concept of human security to make it central to the European Foreign Policy Strategy and translate it into tangible policy guidelines;

| 11. | Calls on the European Council and its President to set about this task by engaging in political dialogue with the European Parliament and to discuss Parliament's recommendations; maintains that such a dialogue is required in the light of the new Treaty provisions and of the need to lay down and implement the foreign policy strategy, proceeding from an effective comprehensive approach; suggests that such a dialogue needs to take place on a regular basis, and to focus on progress achieved as much as on prospects; |
| --- | --- |

11.

Calls on the European Council and its President to set about this task by engaging in political dialogue with the European Parliament and to discuss Parliament's recommendations; maintains that such a dialogue is required in the light of the new Treaty provisions and of the need to lay down and implement the foreign policy strategy, proceeding from an effective comprehensive approach; suggests that such a dialogue needs to take place on a regular basis, and to focus on progress achieved as much as on prospects;

| 12. | Points out that the role conferred on the European Parliament as the body directly representing EU citizens makes Parliament a vital source of democratic legitimacy for the CFSP/CSDP and lends weight to its right to expect that its opinions and recommendations will be taken properly into consideration; |
| --- | --- |

12.

Points out that the role conferred on the European Parliament as the body directly representing EU citizens makes Parliament a vital source of democratic legitimacy for the CFSP/CSDP and lends weight to its right to expect that its opinions and recommendations will be taken properly into consideration;

| 13. | Points out in addition that, by virtue of the Treaty, the VP/HR is subject to a vote of consent by the European Parliament, and that Parliament participates in the decision-making on the EU external action budget, including CFSP and CSDP civilian missions and the administrative costs arising from EU military coordination, and that its consent is essential in order to translate EU strategies into laws and to conclude international agreements, including agreements relating mainly to the CFSP, the one exception being agreements relating solely to the CFSP; |
| --- | --- |

13.

Points out in addition that, by virtue of the Treaty, the VP/HR is subject to a vote of consent by the European Parliament, and that Parliament participates in the decision-making on the EU external action budget, including CFSP and CSDP civilian missions and the administrative costs arising from EU military coordination, and that its consent is essential in order to translate EU strategies into laws and to conclude international agreements, including agreements relating mainly to the CFSP, the one exception being agreements relating solely to the CFSP;

| 14. | Wishes to enhance cooperation with EU national parliaments in exercising democratic scrutiny over the CFSP and the CSDP, with the goal of mutually reinforcing their respective influence on the political choices made by the other European institutions and by the Member States, while fully respecting existing national parliaments’ defence policy prerogatives; regrets the lack of agreement at the EU Speakers’ Conference on 4/5 April 2011 on the features of an interparliamentary conference on CFSP/CSDP and looks forward to reaching an agreement with national parliaments on new forms of interparliamentary cooperation in this field; recalls that Article 9 of Protocol 1 to the Lisbon Treaty on the role of national parliaments clearly states that the organisation and promotion of any form of effective and regular interparliamentary cooperation within the Union shall be determined together by the European Parliament and national parliaments; |
| --- | --- |

14.

Wishes to enhance cooperation with EU national parliaments in exercising democratic scrutiny over the CFSP and the CSDP, with the goal of mutually reinforcing their respective influence on the political choices made by the other European institutions and by the Member States, while fully respecting existing national parliaments’ defence policy prerogatives; regrets the lack of agreement at the EU Speakers’ Conference on 4/5 April 2011 on the features of an interparliamentary conference on CFSP/CSDP and looks forward to reaching an agreement with national parliaments on new forms of interparliamentary cooperation in this field; recalls that Article 9 of Protocol 1 to the Lisbon Treaty on the role of national parliaments clearly states that the organisation and promotion of any form of effective and regular interparliamentary cooperation within the Union shall be determined together by the European Parliament and national parliaments;

| 15. | Emphasises the role which the Treaties have assigned to the Commission in carrying out the policies and measures linked to the other dimensions of EU external action, in proposing legislative initiatives, in implementing the budget and managing Community programmes, and in organising external representation of the EU except in the case of the CFSP; calls on the Council, the Commission and Parliament to strengthen their cooperation in order to ensure, without prejudice to their respective prerogatives, consistency between the different areas of EU external action for more effective use of CSDP instruments; |
| --- | --- |

15.

Emphasises the role which the Treaties have assigned to the Commission in carrying out the policies and measures linked to the other dimensions of EU external action, in proposing legislative initiatives, in implementing the budget and managing Community programmes, and in organising external representation of the EU except in the case of the CFSP; calls on the Council, the Commission and Parliament to strengthen their cooperation in order to ensure, without prejudice to their respective prerogatives, consistency between the different areas of EU external action for more effective use of CSDP instruments;

| 16. | Points out that the powers and responsibilities of the VP/HR do not merely constitute ‘double hatting’, but represent a merging of functions and sources of legitimacy, making her role central to the process of bringing the various instruments, actors and procedures of EU external action into a coherent relationship; calls on the VP/HR to interpret her role as a proactive one and to pursue a constructive dialogue with Parliament in the framework of the twofold effort to actively foster a political consensus among the Member States on the strategic directions and policy options for the CFSP and the CSDP, and to bring coherence to, effectively coordinate and fully exploit the potential for the CFSP-CSDP to act synergistically with the other sectors of EU external action and with EU internal policies with an impact and implications at the external level; |
| --- | --- |

16.

Points out that the powers and responsibilities of the VP/HR do not merely constitute ‘double hatting’, but represent a merging of functions and sources of legitimacy, making her role central to the process of bringing the various instruments, actors and procedures of EU external action into a coherent relationship; calls on the VP/HR to interpret her role as a proactive one and to pursue a constructive dialogue with Parliament in the framework of the twofold effort to actively foster a political consensus among the Member States on the strategic directions and policy options for the CFSP and the CSDP, and to bring coherence to, effectively coordinate and fully exploit the potential for the CFSP-CSDP to act synergistically with the other sectors of EU external action and with EU internal policies with an impact and implications at the external level;

| 17. | Considers that the EEAS has a key role to play in bringing about an effective comprehensive approach based on full integration of the CSDP, the CFSP and the other dimensions of EU external action, notably development cooperation, trade and energy security policies; welcomes the outcome of the negotiations, which has served to establish the EEAS as a structure to assist the EU institutions and the various dimensions of EU external action and conferred a wide range of powers and responsibilities on it while providing a solid link to the Commission without in any way encroaching on the Commission's prerogatives, and hopes that the responsibility assigned to the EEAS for strategic planning of the main financial instruments related to EU external action will translate into genuinely coherent use thereof to further EU principles and objectives; |
| --- | --- |

17.

Considers that the EEAS has a key role to play in bringing about an effective comprehensive approach based on full integration of the CSDP, the CFSP and the other dimensions of EU external action, notably development cooperation, trade and energy security policies; welcomes the outcome of the negotiations, which has served to establish the EEAS as a structure to assist the EU institutions and the various dimensions of EU external action and conferred a wide range of powers and responsibilities on it while providing a solid link to the Commission without in any way encroaching on the Commission's prerogatives, and hopes that the responsibility assigned to the EEAS for strategic planning of the main financial instruments related to EU external action will translate into genuinely coherent use thereof to further EU principles and objectives;

| 18. | Reiterates its view that the civilian and military crisis management structures and capabilities should be coordinated more closely and should act more synergistically within the comprehensive approach, without altering the distinctions between civilian and military roles and the different decision-making procedures and chains of command; |
| --- | --- |

18.

Reiterates its view that the civilian and military crisis management structures and capabilities should be coordinated more closely and should act more synergistically within the comprehensive approach, without altering the distinctions between civilian and military roles and the different decision-making procedures and chains of command;

| 19. | Regrets the fact that the provisional organisation chart of the EEAS does not include all existing units dealing with crisis response planning and programming, conflict prevention and peacebuilding with the CSDP structures in line with the Madrid agreement; calls in this context first for the organisation of regular meetings of a crisis management board to be composed of the CMPD, the CCPC, the EUMS, the EU SITCEN, the peace-building, conflict prevention, mediation and security policy units, the Chair of the PSC, the geographical desks and other policy departments concerned, placed under the authority of the VP/HR and the executive Secretary-General and with the participation of the Commission humanitarian aid, civil protection and internal security structures according to the circumstances; such meetings would be coordinated by the Managing Director for Crisis Response; calls on the VP/HR and the Commission to equip the board with an efficient alert and emergency system and a large unified operations room, located within the EEAS, so as to enable surveillance to be carried out 24 hours a day, 7 days a week, hence avoiding the present operational overlapping, which hardly squares with the need for a proper surveillance and rapid reaction system to deal with crises; considers that regular coordination and exchange should be ensured between this system and the European emergency response centre currently being developed by the Commission to guarantee appropriate synergies while respecting each other’s competencies; secondly, calls for a permanent working structure involving the above-mentioned actors going beyond acute crisis management in order to develop common approaches, in areas such as the rule of law and security sector reform; thirdly, calls for a midterm review of the current arrangements with a view to establishing truly integrated strategic planning and conceptual development in the field of crisis management and peace building for the EEAS; |
| --- | --- |

19.

Regrets the fact that the provisional organisation chart of the EEAS does not include all existing units dealing with crisis response planning and programming, conflict prevention and peacebuilding with the CSDP structures in line with the Madrid agreement; calls in this context first for the organisation of regular meetings of a crisis management board to be composed of the CMPD, the CCPC, the EUMS, the EU SITCEN, the peace-building, conflict prevention, mediation and security policy units, the Chair of the PSC, the geographical desks and other policy departments concerned, placed under the authority of the VP/HR and the executive Secretary-General and with the participation of the Commission humanitarian aid, civil protection and internal security structures according to the circumstances; such meetings would be coordinated by the Managing Director for Crisis Response; calls on the VP/HR and the Commission to equip the board with an efficient alert and emergency system and a large unified operations room, located within the EEAS, so as to enable surveillance to be carried out 24 hours a day, 7 days a week, hence avoiding the present operational overlapping, which hardly squares with the need for a proper surveillance and rapid reaction system to deal with crises; considers that regular coordination and exchange should be ensured between this system and the European emergency response centre currently being developed by the Commission to guarantee appropriate synergies while respecting each other’s competencies; secondly, calls for a permanent working structure involving the above-mentioned actors going beyond acute crisis management in order to develop common approaches, in areas such as the rule of law and security sector reform; thirdly, calls for a midterm review of the current arrangements with a view to establishing truly integrated strategic planning and conceptual development in the field of crisis management and peace building for the EEAS;

| 20. | Believes that the Crisis Management Board should provide the EEAS with unified contingency planning in relation to potential theatres and crisis scenarios and, secondly, also through a crisis platform for practical crisis response management, working both in Brussels and on the ground to coordinate the use of the various financial instruments and deployment of capabilities available to the EU, without undermining the specific decision-making procedures and legal bases applying to the deployment of civilian and military capabilities under the CFSP/CSDP or to the use of Community instruments; |
| --- | --- |

20.

Believes that the Crisis Management Board should provide the EEAS with unified contingency planning in relation to potential theatres and crisis scenarios and, secondly, also through a crisis platform for practical crisis response management, working both in Brussels and on the ground to coordinate the use of the various financial instruments and deployment of capabilities available to the EU, without undermining the specific decision-making procedures and legal bases applying to the deployment of civilian and military capabilities under the CFSP/CSDP or to the use of Community instruments;

| 21. | Points to the need to strengthen the civilian and military crisis response structures, departments and units within the EEAS and the Commission, spreading them out and organising them in a more rational way, and in particular:






  (a) | calls for expansion of the CPCC unit responsible for operational planning of civilian missions; |
| --- | --- | --- |

21.

Points to the need to strengthen the civilian and military crisis response structures, departments and units within the EEAS and the Commission, spreading them out and organising them in a more rational way, and in particular:

(a)

calls for expansion of the CPCC unit responsible for operational planning of civilian missions;

| (b) | renews its call for the Foreign Policy Instruments Service (FPIS) in charge of planning and programming the Instrument for Stability Article 3 crisis response measures to be integrated into the EEAS crisis management and peacebuilding structures and, specifically, for the former Relex/A2 posts assigned to Unit 2 of the new foreign policy instruments (12 AD and 5 AST) to be transferred to the EEAS; points out that this transfer is a condition which has to be satisfied in order to release the reserve under the corresponding heading in the Commission budget; |
| --- | --- |

(b)

renews its call for the Foreign Policy Instruments Service (FPIS) in charge of planning and programming the Instrument for Stability Article 3 crisis response measures to be integrated into the EEAS crisis management and peacebuilding structures and, specifically, for the former Relex/A2 posts assigned to Unit 2 of the new foreign policy instruments (12 AD and 5 AST) to be transferred to the EEAS; points out that this transfer is a condition which has to be satisfied in order to release the reserve under the corresponding heading in the Commission budget;

| (c) | supports the establishment of a Shared Services Centre for the management of CSDP missions, that is to say, an interinstitutional office comprising the Commission’s Unit 3 (CFSP Operations of the Foreign Policy Instruments – formerly Relex/A3) and the CPCC Mission Support Unit; notes that the new Service, by addressing the personnel, logistics, procurement and financial responsibilities of the civilian CSDP missions and by relieving the Heads of Mission from part of their administrative duties, would guarantee greater efficiency both by pooling administrative functions, starting with the selection and recruitment of personnel, and by centralising procurement and equipment management; |
| --- | --- |

(c)

supports the establishment of a Shared Services Centre for the management of CSDP missions, that is to say, an interinstitutional office comprising the Commission’s Unit 3 (CFSP Operations of the Foreign Policy Instruments – formerly Relex/A3) and the CPCC Mission Support Unit; notes that the new Service, by addressing the personnel, logistics, procurement and financial responsibilities of the civilian CSDP missions and by relieving the Heads of Mission from part of their administrative duties, would guarantee greater efficiency both by pooling administrative functions, starting with the selection and recruitment of personnel, and by centralising procurement and equipment management;

| 22. | Regrets the scant results achieved by the Civilian Headline Goal 2010 process regarding civilian capabilities, and in particular the discrepancy between the personnel assigned by Member States on paper and the numbers actually available for missions and the modest progress as regards the training of human resources (no common standards, limited number of training programmes uploaded to the Schoolmaster training opportunities programme within the Goalkeeper software environment); calls on the VP/HR, the Council and the Member States to take coordinated steps to reactivate the development of civilian capabilities, especially where recruitment, gender balance, training and deployment are concerned; in particular, stresses the importance of continuing to build on the heritage of the two Civilian Headline Goals that the EU has pursued so far in order to face these outstanding challenges; calls for the establishment of a Community mechanism for enhancing civilian capabilities, especially training and increasing the civil part of the European Security and Defence College; |
| --- | --- |

22.

Regrets the scant results achieved by the Civilian Headline Goal 2010 process regarding civilian capabilities, and in particular the discrepancy between the personnel assigned by Member States on paper and the numbers actually available for missions and the modest progress as regards the training of human resources (no common standards, limited number of training programmes uploaded to the Schoolmaster training opportunities programme within the Goalkeeper software environment); calls on the VP/HR, the Council and the Member States to take coordinated steps to reactivate the development of civilian capabilities, especially where recruitment, gender balance, training and deployment are concerned; in particular, stresses the importance of continuing to build on the heritage of the two Civilian Headline Goals that the EU has pursued so far in order to face these outstanding challenges; calls for the establishment of a Community mechanism for enhancing civilian capabilities, especially training and increasing the civil part of the European Security and Defence College;

Security and defence

| 23. | Reaffirms that credible, reliable and available military capabilities are a sine qua non for an autonomous CSDP and a comprehensive approach and that Member States need to provide them; further stresses that those military capabilities can be applied for diverse purposes, not least for civilian ones, in keeping with the principles underlying EU action on the international stage and the self-determined nature of the EU legal order; |
| --- | --- |

23.

Reaffirms that credible, reliable and available military capabilities are a sine qua non for an autonomous CSDP and a comprehensive approach and that Member States need to provide them; further stresses that those military capabilities can be applied for diverse purposes, not least for civilian ones, in keeping with the principles underlying EU action on the international stage and the self-determined nature of the EU legal order;

| 24. | Regrets the sharp contrast between the EUR 200 billion per year spent by the Member States on defence, the lack of means at the EU's disposal and the painfully protracted force generation conferences for EU military operations at a time when there are redundant capabilities and personnel; deplores the fact that over more than twelve years the method of the force generation process has not yielded any de facto improvements regarding the quantity and quality of military capabilities available for CSDP missions; stresses the need to evaluate the improvements of military capabilities on a regular basis; points out that there is an increasing mismatch between growing demand from abroad and the resources that Member States make available to the Union; |
| --- | --- |

24.

Regrets the sharp contrast between the EUR 200 billion per year spent by the Member States on defence, the lack of means at the EU's disposal and the painfully protracted force generation conferences for EU military operations at a time when there are redundant capabilities and personnel; deplores the fact that over more than twelve years the method of the force generation process has not yielded any de facto improvements regarding the quantity and quality of military capabilities available for CSDP missions; stresses the need to evaluate the improvements of military capabilities on a regular basis; points out that there is an increasing mismatch between growing demand from abroad and the resources that Member States make available to the Union;

| 25. | Notes with anxiety that the current economic austerity could lead to cuts that were not concerted at European level and to continuing overlapping that might call the CSDP as such into question, whereas the end effect should be to push the Member States towards smarter defence spending whereby they would pool and share a larger proportion of their defence capabilities, budget and requirements while achieving more security for their citizens; calls on Member States to develop greater transparency regarding their respective defence budgets; |
| --- | --- |

25.

Notes with anxiety that the current economic austerity could lead to cuts that were not concerted at European level and to continuing overlapping that might call the CSDP as such into question, whereas the end effect should be to push the Member States towards smarter defence spending whereby they would pool and share a larger proportion of their defence capabilities, budget and requirements while achieving more security for their citizens; calls on Member States to develop greater transparency regarding their respective defence budgets;

| 26. | Recalls that the CFSP and CSDP, should also lead to disarmament and non-proliferations of weapons ranging from small and light weapons (SALW) to nuclear warheads and ballistic missiles; urges the VP/HR to give this policy priority by promoting a new series of proactive measures addressing the issues of landmines, cluster munitions and depleted uranium ammunition, and small and light weapons, biological, chemical and nuclear weapons of mass destruction and their means of delivery; urges the VP/HR to report to the European Parliament about the implementation of the 2010 NPT Review Conference and its action plan on disarmament and non-proliferation on an annual basis; |
| --- | --- |

26.

Recalls that the CFSP and CSDP, should also lead to disarmament and non-proliferations of weapons ranging from small and light weapons (SALW) to nuclear warheads and ballistic missiles; urges the VP/HR to give this policy priority by promoting a new series of proactive measures addressing the issues of landmines, cluster munitions and depleted uranium ammunition, and small and light weapons, biological, chemical and nuclear weapons of mass destruction and their means of delivery; urges the VP/HR to report to the European Parliament about the implementation of the 2010 NPT Review Conference and its action plan on disarmament and non-proliferation on an annual basis;

| 27. | Deplores the widespread overlapping of defence programmes in the EU, such as the more than 20 armoured vehicle programmes, the 6 different attack submarine programmes, the 5 ground-to-air missile programmes and the 3 combat aircraft programmes, and its consequences, namely that economies of scale are not achieved, limited economic resources are wasted, and the prices of European defence equipment are over-inflated, which moreover leads to continuing fragmentation of the European Defence Technological and Industrial Base (EDTIB), hampers the competitiveness of the whole security-related industrial sector in Europe and in this regard directly endangers technological leadership and employment; |
| --- | --- |

27.

Deplores the widespread overlapping of defence programmes in the EU, such as the more than 20 armoured vehicle programmes, the 6 different attack submarine programmes, the 5 ground-to-air missile programmes and the 3 combat aircraft programmes, and its consequences, namely that economies of scale are not achieved, limited economic resources are wasted, and the prices of European defence equipment are over-inflated, which moreover leads to continuing fragmentation of the European Defence Technological and Industrial Base (EDTIB), hampers the competitiveness of the whole security-related industrial sector in Europe and in this regard directly endangers technological leadership and employment;

| 28. | Reaffirms that all of the above points should be tackled by means of a clear-cut long-term common political resolve, making full use of the potential offered by the Lisbon Treaty, and that any common defence policy intended to move gradually towards common defence must serve to strengthen the EU’s ability to respond to crises and to provide for long-term peace-building, and above all enhance Europe’s strategic autonomy and capacity to act; calls for an extraordinary European Council meeting to be given over to European security and defence; renews its call for the drafting of a White Paper on European security and defence, to be set up in a process that includes all relevant EU stakeholders, and to be based on national defence and security reviews in all the Member States which accord with a common template and allow for direct comparability of strengths and weaknesses in current capabilities and planning assumptions; |
| --- | --- |

28.

Reaffirms that all of the above points should be tackled by means of a clear-cut long-term common political resolve, making full use of the potential offered by the Lisbon Treaty, and that any common defence policy intended to move gradually towards common defence must serve to strengthen the EU’s ability to respond to crises and to provide for long-term peace-building, and above all enhance Europe’s strategic autonomy and capacity to act; calls for an extraordinary European Council meeting to be given over to European security and defence; renews its call for the drafting of a White Paper on European security and defence, to be set up in a process that includes all relevant EU stakeholders, and to be based on national defence and security reviews in all the Member States which accord with a common template and allow for direct comparability of strengths and weaknesses in current capabilities and planning assumptions;

| 29. | Strongly calls on Member States to support the European Defence Agency as the expert EU agency entrusted with the role of identifying and developing defence capabilities in the field of crisis management and of promoting and enhancing European armaments cooperation; |
| --- | --- |

29.

Strongly calls on Member States to support the European Defence Agency as the expert EU agency entrusted with the role of identifying and developing defence capabilities in the field of crisis management and of promoting and enhancing European armaments cooperation;

| 30. | Takes note that the Franco-British agreement of 2 November 2010 on security and defence cooperation has been indeed launched outside the framework of the Treaty on European Union; hopes nevertheless that this latest attempt at Franco-British collaboration can act as a catalyst for further progress at European level in line with the Union's institutional framework and the logical requirements of rationalisation, interoperability and cost-effectiveness; underlines that the EDA should play a supportive role in this context; considers that the current Franco-British defence cooperation should provide a roadmap for more effective European defence cooperation based on capability planning and mutual dependency; urges the governments of France and the United Kingdom to commit to future European multilateral pooling and sharing arrangements; |
| --- | --- |

30.

Takes note that the Franco-British agreement of 2 November 2010 on security and defence cooperation has been indeed launched outside the framework of the Treaty on European Union; hopes nevertheless that this latest attempt at Franco-British collaboration can act as a catalyst for further progress at European level in line with the Union's institutional framework and the logical requirements of rationalisation, interoperability and cost-effectiveness; underlines that the EDA should play a supportive role in this context; considers that the current Franco-British defence cooperation should provide a roadmap for more effective European defence cooperation based on capability planning and mutual dependency; urges the governments of France and the United Kingdom to commit to future European multilateral pooling and sharing arrangements;

| 31. | Emphasises that the Permanent Structured Cooperation, as laid down in the Treaty, provides legal safeguards and obligations, and is also an instrument to promote better use of CSDP assets in times of economic austerity and to overcome a lack of consensus among Member States; calls on the Council and the Member States to determine the aims and substance of such cooperation without further delay, involving all the Member States which prove themselves to be both politically willing and militarily capable; |
| --- | --- |

31.

Emphasises that the Permanent Structured Cooperation, as laid down in the Treaty, provides legal safeguards and obligations, and is also an instrument to promote better use of CSDP assets in times of economic austerity and to overcome a lack of consensus among Member States; calls on the Council and the Member States to determine the aims and substance of such cooperation without further delay, involving all the Member States which prove themselves to be both politically willing and militarily capable;

| 32. | Believes that the role of the Defence Ministers needs to be strengthened within the Foreign Affairs Council configuration; |
| --- | --- |

32.

Believes that the role of the Defence Ministers needs to be strengthened within the Foreign Affairs Council configuration;

| 33. | Recalls that the clause on mutual assistance represents a legal obligation of effective solidarity in the event of an external attack against any of the Member States, without conflicting with NATO’s role in the European security architecture, while at the same time respecting the neutrality of some Member States; recommends, therefore, that serious thought be given to the real impact of the clause on mutual assistance, tackling the unresolved problems regarding the implementing provisions, which were removed from the draft Treaty on the Functioning of the European Union; calls for political guidelines to be drawn up, an imperative need which has arisen not least from the recent termination of the modified Treaty of Brussels (WEU); |
| --- | --- |

33.

Recalls that the clause on mutual assistance represents a legal obligation of effective solidarity in the event of an external attack against any of the Member States, without conflicting with NATO’s role in the European security architecture, while at the same time respecting the neutrality of some Member States; recommends, therefore, that serious thought be given to the real impact of the clause on mutual assistance, tackling the unresolved problems regarding the implementing provisions, which were removed from the draft Treaty on the Functioning of the European Union; calls for political guidelines to be drawn up, an imperative need which has arisen not least from the recent termination of the modified Treaty of Brussels (WEU);

| 34. | Recognises that within the CSDP development process, the time has now come for the political achievement and the institutional achievement to be followed by concrete achievements as regards military capabilities; points out that the provisions introduced by the Lisbon Treaty offer great potential for promoting the development of those capabilities and laying down a progressive framework for the EU’s defence policy, and maintains that they need to be put to effective use as a matter of urgency; |
| --- | --- |

34.

Recognises that within the CSDP development process, the time has now come for the political achievement and the institutional achievement to be followed by concrete achievements as regards military capabilities; points out that the provisions introduced by the Lisbon Treaty offer great potential for promoting the development of those capabilities and laying down a progressive framework for the EU’s defence policy, and maintains that they need to be put to effective use as a matter of urgency;

| 35. | Recommends that Member States commit themselves fully to the provision and sustainability of military capabilities, matching the trend towards growing emphasis on the qualitative aspects; endorses the requests made at the Ghent informal Defence Ministers' meeting and in the German-Swedish paper and the Weimar initiative and calls for the operative phase to begin without delay, in line with the December 2010 Council conclusions, in which the Defence Ministers agreed that the EDA should intensify its work to facilitate the identification of areas for pooling and sharing military capabilities, including through the support of a team of wise men; stresses the need to make this new approach to capability development a success; calls on the Member States to respect the deadline set by the December 2010 Council; recalls that the Chiefs of Staff of the EU armed forces have been tasked to screen their capabilities by May 2011, that the EU Military Staff has been commissioned to use this data for producing an overview by mid-2011 and that EU Ministers of Defence will reach final conclusions by the end of this year; calls on the Agency to make this new initiative its priority and to list potential new cooperation projects (for instance in areas such as satellite communications, medical support, naval logistics and cyber security) so as to avoid overlapping of costs and increase interoperability; |
| --- | --- |

35.

Recommends that Member States commit themselves fully to the provision and sustainability of military capabilities, matching the trend towards growing emphasis on the qualitative aspects; endorses the requests made at the Ghent informal Defence Ministers' meeting and in the German-Swedish paper and the Weimar initiative and calls for the operative phase to begin without delay, in line with the December 2010 Council conclusions, in which the Defence Ministers agreed that the EDA should intensify its work to facilitate the identification of areas for pooling and sharing military capabilities, including through the support of a team of wise men; stresses the need to make this new approach to capability development a success; calls on the Member States to respect the deadline set by the December 2010 Council; recalls that the Chiefs of Staff of the EU armed forces have been tasked to screen their capabilities by May 2011, that the EU Military Staff has been commissioned to use this data for producing an overview by mid-2011 and that EU Ministers of Defence will reach final conclusions by the end of this year; calls on the Agency to make this new initiative its priority and to list potential new cooperation projects (for instance in areas such as satellite communications, medical support, naval logistics and cyber security) so as to avoid overlapping of costs and increase interoperability;

| 36. | Supports the recommendations of the January 2011 Foreign Affairs Council, which called on the VP/HR to pursue the subjects raised in the Weimar initiative so as to enable practical measures to be taken on the basis of a report that she is to submit to the Foreign Affairs Council by mid-2011, with a view to achieving concrete results by the end of the year as far as possible, including the potential for extending such initiatives to include other interested Member States; |
| --- | --- |

36.

Supports the recommendations of the January 2011 Foreign Affairs Council, which called on the VP/HR to pursue the subjects raised in the Weimar initiative so as to enable practical measures to be taken on the basis of a report that she is to submit to the Foreign Affairs Council by mid-2011, with a view to achieving concrete results by the end of the year as far as possible, including the potential for extending such initiatives to include other interested Member States;

| 37. | Reaffirms the need to overcome the current imbalance in terms of planning and conduct capabilities of civilian and military operations by providing the EU with a permanent civil-military planning and conduct capacity or Operational Headquarters (OHQ) which will allow for a more reactive and cost-effective EU response; points out that the Berlin Plus arrangements have been put to only limited use, having been confined to date to takeovers of pre-existing NATO missions, and draws attention to the problems connected with the framework nation track, which is based on the use of five national OHQs, adding the lack of pre-planning to the difficulties in force generation and increased complexity of coordinating civilian and military capabilities; |
| --- | --- |

37.

Reaffirms the need to overcome the current imbalance in terms of planning and conduct capabilities of civilian and military operations by providing the EU with a permanent civil-military planning and conduct capacity or Operational Headquarters (OHQ) which will allow for a more reactive and cost-effective EU response; points out that the Berlin Plus arrangements have been put to only limited use, having been confined to date to takeovers of pre-existing NATO missions, and draws attention to the problems connected with the framework nation track, which is based on the use of five national OHQs, adding the lack of pre-planning to the difficulties in force generation and increased complexity of coordinating civilian and military capabilities;

| 38. | Considers that the existing Operation Centre, though constituting a welcome first step, falls short of requirements and of the level of ambition of a permanent OHQ and that it must instead be made permanent and put in a position to manage larger missions, that it must be granted adequate staff resources and operational infrastructure and that the unreliability of the EU’s communications and information systems infrastructure must be dealt with, the main reason for which is that there is no permanent command and control (C2) structure (and relevant legal framework), a fact which can also adversely affect situational awareness; advocates co-location of the military OHQ with the civilian HQ, in order to allow the whole range of military and civilian operations to be carried out, exploiting potential synergistic effects to the full while respecting the distinctive civilian and military chains of command and the different decision-making procedures and financing arrangements; |
| --- | --- |

38.

Considers that the existing Operation Centre, though constituting a welcome first step, falls short of requirements and of the level of ambition of a permanent OHQ and that it must instead be made permanent and put in a position to manage larger missions, that it must be granted adequate staff resources and operational infrastructure and that the unreliability of the EU’s communications and information systems infrastructure must be dealt with, the main reason for which is that there is no permanent command and control (C2) structure (and relevant legal framework), a fact which can also adversely affect situational awareness; advocates co-location of the military OHQ with the civilian HQ, in order to allow the whole range of military and civilian operations to be carried out, exploiting potential synergistic effects to the full while respecting the distinctive civilian and military chains of command and the different decision-making procedures and financing arrangements;

| 39. | Welcomes the fact that, in her reply to the Weimar initiative, the VP/HR recognised the need for an EU military conduct capability; maintains that the cost-efficiency analysis called for by the VP/HR should also factor in the costs arising because the EU has no OHQ; declares its intention of promoting a study on that point and on the possible cost of, and financing arrangements for, the new structure; |
| --- | --- |

39.

Welcomes the fact that, in her reply to the Weimar initiative, the VP/HR recognised the need for an EU military conduct capability; maintains that the cost-efficiency analysis called for by the VP/HR should also factor in the costs arising because the EU has no OHQ; declares its intention of promoting a study on that point and on the possible cost of, and financing arrangements for, the new structure;

| 40. | Recognises the soundness of the Battlegroups, but calls for the concept and the structure of the Battlegroups, which have so far never been deployed, to be carefully reviewed for an increased degree of flexibility and efficiency; believes that






  — | consideration could be given to specialising one of the two Battlegroups in niche capabilities and/or capabilities suited to low-intensity conflicts entailing mixed civilian-military tasks; |
| --- | --- | --- |

40.

Recognises the soundness of the Battlegroups, but calls for the concept and the structure of the Battlegroups, which have so far never been deployed, to be carefully reviewed for an increased degree of flexibility and efficiency; believes that

—

consideration could be given to specialising one of the two Battlegroups in niche capabilities and/or capabilities suited to low-intensity conflicts entailing mixed civilian-military tasks;

| — | the operating costs should be charged to the ATHENA mechanism, which is due to be reviewed under the Polish Presidency; |
| --- | --- |

—

the operating costs should be charged to the ATHENA mechanism, which is due to be reviewed under the Polish Presidency;

| 41. | Underlines the Treaty reference to a European capabilities and armaments policy to be defined with the participation of the EDA and calls for the cooperation of the EU institutions, bodies and Member States to this end in the framing and implementation of such a policy; |
| --- | --- |

41.

Underlines the Treaty reference to a European capabilities and armaments policy to be defined with the participation of the EDA and calls for the cooperation of the EU institutions, bodies and Member States to this end in the framing and implementation of such a policy;

| 42. | Encourages close cooperation between the Agency and the Commission with a view to enhancing dual-use capabilities in order to find the most comprehensive approach to security-related research and to make for better synergic management of civilian-military resources, in particular through the security theme of the Framework Programme for Research and Technological Development; accordingly welcomes the prospect of the Eighth Framework Programme, which will also cover external security; and calls on the Commission to acknowledge the reality of the civil-military nature of crisis management and consider the financing of security and defence research which has civilian applications with Community funds; notes, however, that this cooperation should not exceed what is necessary with a view to civil-military cooperation in peace-keeping, conflict prevention and strengthening international security as well as crisis management activities; |
| --- | --- |

42.

Encourages close cooperation between the Agency and the Commission with a view to enhancing dual-use capabilities in order to find the most comprehensive approach to security-related research and to make for better synergic management of civilian-military resources, in particular through the security theme of the Framework Programme for Research and Technological Development; accordingly welcomes the prospect of the Eighth Framework Programme, which will also cover external security; and calls on the Commission to acknowledge the reality of the civil-military nature of crisis management and consider the financing of security and defence research which has civilian applications with Community funds; notes, however, that this cooperation should not exceed what is necessary with a view to civil-military cooperation in peace-keeping, conflict prevention and strengthening international security as well as crisis management activities;

| 43. | Urges the head of the EDA (HR/VP) as well as the Council to deliver in good time a new Council Decision on Establishing the EDA based on the EDA's new role as described in the Lisbon Treaty; questions the current legal basis of the EDA dating back to 2004 in view of the Lisbon Treaty and its implications for the EDA; calls on the Council to inform the European Parliament on the necessary changes to the Council Joint Action on Establishing the EDA resulting from the EDA's inclusion in the Lisbon Treaty; |
| --- | --- |

43.

Urges the head of the EDA (HR/VP) as well as the Council to deliver in good time a new Council Decision on Establishing the EDA based on the EDA's new role as described in the Lisbon Treaty; questions the current legal basis of the EDA dating back to 2004 in view of the Lisbon Treaty and its implications for the EDA; calls on the Council to inform the European Parliament on the necessary changes to the Council Joint Action on Establishing the EDA resulting from the EDA's inclusion in the Lisbon Treaty;

| 44. | Calls for the establishment of a strong partnership between the Commission, Parliament, the EDA and the participating Member States on the preparations for the Eighth Framework Programme with a view to investments in technology areas of common interest at EU level, bearing in mind not least that the amount spent in Europe on investment in defence-related R&D is currently equivalent to about 10 % of the US figure; |
| --- | --- |

44.

Calls for the establishment of a strong partnership between the Commission, Parliament, the EDA and the participating Member States on the preparations for the Eighth Framework Programme with a view to investments in technology areas of common interest at EU level, bearing in mind not least that the amount spent in Europe on investment in defence-related R&D is currently equivalent to about 10 % of the US figure;

| 45. | Calls for strong cooperation between the EDA and the Organisation Conjointe de Coopération en matière d'ARmement (OCCAR); requests information from the head of the EDA (HR/VP) on the results of the negotiations on an Administrative Arrangement for their cooperation which started in April 2009; |
| --- | --- |

45.

Calls for strong cooperation between the EDA and the Organisation Conjointe de Coopération en matière d'ARmement (OCCAR); requests information from the head of the EDA (HR/VP) on the results of the negotiations on an Administrative Arrangement for their cooperation which started in April 2009;

| 46. | Reaffirms that one of the prerequisites for an autonomous and credible CSDP is the establishment of a more competitive and efficient European defence and security market open to public procurement, with an enhanced European Defence Technological and Industrial Base (EDTIB) that takes into account key industrial capabilities, security of supply between countries, a deepening and diversifying supplier base and increased armaments cooperation; |
| --- | --- |

46.

Reaffirms that one of the prerequisites for an autonomous and credible CSDP is the establishment of a more competitive and efficient European defence and security market open to public procurement, with an enhanced European Defence Technological and Industrial Base (EDTIB) that takes into account key industrial capabilities, security of supply between countries, a deepening and diversifying supplier base and increased armaments cooperation;

| 47. | Points out that it is essential, for the defence market, for the following directives to be transposed into national law by all Member States:






  — | (by 30 June 2011) Directive 2009/43/EC on transfer of defence-related products within the Community, and |
| --- | --- | --- |

47.

Points out that it is essential, for the defence market, for the following directives to be transposed into national law by all Member States:

—

(by 30 June 2011) Directive 2009/43/EC on transfer of defence-related products within the Community, and

| — | (by 31 August 2011) Directive 2009/81/EC on procedures for the award of contracts in the fields of defence and security; |
| --- | --- |

—

(by 31 August 2011) Directive 2009/81/EC on procedures for the award of contracts in the fields of defence and security;

recommends that Member States comply strictly with the deadlines, under the Commission’s supervision, and that they draw up the necessary implementing regulations and train the relevant staff to enforce the new rules; calls upon Member States to take the respective Guidance Notes issued by the Commission into account;

| 48. | Recommends that the implementation of the Common Position defining unified rules on the control of technology and military exports adopted on 8 December 2008 be urgently reviewed, in order to ensure strict and consistent compliance by all national authorities involved in each Member State; |
| --- | --- |

48.

Recommends that the implementation of the Common Position defining unified rules on the control of technology and military exports adopted on 8 December 2008 be urgently reviewed, in order to ensure strict and consistent compliance by all national authorities involved in each Member State;

| 49. | Urges Member States to abide by the EDA’s Code of Conduct on defence procurement and its Code of Conduct on offsets, so as to prevent violations of internal market rules and reduce opportunities for corruption; |
| --- | --- |

49.

Urges Member States to abide by the EDA’s Code of Conduct on defence procurement and its Code of Conduct on offsets, so as to prevent violations of internal market rules and reduce opportunities for corruption;

| 50. | Underlines that, in order to foster the emerging European security and defence market, a remedy needs to be found for the vacuum in terms of regulations and standards, since this situation limits market opportunities for both large players and SMEs and prevents interoperability among security systems; fully supports the work of the EDA in the framework of the new legal basis provided by the Lisbon Treaty; advocates close collaboration between the EDA and the Commission to create a European defence market; calls for the Commission to launch, in cooperation with the EDA, a first reflection on an European industrial policy in the field of security and defence; |
| --- | --- |

50.

Underlines that, in order to foster the emerging European security and defence market, a remedy needs to be found for the vacuum in terms of regulations and standards, since this situation limits market opportunities for both large players and SMEs and prevents interoperability among security systems; fully supports the work of the EDA in the framework of the new legal basis provided by the Lisbon Treaty; advocates close collaboration between the EDA and the Commission to create a European defence market; calls for the Commission to launch, in cooperation with the EDA, a first reflection on an European industrial policy in the field of security and defence;

| 51. | Urges the participating Member States to regard their participation in the EDA as a permanent commitment and to provide the Agency with the necessary human and economic resources; calls for the expenditure earmarked for operational projects and studies (which has hitherto accounted – on average – for about 25 % of the budget) to be raised in the unwelcome event that vetoes on budget increases were to continue for a lengthy period; |
| --- | --- |

51.

Urges the participating Member States to regard their participation in the EDA as a permanent commitment and to provide the Agency with the necessary human and economic resources; calls for the expenditure earmarked for operational projects and studies (which has hitherto accounted – on average – for about 25 % of the budget) to be raised in the unwelcome event that vetoes on budget increases were to continue for a lengthy period;

| 52. | Calls on the EDA’s participating Member States to add to the work and initiatives to be presented by the VP/HR in her capacity as head of the Agency and urges the VP/HR to establish working methods improving the capacity of the participating Member States to take responsibility as decision-makers, and consistent with the intergovernmental nature of the Agency and the provisions of the Treaty, the idea being to build a political consensus; |
| --- | --- |

52.

Calls on the EDA’s participating Member States to add to the work and initiatives to be presented by the VP/HR in her capacity as head of the Agency and urges the VP/HR to establish working methods improving the capacity of the participating Member States to take responsibility as decision-makers, and consistent with the intergovernmental nature of the Agency and the provisions of the Treaty, the idea being to build a political consensus;

| 53. | Considers that the adoption of EU regulatory measures, including a comprehensive normative system for the establishment, registration, licensing, monitoring and reporting on violations of applicable law by private military and security (PMS) companies - both at internal and external level –, is necessary; |
| --- | --- |

53.

Considers that the adoption of EU regulatory measures, including a comprehensive normative system for the establishment, registration, licensing, monitoring and reporting on violations of applicable law by private military and security (PMS) companies - both at internal and external level –, is necessary;

| 54. | Calls therefore on the Commission and the Council to initiate appropriate actions:






  — | for the internal level, the drafting of a Recommendation paving the way for a Directive aimed at harmonising national measures regulating PMSC services, including service providers and the procurement of services; |
| --- | --- | --- |

54.

Calls therefore on the Commission and the Council to initiate appropriate actions:

—

for the internal level, the drafting of a Recommendation paving the way for a Directive aimed at harmonising national measures regulating PMSC services, including service providers and the procurement of services;

| — | for the external level, the drafting of a Code of Conduct paving the way for a Decision regulating the export of PMSC services to third states to the extent not covered by the above-mentioned Directive; |
| --- | --- |

—

for the external level, the drafting of a Code of Conduct paving the way for a Decision regulating the export of PMSC services to third states to the extent not covered by the above-mentioned Directive;

External and internal security

| 55. | Considers that the internal and external aspects of EU security should be treated as complementary dimensions of the same strategy, as the European Council has made clear since its meetings in Tampere (1999), Feira (2000) and Stockholm (2010), when it adopted the European freedom, security, and justice area objectives for the period 2010-2014; stresses that under no circumstances are core values and norms such as human rights, fundamental rights and freedoms and humanitarian law negotiable in the context of the fight against international terrorism and that one of the conclusions of the European Parliament’s Temporary Committee on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners is that national and EU anti-terrorism policies and measures need more parliamentary oversight; |
| --- | --- |

55.

Considers that the internal and external aspects of EU security should be treated as complementary dimensions of the same strategy, as the European Council has made clear since its meetings in Tampere (1999), Feira (2000) and Stockholm (2010), when it adopted the European freedom, security, and justice area objectives for the period 2010-2014; stresses that under no circumstances are core values and norms such as human rights, fundamental rights and freedoms and humanitarian law negotiable in the context of the fight against international terrorism and that one of the conclusions of the European Parliament’s Temporary Committee on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners is that national and EU anti-terrorism policies and measures need more parliamentary oversight;

| 56. | Considers that it has become increasingly clear in modern times, and especially since September 11, that many transnational threats such as terrorism, proliferation of weapons of mass destruction, organised crime, cybercrime, drugs and trafficking in human beings cannot be addressed without coordinated action involving ‘external’ security policies and ‘internal’ legislative and political measures and tools, as already highlighted in the first European Union Anti-Terrorism Action Plan (2001) and the European Union Counter-Terrorism Strategy (2005); recalls that the 2008 Council implementation report on the European Security Strategy points out that State failure affects European security, as the Somalia case illustrates; |
| --- | --- |

56.

Considers that it has become increasingly clear in modern times, and especially since September 11, that many transnational threats such as terrorism, proliferation of weapons of mass destruction, organised crime, cybercrime, drugs and trafficking in human beings cannot be addressed without coordinated action involving ‘external’ security policies and ‘internal’ legislative and political measures and tools, as already highlighted in the first European Union Anti-Terrorism Action Plan (2001) and the European Union Counter-Terrorism Strategy (2005); recalls that the 2008 Council implementation report on the European Security Strategy points out that State failure affects European security, as the Somalia case illustrates;

| 57. | Acknowledges that the connections between external and internal security policies have become more and more apparent in the Member States and notably in third countries such as the US, where the Department of Homeland Security, established in 2003 by the merger of 22 federal agencies, now employs more than 200 000 officials and has an annual budget of more than USD 40 billion; considers it to be no surprise that the main missions of the DHS are to some extent the same as those which the European Union has linked to the creation of the area of freedom, security, and justice (protection of external borders, migration, anti-terrorism); |
| --- | --- |

57.

Acknowledges that the connections between external and internal security policies have become more and more apparent in the Member States and notably in third countries such as the US, where the Department of Homeland Security, established in 2003 by the merger of 22 federal agencies, now employs more than 200 000 officials and has an annual budget of more than USD 40 billion; considers it to be no surprise that the main missions of the DHS are to some extent the same as those which the European Union has linked to the creation of the area of freedom, security, and justice (protection of external borders, migration, anti-terrorism);

| 58. | Welcomes the fact that key provisions of the Lisbon Treaty reflect the adaptation to the abovementioned context and the need to exploit the synergies between external and internal security, including the following:






  — | expansion of the CSDP to include wider Petersberg-type missions that could contribute to counterterrorism, not least through support to help third countries fight terrorism on their territory; recommends that these provisions be interpreted in sweeping terms in line with the relevant UN resolutions and with full respect for human rights and fundamental freedoms; recalls, however, that a military response it is not by itself enough to defeat international terrorism and calls for sustained international efforts to identify and deal with legitimate grievances behind the phenomenon, enhancing, at the same time, dialogue and broadening understanding among civilisations; |
| --- | --- | --- |

58.

Welcomes the fact that key provisions of the Lisbon Treaty reflect the adaptation to the abovementioned context and the need to exploit the synergies between external and internal security, including the following:

—

expansion of the CSDP to include wider Petersberg-type missions that could contribute to counterterrorism, not least through support to help third countries fight terrorism on their territory; recommends that these provisions be interpreted in sweeping terms in line with the relevant UN resolutions and with full respect for human rights and fundamental freedoms; recalls, however, that a military response it is not by itself enough to defeat international terrorism and calls for sustained international efforts to identify and deal with legitimate grievances behind the phenomenon, enhancing, at the same time, dialogue and broadening understanding among civilisations;

| — | solidarity clause: agrees that this mechanism must be made operative and welcomes the fact that the Commission and the VP/HR have pledged to submit a cross-cutting proposal in 2011 in order to provide the basis for the EU’s collective commitment to put the solidarity clause into practice; |
| --- | --- |

—

solidarity clause: agrees that this mechanism must be made operative and welcomes the fact that the Commission and the VP/HR have pledged to submit a cross-cutting proposal in 2011 in order to provide the basis for the EU’s collective commitment to put the solidarity clause into practice;

| 59. | Considers that the European Security Strategy (2003) and the Internal Security Strategy (2010) coherently identify a number of common areas – such as terrorism, organised crime and cybersecurity – which have implications in both security dimensions; agrees, therefore, that the way of bringing together the internal and external dimensions needs to be improved, an idea which has been developed by the Commission in its Communication entitled ‘The EU Internal Security Strategy in Action: Five steps towards a more secure Europe’(COM(2010)0673); |
| --- | --- |

59.

Considers that the European Security Strategy (2003) and the Internal Security Strategy (2010) coherently identify a number of common areas – such as terrorism, organised crime and cybersecurity – which have implications in both security dimensions; agrees, therefore, that the way of bringing together the internal and external dimensions needs to be improved, an idea which has been developed by the Commission in its Communication entitled ‘The EU Internal Security Strategy in Action: Five steps towards a more secure Europe’(COM(2010)0673);

| 60. | Considers that the complementarity of external and internal security objectives is mirrored by the fact that:






  — | the PSC and the COSI (the Internal Security Committee, established by the TFEU), as well as SITCEN, the Commission and security-related agencies such as EUROPOL, EUROJUST and FRONTEX will work together and submit a common threat assessment to the EU institutions; |
| --- | --- | --- |

60.

Considers that the complementarity of external and internal security objectives is mirrored by the fact that:

—

the PSC and the COSI (the Internal Security Committee, established by the TFEU), as well as SITCEN, the Commission and security-related agencies such as EUROPOL, EUROJUST and FRONTEX will work together and submit a common threat assessment to the EU institutions;

| — | a security information model will be developed by connecting the Schengen Information System to all the other relevant Europe-wide networks such as the VIS and Eurodac, using the experience and best practice from other countries; stresses that the risks to privacy and the ethical implications of this need to be taken into account; |
| --- | --- |

—

a security information model will be developed by connecting the Schengen Information System to all the other relevant Europe-wide networks such as the VIS and Eurodac, using the experience and best practice from other countries; stresses that the risks to privacy and the ethical implications of this need to be taken into account;

| — | the tracking of terrorism financing has been provided for by the EU-US TFTP agreement and by all the legislative measures imposing the traceability of suspect transactions; |
| --- | --- |

—

the tracking of terrorism financing has been provided for by the EU-US TFTP agreement and by all the legislative measures imposing the traceability of suspect transactions;

| — | the definition of the European critical infrastructures takes into account the impact of man-made actions such as terrorist attacks and cyber attacks; |
| --- | --- |

—

the definition of the European critical infrastructures takes into account the impact of man-made actions such as terrorist attacks and cyber attacks;

| 61. | Is of the view that all the initiatives listed above could therefore be launched only with a sound legal basis and legislative measures which can be adopted under the ordinary internal EU competence, for which a qualified majority in the Council is the rule and which also involves codecision in Parliament and, last but not least, judicial review by the Court of Justice; |
| --- | --- |

61.

Is of the view that all the initiatives listed above could therefore be launched only with a sound legal basis and legislative measures which can be adopted under the ordinary internal EU competence, for which a qualified majority in the Council is the rule and which also involves codecision in Parliament and, last but not least, judicial review by the Court of Justice;

| 62. | Is of the view that logic will then imply that, when the same threat requires the activation of external and internal security measures, the EU should give priority to the more efficient – and legally sound – measures available, the latter being those arising from internal competence; considers that Parliament’s role should also be decisive as regards the related specific CFSP strategies and measures; |
| --- | --- |

62.

Is of the view that logic will then imply that, when the same threat requires the activation of external and internal security measures, the EU should give priority to the more efficient – and legally sound – measures available, the latter being those arising from internal competence; considers that Parliament’s role should also be decisive as regards the related specific CFSP strategies and measures;

| 63. | Reminds the Council and the VP/HR that they are obliged to keep Parliament informed about the state of external relations and in particular relations with third countries and international organisations with which international agreements are being negotiated or have been concluded in the EU’s interest; reminds the Council that, where they do not relate exclusively to the CFSP, agreements on the exchange of confidential information with third countries and international organisations must be negotiated and concluded in such a way as to enable Parliament to be informed and involved in accordance with Article 218(6) TFEU; bearing that point in mind, reserves the right to determine whether the Agreement between the Member States of the European Union, meeting within the Council, regarding the protection of classified information exchanged in the interests of the European Union does not interfere with the exercise of the prerogatives conferred on it by the Treaty; |
| --- | --- |

63.

Reminds the Council and the VP/HR that they are obliged to keep Parliament informed about the state of external relations and in particular relations with third countries and international organisations with which international agreements are being negotiated or have been concluded in the EU’s interest; reminds the Council that, where they do not relate exclusively to the CFSP, agreements on the exchange of confidential information with third countries and international organisations must be negotiated and concluded in such a way as to enable Parliament to be informed and involved in accordance with Article 218(6) TFEU; bearing that point in mind, reserves the right to determine whether the Agreement between the Member States of the European Union, meeting within the Council, regarding the protection of classified information exchanged in the interests of the European Union does not interfere with the exercise of the prerogatives conferred on it by the Treaty;

Security through operations

| 64. | Welcomes the fact that since 2003 the EU has undertaken numerous operations (24) in three continents involving different types of intervention, the bulk being accounted for by civilian missions specialising in policing, security sector reform (SSR) and consolidation of the rule of law; notes that out of 24 CSDP missions so far 16 have been of a civilian nature; |
| --- | --- |

64.

Welcomes the fact that since 2003 the EU has undertaken numerous operations (24) in three continents involving different types of intervention, the bulk being accounted for by civilian missions specialising in policing, security sector reform (SSR) and consolidation of the rule of law; notes that out of 24 CSDP missions so far 16 have been of a civilian nature;

| 65. | Notes that this trend is confirmed by the features of the 13 missions currently under way and that, above and beyond this classification, missions are increasingly being required to assume a ‘multifunctional’ character, as in the case of EULEX Kosovo, which combines several functions (police, customs and judicial systems) with training, monitoring and assistance functions as well as executive tasks, or the more recent EUTM Somalia mission, based in Uganda and intended to provide military training to security forces of the Transitional Federal Government, which is an example of the increased emphasis on SSR-related tasks in military crisis management; |
| --- | --- |

65.

Notes that this trend is confirmed by the features of the 13 missions currently under way and that, above and beyond this classification, missions are increasingly being required to assume a ‘multifunctional’ character, as in the case of EULEX Kosovo, which combines several functions (police, customs and judicial systems) with training, monitoring and assistance functions as well as executive tasks, or the more recent EUTM Somalia mission, based in Uganda and intended to provide military training to security forces of the Transitional Federal Government, which is an example of the increased emphasis on SSR-related tasks in military crisis management;

| 66. | Welcomes the ongoing revision of the existing civilian CSDP concepts; notes in particular that the rule of law will be seen as a central concept for civilian missions covering police, justice, civilian administration, customs, border monitoring and other relevant areas of use to planners and experts on the ground in setting up and conducting missions with strengthening and/or substitution (executive) tasks; endorses the work being done to develop the concept of CSDP justice missions, while observing that needless overlapping with possible Community programmes has to be avoided; calls, in this light, for urgent detailed information to be provided by the HR/VP to the European Parliament on the hiring of private security and military companies (PMSCs) in CSDP and CFSP missions, specifying professional requirements and corporate standards demanded from contractors, applicable regulations and legal responsibilities and obligations, monitoring mechanisms, effectiveness evaluation and costs involved; |
| --- | --- |

66.

Welcomes the ongoing revision of the existing civilian CSDP concepts; notes in particular that the rule of law will be seen as a central concept for civilian missions covering police, justice, civilian administration, customs, border monitoring and other relevant areas of use to planners and experts on the ground in setting up and conducting missions with strengthening and/or substitution (executive) tasks; endorses the work being done to develop the concept of CSDP justice missions, while observing that needless overlapping with possible Community programmes has to be avoided; calls, in this light, for urgent detailed information to be provided by the HR/VP to the European Parliament on the hiring of private security and military companies (PMSCs) in CSDP and CFSP missions, specifying professional requirements and corporate standards demanded from contractors, applicable regulations and legal responsibilities and obligations, monitoring mechanisms, effectiveness evaluation and costs involved;

| 67. | Recognises also that the Lisbon Treaty has provided for an extension of the Petersberg-type missions, de facto already under way in the years preceding the entry into force of the Treaty, and has thus brought about innovation and provided a stronger political and legal framework consistent with reality; |
| --- | --- |

67.

Recognises also that the Lisbon Treaty has provided for an extension of the Petersberg-type missions, de facto already under way in the years preceding the entry into force of the Treaty, and has thus brought about innovation and provided a stronger political and legal framework consistent with reality;

| 68. | Urges that the experience acquired be turned to account in order to give new impetus to missions (the EUTM Somalia mission is the only new intervention to have been undertaken in the last two years), since missions are the acid test of the CSDP mandate and an important touchstone of the EU's credibility as an international player; |
| --- | --- |

68.

Urges that the experience acquired be turned to account in order to give new impetus to missions (the EUTM Somalia mission is the only new intervention to have been undertaken in the last two years), since missions are the acid test of the CSDP mandate and an important touchstone of the EU's credibility as an international player;

| 69. | Points out that clear-cut progress is needed urgently as regards technical, legal, operational, and above all political and strategic aspects; maintains in particular that every mission should be encompassed within a clear (medium- and long-term) political strategy and underlines that missions are not undertaken as a substitute for policy; considers such linkage to be essential in order to ensure the operational success of interventions and, more generally, break the vicious circle in which the CSDP, rather than being a tool of the CFSP, is tending to replace it, with all the inconsistencies which that entails; |
| --- | --- |

69.

Points out that clear-cut progress is needed urgently as regards technical, legal, operational, and above all political and strategic aspects; maintains in particular that every mission should be encompassed within a clear (medium- and long-term) political strategy and underlines that missions are not undertaken as a substitute for policy; considers such linkage to be essential in order to ensure the operational success of interventions and, more generally, break the vicious circle in which the CSDP, rather than being a tool of the CFSP, is tending to replace it, with all the inconsistencies which that entails;

| 70. | Notes with concern that linkage to a clear political strategy has to date been lacking and in most cases is still not being provided, a shortcoming which adversely affects the effectiveness and efficiency of missions, for example:






  — | EUPOL Afghanistan is having only a targeted impact concentrating only on high-level officials, and was only recently embedded in the EU AFPAK action plan; |
| --- | --- | --- |

70.

Notes with concern that linkage to a clear political strategy has to date been lacking and in most cases is still not being provided, a shortcoming which adversely affects the effectiveness and efficiency of missions, for example:

—

EUPOL Afghanistan is having only a targeted impact concentrating only on high-level officials, and was only recently embedded in the EU AFPAK action plan;

| — | EULEX Kosovo, the most important civilian mission of the EU, encountered many obstacles, mainly due to the lack of supporting legislation and staff constraints; however, it plays an important role in the field of the rule of law and continues to provide stability in the region; |
| --- | --- |

—

EULEX Kosovo, the most important civilian mission of the EU, encountered many obstacles, mainly due to the lack of supporting legislation and staff constraints; however, it plays an important role in the field of the rule of law and continues to provide stability in the region;

| — | EUBAM Rafah and EUPOL COPPS, which is widely recognised and accepted as the key international expert interlocutor on policing issues in the Palestinian territories, have not been in a position to significantly affect developments in the conflict, because they are not based on any clearcut political and diplomatic strategy, which, however, needs to be sought in order to pave the way for a renewed commitment in the Palestinian territories; |
| --- | --- |

—

EUBAM Rafah and EUPOL COPPS, which is widely recognised and accepted as the key international expert interlocutor on policing issues in the Palestinian territories, have not been in a position to significantly affect developments in the conflict, because they are not based on any clearcut political and diplomatic strategy, which, however, needs to be sought in order to pave the way for a renewed commitment in the Palestinian territories;

| — | EUFOR Althea in Bosnia-Herzegovina (launched in 2004 under the Berlin Plus arrangements) may have achieved its main aims, and a political assessment should therefore be made with a view to determining whether the mission should be considered completed and the substantial financial and human resources (more than 1 400 people) recovered; |
| --- | --- |

—

EUFOR Althea in Bosnia-Herzegovina (launched in 2004 under the Berlin Plus arrangements) may have achieved its main aims, and a political assessment should therefore be made with a view to determining whether the mission should be considered completed and the substantial financial and human resources (more than 1 400 people) recovered;

| — | the EU has successfully taken the lead in international efforts to fight piracy through EUNAVFOR Somalia (operation Atalanta) but the issue of judicial treatment of pirates needs to be urgently solved, notably based on the Lang report recently submitted to the UN Security Council; operation Atalanta is being hampered by the lack of implementation of a clear regional strategy to tackle the root causes of piracy and deal effectively with the chronic instability in the Horn of Africa; actions enhancing regional maritime surveillance capabilities should be taken urgently; |
| --- | --- |

—

the EU has successfully taken the lead in international efforts to fight piracy through EUNAVFOR Somalia (operation Atalanta) but the issue of judicial treatment of pirates needs to be urgently solved, notably based on the Lang report recently submitted to the UN Security Council; operation Atalanta is being hampered by the lack of implementation of a clear regional strategy to tackle the root causes of piracy and deal effectively with the chronic instability in the Horn of Africa; actions enhancing regional maritime surveillance capabilities should be taken urgently;

| — | EUTM may prove counterproductive by enhancing the military capabilities of possible recruits to militias in Somalia; |
| --- | --- |

—

EUTM may prove counterproductive by enhancing the military capabilities of possible recruits to militias in Somalia;

| — | EUPOL RD Congo and EUSEC RD Congo have been in the country since 2007 and 2005 respectively but have only had limited positive effects on target groups if any; recommends a stronger focus on the issue of sexual violence in order to increase the effectiveness of both missions; |
| --- | --- |

—

EUPOL RD Congo and EUSEC RD Congo have been in the country since 2007 and 2005 respectively but have only had limited positive effects on target groups if any; recommends a stronger focus on the issue of sexual violence in order to increase the effectiveness of both missions;

| 71. | Welcomes the decision of the Council to conduct the operation EUFOR Libya in support of humanitarian assistance operations if requested by UN OCHA; appeals to the Council to provide immediate humanitarian support to Misrata and other population centres, specifically by naval means; is profoundly concerned about the increasing number of victims of the conflict in Libya and the Gaddafi regime’s reported use of cluster munitions and other arms against the civilian population; deeply regrets that the mandate of EUFOR was limited to humanitarian aspects when there was a clear case for the EU to take the lead in maritime surveillance (embargo enforcement and assistance to Frontex) and in humanitarian assistance and protection of civilians in Libya; recalls in this regard its resolution of 10 March 2011 calling on the HR/VP to explore the option of enforcing the embargo by using air and naval CSDP assets; regrets the decision of some Member States to veto a broader mandate for EUFOR Libya while at the same time conducting such operations on their own; calls for a start to be made on planning a potential CSDP operation in the medium to long term in Libya in the areas of security sector reform, institution-building and border management; |
| --- | --- |

71.

Welcomes the decision of the Council to conduct the operation EUFOR Libya in support of humanitarian assistance operations if requested by UN OCHA; appeals to the Council to provide immediate humanitarian support to Misrata and other population centres, specifically by naval means; is profoundly concerned about the increasing number of victims of the conflict in Libya and the Gaddafi regime’s reported use of cluster munitions and other arms against the civilian population; deeply regrets that the mandate of EUFOR was limited to humanitarian aspects when there was a clear case for the EU to take the lead in maritime surveillance (embargo enforcement and assistance to Frontex) and in humanitarian assistance and protection of civilians in Libya; recalls in this regard its resolution of 10 March 2011 calling on the HR/VP to explore the option of enforcing the embargo by using air and naval CSDP assets; regrets the decision of some Member States to veto a broader mandate for EUFOR Libya while at the same time conducting such operations on their own; calls for a start to be made on planning a potential CSDP operation in the medium to long term in Libya in the areas of security sector reform, institution-building and border management;

| 72. | Calls for closer coordination on the ground, in which the Heads of Delegation (now EEAS officials and no longer Commission officials) and the EUSRs will have a crucial role to play; considers that such coordination should apply at several levels, in particular:






  — | between missions operating in the same theatre, so as to avoid inconsistencies and overlapping of forces of the kind that occurred in the past, for example, in Bosnia-Herzegovina because of the divergences in the mandates of EUFOR Althea and the EUPM mission to combat organised crime; |
| --- | --- | --- |

72.

Calls for closer coordination on the ground, in which the Heads of Delegation (now EEAS officials and no longer Commission officials) and the EUSRs will have a crucial role to play; considers that such coordination should apply at several levels, in particular:

—

between missions operating in the same theatre, so as to avoid inconsistencies and overlapping of forces of the kind that occurred in the past, for example, in Bosnia-Herzegovina because of the divergences in the mandates of EUFOR Althea and the EUPM mission to combat organised crime;

| — | between CSDP and other EU actors and instruments, especially in Palestine and in the African missions; |
| --- | --- |

—

between CSDP and other EU actors and instruments, especially in Palestine and in the African missions;

| — | between development cooperation projects and CSDP missions as a part of CFSP; |
| --- | --- |

—

between development cooperation projects and CSDP missions as a part of CFSP;

| — | between the EU and other international players operating in the same area, so as to make for the best possible cooperation from the strategic point of view (for instance as regards the training of Afghan security forces, the activities being split between the EU, the United States and NATO) and in operational terms (with particular reference to agreements to regularise freedom of action on the ground, in order to allow the exchange of classified information, or concerning the protection of European personnel by NATO troops); |
| --- | --- |

—

between the EU and other international players operating in the same area, so as to make for the best possible cooperation from the strategic point of view (for instance as regards the training of Afghan security forces, the activities being split between the EU, the United States and NATO) and in operational terms (with particular reference to agreements to regularise freedom of action on the ground, in order to allow the exchange of classified information, or concerning the protection of European personnel by NATO troops);

| 73. | Recommends that the ATHENA mechanism be reformed with a view to rationalising and increasing the proportion of common costs (at present estimated to be about 10 %) so as to make for fairer burden-sharing in military operations, in which the participants in a mission, who already bear a heavy responsibility in terms of risks and costs, are obliged in the current situation to undertake a further economic responsibility; |
| --- | --- |

73.

Recommends that the ATHENA mechanism be reformed with a view to rationalising and increasing the proportion of common costs (at present estimated to be about 10 %) so as to make for fairer burden-sharing in military operations, in which the participants in a mission, who already bear a heavy responsibility in terms of risks and costs, are obliged in the current situation to undertake a further economic responsibility;

| 74. | Welcomes the outcome achieved under the Madrid accords on the establishment of the EEAS, which has enabled three specific budget headings to be provided for the main CSDP missions (EULEX Kosovo, EUPOL Afghanistan and EUMM Georgia) with a view to increasing transparency and improving parliamentary scrutiny of expenditure; stresses the need to allocate one budget line for each CSDP mission; declares its willingness to cooperate with the new permanent Chair of the of the PSC in order to improve, and enhance the effectiveness of, the joint consultation meetings on the CFSP, in keeping with the HR's statement on political accountability agreed in Madrid; declares its interest in learning from the US Congress and other national parliaments when it comes to procedures and methods for scrutinising security and defence policies; |
| --- | --- |

74.

Welcomes the outcome achieved under the Madrid accords on the establishment of the EEAS, which has enabled three specific budget headings to be provided for the main CSDP missions (EULEX Kosovo, EUPOL Afghanistan and EUMM Georgia) with a view to increasing transparency and improving parliamentary scrutiny of expenditure; stresses the need to allocate one budget line for each CSDP mission; declares its willingness to cooperate with the new permanent Chair of the of the PSC in order to improve, and enhance the effectiveness of, the joint consultation meetings on the CFSP, in keeping with the HR's statement on political accountability agreed in Madrid; declares its interest in learning from the US Congress and other national parliaments when it comes to procedures and methods for scrutinising security and defence policies;

| 75. | Calls for the establishment, as provided for in the Lisbon Treaty, of the start-up fund for preparatory activities in the lead-up to military operations to speed up the disbursement of funds, and for this measure to be covered by the ATHENA mechanism review proposal; |
| --- | --- |

75.

Calls for the establishment, as provided for in the Lisbon Treaty, of the start-up fund for preparatory activities in the lead-up to military operations to speed up the disbursement of funds, and for this measure to be covered by the ATHENA mechanism review proposal;

| 76. | Recommends that steps be taken to remedy the difficulty of finding professionals for civilian missions (as in the case of the EULEX Kosovo and EUPOL Afghanistan missions), which have proved to be the most frequent form of intervention, and that the necessary provision be made for rapid deployment and sustainability; |
| --- | --- |

76.

Recommends that steps be taken to remedy the difficulty of finding professionals for civilian missions (as in the case of the EULEX Kosovo and EUPOL Afghanistan missions), which have proved to be the most frequent form of intervention, and that the necessary provision be made for rapid deployment and sustainability;

| 77. | Recommends, as regards gender mainstreaming in line with UNSCR 1325 and to make civilian and military missions more effective, that female personnel be involved in the appropriate manner at every level of crisis management; emphasises the need for women to be included in senior-level decision-making positions, regular consultations with civil society, including women’s organisations, and that capacity to work on gender issues within missions be enhanced; calls for the establishment of adequate public complaint procedures in the context of CSDP missions, which would particularly assist the reporting of sexual and gender-based violence; calls on the VP/HR to include a detailed report on women, peace and security in the six-monthly evaluation of CSDP missions; stresses that it is important that the EU should appoint more female police officers and soldiers to CSDP missions, in which connection the contingent of female police officers within the UN peace-keeping force in Liberia could be used as a model; |
| --- | --- |

77.

Recommends, as regards gender mainstreaming in line with UNSCR 1325 and to make civilian and military missions more effective, that female personnel be involved in the appropriate manner at every level of crisis management; emphasises the need for women to be included in senior-level decision-making positions, regular consultations with civil society, including women’s organisations, and that capacity to work on gender issues within missions be enhanced; calls for the establishment of adequate public complaint procedures in the context of CSDP missions, which would particularly assist the reporting of sexual and gender-based violence; calls on the VP/HR to include a detailed report on women, peace and security in the six-monthly evaluation of CSDP missions; stresses that it is important that the EU should appoint more female police officers and soldiers to CSDP missions, in which connection the contingent of female police officers within the UN peace-keeping force in Liberia could be used as a model;

| 78. | Calls on the VP/HR to take the steps required to optimise the potential use of European resources and capabilities for civilian missions and notes with concern that high costs are being incurred for the security of the EUJUST LEX Iraq and EUPOL Afghanistan missions, the measures in question having been entrusted to private security companies; |
| --- | --- |

78.

Calls on the VP/HR to take the steps required to optimise the potential use of European resources and capabilities for civilian missions and notes with concern that high costs are being incurred for the security of the EUJUST LEX Iraq and EUPOL Afghanistan missions, the measures in question having been entrusted to private security companies;

| 79. | Endorses the need for more robust procedures, officially established at institutional level, to enable assessment – on a regular basis and based on common criteria – of the conduct of missions on the ground; believes that this would enable the experience acquired to be turned to account from a political, strategic, technical, legal and operational point of view, and in the long term could provide a starting point for improving interventions under way and for criteria to be applied to emerging crises so as to make for the best possible balance between strategic interests and available resources; |
| --- | --- |

79.

Endorses the need for more robust procedures, officially established at institutional level, to enable assessment – on a regular basis and based on common criteria – of the conduct of missions on the ground; believes that this would enable the experience acquired to be turned to account from a political, strategic, technical, legal and operational point of view, and in the long term could provide a starting point for improving interventions under way and for criteria to be applied to emerging crises so as to make for the best possible balance between strategic interests and available resources;

Security in partnership

| 80. | Maintains that the trend towards multipolarity in the international system and the establishment of strategic partnerships must be encompassed within an active commitment to promoting multilateralism, given that this is the dimension most consistent with respect for the universal rule of law, the specific nature of the EU and the growing interdependence which characterises globalisation; |
| --- | --- |

80.

Maintains that the trend towards multipolarity in the international system and the establishment of strategic partnerships must be encompassed within an active commitment to promoting multilateralism, given that this is the dimension most consistent with respect for the universal rule of law, the specific nature of the EU and the growing interdependence which characterises globalisation;

| 81. | Reiterates that the EU fully respects the provisions and principles of the United Nations Charter and recognises that the primary responsibility for the maintenance of international peace and security in the world lies with the UN Security Council; |
| --- | --- |

81.

Reiterates that the EU fully respects the provisions and principles of the United Nations Charter and recognises that the primary responsibility for the maintenance of international peace and security in the world lies with the UN Security Council;

| 82. | Notes that the Lisbon Treaty imposes an obligation on the EU to promote multilateral solutions, in particular within the UN, and that EU international action must be based on the principles of the UN Charter; international law and EU principles and values; |
| --- | --- |

82.

Notes that the Lisbon Treaty imposes an obligation on the EU to promote multilateral solutions, in particular within the UN, and that EU international action must be based on the principles of the UN Charter; international law and EU principles and values;

| 83. | Acknowledges that, from a legal point of view, the Lisbon Treaty has overcome the previous dichotomy between Union and Community policies by conferring a unique legal personality and by strengthening the autonomy of the EU legal order vis-à-vis international law, even when international security is at stake, as already stated by the Court of Justice case law in the Kadi case (according to which ‘international law can permeate the EU legal order only under the conditions set by the constitutional principles of the Community’); |
| --- | --- |

83.

Acknowledges that, from a legal point of view, the Lisbon Treaty has overcome the previous dichotomy between Union and Community policies by conferring a unique legal personality and by strengthening the autonomy of the EU legal order vis-à-vis international law, even when international security is at stake, as already stated by the Court of Justice case law in the Kadi case (according to which ‘international law can permeate the EU legal order only under the conditions set by the constitutional principles of the Community’);

| 84. | Calls on those Member States which have seats on the UN Security Council to defend common positions and interests of the EU and to work towards a reform of the UN whereby the EU as such could have its own permanent seat; |
| --- | --- |

84.

Calls on those Member States which have seats on the UN Security Council to defend common positions and interests of the EU and to work towards a reform of the UN whereby the EU as such could have its own permanent seat;

| 85. | Stresses the need to strengthen the cooperation between the EU and UN in the area of crisis management, notably during the early stages of a crisis and post-conflict reconstruction, in close connection with the appropriate structures of the newly established EEAS; |
| --- | --- |

85.

Stresses the need to strengthen the cooperation between the EU and UN in the area of crisis management, notably during the early stages of a crisis and post-conflict reconstruction, in close connection with the appropriate structures of the newly established EEAS;

| 86. | Calls on the Member States to take the necessary steps in order to streamline the EU's effective participation in the meetings of the UN General Assembly; |
| --- | --- |

86.

Calls on the Member States to take the necessary steps in order to streamline the EU's effective participation in the meetings of the UN General Assembly;

| 87. | Recognises that NATO constitutes the foundation of collective defence for those Member States which belong to it and reaches beyond its Member States; recalls the need for constructive cooperation between the EU and NATO, particularly where the two organisations are active in the same theatres of operations; looks forward to the proposals of the High Representative as tasked by the European Council conclusions of September 2010 referring to EU-NATO cooperation in crisis management; |
| --- | --- |

87.

Recognises that NATO constitutes the foundation of collective defence for those Member States which belong to it and reaches beyond its Member States; recalls the need for constructive cooperation between the EU and NATO, particularly where the two organisations are active in the same theatres of operations; looks forward to the proposals of the High Representative as tasked by the European Council conclusions of September 2010 referring to EU-NATO cooperation in crisis management;

| 88. | Welcomes the agreement in NATO's new strategic concept on further strengthening the EU-NATO strategic partnership; reaffirms that most of the threats identified in the new strategic concept are also shared by the EU and stresses the importance of enhancing EU-NATO cooperation in crisis management in the spirit of mutual reinforcement and with respect for their decision-making autonomy; draws attention to the necessity of avoiding unnecessary overlapping of effort and resources and invites the EU and NATO to deepen their cooperation, through their respective means, in the context of a comprehensive approach to crises in which both are engaged in the field; urges NATO to strictly limit the development of a civilian capability in order to avoid duplication; |
| --- | --- |

88.

Welcomes the agreement in NATO's new strategic concept on further strengthening the EU-NATO strategic partnership; reaffirms that most of the threats identified in the new strategic concept are also shared by the EU and stresses the importance of enhancing EU-NATO cooperation in crisis management in the spirit of mutual reinforcement and with respect for their decision-making autonomy; draws attention to the necessity of avoiding unnecessary overlapping of effort and resources and invites the EU and NATO to deepen their cooperation, through their respective means, in the context of a comprehensive approach to crises in which both are engaged in the field; urges NATO to strictly limit the development of a civilian capability in order to avoid duplication;

| 89. | Points to the fundamental importance of the African continent for the EU's security and for peacekeeping and conflict prevention; supports close cooperation between the EU and the African Union within the Peace and Security Partnership in conjunction with the Africa-EU Joint Strategy; favours greater involvement and responsibility of the African Union, especially where crisis management is concerned, and reaffirms the need for the Commission and the Member States to play their part by taking practical measures to combat trafficking in, and the spread of, light weapons and small arms; endorses the pledge in the Tripoli Declaration to make the African peace and security architecture fully operational; |
| --- | --- |

89.

Points to the fundamental importance of the African continent for the EU's security and for peacekeeping and conflict prevention; supports close cooperation between the EU and the African Union within the Peace and Security Partnership in conjunction with the Africa-EU Joint Strategy; favours greater involvement and responsibility of the African Union, especially where crisis management is concerned, and reaffirms the need for the Commission and the Member States to play their part by taking practical measures to combat trafficking in, and the spread of, light weapons and small arms; endorses the pledge in the Tripoli Declaration to make the African peace and security architecture fully operational;

| 90. | Recommends in particular that African early warning and conflict prevention capabilities be developed, that the ‘panel of the wise’ be placed in a more effective position to mediate, and that ways be studied of giving effect to the recommendations in the Prodi report on the financing of African peacekeeping operations; urges that relations be pursued on a collaborative basis and that the capabilities of African sub-regional organisations be enhanced; |
| --- | --- |

90.

Recommends in particular that African early warning and conflict prevention capabilities be developed, that the ‘panel of the wise’ be placed in a more effective position to mediate, and that ways be studied of giving effect to the recommendations in the Prodi report on the financing of African peacekeeping operations; urges that relations be pursued on a collaborative basis and that the capabilities of African sub-regional organisations be enhanced;

| 91. | Recalls that, in addition to partnerships with other international organisations such as the UN, NATO and the AU, cooperation with individual third countries should be enhanced in the context of the CSDP; notes that experience shows that third countries can bring important assets, human resources and expertise to CSDP missions, such as in the context of EUFOR Chad/CAR, for which Russia provided much-needed helicopters, and EUFOR Althea, to which countries like Turkey and Morocco contributed substantial contingents of troops; believes, furthermore, that the involvement of third countries can enhance the legitimacy of CSDP operations and help set up a broader security dialogue with important partners while remaining committed to promoting respect for human rights and the rule of law; |
| --- | --- |

91.

Recalls that, in addition to partnerships with other international organisations such as the UN, NATO and the AU, cooperation with individual third countries should be enhanced in the context of the CSDP; notes that experience shows that third countries can bring important assets, human resources and expertise to CSDP missions, such as in the context of EUFOR Chad/CAR, for which Russia provided much-needed helicopters, and EUFOR Althea, to which countries like Turkey and Morocco contributed substantial contingents of troops; believes, furthermore, that the involvement of third countries can enhance the legitimacy of CSDP operations and help set up a broader security dialogue with important partners while remaining committed to promoting respect for human rights and the rule of law;

| 92. | Considers that such a dialogue should address respective threat assessment, involve (where relevant) the participation of third countries in EU exercises and training activities and lead to closer mutual engagement across the board; believes that procedural obstacles should be tackled in order to facilitate cooperation with third countries and avoid the delays that negotiating each specific contribution may entail; takes the view that framework agreements and standard procedures could be established, to this end, with some third countries to facilitate their contribution; |
| --- | --- |

92.

Considers that such a dialogue should address respective threat assessment, involve (where relevant) the participation of third countries in EU exercises and training activities and lead to closer mutual engagement across the board; believes that procedural obstacles should be tackled in order to facilitate cooperation with third countries and avoid the delays that negotiating each specific contribution may entail; takes the view that framework agreements and standard procedures could be established, to this end, with some third countries to facilitate their contribution;

| 93. | Underlines the importance of cooperation on CSDP with the EU’s neighbours, which should be regionally balanced and provide a broad range of opportunities that would catalyse security sector reforms in the partner states and would not only help generate civilian and military capabilities to enable the EU’s Eastern and Southern partners to participate in CSDP missions but also give it stronger support in managing regional security; |
| --- | --- |

93.

Underlines the importance of cooperation on CSDP with the EU’s neighbours, which should be regionally balanced and provide a broad range of opportunities that would catalyse security sector reforms in the partner states and would not only help generate civilian and military capabilities to enable the EU’s Eastern and Southern partners to participate in CSDP missions but also give it stronger support in managing regional security;

*

* *

| 94. | Instructs its President to forward this resolution to the European Council, the Vice-President/High Representative, the Council, the Commission, the parliaments of the Member States, the NATO Parliamentary Assembly and the Secretaries-General of the United Nations and NATO. |
| --- | --- |

94.

Instructs its President to forward this resolution to the European Council, the Vice-President/High Representative, the Council, the Commission, the parliaments of the Member States, the NATO Parliamentary Assembly and the Secretaries-General of the United Nations and NATO.

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(1)  OJ L 201, 3.8.2010, p. 30.

(2)  Texts adopted, P7_TA(2010)0419.

(3)  OJ C 349E, 22.12.2010, p. 63.

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| 7.12.2012 | EN | Official Journal of the European Union | CE 377/66 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/66

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Wednesday 11 May 2011The EU as a global actor: its role in multilateral organisations

P7_TA(2011)0229

European Parliament resolution of 11 May 2011 on the EU as a global actor: its role in multilateral organisations (2010/2298(INI))

2012/C 377 E/08

The European Parliament,

| — | having regard to the Opinion of the European Economic and Social Committee entitled ‘For a new Governance of International Organisations’ (1), |
| --- | --- |

—

having regard to the Opinion of the European Economic and Social Committee entitled ‘For a new Governance of International Organisations’ (1),

| — | having regard to the principle of sincere cooperation between the Union and the Member States, expressed in Article 4 (3) of the Treaty on European Union, |
| --- | --- |

—

having regard to the principle of sincere cooperation between the Union and the Member States, expressed in Article 4 (3) of the Treaty on European Union,

| — | having regard to Article 21(1) and (2)(h) of the Treaty on European Union, which call on the Union to promote multilateral solutions to common problems, in particular in the framework of the United Nations, and to achieve a high degree of cooperation to promote an international system based on stronger multilateral cooperation and good global governance, |
| --- | --- |

—

having regard to Article 21(1) and (2)(h) of the Treaty on European Union, which call on the Union to promote multilateral solutions to common problems, in particular in the framework of the United Nations, and to achieve a high degree of cooperation to promote an international system based on stronger multilateral cooperation and good global governance,

| — | having regard to the UNGA resolution on participation of the European Union in the work of the United Nations (2) adopted on 3 May 2011, |
| --- | --- |

—

having regard to the UNGA resolution on participation of the European Union in the work of the United Nations (2) adopted on 3 May 2011,

| — | having regard to the EU priorities for the 65th United Nations General Assembly adopted by the Council on 25 May 2010 (3), |
| --- | --- |

—

having regard to the EU priorities for the 65th United Nations General Assembly adopted by the Council on 25 May 2010 (3),

| — | having regard to the internal arrangements set out by the European Council of September 2010 to improve the European Union’s external policy through a more integrated approach (4), |
| --- | --- |

—

having regard to the internal arrangements set out by the European Council of September 2010 to improve the European Union’s external policy through a more integrated approach (4),

| — | having regard to the European Security Strategy (ESS) entitled ‘A secure Europe in a better world’, adopted by the European Council on 12 December 2003, and its implementation report by the Council entitled ‘Providing Security in a Changing World‘ of 12 December 2008, |
| --- | --- |

—

having regard to the European Security Strategy (ESS) entitled ‘A secure Europe in a better world’, adopted by the European Council on 12 December 2003, and its implementation report by the Council entitled ‘Providing Security in a Changing World‘ of 12 December 2008,

| — | having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘The European Union and the United Nations: The Choice of Multilateralism’ (COM(2003)0526), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘The European Union and the United Nations: The Choice of Multilateralism’ (COM(2003)0526),

| — | having regard to its resolution of 11 November 2010 on strengthening the OSCE – a role for the EU (5), |
| --- | --- |

—

having regard to its resolution of 11 November 2010 on strengthening the OSCE – a role for the EU (5),

| — | having regard to its resolution of 20 October 2010 with recommendations to the Commission on improving the economic governance and stability framework of the Union, in particular in the euro area (6), |
| --- | --- |

—

having regard to its resolution of 20 October 2010 with recommendations to the Commission on improving the economic governance and stability framework of the Union, in particular in the euro area (6),

| — | having regard to its resolution of 19 May 2010 on the institutional aspects of the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms (7), |
| --- | --- |

—

having regard to its resolution of 19 May 2010 on the institutional aspects of the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms (7),

| — | having regard to its recommendation of 25 March 2010 to the Council on the 65th Session of the United Nations General Assembly (8), |
| --- | --- |

—

having regard to its recommendation of 25 March 2010 to the Council on the 65th Session of the United Nations General Assembly (8),

| — | having regard to its resolution of 19 February 2009 on the role of NATO in the security architecture of the EU (9), |
| --- | --- |

—

having regard to its resolution of 19 February 2009 on the role of NATO in the security architecture of the EU (9),

| — | having regard to its resolution of 14 March 2006 on the strategic review of the International Monetary Fund (10), |
| --- | --- |

—

having regard to its resolution of 14 March 2006 on the strategic review of the International Monetary Fund (10),

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on International Trade (A7-0181/2011), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on International Trade (A7-0181/2011),

| A. | whereas the processes of globalisation carry a wide range of opportunities, challenges and threats for global governance whilst revealing social loopholes and failures, including in financial markets, energy security, the fight against poverty, climate change policy and the violation of human rights; whereas global challenges and threats require worldwide cooperation and collective action to tackle them, as well as effective institutions and legitimate rules; whereas, if international organisations are to be legitimate and effective, they will have to reflect the interests of all states in the multipolar world, |
| --- | --- |

A.

whereas the processes of globalisation carry a wide range of opportunities, challenges and threats for global governance whilst revealing social loopholes and failures, including in financial markets, energy security, the fight against poverty, climate change policy and the violation of human rights; whereas global challenges and threats require worldwide cooperation and collective action to tackle them, as well as effective institutions and legitimate rules; whereas, if international organisations are to be legitimate and effective, they will have to reflect the interests of all states in the multipolar world,

| B. | whereas the EU’s commitment to effective multilateralism, as stated in the European Security Strategy of 2003, is the guiding principle of European external action; whereas the EU – drawing on its internal experience with cooperation among nations and institutions, rules-based order and multi-scale multilateralism – has a special global responsibility that it should continue to uphold; whereas the EU is equipped with the set of values – e.g. respect for human rights, freedom, democracy, equality, fraternity and the rule of law – and policy tools, including a single legal personality, needed to strengthen multilateral structures, |
| --- | --- |

B.

whereas the EU’s commitment to effective multilateralism, as stated in the European Security Strategy of 2003, is the guiding principle of European external action; whereas the EU – drawing on its internal experience with cooperation among nations and institutions, rules-based order and multi-scale multilateralism – has a special global responsibility that it should continue to uphold; whereas the EU is equipped with the set of values – e.g. respect for human rights, freedom, democracy, equality, fraternity and the rule of law – and policy tools, including a single legal personality, needed to strengthen multilateral structures,

| C. | whereas the added value of EU membership in multilateral organisations lies in the fields where it has exclusive or shared competences: economic and trade matters, environmental policy, development aid, and security and defence policy: whereas the EU can also have an added value in those multilateral organisations or summits in which not all of its members are represented, |
| --- | --- |

C.

whereas the added value of EU membership in multilateral organisations lies in the fields where it has exclusive or shared competences: economic and trade matters, environmental policy, development aid, and security and defence policy: whereas the EU can also have an added value in those multilateral organisations or summits in which not all of its members are represented,

| D. | whereas the Treaty of Lisbon, by introducing the Union’s legal personality, enhances the EU’s capacity to join various international organisations, entrusts it with a wider range of competences in its external action, provides, notably by the creation of the post of a Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) and the European External Action Service (EEAS), the Union with an opportunity for a clearer and stronger single voice in the world, as well as encouraging all types of mutually beneficial cooperation with relevant international and regional organisations and groups of states, and whereas it enables the Union to organise itself in such a way as to be able to become an effective global player, |
| --- | --- |

D.

whereas the Treaty of Lisbon, by introducing the Union’s legal personality, enhances the EU’s capacity to join various international organisations, entrusts it with a wider range of competences in its external action, provides, notably by the creation of the post of a Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) and the European External Action Service (EEAS), the Union with an opportunity for a clearer and stronger single voice in the world, as well as encouraging all types of mutually beneficial cooperation with relevant international and regional organisations and groups of states, and whereas it enables the Union to organise itself in such a way as to be able to become an effective global player,

| E. | whereas the Union, under Article 21.2.h. TEU, is to promote an international system based on stronger multilateral cooperation and good global governance and whereas the EU Member States, on the basis of Article 32 TEU, are to ensure, through the convergence of their actions, that the Union is able to assert its interests and values on the international scene; whereas the EU’s commitment to becoming a global actor requires the capacity and the will to propose thoroughgoing reforms of the multilateral organisations and fora, |
| --- | --- |

E.

whereas the Union, under Article 21.2.h. TEU, is to promote an international system based on stronger multilateral cooperation and good global governance and whereas the EU Member States, on the basis of Article 32 TEU, are to ensure, through the convergence of their actions, that the Union is able to assert its interests and values on the international scene; whereas the EU’s commitment to becoming a global actor requires the capacity and the will to propose thoroughgoing reforms of the multilateral organisations and fora,

| F. | whereas new permanent structures were created by the Treaty of Lisbon for the EU’s external representation, providing for the new EU representatives to take over functions previously carried out by the rotating Presidency of the EU and whereas the creation of the EEAS provides an opportunity to exercise efficient multilateral diplomacy, |
| --- | --- |

F.

whereas new permanent structures were created by the Treaty of Lisbon for the EU’s external representation, providing for the new EU representatives to take over functions previously carried out by the rotating Presidency of the EU and whereas the creation of the EEAS provides an opportunity to exercise efficient multilateral diplomacy,

| G. | whereas the representation of the EU and its Member States in multilateral organisations, informal summits and international regimes is fragmented, often ineffective, and still varies considerably; whereas the Union’s external representation has developed in a dispersed, inconsistent and rather ad hoc manner; whereas a highly fragmented external representation is likely to undermine the EU’s message and commitment to effective multilateralism and global governance, and whereas weak EU competences and ineffective coordination mechanisms may prevent the EU from speaking with a single voice in the international arena, thereby limiting its decisiveness and undermining its credibility; whereas the maximisation of the Treaty’s full potential in the international sphere will require strong political will and flexibility on the part of the Member States concerning their representation, and whereas the EU’s status in international organisations often lags behind the development of the EU’s competences, |
| --- | --- |

G.

whereas the representation of the EU and its Member States in multilateral organisations, informal summits and international regimes is fragmented, often ineffective, and still varies considerably; whereas the Union’s external representation has developed in a dispersed, inconsistent and rather ad hoc manner; whereas a highly fragmented external representation is likely to undermine the EU’s message and commitment to effective multilateralism and global governance, and whereas weak EU competences and ineffective coordination mechanisms may prevent the EU from speaking with a single voice in the international arena, thereby limiting its decisiveness and undermining its credibility; whereas the maximisation of the Treaty’s full potential in the international sphere will require strong political will and flexibility on the part of the Member States concerning their representation, and whereas the EU’s status in international organisations often lags behind the development of the EU’s competences,

| H. | whereas the EU’s external representation on the multilateral scene ranges from instances where all Member States are full members and the EU is an observer (e.g. IMFC, Development Committee, Council of Europe), via cases where all Member States plus the EU are full members (e.g. FAO, WTO) or full participants (e.g. G-8/G-20), to organisations in which some EU Member States act as full members and the EU has no status at all (UN Security Council, some international financial institutions (IFIs)); whereas the most complex situations arise where the EU and its Member States have shared competences, or combine exclusive and shared competences, |
| --- | --- |

H.

whereas the EU’s external representation on the multilateral scene ranges from instances where all Member States are full members and the EU is an observer (e.g. IMFC, Development Committee, Council of Europe), via cases where all Member States plus the EU are full members (e.g. FAO, WTO) or full participants (e.g. G-8/G-20), to organisations in which some EU Member States act as full members and the EU has no status at all (UN Security Council, some international financial institutions (IFIs)); whereas the most complex situations arise where the EU and its Member States have shared competences, or combine exclusive and shared competences,

| I. | whereas the global financial crisis has accelerated the shift of relative economic weight from advanced economies to emerging markets, and whereas against this background the EU will only have a strong and effective voice in the world if it delivers a single message, |
| --- | --- |

I.

whereas the global financial crisis has accelerated the shift of relative economic weight from advanced economies to emerging markets, and whereas against this background the EU will only have a strong and effective voice in the world if it delivers a single message,

| J. | whereas the EU Member States are prioritising the reform and strengthening of the UN in order to provide a more equitable geographical representation, to reflect today’s shifting geopolitical realities in the membership of the Security Council, and to make it capable of fulfilling its responsibilities and acting effectively in providing solutions to global challenges and responding to key threats; whereas the EU provides more than one third of the UN regular budget, more than two fifths of UN peace operations, and about half of all contributions to UN funds and programmes, and whereas its financial commitment should therefore be consistent with its political weight, |
| --- | --- |

J.

whereas the EU Member States are prioritising the reform and strengthening of the UN in order to provide a more equitable geographical representation, to reflect today’s shifting geopolitical realities in the membership of the Security Council, and to make it capable of fulfilling its responsibilities and acting effectively in providing solutions to global challenges and responding to key threats; whereas the EU provides more than one third of the UN regular budget, more than two fifths of UN peace operations, and about half of all contributions to UN funds and programmes, and whereas its financial commitment should therefore be consistent with its political weight,

| K. | whereas institutional mechanisms such as ever closer and more effective coordination between the EU Member States can be seen as a way to the objective of joint external representation of the EU and its Member States, and whereas consultations between national parliaments and the European Parliament in the areas of CFSP/CSDP could become a catalyst in this process, |
| --- | --- |

K.

whereas institutional mechanisms such as ever closer and more effective coordination between the EU Member States can be seen as a way to the objective of joint external representation of the EU and its Member States, and whereas consultations between national parliaments and the European Parliament in the areas of CFSP/CSDP could become a catalyst in this process,

| L. | whereas the 2010 voice and quota reform in the International Monetary Fund and the World Bank resulted in an increase in the voice and representation of emerging markets and developing countries in the IFIs, which was facilitated by European contributions, whereas the role played by the EU – notwithstanding the size of its contribution to the capital of those institutions – does not entirely correspond to its weight in the world economy and in world trade, and whereas the current set-up of external representation carries high transaction and coordination costs, |
| --- | --- |

L.

whereas the 2010 voice and quota reform in the International Monetary Fund and the World Bank resulted in an increase in the voice and representation of emerging markets and developing countries in the IFIs, which was facilitated by European contributions, whereas the role played by the EU – notwithstanding the size of its contribution to the capital of those institutions – does not entirely correspond to its weight in the world economy and in world trade, and whereas the current set-up of external representation carries high transaction and coordination costs,

| M. | whereas the EU and NATO’s common objective of achieving a ‘strategic partnership’ should allow for effective synergies and greater maximisation of the assets of both organisations and ensure effective cooperation; whereas the EU and NATO should ensure efficient crisis management in order to identify the best possible response to a crisis, acting in a truly coordinated manner and making the most of the expertise and resources of both organisations, in line with the conclusions of the 1999 NATO Washington Summit, the 2002 Nice European Council, the EU-NATO Joint Declaration of 16 December 2002, and taking into consideration the outcome of the NATO Lisbon Summit of November 2010, |
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M.

whereas the EU and NATO’s common objective of achieving a ‘strategic partnership’ should allow for effective synergies and greater maximisation of the assets of both organisations and ensure effective cooperation; whereas the EU and NATO should ensure efficient crisis management in order to identify the best possible response to a crisis, acting in a truly coordinated manner and making the most of the expertise and resources of both organisations, in line with the conclusions of the 1999 NATO Washington Summit, the 2002 Nice European Council, the EU-NATO Joint Declaration of 16 December 2002, and taking into consideration the outcome of the NATO Lisbon Summit of November 2010,

| N. | whereas international summit diplomacy should strengthen its potential to stimulate broader multilateral cooperation, with a view to building global security through the achievement of the Millennium Development Goals and the enhancement of human security, |
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N.

whereas international summit diplomacy should strengthen its potential to stimulate broader multilateral cooperation, with a view to building global security through the achievement of the Millennium Development Goals and the enhancement of human security,

| O. | whereas the ongoing dramatic demographic changes, both in and outside the EU, will have consequences for multilateralism, as new realities are creating pressure to call for the adjustment of membership, seats and voting rights in multilateral organisations; whereas, accordingly, the EU, in the context of rebalancing its representation, which will inevitably have a substantial effect on EU countries, should request – by making full use of its diplomatic instruments – a commitment from the emerging economies to constructive and transparent behaviour in the evolving multilateral system, namely in the areas of sustainable development, the eradication of poverty, the fight against terrorism and international organised crime and climate change; whereas the EU’s participation in emerging structures for global governance and the negotiation of new rules and principles will require compromises with those countries and new actors pushing for their voices to be heard on the international scene, |
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O.

whereas the ongoing dramatic demographic changes, both in and outside the EU, will have consequences for multilateralism, as new realities are creating pressure to call for the adjustment of membership, seats and voting rights in multilateral organisations; whereas, accordingly, the EU, in the context of rebalancing its representation, which will inevitably have a substantial effect on EU countries, should request – by making full use of its diplomatic instruments – a commitment from the emerging economies to constructive and transparent behaviour in the evolving multilateral system, namely in the areas of sustainable development, the eradication of poverty, the fight against terrorism and international organised crime and climate change; whereas the EU’s participation in emerging structures for global governance and the negotiation of new rules and principles will require compromises with those countries and new actors pushing for their voices to be heard on the international scene,

| P. | whereas the promotion of democracy and human rights, specifically women’s and children’s rights and freedom of expression, the rule of law, strengthening of security, democratic stability, prosperity, and a fair distribution of income, wealth and opportunities in society should be at the core of all EU external action; whereas a further strengthening of the international criminal justice system, to promote accountability and put an end to impunity, and the promotion of the important work of the International Criminal Court (ICC) as the only permanent and independent judicial institution, should be an integral part of all EU external action, |
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P.

whereas the promotion of democracy and human rights, specifically women’s and children’s rights and freedom of expression, the rule of law, strengthening of security, democratic stability, prosperity, and a fair distribution of income, wealth and opportunities in society should be at the core of all EU external action; whereas a further strengthening of the international criminal justice system, to promote accountability and put an end to impunity, and the promotion of the important work of the International Criminal Court (ICC) as the only permanent and independent judicial institution, should be an integral part of all EU external action,

Reinforcing the role of the EU in the multilateral system

| 1. | Notes that the EU’s mechanisms for building consensus and taking concerted action make it a model for a rules-based international order and therefore stresses the need for the EU to cooperate with leading regional powers and actively participate in the building and improvement of an international environment that enables the EU to promote, as required by the Treaty, its values and interests; in particular in those fields where it has exclusive or shared competences, considers essential, with regard to the EU’s aspiration and need to be an effective global actor and to safeguard its position, a strengthening of the internal coordination necessary to speak with one voice, the ability to shape multilateral cooperation and lead collective action in addressing international challenges, namely those arising from the responsibility to protect, and the need to enhance human security as a means of achieving global security; |
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1.

Notes that the EU’s mechanisms for building consensus and taking concerted action make it a model for a rules-based international order and therefore stresses the need for the EU to cooperate with leading regional powers and actively participate in the building and improvement of an international environment that enables the EU to promote, as required by the Treaty, its values and interests; in particular in those fields where it has exclusive or shared competences, considers essential, with regard to the EU’s aspiration and need to be an effective global actor and to safeguard its position, a strengthening of the internal coordination necessary to speak with one voice, the ability to shape multilateral cooperation and lead collective action in addressing international challenges, namely those arising from the responsibility to protect, and the need to enhance human security as a means of achieving global security;

| 2. | Underlines the sharp increase in political and humanitarian crises in the world, which calls for improved and more preventive EU multilateral action; highlights, therefore, the need for the EU to seize the moment and make better use of its foreign policy instruments so as to ensure better use of its leverage in multilateral organisations and to take the lead in addressing current and future international crises more effectively; |
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2.

Underlines the sharp increase in political and humanitarian crises in the world, which calls for improved and more preventive EU multilateral action; highlights, therefore, the need for the EU to seize the moment and make better use of its foreign policy instruments so as to ensure better use of its leverage in multilateral organisations and to take the lead in addressing current and future international crises more effectively;

| 3. | Believes there is a need to further involve non-state actors in multilateral policy-making, to promote and facilitate improved consultation of civil society organisations and social partners in the future governance structures of international organisations; recognises their expertise, resources and outreach as key to enhancing the legitimacy and effectiveness of multilateral cooperation; recalls that a bottom-up approach is needed to address crisis situations; |
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3.

Believes there is a need to further involve non-state actors in multilateral policy-making, to promote and facilitate improved consultation of civil society organisations and social partners in the future governance structures of international organisations; recognises their expertise, resources and outreach as key to enhancing the legitimacy and effectiveness of multilateral cooperation; recalls that a bottom-up approach is needed to address crisis situations;

| 4. | Stresses that the EU – by enhancing cooperation, improving institutions and engaging all stakeholders – should play an active and leading role in global governance reform to make international institutions and organisations more legitimate, effective and conducive to shared responsibility, while strengthening its position, pursuing its objectives and priorities and promoting its principles, values and interests to shape this process; insists that the VP/HR and the Commission should, in close cooperation with the European Parliament, periodically evaluate their contribution to global governance reform and how reforms can be beneficial to the EU in identifying and establishing a stronger role for itself; |
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4.

Stresses that the EU – by enhancing cooperation, improving institutions and engaging all stakeholders – should play an active and leading role in global governance reform to make international institutions and organisations more legitimate, effective and conducive to shared responsibility, while strengthening its position, pursuing its objectives and priorities and promoting its principles, values and interests to shape this process; insists that the VP/HR and the Commission should, in close cooperation with the European Parliament, periodically evaluate their contribution to global governance reform and how reforms can be beneficial to the EU in identifying and establishing a stronger role for itself;

| 5. | Takes the view that EU Member States should increasingly consider and rely on the EU as a multiplier of power in achieving the objectives they cannot achieve independently, and that speaking with one EU voice not only increases the chances of success but also improves the legitimacy and credibility of the EU as an important international actor in the emerging interpolar world; |
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5.

Takes the view that EU Member States should increasingly consider and rely on the EU as a multiplier of power in achieving the objectives they cannot achieve independently, and that speaking with one EU voice not only increases the chances of success but also improves the legitimacy and credibility of the EU as an important international actor in the emerging interpolar world;

| 6. | Underlines the need to apply a strategic approach and a coherent rationale in external representation by developing a tailored EU strategy vis-à-vis each multilateral organisation aimed at enhancing the EU’s role and strengthening of its position; asks the VP/HR and the Commission to draw up a White Paper on the role of the EU in multilateral organisations which proposes a comprehensive and strategic approach both for the short run and the medium-term future through to 2020; |
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6.

Underlines the need to apply a strategic approach and a coherent rationale in external representation by developing a tailored EU strategy vis-à-vis each multilateral organisation aimed at enhancing the EU’s role and strengthening of its position; asks the VP/HR and the Commission to draw up a White Paper on the role of the EU in multilateral organisations which proposes a comprehensive and strategic approach both for the short run and the medium-term future through to 2020;

| 7. | Recalls that the role of the VP/HR is to represent, and be the voice of, European Union diplomacy and that for this reason her position must be affirmed in multilateral organisations; |
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7.

Recalls that the role of the VP/HR is to represent, and be the voice of, European Union diplomacy and that for this reason her position must be affirmed in multilateral organisations;

| 8. | Calls on the EU and its Member States to systematically and strategically review the present arrangements for the role and institutional representation of the Union in multilateral organisations and to find ways in which the external representation of the EU can be progressively strengthened in line with the extent of its competences and the institutional innovations of the Treaty of Lisbon, with the striking of new balances between the EU institutions and its Member States; in addition, urges the EU and its Member States to identify the bodies where the status quo arrangements are obsolete, anomalous or inefficient, and deserve reconsideration and change; therefore emphasises the need for more consistency regarding the different types of the EU’s status in multilateral organisations and treaty schemes as a matter of institutional logic, and calls upon the Council to draft a clear framework; |
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8.

Calls on the EU and its Member States to systematically and strategically review the present arrangements for the role and institutional representation of the Union in multilateral organisations and to find ways in which the external representation of the EU can be progressively strengthened in line with the extent of its competences and the institutional innovations of the Treaty of Lisbon, with the striking of new balances between the EU institutions and its Member States; in addition, urges the EU and its Member States to identify the bodies where the status quo arrangements are obsolete, anomalous or inefficient, and deserve reconsideration and change; therefore emphasises the need for more consistency regarding the different types of the EU’s status in multilateral organisations and treaty schemes as a matter of institutional logic, and calls upon the Council to draft a clear framework;

| 9. | Considers that in the current times of fiscal austerity and budget cuts European cooperation is not an option but a necessity; welcomes economies of scale aimed at upgrading, rationalising and concentrating Member States’ collective diplomacy through the EEAS, the Commission and EU Delegations with the objective of eliminating unnecessary procedural complications and expensive duplication of presences in many international fora; considers it essential, in this regard, to gain support for this endeavour from other members of multilateral organisations, which requires careful preparation; |
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9.

Considers that in the current times of fiscal austerity and budget cuts European cooperation is not an option but a necessity; welcomes economies of scale aimed at upgrading, rationalising and concentrating Member States’ collective diplomacy through the EEAS, the Commission and EU Delegations with the objective of eliminating unnecessary procedural complications and expensive duplication of presences in many international fora; considers it essential, in this regard, to gain support for this endeavour from other members of multilateral organisations, which requires careful preparation;

| 10. | Takes the view that, as a general rule and in the spirit of the Lisbon Treaty, in cases of exclusive competences the EU should be the pre-eminent actor with full membership of the given multilateral organisation while its Member States may also – but need not necessarily – be present as members, but usually without an independent role; takes the view that, if Member States keep their national representation in organisations where the EU enjoys exclusive competences, they should support the position expressed by the EU speaking on their behalf; takes the view, furthermore, that where shared Union competences prevail the norm should be for the EU and its Member States both to be members, while avoiding different voting behaviours by the EU and individual Member States; |
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10.

Takes the view that, as a general rule and in the spirit of the Lisbon Treaty, in cases of exclusive competences the EU should be the pre-eminent actor with full membership of the given multilateral organisation while its Member States may also – but need not necessarily – be present as members, but usually without an independent role; takes the view that, if Member States keep their national representation in organisations where the EU enjoys exclusive competences, they should support the position expressed by the EU speaking on their behalf; takes the view, furthermore, that where shared Union competences prevail the norm should be for the EU and its Member States both to be members, while avoiding different voting behaviours by the EU and individual Member States;

| 11. | Stresses the need, in light of EU Member States’ delayed and disjointed reaction to the political turmoil spreading through North Africa and the Middle East, to make better use of the institutional innovations of the Lisbon Treaty in order to act in a more rapid and coherent manner; in addition, highlights the need for the EU to improve its conflict prevention and crisis management skills in order to proactively address future crises; |
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11.

Stresses the need, in light of EU Member States’ delayed and disjointed reaction to the political turmoil spreading through North Africa and the Middle East, to make better use of the institutional innovations of the Lisbon Treaty in order to act in a more rapid and coherent manner; in addition, highlights the need for the EU to improve its conflict prevention and crisis management skills in order to proactively address future crises;

| 12. | Acknowledges the key role of the EU in the ATALANTA anti-piracy mission, where the EU naval force is taking a leading role in a multilateral context by supporting the African Union mission (AMISOM) and through in-theatre coordination with NATO and national navies; |
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12.

Acknowledges the key role of the EU in the ATALANTA anti-piracy mission, where the EU naval force is taking a leading role in a multilateral context by supporting the African Union mission (AMISOM) and through in-theatre coordination with NATO and national navies;

| 13. | Points out that EU Delegations servicing clusters of international organisations, i.e. in New York, Geneva, Paris, Rome, Vienna and Nairobi, need particularly substantial reinforcement in terms of skilled human resources, without prejudice to other EU Delegations, in order to successfully and efficiently represent EU interests; emphasises, at the same time, the need for complementary resources to be provided at EEAS headquarters, particularly in its crisis-management structures and in DG Global and Multilateral Issues; |
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13.

Points out that EU Delegations servicing clusters of international organisations, i.e. in New York, Geneva, Paris, Rome, Vienna and Nairobi, need particularly substantial reinforcement in terms of skilled human resources, without prejudice to other EU Delegations, in order to successfully and efficiently represent EU interests; emphasises, at the same time, the need for complementary resources to be provided at EEAS headquarters, particularly in its crisis-management structures and in DG Global and Multilateral Issues;

The EU’s role in the UN system

| 14. | Calls on the EU and its Member States, given that the UN is the only international organisation in which all the world’s states are represented and the primary forum within which effective multilateralism can be achieved and enforced, to seek to enhance the EU’s role and capacity within this global multilateral framework; underlines the need for the EU to translate into action its strategic support for the UN, particularly as regards its policy and means of action in the humanitarian field (crisis and emergency response, development aid, action to combat poverty, mobilisation of emergency relief and resources to deal with natural disasters) and in the area of conflict resolution; calls on the EU to take a consistent stand to urge reinforcement of the United Nations’ civilian instruments and strict compliance with, and application of, international law by all states, groups of states and multilateral partners; |
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14.

Calls on the EU and its Member States, given that the UN is the only international organisation in which all the world’s states are represented and the primary forum within which effective multilateralism can be achieved and enforced, to seek to enhance the EU’s role and capacity within this global multilateral framework; underlines the need for the EU to translate into action its strategic support for the UN, particularly as regards its policy and means of action in the humanitarian field (crisis and emergency response, development aid, action to combat poverty, mobilisation of emergency relief and resources to deal with natural disasters) and in the area of conflict resolution; calls on the EU to take a consistent stand to urge reinforcement of the United Nations’ civilian instruments and strict compliance with, and application of, international law by all states, groups of states and multilateral partners;

| 15. | Calls on the EU and its Member States, given that in several UN programmes and conferences (UNDP, UNCTAD, OHCHR, UNHRC) the EU is a mere observer, despite being an important financial contributor and having major policy interests, to seek solutions to this discrepancy; |
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15.

Calls on the EU and its Member States, given that in several UN programmes and conferences (UNDP, UNCTAD, OHCHR, UNHRC) the EU is a mere observer, despite being an important financial contributor and having major policy interests, to seek solutions to this discrepancy;

| 16. | Insists on the need to strike a new institutional balance between the emerging role of the G-20, the UN and its agencies as well as the IFIs; in this regard, urges the EU and its Member States to enhance global governance and to seek solutions to further improve coordination between the G formations and the UN system, whereby the economic dimension could usefully be covered by these groups, provided that the UN maintains its central role and remains the legitimate body for global action; while considering the G-8 and G-20 as important fora for the definition of global responses to which the EU must continue to actively contribute through coordinated positions, calls on the EU and its Member States to seek improvements to global governance that make the most out of synergies and complementarities and do not run the risk of eroding the UN system; |
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16.

Insists on the need to strike a new institutional balance between the emerging role of the G-20, the UN and its agencies as well as the IFIs; in this regard, urges the EU and its Member States to enhance global governance and to seek solutions to further improve coordination between the G formations and the UN system, whereby the economic dimension could usefully be covered by these groups, provided that the UN maintains its central role and remains the legitimate body for global action; while considering the G-8 and G-20 as important fora for the definition of global responses to which the EU must continue to actively contribute through coordinated positions, calls on the EU and its Member States to seek improvements to global governance that make the most out of synergies and complementarities and do not run the risk of eroding the UN system;

The UN General Assembly (UNGA)

| 17. | While retaining the EU’s observer status in the UNGA, and in accordance with the UN Charter and the intergovernmental nature of the UN, urges the EU to ensure – in order to allow the new EU representatives to speak effectively and in a timely manner on global issues – that the necessary arrangements for the EU’s effective participation in the work of the UN General Assembly are put in place, while making full use of all the powers conferred on it by its status as a regional integration organisation, by consulting fully and comprehensively with UN Member States; |
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17.

While retaining the EU’s observer status in the UNGA, and in accordance with the UN Charter and the intergovernmental nature of the UN, urges the EU to ensure – in order to allow the new EU representatives to speak effectively and in a timely manner on global issues – that the necessary arrangements for the EU’s effective participation in the work of the UN General Assembly are put in place, while making full use of all the powers conferred on it by its status as a regional integration organisation, by consulting fully and comprehensively with UN Member States;

| 18. | Warmly welcomes the adoption on 3 May 2011 of the UN General Assembly Resolution on the EU’s participation in the work of the UN, which takes account of the institutional changes brought about by the Lisbon Treaty and enables EU representatives to present and promote the EU’s positions in the UN in a timely and efficient manner via a set of modalities granting the delegation of the EU the right to make interventions, as well as the right of reply and the ability to present oral proposals and amendments; |
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18.

Warmly welcomes the adoption on 3 May 2011 of the UN General Assembly Resolution on the EU’s participation in the work of the UN, which takes account of the institutional changes brought about by the Lisbon Treaty and enables EU representatives to present and promote the EU’s positions in the UN in a timely and efficient manner via a set of modalities granting the delegation of the EU the right to make interventions, as well as the right of reply and the ability to present oral proposals and amendments;

| 19. | Given the increased role of regional blocks in international affairs, and in full respect of the intergovernmental nature of the UN, calls on the EU Member States to promote a change in the structure of UNGA membership, enhancing the status of the regional integration organisations (RIOs) with an advanced level of integration, such as having their own legal personality, making them enhanced observers; |
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19.

Given the increased role of regional blocks in international affairs, and in full respect of the intergovernmental nature of the UN, calls on the EU Member States to promote a change in the structure of UNGA membership, enhancing the status of the regional integration organisations (RIOs) with an advanced level of integration, such as having their own legal personality, making them enhanced observers;

The UN Security Council (UNSC)

| 20. | Stresses the need for a comprehensive reform of the UN Security Council, on the basis of the first ever negotiation text and widespread support for UNSC reform, in order to achieve greater clarification on the UNSC’s competences in relation to other UN bodies and a review of the UNSC’s working methods; underlines, furthermore, the need to reinforce the UNSC’s legitimacy, regional representation and effectiveness and to create a more cohesive position among EU Member States on these issues; |
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20.

Stresses the need for a comprehensive reform of the UN Security Council, on the basis of the first ever negotiation text and widespread support for UNSC reform, in order to achieve greater clarification on the UNSC’s competences in relation to other UN bodies and a review of the UNSC’s working methods; underlines, furthermore, the need to reinforce the UNSC’s legitimacy, regional representation and effectiveness and to create a more cohesive position among EU Member States on these issues;

| 21. | Reiterates the view, in keeping with the purposes of the Lisbon Treaty in enhancing EU foreign policy and the role of the EU in global peace, security and regulation, that an EU seat in an enlarged UNSC remains a central, long-term goal of the European Union; calls on the VP/HR to take the initiative to develop a common position of the Member States to that end; suggests, in order to achieve that goal in the future, working on prior coordination of positions in the Council of the EU on the introduction of new members of the UNSC and reform of the UNSC’s decision-making towards the possible use of a super-qualified majority; |
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21.

Reiterates the view, in keeping with the purposes of the Lisbon Treaty in enhancing EU foreign policy and the role of the EU in global peace, security and regulation, that an EU seat in an enlarged UNSC remains a central, long-term goal of the European Union; calls on the VP/HR to take the initiative to develop a common position of the Member States to that end; suggests, in order to achieve that goal in the future, working on prior coordination of positions in the Council of the EU on the introduction of new members of the UNSC and reform of the UNSC’s decision-making towards the possible use of a super-qualified majority;

| 22. | Calls on the VP/HR, in her capacity as chair of the Foreign Affairs Council, to seek common EU positions on issues to be decided in the UNSC in order to have such positions implemented through joint voting practice; encourages the VP/HR, the EEAS and the EU Member States to play a more active role in establishing cooperation mechanisms aimed at ensuring that EU Member States that sit on the UNSC defend common EU positions therein; |
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22.

Calls on the VP/HR, in her capacity as chair of the Foreign Affairs Council, to seek common EU positions on issues to be decided in the UNSC in order to have such positions implemented through joint voting practice; encourages the VP/HR, the EEAS and the EU Member States to play a more active role in establishing cooperation mechanisms aimed at ensuring that EU Member States that sit on the UNSC defend common EU positions therein;

| 23. | Invites EU Member States with seats on the UNSC to keep other EU Member States adequately informed of their positions and activities and to share information about developments in the UNSC with other EU Member States; welcomes the newly established practice whereby a representative of the EU is generally invited to attend most scheduled UNSC deliberations and participate with some limited right to speak at the UNSC; |
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23.

Invites EU Member States with seats on the UNSC to keep other EU Member States adequately informed of their positions and activities and to share information about developments in the UNSC with other EU Member States; welcomes the newly established practice whereby a representative of the EU is generally invited to attend most scheduled UNSC deliberations and participate with some limited right to speak at the UNSC;

The UN Human Rights Council (UN HRC)

| 24. | Stresses the need to coordinate the positions of EU Member States and increase the coherence, visibility and credibility of EU action in the UN HRC; welcomes the establishment of the Directorate for Human Rights and Democracy in the EEAS system and urges the VP/HR to ensure that the new arrangements increase the EU’s capacity for cross-regional outreach and cooperation with countries from other blocs on common initiatives; takes the view that clear membership criteria in the UN HRC should be established and that countries where human rights violations are frequent and widespread should not be allowed to become members of this body; encourages the EEAS and the VP/HR to take action to finalise as soon as possible the merger of the former Council and Commission delegations in Geneva; |
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24.

Stresses the need to coordinate the positions of EU Member States and increase the coherence, visibility and credibility of EU action in the UN HRC; welcomes the establishment of the Directorate for Human Rights and Democracy in the EEAS system and urges the VP/HR to ensure that the new arrangements increase the EU’s capacity for cross-regional outreach and cooperation with countries from other blocs on common initiatives; takes the view that clear membership criteria in the UN HRC should be established and that countries where human rights violations are frequent and widespread should not be allowed to become members of this body; encourages the EEAS and the VP/HR to take action to finalise as soon as possible the merger of the former Council and Commission delegations in Geneva;

The EU’s role in the International Financial Institutions (IFIs)

| 25. | Underlines the need to review arrangements for the representation of the euro area/EU in international bodies in the area of economic, monetary and financial stability in line with its role as one of the world’s foremost economic powers; |
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25.

Underlines the need to review arrangements for the representation of the euro area/EU in international bodies in the area of economic, monetary and financial stability in line with its role as one of the world’s foremost economic powers;

The International Monetary Fund (IMF)

| 26. | Insists, given the EU’s economic and monetary competences, the euro area’s global reach and its increased responsibility with respect to the stability of the global economy, that a single view should be presented when contributing to international economic and financial governance; |
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26.

Insists, given the EU’s economic and monetary competences, the euro area’s global reach and its increased responsibility with respect to the stability of the global economy, that a single view should be presented when contributing to international economic and financial governance;

| 27. | While Germany, the UK and France hold single seats in the IMF at the moment and the remaining EU Member States are spread across seven constituencies, urges the EU and its Member States to address the issue of ineffective external economic and financial representation, which is limiting the influence of the EU although the EU Member States combined hold more than 30 percent of the votes within the IMF; considering that monetary policy is an exclusive EU competence for those Member States sharing a single currency, urges the EU and its relevant Member States to promptly agree on a common seat and constituency on the IMF Executive Board, possibly starting as a euro constituency, with a view, in the longer term, to securing consistent EU representation, involving the Commission, subject to the European Parliament’s scrutiny; |
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27.

While Germany, the UK and France hold single seats in the IMF at the moment and the remaining EU Member States are spread across seven constituencies, urges the EU and its Member States to address the issue of ineffective external economic and financial representation, which is limiting the influence of the EU although the EU Member States combined hold more than 30 percent of the votes within the IMF; considering that monetary policy is an exclusive EU competence for those Member States sharing a single currency, urges the EU and its relevant Member States to promptly agree on a common seat and constituency on the IMF Executive Board, possibly starting as a euro constituency, with a view, in the longer term, to securing consistent EU representation, involving the Commission, subject to the European Parliament’s scrutiny;

| 28. | Reminds the EU and its Member States to use the opportunity of the next regular election of IMF Executive Directors in 2012 for rationalisation and to pursue concerted efforts to pool all the Member States into a single euro area seat for the monetary union and a constituency for the rest of the Member States not having the euro; |
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28.

Reminds the EU and its Member States to use the opportunity of the next regular election of IMF Executive Directors in 2012 for rationalisation and to pursue concerted efforts to pool all the Member States into a single euro area seat for the monetary union and a constituency for the rest of the Member States not having the euro;

| 29. | Considering that neither the Commission, the rotating Council Presidency nor the euro zone finance ministers’ group has any formal representation on the IMF Executive Board, and the ECB is only an observer for agenda items of relevance to it, points out the need for the Commission and the ECB, as the Union bodies competent for monetary and economic policies, to be granted full observer status on the IMF Executive Board in order to tackle the outstanding anomaly of inadequate representation therein; |
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29.

Considering that neither the Commission, the rotating Council Presidency nor the euro zone finance ministers’ group has any formal representation on the IMF Executive Board, and the ECB is only an observer for agenda items of relevance to it, points out the need for the Commission and the ECB, as the Union bodies competent for monetary and economic policies, to be granted full observer status on the IMF Executive Board in order to tackle the outstanding anomaly of inadequate representation therein;

The World Bank (WB) and the main Multilateral Development Banks

| 30. | Calls on the EU and its Member States to address, in agreement with its partners, the institutional anomaly whereby the EU is a major contributor to the WB Trust Funds, in fact a bigger aid donor than any of its Member States, and its operational partnerships with the Bank in the European and African regions are important, yet it has not even observer status on the WB Executive Board (only on its ministerial policy committee); stresses the importance of the EU as a whole as the largest global donor and highlights the efforts made by the Union to coordinate, align and reduce the fragmentation of its aid programmes, most notably through the Paris Declaration on Aid Effectiveness and the European Consensus on Development; in the light of this, recognises the importance of pursuing efforts to achieve a seat as an observer on the Executive Board and aspiring to reform politically obsolete groupings of countries, by grouping EU Member States together under the same constituency; recalls that the same principle of pooling Member States together under an EU constituency should apply to the main Multilateral Development Banks, most notably the Asian Development Bank, the Inter-American Development Bank and the African Development Bank; |
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30.

Calls on the EU and its Member States to address, in agreement with its partners, the institutional anomaly whereby the EU is a major contributor to the WB Trust Funds, in fact a bigger aid donor than any of its Member States, and its operational partnerships with the Bank in the European and African regions are important, yet it has not even observer status on the WB Executive Board (only on its ministerial policy committee); stresses the importance of the EU as a whole as the largest global donor and highlights the efforts made by the Union to coordinate, align and reduce the fragmentation of its aid programmes, most notably through the Paris Declaration on Aid Effectiveness and the European Consensus on Development; in the light of this, recognises the importance of pursuing efforts to achieve a seat as an observer on the Executive Board and aspiring to reform politically obsolete groupings of countries, by grouping EU Member States together under the same constituency; recalls that the same principle of pooling Member States together under an EU constituency should apply to the main Multilateral Development Banks, most notably the Asian Development Bank, the Inter-American Development Bank and the African Development Bank;

The Bank for International Settlements (BIS)

| 31. | Noting that the BIS is an international financial institution which gathers the central banks of the most advanced countries, with the more recent inclusion of those of China, Brazil and India as well, and given the exclusive competence of the ECB over monetary policy, proposes that the ECB be the only representative of the euro area on the BIS Board, and that the Commission be the only EU representative on the Basel Committee on Banking Supervision; |
| --- | --- |

31.

Noting that the BIS is an international financial institution which gathers the central banks of the most advanced countries, with the more recent inclusion of those of China, Brazil and India as well, and given the exclusive competence of the ECB over monetary policy, proposes that the ECB be the only representative of the euro area on the BIS Board, and that the Commission be the only EU representative on the Basel Committee on Banking Supervision;

The EU’s role in multilateral security organisations

The North Atlantic Treaty Organisation (NATO)

| 32. | Calls on the EU and NATO, given that regular meetings already take place at all levels, permanent military liaison arrangements have already been established and occasional joint meetings are held between the EU’s Political and Security Committee (PSC) and NATO’s North Atlantic Council (NAC), to redouble their efforts towards the establishment of a framework for integrated cooperation, including permanent structures for cooperation; calls for systematic contacts between the Secretary-General of NATO and the VP/HR; proposes that the implications of the establishment of mutual observer status at the level of the NAC and the PSC be studied in order to improve cooperative arrangements in the spirit of the Treaty of Lisbon, following the adoption by NATO of its new strategic concept and given the ambition to develop an EU-NATO strategic partnership; welcomes in this respect the existing cooperation with the European Parliament and its participation in the NATO Parliamentary Assembly; |
| --- | --- |

32.

Calls on the EU and NATO, given that regular meetings already take place at all levels, permanent military liaison arrangements have already been established and occasional joint meetings are held between the EU’s Political and Security Committee (PSC) and NATO’s North Atlantic Council (NAC), to redouble their efforts towards the establishment of a framework for integrated cooperation, including permanent structures for cooperation; calls for systematic contacts between the Secretary-General of NATO and the VP/HR; proposes that the implications of the establishment of mutual observer status at the level of the NAC and the PSC be studied in order to improve cooperative arrangements in the spirit of the Treaty of Lisbon, following the adoption by NATO of its new strategic concept and given the ambition to develop an EU-NATO strategic partnership; welcomes in this respect the existing cooperation with the European Parliament and its participation in the NATO Parliamentary Assembly;

| 33. | Takes the view that arrangements allowing the EU to have recourse to NATO assets and capabilities need to be enhanced; underlines the need for the two organisations to develop a comprehensive approach to crisis management, which often requires a multifaceted civilian-military response; reaffirms its belief that the latter is compatible with building on an autonomous Europe of Defence via permanent structured cooperation and the European Defence Agency (EDA); |
| --- | --- |

33.

Takes the view that arrangements allowing the EU to have recourse to NATO assets and capabilities need to be enhanced; underlines the need for the two organisations to develop a comprehensive approach to crisis management, which often requires a multifaceted civilian-military response; reaffirms its belief that the latter is compatible with building on an autonomous Europe of Defence via permanent structured cooperation and the European Defence Agency (EDA);

The Organisation for Security and Cooperation in Europe (OSCE)

| 34. | In the context of a formal agreement between the EU and the OSCE, calls for serious reflection on how the EU can take on greater responsibilities and participate more efficiently in achieving joint objectives, for which implementing a mechanism of permanent, agreeing on joint initiatives and coordinating local activities may be appropriate instruments; calls on the EU and its Member States and the OSCE Permanent Council to jointly develop a mechanism aimed at enhancing cooperation, coordination and consultation between the two organisations; given, also, that Article 220(1) TFEU explicitly added the OSCE to the list of international organisations with which ‘appropriate forms of cooperation’ are to be established, emphasises the need for the VP/HR to coordinate the position of the EU Member States on OSCE matters; emphasises the need to establish effective cooperation mechanisms in the field of election missions between the OSCE Parliamentary Assembly and the European Parliament with a view to overcoming some of the shortcomings that have arisen on certain occasions; |
| --- | --- |

34.

In the context of a formal agreement between the EU and the OSCE, calls for serious reflection on how the EU can take on greater responsibilities and participate more efficiently in achieving joint objectives, for which implementing a mechanism of permanent, agreeing on joint initiatives and coordinating local activities may be appropriate instruments; calls on the EU and its Member States and the OSCE Permanent Council to jointly develop a mechanism aimed at enhancing cooperation, coordination and consultation between the two organisations; given, also, that Article 220(1) TFEU explicitly added the OSCE to the list of international organisations with which ‘appropriate forms of cooperation’ are to be established, emphasises the need for the VP/HR to coordinate the position of the EU Member States on OSCE matters; emphasises the need to establish effective cooperation mechanisms in the field of election missions between the OSCE Parliamentary Assembly and the European Parliament with a view to overcoming some of the shortcomings that have arisen on certain occasions;

| 35. | Expresses once again its wish to see the emergence of a European defence policy, for which there is an increasingly urgent need at a time when the world faces significantly increasing instability and threats; |
| --- | --- |

35.

Expresses once again its wish to see the emergence of a European defence policy, for which there is an increasingly urgent need at a time when the world faces significantly increasing instability and threats;

The EU’s role in other multilateral organisations

The Council of Europe (CoE)

| 36. | In order to enhance EU-CoE multilateral cooperation in fields that are important for the EU as well as the CoE, e.g. the rule of law, democracy, education, protection of human rights, freedom of expression and freedom of the press, and good governance, given that the EU is the largest contributor to joint operating programmes with the CoE, underlines the need to reform the EU’s presence and observer status in the CoE; recommends to the EU that it better coordinate its work with the CoE in the areas of rule of law, democracy and human rights with the aim of enhancing the effectiveness of both institutions in the aforementioned fields; particularly in view of the upcoming EU accession to the European Convention on Human Rights and Fundamental Freedoms (ECHR), emphasises the right to attend, with voting rights on behalf of the EU, meetings of the CoE Committee of Ministers when it performs, inter alia, its task of monitoring the execution of judgments given by the European Court of Human Rights; underlines, furthermore, the EU’s right to be represented in the Steering Committee for Human Rights - especially after its accession to the ECHR, which should give the EU a general right to participate fully in the CoE Committee of Ministers and to vote -, the right to nominate a judge to the European Court of Human Rights, as well as the right for the European Parliament to participate in the CoE Parliamentary Assembly when the latter elects judges; underlines that, in order to increase its effectiveness in the field of human rights at pan-European level, the EU should also accede to other CoE bodies such as the Committee on the Prevention of Torture (CPT), the European Commission against Racism and Intolerance (ECRI) and the European Commission on the Efficiency of Justice (CEPEJ); |
| --- | --- |

36.

In order to enhance EU-CoE multilateral cooperation in fields that are important for the EU as well as the CoE, e.g. the rule of law, democracy, education, protection of human rights, freedom of expression and freedom of the press, and good governance, given that the EU is the largest contributor to joint operating programmes with the CoE, underlines the need to reform the EU’s presence and observer status in the CoE; recommends to the EU that it better coordinate its work with the CoE in the areas of rule of law, democracy and human rights with the aim of enhancing the effectiveness of both institutions in the aforementioned fields; particularly in view of the upcoming EU accession to the European Convention on Human Rights and Fundamental Freedoms (ECHR), emphasises the right to attend, with voting rights on behalf of the EU, meetings of the CoE Committee of Ministers when it performs, inter alia, its task of monitoring the execution of judgments given by the European Court of Human Rights; underlines, furthermore, the EU’s right to be represented in the Steering Committee for Human Rights - especially after its accession to the ECHR, which should give the EU a general right to participate fully in the CoE Committee of Ministers and to vote -, the right to nominate a judge to the European Court of Human Rights, as well as the right for the European Parliament to participate in the CoE Parliamentary Assembly when the latter elects judges; underlines that, in order to increase its effectiveness in the field of human rights at pan-European level, the EU should also accede to other CoE bodies such as the Committee on the Prevention of Torture (CPT), the European Commission against Racism and Intolerance (ECRI) and the European Commission on the Efficiency of Justice (CEPEJ);

The Organisation for Economic Cooperation and Development (OECD)

| 37. | Recognises the need, in the light of Article 220(1) TFEU, which calls for ‘appropriate forms of cooperation’ with the OECD, to aspire to an upgrading of the EU’s current observer status in the OECD to that of full member, given the EU’s substantial exclusive and shared competences in almost all of the OECD’s committees; |
| --- | --- |

37.

Recognises the need, in the light of Article 220(1) TFEU, which calls for ‘appropriate forms of cooperation’ with the OECD, to aspire to an upgrading of the EU’s current observer status in the OECD to that of full member, given the EU’s substantial exclusive and shared competences in almost all of the OECD’s committees;

The World Trade Organisation (WTO)

| 38. | Considers that the role of the EU within the WTO serves as one model for EU actions in other international organisations (including UNCTAD and OECD), given that through its exclusive competence the EU is a full member of the WTO and negotiates on behalf of all the EU Member States, while at the same time all Member States are WTO members in their own right and work together to act as a single block; |
| --- | --- |

38.

Considers that the role of the EU within the WTO serves as one model for EU actions in other international organisations (including UNCTAD and OECD), given that through its exclusive competence the EU is a full member of the WTO and negotiates on behalf of all the EU Member States, while at the same time all Member States are WTO members in their own right and work together to act as a single block;

| 39. | Takes the view that the establishment of two separate EU delegations in Geneva as a result of the Lisbon Treaty, one to the WTO and the other to the UN, should reinforce the EU’s coordination capacity, presence and visibility, but stresses the importance of ensuring coherence in actions between the two delegations so that any duplication of work can be avoided; |
| --- | --- |

39.

Takes the view that the establishment of two separate EU delegations in Geneva as a result of the Lisbon Treaty, one to the WTO and the other to the UN, should reinforce the EU’s coordination capacity, presence and visibility, but stresses the importance of ensuring coherence in actions between the two delegations so that any duplication of work can be avoided;

| 40. | Calls on the EU to take into account and uphold specific European interests within the WTO; considers that it should in particular insist on special treatment for agricultural issues and act to defend certain sensitive European regions or sectors and to promote fair trade that fosters sustainable development; |
| --- | --- |

40.

Calls on the EU to take into account and uphold specific European interests within the WTO; considers that it should in particular insist on special treatment for agricultural issues and act to defend certain sensitive European regions or sectors and to promote fair trade that fosters sustainable development;

| 41. | Calls for thorough consideration of the issue of better accommodating non-trade concerns within the scope of WTO rules, in order to allow members to pursue legitimate policy objectives, while safeguarding market access; in this context, stresses the need to ensure the consistency of trade policy with other EU policies and international law, and that WTO actions are consistent and mutually supportive with actions of other international organisations; |
| --- | --- |

41.

Calls for thorough consideration of the issue of better accommodating non-trade concerns within the scope of WTO rules, in order to allow members to pursue legitimate policy objectives, while safeguarding market access; in this context, stresses the need to ensure the consistency of trade policy with other EU policies and international law, and that WTO actions are consistent and mutually supportive with actions of other international organisations;

| 42. | Identifies the implementing powers of the WTO created through its dispute settlement body as a key element of the success of this organisation; |
| --- | --- |

42.

Identifies the implementing powers of the WTO created through its dispute settlement body as a key element of the success of this organisation;

The EU’s role in ‘summit diplomacy’ – ambitions in the G-8 and the G-20

| 43. | Noting the EU’s global economic and financial weight, the need to protect the EU’s strategic interests on the international scene and the fact that the summit agendas of the G-8 have broadened considerably to address a series of politico-security issues ranging from human rights through regional security to arms control, takes the view that the EU should fully participate in the G-7/G-8 process and should be fully represented in the meetings of the G-7 finance ministers; points out the need for enhanced EU coordination before G-7 and G-8 meetings, in particular by ensuring that the European Parliament is closely involved; |
| --- | --- |

43.

Noting the EU’s global economic and financial weight, the need to protect the EU’s strategic interests on the international scene and the fact that the summit agendas of the G-8 have broadened considerably to address a series of politico-security issues ranging from human rights through regional security to arms control, takes the view that the EU should fully participate in the G-7/G-8 process and should be fully represented in the meetings of the G-7 finance ministers; points out the need for enhanced EU coordination before G-7 and G-8 meetings, in particular by ensuring that the European Parliament is closely involved;

| 44. | Considering the EU’s exclusive or shared competences in areas where the G-20 exerts significant and growing influence (i.e. financial market regulation, economic policy coordination, including exchange rate issues, the international monetary system, development aid, multilateral trade issues, combating the financing of terrorism and money laundering, environment or energy security), calls on the EU and its Member States to work with partners towards achieving full coordination and alignment of messages among the five European countries and the EU representative sitting at the G-20 table in order to ensure effective participation of the EU at G-20 ministerial meetings; |
| --- | --- |

44.

Considering the EU’s exclusive or shared competences in areas where the G-20 exerts significant and growing influence (i.e. financial market regulation, economic policy coordination, including exchange rate issues, the international monetary system, development aid, multilateral trade issues, combating the financing of terrorism and money laundering, environment or energy security), calls on the EU and its Member States to work with partners towards achieving full coordination and alignment of messages among the five European countries and the EU representative sitting at the G-20 table in order to ensure effective participation of the EU at G-20 ministerial meetings;

| 45. | Notes the increased cooperation in ‘mini-lateral’ fora related to specific crisis situations, from the G-8 to the Contact Group on the Balkans, from the Middle East Quartet to the 5+1 on Iran; recalls that the European Union is built on solidarity between its members and, therefore, that Member States should consult with partners on decisions of common interest, which should ultimately deliver effective and consistent multilateral solutions for the benefit of all parties concerned; calls, therefore, on the VP/HR to address the current challenges to effective multilateralism and believes that a revised strategy on this matter should aim at achieving more visibility and clout for the EU, including the obligation for the ‘mini groups’ to consult EU partners and seek a mandate from the EU; |
| --- | --- |

45.

Notes the increased cooperation in ‘mini-lateral’ fora related to specific crisis situations, from the G-8 to the Contact Group on the Balkans, from the Middle East Quartet to the 5+1 on Iran; recalls that the European Union is built on solidarity between its members and, therefore, that Member States should consult with partners on decisions of common interest, which should ultimately deliver effective and consistent multilateral solutions for the benefit of all parties concerned; calls, therefore, on the VP/HR to address the current challenges to effective multilateralism and believes that a revised strategy on this matter should aim at achieving more visibility and clout for the EU, including the obligation for the ‘mini groups’ to consult EU partners and seek a mandate from the EU;

*

* *

| 46. | Instructs its President to forward this resolution to the Vice-President/High Representative of the Union for Foreign Affairs and Security Policy, the European Council, the Council, the Commission, the EU Member States and the national parliaments. |
| --- | --- |

46.

Instructs its President to forward this resolution to the Vice-President/High Representative of the Union for Foreign Affairs and Security Policy, the European Council, the Council, the Commission, the EU Member States and the national parliaments.

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(1)  OJ C 354, 28.12.2010, p. 43.

(2)  UN General Assembly Resolution A/RES/65/276: Participation of the European Union in the work of the United Nations.

(3)  Council of the European Union 10170/10.

(4)  EUCO 21/01/10 REV 1 Annex I.

(5)  Texts adopted, P7_TA(2010)0399.

(6)  Texts adopted, P7_TA(2010)0377.

(7)  Texts adopted, P7_TA(2010)0184.

(8)  OJ C 4 E, 7.1.2011, P. 49.

(9)  OJ C 76 E, 25.3.2010, p. 69.

(10)  OJ C 291 E, 30.11.2006, p. 118.

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Thursday 12 May 2011

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/77 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/77

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Thursday 12 May 2011Youth on the Move: – a framework for improving Europe's education and training systems

P7_TA(2011)0230

European Parliament resolution of 12 May 2011 on Youth on the Move: - a framework for improving Europe's education and training systems (2010/2307(INI))

2012/C 377 E/09

The European Parliament,

| — | having regard to the Commission communication of 9 June 2010 entitled ‘A new impetus for European cooperation in Vocational Education and Training to support the Europe 2020 strategy’ (COM(2010)0296), |
| --- | --- |

—

having regard to the Commission communication of 9 June 2010 entitled ‘A new impetus for European cooperation in Vocational Education and Training to support the Europe 2020 strategy’ (COM(2010)0296),

| — | having regard to the Commission communication of 15 September 2010 entitled ‘Youth on the Move: An initiative to unleash the potential of young people to achieve smart, sustainable and inclusive growth in the European Union’ (COM(2010)0477), |
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—

having regard to the Commission communication of 15 September 2010 entitled ‘Youth on the Move: An initiative to unleash the potential of young people to achieve smart, sustainable and inclusive growth in the European Union’ (COM(2010)0477),

| — | having regard to the Commission Communication of 3 March 2010 entitled ‘EUROPE 2020: A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020), |
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—

having regard to the Commission Communication of 3 March 2010 entitled ‘EUROPE 2020: A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

| — | having regard to its resolution of 18 May 2010 on ‘An EU Strategy for Youth – Investing and Empowering’ (1), |
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—

having regard to its resolution of 18 May 2010 on ‘An EU Strategy for Youth – Investing and Empowering’ (1),

| — | having regard to the Council resolution of 27 November 2009 on the European Year of Voluntary Activities Promoting Active Citizenship (2), |
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—

having regard to the Council resolution of 27 November 2009 on the European Year of Voluntary Activities Promoting Active Citizenship (2),

| — | having regard to the Council Conclusions of 12 May 2009 on a strategic framework for European cooperation in education and training (‘ET 2020’) (3), |
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—

having regard to the Council Conclusions of 12 May 2009 on a strategic framework for European cooperation in education and training (‘ET 2020’) (3),

| — | having regard to the Council conclusions of 11 May 2010 on the social dimension of education and training and on competences supporting lifelong learning and the ‘new skills for new jobs’ initiative (4), |
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—

having regard to the Council conclusions of 11 May 2010 on the social dimension of education and training and on competences supporting lifelong learning and the ‘new skills for new jobs’ initiative (4),

| — | having regard to the Council conclusions of 17 June 2010 on the new strategy for jobs and growth, notably the part confirming the headline targets on the improvement of education levels, |
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—

having regard to the Council conclusions of 17 June 2010 on the new strategy for jobs and growth, notably the part confirming the headline targets on the improvement of education levels,

| — | having regard to the Council conclusions of 19 November 2010 on the Youth on the Move initiative, recognising the importance of a more integrated, cross-sectoral approach in response to the challenges young people face (5), |
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—

having regard to the Council conclusions of 19 November 2010 on the Youth on the Move initiative, recognising the importance of a more integrated, cross-sectoral approach in response to the challenges young people face (5),

| — | having regard to the opinion of the Committee of the Regions of 28 January 2011 (6), and the opinion of the European Economic and Social Committee of 15 March 2011 (7) on the Youth on the Move initiative, |
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—

having regard to the opinion of the Committee of the Regions of 28 January 2011 (6), and the opinion of the European Economic and Social Committee of 15 March 2011 (7) on the Youth on the Move initiative,

| — | having regard to Articles 165 and 166 of the Treaty on the Functioning of the European Union, |
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—

having regard to Articles 165 and 166 of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 48 of its Rules of Procedure, |
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—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Culture and Education and the opinion of the Committee on Employment and Social Affairs (A7-0169/2011), |
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—

having regard to the report of the Committee on Culture and Education and the opinion of the Committee on Employment and Social Affairs (A7-0169/2011),

| A. | whereas, in the context of the EU 2020 strategy, young people’s knowledge and skills are essential if the objectives of smart, inclusive and sustainable growth are to be achieved, |
| --- | --- |

A.

whereas, in the context of the EU 2020 strategy, young people’s knowledge and skills are essential if the objectives of smart, inclusive and sustainable growth are to be achieved,

| B. | whereas Youth on the Move (YoM), a flagship initiative of the EU2020 strategy, aims to enhance the attractiveness of higher education in Europe, the overall quality of all levels of education and training and student and worker mobility through the more effective use of existing European programmes, |
| --- | --- |

B.

whereas Youth on the Move (YoM), a flagship initiative of the EU2020 strategy, aims to enhance the attractiveness of higher education in Europe, the overall quality of all levels of education and training and student and worker mobility through the more effective use of existing European programmes,

| C. | whereas the ‘EU 2020 strategy’ states that ‘by 2020 all young people in Europe must have the possibility to spend a part of their educational pathway in other Member States’, |
| --- | --- |

C.

whereas the ‘EU 2020 strategy’ states that ‘by 2020 all young people in Europe must have the possibility to spend a part of their educational pathway in other Member States’,

| D. | whereas youth has a key role to play in achieving the five EU headline targets for 2020: employment, research and innovation, climate and energy, education, and the fight against poverty, |
| --- | --- |

D.

whereas youth has a key role to play in achieving the five EU headline targets for 2020: employment, research and innovation, climate and energy, education, and the fight against poverty,

| E. | whereas YoM strengthens the existing EU Youth Strategy (COM(2009)0200) by equipping young people with the knowledge, skills and competences needed for work and life, |
| --- | --- |

E.

whereas YoM strengthens the existing EU Youth Strategy (COM(2009)0200) by equipping young people with the knowledge, skills and competences needed for work and life,

| F. | whereas young people have suffered particularly badly from the crisis and youth unemployment rates in the EU are over 20 %, which is twice the average for adults, and in some Member States over 40 %, |
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F.

whereas young people have suffered particularly badly from the crisis and youth unemployment rates in the EU are over 20 %, which is twice the average for adults, and in some Member States over 40 %,

| G. | whereas youth unemployment of close to 21 % is one of the most pressing challenges facing Europe, |
| --- | --- |

G.

whereas youth unemployment of close to 21 % is one of the most pressing challenges facing Europe,

| H. | whereas owing to the economic crisis Member States are cutting investment in education and training, directly affecting young people’s future prospects, while Europe is facing an increasing demographic challenge in achieving the growth it needs, |
| --- | --- |

H.

whereas owing to the economic crisis Member States are cutting investment in education and training, directly affecting young people’s future prospects, while Europe is facing an increasing demographic challenge in achieving the growth it needs,

| I. | whereas the economic costs of educational underperformance are significantly higher than the costs of the financial crisis, |
| --- | --- |

I.

whereas the economic costs of educational underperformance are significantly higher than the costs of the financial crisis,

| J. | whereas the crisis emphasised the need to reform our economies and societies, and the vital importance of high-quality vocational education and training systems underpinning those reforms, to better equip Europe to face the challenges of today and tomorrow, |
| --- | --- |

J.

whereas the crisis emphasised the need to reform our economies and societies, and the vital importance of high-quality vocational education and training systems underpinning those reforms, to better equip Europe to face the challenges of today and tomorrow,

| K. | whereas, owing to the progressive decline in public investment in universities and the subsequent increase in fees and/or reduction in social support and study grants, a growing number of students are dropping out of the university system, leading to a widening social gap, |
| --- | --- |

K.

whereas, owing to the progressive decline in public investment in universities and the subsequent increase in fees and/or reduction in social support and study grants, a growing number of students are dropping out of the university system, leading to a widening social gap,

| L. | whereas human capital is a strategic tool for ensuring the successful economic and social development of our societies, |
| --- | --- |

L.

whereas human capital is a strategic tool for ensuring the successful economic and social development of our societies,

| M. | whereas, according to Europass data, an increasing number of young people are expressing a desire to travel within the European Union for either educational or occupational purposes, |
| --- | --- |

M.

whereas, according to Europass data, an increasing number of young people are expressing a desire to travel within the European Union for either educational or occupational purposes,

| N. | whereas education is fundamental to fostering young people’s creativity and innovative potential; whereas education gives people the necessary tools to develop intellectually, enter the labour market, develop as a person and take up their social and civic role, |
| --- | --- |

N.

whereas education is fundamental to fostering young people’s creativity and innovative potential; whereas education gives people the necessary tools to develop intellectually, enter the labour market, develop as a person and take up their social and civic role,

| O. | whereas research shows that mobility contributes to a sense of European citizenship and involvement in democratic processes, |
| --- | --- |

O.

whereas research shows that mobility contributes to a sense of European citizenship and involvement in democratic processes,

| P. | whereas access to mobility programmes should be possible not only for university students, but also for young people with a low level of qualifications, since such access can increase labour market opportunities, |
| --- | --- |

P.

whereas access to mobility programmes should be possible not only for university students, but also for young people with a low level of qualifications, since such access can increase labour market opportunities,

| Q. | whereas mobility programmes should be accessible to all young people, regardless of the type of education they have chosen, |
| --- | --- |

Q.

whereas mobility programmes should be accessible to all young people, regardless of the type of education they have chosen,

| R. | whereas the number of young people able to go abroad to study and work, in particular under EU programmes, is not increasing fast enough, |
| --- | --- |

R.

whereas the number of young people able to go abroad to study and work, in particular under EU programmes, is not increasing fast enough,

| S. | whereas in its first decade the Bologna process encountered many difficulties in achieving its targets seeking in the area of the development of European higher education, |
| --- | --- |

S.

whereas in its first decade the Bologna process encountered many difficulties in achieving its targets seeking in the area of the development of European higher education,

| T. | whereas reducing early school-leaving is pivotal both to preventing young people from running the risk of social exclusion and poverty and to improving and facilitating their access to the labour market, |
| --- | --- |

T.

whereas reducing early school-leaving is pivotal both to preventing young people from running the risk of social exclusion and poverty and to improving and facilitating their access to the labour market,

| U. | whereas the transition from education and training to work presents young people with a major challenge, |
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U.

whereas the transition from education and training to work presents young people with a major challenge,

| V. | whereas volunteering represents an important opportunity to acquire more competences through informal and non-formal learning, to take on social responsibility, to understand the importance of European integration and to play an active role as European citizens in a wide range of areas, and whereas that opportunity should be promoted, especially within the framework of the European Year of Volunteering 2011, |
| --- | --- |

V.

whereas volunteering represents an important opportunity to acquire more competences through informal and non-formal learning, to take on social responsibility, to understand the importance of European integration and to play an active role as European citizens in a wide range of areas, and whereas that opportunity should be promoted, especially within the framework of the European Year of Volunteering 2011,

| W. | whereas youth organisations are major providers of non-formal education complementary to formal education, which is essential to equip young people with skills and competences in order to become active citizens and facilitate their access to the labour market; whereas through this youth organisations help to achieve the aims of the EU 2020 strategy, |
| --- | --- |

W.

whereas youth organisations are major providers of non-formal education complementary to formal education, which is essential to equip young people with skills and competences in order to become active citizens and facilitate their access to the labour market; whereas through this youth organisations help to achieve the aims of the EU 2020 strategy,

| X. | whereas it is vital to involve young people, and the various youth organisations that represent them, in the decision-making process so as to provide them with a sense of ownership and ensure that they are actively contributing their ideas to a youth strategy, |
| --- | --- |

X.

whereas it is vital to involve young people, and the various youth organisations that represent them, in the decision-making process so as to provide them with a sense of ownership and ensure that they are actively contributing their ideas to a youth strategy,

| Y. | whereas one of the central objectives of YoM is to strengthen European cohesion and produce citizens with an awareness of their European identity, |
| --- | --- |

Y.

whereas one of the central objectives of YoM is to strengthen European cohesion and produce citizens with an awareness of their European identity,

General remarks and financial support

| 1. | Welcomes YoM as a political initiative to foster the existing education, mobility and employment programmes for young people and as an incentive for Member States to reach the targets of the EU 2020 strategy; |
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1.

Welcomes YoM as a political initiative to foster the existing education, mobility and employment programmes for young people and as an incentive for Member States to reach the targets of the EU 2020 strategy;

| 2. | Stresses that YoM encourages higher education establishments to raise their standards by fostering greater cooperation with establishments all around the world, and points out that cooperation with US establishments can be particularly beneficial in this respect; |
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2.

Stresses that YoM encourages higher education establishments to raise their standards by fostering greater cooperation with establishments all around the world, and points out that cooperation with US establishments can be particularly beneficial in this respect;

| 3. | Points out that investing in education is without doubt essential for sustainable growth and development and that, even in times of economic crisis, financing youth programmes and education should not be regarded as a cost to be met now, but rather as an investment in the future of Europe; |
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3.

Points out that investing in education is without doubt essential for sustainable growth and development and that, even in times of economic crisis, financing youth programmes and education should not be regarded as a cost to be met now, but rather as an investment in the future of Europe;

| 4. | Emphasises that the objective of all youth initiatives must be to guide young people so they are successfully integrated into society and to prepare them on a continuous basis for the Europe of the future, which means also giving them opportunities to engage in social activities and to help shape society and making it possible for all young people to enjoy the benefits of schooling, of higher and non-formal education, vocational education and training and of further training that lays stress on meeting the requirements of a modern, competitive, inclusive and sustainable society, in order to make it easier for them to gain access to the labour market; |
| --- | --- |

4.

Emphasises that the objective of all youth initiatives must be to guide young people so they are successfully integrated into society and to prepare them on a continuous basis for the Europe of the future, which means also giving them opportunities to engage in social activities and to help shape society and making it possible for all young people to enjoy the benefits of schooling, of higher and non-formal education, vocational education and training and of further training that lays stress on meeting the requirements of a modern, competitive, inclusive and sustainable society, in order to make it easier for them to gain access to the labour market;

| 5. | Stresses that the crisis must not be used as a reason to cut education costs, since higher-level education for young people is necessary in order to overcome the impact of the crisis; |
| --- | --- |

5.

Stresses that the crisis must not be used as a reason to cut education costs, since higher-level education for young people is necessary in order to overcome the impact of the crisis;

| 6. | Deplores the fact that, according to the Commission, the national schedules drawn up by Member States as a further contribution to meeting the educational objectives of the ‧EU 2020‧ strategy are inadequate; |
| --- | --- |

6.

Deplores the fact that, according to the Commission, the national schedules drawn up by Member States as a further contribution to meeting the educational objectives of the ‧EU 2020‧ strategy are inadequate;

| 7. | Acknowledges the fact that one of the goals of higher education must be to ensure employability, but points out that it must also nurture the creativity and innovativeness of young people and help them to develop intellectually and socially; |
| --- | --- |

7.

Acknowledges the fact that one of the goals of higher education must be to ensure employability, but points out that it must also nurture the creativity and innovativeness of young people and help them to develop intellectually and socially;

| 8. | Recognises that the success of the YoM initiative depends largely on the implementation of its key actions by the Member States; therefore asks the Commission to closely monitor and analyse crucial elements during the implementation process with a view to helping the Member States and ensuring better coordination between them; |
| --- | --- |

8.

Recognises that the success of the YoM initiative depends largely on the implementation of its key actions by the Member States; therefore asks the Commission to closely monitor and analyse crucial elements during the implementation process with a view to helping the Member States and ensuring better coordination between them;

| 9. | Calls on the Commission to report regularly to Parliament on the effectiveness of the YoM key actions and the progress made by Member States; |
| --- | --- |

9.

Calls on the Commission to report regularly to Parliament on the effectiveness of the YoM key actions and the progress made by Member States;

| 10. | Urges the European institutions to set up a strong structured dialogue in the field of education within the Education and Training 2020 framework, to fully involve youth organisations and other stakeholders in the implementation of education measures, in order to follow up YoM in cooperation with young people, and to debate priorities and actions for young people, giving them a stronger role in the decision-making process on issues that affect them; |
| --- | --- |

10.

Urges the European institutions to set up a strong structured dialogue in the field of education within the Education and Training 2020 framework, to fully involve youth organisations and other stakeholders in the implementation of education measures, in order to follow up YoM in cooperation with young people, and to debate priorities and actions for young people, giving them a stronger role in the decision-making process on issues that affect them;

| 11. | Calls on the Commission, in its proposal for a new multiannual financial framework (MFF), to increase progressively investment in mobility and youth programmes, such as Lifelong Learning (Erasmus, Leonardo da Vinci, Comenius, Grundtvig), Marie Curie, Erasmus Mundus and Youth in Action, in their present form, as well as in the European Voluntary Service; calls for these programmes to be promoted more effectively and for their target population groups to be made more aware of the opportunities they provide; calls for continued investment in cooperation with candidate and potential candidate countries and to present a proposal for the next generation of mobility and youth programmes in line with the targets of the EU 2020 strategy; |
| --- | --- |

11.

Calls on the Commission, in its proposal for a new multiannual financial framework (MFF), to increase progressively investment in mobility and youth programmes, such as Lifelong Learning (Erasmus, Leonardo da Vinci, Comenius, Grundtvig), Marie Curie, Erasmus Mundus and Youth in Action, in their present form, as well as in the European Voluntary Service; calls for these programmes to be promoted more effectively and for their target population groups to be made more aware of the opportunities they provide; calls for continued investment in cooperation with candidate and potential candidate countries and to present a proposal for the next generation of mobility and youth programmes in line with the targets of the EU 2020 strategy;

| 12. | Stresses that no young person who has had problems in his or her educational career for whatever reason must be lost to working life, but that such young people must instead receive targeted support; points out that access to education must not be contingent on the social or financial status of a young person’s parents; emphasises the importance of horizontal mobility at all levels of education, both at school and during vocational training; |
| --- | --- |

12.

Stresses that no young person who has had problems in his or her educational career for whatever reason must be lost to working life, but that such young people must instead receive targeted support; points out that access to education must not be contingent on the social or financial status of a young person’s parents; emphasises the importance of horizontal mobility at all levels of education, both at school and during vocational training;

| 13. | Stresses that mobility should be made more attractive and that financial support should be widespread and sufficient, with a special focus on the most disadvantaged; reiterates that this position should be reflected in the next MFF; calls, with a view to enhancing training mobility, for the share of the budget earmarked for the Leonardo Programme to be increased; |
| --- | --- |

13.

Stresses that mobility should be made more attractive and that financial support should be widespread and sufficient, with a special focus on the most disadvantaged; reiterates that this position should be reflected in the next MFF; calls, with a view to enhancing training mobility, for the share of the budget earmarked for the Leonardo Programme to be increased;

| 14. | Emphasises that ambitious funding is necessary to meet the objective of giving everyone the opportunity to undertake part of their education and training abroad; takes the view that education and training must be a priority for the European Union and that this objective should be reflected in the next MFF; |
| --- | --- |

14.

Emphasises that ambitious funding is necessary to meet the objective of giving everyone the opportunity to undertake part of their education and training abroad; takes the view that education and training must be a priority for the European Union and that this objective should be reflected in the next MFF;

| 15. | Calls for the educational programmes aimed at promoting mobility to be extended beyond 2013 and asks the Commission to increase the funding allocated to such programmes when future framework programmes are drawn up; |
| --- | --- |

15.

Calls for the educational programmes aimed at promoting mobility to be extended beyond 2013 and asks the Commission to increase the funding allocated to such programmes when future framework programmes are drawn up;

| 16. | Calls on the European Union to harness its own financial instruments in order to help young people, making better use of the European Investment Bank and the European Investment Fund; |
| --- | --- |

16.

Calls on the European Union to harness its own financial instruments in order to help young people, making better use of the European Investment Bank and the European Investment Fund;

| 17. | Asks Member States to make greater investment in education and training systems at all levels, to support financially the implementation of EU mobility programmes at national level, and to secure or raise the quality of education in general; |
| --- | --- |

17.

Asks Member States to make greater investment in education and training systems at all levels, to support financially the implementation of EU mobility programmes at national level, and to secure or raise the quality of education in general;

| 18. | Is convinced that the Youth in Action Programme is crucial for youth participation in Europe and that this programme should be strengthened and continued; therefore calls on the Commission to maintain a separate Youth in Action Programme in the forthcoming MFF; |
| --- | --- |

18.

Is convinced that the Youth in Action Programme is crucial for youth participation in Europe and that this programme should be strengthened and continued; therefore calls on the Commission to maintain a separate Youth in Action Programme in the forthcoming MFF;

| 19. | Stresses the importance of the YoM initiative, which is instrumental in involving young people in society, and calls on the Commission to make use of the know-how gained from the Youth in Action Programme; |
| --- | --- |

19.

Stresses the importance of the YoM initiative, which is instrumental in involving young people in society, and calls on the Commission to make use of the know-how gained from the Youth in Action Programme;

| 20. | Encourages Member States to target a total investment of at least 2 % of GDP in higher education, as recommended by the Commission in the Annual Growth and Employment Survey, as the minimum required for knowledge-intensive economies; |
| --- | --- |

20.

Encourages Member States to target a total investment of at least 2 % of GDP in higher education, as recommended by the Commission in the Annual Growth and Employment Survey, as the minimum required for knowledge-intensive economies;

| 21. | Draws attention to the importance of flexible education programmes that are compatible with simultaneous employment; |
| --- | --- |

21.

Draws attention to the importance of flexible education programmes that are compatible with simultaneous employment;

Youth and mobility

| 22. | Calls for young people to b actively at all stages of EU programmes, from framing to implementation; |
| --- | --- |

22.

Calls for young people to b actively at all stages of EU programmes, from framing to implementation;

| 23. | Emphasises the importance of young people being included not only in the labour market and the economy, but also in shaping the future of Europe; asks the Commission to come up with a Green Paper on Youth Participation; |
| --- | --- |

23.

Emphasises the importance of young people being included not only in the labour market and the economy, but also in shaping the future of Europe; asks the Commission to come up with a Green Paper on Youth Participation;

| 24. | Agrees that action must be taken at an early age in order to reduce early school-leaving to below 10 %, as agreed under the EU 2020 Strategy, with a special focus on disadvantaged areas; welcomes the Commission proposal for a Council recommendation to support Member States’ efforts to reduce school drop-out rates; |
| --- | --- |

24.

Agrees that action must be taken at an early age in order to reduce early school-leaving to below 10 %, as agreed under the EU 2020 Strategy, with a special focus on disadvantaged areas; welcomes the Commission proposal for a Council recommendation to support Member States’ efforts to reduce school drop-out rates;

| 25. | Emphasises that early school-leaving, as a known factor increasing the risk of future exclusion from both employment and society, must be dramatically reduced; stresses that this phenomenon must be addressed in a multifaceted way, in combination with social measures to enhance education and training in disadvantaged areas; |
| --- | --- |

25.

Emphasises that early school-leaving, as a known factor increasing the risk of future exclusion from both employment and society, must be dramatically reduced; stresses that this phenomenon must be addressed in a multifaceted way, in combination with social measures to enhance education and training in disadvantaged areas;

| 26. | Calls on the EU institutions, in view of the fact that youth mobility can help to support democratic processes, to establish a framework allowing young people from European Neighbourhood Policy (ENP) countries to be involved in the YoM initiative, thus providing young people from both EU Member States and ENP countries with better learning opportunities; |
| --- | --- |

26.

Calls on the EU institutions, in view of the fact that youth mobility can help to support democratic processes, to establish a framework allowing young people from European Neighbourhood Policy (ENP) countries to be involved in the YoM initiative, thus providing young people from both EU Member States and ENP countries with better learning opportunities;

| 27. | Emphasises the importance of also facilitating the mobility of teachers and of workers in the field of youth and education, because they can act as catalysts for the young people coming under their supervision; |
| --- | --- |

27.

Emphasises the importance of also facilitating the mobility of teachers and of workers in the field of youth and education, because they can act as catalysts for the young people coming under their supervision;

| 28. | Recognises the important contribution of regional and local governments to stimulating mobility; |
| --- | --- |

28.

Recognises the important contribution of regional and local governments to stimulating mobility;

| 29. | Calls on the Commission and the Member States also to pay special attention and give support to those who are most at risk, to categories of young people with fewer opportunities and to those seeking a ‘second chance’ to get back into education; |
| --- | --- |

29.

Calls on the Commission and the Member States also to pay special attention and give support to those who are most at risk, to categories of young people with fewer opportunities and to those seeking a ‘second chance’ to get back into education;

| 30. | Calls on the Commission to collect data at national, regional and local levels on the practical barriers to mobility, and to take all necessary steps to remove them in order to ensure high-quality mobility that is accessible to all throughout the entire path of education, including vocational education and training (VET); takes the view that the Mobility Scoreboard proposed by the Commission would be very useful in achieving this objective; |
| --- | --- |

30.

Calls on the Commission to collect data at national, regional and local levels on the practical barriers to mobility, and to take all necessary steps to remove them in order to ensure high-quality mobility that is accessible to all throughout the entire path of education, including vocational education and training (VET); takes the view that the Mobility Scoreboard proposed by the Commission would be very useful in achieving this objective;

| 31. | Encourages the Commission to take more initiatives for youth mobility, also in regions adjacent to the EU; |
| --- | --- |

31.

Encourages the Commission to take more initiatives for youth mobility, also in regions adjacent to the EU;

| 32. | Calls on the Commission to take urgent action to encourage mobility with a view to promoting education, employment and recognition of professional qualifications; |
| --- | --- |

32.

Calls on the Commission to take urgent action to encourage mobility with a view to promoting education, employment and recognition of professional qualifications;

| 33. | Points out the importance of taking measures to ensure that young people, including those who come from disadvantaged areas, are mobile at every stage of their education, that the full portability of grants when they are abroad is guaranteed and that their interim results and qualifications are recognised in all Member States, as suggested in the European Qualifications Framework; |
| --- | --- |

33.

Points out the importance of taking measures to ensure that young people, including those who come from disadvantaged areas, are mobile at every stage of their education, that the full portability of grants when they are abroad is guaranteed and that their interim results and qualifications are recognised in all Member States, as suggested in the European Qualifications Framework;

| 34. | Recognises that disabled young people, as well as young people with children, must be afforded additional support in gaining access to existing mobility programmes and in taking full advantage of them and striking a study-work-life balance; |
| --- | --- |

34.

Recognises that disabled young people, as well as young people with children, must be afforded additional support in gaining access to existing mobility programmes and in taking full advantage of them and striking a study-work-life balance;

| 35. | Recalls that in addition to international mobility, encouragement should be given to internationalisation at home, and support given to the creation of an international cooperation network from the student’s home university and country; emphasises the potential of the virtual mobility of young people as a supplement to geographical mobility; |
| --- | --- |

35.

Recalls that in addition to international mobility, encouragement should be given to internationalisation at home, and support given to the creation of an international cooperation network from the student’s home university and country; emphasises the potential of the virtual mobility of young people as a supplement to geographical mobility;

| 36. | Emphasises the importance of recognising skills obtained through any form of learning, including, non-formal and informal learning, and their role in developing important skills and competences that will guarantee people access to and their adaptability to the needs of the labour market, and calls for skills and competences acquired in this manner to be included in the Mobility Scoreboard; |
| --- | --- |

36.

Emphasises the importance of recognising skills obtained through any form of learning, including, non-formal and informal learning, and their role in developing important skills and competences that will guarantee people access to and their adaptability to the needs of the labour market, and calls for skills and competences acquired in this manner to be included in the Mobility Scoreboard;

| 37. | Recommends encouraging projects that sustain the transmission of knowledge and skills from generation to generation; draws attention to the benefits to be gained from the skills and cultural capital of mobile international students; |
| --- | --- |

37.

Recommends encouraging projects that sustain the transmission of knowledge and skills from generation to generation; draws attention to the benefits to be gained from the skills and cultural capital of mobile international students;

| 38. | Calls on the Commission to present a comprehensive strategy to promote non-formal education and to support providers of non-formal education; |
| --- | --- |

38.

Calls on the Commission to present a comprehensive strategy to promote non-formal education and to support providers of non-formal education;

| 39. | Stresses the importance of mobility in strengthening the feeling of European citizenship, enhancing European culture and European values of mutual respect, broadening the involvement of young people in the democratic process and building a stronger European dimension in young people; |
| --- | --- |

39.

Stresses the importance of mobility in strengthening the feeling of European citizenship, enhancing European culture and European values of mutual respect, broadening the involvement of young people in the democratic process and building a stronger European dimension in young people;

| 40. | Reminds Member States to introduce the learning of the ‘mother tongue plus two’ languages at an early stage in life and in early childhood education; points out that for people without a second language mobility will not become a reality; draws attention to the importance of learning the languages of neighbouring countries; |
| --- | --- |

40.

Reminds Member States to introduce the learning of the ‘mother tongue plus two’ languages at an early stage in life and in early childhood education; points out that for people without a second language mobility will not become a reality; draws attention to the importance of learning the languages of neighbouring countries;

| 41. | Calls on Member States to promote learning and employment mobility by: (a) increasing awareness and making information easily accessible to all those young people interested; (b) highlighting the added value of mobility at the early stages of education; (c) ensuring that learning outcomes from mobility experiences between Member States are validated; and (d) reducing administrative burdens and stimulating cooperation between the relevant authorities across the Member States; |
| --- | --- |

41.

Calls on Member States to promote learning and employment mobility by: (a) increasing awareness and making information easily accessible to all those young people interested; (b) highlighting the added value of mobility at the early stages of education; (c) ensuring that learning outcomes from mobility experiences between Member States are validated; and (d) reducing administrative burdens and stimulating cooperation between the relevant authorities across the Member States;

| 42. | Calls on the Commission to facilitate learning and employment mobility by: (a) strengthening the EU’s education and youth programmes, such as Erasmus, Leonardo and Youth in Action; (b) enhancing the implementation of existing European instruments and tools, such as the European Credit Transfer and Accumulation System (ECTS) and Europass; and (c) developing the new tools that it has already examined, such as the Youth on the Move website, the Youth on the Move card, the European skills passport and the pilot project ‘Your first EURES job’; |
| --- | --- |

42.

Calls on the Commission to facilitate learning and employment mobility by: (a) strengthening the EU’s education and youth programmes, such as Erasmus, Leonardo and Youth in Action; (b) enhancing the implementation of existing European instruments and tools, such as the European Credit Transfer and Accumulation System (ECTS) and Europass; and (c) developing the new tools that it has already examined, such as the Youth on the Move website, the Youth on the Move card, the European skills passport and the pilot project ‘Your first EURES job’;

| 43. | Welcomes the key new actions of the YoM initiative, such as a single central mobility website, a mobility card complementing and reinforcing the success of established youth and student cards and a European Skills Passport which is intended to become an online lifelong learning portfolio, all of which upgrade useful and already existing mobility tools; calls, moreover, for improved visibility for all existing and future programmes; |
| --- | --- |

43.

Welcomes the key new actions of the YoM initiative, such as a single central mobility website, a mobility card complementing and reinforcing the success of established youth and student cards and a European Skills Passport which is intended to become an online lifelong learning portfolio, all of which upgrade useful and already existing mobility tools; calls, moreover, for improved visibility for all existing and future programmes;

European higher education and the Bologna process

| 44. | Stresses the importance of beginning a new, more constructive dialogue between all stakeholders within the Bologna process, taking stock on the basis of its successes, and its problems, in order to further improve it; |
| --- | --- |

44.

Stresses the importance of beginning a new, more constructive dialogue between all stakeholders within the Bologna process, taking stock on the basis of its successes, and its problems, in order to further improve it;

| 45. | Calls on the Commission to widen the focus of the Modernisation Agenda for Universities, and renew the priorities to meet new challenges, such as the social dimension of higher education, promoting student-centred learning and supporting Member States in their efforts to reach the 40 % attainment benchmark; |
| --- | --- |

45.

Calls on the Commission to widen the focus of the Modernisation Agenda for Universities, and renew the priorities to meet new challenges, such as the social dimension of higher education, promoting student-centred learning and supporting Member States in their efforts to reach the 40 % attainment benchmark;

| 46. | Strongly believes that university autonomy is necessary, but simultaneously stresses the responsibility of universities towards society; calls on the Member States to invest in the reform and modernisation of higher education; |
| --- | --- |

46.

Strongly believes that university autonomy is necessary, but simultaneously stresses the responsibility of universities towards society; calls on the Member States to invest in the reform and modernisation of higher education;

| 47. | Draws attention to the need to find a balance between higher education systems, on the one hand, and the needs of the economy and society in general, on the other, and to interlink them through appropriate curricula that equip people with the competences and skills needed for the society and economy of the future; |
| --- | --- |

47.

Draws attention to the need to find a balance between higher education systems, on the one hand, and the needs of the economy and society in general, on the other, and to interlink them through appropriate curricula that equip people with the competences and skills needed for the society and economy of the future;

| 48. | Calls on Member States, regions and local authorities to promote and enhance cooperation between universities, VET centres and the private sector, in order to enhance the ‘university-business’ dialogue and to ensure better coordination between the three corners of the knowledge triangle, namely research, education and innovation; |
| --- | --- |

48.

Calls on Member States, regions and local authorities to promote and enhance cooperation between universities, VET centres and the private sector, in order to enhance the ‘university-business’ dialogue and to ensure better coordination between the three corners of the knowledge triangle, namely research, education and innovation;

| 49. | Emphasises the importance of the existing research and innovation funding programmes under the Framework Programme for Research and Development and cohesion policy, and of ensuring better coordination with education measures; considers, furthermore, that cross-border cooperation is essential to the success of the YoM initiative; calls, therefore, on the stakeholders to make full use of the opportunities available under the cohesion policy’s Territorial Cooperation Objective; |
| --- | --- |

49.

Emphasises the importance of the existing research and innovation funding programmes under the Framework Programme for Research and Development and cohesion policy, and of ensuring better coordination with education measures; considers, furthermore, that cross-border cooperation is essential to the success of the YoM initiative; calls, therefore, on the stakeholders to make full use of the opportunities available under the cohesion policy’s Territorial Cooperation Objective;

| 50. | Stresses the importance of flexible training arrangements, such as open universities and greater use of online further education facilities, thereby giving all young people access to a high standard of education to an advanced level and ensuring that they are not deprived of this opportunity for reasons of distance or scheduling; considers that, given the delayed entry of young people on to the employment market and the problems in ensuring the sustainability of social security schemes, it is extremely important to create suitable conditions for combining study and work; |
| --- | --- |

50.

Stresses the importance of flexible training arrangements, such as open universities and greater use of online further education facilities, thereby giving all young people access to a high standard of education to an advanced level and ensuring that they are not deprived of this opportunity for reasons of distance or scheduling; considers that, given the delayed entry of young people on to the employment market and the problems in ensuring the sustainability of social security schemes, it is extremely important to create suitable conditions for combining study and work;

| 51. | Encourages universities to bring their programmes and structures more closely into line with the specific needs of the labour market, to consider the needs of businesses when developing their curricula and to pursue new methods of cooperation with private and public companies by encouraging the creation of public-private partnerships (PPPs) and sponsorships, while fostering and supporting youth entrepreneurship; |
| --- | --- |

51.

Encourages universities to bring their programmes and structures more closely into line with the specific needs of the labour market, to consider the needs of businesses when developing their curricula and to pursue new methods of cooperation with private and public companies by encouraging the creation of public-private partnerships (PPPs) and sponsorships, while fostering and supporting youth entrepreneurship;

| 52. | Points to the need for universities to develop programmes to encourage entrepreneurship among students via training programmes, and by setting up points of contact with financial players interested in supporting innovative projects; |
| --- | --- |

52.

Points to the need for universities to develop programmes to encourage entrepreneurship among students via training programmes, and by setting up points of contact with financial players interested in supporting innovative projects;

| 53. | Emphasises the importance of promoting entrepreneurship and helping young people to start their own business and of promoting and extending the Erasmus for Young Entrepreneurs programme; recommends, therefore, implementing an EU information campaign in education establishments that covers entrepreneurship, start-up capital, taxation of start-up businesses and continuous training support; |
| --- | --- |

53.

Emphasises the importance of promoting entrepreneurship and helping young people to start their own business and of promoting and extending the Erasmus for Young Entrepreneurs programme; recommends, therefore, implementing an EU information campaign in education establishments that covers entrepreneurship, start-up capital, taxation of start-up businesses and continuous training support;

| 54. | Urges the Commission to establish a database of innovative projects which facilitates exchanges of good practices between projects already tried and tested by Member States or universities, in order to help connect graduates and enterprises and guarantee graduates immediate access to the world of work; |
| --- | --- |

54.

Urges the Commission to establish a database of innovative projects which facilitates exchanges of good practices between projects already tried and tested by Member States or universities, in order to help connect graduates and enterprises and guarantee graduates immediate access to the world of work;

| 55. | Recognises the value in students being offered study grants by private enterprises; |
| --- | --- |

55.

Recognises the value in students being offered study grants by private enterprises;

| 56. | Suggests that, instead of the global university ranking system, the Commission introduces an information-based system on European university programmes which would, among other things, issue regular public reports on the employability of students on each programme and on mobility opportunities; |
| --- | --- |

56.

Suggests that, instead of the global university ranking system, the Commission introduces an information-based system on European university programmes which would, among other things, issue regular public reports on the employability of students on each programme and on mobility opportunities;

| 57. | Urges the Commission to make all the necessary efforts to complete the European Research Area, providing greater support for the mobility of young researchers in order to promote European excellence in the field of research; |
| --- | --- |

57.

Urges the Commission to make all the necessary efforts to complete the European Research Area, providing greater support for the mobility of young researchers in order to promote European excellence in the field of research;

| 58. | Believes that the Member States need to ensure that a system of grants providing access to higher education is available to young men and young women on an equitable basis, with the aim of avoiding any replication of inequalities, and with special emphasis on tertiary education; |
| --- | --- |

58.

Believes that the Member States need to ensure that a system of grants providing access to higher education is available to young men and young women on an equitable basis, with the aim of avoiding any replication of inequalities, and with special emphasis on tertiary education;

Vocational education and training

| 59. | Calls on the Member States to modernise and increase the attractiveness and quality of VET so that it can be better adapted to the current and future needs of the changing labour market, which by 2020 will require new knowledge and skills based on diplomas that should be mutually recognised in all Member States; in that connection, highlights the great success of dual education systems in the Member States concerned; |
| --- | --- |

59.

Calls on the Member States to modernise and increase the attractiveness and quality of VET so that it can be better adapted to the current and future needs of the changing labour market, which by 2020 will require new knowledge and skills based on diplomas that should be mutually recognised in all Member States; in that connection, highlights the great success of dual education systems in the Member States concerned;

| 60. | Emphasises that adapting education systems and vocational training to the future skills requirements of the labour market is one of the keys to combating youth unemployment, and therefore that the transition from school, vocational education and training or higher education to employment must be better prepared and must follow on directly from education or training; takes the view that better cooperation needs to be encouraged between educational establishments, youth organisations, the various labour market sectors and employers, for example with specialists in various fields giving lectures or seminars to familiarise students with their future work; |
| --- | --- |

60.

Emphasises that adapting education systems and vocational training to the future skills requirements of the labour market is one of the keys to combating youth unemployment, and therefore that the transition from school, vocational education and training or higher education to employment must be better prepared and must follow on directly from education or training; takes the view that better cooperation needs to be encouraged between educational establishments, youth organisations, the various labour market sectors and employers, for example with specialists in various fields giving lectures or seminars to familiarise students with their future work;

| 61. | Emphasises, therefore, the major importance of implementing effectively the ‘European Youth Guarantee’ initiative and making it an instrument for active integration into the labour market; stresses that Member States have not so far made any convincing commitment to implementing the European Youth Guarantee initiative and calls on them to do so speedily; |
| --- | --- |

61.

Emphasises, therefore, the major importance of implementing effectively the ‘European Youth Guarantee’ initiative and making it an instrument for active integration into the labour market; stresses that Member States have not so far made any convincing commitment to implementing the European Youth Guarantee initiative and calls on them to do so speedily;

| 62. | Takes the view that mobility for the acquisition of new skills is a strong tool for improving the skills and competences, personal development and active citizenship of young people; takes the view that voluntary mobility in the framework of schooling and vocational training, further training and higher education should therefore be promoted for all young people, irrespective of their financial, social and ethnic background, the type of education or training in which they are engaged, and of their disabilities, health problems or geographical situation, and should be encouraged by means of professional guidance and counselling made available throughout the process; |
| --- | --- |

62.

Takes the view that mobility for the acquisition of new skills is a strong tool for improving the skills and competences, personal development and active citizenship of young people; takes the view that voluntary mobility in the framework of schooling and vocational training, further training and higher education should therefore be promoted for all young people, irrespective of their financial, social and ethnic background, the type of education or training in which they are engaged, and of their disabilities, health problems or geographical situation, and should be encouraged by means of professional guidance and counselling made available throughout the process;

| 63. | Emphasises that mobility must not lead to a lowering of social standards in the host country; emphasises the importance for increased mobility of the mutual recognition of school, vocational training and university diplomas and further training qualifications obtained within the EU; |
| --- | --- |

63.

Emphasises that mobility must not lead to a lowering of social standards in the host country; emphasises the importance for increased mobility of the mutual recognition of school, vocational training and university diplomas and further training qualifications obtained within the EU;

| 64. | Calls for the proper implementation of ECVET, EQF and ECTS; makes it clear that proof of mutual recognition must be granted within 12 months of the date on which the qualification was obtained; points out that Parliament is kept regularly informed by means of the mobility indicators; |
| --- | --- |

64.

Calls for the proper implementation of ECVET, EQF and ECTS; makes it clear that proof of mutual recognition must be granted within 12 months of the date on which the qualification was obtained; points out that Parliament is kept regularly informed by means of the mobility indicators;

| 65. | Stresses the importance of supporting and further enhancing mobility in the field of VET including apprenticeships, by providing VET students and apprentices with information, counselling, guidance and hosting structures when they are abroad; places particular emphasis on the need to set up partnerships with training centres and business organisations with a view to guaranteeing the availability of high-quality mobility opportunities and making them an integral part of learning pathways; |
| --- | --- |

65.

Stresses the importance of supporting and further enhancing mobility in the field of VET including apprenticeships, by providing VET students and apprentices with information, counselling, guidance and hosting structures when they are abroad; places particular emphasis on the need to set up partnerships with training centres and business organisations with a view to guaranteeing the availability of high-quality mobility opportunities and making them an integral part of learning pathways;

| 66. | Highlights the difficulties faced in moving to higher education from VET, and stresses that learning institutions must adapt in order to facilitate this transition; |
| --- | --- |

66.

Highlights the difficulties faced in moving to higher education from VET, and stresses that learning institutions must adapt in order to facilitate this transition;

| 67. | Stresses that by providing them with knowledge and skills VET and higher education and training can improve young people's motivation and optimism as well as help them build their self-esteem; |
| --- | --- |

67.

Stresses that by providing them with knowledge and skills VET and higher education and training can improve young people's motivation and optimism as well as help them build their self-esteem;

Transition from education and training to work

| 68. | Calls on the Commission and the Member States to promote voluntary work by, for example, affording it a firm legal basis and recognising it as time worked, thereby making it a valid option for young people, especially when unemployed; |
| --- | --- |

68.

Calls on the Commission and the Member States to promote voluntary work by, for example, affording it a firm legal basis and recognising it as time worked, thereby making it a valid option for young people, especially when unemployed;

| 69. | Strongly stresses that the smooth entrance of young people on to the labour market depends mainly on the modernisation, including in terms of their curricula, of VET institutions and universities, with a view to ensuring the quality of teaching and matching study programmes to the needs of the labour market; |
| --- | --- |

69.

Strongly stresses that the smooth entrance of young people on to the labour market depends mainly on the modernisation, including in terms of their curricula, of VET institutions and universities, with a view to ensuring the quality of teaching and matching study programmes to the needs of the labour market;

| 70. | Highlights the importance of making university timetables more flexible for students who have already entered the workforce and want to study simultaneously; |
| --- | --- |

70.

Highlights the importance of making university timetables more flexible for students who have already entered the workforce and want to study simultaneously;

| 71. | Emphasises that young people must be given access to VET once in work, thereby enabling them to accumulate training while at work, and that continuous training, a lifelong-learning approach and professional development must be supported from the very first job and that the Member States must be urged to establish independent systems for the provision of advice on further training with a view to guaranteeing that further training becomes the norm; |
| --- | --- |

71.

Emphasises that young people must be given access to VET once in work, thereby enabling them to accumulate training while at work, and that continuous training, a lifelong-learning approach and professional development must be supported from the very first job and that the Member States must be urged to establish independent systems for the provision of advice on further training with a view to guaranteeing that further training becomes the norm;

| 72. | Emphasises that high-quality initial education and vocational training covering all trades and professions increases young people’s job opportunities and guarantees businesses a supply of skilled employees; calls on the Member States to establish appropriate supervisory bodies in order to ensure that such education and training is provided; |
| --- | --- |

72.

Emphasises that high-quality initial education and vocational training covering all trades and professions increases young people’s job opportunities and guarantees businesses a supply of skilled employees; calls on the Member States to establish appropriate supervisory bodies in order to ensure that such education and training is provided;

| 73. | Strongly supports the EU target for 40 % of young people to complete tertiary or equivalent (i.e. higher and vocational) education; |
| --- | --- |

73.

Strongly supports the EU target for 40 % of young people to complete tertiary or equivalent (i.e. higher and vocational) education;

| 74. | Stresses the importance of guidance instruments for young people to help them in their educational and professional choices, from primary school to higher levels of education and training, in order to better prepare them for a smooth transition to active life; takes the view that measures must be taken to strengthen the role of the family and social environment of young people and of their schools in guiding them in their career choices and towards finding an occupation; points out that in many cases individually tailored support, in the form of advice for young people choosing a career and starting work, is required in order to achieve that objective; |
| --- | --- |

74.

Stresses the importance of guidance instruments for young people to help them in their educational and professional choices, from primary school to higher levels of education and training, in order to better prepare them for a smooth transition to active life; takes the view that measures must be taken to strengthen the role of the family and social environment of young people and of their schools in guiding them in their career choices and towards finding an occupation; points out that in many cases individually tailored support, in the form of advice for young people choosing a career and starting work, is required in order to achieve that objective;

| 75. | Invites tertiary education institutions to incorporate a properly paid, high-quality traineeship into study programmes where appropriate in order to enable young people to prepare themselves for working life, and especially in order to enable them to access jobs requiring high-level qualifications; points out that such traineeships must not take the place of real jobs and must offer adequate pay and welfare protection, and stresses the need for labour-market recognition of such traineeships; calls on the Member States to develop policies that promote the recruitment of young people; |
| --- | --- |

75.

Invites tertiary education institutions to incorporate a properly paid, high-quality traineeship into study programmes where appropriate in order to enable young people to prepare themselves for working life, and especially in order to enable them to access jobs requiring high-level qualifications; points out that such traineeships must not take the place of real jobs and must offer adequate pay and welfare protection, and stresses the need for labour-market recognition of such traineeships; calls on the Member States to develop policies that promote the recruitment of young people;

| 76. | Calls on the Commission to promote at European level initiatives to recognise traineeships as a period of employment for social security purposes, as some Member States are already doing; |
| --- | --- |

76.

Calls on the Commission to promote at European level initiatives to recognise traineeships as a period of employment for social security purposes, as some Member States are already doing;

| 77. | Believes it vital to support private sector initiatives aimed at young people, with a view to fostering job creation and social inclusion; |
| --- | --- |

77.

Believes it vital to support private sector initiatives aimed at young people, with a view to fostering job creation and social inclusion;

| 78. | Points to the need to use European history and European culture as prime tools for deepening European integration; |
| --- | --- |

78.

Points to the need to use European history and European culture as prime tools for deepening European integration;

| 79. | Believes that high-quality education and training systems can help to improve young people’s chances of finding a fulfilling job, which will consequently increase their confidence in the future, boost their creativity and, in this way, contribute to the prosperity of society; |
| --- | --- |

79.

Believes that high-quality education and training systems can help to improve young people’s chances of finding a fulfilling job, which will consequently increase their confidence in the future, boost their creativity and, in this way, contribute to the prosperity of society;

| 80. | Recognises the role of local and regional authorities in the field of training and mobility; takes the view that their competences and experience should be seen as complementary to EU action; emphasises that, in order to achieve its goals, the EU should develop a partnership approach, particularly with local and regional authorities; |
| --- | --- |

80.

Recognises the role of local and regional authorities in the field of training and mobility; takes the view that their competences and experience should be seen as complementary to EU action; emphasises that, in order to achieve its goals, the EU should develop a partnership approach, particularly with local and regional authorities;

Employment situation for young people

| 81. | Stresses that the employment situation for young people is dependent on overall economic policies; urges the Member States to shift towards investment and job creation; points out that austerity measures involving, for example, cut backs in the education system and job creation will not help young people and could potentially damage society and the economy in the longer term; |
| --- | --- |

81.

Stresses that the employment situation for young people is dependent on overall economic policies; urges the Member States to shift towards investment and job creation; points out that austerity measures involving, for example, cut backs in the education system and job creation will not help young people and could potentially damage society and the economy in the longer term;

| 82. | Emphasises that close links need to be established between the flagship initiatives which seek to tackle unemployment, such as ‘Youth on the Move’ and ‘New Skills for New Jobs’; believes that the social partners, business representatives, local and regional authorities and youth organisations should be involved in the development of a sustainable strategy to reduce youth unemployment, in which there must be EU-wide mutual formal recognition and certification of the skills reflected in formal and informal qualifications – in line with the EU’s EQF system – and acquired in formal, non-formal and informal learning situations; |
| --- | --- |

82.

Emphasises that close links need to be established between the flagship initiatives which seek to tackle unemployment, such as ‘Youth on the Move’ and ‘New Skills for New Jobs’; believes that the social partners, business representatives, local and regional authorities and youth organisations should be involved in the development of a sustainable strategy to reduce youth unemployment, in which there must be EU-wide mutual formal recognition and certification of the skills reflected in formal and informal qualifications – in line with the EU’s EQF system – and acquired in formal, non-formal and informal learning situations;

| 83. | Emphasises that, as a result of the economic and financial crisis, youth unemployment – the causes of which the ILO does not regard as lying in income and non-wage labour cost levels, participatory rights and social protection standards – became a major challenge across the EU and has not so far been sufficiently addressed by the EU and Member States; stresses that unemployment at a young age puts the individual at a very high risk of poverty in the long term; emphasises the need for quality jobs in order to prevent young people from falling into the category of working poor; |
| --- | --- |

83.

Emphasises that, as a result of the economic and financial crisis, youth unemployment – the causes of which the ILO does not regard as lying in income and non-wage labour cost levels, participatory rights and social protection standards – became a major challenge across the EU and has not so far been sufficiently addressed by the EU and Member States; stresses that unemployment at a young age puts the individual at a very high risk of poverty in the long term; emphasises the need for quality jobs in order to prevent young people from falling into the category of working poor;

| 84. | Stresses that employment and traineeship contracts should provide social rights for all from day one of the contract; rejects any proposal to depart from this principle; stresses that periods of notice must not be shortened, that arrangements laid down in collective agreements and statutory provisions must apply as they do to regular employees, and that participatory rights and freedom of association must be enjoyed without restriction from day one; |
| --- | --- |

84.

Stresses that employment and traineeship contracts should provide social rights for all from day one of the contract; rejects any proposal to depart from this principle; stresses that periods of notice must not be shortened, that arrangements laid down in collective agreements and statutory provisions must apply as they do to regular employees, and that participatory rights and freedom of association must be enjoyed without restriction from day one;

| 85. | Calls for an EU framework laying down rights and protection arrangements for atypical and insecure jobs in a manner consistent with the principle of subsidiarity; |
| --- | --- |

85.

Calls for an EU framework laying down rights and protection arrangements for atypical and insecure jobs in a manner consistent with the principle of subsidiarity;

| 86. | Emphasises that young people must be protected against discrimination at the workplace, especially on the grounds of age and professional experience, through the effective implementation of Directive 2000/78/EC; calls for all Member States to set up a national strategy to tackle youth unemployment; |
| --- | --- |

86.

Emphasises that young people must be protected against discrimination at the workplace, especially on the grounds of age and professional experience, through the effective implementation of Directive 2000/78/EC; calls for all Member States to set up a national strategy to tackle youth unemployment;

| 87. | Emphasises that young people’s main concern is to be independent and to have access to healthcare and decent accommodation at a reasonable price while being able to train, work and develop themselves; calls, therefore, on Member States to eliminate age-related discrimination as regards access to social welfare schemes; |
| --- | --- |

87.

Emphasises that young people’s main concern is to be independent and to have access to healthcare and decent accommodation at a reasonable price while being able to train, work and develop themselves; calls, therefore, on Member States to eliminate age-related discrimination as regards access to social welfare schemes;

| 88. | Reiterates the importance of specific, verifiable objectives combined with adequate financial means for the implementation of the Europe 2020 strategy and the integrated guidelines to reduce youth unemployment; emphasises, therefore, that in their National Reform Programmes the Member States should commit themselves to raising the employment rate for young people between the ages of 15 and 25 by 10 % by 2014 and to increase the youth employment rate (for those not in education) to 75 % by 2020; |
| --- | --- |

88.

Reiterates the importance of specific, verifiable objectives combined with adequate financial means for the implementation of the Europe 2020 strategy and the integrated guidelines to reduce youth unemployment; emphasises, therefore, that in their National Reform Programmes the Member States should commit themselves to raising the employment rate for young people between the ages of 15 and 25 by 10 % by 2014 and to increase the youth employment rate (for those not in education) to 75 % by 2020;

| 89. | Notes that, since some 35 % of all jobs that will become available between now and 2020 will require high qualifications combined with the ability to adapt and innovate, intensive efforts must be made to increase the proportion of people aged between 30 and 34 with a university degree or equivalent qualification to at least 40 %; |
| --- | --- |

89.

Notes that, since some 35 % of all jobs that will become available between now and 2020 will require high qualifications combined with the ability to adapt and innovate, intensive efforts must be made to increase the proportion of people aged between 30 and 34 with a university degree or equivalent qualification to at least 40 %;

| 90. | Recognises that implementing the integrated guidelines is the responsibility of the Member States, whilst the Commission should support and monitor action at national level through the open method of coordination (OMC); takes the view that the target groups and indicators proposed by the Commission in the initiative should be monitored and that the progress made during implementation should be measured by means of clear indicators; |
| --- | --- |

90.

Recognises that implementing the integrated guidelines is the responsibility of the Member States, whilst the Commission should support and monitor action at national level through the open method of coordination (OMC); takes the view that the target groups and indicators proposed by the Commission in the initiative should be monitored and that the progress made during implementation should be measured by means of clear indicators;

| 91. | Takes the view that measures must be taken by the Member States to provide as much information, choice and training as possible to help young people fulfil their potential, but strongly believes this is best delivered by people working on the ground at local level in each Member State; |
| --- | --- |

91.

Takes the view that measures must be taken by the Member States to provide as much information, choice and training as possible to help young people fulfil their potential, but strongly believes this is best delivered by people working on the ground at local level in each Member State;

| 92. | Takes the view that quality career and vocational guidance services must be further developed; stresses the importance of involving the social partners in their design, organisation, delivery and funding in order to ensure labour-market relevance and efficiency; |
| --- | --- |

92.

Takes the view that quality career and vocational guidance services must be further developed; stresses the importance of involving the social partners in their design, organisation, delivery and funding in order to ensure labour-market relevance and efficiency;

| 93. | Stresses the importance in terms of corporate social responsibility of helping young people make sound career choices, taking account of the needs of both the national and the European employment market, and points out that such initiatives could be accompanied by work-experience placements; |
| --- | --- |

93.

Stresses the importance in terms of corporate social responsibility of helping young people make sound career choices, taking account of the needs of both the national and the European employment market, and points out that such initiatives could be accompanied by work-experience placements;

| 94. | Takes the view that occupational choices are still strongly gender-based and that this is a factor adding to gender inequality; stresses that this has an impact both on female unemployment and on poverty; stresses that such gender-based discrimination needs to be overcome; |
| --- | --- |

94.

Takes the view that occupational choices are still strongly gender-based and that this is a factor adding to gender inequality; stresses that this has an impact both on female unemployment and on poverty; stresses that such gender-based discrimination needs to be overcome;

| 95. | Stresses that measures must be taken to present a comprehensive overview of possible educational and training paths and later career choices, for example with the help of equality advisers, and that an attempt must be made from an early age to interest and support girls, in particular, in taking MINT (Mathematics, Informatics, Natural sciences, and Technology) subjects and in areas of strategic importance in professional development terms, and boys in teaching, caring and social professions; |
| --- | --- |

95.

Stresses that measures must be taken to present a comprehensive overview of possible educational and training paths and later career choices, for example with the help of equality advisers, and that an attempt must be made from an early age to interest and support girls, in particular, in taking MINT (Mathematics, Informatics, Natural sciences, and Technology) subjects and in areas of strategic importance in professional development terms, and boys in teaching, caring and social professions;

| 96. | Emphasises that, in the light of the future shortage of skilled workers, specific measures must be taken to foster the potential of girls and women, involving, in particular, specific support programmes which encourage the preparation of girls for scientific and technical professions; |
| --- | --- |

96.

Emphasises that, in the light of the future shortage of skilled workers, specific measures must be taken to foster the potential of girls and women, involving, in particular, specific support programmes which encourage the preparation of girls for scientific and technical professions;

| 97. | Welcomes the greater role played by the EIB in establishing financing programmes for students and in supporting young people setting up their own businesses; believes that the EIB should play an even greater role by investing selectively in high added-value sectors in the Member States and particularly in enterprises that are making the greatest effort to hire young people and provide them with high-quality training; |
| --- | --- |

97.

Welcomes the greater role played by the EIB in establishing financing programmes for students and in supporting young people setting up their own businesses; believes that the EIB should play an even greater role by investing selectively in high added-value sectors in the Member States and particularly in enterprises that are making the greatest effort to hire young people and provide them with high-quality training;

| 98. | Emphasises that young people who have poorer chances of getting started in life, in particular the NEET (Not in Employment, Education or Training) group, must be supported or even mentored with a view to identifying their individual needs and focusing on increasing their integration into the labour market and their access to quality jobs; |
| --- | --- |

98.

Emphasises that young people who have poorer chances of getting started in life, in particular the NEET (Not in Employment, Education or Training) group, must be supported or even mentored with a view to identifying their individual needs and focusing on increasing their integration into the labour market and their access to quality jobs;

| 99. | Considers that free, publicly-funded training places and a standardised system of training assistance can be one effective instrument for integrating particularly disadvantaged young people into the labour market; |
| --- | --- |

99.

Considers that free, publicly-funded training places and a standardised system of training assistance can be one effective instrument for integrating particularly disadvantaged young people into the labour market;

| 100. | Stresses, however, that integration into the first labour market is essential and that any integration measures should aim to promote access to the regular labour market from an early stage onwards, backed by support measures focusing on the needs of individuals; |
| --- | --- |

100.

Stresses, however, that integration into the first labour market is essential and that any integration measures should aim to promote access to the regular labour market from an early stage onwards, backed by support measures focusing on the needs of individuals;

| 101. | Stresses the specific difficulties poor young people face in spending time abroad, owing to financial and linguistic constraints and in some cases discrimination; is convinced that financial support must address the needs of the most disadvantaged in particular; |
| --- | --- |

101.

Stresses the specific difficulties poor young people face in spending time abroad, owing to financial and linguistic constraints and in some cases discrimination; is convinced that financial support must address the needs of the most disadvantaged in particular;

| 102. | Stresses the importance of creating employment opportunities for disabled young people, by establishing suitably adapted training programmes, and of encouraging the provision of more employment grants for this important group of young people, in the interests of helping them to become more integrated and achieve their potential in society; |
| --- | --- |

102.

Stresses the importance of creating employment opportunities for disabled young people, by establishing suitably adapted training programmes, and of encouraging the provision of more employment grants for this important group of young people, in the interests of helping them to become more integrated and achieve their potential in society;

| 103. | Calls on the Member States and the Commission to support information campaigns about education and training possibilities for young people with disabilities, such as the Exchange Ability project developed by the European Disability Forum and the Erasmus Student Network; |
| --- | --- |

103.

Calls on the Member States and the Commission to support information campaigns about education and training possibilities for young people with disabilities, such as the Exchange Ability project developed by the European Disability Forum and the Erasmus Student Network;

| 104. | Emphasises that Eurofound’s 2009-2012 work programme includes the specific project ‘Active inclusion for young people with disabilities or health problems’ and points to the crucial role of training centres offering social and professional skills training for youngsters with disabilities and those who grew up in institutional care; calls for support to be given to the development and use of these training centres where needed; |
| --- | --- |

104.

Emphasises that Eurofound’s 2009-2012 work programme includes the specific project ‘Active inclusion for young people with disabilities or health problems’ and points to the crucial role of training centres offering social and professional skills training for youngsters with disabilities and those who grew up in institutional care; calls for support to be given to the development and use of these training centres where needed;

| 105. | Stresses the need for measures to clarify fully the situation at national and European level regarding young people who are unemployed and not taking part in education or training; calls on the Commission, in cooperation with the Member States, to identify the reasons for the marginalisation of young people and recommend ways of reintegrating them and of taking action to remedy the problem through the achievement over the next 10 years of the relevant objectives with regard to the employability and competitiveness of the European workforce and a reduction in school drop-out rates; |
| --- | --- |

105.

Stresses the need for measures to clarify fully the situation at national and European level regarding young people who are unemployed and not taking part in education or training; calls on the Commission, in cooperation with the Member States, to identify the reasons for the marginalisation of young people and recommend ways of reintegrating them and of taking action to remedy the problem through the achievement over the next 10 years of the relevant objectives with regard to the employability and competitiveness of the European workforce and a reduction in school drop-out rates;

| 106. | Emphasises that traineeships are an appropriate aid in making the right career choice at all stages of the process of choosing an occupation, and draws attention once again to the need to lay down minimum standards for traineeships, for example as regards income and social rights, including social protection and social security arrangements, in order to improve the quality of traineeships and ensure their educational value; |
| --- | --- |

106.

Emphasises that traineeships are an appropriate aid in making the right career choice at all stages of the process of choosing an occupation, and draws attention once again to the need to lay down minimum standards for traineeships, for example as regards income and social rights, including social protection and social security arrangements, in order to improve the quality of traineeships and ensure their educational value;

| 107. | Reiterates its view that traineeships must not replace actual jobs and must be strictly limited in duration; stresses that a legally-binding European quality framework for traineeships covering all forms of education and training is urgently needed in order to prevent trainees from being exploited and that the Commission should present an action plan, with a timetable, incorporating an outline of how this quality framework would be implemented; |
| --- | --- |

107.

Reiterates its view that traineeships must not replace actual jobs and must be strictly limited in duration; stresses that a legally-binding European quality framework for traineeships covering all forms of education and training is urgently needed in order to prevent trainees from being exploited and that the Commission should present an action plan, with a timetable, incorporating an outline of how this quality framework would be implemented;

| 108. | Welcomes the ‘Your first EURES job’ initiative to promote professional mobility, which should be closely linked with the European Vacancy Monitor so that workers and employers have a comprehensive, transparent overview of the EU job market and vacancies can be filled by suitable persons as quickly as possible; points out, however, that this must not lead to a brain drain away from certain parts of the EU; |
| --- | --- |

108.

Welcomes the ‘Your first EURES job’ initiative to promote professional mobility, which should be closely linked with the European Vacancy Monitor so that workers and employers have a comprehensive, transparent overview of the EU job market and vacancies can be filled by suitable persons as quickly as possible; points out, however, that this must not lead to a brain drain away from certain parts of the EU;

| 109. | Emphasises that the EU’s coordinated active labour market measures, such as publicly funded work programmes for young people, and the creation of new, sustainable and good jobs – which are properly remunerated – and new businesses, as well as the promotion of a business culture in schools, incentives for new initiatives, technical assistance for start-ups, administrative simplification to speed up formalities, local service networks to facilitate management, and links with universities and research centres to promote product and process innovation, recognition of voluntary work as professional experience and the promotion of entrepreneurship, are all essential elements in the process of successfully tackling youth unemployment and supporting inclusive growth; |
| --- | --- |

109.

Emphasises that the EU’s coordinated active labour market measures, such as publicly funded work programmes for young people, and the creation of new, sustainable and good jobs – which are properly remunerated – and new businesses, as well as the promotion of a business culture in schools, incentives for new initiatives, technical assistance for start-ups, administrative simplification to speed up formalities, local service networks to facilitate management, and links with universities and research centres to promote product and process innovation, recognition of voluntary work as professional experience and the promotion of entrepreneurship, are all essential elements in the process of successfully tackling youth unemployment and supporting inclusive growth;

| 110. | Emphasises the importance of non-formal and informal learning and education and voluntary work for the development of young people; stresses that the skills gained not only offer young people opportunities in terms of their entry into the world of work, but also enable them to be actively involved in society and to take responsibility for their lives; |
| --- | --- |

110.

Emphasises the importance of non-formal and informal learning and education and voluntary work for the development of young people; stresses that the skills gained not only offer young people opportunities in terms of their entry into the world of work, but also enable them to be actively involved in society and to take responsibility for their lives;

| 111. | Stresses that the ultimate goal of the YoM initiative is not only to improve European education systems and to increase youth employability, but also to create a social environment in which every young person will be able to realise his or her potential and aspirations; |
| --- | --- |

111.

Stresses that the ultimate goal of the YoM initiative is not only to improve European education systems and to increase youth employability, but also to create a social environment in which every young person will be able to realise his or her potential and aspirations;

*

* *

| 112. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

112.

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

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(1)  Texts adopted, P7_TA(2010)0166.

(2)  OJ L 17, 22.1.2010, p. 43.

(3)  OJ C 119, 28.5.2009, p. 2.

(4)  OJ C 135, 26.5.2010, p. 2 and p. 8.

(5)  OJ C 326, 3.12.2010, p. 9.

(6)  CdR 292/2010.

(7)  SOC/395.

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| 7.12.2012 | EN | Official Journal of the European Union | CE 377/89 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/89

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Thursday 12 May 2011Early years learning

P7_TA(2011)0231

European Parliament resolution of 12 May 2011 on Early Years Learning in the European Union (2010/2159(INI))

2012/C 377 E/10

The European Parliament,

| — | having regard to Article 165 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 165 of the Treaty on the Functioning of the European Union,

| — | having regard to Article 14 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Article 14 of the Charter of Fundamental Rights of the European Union,

| — | having regard to the United Nations Convention on the Rights of the Child, in particular Articles 3, 18 and 29 thereof, |
| --- | --- |

—

having regard to the United Nations Convention on the Rights of the Child, in particular Articles 3, 18 and 29 thereof,

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

—

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

| — | having regard to Decision No 1720/2006/EC of the European Parliament and of the Council of 15 November 2006 establishing an action programme in the field of lifelong learning (1), |
| --- | --- |

—

having regard to Decision No 1720/2006/EC of the European Parliament and of the Council of 15 November 2006 establishing an action programme in the field of lifelong learning (1),

| — | having regard to the Commission communication entitled ‘Early Childhood Education and Care: Providing all our children with the best start for the world of tomorrow’ (COM(2011)0066), |
| --- | --- |

—

having regard to the Commission communication entitled ‘Early Childhood Education and Care: Providing all our children with the best start for the world of tomorrow’ (COM(2011)0066),

| — | having regard to the Commission communication to the Council and to Parliament entitled ‘Efficiency and equity in European education and training systems’ (COM(2006)0481), |
| --- | --- |

—

having regard to the Commission communication to the Council and to Parliament entitled ‘Efficiency and equity in European education and training systems’ (COM(2006)0481),

| — | having regard to the opinion of the European Economic and Social Committee of 20 January 2010 on early childhood care and education (2), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 20 January 2010 on early childhood care and education (2),

| — | having regard to the Council conclusions of 11 May 2010 on the social dimension of education and training (3), |
| --- | --- |

—

having regard to the Council conclusions of 11 May 2010 on the social dimension of education and training (3),

| — | having regard to the Council conclusions of 26 November 2009 on the education of children with a migrant background (4), |
| --- | --- |

—

having regard to the Council conclusions of 26 November 2009 on the education of children with a migrant background (4),

| — | having regard to the Council conclusions of 12 May 2009 on a strategic framework for European cooperation in education and training (‘ET 2020’) (5), |
| --- | --- |

—

having regard to the Council conclusions of 12 May 2009 on a strategic framework for European cooperation in education and training (‘ET 2020’) (5),

| — | having regard to the ‘Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council of 21 November 2008 on preparing young people for the 21st century: an agenda for European cooperation on schools’ (6), |
| --- | --- |

—

having regard to the ‘Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council of 21 November 2008 on preparing young people for the 21st century: an agenda for European cooperation on schools’ (6),

| — | having regard to the conclusions of the Barcelona European Council of 15 and 16 March 2002, |
| --- | --- |

—

having regard to the conclusions of the Barcelona European Council of 15 and 16 March 2002,

| — | having regard to its resolution of 23 September 2008 on improving the quality of teacher education (7), |
| --- | --- |

—

having regard to its resolution of 23 September 2008 on improving the quality of teacher education (7),

| — | having regard to its resolution of 24 March 2009 on ‘Multilingualism: an asset for Europe and a shared commitment’ (8), |
| --- | --- |

—

having regard to its resolution of 24 March 2009 on ‘Multilingualism: an asset for Europe and a shared commitment’ (8),

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Culture and Education (A7-0099/2011), |
| --- | --- |

—

having regard to the report of the Committee on Culture and Education (A7-0099/2011),

| A. | whereas children’s early learning lays the foundation for successful lifelong learning, which is central to the achievement of the Europe 2020 targets, |
| --- | --- |

A.

whereas children’s early learning lays the foundation for successful lifelong learning, which is central to the achievement of the Europe 2020 targets,

| B. | whereas children in their earliest years are particularly curious, receptive and willing to learn, and whereas important skills such as the ability to speak and express oneself, as well as social skills, are formed at this age; whereas it is at this age that the foundations for the child’s future educational and occupational career are laid, |
| --- | --- |

B.

whereas children in their earliest years are particularly curious, receptive and willing to learn, and whereas important skills such as the ability to speak and express oneself, as well as social skills, are formed at this age; whereas it is at this age that the foundations for the child’s future educational and occupational career are laid,

| C. | whereas throughout the EU, early childhood education and care (ECEC) is provided in different ways, with various definitions of ‘quality’ which depend heavily on states’ and regions’ cultural values and their interpretation of ‘childhood’, |
| --- | --- |

C.

whereas throughout the EU, early childhood education and care (ECEC) is provided in different ways, with various definitions of ‘quality’ which depend heavily on states’ and regions’ cultural values and their interpretation of ‘childhood’,

| D. | whereas there is a clear link between a poor and disadvantaged background and low educational achievement, and whereas families from such backgrounds have been shown to benefit most from access to ECEC services; whereas these disadvantaged groups are less likely to seek access to ECEC services owing to issues of availability and affordability, |
| --- | --- |

D.

whereas there is a clear link between a poor and disadvantaged background and low educational achievement, and whereas families from such backgrounds have been shown to benefit most from access to ECEC services; whereas these disadvantaged groups are less likely to seek access to ECEC services owing to issues of availability and affordability,

| E. | whereas ECEC tends to receive less attention and lower investment than any other stage of education, despite clear evidence that investment in it brings great returns, |
| --- | --- |

E.

whereas ECEC tends to receive less attention and lower investment than any other stage of education, despite clear evidence that investment in it brings great returns,

| F. | whereas ECEC targets are often overly labour-market-driven, focusing too heavily on the need to increase the numbers of women in work and too loosely on the needs and best interests of the child, |
| --- | --- |

F.

whereas ECEC targets are often overly labour-market-driven, focusing too heavily on the need to increase the numbers of women in work and too loosely on the needs and best interests of the child,

| G. | whereas many households have major difficulties in reconciling family obligations with the constraints of work linked to current changes in the labour market, such as the trend for employees to be required to work atypical and flexible hours and the rise of insecure jobs, |
| --- | --- |

G.

whereas many households have major difficulties in reconciling family obligations with the constraints of work linked to current changes in the labour market, such as the trend for employees to be required to work atypical and flexible hours and the rise of insecure jobs,

| H. | whereas there is a direct link between the well-being of parents and children and the provision, in terms of both quantity and quality, of early years services, |
| --- | --- |

H.

whereas there is a direct link between the well-being of parents and children and the provision, in terms of both quantity and quality, of early years services,

| I. | whereas childcare has traditionally been seen as the natural activity of women, which has led to a predominance of women working in the ECEC field, |
| --- | --- |

I.

whereas childcare has traditionally been seen as the natural activity of women, which has led to a predominance of women working in the ECEC field,

| J. | whereas staff qualifications vary markedly between Member States and between types of providers, and whereas in most Member States there is no obligation on pre-school providers to employ staff with specific qualifications, |
| --- | --- |

J.

whereas staff qualifications vary markedly between Member States and between types of providers, and whereas in most Member States there is no obligation on pre-school providers to employ staff with specific qualifications,

| K. | whereas there has been very little research undertaken at EU level on young children’s education which can inform the development and implementation of EU-wide ECEC policies, |
| --- | --- |

K.

whereas there has been very little research undertaken at EU level on young children’s education which can inform the development and implementation of EU-wide ECEC policies,

Child-centred approach

| 1. | Welcomes the following targets set in the conclusions of the Barcelona European Council: ‘to provide childcare by 2010 to at least 90 % of children between 3 years old and the mandatory school age and at least 33 % of children under 3 years of age’; argues, however, that the Council and the Commission must revise and update these targets, putting the needs and best interests of the child at the centre of their ECEC policies; |
| --- | --- |

1.

Welcomes the following targets set in the conclusions of the Barcelona European Council: ‘to provide childcare by 2010 to at least 90 % of children between 3 years old and the mandatory school age and at least 33 % of children under 3 years of age’; argues, however, that the Council and the Commission must revise and update these targets, putting the needs and best interests of the child at the centre of their ECEC policies;

| 2. | Recognises that the Europe 2020 strategy, which seeks to create an inclusive society by raising employment, lowering school-drop out rates and reducing poverty, cannot be achieved unless all children are given an adequate start in life; |
| --- | --- |

2.

Recognises that the Europe 2020 strategy, which seeks to create an inclusive society by raising employment, lowering school-drop out rates and reducing poverty, cannot be achieved unless all children are given an adequate start in life;

| 3. | Notes that the early years of childhood are critical for cognitive, sensory and motor development, affective and personal development and language acquisition, and also lay the foundations for lifelong learning; recognises that ECEC supports children’s healthy mental and physical development, enabling them to become more balanced human beings; recommends, therefore, that the Member States consider introducing a compulsory year of nursery schooling before the start of schooling proper; |
| --- | --- |

3.

Notes that the early years of childhood are critical for cognitive, sensory and motor development, affective and personal development and language acquisition, and also lay the foundations for lifelong learning; recognises that ECEC supports children’s healthy mental and physical development, enabling them to become more balanced human beings; recommends, therefore, that the Member States consider introducing a compulsory year of nursery schooling before the start of schooling proper;

| 4. | Stresses that the early development of healthy lifestyle behaviours, such as good nutrition habits and appropriate and balanced exercise, can have a profound impact on physical and mental development and be a key determinant of health throughout life; warns against including children too early in certain intensive, results-oriented sports activities; |
| --- | --- |

4.

Stresses that the early development of healthy lifestyle behaviours, such as good nutrition habits and appropriate and balanced exercise, can have a profound impact on physical and mental development and be a key determinant of health throughout life; warns against including children too early in certain intensive, results-oriented sports activities;

| 5. | Recalls the importance of all early learning in the acquisition of knowledge, particularly of languages, multilingualism and linguistic diversity; |
| --- | --- |

5.

Recalls the importance of all early learning in the acquisition of knowledge, particularly of languages, multilingualism and linguistic diversity;

| 6. | Encourages the introduction and retention of innovative pedagogical models for language teaching, particularly multilingual crèches and nursery schools which meet the objective set in Barcelona in 2002, which includes the learning of regional, minority and neighbouring languages; |
| --- | --- |

6.

Encourages the introduction and retention of innovative pedagogical models for language teaching, particularly multilingual crèches and nursery schools which meet the objective set in Barcelona in 2002, which includes the learning of regional, minority and neighbouring languages;

| 7. | Draws attention to the importance of developing and improving educational establishments (after-school facilities) which look after children following pre-school classes; |
| --- | --- |

7.

Draws attention to the importance of developing and improving educational establishments (after-school facilities) which look after children following pre-school classes;

| 8. | Highlights that, in addition to education and care, all children have the right to rest, leisure and play; |
| --- | --- |

8.

Highlights that, in addition to education and care, all children have the right to rest, leisure and play;

Universal provision of ECEC

| 9. | Notes that, according to the Council conclusions of 12 May 2009, educational disadvantage should be addressed by providing high quality early childhood education and targeted support, and by promoting inclusive education; |
| --- | --- |

9.

Notes that, according to the Council conclusions of 12 May 2009, educational disadvantage should be addressed by providing high quality early childhood education and targeted support, and by promoting inclusive education;

| 10. | Recognises that, while disadvantaged social groups may benefit from additional help, provision of ECEC should ideally be universal for all parents and children regardless of their background or financial status; |
| --- | --- |

10.

Recognises that, while disadvantaged social groups may benefit from additional help, provision of ECEC should ideally be universal for all parents and children regardless of their background or financial status;

| 11. | Emphasises that, where appropriate, children with disabilities should participate in mainstream ECEC services, and, where necessary, be offered additional specialist help; |
| --- | --- |

11.

Emphasises that, where appropriate, children with disabilities should participate in mainstream ECEC services, and, where necessary, be offered additional specialist help;

| 12. | Calls on the Member States to implement the UN Convention on the Rights of Persons with Disabilities promptly; |
| --- | --- |

12.

Calls on the Member States to implement the UN Convention on the Rights of Persons with Disabilities promptly;

| 13. | Stresses that the Member States should allow pluralist approaches in the context of the pre-school curriculum and related practice; |
| --- | --- |

13.

Stresses that the Member States should allow pluralist approaches in the context of the pre-school curriculum and related practice;

Engagement with parents

| 14. | Stresses that parents, both mothers and fathers, are equal partners in ECEC; recognises that ECEC services should be fully participative, involving all staff, parents and, where possible, children themselves; |
| --- | --- |

14.

Stresses that parents, both mothers and fathers, are equal partners in ECEC; recognises that ECEC services should be fully participative, involving all staff, parents and, where possible, children themselves;

| 15. | Highlights that the provision of periods of maternity and paternity leave of sufficient length, the implementation of efficient and flexible labour market policies are essential components in effective ECEC policy; |
| --- | --- |

15.

Highlights that the provision of periods of maternity and paternity leave of sufficient length, the implementation of efficient and flexible labour market policies are essential components in effective ECEC policy;

| 16. | Encourages the Member States to invest in parental education programmes and, where appropriate, to provide other forms of assistance, such as home visiting services, for parents who need additional help; maintains, furthermore, that parents should be provided with free, low-threshold, on-site access to advisory services in crèches; |
| --- | --- |

16.

Encourages the Member States to invest in parental education programmes and, where appropriate, to provide other forms of assistance, such as home visiting services, for parents who need additional help; maintains, furthermore, that parents should be provided with free, low-threshold, on-site access to advisory services in crèches;

| 17. | Stresses that cultural activities are a source of enrichment for children, promote dialogue between different cultures and develop a spirit of openness and tolerance; recalls, in this connection, that it is important for teams of professionals working with and for children to carry out intercultural activities with children and their parents; |
| --- | --- |

17.

Stresses that cultural activities are a source of enrichment for children, promote dialogue between different cultures and develop a spirit of openness and tolerance; recalls, in this connection, that it is important for teams of professionals working with and for children to carry out intercultural activities with children and their parents;

| 18. | Notes that children of parents without legal residence status are still not given access to early years learning in all the Member States; |
| --- | --- |

18.

Notes that children of parents without legal residence status are still not given access to early years learning in all the Member States;

| 19. | Calls on the Member States to grant the children of asylum seekers, refugees and persons with subsidiary protection status, or leave to remain on humanitarian grounds, access to early childhood education, so as not to restrict their life chances at the outset; |
| --- | --- |

19.

Calls on the Member States to grant the children of asylum seekers, refugees and persons with subsidiary protection status, or leave to remain on humanitarian grounds, access to early childhood education, so as not to restrict their life chances at the outset;

Better integration of services

| 20. | Encourages the Member States to integrate ECEC services, providing support for their development and for related activities and ensuring better cooperation and coordination between the different institutions and ministries working on early childhood policies and programmes; |
| --- | --- |

20.

Encourages the Member States to integrate ECEC services, providing support for their development and for related activities and ensuring better cooperation and coordination between the different institutions and ministries working on early childhood policies and programmes;

| 21. | Encourages the Member States to allow ECEC services sufficient autonomy to retain their uniqueness and creativity in seeking solutions for the well-being of children; |
| --- | --- |

21.

Encourages the Member States to allow ECEC services sufficient autonomy to retain their uniqueness and creativity in seeking solutions for the well-being of children;

| 22. | Highlights the importance of innovative ECEC services which are local in character and bring together community members from the health, social, education, cultural and other sectors; |
| --- | --- |

22.

Highlights the importance of innovative ECEC services which are local in character and bring together community members from the health, social, education, cultural and other sectors;

| 23. | Calls on the Member States, in synergy with local authorities and non-profit organisations, to promote and finance measures and projects to provide ECEC services to children from disadvantaged social groups, and to monitor and assess them; |
| --- | --- |

23.

Calls on the Member States, in synergy with local authorities and non-profit organisations, to promote and finance measures and projects to provide ECEC services to children from disadvantaged social groups, and to monitor and assess them;

| 24. | Recognises that account needs to be taken of the variety of families’ differing life situations and the concomitant diversity of their needs, and looks to see a diverse, flexible and innovative range of early childhood education and care provision; |
| --- | --- |

24.

Recognises that account needs to be taken of the variety of families’ differing life situations and the concomitant diversity of their needs, and looks to see a diverse, flexible and innovative range of early childhood education and care provision;

| 25. | Calls for the development of a European framework for ECEC services that respects the Member States’ cultural diversity and highlights shared goals and values; |
| --- | --- |

25.

Calls for the development of a European framework for ECEC services that respects the Member States’ cultural diversity and highlights shared goals and values;

Economic benefits

| 26. | Stresses that in an unstable economic climate we must not neglect to invest substantially in ECEC services; emphasises that the Member States should devote appropriate resources to ECEC services; |
| --- | --- |

26.

Stresses that in an unstable economic climate we must not neglect to invest substantially in ECEC services; emphasises that the Member States should devote appropriate resources to ECEC services;

| 27. | Reaffirms that investment in ECEC has been proven to have subsequent economic and social benefits, such as increased tax contributions through a strengthened workforce, along with reduced future health costs, lower crime rates and fewer instances of antisocial behaviour; stresses that prevention is a more effective tool, and more cost-efficient, than intervention at a later stage; |
| --- | --- |

27.

Reaffirms that investment in ECEC has been proven to have subsequent economic and social benefits, such as increased tax contributions through a strengthened workforce, along with reduced future health costs, lower crime rates and fewer instances of antisocial behaviour; stresses that prevention is a more effective tool, and more cost-efficient, than intervention at a later stage;

| 28. | Recognises that quality early years education can help reduce early school leaving, combat the educational disadvantages faced by children from disadvantaged social and cultural groups and reduce the resulting social inequalities, all of which affect society as a whole; notes that young people from vulnerable social groups are particularly at risk; |
| --- | --- |

28.

Recognises that quality early years education can help reduce early school leaving, combat the educational disadvantages faced by children from disadvantaged social and cultural groups and reduce the resulting social inequalities, all of which affect society as a whole; notes that young people from vulnerable social groups are particularly at risk;

| 29. | Emphasises that high-quality ECEC services are a complement to, rather than a substitute for, a strong welfare system incorporating a broad range of anti-poverty tools; calls on the Member States to address societal poverty; |
| --- | --- |

29.

Emphasises that high-quality ECEC services are a complement to, rather than a substitute for, a strong welfare system incorporating a broad range of anti-poverty tools; calls on the Member States to address societal poverty;

Staff and quality services

| 30. | Stresses that the pre-school period is the most important time in a child’s emotional and social development, and that staff working with pre-school children must therefore have appropriate qualifications; emphasises that the well-being and safety of the child is of the utmost importance when recruiting staff; |
| --- | --- |

30.

Stresses that the pre-school period is the most important time in a child’s emotional and social development, and that staff working with pre-school children must therefore have appropriate qualifications; emphasises that the well-being and safety of the child is of the utmost importance when recruiting staff;

| 31. | Notes that the positive effects of early intervention programmes can be sustained in the long term only if they are followed up with high-quality primary and secondary education; |
| --- | --- |

31.

Notes that the positive effects of early intervention programmes can be sustained in the long term only if they are followed up with high-quality primary and secondary education;

| 32. | Recognises that the most notable impact on the quality of ECEC services comes from having qualified and well-trained staff working with young children, and as such calls on the Member States to raise professional standards by introducing recognised qualifications for those working in the ECEC field; notes that other factors, including staff-to-child ratios, group sizes and curriculum content, can also affect quality; |
| --- | --- |

32.

Recognises that the most notable impact on the quality of ECEC services comes from having qualified and well-trained staff working with young children, and as such calls on the Member States to raise professional standards by introducing recognised qualifications for those working in the ECEC field; notes that other factors, including staff-to-child ratios, group sizes and curriculum content, can also affect quality;

| 33. | Recognises the need for more connections and transfers of approach between ECEC educators and primary school teachers, focusing on the continuity of learning methods; |
| --- | --- |

33.

Recognises the need for more connections and transfers of approach between ECEC educators and primary school teachers, focusing on the continuity of learning methods;

| 34. | Calls on the Member States to develop mechanisms for evaluating ECEC provision and ensuring that quality standards are met, in order to improve ECEC services; |
| --- | --- |

34.

Calls on the Member States to develop mechanisms for evaluating ECEC provision and ensuring that quality standards are met, in order to improve ECEC services;

| 35. | Calls, in the context of the implementation of the European Qualifications Framework (EQF), for account to be taken of the quality of education and thus of learning outcomes; calls on the Member States to provide continuous training for those working in the ECEC field in order to increase and update their specific skills; |
| --- | --- |

35.

Calls, in the context of the implementation of the European Qualifications Framework (EQF), for account to be taken of the quality of education and thus of learning outcomes; calls on the Member States to provide continuous training for those working in the ECEC field in order to increase and update their specific skills;

| 36. | Encourages the Member States to ensure that all qualified ECEC staff are ideally paid a salary in line with that of primary school teachers; |
| --- | --- |

36.

Encourages the Member States to ensure that all qualified ECEC staff are ideally paid a salary in line with that of primary school teachers;

| 37. | Calls on the Member States to address the problem of the gendering of care work by implementing policies designed to increase the numbers of men on ECEC courses; |
| --- | --- |

37.

Calls on the Member States to address the problem of the gendering of care work by implementing policies designed to increase the numbers of men on ECEC courses;

Research and exchange of best practices

| 38. | Points out that, despite the existence of empirical data on young children from some Member States (compiled by, inter alia, the National Association for the Education of Young Children, UNICEF, the International Early Years Education Journal and the OECD), there is still a need for a better understanding of childhood development in early years education; calls for further investigation and research across the EU, and for an EU-wide exchange of results, taking into account the cultural diversity of the Member States; |
| --- | --- |

38.

Points out that, despite the existence of empirical data on young children from some Member States (compiled by, inter alia, the National Association for the Education of Young Children, UNICEF, the International Early Years Education Journal and the OECD), there is still a need for a better understanding of childhood development in early years education; calls for further investigation and research across the EU, and for an EU-wide exchange of results, taking into account the cultural diversity of the Member States;

| 39. | Regrets that EU structural funding and schemes such as Comenius, which allow educators to participate in EU-wide exchanges, are not used enough; calls on the Member States to increase awareness of such schemes and funds among ECEC educators; |
| --- | --- |

39.

Regrets that EU structural funding and schemes such as Comenius, which allow educators to participate in EU-wide exchanges, are not used enough; calls on the Member States to increase awareness of such schemes and funds among ECEC educators;

| 40. | Welcomes the Commission’s intention to promote the identification and exchange of good policies and practices through the open method of coordination, as mentioned in its communication on ECEC, and recommends that the Member States cooperate and exchange best practices in order to improve existing ECEC programmes; |
| --- | --- |

40.

Welcomes the Commission’s intention to promote the identification and exchange of good policies and practices through the open method of coordination, as mentioned in its communication on ECEC, and recommends that the Member States cooperate and exchange best practices in order to improve existing ECEC programmes;

*

* *

| 41. | Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States. |
| --- | --- |

41.

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

---

(1)  OJ L 327, 24.11.2006, p. 45.

(2)  OJ C 339, 14.12.2010, p. 1.

(3)  OJ C 135, 26.5.2010, p. 2.

(4)  OJ C 301, 11.12.2009, p. 5.

(5)  OJ C 119, 28.5.2009, p. 2.

(6)  OJ C 319, 13.12.2008, p. 20.

(7)  OJ C 8 E, 14.1.2010, p. 12.

(8)  OJ C 117 E, 6.5.2010, p. 59.

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/95 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/95

---

Thursday 12 May 2011EU-Mauritania Fisheries Partnership Agreement

P7_TA(2011)0232

European Parliament resolution of 12 May 2011 on the EU-Mauritania Fisheries Partnership Agreement

2012/C 377 E/11

The European Parliament,

| — | having regard to Articles 208 and 218 TFEU, |
| --- | --- |

—

having regard to Articles 208 and 218 TFEU,

| — | having regard to the 1982 United Nations Convention on the Law of the Sea, |
| --- | --- |

—

having regard to the 1982 United Nations Convention on the Law of the Sea,

| — | having regard to Council Regulation (EC) No 1801/2006 of 30 November 2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania (1), |
| --- | --- |

—

having regard to Council Regulation (EC) No 1801/2006 of 30 November 2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania (1),

| — | having regard to the November 2010 visit to Mauritania by the Committee on Fisheries, |
| --- | --- |

—

having regard to the November 2010 visit to Mauritania by the Committee on Fisheries,

| — | having regard to the oral question to the Commission concerning the negotiations regarding the renewal of the Fisheries Partnership Agreement between the European Union and Mauritania (O-000038/2011 - B7-0018/2011), |
| --- | --- |

—

having regard to the oral question to the Commission concerning the negotiations regarding the renewal of the Fisheries Partnership Agreement between the European Union and Mauritania (O-000038/2011 - B7-0018/2011),

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

—

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

| A. | whereas the current protocol to the Fisheries Partnership Agreement (FPA) with the Islamic Republic of Mauritania expires on 31 July 2012, and whereas the Commission intends to launch negotiations regarding its renewal, for which it has received a prescriptive mandate from the Council, |
| --- | --- |

A.

whereas the current protocol to the Fisheries Partnership Agreement (FPA) with the Islamic Republic of Mauritania expires on 31 July 2012, and whereas the Commission intends to launch negotiations regarding its renewal, for which it has received a prescriptive mandate from the Council,

| B. | whereas the FPA with Mauritania provided for a financial contribution of EUR 305 million over four years, making it an important international agreement for Mauritania given that EU payments and licence fees constitute about one third of total state income, |
| --- | --- |

B.

whereas the FPA with Mauritania provided for a financial contribution of EUR 305 million over four years, making it an important international agreement for Mauritania given that EU payments and licence fees constitute about one third of total state income,

| C. | whereas the Mauritanian fisheries sector is extremely important to Mauritania’s economy, representing 10 % of the country’s GDP and between 35 and 50 % of its exports, and contributing 29 % of national budget revenue, |
| --- | --- |

C.

whereas the Mauritanian fisheries sector is extremely important to Mauritania’s economy, representing 10 % of the country’s GDP and between 35 and 50 % of its exports, and contributing 29 % of national budget revenue,

| D. | whereas Mauritania is one of the poorest countries in Africa, classified as a Heavily Indebted Poor Country (HIPC) and financially dependent on foreign aid, and has been characterised by considerable political instability, |
| --- | --- |

D.

whereas Mauritania is one of the poorest countries in Africa, classified as a Heavily Indebted Poor Country (HIPC) and financially dependent on foreign aid, and has been characterised by considerable political instability,

| E. | whereas cooperation must be based on mutual interest and take the form of initiatives and measures which, whether taken jointly or separately, are complementary and ensure consistent policies, |
| --- | --- |

E.

whereas cooperation must be based on mutual interest and take the form of initiatives and measures which, whether taken jointly or separately, are complementary and ensure consistent policies,

| F. | whereas, during its recent visit to Mauritania, the Committee on Fisheries was unable to clarify several important issues relating to the country’s fisheries policy, including stock status and the level of fishing activities conducted by Mauritanian and other fleets, |
| --- | --- |

F.

whereas, during its recent visit to Mauritania, the Committee on Fisheries was unable to clarify several important issues relating to the country’s fisheries policy, including stock status and the level of fishing activities conducted by Mauritanian and other fleets,

| G. | whereas, under Articles 61 and 62 of the UN Convention on the Law of the Sea, fisheries are to be managed so as to ‘maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield, as qualified by relevant environmental and economic factors’, |
| --- | --- |

G.

whereas, under Articles 61 and 62 of the UN Convention on the Law of the Sea, fisheries are to be managed so as to ‘maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield, as qualified by relevant environmental and economic factors’,

| H. | whereas the FPA has contributed to the overexploitation of some stocks, particularly octopus, and has therefore reduced fishing opportunities for Mauritanian fishermen and given the EU industry a competitive advantage as a result of subsidised access fees for EU vessels, |
| --- | --- |

H.

whereas the FPA has contributed to the overexploitation of some stocks, particularly octopus, and has therefore reduced fishing opportunities for Mauritanian fishermen and given the EU industry a competitive advantage as a result of subsidised access fees for EU vessels,

| I. | whereas it is essential, when negotiating fishing opportunities under the new protocol, to take into account Mauritania’s relations with third countries which also fish in its exclusive economic zone (EEZ) under bilateral or private agreements, |
| --- | --- |

I.

whereas it is essential, when negotiating fishing opportunities under the new protocol, to take into account Mauritania’s relations with third countries which also fish in its exclusive economic zone (EEZ) under bilateral or private agreements,

| J. | whereas Article 218 TFEU provides for clear conditions under which Parliament should be involved in decisions on fisheries agreements, and whereas these justify Parliament’s wish to contribute to the process, indicating its priorities for the new protocols to be negotiated, |
| --- | --- |

J.

whereas Article 218 TFEU provides for clear conditions under which Parliament should be involved in decisions on fisheries agreements, and whereas these justify Parliament’s wish to contribute to the process, indicating its priorities for the new protocols to be negotiated,

| K. | whereas Annex II of the Framework Agreement on Relations between the European Parliament and the European Commission governs the forwarding of confidential information to Parliament and the handling of such information, as defined in point 1.2 of Annex II, by the Commission in connection with the exercise of Parliament’s prerogatives and competences; whereas the two Institutions are to act in accordance with their mutual duties of sincere cooperation, in a spirit of complete mutual trust and in the strictest conformity with the relevant Treaty provisions, |
| --- | --- |

K.

whereas Annex II of the Framework Agreement on Relations between the European Parliament and the European Commission governs the forwarding of confidential information to Parliament and the handling of such information, as defined in point 1.2 of Annex II, by the Commission in connection with the exercise of Parliament’s prerogatives and competences; whereas the two Institutions are to act in accordance with their mutual duties of sincere cooperation, in a spirit of complete mutual trust and in the strictest conformity with the relevant Treaty provisions,

| L. | whereas, owing to the scant development of the fisheries sector in Mauritania, including the lack of significant landing ports outside Nouadhibou, the country is being deprived of the added value it would obtain if it were exploiting its fishery resources itself (including processing and sales), |
| --- | --- |

L.

whereas, owing to the scant development of the fisheries sector in Mauritania, including the lack of significant landing ports outside Nouadhibou, the country is being deprived of the added value it would obtain if it were exploiting its fishery resources itself (including processing and sales),

| M. | whereas the following lines of support for the fisheries sector in Mauritania have not been implemented satisfactorily: the modernisation and development of small-scale traditional coastal fishing and fishery-related industries; the development of port infrastructure and better conditions for unloading catches; the development of aquaculture projects; and improved monitoring and surveillance at sea, |
| --- | --- |

M.

whereas the following lines of support for the fisheries sector in Mauritania have not been implemented satisfactorily: the modernisation and development of small-scale traditional coastal fishing and fishery-related industries; the development of port infrastructure and better conditions for unloading catches; the development of aquaculture projects; and improved monitoring and surveillance at sea,

| 1. | Welcomes the Commission’s proposal to open negotiations on the renewal of the protocol between the EU and the Islamic Republic of Mauritania, while underlining that it should be maintained only if it is mutually beneficial, adjusted appropriately and implemented correctly; |
| --- | --- |

1.

Welcomes the Commission’s proposal to open negotiations on the renewal of the protocol between the EU and the Islamic Republic of Mauritania, while underlining that it should be maintained only if it is mutually beneficial, adjusted appropriately and implemented correctly;

| 2. | Welcomes the Commission’s proposal to introduce a human rights clause; |
| --- | --- |

2.

Welcomes the Commission’s proposal to introduce a human rights clause;

| 3. | Insists that any and all access negotiated for EU-flagged vessels to fish in Mauritanian waters must be based on the principle of surplus stocks as described in the UN Convention on the Law of the Sea; emphasises, in particular, that there must be a rigorous assessment of all stocks for which access is sought or which are likely to be caught by the EU fleet as a by-catch; stresses that any access granted to the EU must relate to those resources which are unable to be caught by the Mauritanian fleet; emphasises that, should effort reductions be necessary, those third-country (EU and other) fleets causing the most environmental damage must be the first to make reductions; |
| --- | --- |

3.

Insists that any and all access negotiated for EU-flagged vessels to fish in Mauritanian waters must be based on the principle of surplus stocks as described in the UN Convention on the Law of the Sea; emphasises, in particular, that there must be a rigorous assessment of all stocks for which access is sought or which are likely to be caught by the EU fleet as a by-catch; stresses that any access granted to the EU must relate to those resources which are unable to be caught by the Mauritanian fleet; emphasises that, should effort reductions be necessary, those third-country (EU and other) fleets causing the most environmental damage must be the first to make reductions;

| 4. | Insists on receiving reliable data on fishing opportunities and catches by third countries in Mauritanian waters so as to be able to identify any surplus resources; believes that, in the case of those stocks shared with other West African states, levels of fishing access in Mauritania must be negotiated with due regard to fishing levels in the other states; |
| --- | --- |

4.

Insists on receiving reliable data on fishing opportunities and catches by third countries in Mauritanian waters so as to be able to identify any surplus resources; believes that, in the case of those stocks shared with other West African states, levels of fishing access in Mauritania must be negotiated with due regard to fishing levels in the other states;

| 5. | Notes with considerable concern that the ex-post evaluation concluded that most stocks in Mauritania were either fully exploited or over-exploited, and recommended reductions in fishing effort for those stocks; believes that the Joint Scientific Committee should be provided with sufficient resources to do its job; encourages the Commission to discuss with Mauritania the development of long-term fisheries management plans that would include all fishery allocations by the Mauritanian authorities, to both their national fleets and third-country fleets, including the elimination of any fleet over-capacity; |
| --- | --- |

5.

Notes with considerable concern that the ex-post evaluation concluded that most stocks in Mauritania were either fully exploited or over-exploited, and recommended reductions in fishing effort for those stocks; believes that the Joint Scientific Committee should be provided with sufficient resources to do its job; encourages the Commission to discuss with Mauritania the development of long-term fisheries management plans that would include all fishery allocations by the Mauritanian authorities, to both their national fleets and third-country fleets, including the elimination of any fleet over-capacity;

| 6. | Believes that all relevant scientific information, including the reports of the Joint Scientific Committee, data on catches by EU fleets and information on convictions for infringements, should be forwarded to Parliament and be in the public domain; |
| --- | --- |

6.

Believes that all relevant scientific information, including the reports of the Joint Scientific Committee, data on catches by EU fleets and information on convictions for infringements, should be forwarded to Parliament and be in the public domain;

| 7. | Urges the Commission to call on the Mauritanian authorities to give guarantees regarding their interpretation of the control measures; reiterates, in particular, that EU vessels are equipped with vessel monitoring systems (VMS), and that this must be the instrument used to determine their position; emphasises that reliance on approximate visual estimation of the distance to the coast should be prohibited, as it has been shown to be unreliable and led to legal uncertainty for the fleet; stresses that any alternative system should be mutually agreed in advance; believes that position signals should be transmitted directly to the Mauritanian authorities in real time; further believes that the protocol should stipulate that, if a vessel’s VMS system fails, the vessel must have the system repaired within two weeks or have its authorisation to fish suspended until the repairs have been completed; |
| --- | --- |

7.

Urges the Commission to call on the Mauritanian authorities to give guarantees regarding their interpretation of the control measures; reiterates, in particular, that EU vessels are equipped with vessel monitoring systems (VMS), and that this must be the instrument used to determine their position; emphasises that reliance on approximate visual estimation of the distance to the coast should be prohibited, as it has been shown to be unreliable and led to legal uncertainty for the fleet; stresses that any alternative system should be mutually agreed in advance; believes that position signals should be transmitted directly to the Mauritanian authorities in real time; further believes that the protocol should stipulate that, if a vessel’s VMS system fails, the vessel must have the system repaired within two weeks or have its authorisation to fish suspended until the repairs have been completed;

| 8. | Expresses its concern about procedures for the boarding of EU vessels by the Mauritanian authorities, which is a recurrent problem; questions the Mauritanian authorities’ compliance with Chapter VI of Annex II of the protocol, in particular paragraph 3 thereof, which concerns procedures for the boarding of vessels; |
| --- | --- |

8.

Expresses its concern about procedures for the boarding of EU vessels by the Mauritanian authorities, which is a recurrent problem; questions the Mauritanian authorities’ compliance with Chapter VI of Annex II of the protocol, in particular paragraph 3 thereof, which concerns procedures for the boarding of vessels;

| 9. | Asks the Commission to negotiate simultaneously the fishing opportunities for different categories of vessels and the technical measures to be applied in each case, in order to avoid under-use or situations where fishing turns out to be impossible as a result of technical measures, leading to substantial income losses; urges the Commission to ensure that fishing activities under the FPA meet the same sustainability criteria as fishing activities in EU waters, including those relating to selectivity; calls on the Commission to establish a dialogue with Mauritania aimed at helping the country further to develop a responsible fisheries policy which meets both conservation requirements and its objective of promoting the economic development of fisheries resources; |
| --- | --- |

9.

Asks the Commission to negotiate simultaneously the fishing opportunities for different categories of vessels and the technical measures to be applied in each case, in order to avoid under-use or situations where fishing turns out to be impossible as a result of technical measures, leading to substantial income losses; urges the Commission to ensure that fishing activities under the FPA meet the same sustainability criteria as fishing activities in EU waters, including those relating to selectivity; calls on the Commission to establish a dialogue with Mauritania aimed at helping the country further to develop a responsible fisheries policy which meets both conservation requirements and its objective of promoting the economic development of fisheries resources;

| 10. | Calls on the Commission to ensure compliance with the FAO Code of Conduct for Responsible Fisheries, especially as regards the recommendation to grant local artisanal fishers preferential access to resources in Mauritanian waters; |
| --- | --- |

10.

Calls on the Commission to ensure compliance with the FAO Code of Conduct for Responsible Fisheries, especially as regards the recommendation to grant local artisanal fishers preferential access to resources in Mauritanian waters;

| 11. | Encourages Mauritania to ratify the relevant international fisheries instruments, such as the Port States Agreement and the UN Fish Stocks Agreement; |
| --- | --- |

11.

Encourages Mauritania to ratify the relevant international fisheries instruments, such as the Port States Agreement and the UN Fish Stocks Agreement;

| 12. | Believes that fisheries agreements between the EU and third countries should be preceded by a wide-ranging debate in the countries concerned, allowing participation by the public, civil society organisations and national parliaments, thereby promoting greater democracy and transparency; |
| --- | --- |

12.

Believes that fisheries agreements between the EU and third countries should be preceded by a wide-ranging debate in the countries concerned, allowing participation by the public, civil society organisations and national parliaments, thereby promoting greater democracy and transparency;

| 13. | Believes that the money paid as compensation for access to fish stocks in Mauritanian waters must be clearly uncoupled from financial support for the Mauritanian multiannual fisheries programme, in that any reduction in fishing opportunities must not lead to a reduction in EU payments under the multiannual programme; |
| --- | --- |

13.

Believes that the money paid as compensation for access to fish stocks in Mauritanian waters must be clearly uncoupled from financial support for the Mauritanian multiannual fisheries programme, in that any reduction in fishing opportunities must not lead to a reduction in EU payments under the multiannual programme;

| 14. | Further believes that financial support for the Mauritanian multiannual fisheries programme must be in line with Mauritania’s needs for sustainable fisheries development, in particular management (research, control, stakeholder participation mechanisms, infrastructure and so on), as expressed in the EU-Mauritania cooperation and development framework; maintains that financial support under the FPA should support and enhance the EU’s development cooperation objectives, with a view to implementing the EU’s legal obligation under Article 208 TFEU to ensure ‘policy coherence for development’; |
| --- | --- |

14.

Further believes that financial support for the Mauritanian multiannual fisheries programme must be in line with Mauritania’s needs for sustainable fisheries development, in particular management (research, control, stakeholder participation mechanisms, infrastructure and so on), as expressed in the EU-Mauritania cooperation and development framework; maintains that financial support under the FPA should support and enhance the EU’s development cooperation objectives, with a view to implementing the EU’s legal obligation under Article 208 TFEU to ensure ‘policy coherence for development’;

| 15. | Considers it necessary to carry out a comprehensive and detailed evaluation of the reasons for the inadequate achievement of the objectives regarding development cooperation and the various lines of support for the fisheries sector in Mauritania; stresses that this evaluation must involve the Mauritanian authorities; |
| --- | --- |

15.

Considers it necessary to carry out a comprehensive and detailed evaluation of the reasons for the inadequate achievement of the objectives regarding development cooperation and the various lines of support for the fisheries sector in Mauritania; stresses that this evaluation must involve the Mauritanian authorities;

| 16. | Believes that the FPA must include effective oversight mechanisms to ensure that funds earmarked for development, and in particular for infrastructure improvements in the fisheries sector, are used properly; |
| --- | --- |

16.

Believes that the FPA must include effective oversight mechanisms to ensure that funds earmarked for development, and in particular for infrastructure improvements in the fisheries sector, are used properly;

| 17. | Welcomes the Long Distance Regional Advisory Committee’s willingness for ship-owners to pay a fair share of the value of the catch; |
| --- | --- |

17.

Welcomes the Long Distance Regional Advisory Committee’s willingness for ship-owners to pay a fair share of the value of the catch;

| 18. | Recognises the significant investments that both the EU and certain Member States have made and pursued in Mauritania, but calls for greater efforts on the part of both the Commission and the Member States to achieve better coordination of their financial contributions, so as to arrive at real cooperation in the context of Mauritania’s development and avoid uncoordinated duplication; |
| --- | --- |

18.

Recognises the significant investments that both the EU and certain Member States have made and pursued in Mauritania, but calls for greater efforts on the part of both the Commission and the Member States to achieve better coordination of their financial contributions, so as to arrive at real cooperation in the context of Mauritania’s development and avoid uncoordinated duplication;

| 19. | Believes that, as envisaged in Article 6(3) of the current protocol, the EU should support the fastest possible construction of adequate facilities for landing fish along Mauritania’s central and southern coastlines, including – but not limited to – Nouakchott, so that fish caught in Mauritanian waters can be landed at national ports rather than outside the country, as is often the case at present; believes that this will increase local fish consumption and support local employment; |
| --- | --- |

19.

Believes that, as envisaged in Article 6(3) of the current protocol, the EU should support the fastest possible construction of adequate facilities for landing fish along Mauritania’s central and southern coastlines, including – but not limited to – Nouakchott, so that fish caught in Mauritanian waters can be landed at national ports rather than outside the country, as is often the case at present; believes that this will increase local fish consumption and support local employment;

| 20. | Takes the view that these improvements, combined with the removal of wrecks and the modernisation of the major port of Nouadhibou, would enable the EU fleet to operate more effectively, facilitate investment flows and boost the FPA’s impact on the local economy; |
| --- | --- |

20.

Takes the view that these improvements, combined with the removal of wrecks and the modernisation of the major port of Nouadhibou, would enable the EU fleet to operate more effectively, facilitate investment flows and boost the FPA’s impact on the local economy;

| 21. | Underlines the need for Parliament to be wholly involved in both the negotiating process and the long-term monitoring of the functioning of the new protocol, so as to comply with its obligations under the TFEU as regards the full and prompt provision of information to Parliament; recalls its conviction that Parliament should be represented at the Joint Committee meetings envisaged in fisheries agreements, and insists that civil society, including both EU and Mauritanian fisheries representatives, also participate in those meetings; |
| --- | --- |

21.

Underlines the need for Parliament to be wholly involved in both the negotiating process and the long-term monitoring of the functioning of the new protocol, so as to comply with its obligations under the TFEU as regards the full and prompt provision of information to Parliament; recalls its conviction that Parliament should be represented at the Joint Committee meetings envisaged in fisheries agreements, and insists that civil society, including both EU and Mauritanian fisheries representatives, also participate in those meetings;

| 22. | Calls on the Commission to provide Parliament with the ex-post evaluation of the current protocol as an unclassified document, so that its Members can make an informed judgement as to whether the objectives set for this agreement have been achieved and, accordingly, whether they should consent to renewing the protocol; |
| --- | --- |

22.

Calls on the Commission to provide Parliament with the ex-post evaluation of the current protocol as an unclassified document, so that its Members can make an informed judgement as to whether the objectives set for this agreement have been achieved and, accordingly, whether they should consent to renewing the protocol;

| 23. | Instructs its President to forward this resolution to the Commission, the Council, the governments of the Member States and the Government of Mauritania. |
| --- | --- |

23.

Instructs its President to forward this resolution to the Commission, the Council, the governments of the Member States and the Government of Mauritania.

---

(1)  OJ L 343, 8.12.2006, p. 1.

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| 7.12.2012 | EN | Official Journal of the European Union | CE 377/99 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/99

---

Thursday 12 May 2011Public procurement

P7_TA(2011)0233

European Parliament resolution of 12 May 2011 on equal access to public sector markets in the EU and in third countries and on the revision of the legal framework of public procurement including concessions

2012/C 377 E/12

The European Parliament,

| — | having regard to Directives 2004/18/EC and 2004/17/EC on procedures for the award of public contracts and Directives 89/665/EEC, 92/13/EEC and 2007/66/EC on review procedures concerning the award of public contracts, |
| --- | --- |

—

having regard to Directives 2004/18/EC and 2004/17/EC on procedures for the award of public contracts and Directives 89/665/EEC, 92/13/EEC and 2007/66/EC on review procedures concerning the award of public contracts,

| — | having regard to its resolution of 18 May 2010 on new developments in public procurement (1), |
| --- | --- |

—

having regard to its resolution of 18 May 2010 on new developments in public procurement (1),

| — | having regard to the report to the President of the European Commission, José Manuel Barroso, by Professor Mario Monti, entitled ‘A New Strategy for the Single Market – At the Service of Europe's Economy and Society’, |
| --- | --- |

—

having regard to the report to the President of the European Commission, José Manuel Barroso, by Professor Mario Monti, entitled ‘A New Strategy for the Single Market – At the Service of Europe's Economy and Society’,

| — | having regard to the communication of the European Commission ‘Towards a Single Market Act – For a highly competitive social market economy’ (COM(2010)0608), |
| --- | --- |

—

having regard to the communication of the European Commission ‘Towards a Single Market Act – For a highly competitive social market economy’ (COM(2010)0608),

| — | having regard to the Green Paper of the European Commission on the modernisation of EU public procurement policy – Towards a more efficient European Procurement Market (COM(2011)0015), |
| --- | --- |

—

having regard to the Green Paper of the European Commission on the modernisation of EU public procurement policy – Towards a more efficient European Procurement Market (COM(2011)0015),

| — | having regard to Rule 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) of its Rules of Procedure,

| A. | whereas a well-functioning procurement market is of essential importance in order to foster the Single Market, stimulate innovation, foster growth, employment and competitiveness, promote a higher level of environmental, climate and social rights protection throughout the EU, and achieve optimal value for public authorities, citizens and taxpayers, |
| --- | --- |

A.

whereas a well-functioning procurement market is of essential importance in order to foster the Single Market, stimulate innovation, foster growth, employment and competitiveness, promote a higher level of environmental, climate and social rights protection throughout the EU, and achieve optimal value for public authorities, citizens and taxpayers,

| B. | whereas especially in view of overcoming the financial and economic crisis and protecting against any future crisis, public procurement is of crucial relevance, serving as a catalyst for the revitalisation of EU economy and accordingly for employment and welfare in the EU, |
| --- | --- |

B.

whereas especially in view of overcoming the financial and economic crisis and protecting against any future crisis, public procurement is of crucial relevance, serving as a catalyst for the revitalisation of EU economy and accordingly for employment and welfare in the EU,

| C. | whereas a sound and well-considered process of optimising the legal framework for public procurement is of vital importance for the welfare of EU citizens, EU consumers and EU businesses, for national, regional and local public authorities and thus for the acceptance of the EU as a whole, |
| --- | --- |

C.

whereas a sound and well-considered process of optimising the legal framework for public procurement is of vital importance for the welfare of EU citizens, EU consumers and EU businesses, for national, regional and local public authorities and thus for the acceptance of the EU as a whole,

| D. | whereas regarding the multitude of issues within the revision of EU procurement law, different priorities in terms of urgency as well as thematic connection have to be realised in view of ongoing political developments at EU and international level, |
| --- | --- |

D.

whereas regarding the multitude of issues within the revision of EU procurement law, different priorities in terms of urgency as well as thematic connection have to be realised in view of ongoing political developments at EU and international level,

| E. | whereas an extensive set of questions within the traditional framework of public procurement and the closely linked issue of concessions will need a coherent assessment based on a consistent consultation with the stakeholders, |
| --- | --- |

E.

whereas an extensive set of questions within the traditional framework of public procurement and the closely linked issue of concessions will need a coherent assessment based on a consistent consultation with the stakeholders,

| F. | whereas the specific issue of safeguarding equal treatment and fair competition on public procurement markets in the EU and in third countries urgently needs more political attention, especially with a view to current problems regarding access to public sector markets in third countries, slow progress in negotiations on the revision of the WTO Government Procurement Agreement (GPA) and the obvious reluctance of many third countries to join the GPA, |
| --- | --- |

F.

whereas the specific issue of safeguarding equal treatment and fair competition on public procurement markets in the EU and in third countries urgently needs more political attention, especially with a view to current problems regarding access to public sector markets in third countries, slow progress in negotiations on the revision of the WTO Government Procurement Agreement (GPA) and the obvious reluctance of many third countries to join the GPA,

| 1. | Refers to its comments in its resolution of 18 May 2010 on new developments in public procurement, and especially to paragraph 46 of this resolution stating that, while arguing strongly against protectionist measures in the field of public procurement at global level, it firmly believes in the principle of reciprocity, mutual benefit and proportionality in that area; and calls on the Commission to conduct a detailed analysis of the potential benefits and problems associated with imposing proportional, targeted restrictions on access to parts of the EU's procurement markets, an impact assessment analysing when it might be used and an assessment of the legal basis that such an instrument would take for those trading partners which benefit from the openness of the EU market, but have not shown any intention of opening up their own markets to EU companies, while continuing to encourage the partners of the EU to offer reciprocal and proportional market access arrangements for European companies before proposing any other new text in the area of public procurement; |
| --- | --- |

1.

Refers to its comments in its resolution of 18 May 2010 on new developments in public procurement, and especially to paragraph 46 of this resolution stating that, while arguing strongly against protectionist measures in the field of public procurement at global level, it firmly believes in the principle of reciprocity, mutual benefit and proportionality in that area; and calls on the Commission to conduct a detailed analysis of the potential benefits and problems associated with imposing proportional, targeted restrictions on access to parts of the EU's procurement markets, an impact assessment analysing when it might be used and an assessment of the legal basis that such an instrument would take for those trading partners which benefit from the openness of the EU market, but have not shown any intention of opening up their own markets to EU companies, while continuing to encourage the partners of the EU to offer reciprocal and proportional market access arrangements for European companies before proposing any other new text in the area of public procurement;

| 2. | Is of the opinion that the spirit of positive reciprocity and transparency will in effect secure more open public procurement markets and avoid protectionist measures using all existing tools available; |
| --- | --- |

2.

Is of the opinion that the spirit of positive reciprocity and transparency will in effect secure more open public procurement markets and avoid protectionist measures using all existing tools available;

| 3. | Asks the Commission, therefore, to provide data regarding the level of openness of public procurement and to ensure reciprocity with other industrialised countries and major emerging economies; invites the Commission to look into new ways of improving access for European enterprises to public procurement markets outside the EU, in order to ensure a level playing-field for both European and foreign enterprises competing for the award of public contracts; proposes, in more general terms, that future trade agreements negotiated by the Union should incorporate a chapter on sustainable development, drawing on the principles of corporate social responsibility as defined by the 2010 update of the OECD Guidelines for Multinational Enterprises; |
| --- | --- |

3.

Asks the Commission, therefore, to provide data regarding the level of openness of public procurement and to ensure reciprocity with other industrialised countries and major emerging economies; invites the Commission to look into new ways of improving access for European enterprises to public procurement markets outside the EU, in order to ensure a level playing-field for both European and foreign enterprises competing for the award of public contracts; proposes, in more general terms, that future trade agreements negotiated by the Union should incorporate a chapter on sustainable development, drawing on the principles of corporate social responsibility as defined by the 2010 update of the OECD Guidelines for Multinational Enterprises;

| 4. | Is convinced that in order to avoid new protectionist measures which might harm the interests of EU exporters also in fields beyond public sector markets, the Commission should search for adequate measures which will not allow for blanket EU or national counter-measures, but be based on appropriate tools in the area of public procurement; |
| --- | --- |

4.

Is convinced that in order to avoid new protectionist measures which might harm the interests of EU exporters also in fields beyond public sector markets, the Commission should search for adequate measures which will not allow for blanket EU or national counter-measures, but be based on appropriate tools in the area of public procurement;

| 5. | In this regard, calls on the Commission to assess the problems associated with extraordinary low bids and to propose appropriate solutions; |
| --- | --- |

5.

In this regard, calls on the Commission to assess the problems associated with extraordinary low bids and to propose appropriate solutions;

| 6. | Recommends contracting authorities to provide for early and sufficient information to other bidders in cases of abnormally low bids, in order to allow them to assess if there is ground for initiating a review procedure; |
| --- | --- |

6.

Recommends contracting authorities to provide for early and sufficient information to other bidders in cases of abnormally low bids, in order to allow them to assess if there is ground for initiating a review procedure;

| 7. | Sees an urgent need for the EU to achieve better coherence between the common external trade policy of the EU and practices in Member States accepting exceptionally low bids from companies whose home countries are not signatories to the GPA, to the disadvantage of EU companies and labour, social and environmental standards existing in the EU Member States; |
| --- | --- |

7.

Sees an urgent need for the EU to achieve better coherence between the common external trade policy of the EU and practices in Member States accepting exceptionally low bids from companies whose home countries are not signatories to the GPA, to the disadvantage of EU companies and labour, social and environmental standards existing in the EU Member States;

| 8. | With a view to question 114 of the Commission's Green Paper on the modernisation of EU public procurement policy asking for a ranking of priorities amongst the various issues raised in the Green Paper, endorses the importance of achieving effective solutions concerning the need for fair, open and balanced market access whilst promptly addressing other urgent issues, such as simplification and clarification of the rules, improving SME access to public contracts, driving innovation through public procurement and subsequently considering other aspects of the review of public procurement with regard to concessions; therefore calls on the Commission to first approach the issue of simplification of rules, achieving well-balanced access to public sector markets, improving SME access, and to undertake the revision of public procurement and concessions as a second step, in order to allow for the necessary, sound involvement not only of the European Parliament and the Member States, but also of citizens and businesses, with a view to achieving the necessary recognition for all of these important Single Market issues, which are highly relevant for the overall welfare of the EU; |
| --- | --- |

8.

With a view to question 114 of the Commission's Green Paper on the modernisation of EU public procurement policy asking for a ranking of priorities amongst the various issues raised in the Green Paper, endorses the importance of achieving effective solutions concerning the need for fair, open and balanced market access whilst promptly addressing other urgent issues, such as simplification and clarification of the rules, improving SME access to public contracts, driving innovation through public procurement and subsequently considering other aspects of the review of public procurement with regard to concessions; therefore calls on the Commission to first approach the issue of simplification of rules, achieving well-balanced access to public sector markets, improving SME access, and to undertake the revision of public procurement and concessions as a second step, in order to allow for the necessary, sound involvement not only of the European Parliament and the Member States, but also of citizens and businesses, with a view to achieving the necessary recognition for all of these important Single Market issues, which are highly relevant for the overall welfare of the EU;

| 9. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

9.

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

---

(1)  Texts adopted, P7_TA(2010)0173.

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| 7.12.2012 | EN | Official Journal of the European Union | CE 377/101 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/101

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Thursday 12 May 2011European fisheries sector crisis due to rise in oil prices

P7_TA(2011)0234

European Parliament resolution of 12 May 2011 on the European fisheries sector crisis due to the rise in oil prices

2012/C 377 E/13

The European Parliament,

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

—

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

| A. | whereas energy is a significant operating cost factor in the fisheries sector, and whereas the cost of fishing is highly dependent on the price of oil, |
| --- | --- |

A.

whereas energy is a significant operating cost factor in the fisheries sector, and whereas the cost of fishing is highly dependent on the price of oil,

| B. | whereas the recent rise in oil prices has affected the economic viability of the fisheries sector and left many fishermen worrying about how to offset these additional costs; whereas the rise in oil prices is directly affecting fishermen’s incomes, |
| --- | --- |

B.

whereas the recent rise in oil prices has affected the economic viability of the fisheries sector and left many fishermen worrying about how to offset these additional costs; whereas the rise in oil prices is directly affecting fishermen’s incomes,

| C. | whereas the incomes and wages of people working in the fisheries industry are insecure as a result of several factors, such as the irregular nature of fishing, the marketing approaches employed and the way in which first-sale prices are set, which means that certain forms of national and Community public assistance need to be maintained, |
| --- | --- |

C.

whereas the incomes and wages of people working in the fisheries industry are insecure as a result of several factors, such as the irregular nature of fishing, the marketing approaches employed and the way in which first-sale prices are set, which means that certain forms of national and Community public assistance need to be maintained,

| D. | whereas the financial and economic crisis is having an impact on industrial sectors and small and medium-sized enterprises (SMEs) in particular and is jeopardising activity and employment in primary and secondary sectors, |
| --- | --- |

D.

whereas the financial and economic crisis is having an impact on industrial sectors and small and medium-sized enterprises (SMEs) in particular and is jeopardising activity and employment in primary and secondary sectors,

| E. | whereas the Commission has adopted temporary emergency measures in the past to overcome the difficulties faced by the fisheries sector against a background of rising fuel prices, |
| --- | --- |

E.

whereas the Commission has adopted temporary emergency measures in the past to overcome the difficulties faced by the fisheries sector against a background of rising fuel prices,

| F. | whereas the price of fisheries and aquaculture products is determined by the balance between supply and demand, and whereas, owing to the European Union’s high degree of dependency on imports from third countries (60 %) in order to secure supplies for its internal market, producers have very little or even no influence on the price levels of fisheries products, |
| --- | --- |

F.

whereas the price of fisheries and aquaculture products is determined by the balance between supply and demand, and whereas, owing to the European Union’s high degree of dependency on imports from third countries (60 %) in order to secure supplies for its internal market, producers have very little or even no influence on the price levels of fisheries products,

| G. | whereas the Commission authorises Member States to grant de minimis aid, up to a ceiling of EUR 30 000 over a three-year period and per beneficiary, to fishing firms, |
| --- | --- |

G.

whereas the Commission authorises Member States to grant de minimis aid, up to a ceiling of EUR 30 000 over a three-year period and per beneficiary, to fishing firms,

| 1. | Expresses its concern at the difficult economic situation that many European fishermen are facing, which has been further aggravated by the increase in fuel prices; expresses its support for EU fishermen, and calls on the Commission and the Council to take appropriate measures to facilitate their activities; |
| --- | --- |

1.

Expresses its concern at the difficult economic situation that many European fishermen are facing, which has been further aggravated by the increase in fuel prices; expresses its support for EU fishermen, and calls on the Commission and the Council to take appropriate measures to facilitate their activities;

| 2. | Calls on the Commission to adopt emergency measures to alleviate the difficult economic situation in which European fishermen find themselves, also taking into account the financial difficulties that several countries are currently facing; |
| --- | --- |

2.

Calls on the Commission to adopt emergency measures to alleviate the difficult economic situation in which European fishermen find themselves, also taking into account the financial difficulties that several countries are currently facing;

| 3. | Asks the Commission to raise the ceiling on de minimis aid from EUR 30 000 to EUR 60 000 per firm for a transitional period of three years, at the same time ensuring that environmental and social sustainability are not undermined and that competition between Member States is not distorted; |
| --- | --- |

3.

Asks the Commission to raise the ceiling on de minimis aid from EUR 30 000 to EUR 60 000 per firm for a transitional period of three years, at the same time ensuring that environmental and social sustainability are not undermined and that competition between Member States is not distorted;

| 4. | Emphasises the need to make use of all the possibilities and financial margins available under the Community fisheries budget in order to finance emergency support measures for the industry, thereby enabling it to overcome the difficulties posed by the rise in fuel prices until such time as other types of measure are implemented; |
| --- | --- |

4.

Emphasises the need to make use of all the possibilities and financial margins available under the Community fisheries budget in order to finance emergency support measures for the industry, thereby enabling it to overcome the difficulties posed by the rise in fuel prices until such time as other types of measure are implemented;

| 5. | Calls for the introduction of mechanisms to improve the first-sale price and promote the fair and appropriate distribution of added value throughout the value chain in the fisheries sector, boosting the prices paid at the production stage and keeping prices for final consumers as low as possible; |
| --- | --- |

5.

Calls for the introduction of mechanisms to improve the first-sale price and promote the fair and appropriate distribution of added value throughout the value chain in the fisheries sector, boosting the prices paid at the production stage and keeping prices for final consumers as low as possible;

| 6. | Insists that the European Fisheries Fund (EFF) should continue to grant aid to improve the selectivity of fishing gear and to replace engines on grounds of safety, environmental protection and/or fuel economy – above all for small-scale coastal and traditional fishermen; calls on the Commission to draw up a medium- and long-term plan aimed at improving fuel efficiency in the fisheries (including aquaculture) sector; calls, further, on the Commission to include, in its forthcoming proposals on the reform of the CFP and, in particular, its proposal for a regulation on the reform of the EFF, suitable measures to improve fuel efficiency in the fisheries and aquaculture sector; |
| --- | --- |

6.

Insists that the European Fisheries Fund (EFF) should continue to grant aid to improve the selectivity of fishing gear and to replace engines on grounds of safety, environmental protection and/or fuel economy – above all for small-scale coastal and traditional fishermen; calls on the Commission to draw up a medium- and long-term plan aimed at improving fuel efficiency in the fisheries (including aquaculture) sector; calls, further, on the Commission to include, in its forthcoming proposals on the reform of the CFP and, in particular, its proposal for a regulation on the reform of the EFF, suitable measures to improve fuel efficiency in the fisheries and aquaculture sector;

| 7. | Asks the Commission to propose an action plan for coastal regions and islands which have an active fishing sector; |
| --- | --- |

7.

Asks the Commission to propose an action plan for coastal regions and islands which have an active fishing sector;

| 8. | Asks the Commission urgently to propose investments, at both European and national level, in new technologies in order to increase the energy efficiency of fishing vessels and so reduce fishermen’s dependency on fossil fuels; |
| --- | --- |

8.

Asks the Commission urgently to propose investments, at both European and national level, in new technologies in order to increase the energy efficiency of fishing vessels and so reduce fishermen’s dependency on fossil fuels;

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

9.

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

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| 7.12.2012 | EN | Official Journal of the European Union | CE 377/102 |
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7.12.2012

EN

Official Journal of the European Union

CE 377/102

---

Thursday 12 May 2011Small Business Act review

P7_TA(2011)0235

European Parliament resolution of 12 May 2011 on the Small Business Act Review

2012/C 377 E/14

The European Parliament,

| — | having regard to the Commission communication of 23 February 2011 entitled ‘Review of the “Small Business Act” for Europe’ (COM(2011)0078), |
| --- | --- |

—

having regard to the Commission communication of 23 February 2011 entitled ‘Review of the “Small Business Act” for Europe’ (COM(2011)0078),

| — | having regard to its resolution of 10 March 2009 on the Small Business Act (1), |
| --- | --- |

—

having regard to its resolution of 10 March 2009 on the Small Business Act (1),

| — | having regard to its resolution of 16 February 2011 on practical aspects regarding the revision of EU instruments to support SME finance in the next programming period (2), |
| --- | --- |

—

having regard to its resolution of 16 February 2011 on practical aspects regarding the revision of EU instruments to support SME finance in the next programming period (2),

| — | having regard to its resolution of 9 March 2011 on an Industrial Policy for the Globalised Era (3), |
| --- | --- |

—

having regard to its resolution of 9 March 2011 on an Industrial Policy for the Globalised Era (3),

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

—

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

| A. | whereas the 23 million small and medium-sized enterprises (SMEs) in the EU, which account for around 99 % of all businesses and provide over 100 million jobs, make a fundamental contribution to economic growth, social cohesion and job creation, are a major source of innovation, play a vital role in sustaining and increasing employment, and contribute to achieving the main goals of the EU 2020 flagship initiatives, |
| --- | --- |

A.

whereas the 23 million small and medium-sized enterprises (SMEs) in the EU, which account for around 99 % of all businesses and provide over 100 million jobs, make a fundamental contribution to economic growth, social cohesion and job creation, are a major source of innovation, play a vital role in sustaining and increasing employment, and contribute to achieving the main goals of the EU 2020 flagship initiatives,

| B. | whereas the Small Business Act (SBA) is based on a number of important policy pillars, such as access to finance, access to markets (single market, international markets, public procurement) and better regulation; whereas progress within Member States in taking concrete steps to improve the business environment for SMEs is variable and often marginal in spite of declared political commitment to the SBA principles, |
| --- | --- |

B.

whereas the Small Business Act (SBA) is based on a number of important policy pillars, such as access to finance, access to markets (single market, international markets, public procurement) and better regulation; whereas progress within Member States in taking concrete steps to improve the business environment for SMEs is variable and often marginal in spite of declared political commitment to the SBA principles,

| C. | whereas SMEs continue to face significant problems in extending their activities, improving their ability to innovate and accessing markets, which stem primarily from their difficulties in obtaining financing as well as persistent administrative burdens that should be further reduced, |
| --- | --- |

C.

whereas SMEs continue to face significant problems in extending their activities, improving their ability to innovate and accessing markets, which stem primarily from their difficulties in obtaining financing as well as persistent administrative burdens that should be further reduced,

| D. | whereas the Competitiveness and Innovation Framework Programme (CIP) has proved successful, with 100 000 participating SMEs benefiting from the programme and further ones expected to do so by the end of its term in 2013, |
| --- | --- |

D.

whereas the Competitiveness and Innovation Framework Programme (CIP) has proved successful, with 100 000 participating SMEs benefiting from the programme and further ones expected to do so by the end of its term in 2013,

SBA implementation

| 1. | Welcomes the Commission review of the SBA and expresses support for the new proposals focused on further improving access to finance, enhancing market access and continuing debureaucratisation through strengthened governance and monitoring and through smart regulation and measures such as the SME performance review; |
| --- | --- |

1.

Welcomes the Commission review of the SBA and expresses support for the new proposals focused on further improving access to finance, enhancing market access and continuing debureaucratisation through strengthened governance and monitoring and through smart regulation and measures such as the SME performance review;

| 2. | Welcomes, furthermore, the successful adoption of almost all legislative proposals under the SBA; strongly urges the Member States to adopt without delay the last remaining proposal on the European Private Company Statute, which would enable SMEs to trade throughout the EU while cutting costs and encouraging growth in this area, promoting the 25 % reduction of administrative burden indicated in the SBA, contributing to the effectiveness of the Single Market Act, counteracting any protectionist economic policies of Member States and stimulating business; |
| --- | --- |

2.

Welcomes, furthermore, the successful adoption of almost all legislative proposals under the SBA; strongly urges the Member States to adopt without delay the last remaining proposal on the European Private Company Statute, which would enable SMEs to trade throughout the EU while cutting costs and encouraging growth in this area, promoting the 25 % reduction of administrative burden indicated in the SBA, contributing to the effectiveness of the Single Market Act, counteracting any protectionist economic policies of Member States and stimulating business;

| 3. | Urges Member States to swiftly implement the revised Late Payments Directive to effectively combat late payments and their negative effects in particular on SMEs; in this regard also calls on the Commission to implement the approved pilot project to support SMEs in setting up efficient credit management systems, facilitating cross-border debt recovery; |
| --- | --- |

3.

Urges Member States to swiftly implement the revised Late Payments Directive to effectively combat late payments and their negative effects in particular on SMEs; in this regard also calls on the Commission to implement the approved pilot project to support SMEs in setting up efficient credit management systems, facilitating cross-border debt recovery;

| 4. | Points out that the level of implementation of measures foreseen in the SBA varies from one Member State to another; to this end, strongly urges Member States to step up their efforts in that direction and to make concrete commitments at the next Competitiveness Council; |
| --- | --- |

4.

Points out that the level of implementation of measures foreseen in the SBA varies from one Member State to another; to this end, strongly urges Member States to step up their efforts in that direction and to make concrete commitments at the next Competitiveness Council;

| 5. | Considers that the Commission's regular monitoring has to ensure that implementation is carried out in a systematic and comprehensive manner; believes that the Commission should dispose of more effective tools to encourage the Member States to implement the principles of the SBA and calls on it to report annually on progress in SBA implementation at both the European and Member State levels; |
| --- | --- |

5.

Considers that the Commission's regular monitoring has to ensure that implementation is carried out in a systematic and comprehensive manner; believes that the Commission should dispose of more effective tools to encourage the Member States to implement the principles of the SBA and calls on it to report annually on progress in SBA implementation at both the European and Member State levels;

| 6. | Welcomes the appointment of the new SME Envoy by the Commission, and supports his mandate to monitor the progress of the Member States in the implementation of the SBA and to promote SMEs' interests throughout the whole Commission, ensuring in particular that the ‧Think Small First‧ principle is being applied effectively; calls on Member States to appoint national SME Envoys to coordinate SME policies and control the implementation of the SBA across different administrations; |
| --- | --- |

6.

Welcomes the appointment of the new SME Envoy by the Commission, and supports his mandate to monitor the progress of the Member States in the implementation of the SBA and to promote SMEs' interests throughout the whole Commission, ensuring in particular that the ‧Think Small First‧ principle is being applied effectively; calls on Member States to appoint national SME Envoys to coordinate SME policies and control the implementation of the SBA across different administrations;

| 7. | Calls on the Commission, in view of the transversal role of SME policy and to ensure policy consistency, to nominate Deputy Directors-General for SME affairs in relevant DGs (such as Research, Environment, Internal Market, Employment, Trade) who would collaborate closely with the SME Envoy; |
| --- | --- |

7.

Calls on the Commission, in view of the transversal role of SME policy and to ensure policy consistency, to nominate Deputy Directors-General for SME affairs in relevant DGs (such as Research, Environment, Internal Market, Employment, Trade) who would collaborate closely with the SME Envoy;

| 8. | Is concerned that the SME test, according to the Commission, has not been applied properly and consistently in all new legislative proposals, particularly at the national level; calls therefore on the Member States and the Commission to ensure that all new legislation is evaluated in terms of its potential impact on SMEs and that the SME test is applied regularly as part of impact assessments; calls further on the Commission to put forward minimum standards and requirements, based on best practice, for the SME test to be applied at the EU and national level; |
| --- | --- |

8.

Is concerned that the SME test, according to the Commission, has not been applied properly and consistently in all new legislative proposals, particularly at the national level; calls therefore on the Member States and the Commission to ensure that all new legislation is evaluated in terms of its potential impact on SMEs and that the SME test is applied regularly as part of impact assessments; calls further on the Commission to put forward minimum standards and requirements, based on best practice, for the SME test to be applied at the EU and national level;

| 9. | Stresses that impact assessments including the SME test need to be carried out in an independent manner and to be always based on an objective, reasoned analysis of potential effects; considers therefore that members of the Impact Assessment Board should be appointed by the European Parliament and the Council on the basis of a Commission proposal, and no longer subject to the instructions of the Commission President; suggests that the SME Envoy should be a permanent member of the Impact Assessment Board to overview the proper execution of the SME test; |
| --- | --- |

9.

Stresses that impact assessments including the SME test need to be carried out in an independent manner and to be always based on an objective, reasoned analysis of potential effects; considers therefore that members of the Impact Assessment Board should be appointed by the European Parliament and the Council on the basis of a Commission proposal, and no longer subject to the instructions of the Commission President; suggests that the SME Envoy should be a permanent member of the Impact Assessment Board to overview the proper execution of the SME test;

Smart regulation

| 10. | Warns against continued bureaucracy and administrative burdens which present a major impediment for SMEs; welcomes the view of the Commission that Member States should avoid ‘gold-plating’ by exceeding the requirements of EU legislation when transposing Directives into national law; is of the opinion that Member States should apply correlation tables when transposing European directives into national laws, thus clearly showing which part of the proposal stems from European and which form additional national legislation; |
| --- | --- |

10.

Warns against continued bureaucracy and administrative burdens which present a major impediment for SMEs; welcomes the view of the Commission that Member States should avoid ‘gold-plating’ by exceeding the requirements of EU legislation when transposing Directives into national law; is of the opinion that Member States should apply correlation tables when transposing European directives into national laws, thus clearly showing which part of the proposal stems from European and which form additional national legislation;

| 11. | Stresses the importance of e-government and the ‘only once’ principle, whereby Member State authorities should not duplicate demands for information; |
| --- | --- |

11.

Stresses the importance of e-government and the ‘only once’ principle, whereby Member State authorities should not duplicate demands for information;

| 12. | Welcomes the renewed Commission effort in its Communication to push forward the reduction of administrative burdens on SMEs at the national level since not all Member States have introduced, or are meeting, national reduction targets; calls on Member States for stronger political commitment in establishing, and greater effort in enforcing, these targets; |
| --- | --- |

12.

Welcomes the renewed Commission effort in its Communication to push forward the reduction of administrative burdens on SMEs at the national level since not all Member States have introduced, or are meeting, national reduction targets; calls on Member States for stronger political commitment in establishing, and greater effort in enforcing, these targets;

| 13. | Stresses that administrative burden is relatively higher the smaller the size of the company and calls therefore for the differentiation between micro-, small and medium sized businesses; underlines that microbusinesses (< 10 employees) constitute 91.8 % of all EU businesses and therefore deserve more attention and the corresponding tailored approach; |
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13.

Stresses that administrative burden is relatively higher the smaller the size of the company and calls therefore for the differentiation between micro-, small and medium sized businesses; underlines that microbusinesses (< 10 employees) constitute 91.8 % of all EU businesses and therefore deserve more attention and the corresponding tailored approach;

Access to finance

| 14. | Underlines that a successful strategy to foster innovative SMEs should not be based on offering more subsidies but on creating a business environment where SMEs have real, stimulating, exciting, low-cost, effective, holistic and comprehensive freedom and better access to all forms of funding and financing instruments, such as grants, guarantees and equity financing; notes that a certain level of failure is inherent in innovation, and therefore stresses the importance of ‧second chance‧ finance for non-fraudulent, failed SME entrepreneurs; |
| --- | --- |

14.

Underlines that a successful strategy to foster innovative SMEs should not be based on offering more subsidies but on creating a business environment where SMEs have real, stimulating, exciting, low-cost, effective, holistic and comprehensive freedom and better access to all forms of funding and financing instruments, such as grants, guarantees and equity financing; notes that a certain level of failure is inherent in innovation, and therefore stresses the importance of ‧second chance‧ finance for non-fraudulent, failed SME entrepreneurs;

| 15. | Calls in particular for improving access to financial support for the initial stages of innovation in the form seed and angel funding, more equity and quasi-equity financing for start-ups and small innovative companies at the European, regional and local level; stresses the need, as regards these aspects, to set up a European Fund for Venture Capital; considers that the Union should expand the permanent risk-sharing products offered by the European Investment Bank (EIB) via the Risk Sharing Finance Facility (RSFF); highlights the important role that the EIB could play, in particular by fostering programmes such as JASMINE and JEREMIE, which can provide sustainable support to meet SMEs’ needs; |
| --- | --- |

15.

Calls in particular for improving access to financial support for the initial stages of innovation in the form seed and angel funding, more equity and quasi-equity financing for start-ups and small innovative companies at the European, regional and local level; stresses the need, as regards these aspects, to set up a European Fund for Venture Capital; considers that the Union should expand the permanent risk-sharing products offered by the European Investment Bank (EIB) via the Risk Sharing Finance Facility (RSFF); highlights the important role that the EIB could play, in particular by fostering programmes such as JASMINE and JEREMIE, which can provide sustainable support to meet SMEs’ needs;

| 16. | Considers that, in order to ensure that the new Basel III requirements on banks have no impact on their funding for SMEs, specific attention should be paid to a comprehensive SME test as part of the impact assessment for the CRD IV regulation currently being prepared, and to the identification of measures to ensure that banks continue to perform their societal function of financing the real economy, and that more emphasis is needed at EU level on providing guarantee schemes as an alternative financing method; |
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16.

Considers that, in order to ensure that the new Basel III requirements on banks have no impact on their funding for SMEs, specific attention should be paid to a comprehensive SME test as part of the impact assessment for the CRD IV regulation currently being prepared, and to the identification of measures to ensure that banks continue to perform their societal function of financing the real economy, and that more emphasis is needed at EU level on providing guarantee schemes as an alternative financing method;

| 17. | Welcomes, in this respect, the fact that the EIB entrusted EUR 1 billion to be invested on its behalf by the European Investment Fund as Mezzanine Facility for Growth through investment funds targeting growing, innovative and competitive SMEs across Europe; calls therefore for a further increase in funding for these financial instruments, as they help promote innovation which is the basis for European competitiveness; |
| --- | --- |

17.

Welcomes, in this respect, the fact that the EIB entrusted EUR 1 billion to be invested on its behalf by the European Investment Fund as Mezzanine Facility for Growth through investment funds targeting growing, innovative and competitive SMEs across Europe; calls therefore for a further increase in funding for these financial instruments, as they help promote innovation which is the basis for European competitiveness;

| 18. | Strongly supports the CIP and its proven success and warns about a possible impact on its efficiency and flexibility if its structure is to be changed following its potential merger into the future EU research programme; calls for the CIP to remain an independent flagship programme for SMEs; a specific SBA budget line should be implemented in the future CIP programme to finance specific SBA priorities; |
| --- | --- |

18.

Strongly supports the CIP and its proven success and warns about a possible impact on its efficiency and flexibility if its structure is to be changed following its potential merger into the future EU research programme; calls for the CIP to remain an independent flagship programme for SMEs; a specific SBA budget line should be implemented in the future CIP programme to finance specific SBA priorities;

| 19. | Regrets that by the end of 2009 only 75 % of the total amount of EUR 21 billion worth of financial support was made fully available – through intermediary banks – for only 50 000 SMEs out of 23 million; therefore, calls for measures to make the payment mechanism, especially the intermediary partnerbank system, more transparent, accessible and efficient to avoid the emergence of deficits and to be able to the meet the target of lending the full amount of EUR 30 billion to SMEs between 2008 in 2011; |
| --- | --- |

19.

Regrets that by the end of 2009 only 75 % of the total amount of EUR 21 billion worth of financial support was made fully available – through intermediary banks – for only 50 000 SMEs out of 23 million; therefore, calls for measures to make the payment mechanism, especially the intermediary partnerbank system, more transparent, accessible and efficient to avoid the emergence of deficits and to be able to the meet the target of lending the full amount of EUR 30 billion to SMEs between 2008 in 2011;

Access to markets

| 20. | Welcomes the adoption of the Single Market Act, based on an initiative of the European Parliament, in line with the Monti report; welcomes in particular legislative measures enabling SMEs to reap the full benefits of the single market, such as European rules for venture capital funds, a common consolidated corporate tax base (CCCTB), revised VAT rules and a simplification of the Accounting Directives; urges the Council to make a strong commitment to the implementation of the Single Market Act, in particular the adoption of its priority measures by the end of 2012; calls on the Commission and the Council to carefully consider the interests of SMEs for all measures throughout this process; |
| --- | --- |

20.

Welcomes the adoption of the Single Market Act, based on an initiative of the European Parliament, in line with the Monti report; welcomes in particular legislative measures enabling SMEs to reap the full benefits of the single market, such as European rules for venture capital funds, a common consolidated corporate tax base (CCCTB), revised VAT rules and a simplification of the Accounting Directives; urges the Council to make a strong commitment to the implementation of the Single Market Act, in particular the adoption of its priority measures by the end of 2012; calls on the Commission and the Council to carefully consider the interests of SMEs for all measures throughout this process;

| 21. | Urges the Commission to strengthen and expand the role of the Enterprise Europe Network (EEN) in order to assist and support small businesses in all efforts relating to the more effective exploitation of the opportunities offered by the single market; |
| --- | --- |

21.

Urges the Commission to strengthen and expand the role of the Enterprise Europe Network (EEN) in order to assist and support small businesses in all efforts relating to the more effective exploitation of the opportunities offered by the single market;

| 22. | Considers that the dialogue between SMEs and public procurers should be strengthened in view of facilitating the participation of SMEs in contract award procedures; in this sense, suggests exploring options assisting SMEs to form partnerships and consortia and to bid jointly in public tenders; calls on the Commission to carry out an impact assessment and to examine the thresholds for EU public procurement, which will allow SMEs to participate in contracts that would otherwise be subject to specific requirements and thus unattainable for them; calls on the Commission to examine how to improve the publication of all public procurement notices throughout Europe and to eliminate the administrative burden that prevents European firms from engaging in cross-border public procurement; calls on all Member States to more systematically apply the ‧European Code of Good Practice facilitating SMEs’ access to public procurement‧; |
| --- | --- |

22.

Considers that the dialogue between SMEs and public procurers should be strengthened in view of facilitating the participation of SMEs in contract award procedures; in this sense, suggests exploring options assisting SMEs to form partnerships and consortia and to bid jointly in public tenders; calls on the Commission to carry out an impact assessment and to examine the thresholds for EU public procurement, which will allow SMEs to participate in contracts that would otherwise be subject to specific requirements and thus unattainable for them; calls on the Commission to examine how to improve the publication of all public procurement notices throughout Europe and to eliminate the administrative burden that prevents European firms from engaging in cross-border public procurement; calls on all Member States to more systematically apply the ‧European Code of Good Practice facilitating SMEs’ access to public procurement‧;

| 23. | Calls on the Commission, in the forthcoming proposals for the modernisation of the European standardisation system, to ensure SMEs’ interests are adequately represented in the European standardisation bodies and to make standards more accessible for SMEs; |
| --- | --- |

23.

Calls on the Commission, in the forthcoming proposals for the modernisation of the European standardisation system, to ensure SMEs’ interests are adequately represented in the European standardisation bodies and to make standards more accessible for SMEs;

| 24. | Stresses the role of initiatives such as the Small Business Research Initiative (SBRI) in assisting public sector bodies to procure research and development from small businesses with a view to establishing solutions to public needs while fostering the development of innovative products and services; |
| --- | --- |

24.

Stresses the role of initiatives such as the Small Business Research Initiative (SBRI) in assisting public sector bodies to procure research and development from small businesses with a view to establishing solutions to public needs while fostering the development of innovative products and services;

SME support

| 25. | Reiterates its previous call for the establishment of national dedicated physical or electronic information contact points and support agencies for SMEs in line with the ‘one-stop shop’ principle, offering access to various sources of information and support services, structured according to the life-cycle of a business; |
| --- | --- |

25.

Reiterates its previous call for the establishment of national dedicated physical or electronic information contact points and support agencies for SMEs in line with the ‘one-stop shop’ principle, offering access to various sources of information and support services, structured according to the life-cycle of a business;

| 26. | Considers that small businesses should be assisted to increase their ability to compete in international markets by: enhancing their ability to export; disseminating information concerning programs and initiatives facilitating international market access and penetration of SME goods and services; ensuring that the interests of small businesses are adequately represented in bilateral and multilateral trade negotiations; |
| --- | --- |

26.

Considers that small businesses should be assisted to increase their ability to compete in international markets by: enhancing their ability to export; disseminating information concerning programs and initiatives facilitating international market access and penetration of SME goods and services; ensuring that the interests of small businesses are adequately represented in bilateral and multilateral trade negotiations;

| 27. | Supports the Commission's ‘Second Chance’ Initiative for SMEs, which will be included in the framework of the European Week for SMEs; |
| --- | --- |

27.

Supports the Commission's ‘Second Chance’ Initiative for SMEs, which will be included in the framework of the European Week for SMEs;

Research and Innovation

| 28. | Calls for continuing efforts in simplifying funding for research, development and innovation (R&D&I) and appropriate programme management, in particular for the benefit of SMEs and as outlined in the European Parliament’s resolutions of 11 November 2010 on ‘Simplifying the implementation of the Research Framework Programmes’ and of 16 February 2011 on ‘Practical aspects regarding the revision of EU instruments to support SME finance in the next programming period’; |
| --- | --- |

28.

Calls for continuing efforts in simplifying funding for research, development and innovation (R&D&I) and appropriate programme management, in particular for the benefit of SMEs and as outlined in the European Parliament’s resolutions of 11 November 2010 on ‘Simplifying the implementation of the Research Framework Programmes’ and of 16 February 2011 on ‘Practical aspects regarding the revision of EU instruments to support SME finance in the next programming period’;

| 29. | Welcomes the Commission’s intention to propose lighter administrative and financial rules for SMEs as well as a set of streamlined instruments to strengthen their innovation capacities over the full innovation cycle, including non-technological innovation, within the future Research and Innovation financing framework and, in particular, successor programmes of FP7 and CIP; reminds the Commission about the importance of delivering local support for SMEs, for example, through the involvement of innovation centres, chambers of commerce, business organisations and innovation clusters; |
| --- | --- |

29.

Welcomes the Commission’s intention to propose lighter administrative and financial rules for SMEs as well as a set of streamlined instruments to strengthen their innovation capacities over the full innovation cycle, including non-technological innovation, within the future Research and Innovation financing framework and, in particular, successor programmes of FP7 and CIP; reminds the Commission about the importance of delivering local support for SMEs, for example, through the involvement of innovation centres, chambers of commerce, business organisations and innovation clusters;

| 30. | Calls for the adoption of the single European patent and further development and European coordination of instruments and programmes (such as innovation vouchers) that promote SMEs’ innovation management capacity, their access to research and innovation services and other knowledge-based business services (business modelling, risk assessment, etc.); points in particular to Member States’ best-case practices of university-based technology transfer centres that facilitate SME access to R&D; calls on the Commission to assess the feasibility of creating a European patent fund to facilitate these technology transfers between research centres and businesses, in particular innovative SMEs; |
| --- | --- |

30.

Calls for the adoption of the single European patent and further development and European coordination of instruments and programmes (such as innovation vouchers) that promote SMEs’ innovation management capacity, their access to research and innovation services and other knowledge-based business services (business modelling, risk assessment, etc.); points in particular to Member States’ best-case practices of university-based technology transfer centres that facilitate SME access to R&D; calls on the Commission to assess the feasibility of creating a European patent fund to facilitate these technology transfers between research centres and businesses, in particular innovative SMEs;

| 31. | Views with regret the fact that few of our innovative SMEs grow into larger companies involving greater numbers of people; points out that there are also fewer young, R&D-intensive, innovative firms in the EU than in the US and that serious shortcomings in terms of innovation and e-skills prevent SMEs from adopting innovative, smart business models and new technologies; |
| --- | --- |

31.

Views with regret the fact that few of our innovative SMEs grow into larger companies involving greater numbers of people; points out that there are also fewer young, R&D-intensive, innovative firms in the EU than in the US and that serious shortcomings in terms of innovation and e-skills prevent SMEs from adopting innovative, smart business models and new technologies;

| 32. | Calls on national governments to consider tax incentives for innovative small business start-ups for their first years of operation; |
| --- | --- |

32.

Calls on national governments to consider tax incentives for innovative small business start-ups for their first years of operation;

Skills, education and professional training

| 33. | Regrets that the SBA does not pay enough attention to social and labour market issues that affect entrepreneurship and SMEs’ capacities to fulfil their employment potential and recruit labour force with the appropriate skills; |
| --- | --- |

33.

Regrets that the SBA does not pay enough attention to social and labour market issues that affect entrepreneurship and SMEs’ capacities to fulfil their employment potential and recruit labour force with the appropriate skills;

| 34. | Recognises that growth and innovation are largely driven by entrepreneurial SMEs; emphasises that more attention should be devoted to fostering the development of an entrepreneurial mindset at all levels of education and training, employing innovative methods such as real mini-companies in secondary education; emphasises the importance of supporting the development of the managerial and digital skills that small businesses require to be successful in the current market environment; |
| --- | --- |

34.

Recognises that growth and innovation are largely driven by entrepreneurial SMEs; emphasises that more attention should be devoted to fostering the development of an entrepreneurial mindset at all levels of education and training, employing innovative methods such as real mini-companies in secondary education; emphasises the importance of supporting the development of the managerial and digital skills that small businesses require to be successful in the current market environment;

| 35. | Calls on the Commission and the Member States to develop and promote initiatives supporting better identification and forecasting of SMEs’ skill needs, in particular to enable them to operate in a more sustainable way, and to develop strategies for entrepreneurship education and professional training based on best practice from Member States; |
| --- | --- |

35.

Calls on the Commission and the Member States to develop and promote initiatives supporting better identification and forecasting of SMEs’ skill needs, in particular to enable them to operate in a more sustainable way, and to develop strategies for entrepreneurship education and professional training based on best practice from Member States;

| 36. | Calls on the Commission to put the ‘Erasmus programmes for young entrepreneurs’ programme on a permanent footing with a sufficient budget, based on the very encouraging results of the preparatory action even though it is still running on a limited scale; |
| --- | --- |

36.

Calls on the Commission to put the ‘Erasmus programmes for young entrepreneurs’ programme on a permanent footing with a sufficient budget, based on the very encouraging results of the preparatory action even though it is still running on a limited scale;

Resource efficiency

| 37. | Welcomes the recognition by the Commission that SMEs have a key role to play in the transition to a resource-efficient economy; believes that meeting resource-efficiency objectives requires a value-chain approach; therefore, calls on the Commission for the establishment of sectoral SMEs coordinated projects and activities aiming at identifying potential resource-efficient innovations within the value and supply chains; |
| --- | --- |

37.

Welcomes the recognition by the Commission that SMEs have a key role to play in the transition to a resource-efficient economy; believes that meeting resource-efficiency objectives requires a value-chain approach; therefore, calls on the Commission for the establishment of sectoral SMEs coordinated projects and activities aiming at identifying potential resource-efficient innovations within the value and supply chains;

| 38. | Welcomes the Commission proposal to adopt an Eco-innovation Action Plan; calls for ambitious measures supporting SMEs in introducing eco-innovative solutions at all stages of the value chain, including design; believes that it is necessary to increase funds for initiatives in this field through, for instance, the future CIP, but also through targeted use of the Structural Funds; calls on the Commission to report bi-annually on Member States’ progress with regard to fostering SME eco-innovation; |
| --- | --- |

38.

Welcomes the Commission proposal to adopt an Eco-innovation Action Plan; calls for ambitious measures supporting SMEs in introducing eco-innovative solutions at all stages of the value chain, including design; believes that it is necessary to increase funds for initiatives in this field through, for instance, the future CIP, but also through targeted use of the Structural Funds; calls on the Commission to report bi-annually on Member States’ progress with regard to fostering SME eco-innovation;

| 39. | Draws attention to the energy-saving potential of SMEs, as only up to 24 % of SMEs are actively engaged in actions reducing their environmental impact today; highlights that applying cost-effective energy efficiency measures would help SMEs to reduce their energy bills and increase their capacity for reinvestment; believes that there is a strong need to promote the improvement of ‘low-carbon literacy’ on the part of small and medium entrepreneurs; stresses that while there is at least one financial consultant available for each SME, there are very few experts providing advice to SMEs on energy savings and efficiency; |
| --- | --- |

39.

Draws attention to the energy-saving potential of SMEs, as only up to 24 % of SMEs are actively engaged in actions reducing their environmental impact today; highlights that applying cost-effective energy efficiency measures would help SMEs to reduce their energy bills and increase their capacity for reinvestment; believes that there is a strong need to promote the improvement of ‘low-carbon literacy’ on the part of small and medium entrepreneurs; stresses that while there is at least one financial consultant available for each SME, there are very few experts providing advice to SMEs on energy savings and efficiency;

| 40. | Notes the growing illegal trade in all Member States in counterfeit and pirated products imported from third countries which are threatening the competitiveness of European SMEs; |
| --- | --- |

40.

Notes the growing illegal trade in all Member States in counterfeit and pirated products imported from third countries which are threatening the competitiveness of European SMEs;

*

* *

| 41. | Instructs its President to forward this resolution to the Council, the Commission and the Governments and Parliaments of the Member States. |
| --- | --- |

41.

Instructs its President to forward this resolution to the Council, the Commission and the Governments and Parliaments of the Member States.

---

(1)  OJ C 87 E, 1.4.2010, p. 48.

(2)  Texts adopted, P7_TA(2011)0057.

(3)  Texts adopted, P7_TA(2011)0093.

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| 7.12.2012 | EN | Official Journal of the European Union | CE 377/108 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/108

---

Thursday 12 May 2011Innovation Union: transforming Europe for a post-crisis world

P7_TA(2011)0236

European Parliament resolution of 12 May 2011 on Innovation Union: transforming Europe for a post-crisis world (2010/2245(INI))

2012/C 377 E/15

The European Parliament,

| — | having regard to the Commission communication of 6 October 2010 entitled ‘Europe 2020 Flagship Initiative: Innovation Union’ (COM(2010)0546), |
| --- | --- |

—

having regard to the Commission communication of 6 October 2010 entitled ‘Europe 2020 Flagship Initiative: Innovation Union’ (COM(2010)0546),

| — | having regard to Article 179(1) of the Treaty on the Functioning of the European Union (TFEU), according to which ‘(1) the Union shall have the objective of strengthening its scientific and technological bases by achieving a European research area in which researchers, scientific knowledge and technology circulate freely, and encourage it to become more competitive, including in its industry, while promoting all the research activities deemed necessary by virtue of other Chapters of the Treaties’, |
| --- | --- |

—

having regard to Article 179(1) of the Treaty on the Functioning of the European Union (TFEU), according to which ‘(1) the Union shall have the objective of strengthening its scientific and technological bases by achieving a European research area in which researchers, scientific knowledge and technology circulate freely, and encourage it to become more competitive, including in its industry, while promoting all the research activities deemed necessary by virtue of other Chapters of the Treaties’,

| — | having regard to its resolution of 11 November 2010 on European Innovation Partnerships within the Innovation Union flagship initiative (1), |
| --- | --- |

—

having regard to its resolution of 11 November 2010 on European Innovation Partnerships within the Innovation Union flagship initiative (1),

| — | having regard to the Commission communication of 3 March 2010 entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020), |
| --- | --- |

—

having regard to the Commission communication of 3 March 2010 entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

| — | having regard to the Commission communication of 26 January 2011 entitled ‘A resource-efficient Europe – Flagship initiative under the Europe 2020 Strategy’ (COM(2011)0021), |
| --- | --- |

—

having regard to the Commission communication of 26 January 2011 entitled ‘A resource-efficient Europe – Flagship initiative under the Europe 2020 Strategy’ (COM(2011)0021),

| — | having regard to the Commission communication of 19 May 2010 entitled ‘A Digital Agenda for Europe’ (COM(2010)0245), |
| --- | --- |

—

having regard to the Commission communication of 19 May 2010 entitled ‘A Digital Agenda for Europe’ (COM(2010)0245),

| — | having regard to the Commission communication of 8 March 2011 entitled ‘A Roadmap for moving to a competitive low carbon economy in 2050’ (COM(2011)0112), |
| --- | --- |

—

having regard to the Commission communication of 8 March 2011 entitled ‘A Roadmap for moving to a competitive low carbon economy in 2050’ (COM(2011)0112),

| — | having regard to its resolution of 9 March 2011 on an industrial policy for the globalised era (2), |
| --- | --- |

—

having regard to its resolution of 9 March 2011 on an industrial policy for the globalised era (2),

| — | having regard to its resolution of 15 June 2010 on Community innovation policy in a changing world (3), |
| --- | --- |

—

having regard to its resolution of 15 June 2010 on Community innovation policy in a changing world (3),

| — | having regard to its resolution of 16 June 2010 on EU 2020 (4), |
| --- | --- |

—

having regard to its resolution of 16 June 2010 on EU 2020 (4),

| — | having regard to its resolution of 11 November 2010 on simplifying the implementation of the Research Framework Programmes (5), |
| --- | --- |

—

having regard to its resolution of 11 November 2010 on simplifying the implementation of the Research Framework Programmes (5),

| — | having regard to the conclusions of the European Council of 4 February 2011 on innovation, |
| --- | --- |

—

having regard to the conclusions of the European Council of 4 February 2011 on innovation,

| — | having regard to the conclusions of the 3049th meeting of the Competitiveness Council of 25 and 26 November 2010 on Innovation Union for Europe, |
| --- | --- |

—

having regard to the conclusions of the 3049th meeting of the Competitiveness Council of 25 and 26 November 2010 on Innovation Union for Europe,

| — | having regard to the conclusions of the 3035th meeting of the Competitiveness Council of 12 October 2010 on ‘raising the attractiveness of EU Research and Innovation programmes: the challenge of simplification’, |
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—

having regard to the conclusions of the 3035th meeting of the Competitiveness Council of 12 October 2010 on ‘raising the attractiveness of EU Research and Innovation programmes: the challenge of simplification’,

| — | having regard to the Commission communication of 28 October 2010 entitled ‘An Integrated Industrial Policy for the Globalisation Era: Putting Competitiveness and Sustainability at Centre Stage’ (COM(2010)0614), |
| --- | --- |

—

having regard to the Commission communication of 28 October 2010 entitled ‘An Integrated Industrial Policy for the Globalisation Era: Putting Competitiveness and Sustainability at Centre Stage’ (COM(2010)0614),

| — | having regard to the Commission communication of 6 October 2010 entitled ‘Regional Policy contributing to smart growth in Europe 2020’ (COM(2010)0553), |
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—

having regard to the Commission communication of 6 October 2010 entitled ‘Regional Policy contributing to smart growth in Europe 2020’ (COM(2010)0553),

| — | having regard to the Commission communication of 30 September 2009 entitled ‘Preparing for our future: developing a common strategy for key enabling technologies in the EU’ (COM(2009)0512), |
| --- | --- |

—

having regard to the Commission communication of 30 September 2009 entitled ‘Preparing for our future: developing a common strategy for key enabling technologies in the EU’ (COM(2009)0512),

| — | having regard to the Commission communication of 13 March 2009 entitled ‘A Strategy for ICT R&D and Innovation in Europe: Raising the Game’ (COM(2009)0116), |
| --- | --- |

—

having regard to the Commission communication of 13 March 2009 entitled ‘A Strategy for ICT R&D and Innovation in Europe: Raising the Game’ (COM(2009)0116),

| — | having regard to the Commission Green Paper entitled ‘Unlocking the potential of cultural and creative industries’, |
| --- | --- |

—

having regard to the Commission Green Paper entitled ‘Unlocking the potential of cultural and creative industries’,

| — | having regard to the Commission communication of 23 February 2011 entitled ‘A review of the ‘ ‘Small Business Act’ ’ for Europe’ (COM(2011)0078), |
| --- | --- |

—

having regard to the Commission communication of 23 February 2011 entitled ‘A review of the ‘ ‘Small Business Act’ ’ for Europe’ (COM(2011)0078),

| — | having regard to the Commission communication of 14 February 2007 entitled ‘Scientific information in the digital age: access, dissemination and preservation’ (COM(2007)0056), |
| --- | --- |

—

having regard to the Commission communication of 14 February 2007 entitled ‘Scientific information in the digital age: access, dissemination and preservation’ (COM(2007)0056),

| — | having regard to the report ‘Promoting innovative Business Models with Environmental Benefits’ of November 2008 conducted on behalf of the European Commission, |
| --- | --- |

—

having regard to the report ‘Promoting innovative Business Models with Environmental Benefits’ of November 2008 conducted on behalf of the European Commission,

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on International Trade, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on the Internal Market and Consumer Protection, the Committee on Regional Development, the Committee on Culture and Education and the Committee on Legal Affairs (A7-0162/2011), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on International Trade, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on the Internal Market and Consumer Protection, the Committee on Regional Development, the Committee on Culture and Education and the Committee on Legal Affairs (A7-0162/2011),

| A. | whereas, under Article 179(2) of the Treaty on the Functioning of the European Union (TFEU), the Union shall ‘encourage undertakings, including small and medium-sized undertakings, research centres and universities in their research and technological development activities of high quality; it shall support their efforts to cooperate with one another, aiming, notably, at permitting researchers to cooperate freely across borders and at enabling undertakings to exploit the internal market potential to the full, in particular through the opening-up of national public contracts, the definition of common standards and the removal of legal and fiscal obstacles to that cooperation’, |
| --- | --- |

A.

whereas, under Article 179(2) of the Treaty on the Functioning of the European Union (TFEU), the Union shall ‘encourage undertakings, including small and medium-sized undertakings, research centres and universities in their research and technological development activities of high quality; it shall support their efforts to cooperate with one another, aiming, notably, at permitting researchers to cooperate freely across borders and at enabling undertakings to exploit the internal market potential to the full, in particular through the opening-up of national public contracts, the definition of common standards and the removal of legal and fiscal obstacles to that cooperation’,

| B. | whereas accelerating research and innovation is not only essential in order to attain a sustainable and competitive economic model and secure future employment, but will also generate solutions to the shared grand societal challenges facing European society, namely:






  — | the current demographic changes: an ageing society, growing world population (nutrition, health, disease prevention), urbanisation, social cohesion and migration; |
| --- | --- | --- |

B.

whereas accelerating research and innovation is not only essential in order to attain a sustainable and competitive economic model and secure future employment, but will also generate solutions to the shared grand societal challenges facing European society, namely:

—

the current demographic changes: an ageing society, growing world population (nutrition, health, disease prevention), urbanisation, social cohesion and migration;

| — | the transition to sustainable management of resources (biological and non-biological): climate change, renewable energy and energy efficiency, resource efficiency, water scarcity, floods and efforts to secure and substitute critical raw materials; |
| --- | --- |

—

the transition to sustainable management of resources (biological and non-biological): climate change, renewable energy and energy efficiency, resource efficiency, water scarcity, floods and efforts to secure and substitute critical raw materials;

| — | a strong, stable, equitable and competitive economic base: economic recovery, harnessing a knowledge-based society, and boosting the EU's competitiveness and employment, |
| --- | --- |

—

a strong, stable, equitable and competitive economic base: economic recovery, harnessing a knowledge-based society, and boosting the EU's competitiveness and employment,

| C. | whereas the key to boosting innovation lies in:






  — | putting first the citizens' creativity and human capital, the adaptability of businesses and entrepreneurship, consumption patterns and response to new ideas, |
| --- | --- | --- |

C.

whereas the key to boosting innovation lies in:

—

putting first the citizens' creativity and human capital, the adaptability of businesses and entrepreneurship, consumption patterns and response to new ideas,

| — | long-term, stable, simple, transparent and supportive regulatory framework, |
| --- | --- |

—

long-term, stable, simple, transparent and supportive regulatory framework,

| — | better access to diversified finance possibilities at the different stages of the innovation cycle (in particular for SMEs), |
| --- | --- |

—

better access to diversified finance possibilities at the different stages of the innovation cycle (in particular for SMEs),

| — | leveraging and stimulating investments from the private sector, |
| --- | --- |

—

leveraging and stimulating investments from the private sector,

| — | fruitful cooperation between education and research institutes, including research and technology organisations (RTOs), businesses, governments and citizens, also by establishing collaborative platforms and tools such as open networks, open standards, clusters approaches for sharing knowledge and ideas, |
| --- | --- |

—

fruitful cooperation between education and research institutes, including research and technology organisations (RTOs), businesses, governments and citizens, also by establishing collaborative platforms and tools such as open networks, open standards, clusters approaches for sharing knowledge and ideas,

| — | ensuring involvement of all relevant actors in the decision-making processes, |
| --- | --- |

—

ensuring involvement of all relevant actors in the decision-making processes,

| — | providing more effective tools to safeguard industrial property in a context of globalisation and digitalisation of the economy, |
| --- | --- |

—

providing more effective tools to safeguard industrial property in a context of globalisation and digitalisation of the economy,

| D. | whereas a willingness to take risks is a necessary prerequisite to successful innovation, |
| --- | --- |

D.

whereas a willingness to take risks is a necessary prerequisite to successful innovation,

| E. | whereas in order to maintain European competitiveness a shift in culture is needed to improve European entrepreneurship and the potential for innovation; whereas changes need to be made to commend risk seeking and improve conditions for start-up innovative enterprises and entrepreneurs, |
| --- | --- |

E.

whereas in order to maintain European competitiveness a shift in culture is needed to improve European entrepreneurship and the potential for innovation; whereas changes need to be made to commend risk seeking and improve conditions for start-up innovative enterprises and entrepreneurs,

| F. | whereas in the view of the economic global context the European Union must take an offensive stance and take a firm front runner position in competitiveness, the EU must therefore invest in an innovation blast, |
| --- | --- |

F.

whereas in the view of the economic global context the European Union must take an offensive stance and take a firm front runner position in competitiveness, the EU must therefore invest in an innovation blast,

| G. | whereas Europe needs a modern, affordable and well functioning system of intellectual property rights protection in order to promote innovation and strengthen our competitiveness, |
| --- | --- |

G.

whereas Europe needs a modern, affordable and well functioning system of intellectual property rights protection in order to promote innovation and strengthen our competitiveness,

| H. | whereas IPR constitute a major prerequisite for capital-intensive research, development and innovation, |
| --- | --- |

H.

whereas IPR constitute a major prerequisite for capital-intensive research, development and innovation,

| I. | whereas the biggest opportunity to strengthen innovation in Europe with respect to intellectual property rights is the creation of the EU patent, |
| --- | --- |

I.

whereas the biggest opportunity to strengthen innovation in Europe with respect to intellectual property rights is the creation of the EU patent,

| J. | whereas a modern Union trademark system is essential in order to protect the values represented by investments made by European companies in design, creation and innovation, |
| --- | --- |

J.

whereas a modern Union trademark system is essential in order to protect the values represented by investments made by European companies in design, creation and innovation,

| K. | whereas earmarking 3 % of the EU's GDP for research and development up to 2020 could create 3,7 million jobs and annual GDP could grow by some EUR 800 million up to 2025, |
| --- | --- |

K.

whereas earmarking 3 % of the EU's GDP for research and development up to 2020 could create 3,7 million jobs and annual GDP could grow by some EUR 800 million up to 2025,

| L. | whereas a mere 30 % of European researchers are women and only 13 % of heads of European research institutes are women, |
| --- | --- |

L.

whereas a mere 30 % of European researchers are women and only 13 % of heads of European research institutes are women,

An integrated and interdisciplinary approach

| 1. | Welcomes the Innovation Union flagship initiative, which is the most significant and targeted community attempt so far to introduce a strategic, integrated and business-oriented European innovation policy to supplement member state efforts, whereby innovation is steered and progress monitored at the highest political level, whose success though depends on the full cooperation of and its implementation by the Member States, including through their financial support and smart fiscal consolidation, prioritizing sustainable growth-friendly expenditure in areas such as innovation, research and education, whereby the common innovation objectives steer their policies in all relevant areas; welcomes the strategic approach of the European Council at its meeting on the 4th of February 2011; |
| --- | --- |

1.

Welcomes the Innovation Union flagship initiative, which is the most significant and targeted community attempt so far to introduce a strategic, integrated and business-oriented European innovation policy to supplement member state efforts, whereby innovation is steered and progress monitored at the highest political level, whose success though depends on the full cooperation of and its implementation by the Member States, including through their financial support and smart fiscal consolidation, prioritizing sustainable growth-friendly expenditure in areas such as innovation, research and education, whereby the common innovation objectives steer their policies in all relevant areas; welcomes the strategic approach of the European Council at its meeting on the 4th of February 2011;

| 2. | Supports the Innovation Union initiative as a key pillar of economic, social and cultural development in the EU, particularly as regards inclusive education at all levels, including Vocational Education and Training; |
| --- | --- |

2.

Supports the Innovation Union initiative as a key pillar of economic, social and cultural development in the EU, particularly as regards inclusive education at all levels, including Vocational Education and Training;

| 3. | Calls for a broad concept of innovation that focuses on impact and goes beyond technological and product-oriented innovation, involves all stakeholders, in particular the enterprises, and highlights the various enabling roles of citizens, while realising a mindset change; recalls that innovation is applying ideas successfully in practice and targets products, processes, services, movements, systems and organisational structures; suggests that the Commission brings forward a definition of innovation; |
| --- | --- |

3.

Calls for a broad concept of innovation that focuses on impact and goes beyond technological and product-oriented innovation, involves all stakeholders, in particular the enterprises, and highlights the various enabling roles of citizens, while realising a mindset change; recalls that innovation is applying ideas successfully in practice and targets products, processes, services, movements, systems and organisational structures; suggests that the Commission brings forward a definition of innovation;

| 4. | Considers that innovation, in all fields of knowledge and of economic and social activity, must be guided by the criteria of public interest, improvement of quality of life, promotion of social wellbeing and preservation of the environment and the balance of nature; |
| --- | --- |

4.

Considers that innovation, in all fields of knowledge and of economic and social activity, must be guided by the criteria of public interest, improvement of quality of life, promotion of social wellbeing and preservation of the environment and the balance of nature;

| 5. | Takes the view that, since innovation is a complex concept, non-technological innovation efforts need to be strengthened, and that in this context best practices regarding this kind of innovation should be spread and rules and conditions governing access to EU financing should be specified on the basis of an open and all-embracing approach; |
| --- | --- |

5.

Takes the view that, since innovation is a complex concept, non-technological innovation efforts need to be strengthened, and that in this context best practices regarding this kind of innovation should be spread and rules and conditions governing access to EU financing should be specified on the basis of an open and all-embracing approach;

| 6. | Calls for a clear distinction to be made between ‘original innovation’, meaning something made for the first time and not available on the market, from commercial improvements or alterations made to a product, service, process or movements already present on the market; |
| --- | --- |

6.

Calls for a clear distinction to be made between ‘original innovation’, meaning something made for the first time and not available on the market, from commercial improvements or alterations made to a product, service, process or movements already present on the market;

| 7. | Takes the view that socio-economic innovation needs to be precisely but flexibly defined, because in many cases it does not take the form of a product or the application of a technical solution but of a series of interconnected, long-term institutional, technical and management changes that constitute a process; |
| --- | --- |

7.

Takes the view that socio-economic innovation needs to be precisely but flexibly defined, because in many cases it does not take the form of a product or the application of a technical solution but of a series of interconnected, long-term institutional, technical and management changes that constitute a process;

| 8. | Points out that the targets as set out in the Europe 2020 Strategy, the Energy Efficiency Plan 2020, the Resource- Efficient Europe Initiative, the Raw Materials Initiative, the Energy Strategy for Europe 2011-2020, setting the milestone towards the Energy 2050 Roadmap and the Roadmap for a Low Carbon Economy by 2050, must be given priority in the Innovation Union; |
| --- | --- |

8.

Points out that the targets as set out in the Europe 2020 Strategy, the Energy Efficiency Plan 2020, the Resource- Efficient Europe Initiative, the Raw Materials Initiative, the Energy Strategy for Europe 2011-2020, setting the milestone towards the Energy 2050 Roadmap and the Roadmap for a Low Carbon Economy by 2050, must be given priority in the Innovation Union;

| 9. | Points out that internationalisation and innovation are key drivers of external competitiveness and growth and are crucial to the EU 2020 strategic goals; |
| --- | --- |

9.

Points out that internationalisation and innovation are key drivers of external competitiveness and growth and are crucial to the EU 2020 strategic goals;

| 10. | Underlines the importance of climate and energy-efficient and renewable technologies in the shift towards a sustainable global economy; recognises the lead position of the EU in many key sectors for climate-friendly and resource-efficient industrial production; calls on the Commission to define strategies on internationalisation and innovation in these sectors; |
| --- | --- |

10.

Underlines the importance of climate and energy-efficient and renewable technologies in the shift towards a sustainable global economy; recognises the lead position of the EU in many key sectors for climate-friendly and resource-efficient industrial production; calls on the Commission to define strategies on internationalisation and innovation in these sectors;

| 11. | Recognizes that the fight against climate change and efforts towards energy efficiency and the de-materialization of industrial production require an active policy on the global dissemination of new technologies; |
| --- | --- |

11.

Recognizes that the fight against climate change and efforts towards energy efficiency and the de-materialization of industrial production require an active policy on the global dissemination of new technologies;

| 12. | Emphasises that the areas of the protection of the environment, public health and food safety as well as the fight against climate change are among those most in need of an enhanced innovation effort involving a reinforcement of the existing scientific and technological base; stresses that the EU's future research and innovation programmes will need to take those areas into account in appropriate fashion; to this end, underlines the need to adopt a cross-sectoral approach based on ecosystem resilience; |
| --- | --- |

12.

Emphasises that the areas of the protection of the environment, public health and food safety as well as the fight against climate change are among those most in need of an enhanced innovation effort involving a reinforcement of the existing scientific and technological base; stresses that the EU's future research and innovation programmes will need to take those areas into account in appropriate fashion; to this end, underlines the need to adopt a cross-sectoral approach based on ecosystem resilience;

| 13. | Notes that market fragmentation in the cultural and creative sectors is in part due to the cultural diversity and language preferences of consumers; |
| --- | --- |

13.

Notes that market fragmentation in the cultural and creative sectors is in part due to the cultural diversity and language preferences of consumers;

| 14. | Welcomes the Commission's focus on grand societal challenges, and stresses that innovation and research are needed in order to increase resource productivity, sustainable use and substitution while simultaneously finding new ways of increasing the efficiency of resource and energy consumption; |
| --- | --- |

14.

Welcomes the Commission's focus on grand societal challenges, and stresses that innovation and research are needed in order to increase resource productivity, sustainable use and substitution while simultaneously finding new ways of increasing the efficiency of resource and energy consumption;

| 15. | Notes that restricting the prioritisation of innovations to limited areas should be avoided in order not to lose valuable innovative potential in the long term; |
| --- | --- |

15.

Notes that restricting the prioritisation of innovations to limited areas should be avoided in order not to lose valuable innovative potential in the long term;

| 16. | Takes the view that innovation can play an important role in enhancing social cohesion by improving the quality of the services provided, and that specific professional training programmes should therefore be set up; |
| --- | --- |

16.

Takes the view that innovation can play an important role in enhancing social cohesion by improving the quality of the services provided, and that specific professional training programmes should therefore be set up;

| 17. | Points out that, in a market economy, innovation is not exclusively intended to meet major societal challenges but also plays a particularly important role in the manufacture of consumer-friendly and attractive products in the fields of leisure, technology, industry, culture and entertainment; points out that there is a vast international market for innovative high-tech leisure products (smart phones, tablet PCs, console games, portable recreational devices etc.), as well as a world market for social networking and innovative online services, in which European undertakings are playing a negligible role; |
| --- | --- |

17.

Points out that, in a market economy, innovation is not exclusively intended to meet major societal challenges but also plays a particularly important role in the manufacture of consumer-friendly and attractive products in the fields of leisure, technology, industry, culture and entertainment; points out that there is a vast international market for innovative high-tech leisure products (smart phones, tablet PCs, console games, portable recreational devices etc.), as well as a world market for social networking and innovative online services, in which European undertakings are playing a negligible role;

| 18. | Stresses the importance of the Resource-Efficient Europe and Industrial Policy flagship initiatives and of efforts to decouple economic growth from the use of natural resources, by supporting the shift towards a sustainable low-carbon, knowledge-based economy, increasing the use of renewable and sustainable energy sources, developing carbon reducing and more resource efficient technologies and sustainable transport, enhancing at the same time the competitiveness of the European companies; |
| --- | --- |

18.

Stresses the importance of the Resource-Efficient Europe and Industrial Policy flagship initiatives and of efforts to decouple economic growth from the use of natural resources, by supporting the shift towards a sustainable low-carbon, knowledge-based economy, increasing the use of renewable and sustainable energy sources, developing carbon reducing and more resource efficient technologies and sustainable transport, enhancing at the same time the competitiveness of the European companies;

| 19. | Recalls that the digital world and ICTs are engines of innovation and therefore access to high speed broadband is an essential pre-condition, also for all European Innovation Partnerships (EIPs), as it enhances cooperation and participation by the citizens; in this regard, calls on the Commission and the Member States to step up their implementation of high-speed internet as well as the promotion of e-initiatives ensuring the rapid execution of the EU's Digital Agenda; |
| --- | --- |

19.

Recalls that the digital world and ICTs are engines of innovation and therefore access to high speed broadband is an essential pre-condition, also for all European Innovation Partnerships (EIPs), as it enhances cooperation and participation by the citizens; in this regard, calls on the Commission and the Member States to step up their implementation of high-speed internet as well as the promotion of e-initiatives ensuring the rapid execution of the EU's Digital Agenda;

| 20. | Calls the Commission to give due consideration to the technologies that underpin the ‘smarter’, sustainable systems which enable firms to develop responsive real time services in sectors as diverse as transport and logistics, construction and facilities management, energy distribution, telecommunications and financial services; |
| --- | --- |

20.

Calls the Commission to give due consideration to the technologies that underpin the ‘smarter’, sustainable systems which enable firms to develop responsive real time services in sectors as diverse as transport and logistics, construction and facilities management, energy distribution, telecommunications and financial services;

| 21. | Emphasises that the success of innovation and research policy is dependent upon:






  — | strategic orientation, development, design and implementation of all policies and measures, with the aim of contributing to and enhancing innovation in Europe (through, for example, education and training, advisory services, the labour market, the single market, proper management of intellectual property rights, infrastructure, taxation instruments, industrial policy, procurement and trade, joint innovative interactions between service and manufacturing companies, with a special focus on SMEs); |
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21.

Emphasises that the success of innovation and research policy is dependent upon:

—

strategic orientation, development, design and implementation of all policies and measures, with the aim of contributing to and enhancing innovation in Europe (through, for example, education and training, advisory services, the labour market, the single market, proper management of intellectual property rights, infrastructure, taxation instruments, industrial policy, procurement and trade, joint innovative interactions between service and manufacturing companies, with a special focus on SMEs);

| — | well-coordinated multidisciplinary cooperation and (financial) support at EU, Member State, regional and local level; |
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—

well-coordinated multidisciplinary cooperation and (financial) support at EU, Member State, regional and local level;

| — | maximum involvement of all relevant players, e.g. SMEs, industry, universities, research institutes, RTOs, governments, civil society organisations and social partners, including potential new, productive forms of cooperation between knowledge institutions and industry; |
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—

maximum involvement of all relevant players, e.g. SMEs, industry, universities, research institutes, RTOs, governments, civil society organisations and social partners, including potential new, productive forms of cooperation between knowledge institutions and industry;

| — | coordination, coherence and synergy among the different policy areas, actions and instruments, so as to prevent fragmentation and duplication arising from uncoordinated research and innovation efforts; |
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—

coordination, coherence and synergy among the different policy areas, actions and instruments, so as to prevent fragmentation and duplication arising from uncoordinated research and innovation efforts;

| — | shaping a positive regulatory environment for innovation products in order to adapt to market needs; |
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—

shaping a positive regulatory environment for innovation products in order to adapt to market needs;

| — | policy evaluation methodologies and processes, including peer review panels and dissemination of successful experiments; |
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—

policy evaluation methodologies and processes, including peer review panels and dissemination of successful experiments;

Stresses that the main goal of the Innovation Union policy should be to facilitate coordination of policies and coherence among their different instruments and create synergies in regard to innovation policy by adopting a truly holistic approach focused on the grand societal challenges;

| 22. | Stresses the need to transform the EU’s trade and innovation policy into a true vehicle for job creation, the eradication of poverty and sustainable development worldwide; firmly believes that consistency between the internal and external aspects of EU policies is indispensable and that the shaping of a new trade policy must be consistent with a strong, job-creating industrial and innovation policy in order to ensure economic growth and in turn to create more and better jobs; |
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22.

Stresses the need to transform the EU’s trade and innovation policy into a true vehicle for job creation, the eradication of poverty and sustainable development worldwide; firmly believes that consistency between the internal and external aspects of EU policies is indispensable and that the shaping of a new trade policy must be consistent with a strong, job-creating industrial and innovation policy in order to ensure economic growth and in turn to create more and better jobs;

| 23. | Stresses the relation of the Innovation Union flagship initiative with the Annual Growth Survey as a crucial tool for enhanced cooperation, showing the annual progress in the Member States; |
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23.

Stresses the relation of the Innovation Union flagship initiative with the Annual Growth Survey as a crucial tool for enhanced cooperation, showing the annual progress in the Member States;

| 24. | Calls on the Commission to develop an integrated indicator system, taking into account the diversity of the existing economic systems in the Member States and involving enterprises in order to allow better monitoring and assessment of progress and the measurable impact of innovation policies and programmes; calls for the creation of reliable data infrastructures that aid in monitoring developments in research funding and urges further development of the ‘scoreboard’ by means of international cooperation, and by way of a more indicator-and-evidence-based system which measures EU innovation capacity in absolute terms while intelligently using available resources; |
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24.

Calls on the Commission to develop an integrated indicator system, taking into account the diversity of the existing economic systems in the Member States and involving enterprises in order to allow better monitoring and assessment of progress and the measurable impact of innovation policies and programmes; calls for the creation of reliable data infrastructures that aid in monitoring developments in research funding and urges further development of the ‘scoreboard’ by means of international cooperation, and by way of a more indicator-and-evidence-based system which measures EU innovation capacity in absolute terms while intelligently using available resources;

| 25. | Points out that innovation and creativity are processes which, to a certain degree, can be cultivated, taught and enhanced; urges, therefore, that innovation and creativity be included to a greater degree in the educational systems of the EU Member States; calls for the recognition and dissemination of best practices regarding creative and innovative educational curricula and instructional methods used by the Member States; |
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25.

Points out that innovation and creativity are processes which, to a certain degree, can be cultivated, taught and enhanced; urges, therefore, that innovation and creativity be included to a greater degree in the educational systems of the EU Member States; calls for the recognition and dissemination of best practices regarding creative and innovative educational curricula and instructional methods used by the Member States;

| 26. | Stresses the crucial role that eco-innovation will play in meeting EU’s 2020 targets; calls therefore for the adoption of an ambitious Eco-innovation Action Plan proposing measures to introduce eco-innovation at all steps of the value chain, including design and increasing funds for initiatives in this field through the Competitiveness and Innovation Programme; |
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26.

Stresses the crucial role that eco-innovation will play in meeting EU’s 2020 targets; calls therefore for the adoption of an ambitious Eco-innovation Action Plan proposing measures to introduce eco-innovation at all steps of the value chain, including design and increasing funds for initiatives in this field through the Competitiveness and Innovation Programme;

| 27. | Believes that, given that innovation is usually closely linked to the market and develops through non-formal channels, the EU should fine-tune its innovation evaluation methods to reflect the fact that the same criteria cannot be used to assess every area; |
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27.

Believes that, given that innovation is usually closely linked to the market and develops through non-formal channels, the EU should fine-tune its innovation evaluation methods to reflect the fact that the same criteria cannot be used to assess every area;

| 28. | Stresses the danger of the term ‘innovation’ becoming a well-worn cliché that breeds complacency simply through repeated use; innovation alone is not a panacea for coping with every problem and cannot be conjured up at will in times of economic and social crisis. On the contrary, it must be a constant endeavour in the public and private sector and be actively supported by means of cohesive educational, research, industrial, social and environmental strategies on the part of the EU and its Member States; |
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28.

Stresses the danger of the term ‘innovation’ becoming a well-worn cliché that breeds complacency simply through repeated use; innovation alone is not a panacea for coping with every problem and cannot be conjured up at will in times of economic and social crisis. On the contrary, it must be a constant endeavour in the public and private sector and be actively supported by means of cohesive educational, research, industrial, social and environmental strategies on the part of the EU and its Member States;

| 29. | Recognises the importance of cultural and creative industries in the context of innovation, given that studies prove that firms that make proportionately greater use of services of the cultural and creative industries perform significantly better on innovation; |
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29.

Recognises the importance of cultural and creative industries in the context of innovation, given that studies prove that firms that make proportionately greater use of services of the cultural and creative industries perform significantly better on innovation;

| 30. | Affirms the principle of net neutrality and of open standards as drivers of innovation; |
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30.

Affirms the principle of net neutrality and of open standards as drivers of innovation;

Citizen-centred Innovation Society

| 31. | Stresses that citizens' demands and active engagement of businesses are the key drivers of innovation; points out that the creation of an innovative society must therefore be based on the participation of its citizens, by enabling them to articulate their needs and their creative potential through a bottom-up approach and by providing innovative solutions enabling individual citizens to contribute to resource efficiency; |
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31.

Stresses that citizens' demands and active engagement of businesses are the key drivers of innovation; points out that the creation of an innovative society must therefore be based on the participation of its citizens, by enabling them to articulate their needs and their creative potential through a bottom-up approach and by providing innovative solutions enabling individual citizens to contribute to resource efficiency;

| 32. | Highlights the need to create a culture of learning, curiosity and risk-taking; calls therefore upon the Commission and the Member States to put serious effort into bringing about a change of mindset towards innovative and curiosity-driven thinking and risk-taking, and a more permissive attitude towards failure, by encouraging sustainable consumer patterns and actively promoting citizens' and businesses' engagement in innovation and an open-innovation system; emphasises that innovation is a process that neither can nor should be steered completely by governments and needs favourable conditions that allow for sufficient flexibility to support unforeseen developments; |
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32.

Highlights the need to create a culture of learning, curiosity and risk-taking; calls therefore upon the Commission and the Member States to put serious effort into bringing about a change of mindset towards innovative and curiosity-driven thinking and risk-taking, and a more permissive attitude towards failure, by encouraging sustainable consumer patterns and actively promoting citizens' and businesses' engagement in innovation and an open-innovation system; emphasises that innovation is a process that neither can nor should be steered completely by governments and needs favourable conditions that allow for sufficient flexibility to support unforeseen developments;

| 33. | Considers that the advance of knowledge and its multiple applications do not eliminate the need for an open and participatory evaluation of the ethical, social and political implications of those applications; draws attention to the need to promote and disseminate scientific culture among the general public; |
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33.

Considers that the advance of knowledge and its multiple applications do not eliminate the need for an open and participatory evaluation of the ethical, social and political implications of those applications; draws attention to the need to promote and disseminate scientific culture among the general public;

| 34. | Considers that steps should be taken to support initiatives aimed at promoting scientific dialogue and the dissemination of findings among the widest possible public, in addition to the scientific community, increasing the role of civil society in research; |
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34.

Considers that steps should be taken to support initiatives aimed at promoting scientific dialogue and the dissemination of findings among the widest possible public, in addition to the scientific community, increasing the role of civil society in research;

| 35. | Considers that priority should be given to fostering the development at regional level of an innovation culture, both among entrepreneurs, young people undergoing vocational training and workers, and among the partners who have an influence on business activities, such as regional public decision-makers, research centres, business clusters and funding bodies, which in many cases are not sufficiently aware of the innovation capacities of the firms in their regions, in particular the SMEs (including micro-enterprises and craft firms); |
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35.

Considers that priority should be given to fostering the development at regional level of an innovation culture, both among entrepreneurs, young people undergoing vocational training and workers, and among the partners who have an influence on business activities, such as regional public decision-makers, research centres, business clusters and funding bodies, which in many cases are not sufficiently aware of the innovation capacities of the firms in their regions, in particular the SMEs (including micro-enterprises and craft firms);

| 36. | Stresses that a proper understanding of scientific progress and what it entails is essential if the public are to be involved in the innovation effort; calls for the dissemination of scientific and technical knowledge to be stepped up; stresses the importance of both lifelong learning and measures specifically targeted at population groups that have less easy access to science and technology, in particular rural communities; |
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36.

Stresses that a proper understanding of scientific progress and what it entails is essential if the public are to be involved in the innovation effort; calls for the dissemination of scientific and technical knowledge to be stepped up; stresses the importance of both lifelong learning and measures specifically targeted at population groups that have less easy access to science and technology, in particular rural communities;

| 37. | Calls on the Commission and the Member States to promote the development of sustainable economic models based on innovation and creativity which create and protect highly qualified jobs in Europe; |
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37.

Calls on the Commission and the Member States to promote the development of sustainable economic models based on innovation and creativity which create and protect highly qualified jobs in Europe;

| 38. | Highlights the importance of a bottom-up approach to innovation and the promotion of an open environment for creative ideas, so as to spur productivity growth, empower employees and develop solutions for unmet social needs (such as inclusion and immigration); |
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38.

Highlights the importance of a bottom-up approach to innovation and the promotion of an open environment for creative ideas, so as to spur productivity growth, empower employees and develop solutions for unmet social needs (such as inclusion and immigration);

| 39. | Calls to complement the current up-front financing with new financing mechanism such as award competitions or inducement prizes for European innovators (individuals or teams) to encourage ideas and reward inventions, for instance in socially valuable fields whereby knowledge is created as public good; invites the Commission to consider whether a first pilot of an award system within the pilot European Innovation Partnership on healthy ageing is appropriate; |
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39.

Calls to complement the current up-front financing with new financing mechanism such as award competitions or inducement prizes for European innovators (individuals or teams) to encourage ideas and reward inventions, for instance in socially valuable fields whereby knowledge is created as public good; invites the Commission to consider whether a first pilot of an award system within the pilot European Innovation Partnership on healthy ageing is appropriate;

| 40. | Stresses that social innovation is about new and effective solutions to pressing social needs, created by individuals or organisations with a social, and not necessarily a commercial imperative; further stresses that social innovation provides an opportunity for citizens, in any role, to enhance their working and life environment and thus could help strengthen the European social model; |
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40.

Stresses that social innovation is about new and effective solutions to pressing social needs, created by individuals or organisations with a social, and not necessarily a commercial imperative; further stresses that social innovation provides an opportunity for citizens, in any role, to enhance their working and life environment and thus could help strengthen the European social model;

| 41. | Emphasises the role played by the social economy sector (cooperatives, mutual societies, associations and foundations) in social innovation by devising and implementing the means to meet needs which are not taken into account by the market and by the conventional forms of entrepreneurship; |
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41.

Emphasises the role played by the social economy sector (cooperatives, mutual societies, associations and foundations) in social innovation by devising and implementing the means to meet needs which are not taken into account by the market and by the conventional forms of entrepreneurship;

| 42. | Considers that the EU Innovation strategy should unleash the potential of employees by allowing also non-academic employees to be part of and participate in different kinds of EU schemes and innovation-projects; |
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42.

Considers that the EU Innovation strategy should unleash the potential of employees by allowing also non-academic employees to be part of and participate in different kinds of EU schemes and innovation-projects;

| 43. | Points out that the Innovation Union strategy must recognise the importance of ideas, suggestions and competencies of ordinary employees when it comes to innovation. Several studies point to the fact that employee-driven innovation is not only good for business but also job satisfaction and – if performed in the right way – something that may actually reduce stress; |
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43.

Points out that the Innovation Union strategy must recognise the importance of ideas, suggestions and competencies of ordinary employees when it comes to innovation. Several studies point to the fact that employee-driven innovation is not only good for business but also job satisfaction and – if performed in the right way – something that may actually reduce stress;

| 44. | Calls on the EU, national and regional and local authorities to launch the pilot project and promote research on social innovation and to provide public funds in support of it as well as public-private partnerships, that could serve as basis for the future activities in this field; stresses that social innovation should be included in funding and support programmes such as the European Social Fund, the Framework Programmes (FPs) and the Competitiveness and Innovation Framework Programme (CIP); |
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44.

Calls on the EU, national and regional and local authorities to launch the pilot project and promote research on social innovation and to provide public funds in support of it as well as public-private partnerships, that could serve as basis for the future activities in this field; stresses that social innovation should be included in funding and support programmes such as the European Social Fund, the Framework Programmes (FPs) and the Competitiveness and Innovation Framework Programme (CIP);

| 45. | Stresses the importance of research in the medical sector, which, combined with innovative applications, will foster growth and well-being in an ageing society; supports close co-operation between university research departments and the medical industry in order to generate products and services that citizens in the EU will urgently need over the next decade; |
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45.

Stresses the importance of research in the medical sector, which, combined with innovative applications, will foster growth and well-being in an ageing society; supports close co-operation between university research departments and the medical industry in order to generate products and services that citizens in the EU will urgently need over the next decade;

| 46. | Calls on the Commission to leverage the resources of the Common Strategic Framework for EU Research and Innovation funding to ensure the sustainable implementation of biological and medical science research infrastructure as a public R&D service, oriented towards a better quality of life of the citizens, which is a way to make progress towards a knowledge-based society that can face the societal challenges in Europe; |
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46.

Calls on the Commission to leverage the resources of the Common Strategic Framework for EU Research and Innovation funding to ensure the sustainable implementation of biological and medical science research infrastructure as a public R&D service, oriented towards a better quality of life of the citizens, which is a way to make progress towards a knowledge-based society that can face the societal challenges in Europe;

| 47. | Considers that a greater emphasis on innovation policy represents an opportunity for the modernisation and reinforcement of public services in both existing and emerging fields, in a whole range of areas of economic and social life, thus boosting quality and efficiency, job creation, the fight against poverty and social exclusion, and economic, social and territorial cohesion; |
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47.

Considers that a greater emphasis on innovation policy represents an opportunity for the modernisation and reinforcement of public services in both existing and emerging fields, in a whole range of areas of economic and social life, thus boosting quality and efficiency, job creation, the fight against poverty and social exclusion, and economic, social and territorial cohesion;

| 48. | Considers that closer coordination of STI efforts should not imply disinvestment or underinvestment in the scientific capacity of certain Member States or regions to the detriment of others; believes that, rather, it should entail investment in developing a sound and consistent STI base in the different countries and regions, in line with their characteristics and levels of development, with a view to promoting beneficial synergies and fruitful cooperation; |
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48.

Considers that closer coordination of STI efforts should not imply disinvestment or underinvestment in the scientific capacity of certain Member States or regions to the detriment of others; believes that, rather, it should entail investment in developing a sound and consistent STI base in the different countries and regions, in line with their characteristics and levels of development, with a view to promoting beneficial synergies and fruitful cooperation;

| 49. | Stresses the importance of modernising the educational system; calls on the Member States to take action to improve the entrepreneurial and quantitative skills and training of (young) Europeans by incorporating entrepreneurship, creativity and innovation into all areas of education and improving human capital which enables them to play an active role in innovation, such as through the Commission's ‘Erasmus for Young Entrepreneurs’ programme, while safeguarding craft trades as a source of innovation; |
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49.

Stresses the importance of modernising the educational system; calls on the Member States to take action to improve the entrepreneurial and quantitative skills and training of (young) Europeans by incorporating entrepreneurship, creativity and innovation into all areas of education and improving human capital which enables them to play an active role in innovation, such as through the Commission's ‘Erasmus for Young Entrepreneurs’ programme, while safeguarding craft trades as a source of innovation;

| 50. | Calls on the Commission to work more closely with the Member States in order to draw up medium- and long-term forecasts regarding the skills required by the employment market, and to encourage partnerships between universities and the business sector in order to foster the transition of young people to the employment market while helping to create an innovative, knowledge-based society, develop applied research and create better employment market prospects for graduates; |
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50.

Calls on the Commission to work more closely with the Member States in order to draw up medium- and long-term forecasts regarding the skills required by the employment market, and to encourage partnerships between universities and the business sector in order to foster the transition of young people to the employment market while helping to create an innovative, knowledge-based society, develop applied research and create better employment market prospects for graduates;

| 51. | Notes that in times of crisis, it is essential to attract young people to the new types of jobs available and to ensure that skill programmes promote access to the labour market for young people, with a view to enabling them to make the most of their job potential, combating high unemployment among people under the age of 25 years and capitalising on the younger generation’s skills in using new technologies; |
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51.

Notes that in times of crisis, it is essential to attract young people to the new types of jobs available and to ensure that skill programmes promote access to the labour market for young people, with a view to enabling them to make the most of their job potential, combating high unemployment among people under the age of 25 years and capitalising on the younger generation’s skills in using new technologies;

| 52. | Calls for efforts to overcome skill shortages in the fields of science, technology, engineering and mathematics; stresses the importance of enhancing the quality of training, improving access to lifelong learning and vocational training, promoting continuous training for employees, and making arrangements for access to, and the organisation of, such training which are inclusive and do not discriminate against women; takes the view, however, that these measures should be aimed primarily at workers assigned to less skilled work than was previously the case, who are at risk of losing their jobs as a result of the introduction of new technologies, and at those made redundant because they lack the skills necessitated by restructuring and conversion; recalls also the need to develop all training activities, at all levels of training, more fully in order to enhance creativity, innovativeness and entrepreneurship; |
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52.

Calls for efforts to overcome skill shortages in the fields of science, technology, engineering and mathematics; stresses the importance of enhancing the quality of training, improving access to lifelong learning and vocational training, promoting continuous training for employees, and making arrangements for access to, and the organisation of, such training which are inclusive and do not discriminate against women; takes the view, however, that these measures should be aimed primarily at workers assigned to less skilled work than was previously the case, who are at risk of losing their jobs as a result of the introduction of new technologies, and at those made redundant because they lack the skills necessitated by restructuring and conversion; recalls also the need to develop all training activities, at all levels of training, more fully in order to enhance creativity, innovativeness and entrepreneurship;

| 53. | Stresses the importance of raising the level of lifelong learning and of developing training activities for all in order to enhance eco-innovativeness and entrepreneurship and ensure that the workforce can adjust its skills to the labour market needs of a more sustainable economy founded on competence-based training concepts; calls on the Member States, employers and employees to recognise skills management, training and lifelong learning for innovation as a shared responsibility, as acknowledged in the social partners’ 2002 framework agreement on lifelong learning; |
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53.

Stresses the importance of raising the level of lifelong learning and of developing training activities for all in order to enhance eco-innovativeness and entrepreneurship and ensure that the workforce can adjust its skills to the labour market needs of a more sustainable economy founded on competence-based training concepts; calls on the Member States, employers and employees to recognise skills management, training and lifelong learning for innovation as a shared responsibility, as acknowledged in the social partners’ 2002 framework agreement on lifelong learning;

| 54. | Points out that, given the shortage of higher education students in the fields of science and technology, steps must be taken to ensure that no students abandon their studies or are limited in their choice of educational establishment for financial reasons, and that it is therefore necessary to continue to promote access to bank loans which can be partially financed by the Member States; |
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54.

Points out that, given the shortage of higher education students in the fields of science and technology, steps must be taken to ensure that no students abandon their studies or are limited in their choice of educational establishment for financial reasons, and that it is therefore necessary to continue to promote access to bank loans which can be partially financed by the Member States;

| 55. | Underlines the need to detect sleeping innovators, in particular among SMEs; points to the important role of intermediate organisations in detecting sleeping innovators, providing incentives, giving advice and supporting innovation; takes the view that these organisations should be strengthened, that a programme aimed at improving training, qualifications and expertise should be developed for them, and that in the future the importance of models for dual-purpose training courses for two professions should increase; |
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55.

Underlines the need to detect sleeping innovators, in particular among SMEs; points to the important role of intermediate organisations in detecting sleeping innovators, providing incentives, giving advice and supporting innovation; takes the view that these organisations should be strengthened, that a programme aimed at improving training, qualifications and expertise should be developed for them, and that in the future the importance of models for dual-purpose training courses for two professions should increase;

| 56. | Reiterates the importance of acquiring a core of basic competences and a good level of general culture in order to ensure better adaptability to the working environment; stresses that, in this context, language learning is of particular importance; |
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56.

Reiterates the importance of acquiring a core of basic competences and a good level of general culture in order to ensure better adaptability to the working environment; stresses that, in this context, language learning is of particular importance;

| 57. | Calls on the Member States to create clusters and conditions in which innovation is accelerated and to support the development of stronger partnerships between educational institutions and the business world, both nationally and internationally, while also considering the needs of businesses when developing the curricula; |
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57.

Calls on the Member States to create clusters and conditions in which innovation is accelerated and to support the development of stronger partnerships between educational institutions and the business world, both nationally and internationally, while also considering the needs of businesses when developing the curricula;

| 58. | Considers that it is essential to establish programmes specifically to promote scientific and technological culture as part of the measures to promote innovation in all areas; |
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58.

Considers that it is essential to establish programmes specifically to promote scientific and technological culture as part of the measures to promote innovation in all areas;

| 59. | Supports the proposal of the Committee of the Regions for the creation of a ‘virtual creativity network’ that would be open to all (businesses, local and regional authorities, central public authorities, the private sector and citizens) and would provide advice, assistance and access to venture capital and technical services; stresses that a virtual network offers the additional advantage of giving the inhabitants of islands, outlying regions, rural areas, mountain areas and sparsely populated areas easier access to expert advice, education and information, business support and financial guidance; |
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59.

Supports the proposal of the Committee of the Regions for the creation of a ‘virtual creativity network’ that would be open to all (businesses, local and regional authorities, central public authorities, the private sector and citizens) and would provide advice, assistance and access to venture capital and technical services; stresses that a virtual network offers the additional advantage of giving the inhabitants of islands, outlying regions, rural areas, mountain areas and sparsely populated areas easier access to expert advice, education and information, business support and financial guidance;

| 60. | Welcomes the Commission to make strong progress in improving career prospects for researchers and increasing their mobility between research sectors and across national borders. This would help ensure an adequate supply of researchers and enhance the quality of EU research and innovation. Researchers across the EU should be able to benefit from the right training, attractive career conditions and the removal of barriers to mobility; |
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60.

Welcomes the Commission to make strong progress in improving career prospects for researchers and increasing their mobility between research sectors and across national borders. This would help ensure an adequate supply of researchers and enhance the quality of EU research and innovation. Researchers across the EU should be able to benefit from the right training, attractive career conditions and the removal of barriers to mobility;

| 61. | Notes that social innovation is a Human Capital challenge where Universities must play an enhanced role through education, life-long training, research, innovation and entrepreneurship; highlights the importance of more open and modernised Universities and the need for greater University autonomy in defining strategic priorities and own course of action in response to societal priorities; |
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61.

Notes that social innovation is a Human Capital challenge where Universities must play an enhanced role through education, life-long training, research, innovation and entrepreneurship; highlights the importance of more open and modernised Universities and the need for greater University autonomy in defining strategic priorities and own course of action in response to societal priorities;

| 62. | Stresses, in order to ensure greater integration of the components of the knowledge triangle, the need to promote policies to strengthen cooperation between education systems and the business world in the development of new curricula and doctoral programmes; |
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62.

Stresses, in order to ensure greater integration of the components of the knowledge triangle, the need to promote policies to strengthen cooperation between education systems and the business world in the development of new curricula and doctoral programmes;

| 63. | Calls the Commission to create an ‘Open Innovation’ digital platform where European-wide policy problems can be posted, and ideas and solutions can be put forward by citizens and stakeholders across Europe; |
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63.

Calls the Commission to create an ‘Open Innovation’ digital platform where European-wide policy problems can be posted, and ideas and solutions can be put forward by citizens and stakeholders across Europe;

| 64. | Notes an existing skills gap in Universities in what concerns an improved and proactive interaction with the business sector; calls on the Commission to launch a new European-wide programme for training and education of University managers, of technology transfer officers, and of technology broker professionals and to issue guidelines for the professionalization of such careers in Universities; |
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64.

Notes an existing skills gap in Universities in what concerns an improved and proactive interaction with the business sector; calls on the Commission to launch a new European-wide programme for training and education of University managers, of technology transfer officers, and of technology broker professionals and to issue guidelines for the professionalization of such careers in Universities;

Simplification, defragmentation, financing and standardisation

| 65. | Stresses that important opportunity costs are associated with more traditional EU expenditure sectors and points to the need to align strategic EU2020 priorities with budgetary policy; therefore calls for a greater share of the EU budget to be allocated to R&D and innovation; |
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65.

Stresses that important opportunity costs are associated with more traditional EU expenditure sectors and points to the need to align strategic EU2020 priorities with budgetary policy; therefore calls for a greater share of the EU budget to be allocated to R&D and innovation;

| 66. | Highlights the comparative small size of the EU R&D&I budget as compared to Member States’ budgets which account for the majority of public research funding; therefore, calls for a greater emphasis on funding instruments with a leveraging effect on national research expenditure, on private investment, and on EIB funding, to promote coordination of efforts and to stimulate investment up to European target goals; |
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66.

Highlights the comparative small size of the EU R&D&I budget as compared to Member States’ budgets which account for the majority of public research funding; therefore, calls for a greater emphasis on funding instruments with a leveraging effect on national research expenditure, on private investment, and on EIB funding, to promote coordination of efforts and to stimulate investment up to European target goals;

| 67. | Calls on the Commission to combine existing aid schemes and supporting structures in order to move towards a simple and accessible system to accelerate innovation, to focus on the grand societal challenges and actively to prevent fragmentation and bureaucracy; |
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67.

Calls on the Commission to combine existing aid schemes and supporting structures in order to move towards a simple and accessible system to accelerate innovation, to focus on the grand societal challenges and actively to prevent fragmentation and bureaucracy;

| 68. | Calls on the Commission to evaluate the existing aid schemes and support structures and to set up a ‘one-stop shop’ in cooperation with the Member States, that is, a service counter where all stakeholders (especially innovative SMEs) – including local and regional government – can obtain information and apply for financial support or be linked up with potential partners; |
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68.

Calls on the Commission to evaluate the existing aid schemes and support structures and to set up a ‘one-stop shop’ in cooperation with the Member States, that is, a service counter where all stakeholders (especially innovative SMEs) – including local and regional government – can obtain information and apply for financial support or be linked up with potential partners;

| 69. | Stresses the need to support SMEs from the first stage of innovation until the end, so that they are able to innovate and can participate in European Support Programmes; |
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69.

Stresses the need to support SMEs from the first stage of innovation until the end, so that they are able to innovate and can participate in European Support Programmes;

| 70. | Is in favour of cluster internationalisation strategies geared to establishing proper support and guidance systems for SMEs; |
| --- | --- |

70.

Is in favour of cluster internationalisation strategies geared to establishing proper support and guidance systems for SMEs;

| 71. | Stresses the need for European clusters to raise their profiles and be more effective in putting across their successes and their results; takes the view that a service platform should be set up for innovative SMEs in the form of a cluster link bringing together various clusters and technology parks in Europe and around the world (for example, in the Mediterranean area); |
| --- | --- |

71.

Stresses the need for European clusters to raise their profiles and be more effective in putting across their successes and their results; takes the view that a service platform should be set up for innovative SMEs in the form of a cluster link bringing together various clusters and technology parks in Europe and around the world (for example, in the Mediterranean area);

| 72. | Stresses that R&D investment tends to drop in periods of economic crisis, even though it has been proved that those companies and Member States that invest the most during such periods are the ones that gain the greatest comparative market advantage; |
| --- | --- |

72.

Stresses that R&D investment tends to drop in periods of economic crisis, even though it has been proved that those companies and Member States that invest the most during such periods are the ones that gain the greatest comparative market advantage;

| 73. | Calls on the Commission to introduce a single policy framework for supporting and financing innovation with uniform rules, to create synergies and merge Research & Development & Innovation (R&D&I) support programmes, where possible, and to support innovation, by directing more funds to innovation and by encouraging more involvement of the financial sector; recalls on the Members States to respect their commitment to devote ETS revenues to finance climate related action, including innovation projects; |
| --- | --- |

73.

Calls on the Commission to introduce a single policy framework for supporting and financing innovation with uniform rules, to create synergies and merge Research & Development & Innovation (R&D&I) support programmes, where possible, and to support innovation, by directing more funds to innovation and by encouraging more involvement of the financial sector; recalls on the Members States to respect their commitment to devote ETS revenues to finance climate related action, including innovation projects;

| 74. | Calls on the Commission to consider multi-fund programmes for Member States and regions that want to use them; considers that it would contribute to working in a more integrated and flexible manner and would increase the effectiveness of interaction between the different funds (Structural Funds and the Framework Programmes for Research and Development); |
| --- | --- |

74.

Calls on the Commission to consider multi-fund programmes for Member States and regions that want to use them; considers that it would contribute to working in a more integrated and flexible manner and would increase the effectiveness of interaction between the different funds (Structural Funds and the Framework Programmes for Research and Development);

| 75. | Joins the Council in calling for a better balance between trust and control, and between risk-taking and risk avoidance, acknowledging that innovation and research are high-risk activities with no guaranteed results; |
| --- | --- |

75.

Joins the Council in calling for a better balance between trust and control, and between risk-taking and risk avoidance, acknowledging that innovation and research are high-risk activities with no guaranteed results;

| 76. | Draws attention to the fact that those participating in the innovation process have to deal with different procedures and eligibility criteria both in the various European programmes and between the latter and national programmes; this results in red tape, high costs and a waste of time and opportunities; calls for a joint commitment on the part of the Commission and the Member States to implement a simplification and convergence process in respect of the selection procedures and eligibility criteria used in the European Research and Innovation area; |
| --- | --- |

76.

Draws attention to the fact that those participating in the innovation process have to deal with different procedures and eligibility criteria both in the various European programmes and between the latter and national programmes; this results in red tape, high costs and a waste of time and opportunities; calls for a joint commitment on the part of the Commission and the Member States to implement a simplification and convergence process in respect of the selection procedures and eligibility criteria used in the European Research and Innovation area;

| 77. | Asks the European Commission to present to the European Parliament an external evaluation about the innovation instruments created inside the Seventh Framework Programme like Technological Platforms and JTIs where the evaluation should include activities, calls, innovation projects and results (if they exist) and the economic contribution from public and private funds; |
| --- | --- |

77.

Asks the European Commission to present to the European Parliament an external evaluation about the innovation instruments created inside the Seventh Framework Programme like Technological Platforms and JTIs where the evaluation should include activities, calls, innovation projects and results (if they exist) and the economic contribution from public and private funds;

| 78. | Reiterates the need for a significant increase in R&D&I investment, both private and public, in order that EU industry remains a technology leader and retain global competitiveness in areas such as transport and energy efficiency; furthermore, an increased public funding of R&D&I is necessary in order to leverage private investment; |
| --- | --- |

78.

Reiterates the need for a significant increase in R&D&I investment, both private and public, in order that EU industry remains a technology leader and retain global competitiveness in areas such as transport and energy efficiency; furthermore, an increased public funding of R&D&I is necessary in order to leverage private investment;

| 79. | Calls for the future framework programme to foster optimum use of research findings by linking them to the innovation process through the extension of the scope of project funding to include the demonstration and prototype stages; |
| --- | --- |

79.

Calls for the future framework programme to foster optimum use of research findings by linking them to the innovation process through the extension of the scope of project funding to include the demonstration and prototype stages;

| 80. | Stresses the importance of better assistance in the implementation of policies and programmes that enhance synergy within the research and development infrastructures - innovation - job creation chain; |
| --- | --- |

80.

Stresses the importance of better assistance in the implementation of policies and programmes that enhance synergy within the research and development infrastructures - innovation - job creation chain;

| 81. | Administrative and financial simplification of public funding procedures, especially in the EU Framework Programmes, is a prerequisite for stability, legal certainty for the participants and consequently, increased industry participation; |
| --- | --- |

81.

Administrative and financial simplification of public funding procedures, especially in the EU Framework Programmes, is a prerequisite for stability, legal certainty for the participants and consequently, increased industry participation;

| 82. | Reiterates that Framework Programmes should continue to support collaborative research in industry, as this leverages industrial funds and has a positive influence on creating productive innovation in the single market; |
| --- | --- |

82.

Reiterates that Framework Programmes should continue to support collaborative research in industry, as this leverages industrial funds and has a positive influence on creating productive innovation in the single market;

| 83. | Urges maintaining a strong base of excellence in basic research, building on the success of the European Research Council and maintain a strong base for applied scientific research and innovation, by creating a ERC-style agency for applied research and innovation, merging existing structures as appropriate; |
| --- | --- |

83.

Urges maintaining a strong base of excellence in basic research, building on the success of the European Research Council and maintain a strong base for applied scientific research and innovation, by creating a ERC-style agency for applied research and innovation, merging existing structures as appropriate;

| 84. | Believes that innovation and creativity are key to the economic recovery of the Union and that the importance of converting the Union's scientific and technological breakthroughs into new goods and services should not be underestimated; |
| --- | --- |

84.

Believes that innovation and creativity are key to the economic recovery of the Union and that the importance of converting the Union's scientific and technological breakthroughs into new goods and services should not be underestimated;

| 85. | Recalls that innovation is applying ideas successfully in practice and highlights the fundamental link between innovation and the marketplace; therefore, proper financial instruments should be available to accelerate the introduction of successful technologies, services or processes on the EU market, particularly those addressing the grand societal challenges; |
| --- | --- |

85.

Recalls that innovation is applying ideas successfully in practice and highlights the fundamental link between innovation and the marketplace; therefore, proper financial instruments should be available to accelerate the introduction of successful technologies, services or processes on the EU market, particularly those addressing the grand societal challenges;

| 86. | Takes the view that the commercial exploitation of research findings in the EU is inadequate or too slow, and recommends establishing business incubators which actively seek innovations and are in contact with higher education and research establishments, and whose task is to promote the commercial exploitation of research findings, for example through enterprise contacts or by helping to find ‘business angels’ or seed capital for starting new businesses; |
| --- | --- |

86.

Takes the view that the commercial exploitation of research findings in the EU is inadequate or too slow, and recommends establishing business incubators which actively seek innovations and are in contact with higher education and research establishments, and whose task is to promote the commercial exploitation of research findings, for example through enterprise contacts or by helping to find ‘business angels’ or seed capital for starting new businesses;

| 87. | Stresses the need, in order to stimulate demand and the market for innovative products, to promote innovation by creating new market opportunities; |
| --- | --- |

87.

Stresses the need, in order to stimulate demand and the market for innovative products, to promote innovation by creating new market opportunities;

| 88. | Calls upon the Commission and Member States to define and implement policy frameworks aimed at stimulating rapid access for users to valuable innovations across the EU, ensuring that newly-found innovations can actually reach potential end-users within reasonable timeframes; |
| --- | --- |

88.

Calls upon the Commission and Member States to define and implement policy frameworks aimed at stimulating rapid access for users to valuable innovations across the EU, ensuring that newly-found innovations can actually reach potential end-users within reasonable timeframes;

| 89. | Underlines the importance of differentiating between innovation and research; points out that innovation is a complex cross-cutting socio-economic process, which involves efforts to increase spending on R&D and support for SMEs and for high-tech activities, and focuses on developing integrated systems based on the characteristics and specificities of the different territories; |
| --- | --- |

89.

Underlines the importance of differentiating between innovation and research; points out that innovation is a complex cross-cutting socio-economic process, which involves efforts to increase spending on R&D and support for SMEs and for high-tech activities, and focuses on developing integrated systems based on the characteristics and specificities of the different territories;

| 90. | Calls on the Commission to link funding instruments more closely to demand-side innovation tools and to direct this support in greater extent to SMEs and start-up companies in need of early access to EU- or international markets; considers it therefore necessary to approve clear and specific ‧Rules of Participation‧ containing measures to increase the participation by small and micro enterprises; |
| --- | --- |

90.

Calls on the Commission to link funding instruments more closely to demand-side innovation tools and to direct this support in greater extent to SMEs and start-up companies in need of early access to EU- or international markets; considers it therefore necessary to approve clear and specific ‧Rules of Participation‧ containing measures to increase the participation by small and micro enterprises;

| 91. | Stresses the importance of doctoral programmes for European innovation and proposes developing a European framework for doctoral programmes which encourages lifelong learning and involves businesses in supporting, promoting and using the results of research; calls on the Member States to eliminate any legislative or administrative obstacles which might limit the access of interested parties to doctoral programmes; |
| --- | --- |

91.

Stresses the importance of doctoral programmes for European innovation and proposes developing a European framework for doctoral programmes which encourages lifelong learning and involves businesses in supporting, promoting and using the results of research; calls on the Member States to eliminate any legislative or administrative obstacles which might limit the access of interested parties to doctoral programmes;

| 92. | Calls on the Commission to consider multi-fund programmes for Member States and regions that want to use them; considers that it would contribute to work in a more integrated and flexible manner and would increase the effectiveness between the different funds (Structural Funds and the Framework Programmes for Research and Development); |
| --- | --- |

92.

Calls on the Commission to consider multi-fund programmes for Member States and regions that want to use them; considers that it would contribute to work in a more integrated and flexible manner and would increase the effectiveness between the different funds (Structural Funds and the Framework Programmes for Research and Development);

| 93. | Stresses the need to support a composite financial architecture, as well as the development of new financial mechanisms, also combining automatic instruments with grant-based instruments in order to foster investments needed to reach strategic R&D goals; |
| --- | --- |

93.

Stresses the need to support a composite financial architecture, as well as the development of new financial mechanisms, also combining automatic instruments with grant-based instruments in order to foster investments needed to reach strategic R&D goals;

| 94. | Welcomes the Commission proposal for the release by 2014 of appropriations to help increase and enhance the private funding necessary to promote innovation in Europe; |
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94.

Welcomes the Commission proposal for the release by 2014 of appropriations to help increase and enhance the private funding necessary to promote innovation in Europe;

| 95. | Recommends a change of the EIB mandate to allow for financing of risk-intensive close-to-the-market research and innovation; in this light, urges the Commission to expand the EIB's successful Risk Sharing Finance Facility (RSFF) by:






  — | increasing the risk-guarantee factor, |
| --- | --- | --- |

95.

Recommends a change of the EIB mandate to allow for financing of risk-intensive close-to-the-market research and innovation; in this light, urges the Commission to expand the EIB's successful Risk Sharing Finance Facility (RSFF) by:

—

increasing the risk-guarantee factor,

| — | stepping up the available guarantees and loans for private companies or public institutions with a higher financial risk profile for their R&D&I activities, |
| --- | --- |

—

stepping up the available guarantees and loans for private companies or public institutions with a higher financial risk profile for their R&D&I activities,

| — | providing an additional EUR 500 million in 2011, increasing current funding from EUR 1 billion to EUR 5 billion after 2013, and |
| --- | --- |

—

providing an additional EUR 500 million in 2011, increasing current funding from EUR 1 billion to EUR 5 billion after 2013, and

| — | diversifying the type of risk-sharing structures, in order to provide better access to finance for enterprises – in particular SMEs; |
| --- | --- |

—

diversifying the type of risk-sharing structures, in order to provide better access to finance for enterprises – in particular SMEs;

| 96. | Takes the view that a European innovation financing fund should be set up to boost investment in innovative SMEs through risk sharing involving the harnessing of private resources; |
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96.

Takes the view that a European innovation financing fund should be set up to boost investment in innovative SMEs through risk sharing involving the harnessing of private resources;

| 97. | Welcomes the Commission proposal to define specific investments addressed to innovative start-ups; |
| --- | --- |

97.

Welcomes the Commission proposal to define specific investments addressed to innovative start-ups;

| 98. | Calls on the Commission to move a greater proportion of close-to-the-market research, including demonstration projects, to debt and equity instruments in the future framework programmes, that could leverage more private capital, such as the CIP, the RSFF, and the EIF, and to ensure Europe-wide access for SMEs thereto; emphasizes the need to close the financing gaps for (cross-border) start-up firms; |
| --- | --- |

98.

Calls on the Commission to move a greater proportion of close-to-the-market research, including demonstration projects, to debt and equity instruments in the future framework programmes, that could leverage more private capital, such as the CIP, the RSFF, and the EIF, and to ensure Europe-wide access for SMEs thereto; emphasizes the need to close the financing gaps for (cross-border) start-up firms;

| 99. | Stresses that better understanding of the specificities associated with company size, development, stage and activity sector are required when designing funding instruments; calls for urgent action to tackle major bottlenecks at the initial stages of innovation by improving access to seed funding, angel funding and more equity and quasi-equity financing both at EU level but also regional and local level; |
| --- | --- |

99.

Stresses that better understanding of the specificities associated with company size, development, stage and activity sector are required when designing funding instruments; calls for urgent action to tackle major bottlenecks at the initial stages of innovation by improving access to seed funding, angel funding and more equity and quasi-equity financing both at EU level but also regional and local level;

| 100. | Stresses that the development potential of venture capital in the EU is far from having been realised due to differences in national rules and tax arrangements; welcomes the Commission proposal to ensure that by 2012, Venture Capital funds established in any Member State can function and invest freely in the EU creating therefore a true ‘EU Venture Capital Single Market’; |
| --- | --- |

100.

Stresses that the development potential of venture capital in the EU is far from having been realised due to differences in national rules and tax arrangements; welcomes the Commission proposal to ensure that by 2012, Venture Capital funds established in any Member State can function and invest freely in the EU creating therefore a true ‘EU Venture Capital Single Market’;

| 101. | Calls for the further development of instruments and mechanisms for improving SMEs access to research and innovation services (such as innovation vouchers) and other knowledge-based business services (modelling, risk assessment, etc.) that are crucial for SMEs to innovate and bring innovative solution to the market; |
| --- | --- |

101.

Calls for the further development of instruments and mechanisms for improving SMEs access to research and innovation services (such as innovation vouchers) and other knowledge-based business services (modelling, risk assessment, etc.) that are crucial for SMEs to innovate and bring innovative solution to the market;

| 102. | Highlights the business and eco-efficiency benefits of product-service systems and function-oriented business models and calls on the Commission to develop a strategy in this field; |
| --- | --- |

102.

Highlights the business and eco-efficiency benefits of product-service systems and function-oriented business models and calls on the Commission to develop a strategy in this field;

| 103. | Calls on the Commission and the Member States to re-evaluate the whole system of innovation with a view to removing unnecessary financial and administrative barriers, for example:






  — | to access to loans and other financial support opportunities and instruments for universities and RTOs, |
| --- | --- | --- |

103.

Calls on the Commission and the Member States to re-evaluate the whole system of innovation with a view to removing unnecessary financial and administrative barriers, for example:

—

to access to loans and other financial support opportunities and instruments for universities and RTOs,

| — | to develop technology transfer activities based on intellectual property valorisation; |
| --- | --- |

—

to develop technology transfer activities based on intellectual property valorisation;

| 104. | Regrets that innovation protocols are subjected to long bureaucratic approval processes that slow down innovation, limit the competitiveness of the EU market and stop the development of scientific knowledge in the medical community, thus deferring the benefits to patients; |
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104.

Regrets that innovation protocols are subjected to long bureaucratic approval processes that slow down innovation, limit the competitiveness of the EU market and stop the development of scientific knowledge in the medical community, thus deferring the benefits to patients;

| 105. | Stresses the importance of giving priority to revising the clinical trials directive in dialogue with researchers, with the aim of ensuring an improved regulatory framework for developing medicinal products and comparing alternative treatments with medicinal products in clinical research (as stated in the Council Conclusions on Innovation and Solidarity in Pharmaceuticals adopted in Brussels on 6 December 2010); |
| --- | --- |

105.

Stresses the importance of giving priority to revising the clinical trials directive in dialogue with researchers, with the aim of ensuring an improved regulatory framework for developing medicinal products and comparing alternative treatments with medicinal products in clinical research (as stated in the Council Conclusions on Innovation and Solidarity in Pharmaceuticals adopted in Brussels on 6 December 2010);

| 106. | Stresses the great importance of using new knowledge to create new and better ways to prevent, find and treat cancer and to promote rapid mechanisms to make those discoveries available to patients; |
| --- | --- |

106.

Stresses the great importance of using new knowledge to create new and better ways to prevent, find and treat cancer and to promote rapid mechanisms to make those discoveries available to patients;

| 107. | Highlights the importance of innovation in the Knowledge Triangle and calls on the need to develop a culture of innovation into the financial perspective and the post-2013 perspectives; |
| --- | --- |

107.

Highlights the importance of innovation in the Knowledge Triangle and calls on the need to develop a culture of innovation into the financial perspective and the post-2013 perspectives;

| 108. | Invites the Member States, in close cooperation with the regions, to make the best possible use of the Structural Funds for R&D&I in the current financing period while targeting the grand societal challenges, striving towards achieving cohesion in innovation and research and aligning the Structural Funds priorities with the EU2020 objectives; calls on the Commission and the Member States to avoid costly duplication by promoting smart and better targeted specialisation strategies; considers that regions should be incentivised to promote this architecture of European specialisation; |
| --- | --- |

108.

Invites the Member States, in close cooperation with the regions, to make the best possible use of the Structural Funds for R&D&I in the current financing period while targeting the grand societal challenges, striving towards achieving cohesion in innovation and research and aligning the Structural Funds priorities with the EU2020 objectives; calls on the Commission and the Member States to avoid costly duplication by promoting smart and better targeted specialisation strategies; considers that regions should be incentivised to promote this architecture of European specialisation;

| 109. | Highlights that cohesion funds earmarked for innovation go to large extent unspent due to unsuitable administrative requirements and to the need for matching funds unavailable at times of financial constraint; notes that this fact contributes to the widening economic gap among Member States, which lies at the core of the present Euro area crisis; calls for reform and streamlining of structural funds, to make them accessible for the restructuring of the economic actors involved, especially SMEs; |
| --- | --- |

109.

Highlights that cohesion funds earmarked for innovation go to large extent unspent due to unsuitable administrative requirements and to the need for matching funds unavailable at times of financial constraint; notes that this fact contributes to the widening economic gap among Member States, which lies at the core of the present Euro area crisis; calls for reform and streamlining of structural funds, to make them accessible for the restructuring of the economic actors involved, especially SMEs;

| 110. | Believes that the setting of benchmarks and standards have proven to be strong drivers for promoting innovation and sustainable competitiveness in several industrial sectors; Joins the Council in inviting the Commission to make proposals to accelerate, simplify, reduce the costs and modernise standardisation procedures through greater transparency and involvement of stakeholders, thus generating a quicker European response to innovative global market developments; ask the Commission to seriously consider successful innovative mechanisms such as the establishment of open standards integrating stakeholders along the value-chain; |
| --- | --- |

110.

Believes that the setting of benchmarks and standards have proven to be strong drivers for promoting innovation and sustainable competitiveness in several industrial sectors; Joins the Council in inviting the Commission to make proposals to accelerate, simplify, reduce the costs and modernise standardisation procedures through greater transparency and involvement of stakeholders, thus generating a quicker European response to innovative global market developments; ask the Commission to seriously consider successful innovative mechanisms such as the establishment of open standards integrating stakeholders along the value-chain;

| 111. | Points out that standardisation can increase innovation and competitiveness by facilitating access to markets and by enabling interoperability; encourages the Commission to step up efforts to promote the inclusion of European standards, particularly in the social and environmental fields, in future free trade agreements; |
| --- | --- |

111.

Points out that standardisation can increase innovation and competitiveness by facilitating access to markets and by enabling interoperability; encourages the Commission to step up efforts to promote the inclusion of European standards, particularly in the social and environmental fields, in future free trade agreements;

| 112. | Stresses therefore that all strategies in relation to transforming Europe for a post-crisis world need to be guided by sustainable job creation; |
| --- | --- |

112.

Stresses therefore that all strategies in relation to transforming Europe for a post-crisis world need to be guided by sustainable job creation;

| 113. | Urges the European Commission to follow the recommendation of the Interim Evaluation of the Seventh Framework Programme (Expert Group) when it asks for a moratorium on new instruments that should be considered until the existing ones have been sufficiently developed and adequately evaluated; therefore, calls for special precaution to be taken in order to avoid confusion due to the proliferation of instruments; |
| --- | --- |

113.

Urges the European Commission to follow the recommendation of the Interim Evaluation of the Seventh Framework Programme (Expert Group) when it asks for a moratorium on new instruments that should be considered until the existing ones have been sufficiently developed and adequately evaluated; therefore, calls for special precaution to be taken in order to avoid confusion due to the proliferation of instruments;

| 114. | Asks the Commission to present to Parliament an external evaluation of the innovation instruments created under the Seventh Framework Programme, such as, for example, technological platforms and JETIs (Joint European Technology Initiatives), and considers that the evaluation should cover activities, calls for proposals, innovation projects, results (if any) and the economic contribution from public and private funds. |
| --- | --- |

114.

Asks the Commission to present to Parliament an external evaluation of the innovation instruments created under the Seventh Framework Programme, such as, for example, technological platforms and JETIs (Joint European Technology Initiatives), and considers that the evaluation should cover activities, calls for proposals, innovation projects, results (if any) and the economic contribution from public and private funds.

| 115. | Calls on the Commission, in the light of the 2020 funding target for research and technological development amounting to 3 % of GDP and recognising that research and innovation are the only sure means of achieving economic recovery in the EU, to consider the possibility of establishing for the Member States an interim binding minimum level of funding for research and technological development amounting to around 1 % of GDP up to 2015; |
| --- | --- |

115.

Calls on the Commission, in the light of the 2020 funding target for research and technological development amounting to 3 % of GDP and recognising that research and innovation are the only sure means of achieving economic recovery in the EU, to consider the possibility of establishing for the Member States an interim binding minimum level of funding for research and technological development amounting to around 1 % of GDP up to 2015;

| 116. | Draws attention to the fact that innovation is essential to economic development and that the European Union needs to recruit around one million additional researchers in order to meet the goal of spending 3 % of GDP on R&D, as laid down in the Europe 2020 Strategy; believes that this goal can be more easily achieved by substantially increasing the number of women researchers, who account for only 39 % of researchers employed in the public sector and higher education, and 19 % of researchers working in the private sector (6); |
| --- | --- |

116.

Draws attention to the fact that innovation is essential to economic development and that the European Union needs to recruit around one million additional researchers in order to meet the goal of spending 3 % of GDP on R&D, as laid down in the Europe 2020 Strategy; believes that this goal can be more easily achieved by substantially increasing the number of women researchers, who account for only 39 % of researchers employed in the public sector and higher education, and 19 % of researchers working in the private sector (6);

| 117. | Supports the objective of increasing the number of researchers in the EU by one million by 2020, and observes that such an enormous investment would have significant multiplier effects on employment, but at the same time maintains that this is a very ambitious goal which would require objectives to be set for each individual country and purposeful efforts to be made; notes that the public sector does not necessarily have sufficient funds to do this, so that although there is a strong need to increase the number of posts for researchers at higher education establishments and public research institutes, most of the new researchers will be employed in the private sector; points out that attention should be focused less on the number of researchers than their innovativeness, the quality of their education, the European division of labour in the field of research, resources for research and the quality of research; |
| --- | --- |

117.

Supports the objective of increasing the number of researchers in the EU by one million by 2020, and observes that such an enormous investment would have significant multiplier effects on employment, but at the same time maintains that this is a very ambitious goal which would require objectives to be set for each individual country and purposeful efforts to be made; notes that the public sector does not necessarily have sufficient funds to do this, so that although there is a strong need to increase the number of posts for researchers at higher education establishments and public research institutes, most of the new researchers will be employed in the private sector; points out that attention should be focused less on the number of researchers than their innovativeness, the quality of their education, the European division of labour in the field of research, resources for research and the quality of research;

| 118. | Welcomes the Commission's support for open and collaborative innovation which will bring long-term social and economic benefits; approves in this context the commitment of the Commission to the dissemination, transfer and use of research results, including open access to publications and data from publicly funded research; encourages the Commission to find the necessary means to achieve these aims, and emphasises the role that Europeana can play in this field; |
| --- | --- |

118.

Welcomes the Commission's support for open and collaborative innovation which will bring long-term social and economic benefits; approves in this context the commitment of the Commission to the dissemination, transfer and use of research results, including open access to publications and data from publicly funded research; encourages the Commission to find the necessary means to achieve these aims, and emphasises the role that Europeana can play in this field;

Single market and intellectual property

| 119. | Stresses that the European single market must be completed for all goods and services as a matter of urgency, including innovative health products, thus providing access to 500 million consumers; reiterates that one great challenge for the European single market is fragmentation of laws and validation processes; |
| --- | --- |

119.

Stresses that the European single market must be completed for all goods and services as a matter of urgency, including innovative health products, thus providing access to 500 million consumers; reiterates that one great challenge for the European single market is fragmentation of laws and validation processes;

| 120. | Stresses that in some sectors, such as that of health, the results of research have fed into innovation whenever science has allowed, and therefore considers that the Commission’s pessimism with regard to innovation is in many cases unjustified; |
| --- | --- |

120.

Stresses that in some sectors, such as that of health, the results of research have fed into innovation whenever science has allowed, and therefore considers that the Commission’s pessimism with regard to innovation is in many cases unjustified;

| 121. | Emphasises that current licensing practices contribute to the fragmentation of the EU internal market; notes that although progress has been made, consumers’ demand for multi-territory and multi-repertoire licences for cross-border and online uses has not been satisfactorily addressed; |
| --- | --- |

121.

Emphasises that current licensing practices contribute to the fragmentation of the EU internal market; notes that although progress has been made, consumers’ demand for multi-territory and multi-repertoire licences for cross-border and online uses has not been satisfactorily addressed;

| 122. | Recalls that the objective of the EU is to promote the cultural and creative industries both online and offline and considers that the widespread use of pan-European licences in accordance with market and consumers’ demands should be the goal and that, if this cannot be achieved within a short time frame, a comprehensive assessment of necessary legislation to deal with all potential obstacles to the creation of an effective EU internal market, including the principle of territoriality, should be undertaken; |
| --- | --- |

122.

Recalls that the objective of the EU is to promote the cultural and creative industries both online and offline and considers that the widespread use of pan-European licences in accordance with market and consumers’ demands should be the goal and that, if this cannot be achieved within a short time frame, a comprehensive assessment of necessary legislation to deal with all potential obstacles to the creation of an effective EU internal market, including the principle of territoriality, should be undertaken;

| 123. | Welcomes the Commission revision of the Union trademark system and encourages the Commission to ensure that the relevant steps are taken to ensure that trademarks can benefit from the same level of protection in the online and offline environment; |
| --- | --- |

123.

Welcomes the Commission revision of the Union trademark system and encourages the Commission to ensure that the relevant steps are taken to ensure that trademarks can benefit from the same level of protection in the online and offline environment;

| 124. | Stresses that a strong, balanced and properly implemented intellectual property rights (IPR) system that contributes to greater transparency and prevents any fragmentation, is one of the key framework conditions for innovation; welcomes the Commission efforts to prevent IPR from constituting a barrier to competition and innovation; further calls on the Commission to develop a comprehensive intellectual property strategy – and where appropriate, to submit legislative proposals – which balances inventors’ rights with promoting wide use of and access to knowledge and inventions; |
| --- | --- |

124.

Stresses that a strong, balanced and properly implemented intellectual property rights (IPR) system that contributes to greater transparency and prevents any fragmentation, is one of the key framework conditions for innovation; welcomes the Commission efforts to prevent IPR from constituting a barrier to competition and innovation; further calls on the Commission to develop a comprehensive intellectual property strategy – and where appropriate, to submit legislative proposals – which balances inventors’ rights with promoting wide use of and access to knowledge and inventions;

| 125. | Urges the Commission to focus on ensuring that SMEs can make efficient use of intellectual and industrial property rights; |
| --- | --- |

125.

Urges the Commission to focus on ensuring that SMEs can make efficient use of intellectual and industrial property rights;

| 126. | Takes the view that the Commission should take into account the specific problems encountered by SMEs when it comes to asserting their intellectual property rights in accordance with the principle of ‘Think Small First’ established by the Small Business Act for Europe, inter alia by applying the principle of non-discrimination for SMEs; |
| --- | --- |

126.

Takes the view that the Commission should take into account the specific problems encountered by SMEs when it comes to asserting their intellectual property rights in accordance with the principle of ‘Think Small First’ established by the Small Business Act for Europe, inter alia by applying the principle of non-discrimination for SMEs;

| 127. | Takes the view that well functioning enforcement of IPR increases the incentives for companies to develop innovative products and therefore increases the range of goods and services available to consumers; |
| --- | --- |

127.

Takes the view that well functioning enforcement of IPR increases the incentives for companies to develop innovative products and therefore increases the range of goods and services available to consumers;

| 128. | Calls for the introduction of a balanced single European patent; welcomes, meanwhile, the broad support in the Council for the enhanced cooperation procedure on a single EU patent to start in 2011; |
| --- | --- |

128.

Calls for the introduction of a balanced single European patent; welcomes, meanwhile, the broad support in the Council for the enhanced cooperation procedure on a single EU patent to start in 2011;

| 129. | Points out that the single European patent and the European Company Statute need to be adopted to promote the transition to extra-Community trade; underlines the need to reduce the costs of an EU patent and IPR, taking into account the economic disparities that exist among EU Member States, in order to make them more competitive vis-à-vis US and Japanese prices; |
| --- | --- |

129.

Points out that the single European patent and the European Company Statute need to be adopted to promote the transition to extra-Community trade; underlines the need to reduce the costs of an EU patent and IPR, taking into account the economic disparities that exist among EU Member States, in order to make them more competitive vis-à-vis US and Japanese prices;

| 130. | Calls for the completion of the European Research Area – a Treaty obligation – by 2014, so as to enable the EU to retain and attract top talent, to maximise the freedom of movement for researchers, to promote the cross-border activity of research and technology institutes and the dissemination, transfer and exploitation of research results; stresses that it will therefore be of key importance to develop appropriate funding mechanisms; |
| --- | --- |

130.

Calls for the completion of the European Research Area – a Treaty obligation – by 2014, so as to enable the EU to retain and attract top talent, to maximise the freedom of movement for researchers, to promote the cross-border activity of research and technology institutes and the dissemination, transfer and exploitation of research results; stresses that it will therefore be of key importance to develop appropriate funding mechanisms;

| 131. | Stresses the need to promote policies which encourage researchers to remain in the EU Member States by promoting attractive working conditions at public research institutes; |
| --- | --- |

131.

Stresses the need to promote policies which encourage researchers to remain in the EU Member States by promoting attractive working conditions at public research institutes;

| 132. | Believes that an efficient innovation and growth policy must inevitably invest in research programmes which facilitate mobility and exchanges between researchers at international level and strengthen cooperation between the worlds of science and business (Marie Curie Actions); |
| --- | --- |

132.

Believes that an efficient innovation and growth policy must inevitably invest in research programmes which facilitate mobility and exchanges between researchers at international level and strengthen cooperation between the worlds of science and business (Marie Curie Actions);

| 133. | Stresses the importance of creating, at both European and national level, favourable conditions and incentives in order to boost participation in doctoral studies, as well as participation in innovative research, so as to prevent the brain drain and enable the EU to derive substantial benefits, strengthening its competitiveness through advanced, innovative research and studies; |
| --- | --- |

133.

Stresses the importance of creating, at both European and national level, favourable conditions and incentives in order to boost participation in doctoral studies, as well as participation in innovative research, so as to prevent the brain drain and enable the EU to derive substantial benefits, strengthening its competitiveness through advanced, innovative research and studies;

| 134. | Calls for swift revision of the legislation on the Community trade mark and, in this connection, for appropriate steps to be taken to ensure that trade marks are afforded the same degree of protection in both online and offline environments; |
| --- | --- |

134.

Calls for swift revision of the legislation on the Community trade mark and, in this connection, for appropriate steps to be taken to ensure that trade marks are afforded the same degree of protection in both online and offline environments;

| 135. | Welcomes the Commission proposal to develop a European knowledge market for IPR and licensing by the end of 2011, including facilitating access to unused intellectual properties, among others, by encouraging the formation of common patent platforms and patent pools; |
| --- | --- |

135.

Welcomes the Commission proposal to develop a European knowledge market for IPR and licensing by the end of 2011, including facilitating access to unused intellectual properties, among others, by encouraging the formation of common patent platforms and patent pools;

| 136. | Urges the Commission to come forward with legislative proposals required for the creation of a fully functioning Digital Single Market by 2015, as this would significantly improve the framework conditions for innovation; stresses that the initiatives must be ambitious in particular in key areas such as copyright, e-commerce, including consumer policy for e-commerce, and utilisation of public-sector information; |
| --- | --- |

136.

Urges the Commission to come forward with legislative proposals required for the creation of a fully functioning Digital Single Market by 2015, as this would significantly improve the framework conditions for innovation; stresses that the initiatives must be ambitious in particular in key areas such as copyright, e-commerce, including consumer policy for e-commerce, and utilisation of public-sector information;

| 137. | Calls on the Commission and the Member States to place the completion of the Single Market, including measures to promote a Digital Single Market, at the heart of innovation policy, as this will deliver better prices and more quality for consumers, support the development of innovative products, boost job creation in the EU and generate new EU growth opportunities in lead markets; |
| --- | --- |

137.

Calls on the Commission and the Member States to place the completion of the Single Market, including measures to promote a Digital Single Market, at the heart of innovation policy, as this will deliver better prices and more quality for consumers, support the development of innovative products, boost job creation in the EU and generate new EU growth opportunities in lead markets;

| 138. | Points out that, if we are to move towards a single innovation market, ways of assessing the direct and indirect, short- and long-term, economic and social benefits need to be agreed; |
| --- | --- |

138.

Points out that, if we are to move towards a single innovation market, ways of assessing the direct and indirect, short- and long-term, economic and social benefits need to be agreed;

Public procurement

| 139. | Recalls that public procurement, representing 17 % of the EU’s annual GDP, plays an important role in the European single market and in stimulating innovation; |
| --- | --- |

139.

Recalls that public procurement, representing 17 % of the EU’s annual GDP, plays an important role in the European single market and in stimulating innovation;

| 140. | Urges the Member States to strategically use public procurement addressing the societal challenges, to stimulate innovation and direct their public procurement budget towards innovative, sustainable and eco-efficient products, processes and services, taking into account that the cheapest offer may not always be economically the most viable one; calls, therefore, on the Commission:






  — | to facilitate, in its legislative proposals, public procurement which enables innovation, including a review of pre-commercial procurement opportunities; |
| --- | --- | --- |

140.

Urges the Member States to strategically use public procurement addressing the societal challenges, to stimulate innovation and direct their public procurement budget towards innovative, sustainable and eco-efficient products, processes and services, taking into account that the cheapest offer may not always be economically the most viable one; calls, therefore, on the Commission:

—

to facilitate, in its legislative proposals, public procurement which enables innovation, including a review of pre-commercial procurement opportunities;

| — | to provide possibilities for using EU co-funding through the Structural Funds as an incentive for regional and local public sector bodies, |
| --- | --- |

—

to provide possibilities for using EU co-funding through the Structural Funds as an incentive for regional and local public sector bodies,

| — | to issue best-practice guidelines and training programmes for public procurers at Member state-level, aiming at developing skills in complex pre-commercial and innovative procurement; |
| --- | --- |

—

to issue best-practice guidelines and training programmes for public procurers at Member state-level, aiming at developing skills in complex pre-commercial and innovative procurement;

| 141. | Insists that innovation must be a key component of public policy in such fields as the environment, water, energy, transport, telecommunications, health and education; stresses the need to promote the across-the-board dissemination and absorption of innovation, in the public sector, private firms and especially SMEs; |
| --- | --- |

141.

Insists that innovation must be a key component of public policy in such fields as the environment, water, energy, transport, telecommunications, health and education; stresses the need to promote the across-the-board dissemination and absorption of innovation, in the public sector, private firms and especially SMEs;

| 142. | Urges the Commission and Member States to support the efforts of the public sector to adopt innovative approaches and launch the new research programme on innovation in the public sector, for example in the fields of e-government, e-health and e-procurement, and also disseminate best practices in public administration which will reduce bureaucracy and embrace citizen-centred policies; stresses the importance of the public sector in strengthening public confidence in the internal digital market; |
| --- | --- |

142.

Urges the Commission and Member States to support the efforts of the public sector to adopt innovative approaches and launch the new research programme on innovation in the public sector, for example in the fields of e-government, e-health and e-procurement, and also disseminate best practices in public administration which will reduce bureaucracy and embrace citizen-centred policies; stresses the importance of the public sector in strengthening public confidence in the internal digital market;

| 143. | Calls on the Commission, Member States and local and regional authorities to encourage the use of e-procurement and especially the take up of pre-commercial procurement, including joint and electronic procurement, whilst paying due attention to compliance with data protection rules as an integral part of the EU's innovation strategy; calls in particular on the Commission as part of the general review of the legal framework for public procurement, to clarify and simplify the relevant rules and enable contracting authorities to make more transparent use of pre-commercial procurement; calls also on the Commission and Member States to encourage the transparent inclusion of specified and veritable social, environmental, fair-trade and innovative criteria in public procurement without undermining SMEs’ active engagement in the process of working up new and innovative solutions and respecting applicable competition rules; |
| --- | --- |

143.

Calls on the Commission, Member States and local and regional authorities to encourage the use of e-procurement and especially the take up of pre-commercial procurement, including joint and electronic procurement, whilst paying due attention to compliance with data protection rules as an integral part of the EU's innovation strategy; calls in particular on the Commission as part of the general review of the legal framework for public procurement, to clarify and simplify the relevant rules and enable contracting authorities to make more transparent use of pre-commercial procurement; calls also on the Commission and Member States to encourage the transparent inclusion of specified and veritable social, environmental, fair-trade and innovative criteria in public procurement without undermining SMEs’ active engagement in the process of working up new and innovative solutions and respecting applicable competition rules;

| 144. | Notes that innovative SMEs face problems in accessing funding for internationalization and international trade credit insurance, among other barriers, and highlights the need to implement new support measures for SMEs under the framework of the revised Small Business Act and the expected Communication on International Trade Policy and SMEs; |
| --- | --- |

144.

Notes that innovative SMEs face problems in accessing funding for internationalization and international trade credit insurance, among other barriers, and highlights the need to implement new support measures for SMEs under the framework of the revised Small Business Act and the expected Communication on International Trade Policy and SMEs;

| 145. | Emphasises that international reciprocity is needed in respect of access to public procurement markets, thus enabling EU businesses to compete on fair terms internationally; |
| --- | --- |

145.

Emphasises that international reciprocity is needed in respect of access to public procurement markets, thus enabling EU businesses to compete on fair terms internationally;

| 146. | Insists on the need to focus particularly on non-tariff barriers, which, as tariffs are gradually reduced or eliminated, tend to become the main obstacles to international trade; regards as unjustified all barriers resulting from the inconsistent implementation of bilateral and multilateral trade rules; regards as justified, on the other hand, all barriers resulting from legitimate legislative and administrative activities by public authorities originating in non-trade areas but having unintended consequences on trade, the elimination of which must be subject to public consultation and deliberation; |
| --- | --- |

146.

Insists on the need to focus particularly on non-tariff barriers, which, as tariffs are gradually reduced or eliminated, tend to become the main obstacles to international trade; regards as unjustified all barriers resulting from the inconsistent implementation of bilateral and multilateral trade rules; regards as justified, on the other hand, all barriers resulting from legitimate legislative and administrative activities by public authorities originating in non-trade areas but having unintended consequences on trade, the elimination of which must be subject to public consultation and deliberation;

| 147. | Acknowledges that technology transfer in the interest of development and with respect to achieving the MDGs needs to be an important aspect of European trade policy, but recognizes that the transfer of EU high-technology know-how to third countries should be monitored by the Commission in order to gain better information on innovation patterns and future developments, and to avoid unfair competition; |
| --- | --- |

147.

Acknowledges that technology transfer in the interest of development and with respect to achieving the MDGs needs to be an important aspect of European trade policy, but recognizes that the transfer of EU high-technology know-how to third countries should be monitored by the Commission in order to gain better information on innovation patterns and future developments, and to avoid unfair competition;

| 148. | Underlines the important role that SMEs can play if public procurement rules are designed with adjustable requirements (including capital requirements and the size of contracts) according to the size of the participating business; |
| --- | --- |

148.

Underlines the important role that SMEs can play if public procurement rules are designed with adjustable requirements (including capital requirements and the size of contracts) according to the size of the participating business;

| 149. | Stresses the importance of the EU and its Member States engaging in scientific cooperation with third countries; takes the view that EU undertakings must be guaranteed better access to research and development programmes in third countries; |
| --- | --- |

149.

Stresses the importance of the EU and its Member States engaging in scientific cooperation with third countries; takes the view that EU undertakings must be guaranteed better access to research and development programmes in third countries;

| 150. | Stresses that the EU and the Member States should act in a coordinated manner on agreements and measures in the field of science and technology relating to third countries; takes the view that consideration should be given to the potential for framework agreements by the EU and its Member States with third countries; |
| --- | --- |

150.

Stresses that the EU and the Member States should act in a coordinated manner on agreements and measures in the field of science and technology relating to third countries; takes the view that consideration should be given to the potential for framework agreements by the EU and its Member States with third countries;

European Innovation Partnerships (EIPs)

| 151. | Recalls its resolution of 11 November 2010 on EIPs:






  — | stating the overarching principle of resource intelligence in all EIPs, thus promoting resource efficiency, smart consumption and efficient production and management throughout the supply chain, |
| --- | --- | --- |

151.

Recalls its resolution of 11 November 2010 on EIPs:

—

stating the overarching principle of resource intelligence in all EIPs, thus promoting resource efficiency, smart consumption and efficient production and management throughout the supply chain,

| — | welcoming the pilot project on active and healthy ageing; |
| --- | --- |

—

welcoming the pilot project on active and healthy ageing;

| 152. | Stresses that the EIPs must:






  — | not exceed the limited number of grand societal challenges and must be aligned with them, |
| --- | --- | --- |

152.

Stresses that the EIPs must:

—

not exceed the limited number of grand societal challenges and must be aligned with them,

| — | generate inspiration through ambitious but feasible ‘(wo)man on the moon’ targets, focused on impact, clear deliverables and translated coherently into specific objectives, |
| --- | --- |

—

generate inspiration through ambitious but feasible ‘(wo)man on the moon’ targets, focused on impact, clear deliverables and translated coherently into specific objectives,

| — | create synergies and follow the SMART principles, |
| --- | --- |

—

create synergies and follow the SMART principles,

| — | be shared and coordinated among more than two policy fields (DGs) within the Commission, |
| --- | --- |

—

be shared and coordinated among more than two policy fields (DGs) within the Commission,

| — | integrate and better coordinate all existing R&D&I instruments and initiatives, including the EIT’s Knowledge and Innovation Communities, while avoiding unnecessary duplication, |
| --- | --- |

—

integrate and better coordinate all existing R&D&I instruments and initiatives, including the EIT’s Knowledge and Innovation Communities, while avoiding unnecessary duplication,

| — | ensure participation of all relevant public and private partners, including SMEs and civil society organisations, along the supply chains, in the selection, development and operation of the future partnerships; |
| --- | --- |

—

ensure participation of all relevant public and private partners, including SMEs and civil society organisations, along the supply chains, in the selection, development and operation of the future partnerships;

Therefore asks the European Commission to promote and support other initiatives based on the principle of European Innovation Partnerships;

| 153. | Considers exemplary the objective assigned to the pilot Partnership on Active and Healthy Ageing of extending healthy lifetimes by two years by 2020, and takes the view that clear objectives should be set for all innovation partnerships, which without innovative measures would lack vision and motivation, making it more difficult to set measurable interim and partial objectives; |
| --- | --- |

153.

Considers exemplary the objective assigned to the pilot Partnership on Active and Healthy Ageing of extending healthy lifetimes by two years by 2020, and takes the view that clear objectives should be set for all innovation partnerships, which without innovative measures would lack vision and motivation, making it more difficult to set measurable interim and partial objectives;

| 154. | Welcomes the ‘European Innovation Partnerships’ intended to increase and coordinate investments in R&D as well as to better coordinate public procurement to speed up the introduction of innovations into the market; stresses however that procurement policies should be designed not to replace private markets or to distort competition but to leverage them, stimulating the diffusion of innovation, while keeping the markets open to move in new directions; |
| --- | --- |

154.

Welcomes the ‘European Innovation Partnerships’ intended to increase and coordinate investments in R&D as well as to better coordinate public procurement to speed up the introduction of innovations into the market; stresses however that procurement policies should be designed not to replace private markets or to distort competition but to leverage them, stimulating the diffusion of innovation, while keeping the markets open to move in new directions;

| 155. | Calls on the Commission to come up with proposals in the Regulation for the different funds in the period 2014-2020, in order to facilitate the European Innovation Partnership in concrete terms; |
| --- | --- |

155.

Calls on the Commission to come up with proposals in the Regulation for the different funds in the period 2014-2020, in order to facilitate the European Innovation Partnership in concrete terms;

| 156. | Calls upon the Commission to report annually to Parliament on all EIPs, and twice-yearly on the first pilot project and demands the involvement of the European Parliament in all stages of the implementation of the EIPs; |
| --- | --- |

156.

Calls upon the Commission to report annually to Parliament on all EIPs, and twice-yearly on the first pilot project and demands the involvement of the European Parliament in all stages of the implementation of the EIPs;

| 157. | Calls on the Commission to set up an innovation partnership for raw materials; |
| --- | --- |

157.

Calls on the Commission to set up an innovation partnership for raw materials;

The region as an important partner

| 158. | Underlines that full engagement of the regional and local authorities is crucial to achieving the goals of the Innovation Union, as they have an important role in bringing together businesses, knowledge institutions, public authorities and the citizen in the diamond 4 standard thus serving as an intermediary between these various actors, the Member States and the EU; calls therefore on the Commission to suggest areas for discussion and operational arrangements whereby the regions can participate in and make a contribution towards providing the most appropriate responses to the grand societal challenges, in compliance with the principle of subsidiarity while at the same time acknowledging the specific needs of the different regions; |
| --- | --- |

158.

Underlines that full engagement of the regional and local authorities is crucial to achieving the goals of the Innovation Union, as they have an important role in bringing together businesses, knowledge institutions, public authorities and the citizen in the diamond 4 standard thus serving as an intermediary between these various actors, the Member States and the EU; calls therefore on the Commission to suggest areas for discussion and operational arrangements whereby the regions can participate in and make a contribution towards providing the most appropriate responses to the grand societal challenges, in compliance with the principle of subsidiarity while at the same time acknowledging the specific needs of the different regions;

| 159. | Notes the conclusions of the European Innovation Panel of 2009 to the effect that the economic and financial crisis is having disproportionate effects in different countries and regions which are undermining the convergence objective; is concerned that the current budgetary constraints imposed on the Member States may lead to greater restrictions on STI investment, with potentially damaging effects; agrees that the ‘Innovation Union’ initiative should involve all Member States and regions and that it is essential to avoid creating an ‘innovation divide’ between more and less innovative countries and regions; |
| --- | --- |

159.

Notes the conclusions of the European Innovation Panel of 2009 to the effect that the economic and financial crisis is having disproportionate effects in different countries and regions which are undermining the convergence objective; is concerned that the current budgetary constraints imposed on the Member States may lead to greater restrictions on STI investment, with potentially damaging effects; agrees that the ‘Innovation Union’ initiative should involve all Member States and regions and that it is essential to avoid creating an ‘innovation divide’ between more and less innovative countries and regions;

| 160. | Calls on every region to invest in innovation and adjust its innovation strategy to increase its efficiency, furthermore to upgrade its human capital and enhance the ability and willingness of its enterprises to innovate and be internationally competitive; |
| --- | --- |

160.

Calls on every region to invest in innovation and adjust its innovation strategy to increase its efficiency, furthermore to upgrade its human capital and enhance the ability and willingness of its enterprises to innovate and be internationally competitive;

| 161. | Points out that decision-takers at regional level must be fully aware of the potential for economic growth that research and innovation activities offer all regions, as the bulk of innovations come about at the practical interface (demand- and user-based innovations) and are mostly funded by the ERDF; notes therefore that, in so far as innovation activities do not necessarily or principally require the existence of higher education establishments, regions without universities and research centres should also be able to develop their own innovation capacities and derive maximum benefit from regional and local resources and assets in terms of potential for innovation; |
| --- | --- |

161.

Points out that decision-takers at regional level must be fully aware of the potential for economic growth that research and innovation activities offer all regions, as the bulk of innovations come about at the practical interface (demand- and user-based innovations) and are mostly funded by the ERDF; notes therefore that, in so far as innovation activities do not necessarily or principally require the existence of higher education establishments, regions without universities and research centres should also be able to develop their own innovation capacities and derive maximum benefit from regional and local resources and assets in terms of potential for innovation;

| 162. | Notes that fostering innovation at the regional level can help reduce regional disparities; encourages the various levels (regional, national and EU) nonetheless to coordinate their efforts more effectively as part of Europe-wide planning of R&D activities; |
| --- | --- |

162.

Notes that fostering innovation at the regional level can help reduce regional disparities; encourages the various levels (regional, national and EU) nonetheless to coordinate their efforts more effectively as part of Europe-wide planning of R&D activities;

| 163. | Points out that innovation – both in policy-making and in the activities of businesses and research centres – is of fundamental importance in fleshing out EU territorial cohesion policy and that, by its very nature, it can make a decisive contribution towards meeting cohesion objectives and overcoming the barriers standing in the way of this in areas with specific geographical and demographic features; |
| --- | --- |

163.

Points out that innovation – both in policy-making and in the activities of businesses and research centres – is of fundamental importance in fleshing out EU territorial cohesion policy and that, by its very nature, it can make a decisive contribution towards meeting cohesion objectives and overcoming the barriers standing in the way of this in areas with specific geographical and demographic features;

| 164. | Draws attention to the contribution that cultural diversity makes to innovation; considers, in this connection, that action to safeguard and promote regional cultural diversity should be given a prominent role in innovation policy; |
| --- | --- |

164.

Draws attention to the contribution that cultural diversity makes to innovation; considers, in this connection, that action to safeguard and promote regional cultural diversity should be given a prominent role in innovation policy;

| 165. | Stresses the key role of the regions in drawing up policies to stimulate innovation at national level; points out, however, that in many Member States regional and local budgets are insufficient and national budgets for innovation are low; |
| --- | --- |

165.

Stresses the key role of the regions in drawing up policies to stimulate innovation at national level; points out, however, that in many Member States regional and local budgets are insufficient and national budgets for innovation are low;

| 166. | Stresses that the full innovation potential of EU regions must be mobilised in order to meet the Europe 2020 objective of smart, sustainable and inclusive growth, and points out that future regional policy must treat this challenge as a major priority; believes that this prioritisation applies to all the objectives of regional policy, and emphasises the need to ensure that the competitiveness of Europe is guaranteed by world standards; calls for industry to be involved in eco-innovation, since entrepreneurs have a very important role to play in spreading eco-innovation more widely at regional level; notes in this regard that informing entrepreneurs – by demonstrating new business opportunities – will be crucial to the success of a strategy aimed at developing resource-efficient economies and sustainable industries. |
| --- | --- |

166.

Stresses that the full innovation potential of EU regions must be mobilised in order to meet the Europe 2020 objective of smart, sustainable and inclusive growth, and points out that future regional policy must treat this challenge as a major priority; believes that this prioritisation applies to all the objectives of regional policy, and emphasises the need to ensure that the competitiveness of Europe is guaranteed by world standards; calls for industry to be involved in eco-innovation, since entrepreneurs have a very important role to play in spreading eco-innovation more widely at regional level; notes in this regard that informing entrepreneurs – by demonstrating new business opportunities – will be crucial to the success of a strategy aimed at developing resource-efficient economies and sustainable industries.

| 167. | Stresses the role of the innovative potential of countries which are not members of the EU but which cooperate with the EU within the framework of the Eastern Partnership, and calls for those countries to be included in the ‘Innovation Union’ initiative; |
| --- | --- |

167.

Stresses the role of the innovative potential of countries which are not members of the EU but which cooperate with the EU within the framework of the Eastern Partnership, and calls for those countries to be included in the ‘Innovation Union’ initiative;

| 168. | Highlights the great potential of cities in pursuing research and innovation; believes that smarter urban policy, and the ‘Smart Cities’ initiative in the field of energy, based on technological advancements and addressing the fact that 80 % of Europe’s population lives in towns, which is also where the greatest social disparities are, would contribute to sustainable economic innovation; |
| --- | --- |

168.

Highlights the great potential of cities in pursuing research and innovation; believes that smarter urban policy, and the ‘Smart Cities’ initiative in the field of energy, based on technological advancements and addressing the fact that 80 % of Europe’s population lives in towns, which is also where the greatest social disparities are, would contribute to sustainable economic innovation;

Strategy Implementation

| 169. | Invites the European Commission to translate the current strategic document ‘Innovation Union’ into an action plan with specific objectives and with measurable and time-framed targets; calls on the Commission to monitor progress regularly, assessing obstacles and putting forward mechanism to enable improvement, reporting regularly to the European Parliament and the Council; |
| --- | --- |

169.

Invites the European Commission to translate the current strategic document ‘Innovation Union’ into an action plan with specific objectives and with measurable and time-framed targets; calls on the Commission to monitor progress regularly, assessing obstacles and putting forward mechanism to enable improvement, reporting regularly to the European Parliament and the Council;

| 170. | Invites the European Commission to assess specific instruments of the European Innovation Policy against our main external competitors (USA, Japan, and BRIC countries) and report on their comparative performance towards innovation. |
| --- | --- |

170.

Invites the European Commission to assess specific instruments of the European Innovation Policy against our main external competitors (USA, Japan, and BRIC countries) and report on their comparative performance towards innovation.

*

* *

| 171. | Instructs its President to forward this resolution to the Council, the Commission and the Member States. |
| --- | --- |

171.

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

---

(1)  Texts adopted, P7_TA(2010)0398.

(2)  Texts adopted, P7_TA(2011)0093.

(3)  Texts adopted, P7_TA(2010)0209.

(4)  Texts adopted, P7_TA(2010)0223.

(5)  Texts adopted, P7_TA(2010)0401.

(6)  Press release entitled ‘She Figures 2009 – major findings and trends’, European Commission, 2009, http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/09/519&format=HTML&aged=0&language=EN&guiLanguage=en.

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| 7.12.2012 | EN | Official Journal of the European Union | CE 377/128 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/128

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Thursday 12 May 2011ILO convention supplemented by a recommendation on domestic workers

P7_TA(2011)0237

European Parliament resolution of 12 May 2011 on the proposed ILO convention supplemented by a recommendation on domestic workers

2012/C 377 E/16

The European Parliament,

| — | having regard to the question of 24 February 2011 to the Commission on ILO convention on domestic workers (O-000092/2011 – B7-0305/2011), |
| --- | --- |

—

having regard to the question of 24 February 2011 to the Commission on ILO convention on domestic workers (O-000092/2011 – B7-0305/2011),

| — | having regard to its resolution of 23 March 2006 on demographic challenges and solidarity between generations (1), |
| --- | --- |

—

having regard to its resolution of 23 March 2006 on demographic challenges and solidarity between generations (1),

| — | having regard to its resolution of 15 January 2008 on the Community strategy 2007-2012 on health and safety at work (2), |
| --- | --- |

—

having regard to its resolution of 15 January 2008 on the Community strategy 2007-2012 on health and safety at work (2),

| — | having regard to its resolution of 19 October 2010 on precarious women workers (3), |
| --- | --- |

—

having regard to its resolution of 19 October 2010 on precarious women workers (3),

| — | having regard to its resolution of 20 October 2010 on the role of minimum income in combating poverty and promoting an inclusive society in Europe (4), |
| --- | --- |

—

having regard to its resolution of 20 October 2010 on the role of minimum income in combating poverty and promoting an inclusive society in Europe (4),

| — | having regard to its resolution of 6 July 2010 on atypical contracts, secured professional paths, and new forms of social dialogue (5), |
| --- | --- |

—

having regard to its resolution of 6 July 2010 on atypical contracts, secured professional paths, and new forms of social dialogue (5),

| — | having regard to Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (framework directive) (6) and to its individual directives, |
| --- | --- |

—

having regard to Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (framework directive) (6) and to its individual directives,

| — | having regard to the Commission communication of 24 May 2006 entitled ‘Promoting decent work for all - The EU contribution to the implementation of the decent work agenda in the world’ (COM(2006)0249) and Parliament’s resolution of 23 May 2007 (7) on promoting decent work for all, |
| --- | --- |

—

having regard to the Commission communication of 24 May 2006 entitled ‘Promoting decent work for all - The EU contribution to the implementation of the decent work agenda in the world’ (COM(2006)0249) and Parliament’s resolution of 23 May 2007 (7) on promoting decent work for all,

| — | having regard to the International Labour Office (ILO) Reports IV(1) and IV (2), entitled ‘Decent work for domestic workers’, drawn up for the 99th session of the International Labour Conference in June 2010, and Reports IV(1) (or the so-called ‘Brown Report’) and IV(2) (or the so-called ‘Blue report’, published in two volumes) entitled ‘Decent work for domestic workers’, drawn up for the 100th session of the International Labour Conference in June 2011, |
| --- | --- |

—

having regard to the International Labour Office (ILO) Reports IV(1) and IV (2), entitled ‘Decent work for domestic workers’, drawn up for the 99th session of the International Labour Conference in June 2010, and Reports IV(1) (or the so-called ‘Brown Report’) and IV(2) (or the so-called ‘Blue report’, published in two volumes) entitled ‘Decent work for domestic workers’, drawn up for the 100th session of the International Labour Conference in June 2011,

| — | having regard the opinion of the European Economic and Social Committee on the professionalisation of domestic workers (8), |
| --- | --- |

—

having regard the opinion of the European Economic and Social Committee on the professionalisation of domestic workers (8),

| — | having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), in particular Article 4.1, prohibiting slavery and servitude, and Article 14, prohibiting discrimination, |
| --- | --- |

—

having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), in particular Article 4.1, prohibiting slavery and servitude, and Article 14, prohibiting discrimination,

| — | having regard to the European Convention on the Legal Status of Migrant Workers (1977), |
| --- | --- |

—

having regard to the European Convention on the Legal Status of Migrant Workers (1977),

| — | having regard to the European Agreement on ‘Au Pair’ Placement (1969), |
| --- | --- |

—

having regard to the European Agreement on ‘Au Pair’ Placement (1969),

| — | having regard to Recommendation 1663 of the European Charter of Rights for Domestic Workers (2004), |
| --- | --- |

—

having regard to Recommendation 1663 of the European Charter of Rights for Domestic Workers (2004),

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

—

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

| A. | whereas the crisis has been wiping out millions of jobs and has aggravated job precarity and poverty; whereas 17 % of EU residents are at risk of poverty; and whereas 23 million EU residents are unemployed, |
| --- | --- |

A.

whereas the crisis has been wiping out millions of jobs and has aggravated job precarity and poverty; whereas 17 % of EU residents are at risk of poverty; and whereas 23 million EU residents are unemployed,

| B. | whereas in some countries much domestic work takes place in the informal economy, under precarious employment conditions and/or as undeclared work, |
| --- | --- |

B.

whereas in some countries much domestic work takes place in the informal economy, under precarious employment conditions and/or as undeclared work,

| C. | whereas in industrialised countries domestic work accounts for between 5 and 9 % of all employment; whereas the vast majority of the people employed in that sector are women; whereas such work is undervalued, underpaid and informal, and whereas domestic workers’ vulnerability means they are often discriminated against and can easily be subjected to unequal, unfair or abusive treatment, |
| --- | --- |

C.

whereas in industrialised countries domestic work accounts for between 5 and 9 % of all employment; whereas the vast majority of the people employed in that sector are women; whereas such work is undervalued, underpaid and informal, and whereas domestic workers’ vulnerability means they are often discriminated against and can easily be subjected to unequal, unfair or abusive treatment,

| D. | whereas migrant workers taking low-skilled temporary jobs on the periphery of the labour market or jobs as domestic workers may be exposed to multiple discrimination, since they often work under poor, irregular conditions; whereas efforts should be made to minimise mistreatment of, irregular payments to and acts of violence or sexual abuse against migrant workers; whereas they are often unaware of their rights, have restricted access to public services or face problems accessing them, have limited knowledge of the local language and lack social networks; and whereas domestic workers accompanying their employers from a third country are particularly vulnerable, |
| --- | --- |

D.

whereas migrant workers taking low-skilled temporary jobs on the periphery of the labour market or jobs as domestic workers may be exposed to multiple discrimination, since they often work under poor, irregular conditions; whereas efforts should be made to minimise mistreatment of, irregular payments to and acts of violence or sexual abuse against migrant workers; whereas they are often unaware of their rights, have restricted access to public services or face problems accessing them, have limited knowledge of the local language and lack social networks; and whereas domestic workers accompanying their employers from a third country are particularly vulnerable,

| E. | whereas the aim of the convention is to provide legal recognition for domestic work as work, extend rights to all domestic workers and to prevent violations and abuses so as to provide a legal framework for all domestic workers and ensure that their work does not take place outside the regulatory framework, |
| --- | --- |

E.

whereas the aim of the convention is to provide legal recognition for domestic work as work, extend rights to all domestic workers and to prevent violations and abuses so as to provide a legal framework for all domestic workers and ensure that their work does not take place outside the regulatory framework,

| F. | whereas many employers of domestic workers themselves lack understanding or appropriate advice and assistance as regards labour law, social security and the obligations of employers of domestic workers, |
| --- | --- |

F.

whereas many employers of domestic workers themselves lack understanding or appropriate advice and assistance as regards labour law, social security and the obligations of employers of domestic workers,

| G. | whereas au pairs are a group of domestic workers who are often not regarded as regular workers; whereas numerous reports indicate that this can lead to abuse by, for example, forcing au pairs to work excessive hours; whereas au pairs must receive protection equal to other domestic workers, |
| --- | --- |

G.

whereas au pairs are a group of domestic workers who are often not regarded as regular workers; whereas numerous reports indicate that this can lead to abuse by, for example, forcing au pairs to work excessive hours; whereas au pairs must receive protection equal to other domestic workers,

| 1. | Welcomes and supports the ILO initiative to adopt a convention supplemented by a recommendation on decent work for domestic workers; calls on the EU countries which are members of the ILO to adopt these instruments at the ILO Conference in June 2011; calls on the EU Member States to ratify and implement the convention and recommendation quickly; |
| --- | --- |

1.

Welcomes and supports the ILO initiative to adopt a convention supplemented by a recommendation on decent work for domestic workers; calls on the EU countries which are members of the ILO to adopt these instruments at the ILO Conference in June 2011; calls on the EU Member States to ratify and implement the convention and recommendation quickly;

| 2. | Considers that the adoption, ratification and implementation of an ILO convention on decent work for domestic workers can have an impact by reducing the numbers of working poor; |
| --- | --- |

2.

Considers that the adoption, ratification and implementation of an ILO convention on decent work for domestic workers can have an impact by reducing the numbers of working poor;

| 3. | Considers that the adoption, ratification and implementation of such a convention would address the needs of one of the most vulnerable categories of worker; |
| --- | --- |

3.

Considers that the adoption, ratification and implementation of such a convention would address the needs of one of the most vulnerable categories of worker;

| 4. | Considers that the adoption, ratification and implementation of such a convention would not only improve the position of the large number of women on the labour market for domestic work by guaranteeing them decent working conditions, but would also enhance their degree of social inclusion; |
| --- | --- |

4.

Considers that the adoption, ratification and implementation of such a convention would not only improve the position of the large number of women on the labour market for domestic work by guaranteeing them decent working conditions, but would also enhance their degree of social inclusion;

| 5. | Fully supports the rights-based approach to employment promoted in the draft text of the convention and recommendation; acknowledges the focus on creating decent work for domestic workers, and supports the definition of domestic worker set out in the convention; welcomes the fact that the convention clearly states that every worker covered by this definition has a right to be dealt with in a manner consistent with core labour standards, social security, non-discrimination and equal treatment whilst seeking or whilst in employment, protection against abusive practices by employment agencies, training and career development, health and safety protection, maternity protection and provisions on working/rest time, protection against abuses and harassment, freedom of association and representation, collective bargaining, collective action and lifelong learning; supports the fact that the convention calls for a minimum employment age and the elimination of gender and ethnic pay gaps; |
| --- | --- |

5.

Fully supports the rights-based approach to employment promoted in the draft text of the convention and recommendation; acknowledges the focus on creating decent work for domestic workers, and supports the definition of domestic worker set out in the convention; welcomes the fact that the convention clearly states that every worker covered by this definition has a right to be dealt with in a manner consistent with core labour standards, social security, non-discrimination and equal treatment whilst seeking or whilst in employment, protection against abusive practices by employment agencies, training and career development, health and safety protection, maternity protection and provisions on working/rest time, protection against abuses and harassment, freedom of association and representation, collective bargaining, collective action and lifelong learning; supports the fact that the convention calls for a minimum employment age and the elimination of gender and ethnic pay gaps;

| 6. | Calls for the provision of broader access to readily available and affordable high-quality childcare and elderly-care facilities, thus helping to ensure that workers are not forced to undertake these duties on an informal basis; stresses, in addition, the need to ensure that precarious domestic care jobs are transformed, wherever possible, into decent, well-paid sustainable jobs; |
| --- | --- |

6.

Calls for the provision of broader access to readily available and affordable high-quality childcare and elderly-care facilities, thus helping to ensure that workers are not forced to undertake these duties on an informal basis; stresses, in addition, the need to ensure that precarious domestic care jobs are transformed, wherever possible, into decent, well-paid sustainable jobs;

| 7. | Calls for the development of a campaign for a step-by-step transformation of precarious workers into regular workers; calls for the endorsement of a programme aiming to educate workers on the impacts of precarious work, including the occupational health and safety implications; |
| --- | --- |

7.

Calls for the development of a campaign for a step-by-step transformation of precarious workers into regular workers; calls for the endorsement of a programme aiming to educate workers on the impacts of precarious work, including the occupational health and safety implications;

| 8. | Believes that using best practice from certain regions or Member States, e.g. model contracts, could provide more stable forms of employment for domestic workers employed in family homes; |
| --- | --- |

8.

Believes that using best practice from certain regions or Member States, e.g. model contracts, could provide more stable forms of employment for domestic workers employed in family homes;

| 9. | Believes that the focus of the convention should be on promoting productive and rewarding high-quality jobs and the developing labour law provisions that effectively protect the rights of domestic workers, guarantee them equal treatment, offer a maximum level of protection and safeguard their personal dignity; |
| --- | --- |

9.

Believes that the focus of the convention should be on promoting productive and rewarding high-quality jobs and the developing labour law provisions that effectively protect the rights of domestic workers, guarantee them equal treatment, offer a maximum level of protection and safeguard their personal dignity;

| 10. | Notes that the trend towards an increase in the proportion of non-standard or atypical contracts has a strong gender and generational dimension and that this should be acknowledged in the text of the convention and recommendation; |
| --- | --- |

10.

Notes that the trend towards an increase in the proportion of non-standard or atypical contracts has a strong gender and generational dimension and that this should be acknowledged in the text of the convention and recommendation;

| 11. | Points out that high unemployment and labour market segmentation need to be overcome by giving all workers equal rights and investing in job creation, skills and lifelong learning; |
| --- | --- |

11.

Points out that high unemployment and labour market segmentation need to be overcome by giving all workers equal rights and investing in job creation, skills and lifelong learning;

| 12. | Underlines that combating undeclared work should be accompanied by measures to create viable and sustainable employment alternatives and to support people in accessing the open labour market, including through genuine self-employment; |
| --- | --- |

12.

Underlines that combating undeclared work should be accompanied by measures to create viable and sustainable employment alternatives and to support people in accessing the open labour market, including through genuine self-employment;

| 13. | Believes that in the convention policies should be taken on board that enable all people, including the weakest and most disadvantaged, to have effective access to the formal labour market and to equal opportunities; |
| --- | --- |

13.

Believes that in the convention policies should be taken on board that enable all people, including the weakest and most disadvantaged, to have effective access to the formal labour market and to equal opportunities;

| 14. | Calls on the Member States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the United Nations General Assembly on 18 December 1990 (9); |
| --- | --- |

14.

Calls on the Member States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the United Nations General Assembly on 18 December 1990 (9);

| 15. | Considers that the problem of undeclared work needs to be tackled; states that the domestic work sector is characterised by a high level of informality and undeclared work, that many migrant workers are employed in this sector, and that their rights are often violated; further, considers it essential to combat precarious work in general, given that this problem affects migrant workers in particular, thus worsening their already vulnerable position; |
| --- | --- |

15.

Considers that the problem of undeclared work needs to be tackled; states that the domestic work sector is characterised by a high level of informality and undeclared work, that many migrant workers are employed in this sector, and that their rights are often violated; further, considers it essential to combat precarious work in general, given that this problem affects migrant workers in particular, thus worsening their already vulnerable position;

| 16. | Takes the view that it might be necessary to adapt legislation to create flexible and secure contractual arrangements which guarantee equal treatment; considers it essential to examine the specific situation faced by migrant workers and their families; |
| --- | --- |

16.

Takes the view that it might be necessary to adapt legislation to create flexible and secure contractual arrangements which guarantee equal treatment; considers it essential to examine the specific situation faced by migrant workers and their families;

| 17. | Instructs its President to forward this resolution to the Council, the Commission and the ILO. |
| --- | --- |

17.

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

---

(1)  OJ C 292 E, 1.12.2006, p. 131.

(2)  OJ C 41 E, 19.2.2009, p. 14.

(3)  Texts adopted, P7_TA(2010)0365.

(4)  Texts adopted, P7_TA(2010)0375.

(5)  Texts adopted, P7_TA(2010)0263.

(6)  OJ L 183, 29.6.1989, p. 1.

(7)  OJ C 102 E, 24.4.2008, p. 321.

(8)  EESC, SOC/372, 26 May 2010.

(9)  A/RES/45/158.

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/131 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/131

---

Thursday 12 May 2011Antibiotic resistance

P7_TA(2011)0238

European Parliament resolution of 12 May 2011 on antibiotic resistance

2012/C 377 E/17

The European Parliament,

| — | having regard to its resolution of 22 May 2008 on a new animal health strategy for the European Union 2007-2013 (1), |
| --- | --- |

—

having regard to its resolution of 22 May 2008 on a new animal health strategy for the European Union 2007-2013 (1),

| — | having regard to its resolution of 5 May 2010 on an evaluation and assessment of the Animal Welfare Action Plan 2006-2010 (2), |
| --- | --- |

—

having regard to its resolution of 5 May 2010 on an evaluation and assessment of the Animal Welfare Action Plan 2006-2010 (2),

| — | having regard to Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents and Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents, |
| --- | --- |

—

having regard to Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents and Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents,

| — | having regard to the Joint Opinion on antimicrobial resistance (AMR) focused on zoonotic infections by the European Centre for Disease Prevention and Control (ECDC), the European Food Safety Authority (EFSA), the European Medicines Agency (EMEA), and the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR), EFSA Journal 2009; 7(11):1372, |
| --- | --- |

—

having regard to the Joint Opinion on antimicrobial resistance (AMR) focused on zoonotic infections by the European Centre for Disease Prevention and Control (ECDC), the European Food Safety Authority (EFSA), the European Medicines Agency (EMEA), and the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR), EFSA Journal 2009; 7(11):1372,

| — | having regard to Oral Question (O-000048/2011 – B7-0304/2011) to the Commission of 1 March 2011 on antibiotic resistance, |
| --- | --- |

—

having regard to Oral Question (O-000048/2011 – B7-0304/2011) to the Commission of 1 March 2011 on antibiotic resistance,

| — | having regard to the WHO report on ‘The Medical Impact Of the Use of Antimicrobials In Food Animals’, |
| --- | --- |

—

having regard to the WHO report on ‘The Medical Impact Of the Use of Antimicrobials In Food Animals’,

| — | having regard to its resolution on the proposal for a Council recommendation on the prudent use of antimicrobial agents in human medicine (3), |
| --- | --- |

—

having regard to its resolution on the proposal for a Council recommendation on the prudent use of antimicrobial agents in human medicine (3),

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

—

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

| A. | whereas antimicrobial resistance (AMR) is an animal health issue for the European livestock sector especially when treatment failure occurs; whereas, guidelines on the prudent use of antimicrobials have already been issued in several Member States, which has led to a reduction in the usage of antimicrobials, |
| --- | --- |

A.

whereas antimicrobial resistance (AMR) is an animal health issue for the European livestock sector especially when treatment failure occurs; whereas, guidelines on the prudent use of antimicrobials have already been issued in several Member States, which has led to a reduction in the usage of antimicrobials,

| B. | whereas the livestock sector (dairy, beef meat, pig and poultry meat, eggs, sheep and goat milk and meat production) plays a major role in the European agricultural economy, |
| --- | --- |

B.

whereas the livestock sector (dairy, beef meat, pig and poultry meat, eggs, sheep and goat milk and meat production) plays a major role in the European agricultural economy,

| C. | whereas farmers’ primary goal is to keep their livestock healthy and productive through good agricultural practices (hygiene, proper feed, appropriate husbandry, responsible animal health management), |
| --- | --- |

C.

whereas farmers’ primary goal is to keep their livestock healthy and productive through good agricultural practices (hygiene, proper feed, appropriate husbandry, responsible animal health management),

| D. | whereas, despite the measures taken by farmers, animals can still get sick and need to be treated, |
| --- | --- |

D.

whereas, despite the measures taken by farmers, animals can still get sick and need to be treated,

| E. | whereas antimicrobials, when used properly, is a useful tool to help farmers to keep their livestock healthy and productive and to assure the wellbeing of the animals, |
| --- | --- |

E.

whereas antimicrobials, when used properly, is a useful tool to help farmers to keep their livestock healthy and productive and to assure the wellbeing of the animals,

| F. | whereas the European livestock farming sector needs to rely on the safety and the efficacy of antimicrobial treatments for the future, |
| --- | --- |

F.

whereas the European livestock farming sector needs to rely on the safety and the efficacy of antimicrobial treatments for the future,

| G. | whereas the administration of antimicrobials to animals as well as to humans needs to take into account the potential threat of antimicrobial resistance (AMR), |
| --- | --- |

G.

whereas the administration of antimicrobials to animals as well as to humans needs to take into account the potential threat of antimicrobial resistance (AMR),

| H. | whereas a considerable part of antimicrobials is prescribed for use in animals and AMR affects both humans and animals and can also pass from both humans to animals and animals to humans, this is a truly cross-cutting matter which calls for a coordinated approach at community level, |
| --- | --- |

H.

whereas a considerable part of antimicrobials is prescribed for use in animals and AMR affects both humans and animals and can also pass from both humans to animals and animals to humans, this is a truly cross-cutting matter which calls for a coordinated approach at community level,

| I. | whereas antimicrobial resistance in humans is often caused by inadequate doses of antibiotic medicines, by incorrect treatments and through the constant exposure of pathogens to antimicrobial agents in hospitals, |
| --- | --- |

I.

whereas antimicrobial resistance in humans is often caused by inadequate doses of antibiotic medicines, by incorrect treatments and through the constant exposure of pathogens to antimicrobial agents in hospitals,

| J. | whereas transmission of pathogenic bacteria carrying AMR genes constitutes a special threat to people, such as farmers and farm workers, who are in a daily contact with animals, |
| --- | --- |

J.

whereas transmission of pathogenic bacteria carrying AMR genes constitutes a special threat to people, such as farmers and farm workers, who are in a daily contact with animals,

| K. | whereas animals at high densities may encourage higher disease rates; whereas inappropriate use of antimicrobials in animals generally may be considered a risk factor for the emergence of resistance with public and animal health consequences, |
| --- | --- |

K.

whereas animals at high densities may encourage higher disease rates; whereas inappropriate use of antimicrobials in animals generally may be considered a risk factor for the emergence of resistance with public and animal health consequences,

| L. | whereas the role of animals, of food of animal origin, and of resistant bacteria occurring in animal husbandry in the transfer of AMR to humans and the potential dangers resulting thereof may not be sufficiently clear, |
| --- | --- |

L.

whereas the role of animals, of food of animal origin, and of resistant bacteria occurring in animal husbandry in the transfer of AMR to humans and the potential dangers resulting thereof may not be sufficiently clear,

| M. | whereas the use of antimicrobials in sub-therapeutic levels for prolonged periods generally creates a greater risk of AMR developing and/or being amplified and spreading, compared to therapeutic treatments, |
| --- | --- |

M.

whereas the use of antimicrobials in sub-therapeutic levels for prolonged periods generally creates a greater risk of AMR developing and/or being amplified and spreading, compared to therapeutic treatments,

| N. | whereas the use of antimicrobials in sub-therapeutic levels is prohibited in the EU, |
| --- | --- |

N.

whereas the use of antimicrobials in sub-therapeutic levels is prohibited in the EU,

| O. | whereas a reduced use of antimicrobials would, in the long run, result in lower costs both for the farmers and for the society at large, provided that the efficiency of antimicrobials is maintained, |
| --- | --- |

O.

whereas a reduced use of antimicrobials would, in the long run, result in lower costs both for the farmers and for the society at large, provided that the efficiency of antimicrobials is maintained,

| P. | whereas the excessive and inappropriate use of biocides may also contribute to AMR, |
| --- | --- |

P.

whereas the excessive and inappropriate use of biocides may also contribute to AMR,

| Q. | whereas chemical decontamination of carcases of slaughter, which is illegal in Europe, may also contribute to AMR, |
| --- | --- |

Q.

whereas chemical decontamination of carcases of slaughter, which is illegal in Europe, may also contribute to AMR,

| R. | whereas food may be emerging as an important vector for transmitting AMR, |
| --- | --- |

R.

whereas food may be emerging as an important vector for transmitting AMR,

| S. | whereas non food-producing animals, such as companion animals, may also serve as reservoirs and facilitate the transmission of AMR, recalling the extra label use of antimicrobial drugs intended for human medical use, |
| --- | --- |

S.

whereas non food-producing animals, such as companion animals, may also serve as reservoirs and facilitate the transmission of AMR, recalling the extra label use of antimicrobial drugs intended for human medical use,

| T. | whereas a modern animal husbandry without the possibility to use any antimicrobials to treat diseases seems unfeasible today, a good animal health and a rational and responsible use of antimicrobials would contribute to the prevention of the spread of AMR, |
| --- | --- |

T.

whereas a modern animal husbandry without the possibility to use any antimicrobials to treat diseases seems unfeasible today, a good animal health and a rational and responsible use of antimicrobials would contribute to the prevention of the spread of AMR,

| U. | whereas antimicrobial resistance in animals differs between different species and different forms of animal husbandry, |
| --- | --- |

U.

whereas antimicrobial resistance in animals differs between different species and different forms of animal husbandry,

| V. | whereas the European Parliament in its resolution of 5 May 2010 on an evaluation and assessment of the Animal Welfare Action Plan 2006-2010, underlined the link between animal health and public health and urged the Commission and the Member States to address the growing problem of AMR in animals in a responsible manner, |
| --- | --- |

V.

whereas the European Parliament in its resolution of 5 May 2010 on an evaluation and assessment of the Animal Welfare Action Plan 2006-2010, underlined the link between animal health and public health and urged the Commission and the Member States to address the growing problem of AMR in animals in a responsible manner,

| W. | whereas, in particular, the European Parliament called on the Commission to collect and analyse data on the use of animal health products, including antimicrobials, with a view to ensuring the effective use of such products, |
| --- | --- |

W.

whereas, in particular, the European Parliament called on the Commission to collect and analyse data on the use of animal health products, including antimicrobials, with a view to ensuring the effective use of such products,

Joint data collection activities

| 1. | Welcomes the efforts made by the Commission and its agencies as regards joint data collection activities in this field, in particular the initiative in 2009 to create ESVAC (European Surveillance of Veterinary Antimicrobial Consumption); regrets that not all Member States have yet joined the ESVAC network and calls on more countries to do so; calls on the Commission to provide the ESVAC network with sufficient financial resources to perform its tasks; calls on the Commission to without delay provide an adequate legal framework in order to give Member States the authority to perform an efficient data collection; |
| --- | --- |

1.

Welcomes the efforts made by the Commission and its agencies as regards joint data collection activities in this field, in particular the initiative in 2009 to create ESVAC (European Surveillance of Veterinary Antimicrobial Consumption); regrets that not all Member States have yet joined the ESVAC network and calls on more countries to do so; calls on the Commission to provide the ESVAC network with sufficient financial resources to perform its tasks; calls on the Commission to without delay provide an adequate legal framework in order to give Member States the authority to perform an efficient data collection;

| 2. | Calls on the Commission to strive for a data collection which is harmonised and comparable, also with activities undertaken in third countries such as the United States; |
| --- | --- |

2.

Calls on the Commission to strive for a data collection which is harmonised and comparable, also with activities undertaken in third countries such as the United States;

| 3. | Recognises that the proper collection and analysis of comparable data as regards the sales of veterinary agents - and the subsequent use of such products on animals - is an important first step; stresses the need to get a full picture of when, where, how and on which animals the antimicrobials are actually used today, without creating additional financial or administrative burdens for farmers or other animal owners; |
| --- | --- |

3.

Recognises that the proper collection and analysis of comparable data as regards the sales of veterinary agents - and the subsequent use of such products on animals - is an important first step; stresses the need to get a full picture of when, where, how and on which animals the antimicrobials are actually used today, without creating additional financial or administrative burdens for farmers or other animal owners;

| 4. | Underlines that data must not only be collected, it must also be properly analysed and the findings put into practice, and the necessary actions taken both on EU and Member State level; also taking into consideration the differences between animal species and forms of animal husbandry; |
| --- | --- |

4.

Underlines that data must not only be collected, it must also be properly analysed and the findings put into practice, and the necessary actions taken both on EU and Member State level; also taking into consideration the differences between animal species and forms of animal husbandry;

| 5. | Recognises that such data must be put into context as farming practice and intensity is different from one Member States to another; |
| --- | --- |

5.

Recognises that such data must be put into context as farming practice and intensity is different from one Member States to another;

Research

| 6. | Calls for more research to be performed on new antimicrobials as well as other alternatives (vaccination, bio security, breeding for resistance) and evidence based strategies to avoid and control infectious diseases in animals; underlines the importance of EU's Research Framework Programmes in this respect; stresses in this context the importance of developing systems for animal husbandry which reduce the need for antimicrobials to be prescribed; |
| --- | --- |

6.

Calls for more research to be performed on new antimicrobials as well as other alternatives (vaccination, bio security, breeding for resistance) and evidence based strategies to avoid and control infectious diseases in animals; underlines the importance of EU's Research Framework Programmes in this respect; stresses in this context the importance of developing systems for animal husbandry which reduce the need for antimicrobials to be prescribed;

| 7. | Calls for the research resources from the human and the veterinary side to be better coordinated, by creating a network of existing research institutes; |
| --- | --- |

7.

Calls for the research resources from the human and the veterinary side to be better coordinated, by creating a network of existing research institutes;

| 8. | Calls for research into the role of animals, food of animal origin, sustainable production systems including robust breeds, longevity of animals, improved herd management, early disease prevention, exercise and access to free range and lower stocking densities and other conditions ensuring the biological needs of the animals are met; and the resistant bacteria occurring in animal husbandry in the transfer of AMR to humans and the potential danger resulting thereof; |
| --- | --- |

8.

Calls for research into the role of animals, food of animal origin, sustainable production systems including robust breeds, longevity of animals, improved herd management, early disease prevention, exercise and access to free range and lower stocking densities and other conditions ensuring the biological needs of the animals are met; and the resistant bacteria occurring in animal husbandry in the transfer of AMR to humans and the potential danger resulting thereof;

Monitoring and surveillance

| 9. | Calls on all Member States to perform regular systematic surveillance and monitoring of AMR in both food producing animals and companion animals, without creating additional financial or administrative burdens for farmers or other animal owners or veterinarians; stresses the need for harmonised data, including information on risk factors, to be easily available from a single access point; stresses the need for annual reports from Member States containing data enabling a European wide comparison; |
| --- | --- |

9.

Calls on all Member States to perform regular systematic surveillance and monitoring of AMR in both food producing animals and companion animals, without creating additional financial or administrative burdens for farmers or other animal owners or veterinarians; stresses the need for harmonised data, including information on risk factors, to be easily available from a single access point; stresses the need for annual reports from Member States containing data enabling a European wide comparison;

| 10. | Calls on the future budgets for the Food and Veterinary Office (FVO) and the European Food Safety Authority (EFSA) to reflect the increased need for further inspections and analyses in this field; |
| --- | --- |

10.

Calls on the future budgets for the Food and Veterinary Office (FVO) and the European Food Safety Authority (EFSA) to reflect the increased need for further inspections and analyses in this field;

| 11. | Calls on all stakeholders to acknowledge their responsibility for preventing both the development and the spread of AMR, each in their own area of activity such as veterinary medicine and animal husbandry; |
| --- | --- |

11.

Calls on all stakeholders to acknowledge their responsibility for preventing both the development and the spread of AMR, each in their own area of activity such as veterinary medicine and animal husbandry;

| 12. | Suggests that harmonised monitoring of AMR in indicator bacteria (such as E.coli and E. enterococci) should be established according to scientific advice; |
| --- | --- |

12.

Suggests that harmonised monitoring of AMR in indicator bacteria (such as E.coli and E. enterococci) should be established according to scientific advice;

Maintained efficiency of antimicrobials

| 13. | Emphasises that the ultimate objective is to maintain antimicrobials as an effective tool to combat disease, both in animals and in humans, while keeping the use of antimicrobials to the strict necessary; |
| --- | --- |

13.

Emphasises that the ultimate objective is to maintain antimicrobials as an effective tool to combat disease, both in animals and in humans, while keeping the use of antimicrobials to the strict necessary;

| 14. | Calls for a prudent and responsible use of antimicrobials in animals and for more information to veterinarians and farmers to minimise the development of AMR; calls for the exchange of best practices such as the acceptance of guidelines on the prudent use of antimicrobials as important tools to combat the development of AMR; |
| --- | --- |

14.

Calls for a prudent and responsible use of antimicrobials in animals and for more information to veterinarians and farmers to minimise the development of AMR; calls for the exchange of best practices such as the acceptance of guidelines on the prudent use of antimicrobials as important tools to combat the development of AMR;

| 15. | Calls for the establishment of good practices for animal husbandry, which minimise the risk for AMR; emphasises that these practices should in particular apply to young animals which are brought together from different breeders and thus increase the risk of communicable diseases; |
| --- | --- |

15.

Calls for the establishment of good practices for animal husbandry, which minimise the risk for AMR; emphasises that these practices should in particular apply to young animals which are brought together from different breeders and thus increase the risk of communicable diseases;

| 16. | Calls on the Member States and the FVO to ensure a better control over the implementation of the ban (2006) on antimicrobials being used as growth promoters; |
| --- | --- |

16.

Calls on the Member States and the FVO to ensure a better control over the implementation of the ban (2006) on antimicrobials being used as growth promoters;

| 17. | Calls on the Commission to work towards an international ban on antimicrobials as growth promoters in animal feed, and to bring this matter up in its bilateral negotiations with third countries such as the United States; |
| --- | --- |

17.

Calls on the Commission to work towards an international ban on antimicrobials as growth promoters in animal feed, and to bring this matter up in its bilateral negotiations with third countries such as the United States;

| 18. | Calls on the Commission to assess and monitor how the Member States are implementing and applying the relevant existing European legislation on antimicrobials; |
| --- | --- |

18.

Calls on the Commission to assess and monitor how the Member States are implementing and applying the relevant existing European legislation on antimicrobials;

| 19. | Calls on the Commission to develop a broad multi-annual action plan against AMR in the framework of the EU animal health strategy; believes that such an action plan should cover all animals under the EU animal welfare strategy, including companion animals, and emphasise the logical connection between animal health and the use of antimicrobials, as well as the link between animal health and human health; |
| --- | --- |

19.

Calls on the Commission to develop a broad multi-annual action plan against AMR in the framework of the EU animal health strategy; believes that such an action plan should cover all animals under the EU animal welfare strategy, including companion animals, and emphasise the logical connection between animal health and the use of antimicrobials, as well as the link between animal health and human health;

| 20. | Believes that this action plan should include a detailed review of the different ways in which antimicrobials are used prophylactically, in order to settle controversy over what is a routine prophylactic and what is an acceptable prophylactic; |
| --- | --- |

20.

Believes that this action plan should include a detailed review of the different ways in which antimicrobials are used prophylactically, in order to settle controversy over what is a routine prophylactic and what is an acceptable prophylactic;

| 21. | Whereas processed animal proteins from non-ruminants show intrinsic animal health and nutritional benefits, which could make a significant contribution to balanced diets for monogastric animals including farmed fish and at the same time contributing to a reduced use of antimicrobials, asks the European Commission to lift the current restrictions under conditions which would ensure a maximum level of food safety; |
| --- | --- |

21.

Whereas processed animal proteins from non-ruminants show intrinsic animal health and nutritional benefits, which could make a significant contribution to balanced diets for monogastric animals including farmed fish and at the same time contributing to a reduced use of antimicrobials, asks the European Commission to lift the current restrictions under conditions which would ensure a maximum level of food safety;

*

* *

| 22. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

22.

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

---

(1)  OJ C 279 E, 19.11.2009, p. 89.

(2)  OJ C 81 E, 15.3.2011, p. 25.

(3)  OJ C 112 E, 9.5.2002, p. 106.

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| 7.12.2012 | EN | Official Journal of the European Union | CE 377/135 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/135

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Thursday 12 May 2011Cultural dimensions of EU external actions

P7_TA(2011)0239

European Parliament resolution of 12 May 2011 on the cultural dimensions of the EU’s external actions (2010/2161(INI))

2012/C 377 E/18

The European Parliament,

| — | having regard to Article 167 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Article 167 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Article 27(3) of the Treaty on European Union, |
| --- | --- |

—

having regard to Article 27(3) of the Treaty on European Union,

| — | having regard to Article 11 of the Charter of Fundamental Rights of the European Union, |
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—

having regard to Article 11 of the Charter of Fundamental Rights of the European Union,

| — | having regard to the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (UNESCO Convention), |
| --- | --- |

—

having regard to the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (UNESCO Convention),

| — | having regard to the Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (1), |
| --- | --- |

—

having regard to the Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (1),

| — | having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (2), |
| --- | --- |

—

having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (2),

| — | having regard to Decision No 1041/2009/EC of the European Parliament and of the Council of 21 October 2009 establishing an audiovisual cooperation programme with professionals from third countries (MEDIA Mundus 2011–2013) (3), |
| --- | --- |

—

having regard to Decision No 1041/2009/EC of the European Parliament and of the Council of 21 October 2009 establishing an audiovisual cooperation programme with professionals from third countries (MEDIA Mundus 2011–2013) (3),

| — | having regard to Decision No 1983/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the European Year of Intercultural Dialogue (2008) (4), |
| --- | --- |

—

having regard to Decision No 1983/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the European Year of Intercultural Dialogue (2008) (4),

| — | having regard to the European Agenda for Culture in a Globalising World (COM(2007)0242), |
| --- | --- |

—

having regard to the European Agenda for Culture in a Globalising World (COM(2007)0242),

| — | having regard to the Commission report on the implementation of the European Agenda for Culture (COM(2010)0390), |
| --- | --- |

—

having regard to the Commission report on the implementation of the European Agenda for Culture (COM(2010)0390),

| — | having regard to its resolution of 5 May 2010 on Europeana – the next steps (5), |
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—

having regard to its resolution of 5 May 2010 on Europeana – the next steps (5),

| — | having regard to the Council Conclusions of 18 and 19 November 2010 on the Work Plan for Culture 2011 – 2014 (2010/C 325/01) (6), |
| --- | --- |

—

having regard to the Council Conclusions of 18 and 19 November 2010 on the Work Plan for Culture 2011 – 2014 (2010/C 325/01) (6),

| — | having regard to the Council Conclusions of 20 November 2008 on the promotion of cultural diversity and intercultural dialogue in the external relations of the Union and its Member States (2008/C 320/04) (7), |
| --- | --- |

—

having regard to the Council Conclusions of 20 November 2008 on the promotion of cultural diversity and intercultural dialogue in the external relations of the Union and its Member States (2008/C 320/04) (7),

| — | having regard to the United Nations Millennium Declaration (2000), and in particular the articles under the heading ‘Human rights, democracy and good governance’, |
| --- | --- |

—

having regard to the United Nations Millennium Declaration (2000), and in particular the articles under the heading ‘Human rights, democracy and good governance’,

| — | having regard to the United Nations resolution entitled ‘Keeping the promise: united to achieve the Millennium Development Goals’ of 22 September 2010, |
| --- | --- |

—

having regard to the United Nations resolution entitled ‘Keeping the promise: united to achieve the Millennium Development Goals’ of 22 September 2010,

| — | having regard to the United Nations resolution entitled ‘Culture and Development’ of 20 December 2010, |
| --- | --- |

—

having regard to the United Nations resolution entitled ‘Culture and Development’ of 20 December 2010,

| — | having regard to the ACP-EU Partnership Agreement signed in Cotonou on 23 June 2000 (8), as first amended in Luxembourg on 25 June 2005 (9) and as amended for the second time in Ouagadougou on 22 June 2010 (10), |
| --- | --- |

—

having regard to the ACP-EU Partnership Agreement signed in Cotonou on 23 June 2000 (8), as first amended in Luxembourg on 25 June 2005 (9) and as amended for the second time in Ouagadougou on 22 June 2010 (10),

| — | having regard to the Protocol on Cultural Cooperation annexed to the model Free Trade Agreement, |
| --- | --- |

—

having regard to the Protocol on Cultural Cooperation annexed to the model Free Trade Agreement,

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Culture and Education (A7-0112/2011), |
| --- | --- |

—

having regard to the report of the Committee on Culture and Education (A7-0112/2011),

| A. | whereas the EU is a culturally diverse community of values, whose motto – ‘United in diversity’ – finds expression in a variety of ways, |
| --- | --- |

A.

whereas the EU is a culturally diverse community of values, whose motto – ‘United in diversity’ – finds expression in a variety of ways,

| B. | whereas successive EU enlargements, personal mobility in the shared European area, established and new migratory flows and exchanges of all kinds with the rest of the world help foster that cultural diversity, |
| --- | --- |

B.

whereas successive EU enlargements, personal mobility in the shared European area, established and new migratory flows and exchanges of all kinds with the rest of the world help foster that cultural diversity,

| C. | whereas culture has intrinsic value, enriches people’s lives and fosters mutual understanding and respect, |
| --- | --- |

C.

whereas culture has intrinsic value, enriches people’s lives and fosters mutual understanding and respect,

| D. | whereas the European Agenda for Culture sets the strategic objective of promoting culture as a vital element in the EU's international relations, |
| --- | --- |

D.

whereas the European Agenda for Culture sets the strategic objective of promoting culture as a vital element in the EU's international relations,

| E. | whereas culture can and should be a facilitator for development, inclusion, innovation, democracy, human rights, education, conflict prevention and reconciliation, mutual understanding, tolerance and creativity, |
| --- | --- |

E.

whereas culture can and should be a facilitator for development, inclusion, innovation, democracy, human rights, education, conflict prevention and reconciliation, mutual understanding, tolerance and creativity,

| F. | whereas the Union and its Member States, citizens, businesses and civil society both in the EU and in third countries are key actors in cultural relations, |
| --- | --- |

F.

whereas the Union and its Member States, citizens, businesses and civil society both in the EU and in third countries are key actors in cultural relations,

| G. | whereas cultural goods, including sports, contribute to the EU's non-material development and economy, fostering the realisation of a knowledge-based society, through, in particular, cultural industries and tourism, |
| --- | --- |

G.

whereas cultural goods, including sports, contribute to the EU's non-material development and economy, fostering the realisation of a knowledge-based society, through, in particular, cultural industries and tourism,

| H. | whereas artists act as de facto cultural diplomats exchanging and confronting different aesthetic, political, moral and social values, |
| --- | --- |

H.

whereas artists act as de facto cultural diplomats exchanging and confronting different aesthetic, political, moral and social values,

| I. | whereas new media and communication technologies, such as the internet, can be an instrument for freedom of expression, pluralism, the exchange of information, human rights, development, freedom of assembly, democracy and inclusion and for facilitating access to cultural content and education, |
| --- | --- |

I.

whereas new media and communication technologies, such as the internet, can be an instrument for freedom of expression, pluralism, the exchange of information, human rights, development, freedom of assembly, democracy and inclusion and for facilitating access to cultural content and education,

| J. | whereas cultural cooperation and cultural dialogue, which are building blocks of cultural diplomacy, can serve as instruments for global peace and stability, |
| --- | --- |

J.

whereas cultural cooperation and cultural dialogue, which are building blocks of cultural diplomacy, can serve as instruments for global peace and stability,

Culture and European values

| 1. | Underlines the cross-cutting nature and the importance of culture in all aspects of life, and believes that culture needs to be taken into consideration in all EU external policies, in line with Article 167(4) TFEU; |
| --- | --- |

1.

Underlines the cross-cutting nature and the importance of culture in all aspects of life, and believes that culture needs to be taken into consideration in all EU external policies, in line with Article 167(4) TFEU;

| 2. | Stresses the need for all EU institutions to recognise more fully the value of culture as a force for tolerance and understanding and as a tool for growth and more inclusive societies; |
| --- | --- |

2.

Stresses the need for all EU institutions to recognise more fully the value of culture as a force for tolerance and understanding and as a tool for growth and more inclusive societies;

| 3. | Calls for cooperation with the regions in each Member State in drawing up, implementing and promoting cultural policies; |
| --- | --- |

3.

Calls for cooperation with the regions in each Member State in drawing up, implementing and promoting cultural policies;

| 4. | Stresses that democratic and fundamental freedoms, such as freedom of expression, press freedom, freedom from want, freedom from fear, freedom from intolerance, hatred and the freedom to access printed and digital information, as well as the privilege to connect and communicate – online and offline – are important preconditions for cultural expression, cultural exchanges and cultural diversity; |
| --- | --- |

4.

Stresses that democratic and fundamental freedoms, such as freedom of expression, press freedom, freedom from want, freedom from fear, freedom from intolerance, hatred and the freedom to access printed and digital information, as well as the privilege to connect and communicate – online and offline – are important preconditions for cultural expression, cultural exchanges and cultural diversity;

| 5. | Recalls the importance of the cultural cooperation protocols and their added value in bilateral agreements on development and trade; urges the Commission to present its strategy on future cultural cooperation protocols and to consult Parliament and civil society on this strategy; |
| --- | --- |

5.

Recalls the importance of the cultural cooperation protocols and their added value in bilateral agreements on development and trade; urges the Commission to present its strategy on future cultural cooperation protocols and to consult Parliament and civil society on this strategy;

| 6. | Reiterates that culture plays a role in bilateral agreements on development and trade, and through measures such as the European instruments for Development Cooperation, for Stability, for Democracy and Human Rights and for Pre-Accession, the European Neighbourhood Policy (ENP), the Eastern Partnership, the Union for the Mediterranean and the European Instrument for Democracy and Human Rights (EIDHR), which all allocate resources to cultural programmes; |
| --- | --- |

6.

Reiterates that culture plays a role in bilateral agreements on development and trade, and through measures such as the European instruments for Development Cooperation, for Stability, for Democracy and Human Rights and for Pre-Accession, the European Neighbourhood Policy (ENP), the Eastern Partnership, the Union for the Mediterranean and the European Instrument for Democracy and Human Rights (EIDHR), which all allocate resources to cultural programmes;

| 7. | Emphasises that transatlantic cooperation and cooperation with neighbouring European states is important to advance joint interests and common values; |
| --- | --- |

7.

Emphasises that transatlantic cooperation and cooperation with neighbouring European states is important to advance joint interests and common values;

| 8. | Values public-private cooperation with a strong role for civil society, including NGOs and European cultural networks, in addressing the cultural aspects of the EU's external relations; |
| --- | --- |

8.

Values public-private cooperation with a strong role for civil society, including NGOs and European cultural networks, in addressing the cultural aspects of the EU's external relations;

EU programmes

| 9. | Is concerned at the fragmentation of external EU cultural policy and projects, which is hampering the strategic and efficient use of cultural resources and the development of a visible common EU strategy on the cultural aspects of the EU's external relations; |
| --- | --- |

9.

Is concerned at the fragmentation of external EU cultural policy and projects, which is hampering the strategic and efficient use of cultural resources and the development of a visible common EU strategy on the cultural aspects of the EU's external relations;

| 10. | Urges the streamlining of internal operations in the Commission in the various DGs which focus on external relations (foreign policy, enlargement, trade, development), education and culture and the digital agenda; |
| --- | --- |

10.

Urges the streamlining of internal operations in the Commission in the various DGs which focus on external relations (foreign policy, enlargement, trade, development), education and culture and the digital agenda;

| 11. | States that cultural and educational exchanges can potentially strengthen civil society, foster democratisation and good governance, encourage the development of skills, promote human rights and fundamental freedoms and provide building blocks for lasting cooperation; |
| --- | --- |

11.

States that cultural and educational exchanges can potentially strengthen civil society, foster democratisation and good governance, encourage the development of skills, promote human rights and fundamental freedoms and provide building blocks for lasting cooperation;

| 12. | Supports the increasing involvement of third countries in EU cultural, mobility, youth, education and training programmes, and calls for access to these programmes to be facilitated for (young) people from third countries, such as European neighbouring countries; |
| --- | --- |

12.

Supports the increasing involvement of third countries in EU cultural, mobility, youth, education and training programmes, and calls for access to these programmes to be facilitated for (young) people from third countries, such as European neighbouring countries;

| 13. | Calls for coherent strategies to foster youth mobility and the mobility of cultural professionals, artists and creators, cultural and educational development (including media and ICT literacy), and access to artistic expression in all its forms; encourages, therefore, synergies between cultural, sports, education, media, multilingualism and youth programmes; |
| --- | --- |

13.

Calls for coherent strategies to foster youth mobility and the mobility of cultural professionals, artists and creators, cultural and educational development (including media and ICT literacy), and access to artistic expression in all its forms; encourages, therefore, synergies between cultural, sports, education, media, multilingualism and youth programmes;

| 14. | Encourages cooperation with practitioners, mediator organisations and civil society, in both Member States and third countries, in drawing up and implementing external cultural policies and in promoting cultural events and exchanges which improve mutual understanding whilst taking due account of European cultural and linguistic diversity; |
| --- | --- |

14.

Encourages cooperation with practitioners, mediator organisations and civil society, in both Member States and third countries, in drawing up and implementing external cultural policies and in promoting cultural events and exchanges which improve mutual understanding whilst taking due account of European cultural and linguistic diversity;

| 15. | Calls for the creation of a cultural visa for third-country nationals, artists and other professionals in the cultural field, along the lines of the existing Scientific Visa Programme in force since 2005; also asks the Commission to propose a short-term visa initiative with the aim of eliminating obstacles to mobility in the cultural sector; |
| --- | --- |

15.

Calls for the creation of a cultural visa for third-country nationals, artists and other professionals in the cultural field, along the lines of the existing Scientific Visa Programme in force since 2005; also asks the Commission to propose a short-term visa initiative with the aim of eliminating obstacles to mobility in the cultural sector;

Media and new information technologies

| 16. | Stresses the importance of the EU taking action throughout the world to promote respect for freedom of expression, freedom of the press and freedom of access to audiovisual media and new information technologies, in a manner consistent with copyright rules; |
| --- | --- |

16.

Stresses the importance of the EU taking action throughout the world to promote respect for freedom of expression, freedom of the press and freedom of access to audiovisual media and new information technologies, in a manner consistent with copyright rules;

| 17. | Condemns the fact that repressive regimes increasingly censor and monitor the internet, and urges the Commission and the Member States to promote internet freedom globally; |
| --- | --- |

17.

Condemns the fact that repressive regimes increasingly censor and monitor the internet, and urges the Commission and the Member States to promote internet freedom globally;

| 18. | Reaffirms the principle of net neutrality, which is designed to ensure that the internet remains a free and open technology, fostering democratic communication; |
| --- | --- |

18.

Reaffirms the principle of net neutrality, which is designed to ensure that the internet remains a free and open technology, fostering democratic communication;

| 19. | Emphasises the internet’s role as a tool for promoting European culture, and calls on the Member States to further develop investment in broadband internet throughout the EU; |
| --- | --- |

19.

Emphasises the internet’s role as a tool for promoting European culture, and calls on the Member States to further develop investment in broadband internet throughout the EU;

| 20. | Emphasises the importance of the new media and, above all, of the internet as free, easily accessible and user-friendly communications and information platforms which should be actively used, inside and outside the EU, in the context of intercultural dialogue; in addition, stresses the importance of the new media in providing access to cultural goods and content and in making Europe's cultural heritage and history better known, inside and outside the EU, as demonstrated by key projects such as Europeana; |
| --- | --- |

20.

Emphasises the importance of the new media and, above all, of the internet as free, easily accessible and user-friendly communications and information platforms which should be actively used, inside and outside the EU, in the context of intercultural dialogue; in addition, stresses the importance of the new media in providing access to cultural goods and content and in making Europe's cultural heritage and history better known, inside and outside the EU, as demonstrated by key projects such as Europeana;

| 21. | Calls on the Commission to create a central internet portal which both provides information on existing EU support programmes in the external relations sphere which have a cultural component and on the planning and organisation of cultural events of pan-European significance by the EU’s foreign representations and acts as a central information platform to facilitate networking between cultural professionals, institutions and civil society, and which at the same time contains links to other EU-sponsored events, such as Europeana; |
| --- | --- |

21.

Calls on the Commission to create a central internet portal which both provides information on existing EU support programmes in the external relations sphere which have a cultural component and on the planning and organisation of cultural events of pan-European significance by the EU’s foreign representations and acts as a central information platform to facilitate networking between cultural professionals, institutions and civil society, and which at the same time contains links to other EU-sponsored events, such as Europeana;

Cultural diplomacy and cultural cooperation

| 22. | Emphasises the importance of cultural diplomacy and cultural cooperation in advancing and communicating throughout the world the EU’s and the Member States’ interests and the values that make up European culture; stresses the need for the EU to act as a (world) player with a global perspective and global responsibility; |
| --- | --- |

22.

Emphasises the importance of cultural diplomacy and cultural cooperation in advancing and communicating throughout the world the EU’s and the Member States’ interests and the values that make up European culture; stresses the need for the EU to act as a (world) player with a global perspective and global responsibility;

| 23. | Argues that the EU's external actions should focus primarily on promoting peace and reconciliation, human rights, international trade and economic development, without neglecting the cultural aspects of diplomacy; |
| --- | --- |

23.

Argues that the EU's external actions should focus primarily on promoting peace and reconciliation, human rights, international trade and economic development, without neglecting the cultural aspects of diplomacy;

| 24. | Stresses the need to devise effective strategies for intercultural negotiations, and considers that a multicultural approach to this task may facilitate the conclusion of beneficial agreements, putting the EU and third-country partners on an equal footing; |
| --- | --- |

24.

Stresses the need to devise effective strategies for intercultural negotiations, and considers that a multicultural approach to this task may facilitate the conclusion of beneficial agreements, putting the EU and third-country partners on an equal footing;

| 25. | Urges that one person in each EU representation overseas should be responsible for the coordination of cultural relations and interaction between the EU and third countries and for the promotion of European culture, in close cooperation with cultural actors and network-based organisations such as EUNIC; |
| --- | --- |

25.

Urges that one person in each EU representation overseas should be responsible for the coordination of cultural relations and interaction between the EU and third countries and for the promotion of European culture, in close cooperation with cultural actors and network-based organisations such as EUNIC;

| 26. | Emphasises the need to adopt a comprehensive approach to cultural mediation and cultural exchange and the role of culture in fostering democratisation, human rights, conflict prevention and peace-building; |
| --- | --- |

26.

Emphasises the need to adopt a comprehensive approach to cultural mediation and cultural exchange and the role of culture in fostering democratisation, human rights, conflict prevention and peace-building;

| 27. | Encourages the launch of policy dialogues on culture, such as that recently initiated between the EU and India, in order to strengthen people-to-people contacts; |
| --- | --- |

27.

Encourages the launch of policy dialogues on culture, such as that recently initiated between the EU and India, in order to strengthen people-to-people contacts;

| 28. | Encourages the setting of priorities directly linked to the cultural dimension within the EIDHR, including strengthening the rule of law, conflict management and prevention, civil society cooperation and the role of new technologies as regards freedom of expression, democratic participation and human rights; |
| --- | --- |

28.

Encourages the setting of priorities directly linked to the cultural dimension within the EIDHR, including strengthening the rule of law, conflict management and prevention, civil society cooperation and the role of new technologies as regards freedom of expression, democratic participation and human rights;

EU external relations and European External Action Service (EEAS)

| 29. | Expects the draft organisational chart of the EEAS to include positions tailored to cultural aspects, and suggests that a coordination unit be established for this purpose; |
| --- | --- |

29.

Expects the draft organisational chart of the EEAS to include positions tailored to cultural aspects, and suggests that a coordination unit be established for this purpose;

| 30. | Calls on the EEAS and the Commission to coordinate the strategic deployment of the cultural aspects of external policy, incorporating culture consistently and systematically into the EU’s external relations and seeking complementarity with the Member States' external cultural policies; |
| --- | --- |

30.

Calls on the EEAS and the Commission to coordinate the strategic deployment of the cultural aspects of external policy, incorporating culture consistently and systematically into the EU’s external relations and seeking complementarity with the Member States' external cultural policies;

| 31. | Calls for EEAS staff to be provided with appropriate training and further training in the cultural and digital aspects of external policy, so that they can provide coordination in this area for EU delegations, for joint European training possibilities to be offered to national experts and staff from cultural institutes, and for training facilities to be thrown open for global participation; |
| --- | --- |

31.

Calls for EEAS staff to be provided with appropriate training and further training in the cultural and digital aspects of external policy, so that they can provide coordination in this area for EU delegations, for joint European training possibilities to be offered to national experts and staff from cultural institutes, and for training facilities to be thrown open for global participation;

| 32. | Calls for the inclusion of a DG Cultural and Digital Diplomacy in the organisation of the EEAS; |
| --- | --- |

32.

Calls for the inclusion of a DG Cultural and Digital Diplomacy in the organisation of the EEAS;

| 33. | Encourages the EEAS, when developing its resources and competences in the cultural sphere, to cooperate with networks such as EUNIC in order to draw on their experience as independent links between the Member States and cultural mediation organisations and create and exploit synergies; |
| --- | --- |

33.

Encourages the EEAS, when developing its resources and competences in the cultural sphere, to cooperate with networks such as EUNIC in order to draw on their experience as independent links between the Member States and cultural mediation organisations and create and exploit synergies;

| 34. | Encourages the EEAS to take account of the EU’s recently established European Heritage Label as a tool to be used in relations with third countries with a view to improving knowledge and the dissemination of the culture and history of the European peoples; |
| --- | --- |

34.

Encourages the EEAS to take account of the EU’s recently established European Heritage Label as a tool to be used in relations with third countries with a view to improving knowledge and the dissemination of the culture and history of the European peoples;

| 35. | Calls on the Commission to establish an interinstitutional taskforce for culture in the context of the EU’s external relations in order to develop and widen coordination, streamlining, strategies and the sharing of best practices and, in that connection, to take account of the Council of Europe’s activities and initiatives and to report to Parliament on the taskforce's work; |
| --- | --- |

35.

Calls on the Commission to establish an interinstitutional taskforce for culture in the context of the EU’s external relations in order to develop and widen coordination, streamlining, strategies and the sharing of best practices and, in that connection, to take account of the Council of Europe’s activities and initiatives and to report to Parliament on the taskforce's work;

| 36. | Proposes that the Commission should submit to Parliament regular reports on the implementation of this resolution on the role of culture in the EU’s external relations; |
| --- | --- |

36.

Proposes that the Commission should submit to Parliament regular reports on the implementation of this resolution on the role of culture in the EU’s external relations;

| 37. | Proposes the creation of specific information systems to support the mobility of artists and other professionals in the cultural field, as envisaged by the study entitled ‘Information systems to support the mobility of artists and other professionals in the culture field: a feasibility study’ (11); |
| --- | --- |

37.

Proposes the creation of specific information systems to support the mobility of artists and other professionals in the cultural field, as envisaged by the study entitled ‘Information systems to support the mobility of artists and other professionals in the culture field: a feasibility study’ (11);

| 38. | Urges the Commission to propose and adopt in 2011 a Green Paper on a strategy on culture and cultural cooperation in the EU's external actions, to be followed by a communication; |
| --- | --- |

38.

Urges the Commission to propose and adopt in 2011 a Green Paper on a strategy on culture and cultural cooperation in the EU's external actions, to be followed by a communication;

| 39. | Encourages concrete steps to foster capacity-building through the involvement of civil society and the funding of independent initiatives; |
| --- | --- |

39.

Encourages concrete steps to foster capacity-building through the involvement of civil society and the funding of independent initiatives;

UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions

| 40. | Calls on the EEAS to encourage third countries to develop policies on culture and systematically to call on third countries to ratify and implement the UNESCO Convention; |
| --- | --- |

40.

Calls on the EEAS to encourage third countries to develop policies on culture and systematically to call on third countries to ratify and implement the UNESCO Convention;

| 41. | Reminds the Member States of the importance of the commitments they have given in ratifying the UNESCO Convention, since the protection of cultural diversity in the world requires an informed and balanced policy in the digital sphere; |
| --- | --- |

41.

Reminds the Member States of the importance of the commitments they have given in ratifying the UNESCO Convention, since the protection of cultural diversity in the world requires an informed and balanced policy in the digital sphere;

| 42. | Calls on the Commission to take proper account of the dual nature of cultural goods and services when negotiating bilateral and multilateral trade agreements and concluding cultural protocols and to grant preferential treatment to developing countries, in accordance with Article 16 of the UNESCO Convention; |
| --- | --- |

42.

Calls on the Commission to take proper account of the dual nature of cultural goods and services when negotiating bilateral and multilateral trade agreements and concluding cultural protocols and to grant preferential treatment to developing countries, in accordance with Article 16 of the UNESCO Convention;

| 43. | Welcomes the recent signing of an agreement between the EU and UNESCO on an EUR 1 million Expert Facility to support governance in the cultural sector and enable the governments of developing countries to take advantage of experts' knowledge in devising effective and sustainable cultural policies; |
| --- | --- |

43.

Welcomes the recent signing of an agreement between the EU and UNESCO on an EUR 1 million Expert Facility to support governance in the cultural sector and enable the governments of developing countries to take advantage of experts' knowledge in devising effective and sustainable cultural policies;

| 44. | Encourages the Member States and the Commission to step up their cooperation efforts in order to further improve national legal frameworks and policies for the protection and preservation of cultural heritage and cultural assets, in accordance with national legislation and international legal frameworks, including measures to combat illegal trafficking in cultural assets and intellectual property; encourages them to prevent the unlawful appropriation of cultural heritage and the products of cultural activity, whilst at the same time recognising the importance of copyright and intellectual property in maintaining the livelihood of those involved in cultural creation; |
| --- | --- |

44.

Encourages the Member States and the Commission to step up their cooperation efforts in order to further improve national legal frameworks and policies for the protection and preservation of cultural heritage and cultural assets, in accordance with national legislation and international legal frameworks, including measures to combat illegal trafficking in cultural assets and intellectual property; encourages them to prevent the unlawful appropriation of cultural heritage and the products of cultural activity, whilst at the same time recognising the importance of copyright and intellectual property in maintaining the livelihood of those involved in cultural creation;

| 45. | Calls for a coherent EU strategy for the international promotion of European cultural activities and programmes based on the protection of diversity and the dual nature of cultural goods and activities, which covers, inter alia, the more effective coordination of existing EU external policy programmes with cultural components and their implementation in agreements with third countries, and consistency with the cultural compatibility clauses included in the Treaties, the subsidiarity principle and the UNESCO Convention; |
| --- | --- |

45.

Calls for a coherent EU strategy for the international promotion of European cultural activities and programmes based on the protection of diversity and the dual nature of cultural goods and activities, which covers, inter alia, the more effective coordination of existing EU external policy programmes with cultural components and their implementation in agreements with third countries, and consistency with the cultural compatibility clauses included in the Treaties, the subsidiarity principle and the UNESCO Convention;

| 46. | Calls for a coherent strategy for the protection and promotion of cultural and natural heritage, both tangible and intangible, and international cooperation in conflict areas, for example through Blue Shield, which gives culture a role in preventing conflicts and restoring peace; |
| --- | --- |

46.

Calls for a coherent strategy for the protection and promotion of cultural and natural heritage, both tangible and intangible, and international cooperation in conflict areas, for example through Blue Shield, which gives culture a role in preventing conflicts and restoring peace;

| 47. | Calls for personnel being sent to conflict and post-conflict areas to be given training in the cultural aspects of action to preserve heritage and promote reconciliation, democracy and human rights; |
| --- | --- |

47.

Calls for personnel being sent to conflict and post-conflict areas to be given training in the cultural aspects of action to preserve heritage and promote reconciliation, democracy and human rights;

| 48. | Wishes to ensure that, in the framework of existing financial instruments, operational programmes are focused on simplification, efficiency and the coordination of EU policies; |
| --- | --- |

48.

Wishes to ensure that, in the framework of existing financial instruments, operational programmes are focused on simplification, efficiency and the coordination of EU policies;

| 49. | Encourages the promotion of the role of culture within the EIDHR, in its work on strengthening the rule of law, conflict management and prevention, civil society cooperation and the role of new technologies as regards freedom of expression, democratic participation and human rights; |
| --- | --- |

49.

Encourages the promotion of the role of culture within the EIDHR, in its work on strengthening the rule of law, conflict management and prevention, civil society cooperation and the role of new technologies as regards freedom of expression, democratic participation and human rights;

| 50. | Recognises that all human rights need to be respected, as laid down in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the EU Charter of Fundamental Rights, and therefore recognises the link between cultural rights, diversity and human rights and objects to the use of cultural arguments to justify human rights violations; |
| --- | --- |

50.

Recognises that all human rights need to be respected, as laid down in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the EU Charter of Fundamental Rights, and therefore recognises the link between cultural rights, diversity and human rights and objects to the use of cultural arguments to justify human rights violations;

| 51. | Proposes to include a chapter on culture in the Annual Review on Human Rights and to mainstream culture in the work of interparliamentary delegations; |
| --- | --- |

51.

Proposes to include a chapter on culture in the Annual Review on Human Rights and to mainstream culture in the work of interparliamentary delegations;

| 52. | Urges that the development of cultural activities should not be used as an argument for restricting the free movement of cultural professionals between the EU and third countries; |
| --- | --- |

52.

Urges that the development of cultural activities should not be used as an argument for restricting the free movement of cultural professionals between the EU and third countries;

| 53. | Encourages the establishment of cultural relations with countries with which no other partnerships exist, as a stepping stone towards the development of further relations; |
| --- | --- |

53.

Encourages the establishment of cultural relations with countries with which no other partnerships exist, as a stepping stone towards the development of further relations;

*

* *

| 54. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

54.

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

---

(1)  OJ L 201, 3.8.2010, p. 30.

(2)  OJ L 95, 15.4.2010, p. 1.

(3)  OJ L 288, 4.11.2009, p. 10.

(4)  OJ L 412, 30.12.2006, p. 44.

(5)  OJ C 81 E, 15.3.2011, p. 16.

(6)  OJ C 325, 2.12.2010, p. 1.

(7)  OJ C 320, 16.12.2008, p. 10.

(8)  OJ L 317, 15.12.2000, p. 3.

(9)  OJ L 209, 11.8.2005, p. 27.

(10)  OJ L 287, 4.11.2010, p. 3.

(11)  DG Education and Culture of the European Commission, March 2009.

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/142 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/142

---

Thursday 12 May 2011Unlocking the potential of cultural and creative industries

P7_TA(2011)0240

European Parliament resolution of 12 May 2011 on unlocking the potential of cultural and creative industries (2010/2156(INI))

2012/C 377 E/19

The European Parliament,

| — | having regard to Article 167 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 167 of the Treaty on the Functioning of the European Union,

| — | having regard to the United Nations Educational, Scientific and Cultural Organisation (Unesco) Convention of 20 October 2005 on the Protection and Promotion of the Diversity of Cultural Expressions, |
| --- | --- |

—

having regard to the United Nations Educational, Scientific and Cultural Organisation (Unesco) Convention of 20 October 2005 on the Protection and Promotion of the Diversity of Cultural Expressions,

| — | having regard to the Council Decision 2006/515/EC of 18 May 2006 on the conclusion of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (1), |
| --- | --- |

—

having regard to the Council Decision 2006/515/EC of 18 May 2006 on the conclusion of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (1),

| — | having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (2), |
| --- | --- |

—

having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (2),

| — | having regard to Decision No 1855/2006/EC of the European Parliament and of the Council of 12 December 2006 establishing the Culture Programme (2007 to 2013) (3), |
| --- | --- |

—

having regard to Decision No 1855/2006/EC of the European Parliament and of the Council of 12 December 2006 establishing the Culture Programme (2007 to 2013) (3),

| — | having regard to Decision No 1718/2006/EC of the European Parliament and of the Council of 15 November 2006 concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007) (4), |
| --- | --- |

—

having regard to Decision No 1718/2006/EC of the European Parliament and of the Council of 15 November 2006 concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007) (4),

| — | having regard to the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 3 January 2008 on Creative Content Online in the Single Market (COM(2007)0836), |
| --- | --- |

—

having regard to the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 3 January 2008 on Creative Content Online in the Single Market (COM(2007)0836),

| — | having regard to its resolution of 5 May 2010 on ‘Europeana – the next steps’ (5), |
| --- | --- |

—

having regard to its resolution of 5 May 2010 on ‘Europeana – the next steps’ (5),

| — | having regard to its resolution of 19 February 2009 on Social Economy (6), |
| --- | --- |

—

having regard to its resolution of 19 February 2009 on Social Economy (6),

| — | having regard to its resolution of 10 April 2008 on a European agenda for culture in a globalising world (7), |
| --- | --- |

—

having regard to its resolution of 10 April 2008 on a European agenda for culture in a globalising world (7),

| — | having regard to its resolution of 10 April 2008 on cultural industries in Europe (8), |
| --- | --- |

—

having regard to its resolution of 10 April 2008 on cultural industries in Europe (8),

| — | having regard to its resolution of 7 June 2007 on the social status of artists (9), |
| --- | --- |

—

having regard to its resolution of 7 June 2007 on the social status of artists (9),

| — | having regard to the Council Conclusions of 12 May 2009 on Culture as a Catalyst for Creativity and Innovation (10), |
| --- | --- |

—

having regard to the Council Conclusions of 12 May 2009 on Culture as a Catalyst for Creativity and Innovation (10),

| — | having regard to the Commission communication of 3 March 2010 entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020), |
| --- | --- |

—

having regard to the Commission communication of 3 March 2010 entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

| — | having regard to the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 30 June 2010 entitled ‘Europe, the world's No 1 tourist destination – a new political framework for tourism in Europe’ (COM(2010)0352), |
| --- | --- |

—

having regard to the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 30 June 2010 entitled ‘Europe, the world's No 1 tourist destination – a new political framework for tourism in Europe’ (COM(2010)0352),

| — | having regard to the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 26 August 2010 entitled ‘A digital agenda for Europe’ (COM(2010)0245/2), |
| --- | --- |

—

having regard to the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 26 August 2010 entitled ‘A digital agenda for Europe’ (COM(2010)0245/2),

| — | having regard to the Commission communication of 19 October 2009 entitled ‘Copyright in the Knowledge Economy’ (COM(2009)0532), |
| --- | --- |

—

having regard to the Commission communication of 19 October 2009 entitled ‘Copyright in the Knowledge Economy’ (COM(2009)0532),

| — | having regard to the Commission Green Paper of 27 April 2010 entitled ‘Unlocking the potential of cultural and creative industries’ (COM(2010)0183), |
| --- | --- |

—

having regard to the Commission Green Paper of 27 April 2010 entitled ‘Unlocking the potential of cultural and creative industries’ (COM(2010)0183),

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Culture and Education and the opinions of the Committee on International Trade, the Committee on Employment and Social Affairs, the Committee on Industry, Research and Energy, the Committee on Regional Development and the Committee on Legal Affairs (A7-0143/2011), |
| --- | --- |

—

having regard to the report of the Committee on Culture and Education and the opinions of the Committee on International Trade, the Committee on Employment and Social Affairs, the Committee on Industry, Research and Energy, the Committee on Regional Development and the Committee on Legal Affairs (A7-0143/2011),

| A. | whereas cultural and creative industries (CCI) are characterised by a dual nature, being economic in that they contribute to economic development through employment, economic growth and wealth creation, but also cultural, thanks to activities integrating individuals socially and culturally into society as well as by being involved in promoting values and cultural identities and developing a European cultural heritage, |
| --- | --- |

A.

whereas cultural and creative industries (CCI) are characterised by a dual nature, being economic in that they contribute to economic development through employment, economic growth and wealth creation, but also cultural, thanks to activities integrating individuals socially and culturally into society as well as by being involved in promoting values and cultural identities and developing a European cultural heritage,

| B. | whereas as this dual nature differentiates them from other industries, implementation of policies and specific measures must be taken into account, |
| --- | --- |

B.

whereas as this dual nature differentiates them from other industries, implementation of policies and specific measures must be taken into account,

| C. | whereas this specific nature is recognised and promoted by the EU on the international stage, the EU having adopted a policy of maintenance of its cultural cooperation in the WTO and ratified the Unesco Convention, |
| --- | --- |

C.

whereas this specific nature is recognised and promoted by the EU on the international stage, the EU having adopted a policy of maintenance of its cultural cooperation in the WTO and ratified the Unesco Convention,

| D. | whereas the General Agreement on Trade in Services (GATS) provides for the right to implement policies to protect cultural diversity, which is systematically applied by the EU and its Member States, |
| --- | --- |

D.

whereas the General Agreement on Trade in Services (GATS) provides for the right to implement policies to protect cultural diversity, which is systematically applied by the EU and its Member States,

| E. | whereas, in accordance with Article 167(4) TFEU, it is necessary to integrate culture into the other European policies, both internal and external, and in this regard to be particularly attentive, in the context of the current globalisation, to the protection and promotion of the diversity of cultural expressions, |
| --- | --- |

E.

whereas, in accordance with Article 167(4) TFEU, it is necessary to integrate culture into the other European policies, both internal and external, and in this regard to be particularly attentive, in the context of the current globalisation, to the protection and promotion of the diversity of cultural expressions,

| F. | whereas the Unesco Convention recognises the major role of CCI in producing, distributing and providing access to the wide range of cultural goods and services and encourages international cooperation, |
| --- | --- |

F.

whereas the Unesco Convention recognises the major role of CCI in producing, distributing and providing access to the wide range of cultural goods and services and encourages international cooperation,

| G. | whereas Member States should be willing to support culture and creativity as fundamental factors in the preservation and enhancement of cultural and landscape heritage, to be protected and conserved in order to assist in the creation of a sense of identity and heighten the public’s cultural awareness, |
| --- | --- |

G.

whereas Member States should be willing to support culture and creativity as fundamental factors in the preservation and enhancement of cultural and landscape heritage, to be protected and conserved in order to assist in the creation of a sense of identity and heighten the public’s cultural awareness,

| H. | whereas, in the EU, CCI play a major role in promoting cultural and linguistic diversity, pluralism and social and territorial cohesion, but also in democratising access to culture and promoting intercultural dialogue throughout the EU, |
| --- | --- |

H.

whereas, in the EU, CCI play a major role in promoting cultural and linguistic diversity, pluralism and social and territorial cohesion, but also in democratising access to culture and promoting intercultural dialogue throughout the EU,

| I. | whereas Europe’s cultural diversity, and particularly its rich heritage of regional languages and cultures, constitutes an irreplaceable raw material for the CCI, |
| --- | --- |

I.

whereas Europe’s cultural diversity, and particularly its rich heritage of regional languages and cultures, constitutes an irreplaceable raw material for the CCI,

| J. | whereas particular attention must be paid to cultural and language specificities in the debate on the establishment of a single market in the creative content sector, |
| --- | --- |

J.

whereas particular attention must be paid to cultural and language specificities in the debate on the establishment of a single market in the creative content sector,

| K. | whereas CCI are laboratories for artistic, technical and management innovation and whereas they make possible a broader dissemination of works and artists at European and international level, |
| --- | --- |

K.

whereas CCI are laboratories for artistic, technical and management innovation and whereas they make possible a broader dissemination of works and artists at European and international level,

| L. | whereas the CCI sector is enhanced and its visibility ensured through various initiatives by the European Parliament and the Council of Europe, such as the Europe Prize, the LUX Prize, and the Cultural Routes, |
| --- | --- |

L.

whereas the CCI sector is enhanced and its visibility ensured through various initiatives by the European Parliament and the Council of Europe, such as the Europe Prize, the LUX Prize, and the Cultural Routes,

| M. | whereas the CCI have a role to play in preserving distinctive, invaluable and unique skills and abilities through the fusion of contemporary creativity and long-standing experience; whereas, especially in certain sectors such as, for example, fashion, watchmaking and jewellery, the reputation and worldwide success of European industries in the sector are founded upon the manual skills and expertise of artisans and creators, |
| --- | --- |

M.

whereas the CCI have a role to play in preserving distinctive, invaluable and unique skills and abilities through the fusion of contemporary creativity and long-standing experience; whereas, especially in certain sectors such as, for example, fashion, watchmaking and jewellery, the reputation and worldwide success of European industries in the sector are founded upon the manual skills and expertise of artisans and creators,

| N. | whereas artists do not have at present a legal status at EU level that takes into account the specific nature of their work and their career, in regard to mobility, working conditions and social protection in particular, |
| --- | --- |

N.

whereas artists do not have at present a legal status at EU level that takes into account the specific nature of their work and their career, in regard to mobility, working conditions and social protection in particular,

| O. | whereas the CCI, which account for 5 million jobs and 2.6 % of EU GDP, are one of the main drivers for growth in the EU, creating new jobs, playing key roles in global value chains, spurring innovation, providing added value as a factor for social cohesion and serving as an efficient tool in the fight against the current recession, |
| --- | --- |

O.

whereas the CCI, which account for 5 million jobs and 2.6 % of EU GDP, are one of the main drivers for growth in the EU, creating new jobs, playing key roles in global value chains, spurring innovation, providing added value as a factor for social cohesion and serving as an efficient tool in the fight against the current recession,

| P. | whereas the CCI have an influence on almost every other economic sector, furnishing them with innovations that are decisive for competitiveness, especially where information and communication technologies (ICT) are concerned, |
| --- | --- |

P.

whereas the CCI have an influence on almost every other economic sector, furnishing them with innovations that are decisive for competitiveness, especially where information and communication technologies (ICT) are concerned,

| Q. | whereas these industries are a driving force for economies in the digital age, making a significant contribution to innovation and the development of new ICT, and whereas they contribute to attaining the Europe 2020 objectives, |
| --- | --- |

Q.

whereas these industries are a driving force for economies in the digital age, making a significant contribution to innovation and the development of new ICT, and whereas they contribute to attaining the Europe 2020 objectives,

| R. | whereas CCI can create wealth and jobs if they are given the means to be competitive with the CCI in countries outside the EU in the context of a European international competition strategy, |
| --- | --- |

R.

whereas CCI can create wealth and jobs if they are given the means to be competitive with the CCI in countries outside the EU in the context of a European international competition strategy,

| S. | whereas some people involved in the creative and cultural industries are self-employed, |
| --- | --- |

S.

whereas some people involved in the creative and cultural industries are self-employed,

| T. | whereas the CCI are a growth market in the EU and an area where it has the potential to become a global market leader, |
| --- | --- |

T.

whereas the CCI are a growth market in the EU and an area where it has the potential to become a global market leader,

| U. | whereas the development of trade in cultural and creative goods and services constitutes an important pillar for culture, development and democracy, |
| --- | --- |

U.

whereas the development of trade in cultural and creative goods and services constitutes an important pillar for culture, development and democracy,

| V. | whereas creativity depends on access to existing knowledge, works and creative content, |
| --- | --- |

V.

whereas creativity depends on access to existing knowledge, works and creative content,

| W. | whereas the role of cultural content in the digital economy is crucial; whereas Europe’s digital growth will depend in future on having a varied supply of high-quality cultural content, |
| --- | --- |

W.

whereas the role of cultural content in the digital economy is crucial; whereas Europe’s digital growth will depend in future on having a varied supply of high-quality cultural content,

| X. | whereas the digital age opens new possibilities for these industries by introducing new economic models enabling consumers to have access to a range of high-quality products, |
| --- | --- |

X.

whereas the digital age opens new possibilities for these industries by introducing new economic models enabling consumers to have access to a range of high-quality products,

| Y. | whereas the content industry is making a considerable effort to develop legal offers on cultural online content and all stakeholders should join forces in raising awareness about the existing legal offers of online content, |
| --- | --- |

Y.

whereas the content industry is making a considerable effort to develop legal offers on cultural online content and all stakeholders should join forces in raising awareness about the existing legal offers of online content,

| Z. | whereas newspapers and magazines are components of cultural industries as well as a pluralistic and diverse European media landscape, |
| --- | --- |

Z.

whereas newspapers and magazines are components of cultural industries as well as a pluralistic and diverse European media landscape,

| AA. | whereas the digital age also poses challenges to the sustainability of traditional sectors of these industries, including book publishing, bookselling and the print media, |
| --- | --- |

AA.

whereas the digital age also poses challenges to the sustainability of traditional sectors of these industries, including book publishing, bookselling and the print media,

| AB. | whereas, in order to flourish, Europe’s CCI require a modern, accessible and legally certain system for the protection of intellectual property rights (IPR), |
| --- | --- |

AB.

whereas, in order to flourish, Europe’s CCI require a modern, accessible and legally certain system for the protection of intellectual property rights (IPR),

| AC. | whereas it is essential to ensure the artistic and cultural education of citizens and to appreciate the creative process in order to develop creativity and knowledge of the arts, culture, cultural heritage and the cultural diversity of the EU, education should extend to learning about not only digital rights but also obligations, to foster better understanding and respect of works protected by IPR, |
| --- | --- |

AC.

whereas it is essential to ensure the artistic and cultural education of citizens and to appreciate the creative process in order to develop creativity and knowledge of the arts, culture, cultural heritage and the cultural diversity of the EU, education should extend to learning about not only digital rights but also obligations, to foster better understanding and respect of works protected by IPR,

| AD. | whereas the technological advances in ICT in no way alter the fundamental need to protect IPR, |
| --- | --- |

AD.

whereas the technological advances in ICT in no way alter the fundamental need to protect IPR,

| AE. | whereas better compliance with the existing legal framework protecting these rights, as well as reforms regarding, inter alia, simplification of licensing procedures in the cultural industries, are required in order to take full advantage of the new possibilities offered, whilst guaranteeing a well-balanced system of rights protection which takes account of the interests of both creators and consumers, |
| --- | --- |

AE.

whereas better compliance with the existing legal framework protecting these rights, as well as reforms regarding, inter alia, simplification of licensing procedures in the cultural industries, are required in order to take full advantage of the new possibilities offered, whilst guaranteeing a well-balanced system of rights protection which takes account of the interests of both creators and consumers,

| AF. | whereas a modern Union trademark system is essential in order to protect the value represented by investments made by European companies in design, creation and innovation, |
| --- | --- |

AF.

whereas a modern Union trademark system is essential in order to protect the value represented by investments made by European companies in design, creation and innovation,

| AG. | whereas there must be a guarantee of strategic investments in CCI, for example through access to funding which is adapted to their specific characteristics and needs, in order to enable them to play a full part in boosting the European economy, |
| --- | --- |

AG.

whereas there must be a guarantee of strategic investments in CCI, for example through access to funding which is adapted to their specific characteristics and needs, in order to enable them to play a full part in boosting the European economy,

| AH. | whereas CCI play a major role in developing centres of creativity at local and regional level which make regions more attractive and allow businesses and jobs anchored in the local and regional economic fabric to be created and developed, make the regions more attractive to tourists, promote the setting up of new businesses and enhance the profile of these regions, and promote the cultural and artistic sector and the preservation, promotion and enhancement of the European cultural heritage thanks to numerous agencies such as local and regional authorities, |
| --- | --- |

AH.

whereas CCI play a major role in developing centres of creativity at local and regional level which make regions more attractive and allow businesses and jobs anchored in the local and regional economic fabric to be created and developed, make the regions more attractive to tourists, promote the setting up of new businesses and enhance the profile of these regions, and promote the cultural and artistic sector and the preservation, promotion and enhancement of the European cultural heritage thanks to numerous agencies such as local and regional authorities,

| AI. | whereas the European Neighbourhood and Partnership Instrument (ENPI) and its regional action plan (RIP) have been approved and funded for 2011-2013, |
| --- | --- |

AI.

whereas the European Neighbourhood and Partnership Instrument (ENPI) and its regional action plan (RIP) have been approved and funded for 2011-2013,

| AJ. | whereas the role of the European Creative Industries Alliance (ECIA) should be enhanced, |
| --- | --- |

AJ.

whereas the role of the European Creative Industries Alliance (ECIA) should be enhanced,

Cultural and creative industries as a driving force in the European Union

| 1. | Stresses the need to analyse CCI and the impact of their activities on the European economy, identifying, defining and describing them each in turn, in order to highlight their characteristics, better understand their goals and problems and implement more effective measures; |
| --- | --- |

1.

Stresses the need to analyse CCI and the impact of their activities on the European economy, identifying, defining and describing them each in turn, in order to highlight their characteristics, better understand their goals and problems and implement more effective measures;

| 2. | Calls on the Commission to pursue its efforts to produce a better definition of CCI with a view to analysing in depth their impact on long-term growth and international competitiveness and to foster greater recognition of the specific features of the sector; |
| --- | --- |

2.

Calls on the Commission to pursue its efforts to produce a better definition of CCI with a view to analysing in depth their impact on long-term growth and international competitiveness and to foster greater recognition of the specific features of the sector;

| 3. | Calls on the Member States to be strongly committed to protecting and supporting their own cultural heritage, recognising that for CCI to develop requires a dual economy where public and private investment coexist; |
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3.

Calls on the Member States to be strongly committed to protecting and supporting their own cultural heritage, recognising that for CCI to develop requires a dual economy where public and private investment coexist;

| 4. | Considers that CCI should be at the centre of a new European policy agenda in line with the economic needs of the sector and in the context of digitalisation, and that the future Culture Programme should reflect the needs of the cultural and creative sector in the digital age through a more pragmatic, more comprehensive approach; |
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4.

Considers that CCI should be at the centre of a new European policy agenda in line with the economic needs of the sector and in the context of digitalisation, and that the future Culture Programme should reflect the needs of the cultural and creative sector in the digital age through a more pragmatic, more comprehensive approach;

| 5. | Recognises that, as sources of economic and social innovation in many other sectors of the economy, CCI have great synergising power; |
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5.

Recognises that, as sources of economic and social innovation in many other sectors of the economy, CCI have great synergising power;

| 6. | Calls on the Commission to continue its efforts to support, promote and facilitate the development of the culture and creativity framework by fostering a more elaborate system of cooperation among Member States and EU institutions, based on sharing experience of good practice; recommends that the Commission include local and regional authorities in the follow-up process to the Green Paper, in accordance with the principle of subsidiarity; |
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6.

Calls on the Commission to continue its efforts to support, promote and facilitate the development of the culture and creativity framework by fostering a more elaborate system of cooperation among Member States and EU institutions, based on sharing experience of good practice; recommends that the Commission include local and regional authorities in the follow-up process to the Green Paper, in accordance with the principle of subsidiarity;

| 7. | Calls on the Commission to draw up a White Paper, in view of the ever increasing importance of CCI as well as the objective of strengthening this sector, which is of strategic importance for the achievement of the Europe 2020 goals; |
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7.

Calls on the Commission to draw up a White Paper, in view of the ever increasing importance of CCI as well as the objective of strengthening this sector, which is of strategic importance for the achievement of the Europe 2020 goals;

Education, training and awareness-raising

| 8. | Encourages the Member States and the Commission both to promote artistic and cultural education (with particular emphasis on creativity) among all age groups, from primary to higher and/or vocational education, and to develop creators’ entrepreneurial skills, including in the context of lifelong learning, particularly on account of its role in raising awareness of creativity and teaching good use of ITC and respect for intellectual property; |
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8.

Encourages the Member States and the Commission both to promote artistic and cultural education (with particular emphasis on creativity) among all age groups, from primary to higher and/or vocational education, and to develop creators’ entrepreneurial skills, including in the context of lifelong learning, particularly on account of its role in raising awareness of creativity and teaching good use of ITC and respect for intellectual property;

| 9. | Points out the advantages of an education which combines a theoretical knowledge of cultural and art history with practical artistic creation and the management of cultural assets in undertakings, studios etc, with the aim of enhancing both theoretical and practical skills; |
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9.

Points out the advantages of an education which combines a theoretical knowledge of cultural and art history with practical artistic creation and the management of cultural assets in undertakings, studios etc, with the aim of enhancing both theoretical and practical skills;

| 10. | Highlights the importance of educational programmes which focus on vocational training, the development of ideas and storytelling, e-skills, technical, entrepreneurial and marketing skills, including the use of social networks, and workers' skills; |
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10.

Highlights the importance of educational programmes which focus on vocational training, the development of ideas and storytelling, e-skills, technical, entrepreneurial and marketing skills, including the use of social networks, and workers' skills;

| 11. | Highlights the potential of close cooperation and dialogue between CCI, universities, research centres, art schools and art establishments to provide joint training programmes and lifelong learning opportunities; |
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11.

Highlights the potential of close cooperation and dialogue between CCI, universities, research centres, art schools and art establishments to provide joint training programmes and lifelong learning opportunities;

| 12. | Reminds the Commission and the Member States of the urgent need to recognise vocational qualifications in the CCI, to promote student and lecturer mobility and further develop training-work experience internships for artists and creators; |
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12.

Reminds the Commission and the Member States of the urgent need to recognise vocational qualifications in the CCI, to promote student and lecturer mobility and further develop training-work experience internships for artists and creators;

| 13. | Requests that the Commission call on Member States to expand the framework for recognition of professional qualifications and training courses, not least with a view to including the new skills required in the CCI sector; |
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13.

Requests that the Commission call on Member States to expand the framework for recognition of professional qualifications and training courses, not least with a view to including the new skills required in the CCI sector;

| 14. | Calls on the Commission to promote joint research and partnership programmes between the CCI and the education and training sector (including in-service training), thus providing citizens with creative and intercultural skills, to facilitate the use of new techniques and new creative tools in the education sector, to step up lifelong education and training – specifically through use of the European Social Fund – in view of the pace of technological change in this field, and conversely, by means of research and education, to renew the CCI; |
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14.

Calls on the Commission to promote joint research and partnership programmes between the CCI and the education and training sector (including in-service training), thus providing citizens with creative and intercultural skills, to facilitate the use of new techniques and new creative tools in the education sector, to step up lifelong education and training – specifically through use of the European Social Fund – in view of the pace of technological change in this field, and conversely, by means of research and education, to renew the CCI;

| 15. | Calls on the Member States to promote the availability of managerial, business and entrepreneurial training specifically tailored for professionals in the CCI, thus equipping them with the communication and entrepreneurial skills required in an ever evolving socio-economic environment; notes the positive training and management experience developed in the audiovisual field by the MEDIA programme and hopes to see the Culture programme equipped with similar instruments; |
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15.

Calls on the Member States to promote the availability of managerial, business and entrepreneurial training specifically tailored for professionals in the CCI, thus equipping them with the communication and entrepreneurial skills required in an ever evolving socio-economic environment; notes the positive training and management experience developed in the audiovisual field by the MEDIA programme and hopes to see the Culture programme equipped with similar instruments;

| 16. | Proposes the creation of new pilot projects under the Erasmus and Erasmus for Young Entrepreneurs programmes to allow for greater collaboration between universities and enterprises in the cultural and creative sector; |
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16.

Proposes the creation of new pilot projects under the Erasmus and Erasmus for Young Entrepreneurs programmes to allow for greater collaboration between universities and enterprises in the cultural and creative sector;

| 17. | Underlines the need to pass on techniques and know-how and the value of reinforcing learning and setting up professional training programmes focused on the cultural and creative sector, better harnessing the use of existing programmes and curricula, providing multidisciplinary education and promoting cooperation and partnerships between educational institutions, students, professionals from the cultural and creative sector, enterprises of all sizes, including the private and public sectors, craftspeople and financial institutions; |
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17.

Underlines the need to pass on techniques and know-how and the value of reinforcing learning and setting up professional training programmes focused on the cultural and creative sector, better harnessing the use of existing programmes and curricula, providing multidisciplinary education and promoting cooperation and partnerships between educational institutions, students, professionals from the cultural and creative sector, enterprises of all sizes, including the private and public sectors, craftspeople and financial institutions;

| 18. | Recognises the importance of CCI in fostering the development of European content, thereby contributing to the cultural convergence of the Member States and a closer relationship between their people; |
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18.

Recognises the importance of CCI in fostering the development of European content, thereby contributing to the cultural convergence of the Member States and a closer relationship between their people;

| 19. | Stresses that intercultural learning and skills help people understand other cultures, thereby contributing to social inclusion; |
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19.

Stresses that intercultural learning and skills help people understand other cultures, thereby contributing to social inclusion;

Working conditions and entrepreneurship

| 20. | Acknowledges the impact, competitiveness and future potential of CCI as an important engine for sustainable growth in Europe that can play a decisive role in the EU's economic recovery; |
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20.

Acknowledges the impact, competitiveness and future potential of CCI as an important engine for sustainable growth in Europe that can play a decisive role in the EU's economic recovery;

| 21. | Calls on the Commission to recognise the CCI as a productive part of the European economy, notably in terms of their capacity to help make other sectors of the economy more competitive; |
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21.

Calls on the Commission to recognise the CCI as a productive part of the European economy, notably in terms of their capacity to help make other sectors of the economy more competitive;

| 22. | Underlines the need to consider working conditions and the economic, social, legal and taxation aspects of these sectors, with particular reference to the entrepreneurial dimension of the CCI and to working conditions; |
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22.

Underlines the need to consider working conditions and the economic, social, legal and taxation aspects of these sectors, with particular reference to the entrepreneurial dimension of the CCI and to working conditions;

| 23. | Stresses, in this respect, the need to fight against pay discrimination and to improve the degree to which jobs match the level of qualifications; |
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23.

Stresses, in this respect, the need to fight against pay discrimination and to improve the degree to which jobs match the level of qualifications;

| 24. | Invites the Commission, therefore, to analyse the impact the CCI have on the EU economy, and to publish a performance evaluation guide on employment and business wealth creation in each of the sector’s branches; |
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24.

Invites the Commission, therefore, to analyse the impact the CCI have on the EU economy, and to publish a performance evaluation guide on employment and business wealth creation in each of the sector’s branches;

| 25. | Stresses the need to develop a strong sense of cultural and creative entrepreneurship at local, regional, national and European level; |
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25.

Stresses the need to develop a strong sense of cultural and creative entrepreneurship at local, regional, national and European level;

| 26. | Stresses the need to create optimum conditions for employing university-educated and professional young people from this sector and to foster opportunities for them to become entrepreneurs, as well as to train them in the specific economic, taxation, financial and technological aspects of the cultural and creative world and in communication and marketing, IPR and intergenerational knowledge transfer; |
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26.

Stresses the need to create optimum conditions for employing university-educated and professional young people from this sector and to foster opportunities for them to become entrepreneurs, as well as to train them in the specific economic, taxation, financial and technological aspects of the cultural and creative world and in communication and marketing, IPR and intergenerational knowledge transfer;

| 27. | Calls on the Commission to set up a multilingual platform so that people working in the cultural and creative sector can join a European-level network where they can exchange experience, best practices and expertise and cooperate on joint projects or pilot projects with a transnational and cross-border dimension and find complete information on the legislation in force (such as copyright issues, social rights) and on funding possibilities; |
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27.

Calls on the Commission to set up a multilingual platform so that people working in the cultural and creative sector can join a European-level network where they can exchange experience, best practices and expertise and cooperate on joint projects or pilot projects with a transnational and cross-border dimension and find complete information on the legislation in force (such as copyright issues, social rights) and on funding possibilities;

| 28. | Calls on the Commission and the Member States to once again include under the heading of CCI non-profit organisations and social economy operators - as defined in Parliament’s resolution of 19 February 2009 on Social Economy - as they are active in sectors relevant to the CCI, thereby permitting the adoption of tax benefits, easy access to loans and employment protection; |
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28.

Calls on the Commission and the Member States to once again include under the heading of CCI non-profit organisations and social economy operators - as defined in Parliament’s resolution of 19 February 2009 on Social Economy - as they are active in sectors relevant to the CCI, thereby permitting the adoption of tax benefits, easy access to loans and employment protection;

| 29. | Calls on the Commission to respect and acknowledge actions taken by cultural services, not-for-profit organisations and private initiatives involved in the development of a creative inclusive economy; calls on the Commission and the Member States to encourage and embed good practices designed to facilitate access for both young people (irrespective of their status as students, apprentices, trainees or job-seekers, etc.) and particularly vulnerable people to culture and creative content – for example, reduced prices, culture vouchers and free cultural activities; |
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29.

Calls on the Commission to respect and acknowledge actions taken by cultural services, not-for-profit organisations and private initiatives involved in the development of a creative inclusive economy; calls on the Commission and the Member States to encourage and embed good practices designed to facilitate access for both young people (irrespective of their status as students, apprentices, trainees or job-seekers, etc.) and particularly vulnerable people to culture and creative content – for example, reduced prices, culture vouchers and free cultural activities;

Status of artists

| 30. | Reaffirms that the status of European artist must be created so that artists are able to enjoy satisfactory working conditions and appropriate measures in regard to tax systems, their right to work, social security rights and copyright in order to improve mobility across the EU; |
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30.

Reaffirms that the status of European artist must be created so that artists are able to enjoy satisfactory working conditions and appropriate measures in regard to tax systems, their right to work, social security rights and copyright in order to improve mobility across the EU;

| 31. | Invites those Member States that have not yet done so to act on the UNESCO Recommendation concerning the Status of the Artist; |
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31.

Invites those Member States that have not yet done so to act on the UNESCO Recommendation concerning the Status of the Artist;

Artistic trades

| 32. | Points out that artistic trades constitute one of the pillars on which our cultural heritage and our economy rest, and that their continuity must therefore be safeguarded by means of appropriate mechanisms for passing on knowledge and skills, as emphasised in Parliament’s resolution of 10 April 2008 on cultural industries in Europe; |
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32.

Points out that artistic trades constitute one of the pillars on which our cultural heritage and our economy rest, and that their continuity must therefore be safeguarded by means of appropriate mechanisms for passing on knowledge and skills, as emphasised in Parliament’s resolution of 10 April 2008 on cultural industries in Europe;

| 33. | Reaffirms the aim of preserving the specific nature of some trades and the transfer of know-how, especially in the cultural, creative and crafts sector, and of guaranteeing mechanisms for knowledge transfer; proposes encouraging the establishment at local, regional and territorial level of knowledge transfer workshops, particularly for the traditional creative sector; |
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33.

Reaffirms the aim of preserving the specific nature of some trades and the transfer of know-how, especially in the cultural, creative and crafts sector, and of guaranteeing mechanisms for knowledge transfer; proposes encouraging the establishment at local, regional and territorial level of knowledge transfer workshops, particularly for the traditional creative sector;

| 34. | Points out that the economic model for CCI, including in the luxury sector which is representative of it, is based on innovation, constant creativity, consumer confidence and investment in jobs that are often highly skilled and involve unique know-how; calls on the Commission to promote the sustainability of this economic model in its proposals affecting CCI by developing a regulatory framework adapted to their specific characteristics, particularly as regards respect for IPR; |
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34.

Points out that the economic model for CCI, including in the luxury sector which is representative of it, is based on innovation, constant creativity, consumer confidence and investment in jobs that are often highly skilled and involve unique know-how; calls on the Commission to promote the sustainability of this economic model in its proposals affecting CCI by developing a regulatory framework adapted to their specific characteristics, particularly as regards respect for IPR;

| 35. | Emphasises the danger of a shortage of manpower in some highly skilled or very specific trades which contribute to the existence of CCI in the EU and asks the Commission and the Member States to take necessary measures, in conjunction with the enterprises, to ensure these unique skills are preserved and to facilitate the training of a new generation of artisans and workers specialising in these trades; |
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35.

Emphasises the danger of a shortage of manpower in some highly skilled or very specific trades which contribute to the existence of CCI in the EU and asks the Commission and the Member States to take necessary measures, in conjunction with the enterprises, to ensure these unique skills are preserved and to facilitate the training of a new generation of artisans and workers specialising in these trades;

Improving the distribution of works in the digital age

| 36. | Encourages the Member States to promote the distribution and circulation of works across the EU; |
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36.

Encourages the Member States to promote the distribution and circulation of works across the EU;

| 37. | Recognises that it is not just innovation in technological production that must be promoted but also innovation in management processes, in developing the projects themselves and in their distribution and marketing; |
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37.

Recognises that it is not just innovation in technological production that must be promoted but also innovation in management processes, in developing the projects themselves and in their distribution and marketing;

| 38. | Asks the Commission to consider the possibility of establishing specific actions and suitable tools to support and develop European CCI, in particular SMEs, with the aim of improving the creation, production, promotion and distribution of cultural goods and services; |
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38.

Asks the Commission to consider the possibility of establishing specific actions and suitable tools to support and develop European CCI, in particular SMEs, with the aim of improving the creation, production, promotion and distribution of cultural goods and services;

| 39. | Stresses that online use can represent a real opportunity for better diffusion and distribution of European works, particularly audiovisual works, in conditions where legal supply can develop in an environment of healthy competition which effectively tackles the illegal supply of protected works and new ways of remunerating creators can develop which involve them financially in the success of their works; |
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39.

Stresses that online use can represent a real opportunity for better diffusion and distribution of European works, particularly audiovisual works, in conditions where legal supply can develop in an environment of healthy competition which effectively tackles the illegal supply of protected works and new ways of remunerating creators can develop which involve them financially in the success of their works;

| 40. | Calls on the Commission to ensure the strict implementation of Article 13 of the Audiovisual Media Services Directive (11), which provides for the Member States to ensure that on-demand audiovisual media services promote the production of and access to European works and to report to it on the implementation of this provision no later than 2012; |
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40.

Calls on the Commission to ensure the strict implementation of Article 13 of the Audiovisual Media Services Directive (11), which provides for the Member States to ensure that on-demand audiovisual media services promote the production of and access to European works and to report to it on the implementation of this provision no later than 2012;

| 41. | Underlines that, in order to guarantee better distribution of European works and repertoires, initiatives must be introduced aimed at improving and promoting translation, dubbing, subtitling, surtitling and digitisation of European cultural works and at drawing up specific measures in these areas as part of the new generation of MEDIA and Culture programmes for the period 2014-2020; |
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41.

Underlines that, in order to guarantee better distribution of European works and repertoires, initiatives must be introduced aimed at improving and promoting translation, dubbing, subtitling, surtitling and digitisation of European cultural works and at drawing up specific measures in these areas as part of the new generation of MEDIA and Culture programmes for the period 2014-2020;

| 42. | Calls on the Commission to encourage the growth of the CCI, especially online, by taking relevant steps to ensure that all stakeholders share the responsibility for equally protecting products and services in the digital environment in order to build greater consumer trust online; |
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42.

Calls on the Commission to encourage the growth of the CCI, especially online, by taking relevant steps to ensure that all stakeholders share the responsibility for equally protecting products and services in the digital environment in order to build greater consumer trust online;

| 43. | Calls on the Commission to establish a legal framework to ensure a high level of confidence in the digital space – commercial and non-commercial – so that CCI on the one hand and consumers on the other can make full use of digital distribution channels without fear of being deterred by misleading or abusive practices; |
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43.

Calls on the Commission to establish a legal framework to ensure a high level of confidence in the digital space – commercial and non-commercial – so that CCI on the one hand and consumers on the other can make full use of digital distribution channels without fear of being deterred by misleading or abusive practices;

| 44. | Calls on the Commission and the Member States to give particular consideration to the role of libraries as institutions for the dissemination of culture and as forums for dialogue; considers that libraries, together with the educational and cultural sector, should be given responsibility and resources for the digital switchover; recalls that this process is a matter of urgency, since European libraries even now have only limited means to convert satisfactorily to digital media; |
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44.

Calls on the Commission and the Member States to give particular consideration to the role of libraries as institutions for the dissemination of culture and as forums for dialogue; considers that libraries, together with the educational and cultural sector, should be given responsibility and resources for the digital switchover; recalls that this process is a matter of urgency, since European libraries even now have only limited means to convert satisfactorily to digital media;

| 45. | Stresses in particular the importance of expanding the European digital library and developing it as a focal point for projecting Europe's cultural heritage, collective memory and creativity and as a starting point for educational, cultural, innovative and entrepreneurial activities; points out that artistic exchanges constitute one of the pillars on which our cultural heritage and our economy rest, and that their continuity must therefore be safeguarded by means of appropriate mechanisms for passing on knowledge and skills; |
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45.

Stresses in particular the importance of expanding the European digital library and developing it as a focal point for projecting Europe's cultural heritage, collective memory and creativity and as a starting point for educational, cultural, innovative and entrepreneurial activities; points out that artistic exchanges constitute one of the pillars on which our cultural heritage and our economy rest, and that their continuity must therefore be safeguarded by means of appropriate mechanisms for passing on knowledge and skills;

| 46. | Underlines the need to give due regard to the challenges facing traditional sectors of the CCI, such as book publishing, bookselling and the print media; |
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46.

Underlines the need to give due regard to the challenges facing traditional sectors of the CCI, such as book publishing, bookselling and the print media;

| 47. | Calls on the Commission to take initiatives to promote and increase digital literacy, given the increasing shift towards digital content production and distribution by the publishing industry; stresses that publishers should be closely involved in initiatives on digital media literacy; |
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47.

Calls on the Commission to take initiatives to promote and increase digital literacy, given the increasing shift towards digital content production and distribution by the publishing industry; stresses that publishers should be closely involved in initiatives on digital media literacy;

Towards an internal market for cultural and creative content

| 48. | Urges the Member States and the Commission to establish a European digital single market and technical and financial support mechanisms in CCI with the aim of digitising cultural heritage, and to introduce common European standards; |
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48.

Urges the Member States and the Commission to establish a European digital single market and technical and financial support mechanisms in CCI with the aim of digitising cultural heritage, and to introduce common European standards;

| 49. | Emphasises the importance of the swift implementation and success of the Digital Agenda initiative in order to enable CCI to benefit fully from and to adapt successfully to all the opportunities created by far-reaching, high-speed broadband and by new wireless technologies; |
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49.

Emphasises the importance of the swift implementation and success of the Digital Agenda initiative in order to enable CCI to benefit fully from and to adapt successfully to all the opportunities created by far-reaching, high-speed broadband and by new wireless technologies;

| 50. | Calls on the Member States and the Commission to take the necessary steps to establish a European internal market for on-line cultural and creative content and guarantee access to this content to European citizens whilst ensuring that those entitled are protected and properly compensated and that all funding channels for the creative sector are consolidated; |
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50.

Calls on the Member States and the Commission to take the necessary steps to establish a European internal market for on-line cultural and creative content and guarantee access to this content to European citizens whilst ensuring that those entitled are protected and properly compensated and that all funding channels for the creative sector are consolidated;

| 51. | Calls on the Commission to support new and innovative economic models in the creative and cultural sector which are adapted to the impact of globalisation and the challenges of the digital age, particularly with regard to content industries; |
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51.

Calls on the Commission to support new and innovative economic models in the creative and cultural sector which are adapted to the impact of globalisation and the challenges of the digital age, particularly with regard to content industries;

| 52. | Emphasises the importance, for the creation of conditions of equal access to new platforms and equipment, of interoperability and standards; calls on the Commission to promote interoperability between platforms, to develop standards which help create a marketplace conducive to innovation, and to avoid using systems that might limit access to diversified content; |
| --- | --- |

52.

Emphasises the importance, for the creation of conditions of equal access to new platforms and equipment, of interoperability and standards; calls on the Commission to promote interoperability between platforms, to develop standards which help create a marketplace conducive to innovation, and to avoid using systems that might limit access to diversified content;

| 53. | Calls on the Commission to promote the use, dissemination and development of open source software and open standards, which represent potential for innovation, creativity, knowledge dissemination and job creation; |
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53.

Calls on the Commission to promote the use, dissemination and development of open source software and open standards, which represent potential for innovation, creativity, knowledge dissemination and job creation;

| 54. | Notes that market fragmentation in the cultural and creative sectors is in part due to the cultural diversity and language preferences of consumers; |
| --- | --- |

54.

Notes that market fragmentation in the cultural and creative sectors is in part due to the cultural diversity and language preferences of consumers;

| 55. | Stresses the importance of considering the best way to adapt the regulatory framework – and in particular the rules on competition policy – to the specific situation of the cultural sector in order to ensure cultural diversity and consumer access to a range of high-quality cultural content and services; |
| --- | --- |

55.

Stresses the importance of considering the best way to adapt the regulatory framework – and in particular the rules on competition policy – to the specific situation of the cultural sector in order to ensure cultural diversity and consumer access to a range of high-quality cultural content and services;

| 56. | Notes that e-commerce and the Internet are developing at such a pace, with ‘generations’ of technology growing shorter geometrically; believes therefore that attempts should be made to bring the EU’s regulatory response into line with current social and commercial requirements so that it does not become pointless through lagging behind and obstruct the full unlocking of the potential of the EU Member States’ CCI; |
| --- | --- |

56.

Notes that e-commerce and the Internet are developing at such a pace, with ‘generations’ of technology growing shorter geometrically; believes therefore that attempts should be made to bring the EU’s regulatory response into line with current social and commercial requirements so that it does not become pointless through lagging behind and obstruct the full unlocking of the potential of the EU Member States’ CCI;

| 57. | Emphasises the need to give thought to the optimum conditions for the development of this single market, with particular regard to taxation, for example, concerning deductions at source applicable to copyright income, by allowing the introduction of a reduced rate of VAT for on- or off-line cultural goods and services in order to promote their development; |
| --- | --- |

57.

Emphasises the need to give thought to the optimum conditions for the development of this single market, with particular regard to taxation, for example, concerning deductions at source applicable to copyright income, by allowing the introduction of a reduced rate of VAT for on- or off-line cultural goods and services in order to promote their development;

| 58. | Stresses that VAT rules and the lack of accessible payment methods for online sales also constitute an obstacle to the proper functioning of the internal market and need to be urgently addressed; |
| --- | --- |

58.

Stresses that VAT rules and the lack of accessible payment methods for online sales also constitute an obstacle to the proper functioning of the internal market and need to be urgently addressed;

| 59. | Calls on the Commission, therefore, to present, as soon as possible, concrete legislative proposals on how to tackle these issues in order to dismantle existing obstacles to the development of the internal market, in particular in the online environment, while respecting consumer demand and cultural diversity; |
| --- | --- |

59.

Calls on the Commission, therefore, to present, as soon as possible, concrete legislative proposals on how to tackle these issues in order to dismantle existing obstacles to the development of the internal market, in particular in the online environment, while respecting consumer demand and cultural diversity;

| 60. | Calls on the Commission to consider, with reference to the ‘Digital Agenda’ flagship initiative, the need to support the adjustment of European electronic publishing to the challenges posed by competition, by creating conditions favouring the interoperability of systems, transferability from one device to another and fair competition; |
| --- | --- |

60.

Calls on the Commission to consider, with reference to the ‘Digital Agenda’ flagship initiative, the need to support the adjustment of European electronic publishing to the challenges posed by competition, by creating conditions favouring the interoperability of systems, transferability from one device to another and fair competition;

Intellectual property rights

| 61. | Emphasises that IPR are a fundamental asset for creative companies and an incentive for individual creativity and investment in creation; calls, therefore, for schemes to help CCI adapt to the digital shift via new online services based on new forms of rights management promoting authors’ rights; calls, further, for a balanced regulatory framework governing the protection and enforcement of IPR; |
| --- | --- |

61.

Emphasises that IPR are a fundamental asset for creative companies and an incentive for individual creativity and investment in creation; calls, therefore, for schemes to help CCI adapt to the digital shift via new online services based on new forms of rights management promoting authors’ rights; calls, further, for a balanced regulatory framework governing the protection and enforcement of IPR;

| 62. | Emphasises the need for effective enforcement of IPR in both the offline and online environments, and stresses in that connection that all measures should be carefully evaluated in order to guarantee their efficiency, proportionality and compatibility with the Charter of Fundamental Rights of the European Union; |
| --- | --- |

62.

Emphasises the need for effective enforcement of IPR in both the offline and online environments, and stresses in that connection that all measures should be carefully evaluated in order to guarantee their efficiency, proportionality and compatibility with the Charter of Fundamental Rights of the European Union;

| 63. | Calls on the Commission to adapt copyright to the digital era allowing CCI to reap the benefits created by digital technology and media convergence and to consider specific ways of facilitating the use of creative content and archived material and easy, one-stop-shop systems for the clearance of rights; |
| --- | --- |

63.

Calls on the Commission to adapt copyright to the digital era allowing CCI to reap the benefits created by digital technology and media convergence and to consider specific ways of facilitating the use of creative content and archived material and easy, one-stop-shop systems for the clearance of rights;

| 64. | Stresses, in this context, the essential role of collecting societies for the development of European creativity and the digital economy; calls on the Commission, in the context of the ongoing drafting of a proposal for a directive on collective rights management, to establish an appropriate legal framework for collecting societies and the reaggregation of copyright repertoire; |
| --- | --- |

64.

Stresses, in this context, the essential role of collecting societies for the development of European creativity and the digital economy; calls on the Commission, in the context of the ongoing drafting of a proposal for a directive on collective rights management, to establish an appropriate legal framework for collecting societies and the reaggregation of copyright repertoire;

| 65. | Calls on the Commission to enable the viability of a pan-European licensing system that builds on the existing multi-territory individual and collective rights licensing models and facilitates the launch of services with a wide choice of content, hereby increasing legal access to online cultural content; |
| --- | --- |

65.

Calls on the Commission to enable the viability of a pan-European licensing system that builds on the existing multi-territory individual and collective rights licensing models and facilitates the launch of services with a wide choice of content, hereby increasing legal access to online cultural content;

| 66. | Calls on the Commission and Member States to promote the exchange of best practices on effective methods to raise public awareness regarding the impact of infringements of IPR; |
| --- | --- |

66.

Calls on the Commission and Member States to promote the exchange of best practices on effective methods to raise public awareness regarding the impact of infringements of IPR;

| 67. | Urges the Commission and Member States in association with stakeholders to organise a campaign to raise awareness at European, national and local level, especially among young European consumers, of the need to respect IPR; |
| --- | --- |

67.

Urges the Commission and Member States in association with stakeholders to organise a campaign to raise awareness at European, national and local level, especially among young European consumers, of the need to respect IPR;

| 68. | Calls on the Commission and the Member States to tackle abusive commercial practices and violations of IPR, of which CCI can be victims in both the real and digital economy; |
| --- | --- |

68.

Calls on the Commission and the Member States to tackle abusive commercial practices and violations of IPR, of which CCI can be victims in both the real and digital economy;

| 69. | Stresses the need finally to address the ‘book famine’ experienced by visually impaired and print-disabled people; reminds the Commission and Member States of their obligations under the UN Convention on the Rights of Persons with Disabilities to take all appropriate measures to ensure that people with disabilities enjoy access to cultural materials in accessible formats, and to ensure that laws protecting IPR do not constitute an unreasonable or discriminatory barrier to access by people with disabilities to cultural materials; |
| --- | --- |

69.

Stresses the need finally to address the ‘book famine’ experienced by visually impaired and print-disabled people; reminds the Commission and Member States of their obligations under the UN Convention on the Rights of Persons with Disabilities to take all appropriate measures to ensure that people with disabilities enjoy access to cultural materials in accessible formats, and to ensure that laws protecting IPR do not constitute an unreasonable or discriminatory barrier to access by people with disabilities to cultural materials;

| 70. | Calls on the Commission to work actively and positively within the World Intellectual Property Organisation (WIPO) to agree on a binding legal norm based on the treaty proposal drafted by the World Blind Union and tabled at WIPO in 2009; |
| --- | --- |

70.

Calls on the Commission to work actively and positively within the World Intellectual Property Organisation (WIPO) to agree on a binding legal norm based on the treaty proposal drafted by the World Blind Union and tabled at WIPO in 2009;

| 71. | Stresses the need to solve the issue of orphan works; welcomes the Commission’s stated intention to present proposals in this area; notes that the problem of orphan works and the ‘black hole of the 20th century’ is not limited to printed works such as books and magazines, but extends to all kinds of works, including photographs, music and audiovisual works; |
| --- | --- |

71.

Stresses the need to solve the issue of orphan works; welcomes the Commission’s stated intention to present proposals in this area; notes that the problem of orphan works and the ‘black hole of the 20th century’ is not limited to printed works such as books and magazines, but extends to all kinds of works, including photographs, music and audiovisual works;

| 72. | Calls on the Commission to encourage financial support for private-sector initiatives to create widely accessible rights and repertoire databases on musical, audiovisual and other repertoire; such databases would increase transparency and streamline procedures for rights clearance; |
| --- | --- |

72.

Calls on the Commission to encourage financial support for private-sector initiatives to create widely accessible rights and repertoire databases on musical, audiovisual and other repertoire; such databases would increase transparency and streamline procedures for rights clearance;

| 73. | Calls on the Commission to encourage the setting up of equitable, impartial and effective alternative dispute resolution for all stakeholders; |
| --- | --- |

73.

Calls on the Commission to encourage the setting up of equitable, impartial and effective alternative dispute resolution for all stakeholders;

| 74. | Takes the view that the Commission should take into account the specific problems encountered by SMEs when it comes to asserting their IPR in accordance with the principle of ‘Think Small First’ established by the Small Business Act for Europe, inter alia by applying the principle of non-discrimination for SMEs; |
| --- | --- |

74.

Takes the view that the Commission should take into account the specific problems encountered by SMEs when it comes to asserting their IPR in accordance with the principle of ‘Think Small First’ established by the Small Business Act for Europe, inter alia by applying the principle of non-discrimination for SMEs;

| 75. | Welcomes the Commission’s revision of the EU trademark system and encourages the Commission to see to it that the relevant steps are taken to ensure that trademarks can benefit from the same level of protection in both the online and offline environments; |
| --- | --- |

75.

Welcomes the Commission’s revision of the EU trademark system and encourages the Commission to see to it that the relevant steps are taken to ensure that trademarks can benefit from the same level of protection in both the online and offline environments;

Funding cultural and creative industries

| 76. | Recalls that all policies and measures to support and fund CCI must take into account the characteristics of each branch of the sector; |
| --- | --- |

76.

Recalls that all policies and measures to support and fund CCI must take into account the characteristics of each branch of the sector;

| 77. | Calls on the Commission to grant the CCI SME status in their own right in regard to all arrangements for access to credit, start-up support and employment protection, which should be suitably adapted to the specificities of the sector, with particular reference to low capitalisation, the brand as an asset, the high risk in the early stage, strong IT impact, irregular employment, and the need for centralised services; |
| --- | --- |

77.

Calls on the Commission to grant the CCI SME status in their own right in regard to all arrangements for access to credit, start-up support and employment protection, which should be suitably adapted to the specificities of the sector, with particular reference to low capitalisation, the brand as an asset, the high risk in the early stage, strong IT impact, irregular employment, and the need for centralised services;

| 78. | Calls on all the actors concerned to consider introducing new, innovative financial instruments, both at a European level and at national level, such as bank guarantee measures, repayable advances, risk-capital funds and incentives for the establishment of local partnerships, which take account of the needs of these industries and especially of the fact that creators’ only form of capital is, in many cases, non-material; |
| --- | --- |

78.

Calls on all the actors concerned to consider introducing new, innovative financial instruments, both at a European level and at national level, such as bank guarantee measures, repayable advances, risk-capital funds and incentives for the establishment of local partnerships, which take account of the needs of these industries and especially of the fact that creators’ only form of capital is, in many cases, non-material;

| 79. | Advocates the mobilisation of, and simplified application for, existing EU funds and programmes (such as the Microfinance Facility) for the development of small and micro-enterprises in the cultural and creative sector, with a view to optimising support for enterprises by facilitating access to information on funding options; |
| --- | --- |

79.

Advocates the mobilisation of, and simplified application for, existing EU funds and programmes (such as the Microfinance Facility) for the development of small and micro-enterprises in the cultural and creative sector, with a view to optimising support for enterprises by facilitating access to information on funding options;

| 80. | Proposes the introduction of short-term microfinancing to encourage experimentation and the development of innovative cultural and creative projects; |
| --- | --- |

80.

Proposes the introduction of short-term microfinancing to encourage experimentation and the development of innovative cultural and creative projects;

| 81. | Recommends that the Commission assess the relevance of the structural funds, as well as current and future programmes in the fields of culture, audiovisual media, youth provision and education, in terms of their potential to further the creative sector, and that it formulate conclusions and act on them with a view to an improved support policy; |
| --- | --- |

81.

Recommends that the Commission assess the relevance of the structural funds, as well as current and future programmes in the fields of culture, audiovisual media, youth provision and education, in terms of their potential to further the creative sector, and that it formulate conclusions and act on them with a view to an improved support policy;

| 82. | Recognises, further, the effectiveness of EU programmes such as the Programme for Innovation and Competitiveness in enabling SMEs to access financing, and suggests that the Commission should assess the possibility of devising similar specific programmes for CCI; |
| --- | --- |

82.

Recognises, further, the effectiveness of EU programmes such as the Programme for Innovation and Competitiveness in enabling SMEs to access financing, and suggests that the Commission should assess the possibility of devising similar specific programmes for CCI;

| 83. | Calls on the Commission to consider establishing a specific budget line under the ‘Digital Agenda’ flagship initiative to support the changeover to digital in European cinemas, in order to ensure that all EU citizens have access to content reflecting Europe’s different identities and make the whole of the European film sector more competitive; |
| --- | --- |

83.

Calls on the Commission to consider establishing a specific budget line under the ‘Digital Agenda’ flagship initiative to support the changeover to digital in European cinemas, in order to ensure that all EU citizens have access to content reflecting Europe’s different identities and make the whole of the European film sector more competitive;

| 84. | Underlines the importance of patronage and public-private partnerships in the financing and support of cultural and creative activities and calls for better access to credit for these sectors and for alternative formulas such as tax relief or tax incentives to be examined in order to encourage patronage by enterprises; |
| --- | --- |

84.

Underlines the importance of patronage and public-private partnerships in the financing and support of cultural and creative activities and calls for better access to credit for these sectors and for alternative formulas such as tax relief or tax incentives to be examined in order to encourage patronage by enterprises;

| 85. | Stresses the importance of professionals in the banking sector being trained to advise on financing cultural and creative projects so that there is better access to credit from financial institutions; |
| --- | --- |

85.

Stresses the importance of professionals in the banking sector being trained to advise on financing cultural and creative projects so that there is better access to credit from financial institutions;

| 86. | Stresses the importance of developing finance and business management consultation and advisory services to allow people working in the cultural and creative sector, and particularly SMEs and very small businesses, to understand the tools required for good business management in order to improve the creation, production, promotion and distribution of cultural goods and services; |
| --- | --- |

86.

Stresses the importance of developing finance and business management consultation and advisory services to allow people working in the cultural and creative sector, and particularly SMEs and very small businesses, to understand the tools required for good business management in order to improve the creation, production, promotion and distribution of cultural goods and services;

| 87. | Stresses the need to train professionals capable of ensuring the economic and financial viability of cultural and creative projects in order to improve access to credit when faced with financial and banking institutions that are generally unfamiliar with the specific characteristics of this sector; |
| --- | --- |

87.

Stresses the need to train professionals capable of ensuring the economic and financial viability of cultural and creative projects in order to improve access to credit when faced with financial and banking institutions that are generally unfamiliar with the specific characteristics of this sector;

| 88. | Calls on the Commission, in the context of the Digital Agenda, to assist SMEs active in CCI in their search for competitive and consumer-friendly innovative online business models based on co-financing and risk-sharing between CCI and intermediaries; |
| --- | --- |

88.

Calls on the Commission, in the context of the Digital Agenda, to assist SMEs active in CCI in their search for competitive and consumer-friendly innovative online business models based on co-financing and risk-sharing between CCI and intermediaries;

| 89. | Calls, therefore, on the Commission and the Member States to ensure that public procurement procedures do not entail unnecessary costs and red tape for SMEs; |
| --- | --- |

89.

Calls, therefore, on the Commission and the Member States to ensure that public procurement procedures do not entail unnecessary costs and red tape for SMEs;

| 90. | Calls on the Commission, in light of the launch in December 2011 of the eighth Research Framework Programme, to provide for funding to implement entrepreneurial projects and start-ups proposed by young people under the age of 35 in the CCI sector; |
| --- | --- |

90.

Calls on the Commission, in light of the launch in December 2011 of the eighth Research Framework Programme, to provide for funding to implement entrepreneurial projects and start-ups proposed by young people under the age of 35 in the CCI sector;

| 91. | Requests that priority funding be granted under the ENPI RIP 2011-2013 programme to CCI, with particular reference to the audiovisual sector and the production and distribution of audiovisual works in the Euro-Mediterranean region; |
| --- | --- |

91.

Requests that priority funding be granted under the ENPI RIP 2011-2013 programme to CCI, with particular reference to the audiovisual sector and the production and distribution of audiovisual works in the Euro-Mediterranean region;

| 92. | Suggests using the framework of the ECIA to provide a platform for access to information and advice on investment readiness and long-term business strategies, access to loans, guarantee funds and cross-border private investment, and calls for the possibility of establishing a Creative Industries Bank to be explored; |
| --- | --- |

92.

Suggests using the framework of the ECIA to provide a platform for access to information and advice on investment readiness and long-term business strategies, access to loans, guarantee funds and cross-border private investment, and calls for the possibility of establishing a Creative Industries Bank to be explored;

| 93. | Encourages the Member States and local and regional authorities to create favourable conditions for CCI to establish contact with the organisations likely to provide them with funding, and calls on those authorities to raise awareness among financial organisations of the specific situation of CCI in order to persuade them to invest in these industries, and more particularly in SMEs and very small businesses, on the basis of cultural projects with a strong economic potential; |
| --- | --- |

93.

Encourages the Member States and local and regional authorities to create favourable conditions for CCI to establish contact with the organisations likely to provide them with funding, and calls on those authorities to raise awareness among financial organisations of the specific situation of CCI in order to persuade them to invest in these industries, and more particularly in SMEs and very small businesses, on the basis of cultural projects with a strong economic potential;

| 94. | Encourages local, territorial and regional bodies to make the financial institutions more aware of the special features of CCI so they are motivated to invest in these industries and in particular the SMEs; |
| --- | --- |

94.

Encourages local, territorial and regional bodies to make the financial institutions more aware of the special features of CCI so they are motivated to invest in these industries and in particular the SMEs;

Local and regional cooperation

| 95. | Emphasises that the CCI contribute, in many cases, to the transformation of declining local economies by encouraging the emergence of new types of economic activity, creating new and sustainable jobs and making European regions and cities more attractive, thus serving the interests of social and territorial cohesion; |
| --- | --- |

95.

Emphasises that the CCI contribute, in many cases, to the transformation of declining local economies by encouraging the emergence of new types of economic activity, creating new and sustainable jobs and making European regions and cities more attractive, thus serving the interests of social and territorial cohesion;

| 96. | Underlines that culture has an important role to play in terms of the sustainable development of cross-border territories and is aware that CCI infrastructures and facilities can contribute to the achievement of territorial cohesion; believes that stimulating culture and creativity is an integral part of territorial cooperation that should be reinforced; |
| --- | --- |

96.

Underlines that culture has an important role to play in terms of the sustainable development of cross-border territories and is aware that CCI infrastructures and facilities can contribute to the achievement of territorial cohesion; believes that stimulating culture and creativity is an integral part of territorial cooperation that should be reinforced;

| 97. | Calls on all the bodies involved at local level to use the territorial cooperation programmes in order to use and transfer best practices for the development of the CCI sector; |
| --- | --- |

97.

Calls on all the bodies involved at local level to use the territorial cooperation programmes in order to use and transfer best practices for the development of the CCI sector;

| 98. | Recommends, on the one hand, that more intensive research be conducted into the interdependence of cultural provision and the location of cultural and creative businesses, as well as the EU-wide significance of culture as a factor in companies’ location decisions; and, on the other, that support be given to academic research into the impact which cultural and creative businesses have on the places where they locate; |
| --- | --- |

98.

Recommends, on the one hand, that more intensive research be conducted into the interdependence of cultural provision and the location of cultural and creative businesses, as well as the EU-wide significance of culture as a factor in companies’ location decisions; and, on the other, that support be given to academic research into the impact which cultural and creative businesses have on the places where they locate;

| 99. | Calls on the Commission and Member States to map available knowledge of the practices, needs and good experiences of cross-border and territorial cultural and creative cooperation, to acquire specific expertise on culture, creativity and cross-border territories (particularly in little-explored areas such as the link between culture, creativity and economy) and to elaborate cross-border strategies for the management of cultural heritage and resources; |
| --- | --- |

99.

Calls on the Commission and Member States to map available knowledge of the practices, needs and good experiences of cross-border and territorial cultural and creative cooperation, to acquire specific expertise on culture, creativity and cross-border territories (particularly in little-explored areas such as the link between culture, creativity and economy) and to elaborate cross-border strategies for the management of cultural heritage and resources;

| 100. | Calls on local and regional authorities to establish meeting places and set the basis for the creation of local networks in order to raise awareness in CCI among people working in the sector, through the sharing of expertise, experimentation, improving skills and training in new technologies, such as digital technologies, and among the general public through training, debates and other artistic and cultural events, and to develop creativity centres and incubators to allow creative young professionals and businesses to work in a network, promote innovation and enhance the visibility of the sector; |
| --- | --- |

100.

Calls on local and regional authorities to establish meeting places and set the basis for the creation of local networks in order to raise awareness in CCI among people working in the sector, through the sharing of expertise, experimentation, improving skills and training in new technologies, such as digital technologies, and among the general public through training, debates and other artistic and cultural events, and to develop creativity centres and incubators to allow creative young professionals and businesses to work in a network, promote innovation and enhance the visibility of the sector;

| 101. | Calls on local and regional authorities to join together in networks with a view to exchanging good practice and setting up cross-border and transnational pilot projects; |
| --- | --- |

101.

Calls on local and regional authorities to join together in networks with a view to exchanging good practice and setting up cross-border and transnational pilot projects;

| 102. | Emphasises that local and regional authorities can contribute significantly to better dissemination and circulation of cultural goods by organising, supporting and promoting cultural events; |
| --- | --- |

102.

Emphasises that local and regional authorities can contribute significantly to better dissemination and circulation of cultural goods by organising, supporting and promoting cultural events;

| 103. | Points out that cultural and creative infrastructures and facilities play an important role in the development of the physical environment of towns and cities, in creating an attractive environment for investment, and, in particular, the rehabilitation and revitalisation of old industrial districts, and that cultural heritage confers value added and adds individuality in the development and renewal of rural areas, especially through its contribution to rural tourism and to preventing the depopulation of these areas; |
| --- | --- |

103.

Points out that cultural and creative infrastructures and facilities play an important role in the development of the physical environment of towns and cities, in creating an attractive environment for investment, and, in particular, the rehabilitation and revitalisation of old industrial districts, and that cultural heritage confers value added and adds individuality in the development and renewal of rural areas, especially through its contribution to rural tourism and to preventing the depopulation of these areas;

| 104. | Considers it also to be a highly significant factor in the context of strategies for the rehabilitation of old industrial districts, as well as in policies to define the new sectoral spheres of tourism which are appearing and in the redefinition of traditional tourism; |
| --- | --- |

104.

Considers it also to be a highly significant factor in the context of strategies for the rehabilitation of old industrial districts, as well as in policies to define the new sectoral spheres of tourism which are appearing and in the redefinition of traditional tourism;

| 105. | Believes therefore that the establishment of CCI and the development of those which already exist must be supported by means of national, regional and local development strategies, in a partnership between public authorities representing different policy areas, SMEs and relevant civil society representatives; |
| --- | --- |

105.

Believes therefore that the establishment of CCI and the development of those which already exist must be supported by means of national, regional and local development strategies, in a partnership between public authorities representing different policy areas, SMEs and relevant civil society representatives;

| 106. | Encourages therefore the Member States and regions to create opportunities for such cooperation, to devise policies that combine infrastructure investment with investment in human capital, and to explore innovation voucher schemes to help cultural and creative SMEs and individuals acquire professional skills; |
| --- | --- |

106.

Encourages therefore the Member States and regions to create opportunities for such cooperation, to devise policies that combine infrastructure investment with investment in human capital, and to explore innovation voucher schemes to help cultural and creative SMEs and individuals acquire professional skills;

| 107. | Believes that the Commission could pay more attention to twinning arrangements between towns, municipalities and regions, which have for many years provided an excellent forum for cultural and creative cooperation and information exchange; calls on the Commission in cooperation with European associations of local and regional authorities to promote modern, high-quality twinning initiatives and exchanges that involve all parts of society; |
| --- | --- |

107.

Believes that the Commission could pay more attention to twinning arrangements between towns, municipalities and regions, which have for many years provided an excellent forum for cultural and creative cooperation and information exchange; calls on the Commission in cooperation with European associations of local and regional authorities to promote modern, high-quality twinning initiatives and exchanges that involve all parts of society;

| 108. | Suggests that an action programme devoted to cross-border cultural promotion and cooperation be established as part of the European Year of Volunteering; |
| --- | --- |

108.

Suggests that an action programme devoted to cross-border cultural promotion and cooperation be established as part of the European Year of Volunteering;

European Capital of Culture

| 109. | Emphasises the widespread recognition of the European Capital of Culture initiative as a ‘laboratory’ for urban development through culture; invites the Commission to promote this initiative and ensure the right conditions for the transfer of best practices, cultural cooperation and setting up networks for sharing experience on the opportunities of CCI in order to make use of the full potential of these sectors; |
| --- | --- |

109.

Emphasises the widespread recognition of the European Capital of Culture initiative as a ‘laboratory’ for urban development through culture; invites the Commission to promote this initiative and ensure the right conditions for the transfer of best practices, cultural cooperation and setting up networks for sharing experience on the opportunities of CCI in order to make use of the full potential of these sectors;

| 110. | Calls for the inclusion of a debate on the potential of CCI in the programme of events celebrating the European Capitals of Culture; |
| --- | --- |

110.

Calls for the inclusion of a debate on the potential of CCI in the programme of events celebrating the European Capitals of Culture;

Fashion and tourism

| 111. | Considers that fashion and cultural and sustainable tourism should be added to the sectors identified in the Green Paper as forming part of the CCI; points out that the two sectors are characterised by a high degree of creativity and an entrepreneurial spirit which has a significant impact on the economy and international competitiveness of the EU; |
| --- | --- |

111.

Considers that fashion and cultural and sustainable tourism should be added to the sectors identified in the Green Paper as forming part of the CCI; points out that the two sectors are characterised by a high degree of creativity and an entrepreneurial spirit which has a significant impact on the economy and international competitiveness of the EU;

| 112. | Highlights the considerable importance of tourism to the CCI and recommends that the Commission encourage cities and regions to make greater use of culture as a unique asset, to cooperate more closely with one another in the realm of cultural tourism, to develop forms of cooperation between the cultural sector and the tourism sector and to support both sectors in joint marketing efforts; |
| --- | --- |

112.

Highlights the considerable importance of tourism to the CCI and recommends that the Commission encourage cities and regions to make greater use of culture as a unique asset, to cooperate more closely with one another in the realm of cultural tourism, to develop forms of cooperation between the cultural sector and the tourism sector and to support both sectors in joint marketing efforts;

International relations and trade

| 113. | Highlights the importance of the above-mentioned Unesco Convention as an essential instrument to guarantee that the ‘cultural exception’ in international trade in goods and services of a cultural and creative nature is maintained within the international framework of the WTO; |
| --- | --- |

113.

Highlights the importance of the above-mentioned Unesco Convention as an essential instrument to guarantee that the ‘cultural exception’ in international trade in goods and services of a cultural and creative nature is maintained within the international framework of the WTO;

| 114. | Notes, as regards promotion of cultural exchange and diversity, that access to third-country markets is subject to many tariff and non-tariff barriers which, together with the insecurity of the distribution and exploitation networks, makes it difficult for European culture to have a genuine presence; |
| --- | --- |

114.

Notes, as regards promotion of cultural exchange and diversity, that access to third-country markets is subject to many tariff and non-tariff barriers which, together with the insecurity of the distribution and exploitation networks, makes it difficult for European culture to have a genuine presence;

| 115. | Stresses the great potential of CCI in international trade and assumes that its significance is being underestimated owing to the difficulty of gathering data; |
| --- | --- |

115.

Stresses the great potential of CCI in international trade and assumes that its significance is being underestimated owing to the difficulty of gathering data;

| 116. | Calls on the Commission, in view of the proliferation of bilateral trade agreements, to submit to Parliament a clear, overall strategy on the cultural cooperation protocols (CCP) annexed to those agreements, with a view to adapting the offer of European cooperation to the needs and specific characteristics of CCI in the partner countries, in accordance with the commitments undertaken in the WTO and the spirit and letter of the Unesco Convention; |
| --- | --- |

116.

Calls on the Commission, in view of the proliferation of bilateral trade agreements, to submit to Parliament a clear, overall strategy on the cultural cooperation protocols (CCP) annexed to those agreements, with a view to adapting the offer of European cooperation to the needs and specific characteristics of CCI in the partner countries, in accordance with the commitments undertaken in the WTO and the spirit and letter of the Unesco Convention;

| 117. | Calls on the Member States and the Commission to boost the export of cultural and creative products and services and strive to raise the profile of Europe’s CCI outside the EU; |
| --- | --- |

117.

Calls on the Member States and the Commission to boost the export of cultural and creative products and services and strive to raise the profile of Europe’s CCI outside the EU;

*

* *

| 118. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

118.

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

---

(1)  OJ L 201, 25.7.2006, p. 15.

(2)  OJ L 95, 15.4.2010, p. 1.

(3)  OJ L 372, 27.12.2006, p. 1.

(4)  OJ L 327, 24.11.2006, p. 12.

(5)  OJ C 81 E, 15.3.2011, p. 16.

(6)  OJ C 76 E, 25.3.2010, p. 16.

(7)  OJ C 247 E, 15.10.2009, p. 32.

(8)  OJ C 247 E, 15.10.2009, p. 25.

(9)  OJ C 125 E, 22.5.2008, p. 223.

(10)  http://ec.europa.eu/culture/our-policy-development/doc/CONS_NATIVE_CS_2009_08749_1_EN.pdf

(11)  OJ L 95, 15.4.2010, p. 1.

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| 7.12.2012 | EN | Official Journal of the European Union | CE 377/155 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/155

---

Thursday 12 May 2011Sarajevo as a European Capital of Culture in 2014

P7_TA(2011)0241

European Parliament resolution of 12 May 2011 on Sarajevo as a European Capital of Culture 2014

2012/C 377 E/20

The European Parliament,

| — | having regard to Article 167(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 167(3) of the Treaty on the Functioning of the European Union,

| — | having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (1), |
| --- | --- |

—

having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (1),

| — | having regard to the Memorandum of Understanding establishing the terms and conditions for full participation of Bosnia and Herzegovina in the Culture Programme 2007-2013 signed on 21 December 2010, |
| --- | --- |

—

having regard to the Memorandum of Understanding establishing the terms and conditions for full participation of Bosnia and Herzegovina in the Culture Programme 2007-2013 signed on 21 December 2010,

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

—

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

| A. | whereas a Community action entitled ‘European Capital of Culture’ has been established in order to highlight the richness and diversity of European cultures and the features they share, as well as to promote greater mutual understanding between Europeans, |
| --- | --- |

A.

whereas a Community action entitled ‘European Capital of Culture’ has been established in order to highlight the richness and diversity of European cultures and the features they share, as well as to promote greater mutual understanding between Europeans,

| B. | whereas the above-mentioned decision establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 currently applies only to the EU Member States, |
| --- | --- |

B.

whereas the above-mentioned decision establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 currently applies only to the EU Member States,

| C. | whereas on several occasions cities from third European countries have been given the opportunity to win the title of European Capital of Culture, |
| --- | --- |

C.

whereas on several occasions cities from third European countries have been given the opportunity to win the title of European Capital of Culture,

| D. | whereas Sarajevo has a special place in European history and culture and will commemorate several important anniversaries in 2014, |
| --- | --- |

D.

whereas Sarajevo has a special place in European history and culture and will commemorate several important anniversaries in 2014,

| E. | whereas the City Council of Sarajevo and local cultural operators have undertaken extensive preparations in their candidature for this title, |
| --- | --- |

E.

whereas the City Council of Sarajevo and local cultural operators have undertaken extensive preparations in their candidature for this title,

| 1. | Calls on the Council to award the title of European Capital of Culture exceptionally to Sarajevo in 2014; |
| --- | --- |

1.

Calls on the Council to award the title of European Capital of Culture exceptionally to Sarajevo in 2014;

| 2. | Believes that this would be an important step towards transcending past European divisions and showcasing the New Europe by awarding the title of European Capital of Culture to a city which was the site of such tragic events in the course of the 20th century; |
| --- | --- |

2.

Believes that this would be an important step towards transcending past European divisions and showcasing the New Europe by awarding the title of European Capital of Culture to a city which was the site of such tragic events in the course of the 20th century;

| 3. | Instructs its President to forward this resolution to the Council, the Commission, and the Committee of the Regions. |
| --- | --- |

3.

Instructs its President to forward this resolution to the Council, the Commission, and the Committee of the Regions.

---

(1)  OJ L 304, 3.11.2006, p. 1.

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| 7.12.2012 | EN | Official Journal of the European Union | CE 377/156 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/156

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Thursday 12 May 2011Sri Lanka: follow-up of the UN Report

P7_TA(2011)0242

European Parliament resolution of 12 May 2011 on the situation in Sri Lanka

2012/C 377 E/21

The European Parliament,

| — | having regard to the report of 31 March 2011 of the UN Secretary-General’s Panel of Experts on Accountability in Sri Lanka, |
| --- | --- |

—

having regard to the report of 31 March 2011 of the UN Secretary-General’s Panel of Experts on Accountability in Sri Lanka,

| — | having regard to the UN Secretary-General’s statement of 25 April 2011 on the public release of the panel of experts’ report on Sri Lanka, |
| --- | --- |

—

having regard to the UN Secretary-General’s statement of 25 April 2011 on the public release of the panel of experts’ report on Sri Lanka,

| — | having regard to the conventions to which Sri Lanka is a party, which require it to investigate alleged violations of international humanitarian and human rights law and prosecute those responsible, |
| --- | --- |

—

having regard to the conventions to which Sri Lanka is a party, which require it to investigate alleged violations of international humanitarian and human rights law and prosecute those responsible,

| — | having regard to the Declaration on the appointment of a UN Panel of Experts on Accountability Issues in Sri Lanka made on behalf of the European Union on 1 July 2010 by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), |
| --- | --- |

—

having regard to the Declaration on the appointment of a UN Panel of Experts on Accountability Issues in Sri Lanka made on behalf of the European Union on 1 July 2010 by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR),

| — | having regard to the Declaration made by the VP/HR on 10 May 2011 on the report of the UN Secretary-General’s Panel of Experts on Accountability in Sri Lanka, |
| --- | --- |

—

having regard to the Declaration made by the VP/HR on 10 May 2011 on the report of the UN Secretary-General’s Panel of Experts on Accountability in Sri Lanka,

| — | having regard to its resolutions of 5 February 2009 (1), 12 March 2009 (2) and 22 October 2009 (3) on Sri Lanka, |
| --- | --- |

—

having regard to its resolutions of 5 February 2009 (1), 12 March 2009 (2) and 22 October 2009 (3) on Sri Lanka,

| — | having regard to the Second Additional Protocol, relating to the Protection of Victims of Non-International Armed Conflicts, to the Fourth Geneva Convention, |
| --- | --- |

—

having regard to the Second Additional Protocol, relating to the Protection of Victims of Non-International Armed Conflicts, to the Fourth Geneva Convention,

| — | having regard to Rule 122(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 122(5) of its Rules of Procedure,

| A. | whereas in May 2009 the long-running conflict in Sri Lanka came to an end with the surrender of the Liberation Tigers of Tamil Eelam (LTTE) and the death of their leader; whereas the conflict ended with large numbers of Sri Lankans living as internally displaced persons, especially in the north of the country, |
| --- | --- |

A.

whereas in May 2009 the long-running conflict in Sri Lanka came to an end with the surrender of the Liberation Tigers of Tamil Eelam (LTTE) and the death of their leader; whereas the conflict ended with large numbers of Sri Lankans living as internally displaced persons, especially in the north of the country,

| B. | whereas in the final months of the conflict, intense fighting in civilian areas resulted in what are estimated to be thousands of civilian deaths and injuries, |
| --- | --- |

B.

whereas in the final months of the conflict, intense fighting in civilian areas resulted in what are estimated to be thousands of civilian deaths and injuries,

| C. | whereas on 23 May 2009, during a visit by Ban Ki-moon to Sri Lanka shortly after the end of the conflict, President Mahinda Rajapaksa and Ban Ki-moon issued a joint statement in which the UN Secretary-General underlined the importance of an accountability process and the Government of Sri Lanka agreed that it would take measures to address allegations of laws-of-war violations, |
| --- | --- |

C.

whereas on 23 May 2009, during a visit by Ban Ki-moon to Sri Lanka shortly after the end of the conflict, President Mahinda Rajapaksa and Ban Ki-moon issued a joint statement in which the UN Secretary-General underlined the importance of an accountability process and the Government of Sri Lanka agreed that it would take measures to address allegations of laws-of-war violations,

| D. | whereas on 15 May 2010 the Sri Lankan Government appointed an eight-member Lessons Learned and Reconciliation Commission (LLRC) to look into events in Sri Lanka between February 2002 and May 2009, with the aim of ensuring accountability, justice and reconciliation in the country, |
| --- | --- |

D.

whereas on 15 May 2010 the Sri Lankan Government appointed an eight-member Lessons Learned and Reconciliation Commission (LLRC) to look into events in Sri Lanka between February 2002 and May 2009, with the aim of ensuring accountability, justice and reconciliation in the country,

| E. | whereas on 22 June 2010 the UN Secretary-General announced the appointment of a panel of experts to advise him on the issue of accountability with regard to alleged violations of international humanitarian and human rights law during the final stages of the conflict in Sri Lanka, |
| --- | --- |

E.

whereas on 22 June 2010 the UN Secretary-General announced the appointment of a panel of experts to advise him on the issue of accountability with regard to alleged violations of international humanitarian and human rights law during the final stages of the conflict in Sri Lanka,

| F. | whereas the UN report, published on 25 April 2011, found to be credible allegations that both government forces and the LTTE conducted military operations ‘with flagrant disregard for the protection, rights, welfare and lives of civilians and failed to respect the norms of international law’, |
| --- | --- |

F.

whereas the UN report, published on 25 April 2011, found to be credible allegations that both government forces and the LTTE conducted military operations ‘with flagrant disregard for the protection, rights, welfare and lives of civilians and failed to respect the norms of international law’,

| G. | whereas the international community, in the final stages of the conflict, repeatedly called on the Government of Sri Lanka to allow international observers to enter the country in order to monitor the humanitarian situation of the civilian population affected by the fighting, |
| --- | --- |

G.

whereas the international community, in the final stages of the conflict, repeatedly called on the Government of Sri Lanka to allow international observers to enter the country in order to monitor the humanitarian situation of the civilian population affected by the fighting,

| H. | whereas the panel also concluded that ‘Sri Lanka’s efforts, nearly two years after the end of the war, fall dramatically short of international standards on accountability’, |
| --- | --- |

H.

whereas the panel also concluded that ‘Sri Lanka’s efforts, nearly two years after the end of the war, fall dramatically short of international standards on accountability’,

| 1. | Expresses its concern at the serious nature of the allegations in the UN report; stresses that those allegations, and the issue of accountability for them, must be properly addressed before lasting reconciliation can be achieved in Sri Lanka; |
| --- | --- |

1.

Expresses its concern at the serious nature of the allegations in the UN report; stresses that those allegations, and the issue of accountability for them, must be properly addressed before lasting reconciliation can be achieved in Sri Lanka;

| 2. | Acknowledges that the panel found to be ‘credible allegations which, if proven, indicate that a wide range of serious violations of international humanitarian law and international human rights law was committed both by the Government of Sri Lanka and the LTTE, some of which would amount to war crimes and crimes against humanity’; |
| --- | --- |

2.

Acknowledges that the panel found to be ‘credible allegations which, if proven, indicate that a wide range of serious violations of international humanitarian law and international human rights law was committed both by the Government of Sri Lanka and the LTTE, some of which would amount to war crimes and crimes against humanity’;

| 3. | Welcomes the initiative taken by the UN Secretary-General in appointing the panel of experts on accountability in Sri Lanka regarding alleged violations of international humanitarian and human rights law during the final stages of the armed conflict; |
| --- | --- |

3.

Welcomes the initiative taken by the UN Secretary-General in appointing the panel of experts on accountability in Sri Lanka regarding alleged violations of international humanitarian and human rights law during the final stages of the armed conflict;

| 4. | Applauds Ban Ki-moon’s decision to publish the report on 25 April 2011; |
| --- | --- |

4.

Applauds Ban Ki-moon’s decision to publish the report on 25 April 2011;

| 5. | Stresses that a commitment on human rights and accountability was a key point of the joint statement issued by the President of Sri Lanka and the UN Secretary-General on 23 May 2009; |
| --- | --- |

5.

Stresses that a commitment on human rights and accountability was a key point of the joint statement issued by the President of Sri Lanka and the UN Secretary-General on 23 May 2009;

| 6. | Welcomes the UN Secretary-General’s decision to respond positively to the panel’s recommendation for a review of the UN’s actions regarding the implementation of its humanitarian and protection mandates during the war in Sri Lanka, particularly in the final stages of the conflict; notes that the panel of experts has recommended that the UN Secretary-General should immediately proceed to establish an independent international mechanism, but that the latter has been advised that this will require host country consent or a decision by member states through an appropriate intergovernmental forum; |
| --- | --- |

6.

Welcomes the UN Secretary-General’s decision to respond positively to the panel’s recommendation for a review of the UN’s actions regarding the implementation of its humanitarian and protection mandates during the war in Sri Lanka, particularly in the final stages of the conflict; notes that the panel of experts has recommended that the UN Secretary-General should immediately proceed to establish an independent international mechanism, but that the latter has been advised that this will require host country consent or a decision by member states through an appropriate intergovernmental forum;

| 7. | Takes the view that, in the interests of justice and reconciliation in Sri Lanka, the allegations contained in the UN panel of experts’ report warrant a full, impartial and transparent investigation; encourages the Government of Sri Lanka to respond constructively to the recommendations made by the panel of experts; |
| --- | --- |

7.

Takes the view that, in the interests of justice and reconciliation in Sri Lanka, the allegations contained in the UN panel of experts’ report warrant a full, impartial and transparent investigation; encourages the Government of Sri Lanka to respond constructively to the recommendations made by the panel of experts;

| 8. | Is deeply concerned about the worrying lack of independence of the judiciary, which could play a complementary role to an independent investigation body; urges the Sri Lankan Government to ensure restorative and retributive justice; |
| --- | --- |

8.

Is deeply concerned about the worrying lack of independence of the judiciary, which could play a complementary role to an independent investigation body; urges the Sri Lankan Government to ensure restorative and retributive justice;

| 9. | Calls on the Government of Sri Lanka, in compliance with its international obligations and with a view to improving its domestic accountability process, to contribute to the efforts already being made for a comprehensive reconciliation; |
| --- | --- |

9.

Calls on the Government of Sri Lanka, in compliance with its international obligations and with a view to improving its domestic accountability process, to contribute to the efforts already being made for a comprehensive reconciliation;

| 10. | Recognises, in this respect, that the Sri Lankan Government has established a Lessons Learned and Reconciliation Commission (LLRC); urges the LLRC to take serious account of the UN report; notes that the LLRC is empowered to ask the Sri Lankan Attorney-General to institute criminal proceedings, based on its findings; |
| --- | --- |

10.

Recognises, in this respect, that the Sri Lankan Government has established a Lessons Learned and Reconciliation Commission (LLRC); urges the LLRC to take serious account of the UN report; notes that the LLRC is empowered to ask the Sri Lankan Attorney-General to institute criminal proceedings, based on its findings;

| 11. | Asks for accountability of both the LTTE and the Sri Lankan Government for alleged violations of international humanitarian and human rights law; |
| --- | --- |

11.

Asks for accountability of both the LTTE and the Sri Lankan Government for alleged violations of international humanitarian and human rights law;

| 12. | Urges the Sri Lankan Government to implement the panel’s recommendations, starting with the ‘immediate measures’, and immediately to commence genuine investigations into the violations of international humanitarian and human rights law allegedly committed by both sides involved in the armed conflict; |
| --- | --- |

12.

Urges the Sri Lankan Government to implement the panel’s recommendations, starting with the ‘immediate measures’, and immediately to commence genuine investigations into the violations of international humanitarian and human rights law allegedly committed by both sides involved in the armed conflict;

| 13. | Calls on the VP/HR, the Council and the Commission to support further efforts to strengthen the accountability process in Sri Lanka and to support the UN report; |
| --- | --- |

13.

Calls on the VP/HR, the Council and the Commission to support further efforts to strengthen the accountability process in Sri Lanka and to support the UN report;

| 14. | Urges the Government of Sri Lanka to be proactive in addressing the genuine political, economic and social concerns and interests of its Tamil citizens; urges the Sri Lankan Government accordingly to take active measures in terms of political devolution and to encourage Tamil recruitment to the government service and to the police and the armed forces, so that the Tamil peoples feel reassured and will recognise the defeat of the LTTE as a liberation and look forward to a bright and prosperous future, on equal terms with their Sinhalese fellow citizens; |
| --- | --- |

14.

Urges the Government of Sri Lanka to be proactive in addressing the genuine political, economic and social concerns and interests of its Tamil citizens; urges the Sri Lankan Government accordingly to take active measures in terms of political devolution and to encourage Tamil recruitment to the government service and to the police and the armed forces, so that the Tamil peoples feel reassured and will recognise the defeat of the LTTE as a liberation and look forward to a bright and prosperous future, on equal terms with their Sinhalese fellow citizens;

| 15. | Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Commission, the governments and parliaments of the Member States, the Secretary-General of the United Nations and the President, Government and Parliament of Sri Lanka. |
| --- | --- |

15.

Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Commission, the governments and parliaments of the Member States, the Secretary-General of the United Nations and the President, Government and Parliament of Sri Lanka.

---

(1)  OJ C 67 E, 18.3.2010, p. 141.

(2)  OJ C 87 E, 1.4.2010, p. 127.

(3)  OJ C 265 E, 30.9.2010, p. 29.

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| 7.12.2012 | EN | Official Journal of the European Union | CE 377/159 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/159

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Thursday 12 May 2011Azerbaijan

P7_TA(2011)0243

European Parliament resolution of 12 May 2011 on Azerbaijan

2012/C 377 E/22

The European Parliament,

| — | having regard to its previous resolutions on Azerbaijan, in particular that of 17 December 2009 (1), |
| --- | --- |

—

having regard to its previous resolutions on Azerbaijan, in particular that of 17 December 2009 (1),

| — | having regard to its resolutions of 20 May 2010 (2) on the need for an EU strategy for the South Caucasus, of 7 April 2011 (3) on the review of the European Neighbourhood Policy – Eastern Dimension and of 20 January 2011 (4) on an EU Strategy for the Black Sea, |
| --- | --- |

—

having regard to its resolutions of 20 May 2010 (2) on the need for an EU strategy for the South Caucasus, of 7 April 2011 (3) on the review of the European Neighbourhood Policy – Eastern Dimension and of 20 January 2011 (4) on an EU Strategy for the Black Sea,

| — | having regard to the statement by the spokesperson of the Commissioner for Enlargement and European Neighbourhood Policy of 18 April 2011 and the statement by the EU Delegation office in Baku of 10 March 2011, |
| --- | --- |

—

having regard to the statement by the spokesperson of the Commissioner for Enlargement and European Neighbourhood Policy of 18 April 2011 and the statement by the EU Delegation office in Baku of 10 March 2011,

| — | having regard to the conclusions of the Eastern Partnership Foreign Ministers’meeting of 13 December 2010, |
| --- | --- |

—

having regard to the conclusions of the Eastern Partnership Foreign Ministers’meeting of 13 December 2010,

| — | having regard to the Partnership and Cooperation Agreement between the EC and Azerbaijan which entered into force in 1 July 1999, |
| --- | --- |

—

having regard to the Partnership and Cooperation Agreement between the EC and Azerbaijan which entered into force in 1 July 1999,

| — | having regard to the statements of the OSCE Representative on Freedom of the Media on the attack on journalists of 10 March 2011 and of 28 March 2011, |
| --- | --- |

—

having regard to the statements of the OSCE Representative on Freedom of the Media on the attack on journalists of 10 March 2011 and of 28 March 2011,

| — | having regard to the report by the ODIHR Election Observation Mission on the parliamentary elections of 7 November 2010, |
| --- | --- |

—

having regard to the report by the ODIHR Election Observation Mission on the parliamentary elections of 7 November 2010,

| — | having regard to Rule 122(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 122(5) of its Rules of Procedure,

| A. | whereas Azerbaijan is actively participating in the European Neighbourhood Policy and the Eastern Partnership, is a founding member of Euronest and is committed to respecting democracy, human rights and the rule of law, which are core values of these initiatives, |
| --- | --- |

A.

whereas Azerbaijan is actively participating in the European Neighbourhood Policy and the Eastern Partnership, is a founding member of Euronest and is committed to respecting democracy, human rights and the rule of law, which are core values of these initiatives,

| B. | whereas since 15 July 2010 negotiations have been launched on an EU-Azerbaijan Association Agreement based on joint commitments to a set of shared values, covering a wide range of areas, including political dialogue, justice, freedom and security, as well as trade and cooperation in sectoral policies, |
| --- | --- |

B.

whereas since 15 July 2010 negotiations have been launched on an EU-Azerbaijan Association Agreement based on joint commitments to a set of shared values, covering a wide range of areas, including political dialogue, justice, freedom and security, as well as trade and cooperation in sectoral policies,

| C. | whereas although, according to the joint statement of the Election Observation Mission composed by the OSCE Parliamentary Assembly, the Parliamentary Assembly of the Council of Europe and the European Parliament, the 7 November 2010 parliamentary elections in the Republic of Azerbaijan were characterised by a peaceful atmosphere and all opposition parties participated in the political process, nonetheless the conduct of these elections overall was not sufficient to constitute meaningful progress in the democratic development of the country, |
| --- | --- |

C.

whereas although, according to the joint statement of the Election Observation Mission composed by the OSCE Parliamentary Assembly, the Parliamentary Assembly of the Council of Europe and the European Parliament, the 7 November 2010 parliamentary elections in the Republic of Azerbaijan were characterised by a peaceful atmosphere and all opposition parties participated in the political process, nonetheless the conduct of these elections overall was not sufficient to constitute meaningful progress in the democratic development of the country,

| D. | whereas a wide-ranging clampdown on freedom of expression and assembly is being carried out in Azerbaijan following the peaceful protests against the government on 11 March and 2 April 2011; whereas the clampdown includes arrests, harassment and intimidation of civil society activists, media professionals and opposition politicians in Azerbaijan, |
| --- | --- |

D.

whereas a wide-ranging clampdown on freedom of expression and assembly is being carried out in Azerbaijan following the peaceful protests against the government on 11 March and 2 April 2011; whereas the clampdown includes arrests, harassment and intimidation of civil society activists, media professionals and opposition politicians in Azerbaijan,

| E. | whereas the cases of the activists Jabbar Savalan and Bakhtiyar Hajiev are of particular concern; whereas Mr Savalan, a member of the youth group of the Azerbaijan Popular Front Party (APFP), and Mr Hajiyev, an activist and former parliamentary candidate, were apparently targeted for using Facebook to call for demonstrations against the government; whereas Mr Savalan was sentenced to two and a half years in prison for allegedly possessing drugs; whereas Mr Hajiev was arrested on 4 March after calling on Facebook for demonstrations against the government and now faces two years in jail for allegedly evading military service; whereas serious doubts exist as regards the fairness of the trials of Mr Savalan and Mr Hajiyev, |
| --- | --- |

E.

whereas the cases of the activists Jabbar Savalan and Bakhtiyar Hajiev are of particular concern; whereas Mr Savalan, a member of the youth group of the Azerbaijan Popular Front Party (APFP), and Mr Hajiyev, an activist and former parliamentary candidate, were apparently targeted for using Facebook to call for demonstrations against the government; whereas Mr Savalan was sentenced to two and a half years in prison for allegedly possessing drugs; whereas Mr Hajiev was arrested on 4 March after calling on Facebook for demonstrations against the government and now faces two years in jail for allegedly evading military service; whereas serious doubts exist as regards the fairness of the trials of Mr Savalan and Mr Hajiyev,

| F. | whereas in mid-March Azerbaijani courts sentenced at least 30 people who took part in those peaceful protests to between 5 and 8 days in prison in late-night trials that were closed to the public; whereas most defendants did not have access to counsel of their choosing; whereas the police refused to allow detainees to contact lawyers and whereas lawyers for some of the defendants did not know when or where the trials were being held, |
| --- | --- |

F.

whereas in mid-March Azerbaijani courts sentenced at least 30 people who took part in those peaceful protests to between 5 and 8 days in prison in late-night trials that were closed to the public; whereas most defendants did not have access to counsel of their choosing; whereas the police refused to allow detainees to contact lawyers and whereas lawyers for some of the defendants did not know when or where the trials were being held,

| G. | whereas around 200 activists were arrested on 2 April 2011, including the head of the Youth Organisation of the Musavat Party, Tural Abbasli, |
| --- | --- |

G.

whereas around 200 activists were arrested on 2 April 2011, including the head of the Youth Organisation of the Musavat Party, Tural Abbasli,

| H. | whereas the Human Rights House Azerbaijan, which is a member of the International Human Rights House Network, registered in Azerbaijan in May 2007, was closed down by the authorities following an order of the Ministry of Justice issued on 10 March 2011; whereas the Ministry justified the closure by reference to a breach by the organisation of the Azerbaijani Law on Non-Governmental Organisations, |
| --- | --- |

H.

whereas the Human Rights House Azerbaijan, which is a member of the International Human Rights House Network, registered in Azerbaijan in May 2007, was closed down by the authorities following an order of the Ministry of Justice issued on 10 March 2011; whereas the Ministry justified the closure by reference to a breach by the organisation of the Azerbaijani Law on Non-Governmental Organisations,

| I. | whereas the European Court of Human Rights ordered the Republic of Azerbaijan to release the jailed journalist Eynulla Fatullayev from prison and to pay him EUR 25 000 in moral damages, |
| --- | --- |

I.

whereas the European Court of Human Rights ordered the Republic of Azerbaijan to release the jailed journalist Eynulla Fatullayev from prison and to pay him EUR 25 000 in moral damages,

| J. | whereas Azerbaijan is a member of the Council of Europe and a party to the European Convention on Human Rights (ECHR) as well as a number of other international human rights treaties, including the International Covenant on Civil and Political Rights, |
| --- | --- |

J.

whereas Azerbaijan is a member of the Council of Europe and a party to the European Convention on Human Rights (ECHR) as well as a number of other international human rights treaties, including the International Covenant on Civil and Political Rights,

| 1. | Expresses its deep concern at the increasing number of incidents of harassment, attacks and violence against civil society and social network activists and journalists in Azerbaijan; |
| --- | --- |

1.

Expresses its deep concern at the increasing number of incidents of harassment, attacks and violence against civil society and social network activists and journalists in Azerbaijan;

| 2. | Strongly deplores the practice of intimidating, arresting, prosecuting and convicting independent journalists and political activists on various criminal charges; |
| --- | --- |

2.

Strongly deplores the practice of intimidating, arresting, prosecuting and convicting independent journalists and political activists on various criminal charges;

| 3. | Deplores the arrest of around 200 people prior to, and during, the anti-government protests of 2 April 2011 in Baku; calls on the Azerbaijani authorities to allow peaceful protest as well as freedom of assembly, which are central tenets of an open and democratic society; deplores the physical violence used against protesters; |
| --- | --- |

3.

Deplores the arrest of around 200 people prior to, and during, the anti-government protests of 2 April 2011 in Baku; calls on the Azerbaijani authorities to allow peaceful protest as well as freedom of assembly, which are central tenets of an open and democratic society; deplores the physical violence used against protesters;

| 4. | Calls on the Azerbaijani authorities to release all members of the opposition, youth activists and bloggers remaining in custody after the peaceful demonstrations of 11 March and 2 and 17 April 2011, to release Mr Savalan and Mr Hajiyev and to drop the charges against them; calls on the Government of Azerbaijan to respect the international conventions that it has ratified by respecting freedom of expression; |
| --- | --- |

4.

Calls on the Azerbaijani authorities to release all members of the opposition, youth activists and bloggers remaining in custody after the peaceful demonstrations of 11 March and 2 and 17 April 2011, to release Mr Savalan and Mr Hajiyev and to drop the charges against them; calls on the Government of Azerbaijan to respect the international conventions that it has ratified by respecting freedom of expression;

| 5. | Urges the authorities to safeguard all necessary conditions to allow the media, including opposition media, to operate, so that journalists can work and report freely without any pressure, and to pay special attention to the safety of journalists; in this regard recalls the pledge given by President Ilham Aliyev in 2005, in which he asserted that the rights of every journalist were protected and defended by the State; |
| --- | --- |

5.

Urges the authorities to safeguard all necessary conditions to allow the media, including opposition media, to operate, so that journalists can work and report freely without any pressure, and to pay special attention to the safety of journalists; in this regard recalls the pledge given by President Ilham Aliyev in 2005, in which he asserted that the rights of every journalist were protected and defended by the State;

| 6. | Expresses its concern at reports of threats in prison against newspaper editor Eynulla Fatullayev, the deterioration in his health which has been exacerbated and denial of access to medical care, and calls for his immediate release; |
| --- | --- |

6.

Expresses its concern at reports of threats in prison against newspaper editor Eynulla Fatullayev, the deterioration in his health which has been exacerbated and denial of access to medical care, and calls for his immediate release;

| 7. | Is worried about the worsening human rights situation in the Republic of Azerbaijan; calls on the Azerbaijani authorities to safeguard the fundamental freedoms guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms and other international treaties to which the Republic of Azerbaijan is a party and to respect OSCE and Council of Europe commitments; |
| --- | --- |

7.

Is worried about the worsening human rights situation in the Republic of Azerbaijan; calls on the Azerbaijani authorities to safeguard the fundamental freedoms guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms and other international treaties to which the Republic of Azerbaijan is a party and to respect OSCE and Council of Europe commitments;

| 8. | Deplores recent written “termination of activity” warnings sent from the Azerbaijani Justice Ministry to the National Democratic Institute and the Human Rights House Network and urges, in this respect, the Azerbaijani authorities to allow the latter organisation to continue its activities in the country without any further hindrance; |
| --- | --- |

8.

Deplores recent written “termination of activity” warnings sent from the Azerbaijani Justice Ministry to the National Democratic Institute and the Human Rights House Network and urges, in this respect, the Azerbaijani authorities to allow the latter organisation to continue its activities in the country without any further hindrance;

| 9. | Calls on the Azerbaijani authorities to maintain a dialogue with members of civil-society organisations and to take all steps to allow individuals to freely engage in peaceful, democratic activities and to allow activists to organise freely and without government interference; |
| --- | --- |

9.

Calls on the Azerbaijani authorities to maintain a dialogue with members of civil-society organisations and to take all steps to allow individuals to freely engage in peaceful, democratic activities and to allow activists to organise freely and without government interference;

| 10. | Encourages the Azerbaijani authorities to allow peaceful demonstrations to take place in relevant locations and urges them to refrain from intimidating the organisers by detaining them and charging them with criminal and other offences; regrets that some youth activists have been expelled from Baku State University after missing examinations while in police custody linked to their political activities; |
| --- | --- |

10.

Encourages the Azerbaijani authorities to allow peaceful demonstrations to take place in relevant locations and urges them to refrain from intimidating the organisers by detaining them and charging them with criminal and other offences; regrets that some youth activists have been expelled from Baku State University after missing examinations while in police custody linked to their political activities;

| 11. | Welcomes the recent release from jail of the two bloggers Adnan Hajizade and Emin Abdullayev (Milli); |
| --- | --- |

11.

Welcomes the recent release from jail of the two bloggers Adnan Hajizade and Emin Abdullayev (Milli);

| 12. | Considers access to information and communication technologies, including free and uncensored access to the internet, essential for the development of democracy and the rule of law and as a means of promoting exchanges and communication between the Azerbaijanis and the EU; |
| --- | --- |

12.

Considers access to information and communication technologies, including free and uncensored access to the internet, essential for the development of democracy and the rule of law and as a means of promoting exchanges and communication between the Azerbaijanis and the EU;

| 13. | Calls on the Azerbaijani authorities to address shortcomings identified by the OSCE/ODIHR final report on the parliamentary elections and expects further cooperation with the Venice Commission to ensure that Azerbaijan’s electoral legislation is fully in line with international norms and standards; |
| --- | --- |

13.

Calls on the Azerbaijani authorities to address shortcomings identified by the OSCE/ODIHR final report on the parliamentary elections and expects further cooperation with the Venice Commission to ensure that Azerbaijan’s electoral legislation is fully in line with international norms and standards;

| 14. | Calls for renewed efforts by Azerbaijan to implement in full during its final year the ENP Action Plan and on the Commission to continue to assist Azerbaijan in such efforts; |
| --- | --- |

14.

Calls for renewed efforts by Azerbaijan to implement in full during its final year the ENP Action Plan and on the Commission to continue to assist Azerbaijan in such efforts;

| 15. | Welcomes the establishment of the new subcommittees of the EU-Azerbaijan Cooperation Committee, which will strengthen the institutional framework for discussions in the field of justice, freedom and security and on respect for human rights and democracy; |
| --- | --- |

15.

Welcomes the establishment of the new subcommittees of the EU-Azerbaijan Cooperation Committee, which will strengthen the institutional framework for discussions in the field of justice, freedom and security and on respect for human rights and democracy;

| 16. | Welcomes the Azerbaijani contribution to the Eastern Partnership and the participation of the delegation from the Milli Majlis in the inaugural session of the Euronest Parliamentary Assembly; |
| --- | --- |

16.

Welcomes the Azerbaijani contribution to the Eastern Partnership and the participation of the delegation from the Milli Majlis in the inaugural session of the Euronest Parliamentary Assembly;

| 17. | Instructs its President to forward this resolution to the High Representative / Vice-President of the Commission, the Council, the Commission, the President, Government and Parliament of Azerbaijan and the OSCE/ODIHR. |
| --- | --- |

17.

Instructs its President to forward this resolution to the High Representative / Vice-President of the Commission, the Council, the Commission, the President, Government and Parliament of Azerbaijan and the OSCE/ODIHR.

---

(1)  OJ C 286 E, 22.10.2010, p. 27.

(2)  Texts adopted, P7_TA(2010)0193.

(3)  Texts adopted, P7_TA(2011)0153.

(4)  Texts adopted, P7_TA(2011)0025.

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/162 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/162

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Thursday 12 May 2011Belarus

P7_TA(2011)0244

European Parliament resolution of 12 May 2011 on Belarus

2012/C 377 E/23

The European Parliament,

| — | having regard to its previous resolutions on Belarus, in particular those of 10 March 2011 (1), 20 January 2011 (2) and 17 December 2009 (3), |
| --- | --- |

—

having regard to its previous resolutions on Belarus, in particular those of 10 March 2011 (1), 20 January 2011 (2) and 17 December 2009 (3),

| — | having regard to the statement issued by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, Catherine Ashton, on 18 February 2011 on the conviction and sentencing of a Belarusian opposition representative, and to the statement issued by her spokesperson on 10 April 2011 on the crackdown on the independent media in Belarus, |
| --- | --- |

—

having regard to the statement issued by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, Catherine Ashton, on 18 February 2011 on the conviction and sentencing of a Belarusian opposition representative, and to the statement issued by her spokesperson on 10 April 2011 on the crackdown on the independent media in Belarus,

| — | having regard to Council Decision 2011/69/CFSP of 31 January 2011 amending Council Decision 2010/639/CFSP concerning restrictive measures against certain officials of Belarus, |
| --- | --- |

—

having regard to Council Decision 2011/69/CFSP of 31 January 2011 amending Council Decision 2010/639/CFSP concerning restrictive measures against certain officials of Belarus,

| — | having regard to the final report on the presidential election in Belarus published by the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) and the OSCE Parliamentary Assembly (OSCE PA) on 22 February 2011, |
| --- | --- |

—

having regard to the final report on the presidential election in Belarus published by the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) and the OSCE Parliamentary Assembly (OSCE PA) on 22 February 2011,

| — | having regard to Rule 122(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 122(5) of its Rules of Procedure,

| A. | whereas the presidential candidates Ales Mikhalevich, Uladzimir Nyaklyaeu, Vital Rymasheuski, Andrey Sannikau, Mikalay Statkevich and Dimitrji Uss and their campaign managers, in particular Pavel Seviarynets, Vladimir Kobets and Sergey Martselev, are currently facing trials which may result in sentences of up to 15 years’ imprisonment, |
| --- | --- |

A.

whereas the presidential candidates Ales Mikhalevich, Uladzimir Nyaklyaeu, Vital Rymasheuski, Andrey Sannikau, Mikalay Statkevich and Dimitrji Uss and their campaign managers, in particular Pavel Seviarynets, Vladimir Kobets and Sergey Martselev, are currently facing trials which may result in sentences of up to 15 years’ imprisonment,

| B. | whereas a number of opposition activists, including Anatol Lyabedzka, leader of the opposition United Civic Party (AHP), former presidential candidates Vital Rymasheuski and Ales Mikhalevich, on-line news portal editor-in-chief Natalya Radzina, Andrey Dzmitryeu, the campaign manager for opposition presidential candidate Uladzimer Nyaklyaeu, and ‘Tell the Truth!’ campaign activist Syarhey Vaznyak have been released from the KGB pre-trial detention centre and placed under house arrest whilst the investigation against them continues; whereas Ales Mikhalevich and Natalya Radzina have fled the country to avoid trial, while Dzmitry Bandarenka, a backer of Andrey Sannikau in a former presidential electoral campaign, has been sent to general regime penal colony for two years, |
| --- | --- |

B.

whereas a number of opposition activists, including Anatol Lyabedzka, leader of the opposition United Civic Party (AHP), former presidential candidates Vital Rymasheuski and Ales Mikhalevich, on-line news portal editor-in-chief Natalya Radzina, Andrey Dzmitryeu, the campaign manager for opposition presidential candidate Uladzimer Nyaklyaeu, and ‘Tell the Truth!’ campaign activist Syarhey Vaznyak have been released from the KGB pre-trial detention centre and placed under house arrest whilst the investigation against them continues; whereas Ales Mikhalevich and Natalya Radzina have fled the country to avoid trial, while Dzmitry Bandarenka, a backer of Andrey Sannikau in a former presidential electoral campaign, has been sent to general regime penal colony for two years,

| C. | whereas Aliaksandr Atroshchankau, Aliaksandr Malchanau, Dzmitry Novik and Vasil Parfiankou, members of the electoral campaign teams of democratic opposition candidates Uladzimir Niakliayeu and Andrei Sannikau, Mikita Likhavid, a member of the ‘For Freedom’ movement, ‘Young Front’ activists Ales Kirkevich, Zmister Dashkevich and Eduard Lobau, Paval Vinahradau, an activist of the ‘Speak the Truth’ campaign, non-partisan activist Andrei Pratasienya, historian Dzmitry Drozd, protest participant Uladzemir Khamichenka and Dzmitry Bandarenka, a coordinator of the civil campaign ‘European Belarus’, have been sentenced to between one and four years’ imprisonment in connection with the demonstrations of 19 December 2010, |
| --- | --- |

C.

whereas Aliaksandr Atroshchankau, Aliaksandr Malchanau, Dzmitry Novik and Vasil Parfiankou, members of the electoral campaign teams of democratic opposition candidates Uladzimir Niakliayeu and Andrei Sannikau, Mikita Likhavid, a member of the ‘For Freedom’ movement, ‘Young Front’ activists Ales Kirkevich, Zmister Dashkevich and Eduard Lobau, Paval Vinahradau, an activist of the ‘Speak the Truth’ campaign, non-partisan activist Andrei Pratasienya, historian Dzmitry Drozd, protest participant Uladzemir Khamichenka and Dzmitry Bandarenka, a coordinator of the civil campaign ‘European Belarus’, have been sentenced to between one and four years’ imprisonment in connection with the demonstrations of 19 December 2010,

| D. | whereas there is evidence that the police are torturing people to force them to admit their alleged crimes against the state, as demonstrated by the cases of Olga Klasowska and Ales Mikhalevic, |
| --- | --- |

D.

whereas there is evidence that the police are torturing people to force them to admit their alleged crimes against the state, as demonstrated by the cases of Olga Klasowska and Ales Mikhalevic,

| E. | whereas on 25 April 2011 the Belarus Ministry of Information filed applications with the Supreme Economic Court seeking the closure of the independent newspapers Narodnaya Volia and Nasha Niva, |
| --- | --- |

E.

whereas on 25 April 2011 the Belarus Ministry of Information filed applications with the Supreme Economic Court seeking the closure of the independent newspapers Narodnaya Volia and Nasha Niva,

| F. | whereas Andrzej Poczobut, a journalist with the Belsat television channel and Gazeta Wyborcza newspaper, has been arrested and is facing up to two years’ imprisonment on the charge of ‘insulting the President’ following the articles he published recently; whereas Mr Poczobut is recognised by Amnesty International as a prisoner of conscience; whereas journalist Iryna Khalip, the wife of Andrey Sannikau, has also been arrested and faces charges in connection with the protests; whereas she is currently under house arrest and has been banned from communicating with her husband, |
| --- | --- |

F.

whereas Andrzej Poczobut, a journalist with the Belsat television channel and Gazeta Wyborcza newspaper, has been arrested and is facing up to two years’ imprisonment on the charge of ‘insulting the President’ following the articles he published recently; whereas Mr Poczobut is recognised by Amnesty International as a prisoner of conscience; whereas journalist Iryna Khalip, the wife of Andrey Sannikau, has also been arrested and faces charges in connection with the protests; whereas she is currently under house arrest and has been banned from communicating with her husband,

| G. | whereas repressive measures against members of the democratic opposition, the free media, civil society activists and human rights defenders have been stepped up even further, despite repeated calls from the international community to halt them immediately; whereas this situation constitutes a serious breach of numerous international commitments given by Belarus, |
| --- | --- |

G.

whereas repressive measures against members of the democratic opposition, the free media, civil society activists and human rights defenders have been stepped up even further, despite repeated calls from the international community to halt them immediately; whereas this situation constitutes a serious breach of numerous international commitments given by Belarus,

| 1. | Strongly condemns all convictions on the basis of the criminal charge of ‘mass rioting’ and finds them arbitrary and politically motivated; emphasises that according to reports the authorities have failed to prove the guilt of the accused, that the trials were held behind closed doors, that detainees were denied the opportunity to call their witnesses and to meet discreetly and on a regular basis with their legal representatives, that the lawyers of the accused received several warnings from the Ministry of Justice and that some of them have been disbarred; declares, therefore, that the trials were not conducted in an impartial manner; |
| --- | --- |

1.

Strongly condemns all convictions on the basis of the criminal charge of ‘mass rioting’ and finds them arbitrary and politically motivated; emphasises that according to reports the authorities have failed to prove the guilt of the accused, that the trials were held behind closed doors, that detainees were denied the opportunity to call their witnesses and to meet discreetly and on a regular basis with their legal representatives, that the lawyers of the accused received several warnings from the Ministry of Justice and that some of them have been disbarred; declares, therefore, that the trials were not conducted in an impartial manner;

| 2. | Considers all charges against the presidential candidates Vladimir Neklyayev, Vitaly Rymashevsky, Nikolai Statkevich, Dmitry Uss and Andrei Sannikov to be illegal and inadmissible; calls for the candidates to be acquitted and spared any further persecution; in that connection, condemns the lack of respect for the fundamental rights of freedom of assembly and of expression shown by the Belarusian authorities, and calls for the immediate and unconditional release of all protestors still in custody and for all charges against them to be dropped; |
| --- | --- |

2.

Considers all charges against the presidential candidates Vladimir Neklyayev, Vitaly Rymashevsky, Nikolai Statkevich, Dmitry Uss and Andrei Sannikov to be illegal and inadmissible; calls for the candidates to be acquitted and spared any further persecution; in that connection, condemns the lack of respect for the fundamental rights of freedom of assembly and of expression shown by the Belarusian authorities, and calls for the immediate and unconditional release of all protestors still in custody and for all charges against them to be dropped;

| 3. | Expresses its deep concern at the deteriorating situation of human rights defenders in Belarus; strongly condemns the recent defamatory allegations against, for example, Ales Bialiatski, President of the Human Rights Centre ‘Viasna’, made by the Belarusian President and several journalists in the state-owned media, who claimed, in their comments concerning the bomb attack on the Minsk subway, that ‘there [was] a fifth column in the country’; |
| --- | --- |

3.

Expresses its deep concern at the deteriorating situation of human rights defenders in Belarus; strongly condemns the recent defamatory allegations against, for example, Ales Bialiatski, President of the Human Rights Centre ‘Viasna’, made by the Belarusian President and several journalists in the state-owned media, who claimed, in their comments concerning the bomb attack on the Minsk subway, that ‘there [was] a fifth column in the country’;

| 4. | Condemns the persisting climate of fear and intimidation of political opponents in Belarus and the ongoing persecution of opposition figures since the December 2010 presidential elections; |
| --- | --- |

4.

Condemns the persisting climate of fear and intimidation of political opponents in Belarus and the ongoing persecution of opposition figures since the December 2010 presidential elections;

| 5. | Urges the Belarusian authorities to remove the obstacles to the freedom of movement of the Ukrainian citizens Marina Tsapok and Maxim Kitsyuk and the Russian citizen Andrey Yurov, representatives of the Committee on International Control over the Human Rights Situation in Belarus, who were denied entry to the territory of Belarus, and to that of Alik Mnatsnakyan and Viktoria Gromova, Russian human rights defenders who were detained on 4 May 2011 in the office of the Human Rights Centre ‘Viasna’ and shortly after deported from Belarus and banned from re-entering the country for two years; in that connection, condemns all actions against human rights defenders carried out by the Belarusian authorities; |
| --- | --- |

5.

Urges the Belarusian authorities to remove the obstacles to the freedom of movement of the Ukrainian citizens Marina Tsapok and Maxim Kitsyuk and the Russian citizen Andrey Yurov, representatives of the Committee on International Control over the Human Rights Situation in Belarus, who were denied entry to the territory of Belarus, and to that of Alik Mnatsnakyan and Viktoria Gromova, Russian human rights defenders who were detained on 4 May 2011 in the office of the Human Rights Centre ‘Viasna’ and shortly after deported from Belarus and banned from re-entering the country for two years; in that connection, condemns all actions against human rights defenders carried out by the Belarusian authorities;

| 6. | Condemns the systematic harassment and intimidation of and the mounting pressure on independent journalists and media outlets in Belarus; in that connection, urges the Belarusian authorities to halt the procedure to close down the Narodnaya Volia and Nasha Niva weeklies, to refrain from limiting access to two independent internet portals, Karta '97 and Bielorusskij Partizan, which would result in the severe limitation of media pluralism in Belarus, and to release Andrzej Poczobut and drop all charges against him; |
| --- | --- |

6.

Condemns the systematic harassment and intimidation of and the mounting pressure on independent journalists and media outlets in Belarus; in that connection, urges the Belarusian authorities to halt the procedure to close down the Narodnaya Volia and Nasha Niva weeklies, to refrain from limiting access to two independent internet portals, Karta '97 and Bielorusskij Partizan, which would result in the severe limitation of media pluralism in Belarus, and to release Andrzej Poczobut and drop all charges against him;

| 7. | Condemns the lack of any independent investigation into the use of brutal force by the police and KGB services against the protesters on election day, particularly as Belarus has rejected a call by 14 EU Member States for a human rights fact-finding mission under the auspices of the OSCE to investigate the massive crackdown on the opposition in the aftermath of the December 2010 elections; welcomes the interim report by Dr Neil Jarman, Special Rapporteur of the Committee on International Control over the Human Rights Situation in Belarus, and is appalled at the fact that human rights defenders from various OSCE countries have again been detained in Minsk; |
| --- | --- |

7.

Condemns the lack of any independent investigation into the use of brutal force by the police and KGB services against the protesters on election day, particularly as Belarus has rejected a call by 14 EU Member States for a human rights fact-finding mission under the auspices of the OSCE to investigate the massive crackdown on the opposition in the aftermath of the December 2010 elections; welcomes the interim report by Dr Neil Jarman, Special Rapporteur of the Committee on International Control over the Human Rights Situation in Belarus, and is appalled at the fact that human rights defenders from various OSCE countries have again been detained in Minsk;

| 8. | Calls on the Commission, the Council, the High Representative and other EU partner countries to extend the restrictive measures against the Belarusian regime, including by imposing targeted economic sanctions, in particular against state-owned enterprises; |
| --- | --- |

8.

Calls on the Commission, the Council, the High Representative and other EU partner countries to extend the restrictive measures against the Belarusian regime, including by imposing targeted economic sanctions, in particular against state-owned enterprises;

| 9. | Emphasises that, in the light of the continuous, unprecedented repression of the opposition, the EU needs to find new ways to assist Belarusian civil society in facilitating awareness-raising among the public, preventing the total fragmentation of the political opposition and sustaining a political alternative to the Lukashenka regime; calls for EU assistance to democratic opposition parties, civil society organisations and independent media outlets to be maintained and stepped up, for example via the European Instrument for Democracy and Human Rights; |
| --- | --- |

9.

Emphasises that, in the light of the continuous, unprecedented repression of the opposition, the EU needs to find new ways to assist Belarusian civil society in facilitating awareness-raising among the public, preventing the total fragmentation of the political opposition and sustaining a political alternative to the Lukashenka regime; calls for EU assistance to democratic opposition parties, civil society organisations and independent media outlets to be maintained and stepped up, for example via the European Instrument for Democracy and Human Rights;

| 10. | Stresses that potential EU engagement with Belarus will be subject to strict conditionality and contingent on a commitment by Belarus to respect human rights and the rule of law, as stated in the Joint Declaration of the Prague Eastern Partnership Summit of 7 May 2009, co-signed by the Belarusian Government; |
| --- | --- |

10.

Stresses that potential EU engagement with Belarus will be subject to strict conditionality and contingent on a commitment by Belarus to respect human rights and the rule of law, as stated in the Joint Declaration of the Prague Eastern Partnership Summit of 7 May 2009, co-signed by the Belarusian Government;

| 11. | Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and the parliaments of the Member States, the Parliamentary Assemblies of the OSCE and the Council of Europe and the Government and Parliament of Belarus. |
| --- | --- |

11.

Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and the parliaments of the Member States, the Parliamentary Assemblies of the OSCE and the Council of Europe and the Government and Parliament of Belarus.

---

(1)  Texts adopted, P7_TA(2011)0099.

(2)  Texts adopted, P7_TA(2011)0022.

(3)  OJ C 286 E, 22.10.2010, p. 16.

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| 7.12.2012 | EN | Official Journal of the European Union | CE 377/164 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/164

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Thursday 12 May 2011Cleanup in Europe and Let’s do it World 2012

P7_TA(2011)0245

Declaration of the European Parliament of 12 May 2011 on Cleanup in Europe and Let’s do it World 2012

2012/C 377 E/24

The European Parliament,

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

—

having regard to Rule 123 of its Rules of Procedure,

| A. | whereas implementation and enforcement of EU waste legislation is poor, |
| --- | --- |

A.

whereas implementation and enforcement of EU waste legislation is poor,

| B. | whereas the lack of social responsibility and awareness of environmental issues continues to be a problem in many Member States, |
| --- | --- |

B.

whereas the lack of social responsibility and awareness of environmental issues continues to be a problem in many Member States,

| C. | whereas national civilian grass-root initiatives in the framework of the ‘Let’s do it!’ action movement have taken place and have led to huge participation by citizens in Estonia, Latvia, Lithuania, Portugal, Slovenia and Romania since 2008 and these initiatives have produced concrete results such as mapping and cleaning up illegal waste littering, |
| --- | --- |

C.

whereas national civilian grass-root initiatives in the framework of the ‘Let’s do it!’ action movement have taken place and have led to huge participation by citizens in Estonia, Latvia, Lithuania, Portugal, Slovenia and Romania since 2008 and these initiatives have produced concrete results such as mapping and cleaning up illegal waste littering,

| 1. | Considers that ‘Let’s do it world!’ is a voluntary action movement inviting all the countries of Europe to join together for the biggest clean-up action ever in their country on one day in 2012; |
| --- | --- |

1.

Considers that ‘Let’s do it world!’ is a voluntary action movement inviting all the countries of Europe to join together for the biggest clean-up action ever in their country on one day in 2012;

| 2. | Invites politicians to actively promote initiatives and citizens to join the action; |
| --- | --- |

2.

Invites politicians to actively promote initiatives and citizens to join the action;

| 3. | Considers that this effective instrument should be widely promoted in order to raise awareness and responsibility for waste management aiming at the highest possible recycling rate; |
| --- | --- |

3.

Considers that this effective instrument should be widely promoted in order to raise awareness and responsibility for waste management aiming at the highest possible recycling rate;

| 4. | Calls on the Commission to support this initiative by all available means and also to launch a website publishing existing data on national waste registers and maps showing the location of illegal dump sites; |
| --- | --- |

4.

Calls on the Commission to support this initiative by all available means and also to launch a website publishing existing data on national waste registers and maps showing the location of illegal dump sites;

| 5. | Calls on the Member States to make additional efforts to fully implement and enforce the existing EU waste legislation in their countries; |
| --- | --- |

5.

Calls on the Member States to make additional efforts to fully implement and enforce the existing EU waste legislation in their countries;

| 6. | Instructs its President to forward this declaration, together with the names of the signatories (1), to the Commission, the Council and the governments and parliaments of the 27 Member States. |
| --- | --- |

6.

Instructs its President to forward this declaration, together with the names of the signatories (1), to the Commission, the Council and the governments and parliaments of the 27 Member States.

---

(1)  The list of signatories is published in Annex 1 to the Minutes of 12 May 2011 (P7_PV(2011)05-12(ANN1)).

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Tuesday 10 May 2011

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/166 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/166

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Tuesday 10 May 2011Defence of the immunity and privileges of Luigi de Magistris

P7_TA(2011)0188

European Parliament decision of 10 May 2011 on the request for defence of the immunity and privileges of Luigi de Magistris (2010/2122(IMM))

2012/C 377 E/25

The European Parliament,

| — | having regard to the request by Luigi de Magistris for defence of his immunity in connection with proceedings pending before an Italian court, as submitted on 5 July 2010 and announced in plenary sitting on 7 July 2010, |
| --- | --- |

—

having regard to the request by Luigi de Magistris for defence of his immunity in connection with proceedings pending before an Italian court, as submitted on 5 July 2010 and announced in plenary sitting on 7 July 2010,

| — | having heard Luigi de Magistris, in accordance with Rule 7(3) of its Rules of Procedure, |
| --- | --- |

—

having heard Luigi de Magistris, in accordance with Rule 7(3) of its Rules of Procedure,

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

—

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

| — | having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008 and 19 March 2010 (1), |
| --- | --- |

—

having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008 and 19 March 2010 (1),

| — | having regard to Rules 6(3) and 7 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 6(3) and 7 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A7-0152/2011), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A7-0152/2011),

| A. | whereas a Member of the European Parliament, Luigi de Magistris, has requested the defence of his parliamentary immunity in connection with proceedings before an Italian court, |
| --- | --- |

A.

whereas a Member of the European Parliament, Luigi de Magistris, has requested the defence of his parliamentary immunity in connection with proceedings before an Italian court,

| B. | whereas the request by Luigi de Magistris relates to a writ of summons filed against him before the Court of Benevento on behalf of Clemente Mario Mastella, a Member of the European Parliament, in connection with an interview Mr de Magistris gave to an Italian newspaper on 31 October 2009, |
| --- | --- |

B.

whereas the request by Luigi de Magistris relates to a writ of summons filed against him before the Court of Benevento on behalf of Clemente Mario Mastella, a Member of the European Parliament, in connection with an interview Mr de Magistris gave to an Italian newspaper on 31 October 2009,

| C. | whereas, according to the writ of summons, a fragment of that interview (‘Mastella was implicated in one of my investigations and tried to stop me’) constitutes libel, resulting in a claim for damages of EUR 1 000 000 plus costs, |
| --- | --- |

C.

whereas, according to the writ of summons, a fragment of that interview (‘Mastella was implicated in one of my investigations and tried to stop me’) constitutes libel, resulting in a claim for damages of EUR 1 000 000 plus costs,

| D. | whereas the interview was given at a time when Luigi de Magistris was a Member of the European Parliament, after standing successfully in the 2009 European Parliament elections, |
| --- | --- |

D.

whereas the interview was given at a time when Luigi de Magistris was a Member of the European Parliament, after standing successfully in the 2009 European Parliament elections,

| E. | whereas, in accordance with Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament may not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties, |
| --- | --- |

E.

whereas, in accordance with Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament may not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties,

| F. | whereas, in accordance with Parliament’s established practice, the fact that the legal proceedings have been brought under civil or administrative law, or contain certain aspects falling under civil or administrative law, does not per se preclude the application of the immunity afforded by that article, |
| --- | --- |

F.

whereas, in accordance with Parliament’s established practice, the fact that the legal proceedings have been brought under civil or administrative law, or contain certain aspects falling under civil or administrative law, does not per se preclude the application of the immunity afforded by that article,

| G. | whereas, in giving the interview in question, Luigi de Magistris was acting in performance of his duties as Member of the European Parliament and carrying out political activities by expressing his opinion on a matter of public interest to his constituents, |
| --- | --- |

G.

whereas, in giving the interview in question, Luigi de Magistris was acting in performance of his duties as Member of the European Parliament and carrying out political activities by expressing his opinion on a matter of public interest to his constituents,

| H. | whereas attempts to prevent Members of Parliament from expressing their opinions on matters of legitimate public interest and concern, and from criticising their political opponents, by bringing legal proceedings are unacceptable in a democratic society and represent a breach of Article 8 of the Protocol on the Privileges and Immunities of the European Union, which is intended to protect Members’ freedom of expression when performing their duties in the interests of Parliament as an institution of the European Union, |
| --- | --- |

H.

whereas attempts to prevent Members of Parliament from expressing their opinions on matters of legitimate public interest and concern, and from criticising their political opponents, by bringing legal proceedings are unacceptable in a democratic society and represent a breach of Article 8 of the Protocol on the Privileges and Immunities of the European Union, which is intended to protect Members’ freedom of expression when performing their duties in the interests of Parliament as an institution of the European Union,

| 1. | Decides to defend the immunity and privileges of Luigi de Magistris; |
| --- | --- |

1.

Decides to defend the immunity and privileges of Luigi de Magistris;

| 2. | Instructs its President to forward this decision immediately to the competent authority of the Italian Republic and to Luigi de Magistris. |
| --- | --- |

2.

Instructs its President to forward this decision immediately to the competent authority of the Italian Republic and to Luigi de Magistris.

---

(1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, Case 149/85 Wybot v Faure and Others [1986] ECR 2391, Case T-345/05 Mote v Parliament [2008] ECR II-2849, Joined Cases C-200/07 and C-201/07 Marra v De Gregorio and Clemente [2008] ECR I-7929, and Case T-42/06 Gollnisch v Parliament.

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| 7.12.2012 | EN | Official Journal of the European Union | CE 377/167 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/167

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Tuesday 10 May 2011Defence of the immunity and privileges of Bruno Gollnisch

P7_TA(2011)0189

European Parliament decision of 10 May 2011 on the request for defence of the immunity and privileges of Bruno Gollnisch (2010/2097(IMM))

2012/C 377 E/26

The European Parliament,

| — | having regard to the request by Bruno Gollnisch for defence of his immunity in connection with criminal proceedings pending before a French court, as submitted on 10 June 2010 and announced in plenary sitting on 14 June 2010, |
| --- | --- |

—

having regard to the request by Bruno Gollnisch for defence of his immunity in connection with criminal proceedings pending before a French court, as submitted on 10 June 2010 and announced in plenary sitting on 14 June 2010,

| — | having heard Bruno Gollnisch on 26 January 2011, in accordance with Rule 7(3) of its Rules of Procedure, |
| --- | --- |

—

having heard Bruno Gollnisch on 26 January 2011, in accordance with Rule 7(3) of its Rules of Procedure,

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

—

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

| — | having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008 and 19 March 2010 (1), |
| --- | --- |

—

having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008 and 19 March 2010 (1),

| — | having regard to Article 26 of the Constitution of the French Republic, |
| --- | --- |

—

having regard to Article 26 of the Constitution of the French Republic,

| — | having regard to Rules 6(3) and 7 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 6(3) and 7 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A7-0154/2011), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A7-0154/2011),

| A. | whereas Bruno Gollnisch, a Member of the European Parliament, has requested the defence of his parliamentary immunity in connection with measures which he claims restrict his freedom applied by the French authorities as part of the judicial investigation of an action and claim for compensation (plainte avec constitution de partie civile) brought by the International League Against Racism and Anti-Semitism on 26 January 2009 against an unnamed person for incitement to racial hatred, |
| --- | --- |

A.

whereas Bruno Gollnisch, a Member of the European Parliament, has requested the defence of his parliamentary immunity in connection with measures which he claims restrict his freedom applied by the French authorities as part of the judicial investigation of an action and claim for compensation (plainte avec constitution de partie civile) brought by the International League Against Racism and Anti-Semitism on 26 January 2009 against an unnamed person for incitement to racial hatred,

| B. | whereas Article 8 of the Protocol on the Privileges and Immunities of the European Union was not invoked in the request for defence of immunity and therefore does not apply, |
| --- | --- |

B.

whereas Article 8 of the Protocol on the Privileges and Immunities of the European Union was not invoked in the request for defence of immunity and therefore does not apply,

| C. | whereas, in accordance with Article 9 of the Protocol on the Privileges and Immunities of the European Union, which was expressly invoked by Bruno Gollnisch in his letter to the President of 10 June 2010 and which is applicable in the present case, during the sessions of the European Parliament its Members enjoy in the territory of their own State the immunities accorded to members of their parliament; and whereas this does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members, |
| --- | --- |

C.

whereas, in accordance with Article 9 of the Protocol on the Privileges and Immunities of the European Union, which was expressly invoked by Bruno Gollnisch in his letter to the President of 10 June 2010 and which is applicable in the present case, during the sessions of the European Parliament its Members enjoy in the territory of their own State the immunities accorded to members of their parliament; and whereas this does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members,

| D. | whereas, in accordance with the second paragraph of Article 26 of the Constitution of the French Republic, ‘no Member of Parliament may be arrested or subject to any other measure depriving him or her of freedom or restricting that freedom as a result of criminal or minor offences without the authorisation of the Assembly to which he or she belongs, except if a serious crime has been committed, in the event of flagrante delicto or if a final judgment has been handed down’, and whereas, in accordance with the third paragraph of Article 26, ‘detention, measures depriving the Member of his or her freedom or restricting that freedom or the prosecution of the Member of Parliament shall be suspended during the session if the Assembly of which he or she is a Member so demands’, |
| --- | --- |

D.

whereas, in accordance with the second paragraph of Article 26 of the Constitution of the French Republic, ‘no Member of Parliament may be arrested or subject to any other measure depriving him or her of freedom or restricting that freedom as a result of criminal or minor offences without the authorisation of the Assembly to which he or she belongs, except if a serious crime has been committed, in the event of flagrante delicto or if a final judgment has been handed down’, and whereas, in accordance with the third paragraph of Article 26, ‘detention, measures depriving the Member of his or her freedom or restricting that freedom or the prosecution of the Member of Parliament shall be suspended during the session if the Assembly of which he or she is a Member so demands’,

| E. | whereas Parliament has a broad measure of discretion to determine the direction it wishes to give to a decision following a request to defend the immunity of one of its Members (2), |
| --- | --- |

E.

whereas Parliament has a broad measure of discretion to determine the direction it wishes to give to a decision following a request to defend the immunity of one of its Members (2),

| F. | whereas in the present case Parliament has found no evidence of fumus persecutionis, i.e. a sufficiently serious and precise suspicion that the case has been brought with the intention of causing political damage to the Member, |
| --- | --- |

F.

whereas in the present case Parliament has found no evidence of fumus persecutionis, i.e. a sufficiently serious and precise suspicion that the case has been brought with the intention of causing political damage to the Member,

| G. | whereas the case does not fall within the scope of Bruno Gollnisch's political activities as a Member of the European Parliament; whereas it concerns instead activities of a purely regional and local nature as a Rhône-Alpes regional councillor, a mandate to which Bruno Gollnisch was elected by direct universal suffrage and which is distinct from that of Member of the European Parliament, |
| --- | --- |

G.

whereas the case does not fall within the scope of Bruno Gollnisch's political activities as a Member of the European Parliament; whereas it concerns instead activities of a purely regional and local nature as a Rhône-Alpes regional councillor, a mandate to which Bruno Gollnisch was elected by direct universal suffrage and which is distinct from that of Member of the European Parliament,

| H. | whereas Bruno Gollnisch has given an explanation as to why the press release which has prompted the request for defence of immunity was issued by his political group in the Rhône-Alpes Regional Council, stating that it had been written by the Front National team in that region, including its head of communications, who was ‘empowered to speak on behalf of the Front National’s elected officials’; whereas the application of parliamentary immunity to such a situation would constitute an undue extension of those rules, which are intended to prevent any interference with the functioning and independence of Parliament, |
| --- | --- |

H.

whereas Bruno Gollnisch has given an explanation as to why the press release which has prompted the request for defence of immunity was issued by his political group in the Rhône-Alpes Regional Council, stating that it had been written by the Front National team in that region, including its head of communications, who was ‘empowered to speak on behalf of the Front National’s elected officials’; whereas the application of parliamentary immunity to such a situation would constitute an undue extension of those rules, which are intended to prevent any interference with the functioning and independence of Parliament,

| I. | whereas it is a regrettable infringement of Parliament's prerogatives that the French authorities should have taken what appear to be certain measures restricting Bruno Gollnisch’s freedom prior to requesting the waiver of his immunity; whereas, however, given that the French authorities have now formally requested the waiver of his immunity in order to take such measures in the future, it is no longer necessary to defend Bruno Gollnisch's immunity in that regard, |
| --- | --- |

I.

whereas it is a regrettable infringement of Parliament's prerogatives that the French authorities should have taken what appear to be certain measures restricting Bruno Gollnisch’s freedom prior to requesting the waiver of his immunity; whereas, however, given that the French authorities have now formally requested the waiver of his immunity in order to take such measures in the future, it is no longer necessary to defend Bruno Gollnisch's immunity in that regard,

| J. | whereas it is not for Parliament but for the competent judicial authorities to decide, whilst respecting all democratic guarantees, to what extent French law on incitement to racial hatred has been broken and what the judicial consequences might be, |
| --- | --- |

J.

whereas it is not for Parliament but for the competent judicial authorities to decide, whilst respecting all democratic guarantees, to what extent French law on incitement to racial hatred has been broken and what the judicial consequences might be,

| K. | whereas Bruno Gollnisch’s parliamentary immunity should therefore not be defended, |
| --- | --- |

K.

whereas Bruno Gollnisch’s parliamentary immunity should therefore not be defended,

| 1. | Decides in the light of the above not to defend the immunity and privileges of Bruno Gollnisch; |
| --- | --- |

1.

Decides in the light of the above not to defend the immunity and privileges of Bruno Gollnisch;

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

2.

Instructs its President to forward this decision and the report of its competent committee immediately to the competent authority of the French Republic and to Bruno Gollnisch.

---

(1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, Case 149/85 Wybot v Faure and Others [1986] ECR 2391, Case T-345/05 Mote v Parliament [2008] ECR II-2849, Joined Cases C-200/07 and C-201/07 Marra v De Gregorio and Clemente [2008] ECR I-7929, and Case T-42/06 Gollnisch v Parliament.

(2)  Case T-42/06 Gollnisch v Parliament, at paragraph 101.

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/169 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/169

---

Tuesday 10 May 2011Waiver of the immunity of Bruno Gollnisch

P7_TA(2011)0190

European Parliament decision of 10 May 2011 on the request for waiver of the immunity of Bruno Gollnisch (2010/2284(IMM))

2012/C 377 E/27

The European Parliament,

| — | having regard to the request for waiver of the immunity of Bruno Gollnisch, forwarded by the French authorities on 3 November 2010 and announced in plenary sitting on 24 November 2010, |
| --- | --- |

—

having regard to the request for waiver of the immunity of Bruno Gollnisch, forwarded by the French authorities on 3 November 2010 and announced in plenary sitting on 24 November 2010,

| — | having heard Bruno Gollnisch on 26 January 2011, in accordance with Rule 7(3) of its Rules of Procedure, |
| --- | --- |

—

having heard Bruno Gollnisch on 26 January 2011, in accordance with Rule 7(3) of its Rules of Procedure,

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

—

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

| — | having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008 and 19 March 2010 (1), |
| --- | --- |

—

having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008 and 19 March 2010 (1),

| — | having regard to Article 26 of the Constitution of the French Republic, |
| --- | --- |

—

having regard to Article 26 of the Constitution of the French Republic,

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

—

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

| — | having regard to the report of the Committee on Legal Affairs (A7-0155/2011), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A7-0155/2011),

| A. | whereas a French public prosecutor has requested the waiver of the parliamentary immunity of Bruno Gollnisch, a Member of the European Parliament, so that a complaint alleging incitement to racial hatred can be investigated and so that, if appropriate, Bruno Gollnisch can be tried before the French Court of First Instance, the Appeal Court and the Court of Cassation, |
| --- | --- |

A.

whereas a French public prosecutor has requested the waiver of the parliamentary immunity of Bruno Gollnisch, a Member of the European Parliament, so that a complaint alleging incitement to racial hatred can be investigated and so that, if appropriate, Bruno Gollnisch can be tried before the French Court of First Instance, the Appeal Court and the Court of Cassation,

| B. | whereas the waiver of the immunity of Bruno Gollnisch relates to an alleged offence of incitement to racial hatred as a result of a press release issued on 3 October 2008 by the Rhône-Alpes Region ‘Front National’ Group, of which Bruno Gollnisch was President, |
| --- | --- |

B.

whereas the waiver of the immunity of Bruno Gollnisch relates to an alleged offence of incitement to racial hatred as a result of a press release issued on 3 October 2008 by the Rhône-Alpes Region ‘Front National’ Group, of which Bruno Gollnisch was President,

| C. | whereas, in accordance with Article 9 of the Protocol on the Privileges and Immunities of the European Union, during the sessions of the European Parliament its Members enjoy in the territory of their own State the immunities accorded to members of their parliament; and whereas this does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members, |
| --- | --- |

C.

whereas, in accordance with Article 9 of the Protocol on the Privileges and Immunities of the European Union, during the sessions of the European Parliament its Members enjoy in the territory of their own State the immunities accorded to members of their parliament; and whereas this does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members,

| D. | whereas, in accordance with Article 26 of the Constitution of the French Republic, no Member of Parliament may be arrested or subject to any other measure depriving him or her of freedom or restricting that freedom as a result of criminal or minor offences without the authorisation of the Assembly to which he or she belongs, except if a serious crime has been committed, in the event of flagrante delicto or if a final judgment has been handed down, |
| --- | --- |

D.

whereas, in accordance with Article 26 of the Constitution of the French Republic, no Member of Parliament may be arrested or subject to any other measure depriving him or her of freedom or restricting that freedom as a result of criminal or minor offences without the authorisation of the Assembly to which he or she belongs, except if a serious crime has been committed, in the event of flagrante delicto or if a final judgment has been handed down,

| E. | whereas, in the present case, Parliament has found no evidence of fumus persecutionis, i.e. a sufficiently serious and precise suspicion that the case has been brought with the intention of causing political damage to the Member, |
| --- | --- |

E.

whereas, in the present case, Parliament has found no evidence of fumus persecutionis, i.e. a sufficiently serious and precise suspicion that the case has been brought with the intention of causing political damage to the Member,

| F. | whereas the request from the French authorities does not relate to Bruno Gollnisch's political activities as a Member of the European Parliament; whereas it concerns instead activities of a purely regional and local nature as a Rhône-Alpes regional councillor, a mandate to which Bruno Gollnisch was elected by direct universal suffrage and which is distinct from that of Member of the European Parliament, |
| --- | --- |

F.

whereas the request from the French authorities does not relate to Bruno Gollnisch's political activities as a Member of the European Parliament; whereas it concerns instead activities of a purely regional and local nature as a Rhône-Alpes regional councillor, a mandate to which Bruno Gollnisch was elected by direct universal suffrage and which is distinct from that of Member of the European Parliament,

| G. | whereas Bruno Gollnisch has given an explanation as to why the press release which has prompted the request for waiver of immunity was issued by his political group in the Rhône-Alpes Regional Council, stating that it had been written by the Front National team in that region, including its head of communications, who was ‘empowered to speak on behalf of the Front National's elected officials’; whereas the application of parliamentary immunity to such a situation would constitute an undue extension of those rules, which are intended to prevent any interference with the functioning and independence of Parliament, |
| --- | --- |

G.

whereas Bruno Gollnisch has given an explanation as to why the press release which has prompted the request for waiver of immunity was issued by his political group in the Rhône-Alpes Regional Council, stating that it had been written by the Front National team in that region, including its head of communications, who was ‘empowered to speak on behalf of the Front National's elected officials’; whereas the application of parliamentary immunity to such a situation would constitute an undue extension of those rules, which are intended to prevent any interference with the functioning and independence of Parliament,

| H. | whereas it is not for Parliament but for the competent judicial authorities to decide, whilst respecting all democratic guarantees, to what extent French law on incitement to racial hatred has been broken and what the judicial consequences might be, |
| --- | --- |

H.

whereas it is not for Parliament but for the competent judicial authorities to decide, whilst respecting all democratic guarantees, to what extent French law on incitement to racial hatred has been broken and what the judicial consequences might be,

| I. | whereas it is therefore appropriate to recommend a waiver of parliamentary immunity in this instance, |
| --- | --- |

I.

whereas it is therefore appropriate to recommend a waiver of parliamentary immunity in this instance,

| 1. | Decides to waive the immunity of Bruno Gollnisch; |
| --- | --- |

1.

Decides to waive the immunity of Bruno Gollnisch;

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

2.

Instructs its President to forward this decision and the report of its competent committee immediately to the competent authority of the French Republic and to Bruno Gollnisch.

---

(1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, Case 149/85 Wybot v Faure and Others [1986] ECR 2391, Case T-345/05 Mote v Parliament [2008] ECR II-2849, Joined Cases C-200/07 and C-201/07 Marra v De Gregorio and Clemente [2008] ECR I-7929, and Case T-42/06 Gollnisch v Parliament.

---

Wednesday 11 May 2011

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/171 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/171

---

Wednesday 11 May 2011Amendment of Parliament's Rules of Procedure following the establishment by Parliament and the Commission of a common Transparency Register

P7_TA(2011)0221

European Parliament decision of 11 May 2011 on the amendment of Parliament’s Rules of Procedure following the establishment by the European Parliament and the Commission of a joint transparency register (2010/2292(REG))

2012/C 377 E/28

The European Parliament,

| — | having regard to the decision of the Conference of Presidents of 18 November 2010, |
| --- | --- |

—

having regard to the decision of the Conference of Presidents of 18 November 2010,

| — | having regard to its decision of 11 May 2011 (1) approving the conclusion of the agreement between the European Parliament and the European Commission on the establishment of a transparency register, |
| --- | --- |

—

having regard to its decision of 11 May 2011 (1) approving the conclusion of the agreement between the European Parliament and the European Commission on the establishment of a transparency register,

| — | having regard to Rules 211, 212 and 127(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 211, 212 and 127(2) of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs (A7-0173/2011), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs (A7-0173/2011),

| 1. | Decides to amend its Rules of Procedure as shown below; |
| --- | --- |

1.

Decides to amend its Rules of Procedure as shown below;

| 2. | Decides that the text of the agreement referred to above will be incorporated into its Rules of Procedure as Annex X, Part B; |
| --- | --- |

2.

Decides that the text of the agreement referred to above will be incorporated into its Rules of Procedure as Annex X, Part B;

| 3. | Decides that these amendments will enter into force on the date of entry into force of the agreement; |
| --- | --- |

3.

Decides that these amendments will enter into force on the date of entry into force of the agreement;

| 4. | Instructs its President to forward this decision to the Council and the Commission, for information. |
| --- | --- |

4.

Instructs its President to forward this decision to the Council and the Commission, for information.

| PRESENT TEXT | AMENDMENT |
| --- | --- |
| Amendment 1 |
| Parliament's Rules of Procedure


  Rule 9 – title |
| | |
| Amendment 2 |
| Parliament's Rules of Procedure


  Rule 9 – paragraph 3 a (new) |
| | 3a.
     
  At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants who may be registered by each Member (accredited assistants). |
| Amendment 3 |
| Parliament's Rules of Procedure


  Rule 9 – paragraph 4 |
| 4.   
  The Quaestors shall be responsible for issuing nominative passes valid for a maximum of one year to persons who wish to enter Parliament’s premises frequently in order to supply information to Members within the framework of their parliamentary mandate in their own interests or those of third parties. | 4.   
  Long-term access badges shall be issued to persons from outside the Union institutions under the responsibility of the Quaestors. Such badges shall be valid for a maximum period of one year, which may be renewed. The rules governing the use of such badges shall be laid down by the Bureau. |
| In return, these persons shall be required to: | |
| — | respect the code of conduct published as an annex to the Rules of Procedure; |

PRESENT TEXT

AMENDMENT

Amendment 1

Parliament's Rules of Procedure

Rule 9 – title

Amendment 2

Parliament's Rules of Procedure

Rule 9 – paragraph 3 a (new)

3a.
     
  At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants who may be registered by each Member (accredited assistants).

Amendment 3

Parliament's Rules of Procedure

Rule 9 – paragraph 4

4.   
  The Quaestors shall be responsible for issuing nominative passes valid for a maximum of one year to persons who wish to enter Parliament’s premises frequently in order to supply information to Members within the framework of their parliamentary mandate in their own interests or those of third parties.

4.   
  Long-term access badges shall be issued to persons from outside the Union institutions under the responsibility of the Quaestors. Such badges shall be valid for a maximum period of one year, which may be renewed. The rules governing the use of such badges shall be laid down by the Bureau.

In return, these persons shall be required to:

—

respect the code of conduct published as an annex to the Rules of Procedure;

| — | sign a register kept by the Quaestors. |
| --- | --- |

—

sign a register kept by the Quaestors.

This register shall be made available to the public on request in all of Parliament's places of work and, in the form laid down by the Quaestors, in its information offices in the Member States.

The provisions governing the application of this paragraph shall be laid down in an annex to these Rules of Procedure.

Such badges may be issued to:

| — | persons whose names appear in the transparency register (2) or who represent or work for organisations whose names appear therein, although registration shall not confer an automatic right to such a badge; |
| --- | --- |

—

persons whose names appear in the transparency register (2) or who represent or work for organisations whose names appear therein, although registration shall not confer an automatic right to such a badge;

| — | persons who wish to enter Parliament's premises frequently, but who do not fall within the scope of the agreement on the establishment of a transparency register (3); |
| --- | --- |

—

persons who wish to enter Parliament's premises frequently, but who do not fall within the scope of the agreement on the establishment of a transparency register (3);

| — | Members’ local assistants and persons assisting Members of the European Economic and Social Committee and the Committee of the Regions. |
| --- | --- |

—

Members’ local assistants and persons assisting Members of the European Economic and Social Committee and the Committee of the Regions.

Amendment 4

Parliament's Rules of Procedure

Rule 9 – paragraph 4 a (new)

4a.
     
  Persons who sign the transparency register must, in the context of their relations with Parliament, respect:

| — | the code of conduct annexed to the agreement (4); |
| --- | --- |

—

the code of conduct annexed to the agreement (4);

| — | the procedures and other obligations laid down by the agreement; and |
| --- | --- |

—

the procedures and other obligations laid down by the agreement; and

| — | the provisions of this Rule and its implementing provisions. |
| --- | --- |

—

the provisions of this Rule and its implementing provisions.

Amendment 5

Parliament's Rules of Procedure

Rule 9 – paragraph 4 b (new)

4b.
     
  The Quaestors shall determine to what extent the code of conduct is applicable to persons who, whilst in possession of a long-term access badge, do not fall within the scope of the agreement.

Amendment 6

Parliament's Rules of Procedure

Rule 9 – paragraph 4 c (new)

4c.
     
  Badges shall be withdrawn by reasoned decision of the Quaestors in the following cases:

| — | the holder has been struck off the transparency register, unless there are significant arguments against withdrawal; |
| --- | --- |

—

the holder has been struck off the transparency register, unless there are significant arguments against withdrawal;

| — | the holder has been guilty of a serious breach of the obligations laid down in paragraph 4a. |
| --- | --- |

—

the holder has been guilty of a serious breach of the obligations laid down in paragraph 4a.

Amendment 7

Parliament's Rules of Procedure

Rule 9 – paragraph 4 d (new)

4d.
     
  The Bureau, acting on a proposal from the Secretary-General, shall lay down the measures needed to implement the transparency register, in accordance with the provisions of the agreement on the establishment of that register.

The provisions implementing paragraphs 4 to 4d shall be laid down in an annex (5).

Amendment 8

Parliament's Rules of Procedure

Annex I – Article 2 – paragraphs 2 and 3

Members of Parliament shall refrain from accepting any
  other
  gift or benefit in the performance of their duties.

Members of Parliament shall refrain from accepting any gift or benefit in the performance of their duties.

The declarations in the register shall be made under the personal responsibility of the Member and must be updated
  every year
  .

The declarations in the register shall be made under the personal responsibility of the Member and must be updated
  as soon as changes occur, and a fresh declaration shall be submitted at least once a year. Members shall bear full responsibility for the transparency of their financial interests.

Amendment 9

Parliament's Rules of Procedure

Annex X – title

ANNEX X

ANNEX X

Amendment 10

Parliament's Rules of Procedure

Annex X – Article 1

Article 1

Sole Article

Passes

Badges

1.   The
  pass
  shall consist of a plastic card bearing a photograph of the holder, indicating the holder's surname and forenames and the name of the firm, organisation or person for whom the holder works.

1.   The
  long-term access badge
  shall consist of a plastic card bearing a photograph of the holder, indicating the holder's surname and forenames and the name of the firm, organisation or person for whom the holder works.

Pass-holders
  shall at all times wear their
  pass
  visibly on all Parliament premises. Failure to do so may lead to its withdrawal.

Badge-holders
  shall at all times wear their
  badge
  visibly on all Parliament premises. Failure to do so may lead to its withdrawal.

Passes
  shall be distinguished by their shape and colour from the passes issued to occasional visitors.

Badges
  shall be distinguished by their shape and colour from the passes issued to occasional visitors.

2.   
  Passes
  shall only be renewed if the holders have fulfilled the obligations referred to in Rule 9(
  4
  ).

2.   
  Badges
  shall only be renewed if the holders have fulfilled the obligations referred to in Rule 9(
  4a
  ).

Any
  dispute by a Member as to the activity of a representative or lobby
  shall be referred to the Quaestors, who
  shall look into the matter and may decide whether to maintain or withdraw
  the
  pass
  concerned.

Any
  complaint supported by facts which falls within the scope of the code of conduct annexed to the agreement on the establishment of the transparency register (6)

  shall be referred to
  the joint Transparency Register Secretariat. The Secretary-General of Parliament shall forward details of decisions to strike persons off the register to
  the Quaestors, who
  shall take a decision on the withdrawal
  of the
  badge
  concerned.

Notifications of decisions by the Quaestors to withdraw one or more badges shall include a request to the holders or the organisations they represent or for which they work to return the badges to Parliament within 15 days of receipt of the notification.

3.   
  Passes
  shall not, under any circumstances, entitle holders to attend meetings of Parliament or its bodies other than those declared open to the public and shall not, in this case, entitle the holder to derogations from access rules applicable to all other Union citizens.

3.   
  Badges
  shall not, under any circumstances, entitle holders to attend meetings of Parliament or its bodies other than those declared open to the public and shall not, in this case, entitle the holder to derogations from access rules applicable to all other Union citizens.

Amendment 11

Parliament's Rules of Procedure

Annex X – Article 2

Article 2

Assistants

1.
     
  At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants who may be registered by each Member.

Upon taking up their duties, registered assistants shall make a written declaration of their professional activities and any other remunerated functions or activities.

2.
     
  They shall have access to Parliament under the same conditions as staff of the Secretariat or the political groups.

3.
     
  All other persons, including those working directly with Members, shall only have access to Parliament under the conditions laid down in Rule 9(4).

deleted

Amendment 12

Parliament's Rules of Procedure

Annex X – Article 3

Article 3

Code of conduct

1.
     
  In the context of their relations with Parliament, the persons whose names appear in the register provided for in Rule 9(4) shall:

| (a) | comply with the provisions of Rule 9 and this Annex; |
| --- | --- |

(a)

comply with the provisions of Rule 9 and this Annex;

| (b) | state the interest or interests they represent in contacts with Members of Parliament, their staff or officials of Parliament; |
| --- | --- |

(b)

state the interest or interests they represent in contacts with Members of Parliament, their staff or officials of Parliament;

| (c) | refrain from any action designed to obtain information dishonestly; |
| --- | --- |

(c)

refrain from any action designed to obtain information dishonestly;

| (d) | not claim any formal relationship with Parliament in any dealings with third parties; |
| --- | --- |

(d)

not claim any formal relationship with Parliament in any dealings with third parties;

| (e) | not circulate for a profit to third parties copies of documents obtained from Parliament; |
| --- | --- |

(e)

not circulate for a profit to third parties copies of documents obtained from Parliament;

| (f) | comply strictly with the provisions of Annex I, Article 2, second paragraph; |
| --- | --- |

(f)

comply strictly with the provisions of Annex I, Article 2, second paragraph;

| (g) | satisfy themselves that any assistance provided in accordance with the provisions of Annex I, Article 2 is declared in the appropriate register; |
| --- | --- |

(g)

satisfy themselves that any assistance provided in accordance with the provisions of Annex I, Article 2 is declared in the appropriate register;

| (h) | comply with the provisions of the Staff Regulations when recruiting former officials of the institutions; |
| --- | --- |

(h)

comply with the provisions of the Staff Regulations when recruiting former officials of the institutions;

| (i) | comply with any rules laid down by Parliament on the rights and responsibilities of former Members; |
| --- | --- |

(i)

comply with any rules laid down by Parliament on the rights and responsibilities of former Members;

| (j) | in order to avoid possible conflicts of interest, obtain the prior consent of the Member or Members concerned as regards any contractual relationship with or employment of a Member's assistant, and subsequently satisfy themselves that this is declared in the register provided for in Rule 9(4). |
| --- | --- |

(j)

in order to avoid possible conflicts of interest, obtain the prior consent of the Member or Members concerned as regards any contractual relationship with or employment of a Member's assistant, and subsequently satisfy themselves that this is declared in the register provided for in Rule 9(4).

2.
     
  Any breach of this Code of Conduct may lead to the withdrawal of the pass issued to the persons concerned and, if appropriate, their firms.

deleted

Amendment 13

Parliament's Rules of Procedure

Annex X – part B – title (new)

(1)  Texts adopted, P7_TA(2011)0222.

---

(2)  
  Register established by means of the agreement between the European Parliament and the European Commission on the establishment of a Transparency Register for organisations and self-employed persons engaged in EU policy-making and policy implementation (see Annex X, Part B).

(3)  
  See Annex X, Part B.

(4)  
  See Annex 3 to the agreement set out in Annex X, Part B.

(5)  
  See Annex X, Part A.

(6)  
  See Annex 3 to the agreement set out in Part B of this Annex.

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/176 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/176

---

Wednesday 11 May 2011Interinstitutional agreement on a common Transparency Register between the Parliament and the Commission

P7_TA(2011)0222

European Parliament decision of 11 May 2011 on conclusion of an interinstitutional agreement between the European Parliament and the Commission on a common Transparency Register (2010/2291(ACI))

2012/C 377 E/29

The European Parliament,

| — | having regard to the decision by the Conference of Presidents of 18 November 2010, |
| --- | --- |

—

having regard to the decision by the Conference of Presidents of 18 November 2010,

| — | having regard to the draft agreement between the European Parliament and the European Commission on the establishment of a Transparency Register for organisations and self-employed individuals engaged in EU policy-making and policy implementation (hereinafter referred to as ‘the agreement’), |
| --- | --- |

—

having regard to the draft agreement between the European Parliament and the European Commission on the establishment of a Transparency Register for organisations and self-employed individuals engaged in EU policy-making and policy implementation (hereinafter referred to as ‘the agreement’),

| — | having regard to its resolution of 8 May 2008 on the development of the framework for the activities of interest representatives (lobbyists) in the European institutions (1), |
| --- | --- |

—

having regard to its resolution of 8 May 2008 on the development of the framework for the activities of interest representatives (lobbyists) in the European institutions (1),

| — | having regard to Rule 127(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 127(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs (A7-0174/2011), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs (A7-0174/2011),

| A. | whereas Article 11(2) of the Treaty on European Union states: ‘The institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society’, |
| --- | --- |

A.

whereas Article 11(2) of the Treaty on European Union states: ‘The institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society’,

| B. | whereas the transparency of that dialogue is enhanced by having a common register of the organisations and individuals engaged in EU policy-making and policy implementation, |
| --- | --- |

B.

whereas the transparency of that dialogue is enhanced by having a common register of the organisations and individuals engaged in EU policy-making and policy implementation,

| C. | whereas Parliament's abovementioned resolution of 8 May 2008 laid down the principles on the basis of which Parliament entered into negotiations with the Commission concerning the common register, |
| --- | --- |

C.

whereas Parliament's abovementioned resolution of 8 May 2008 laid down the principles on the basis of which Parliament entered into negotiations with the Commission concerning the common register,

| D. | whereas the necessary changes to Parliament's Rules of Procedure are introduced in its decision of 11 May 2011 on amendment of Parliament's Rules of Procedure following the establishment by the European Parliament and the Commission of a common Transparency Register (2), |
| --- | --- |

D.

whereas the necessary changes to Parliament's Rules of Procedure are introduced in its decision of 11 May 2011 on amendment of Parliament's Rules of Procedure following the establishment by the European Parliament and the Commission of a common Transparency Register (2),

| 1. | Regards the agreement as an important first step towards greater transparency and intends to propose in due course that standards be raised so as to ensure the consistent integrity of the public administration of the Union and the strengthening of its institutional rules; |
| --- | --- |

1.

Regards the agreement as an important first step towards greater transparency and intends to propose in due course that standards be raised so as to ensure the consistent integrity of the public administration of the Union and the strengthening of its institutional rules;

| 2. | Points out that having a common register enables all information to be found in one place, thereby making it easier for citizens to ascertain which actors are in contact with the institutions; observes that it also facilitates the task of the interest representatives who are required to register only once; |
| --- | --- |

2.

Points out that having a common register enables all information to be found in one place, thereby making it easier for citizens to ascertain which actors are in contact with the institutions; observes that it also facilitates the task of the interest representatives who are required to register only once;

| 3. | Reiterates, however, that Parliament retains its unfettered right to decide who should be permitted to access its premises; |
| --- | --- |

3.

Reiterates, however, that Parliament retains its unfettered right to decide who should be permitted to access its premises;

| 4. | Is of the opinion that the agreement will provide a strong incentive for registration since it will render it impossible for anyone to procure a badge giving access to Parliament without first registering; |
| --- | --- |

4.

Is of the opinion that the agreement will provide a strong incentive for registration since it will render it impossible for anyone to procure a badge giving access to Parliament without first registering;

| 5. | Repeats, however, its call for the mandatory registration of all lobbyists on the Transparency Register and calls for the necessary steps to be taken in the framework of the forthcoming review process in order to prepare for a transition to mandatory registration; |
| --- | --- |

5.

Repeats, however, its call for the mandatory registration of all lobbyists on the Transparency Register and calls for the necessary steps to be taken in the framework of the forthcoming review process in order to prepare for a transition to mandatory registration;

| 6. | Regrets that the Council has not yet become a party to the agreement, although that is crucial in order to ensure transparency at all stages in the law-making process at Union level; welcomes, however, the fact that the Council has indicated that it will become a party to the agreement; calls on the Council to join the common register as soon as possible; |
| --- | --- |

6.

Regrets that the Council has not yet become a party to the agreement, although that is crucial in order to ensure transparency at all stages in the law-making process at Union level; welcomes, however, the fact that the Council has indicated that it will become a party to the agreement; calls on the Council to join the common register as soon as possible;

| 7. | Welcomes, in particular, the following aspects contained in the agreement:






  (a) | the change of the name of the register to ‘the Transparency Register’; |
| --- | --- | --- |

7.

Welcomes, in particular, the following aspects contained in the agreement:

(a)

the change of the name of the register to ‘the Transparency Register’;

| (b) | the scope of the register, which covers all the relevant actors except for, inter alia, the social partners as participants in the social dialogue, churches, political parties and local, regional and municipal authorities (including representations forming part of their administrations); in view of these bodies’ institutional role under the Treaties and under paragraphs 10(b), 11, 12 and 13 of the agreement, they do not come within the scope of the register; this must be clarified in the first revision of the agreement; Parliament would like the Commission to indicate at this point whether it agrees with this proposal; |
| --- | --- |

(b)

the scope of the register, which covers all the relevant actors except for, inter alia, the social partners as participants in the social dialogue, churches, political parties and local, regional and municipal authorities (including representations forming part of their administrations); in view of these bodies’ institutional role under the Treaties and under paragraphs 10(b), 11, 12 and 13 of the agreement, they do not come within the scope of the register; this must be clarified in the first revision of the agreement; Parliament would like the Commission to indicate at this point whether it agrees with this proposal;

| (c) | the fact that the register introduces transparency for a wide range of actors in contact with the EU institutions, and in particular has separate sections covering representatives of special interests, civil society representatives and representatives of public authorities, thereby drawing a distinction between the differing roles played by lobbyists and those dealing with the EU institutions in an official capacity; |
| --- | --- |

(c)

the fact that the register introduces transparency for a wide range of actors in contact with the EU institutions, and in particular has separate sections covering representatives of special interests, civil society representatives and representatives of public authorities, thereby drawing a distinction between the differing roles played by lobbyists and those dealing with the EU institutions in an official capacity;

| (d) | the request for relevant financial information; |
| --- | --- |

(d)

the request for relevant financial information;

| (e) | binding measures in the event of failure to comply with the code of conduct annexed to the agreement; |
| --- | --- |

(e)

binding measures in the event of failure to comply with the code of conduct annexed to the agreement;

| 8. | Takes the view that the rules applicable to representatives of public authorities and of organisations working in the public interest which are bound by constitutional provisions and fundamental rights must not be the same as those applicable to representatives of special interests; maintains, in particular, that only autonomous public bodies should be asked to register, and not public authorities themselves; |
| --- | --- |

8.

Takes the view that the rules applicable to representatives of public authorities and of organisations working in the public interest which are bound by constitutional provisions and fundamental rights must not be the same as those applicable to representatives of special interests; maintains, in particular, that only autonomous public bodies should be asked to register, and not public authorities themselves;

| 9. | Requests that its Bureau devise a system whereby all lobbyists who fall within the scope of the register and who have obtained a meeting with a relevant Member about a specific legislative dossier are recorded as having done so in the explanatory memorandum to the report or recommendation relating to the relevant draft legislative act; |
| --- | --- |

9.

Requests that its Bureau devise a system whereby all lobbyists who fall within the scope of the register and who have obtained a meeting with a relevant Member about a specific legislative dossier are recorded as having done so in the explanatory memorandum to the report or recommendation relating to the relevant draft legislative act;

| 10. | Approves the conclusion of the agreement annexed hereto, taking into account the contents of this Decision, and decides to annex it to its Rules of Procedure; |
| --- | --- |

10.

Approves the conclusion of the agreement annexed hereto, taking into account the contents of this Decision, and decides to annex it to its Rules of Procedure;

| 11. | Instructs its President to forward this decision to the Council and the Commission, for information. |
| --- | --- |

11.

Instructs its President to forward this decision to the Council and the Commission, for information.

---

(1)  OJ C 271 E, 12.11.2009, p. 48.

(2)  Texts adopted, P7_TA(2011)0221.

---

Wednesday 11 May 2011ANNEX

AGREEMENT BETWEEN THE EUROPEAN PARLIAMENT AND THE EUROPEAN COMMISSION ON THE ESTABLISHMENT OF A TRANSPARENCY REGISTER FOR ORGANISATIONS AND SELF-EMPLOYED INDIVIDUALS ENGAGED IN EU POLICY-MAKING AND POLICY IMPLEMENTATION

The European Parliament and the European Commission (‘the parties hereto’),

Having regard to the Treaty on European Union, in particular Article 11(1) and (2) thereof, the Treaty on the Functioning of the European Union, in particular Article 295 thereof, and the Treaty establishing the European Atomic Energy Community (hereinafter together referred to as ‘the Treaties’),

Whereas European policy-makers do not operate in isolation from civil society, but maintain an open, transparent and regular dialogue with representative associations and civil society,

AGREE AS FOLLOWS:

I.
     
  Establishment of the Transparency Register

| 1. | In conformity with their commitment to transparency, the parties hereto agree to establish and operate a common ‘Transparency Register’ (hereinafter ‘the register’) for the registration and monitoring of organisations and self-employed individuals engaged in EU policy-making and policy implementation. |
| --- | --- |

1.

In conformity with their commitment to transparency, the parties hereto agree to establish and operate a common ‘Transparency Register’ (hereinafter ‘the register’) for the registration and monitoring of organisations and self-employed individuals engaged in EU policy-making and policy implementation.

II.
     
  Principles of the register

| 2. | The establishment and operation of the register shall build upon the existing registration systems set up and launched by the European Parliament in 1996 and the European Commission in June 2008, supplemented by the work of the relevant European Parliament and European Commission joint working group as well as by the adaptations made in the light of the experience gained and the input collected from stakeholders as set out in the European Commission's Communication of 28 October 2009 entitled ‘European Transparency Initiative: the Register of Interest Representatives, one year after’ (1). This approach does not affect or prejudge the objectives of the European Parliament as expressed in its resolution of 8 May 2008 on the development of the framework for the activities of interest representatives (lobbyists) in the European institutions (2). |
| --- | --- |

2.

The establishment and operation of the register shall build upon the existing registration systems set up and launched by the European Parliament in 1996 and the European Commission in June 2008, supplemented by the work of the relevant European Parliament and European Commission joint working group as well as by the adaptations made in the light of the experience gained and the input collected from stakeholders as set out in the European Commission's Communication of 28 October 2009 entitled ‘European Transparency Initiative: the Register of Interest Representatives, one year after’ (1). This approach does not affect or prejudge the objectives of the European Parliament as expressed in its resolution of 8 May 2008 on the development of the framework for the activities of interest representatives (lobbyists) in the European institutions (2).

| 3. | The establishment and operation of the register shall respect the general principles of Union law, including the principles of proportionality and non-discrimination. |
| --- | --- |

3.

The establishment and operation of the register shall respect the general principles of Union law, including the principles of proportionality and non-discrimination.

| 4. | The establishment and operation of the register shall respect the rights of Members of the European Parliament to exercise their parliamentary mandate without restriction, and shall not impede access for Members' constituents to the European Parliament's premises. |
| --- | --- |

4.

The establishment and operation of the register shall respect the rights of Members of the European Parliament to exercise their parliamentary mandate without restriction, and shall not impede access for Members' constituents to the European Parliament's premises.

| 5. | The establishment and operation of the register shall not impinge on the competences or prerogatives of the parties hereto or affect their respective organisational powers. |
| --- | --- |

5.

The establishment and operation of the register shall not impinge on the competences or prerogatives of the parties hereto or affect their respective organisational powers.

| 6. | The parties hereto shall strive to treat all operators engaged in similar activities in a similar manner, and to allow for a level playing-field for the registration of organisations and self-employed individuals engaged in EU policy-making and policy implementation. |
| --- | --- |

6.

The parties hereto shall strive to treat all operators engaged in similar activities in a similar manner, and to allow for a level playing-field for the registration of organisations and self-employed individuals engaged in EU policy-making and policy implementation.

III.
     
  Structure of the register

| 7. | The register shall include the following:






  (a) | a set of guidelines on:






  — | the scope of the register, eligible activities and exemptions; |
| --- | --- | --- | --- |

7.

The register shall include the following:

(a)

a set of guidelines on:

—

the scope of the register, eligible activities and exemptions;

| — | sections open to registration (Annex 1); |
| --- | --- |

—

sections open to registration (Annex 1);

| — | information required from registrants, including the financial disclosure requirements (Annex 2); |
| --- | --- |

—

information required from registrants, including the financial disclosure requirements (Annex 2);

| (b) | a code of conduct (Annex 3); |
| --- | --- |

(b)

a code of conduct (Annex 3);

| (c) | a complaint mechanism and measures to be applied in the event of non-compliance with the code of conduct, including the procedure for the investigation and treatment of complaints (Annex 4). |
| --- | --- |

(c)

a complaint mechanism and measures to be applied in the event of non-compliance with the code of conduct, including the procedure for the investigation and treatment of complaints (Annex 4).

IV.
     
  Scope of the register

Activities covered

| 8. | The scope of the register covers all activities, other than those excluded in part IV, carried out with the objective of directly or indirectly influencing the formulation or implementation of policy and the decision-making processes of the EU institutions, irrespective of the channel or medium of communication used, for example outsourcing, media, contracts with professional intermediaries, think-tanks, platforms, forums, campaigns and grassroots initiatives. These activities include, inter alia, contacting Members, officials or other staff of the EU institutions, preparing, circulating and communicating letters, information material or discussion papers and position papers, and organising events, meetings or promotional activities and social events or conferences, invitations to which have been sent to Members, officials or other staff of the EU institutions. Voluntary contributions and participation in formal consultations on envisaged EU legislative or other legal acts and other open consultations are also included. |
| --- | --- |

8.

The scope of the register covers all activities, other than those excluded in part IV, carried out with the objective of directly or indirectly influencing the formulation or implementation of policy and the decision-making processes of the EU institutions, irrespective of the channel or medium of communication used, for example outsourcing, media, contracts with professional intermediaries, think-tanks, platforms, forums, campaigns and grassroots initiatives. These activities include, inter alia, contacting Members, officials or other staff of the EU institutions, preparing, circulating and communicating letters, information material or discussion papers and position papers, and organising events, meetings or promotional activities and social events or conferences, invitations to which have been sent to Members, officials or other staff of the EU institutions. Voluntary contributions and participation in formal consultations on envisaged EU legislative or other legal acts and other open consultations are also included.

| 9. | All organisations and self-employed individuals, irrespective of their legal status, engaged in activities falling within the scope of the register are expected to register (3). |
| --- | --- |

9.

All organisations and self-employed individuals, irrespective of their legal status, engaged in activities falling within the scope of the register are expected to register (3).

Activities excluded

| 10. | The following activities are excluded from the scope of the register:






  (a) | activities concerning the provision of legal and other professional advice, in so far as they relate to the exercise of the fundamental right of a client to a fair trial, including the right of defence in administrative proceedings, such as carried out by lawyers or by any other professionals involved therein. The following do not fall within the scope of the register (irrespective of the actual parties involved): advisory work and contacts with public bodies in order to better inform clients about a general legal situation or about their specific legal position, or to advise them whether or not a particular legal or administrative step is appropriate or admissible under the law as it stands; advice given to clients to help them ensure that their activities comply with the law; representation in the context of a conciliation or mediation procedure aimed at preventing a dispute from being brought before a judicial or administrative body. This applies to all business sectors in the European Union and is not restricted to certain specific procedures (competition). In so far as a company and its advisers are involved as a party in a specific legal or administrative case or proceeding, any activity relating directly thereto which does not seek as such to change the existing legal framework does not fall within the scope of the register; |
| --- | --- | --- |

10.

The following activities are excluded from the scope of the register:

(a)

activities concerning the provision of legal and other professional advice, in so far as they relate to the exercise of the fundamental right of a client to a fair trial, including the right of defence in administrative proceedings, such as carried out by lawyers or by any other professionals involved therein. The following do not fall within the scope of the register (irrespective of the actual parties involved): advisory work and contacts with public bodies in order to better inform clients about a general legal situation or about their specific legal position, or to advise them whether or not a particular legal or administrative step is appropriate or admissible under the law as it stands; advice given to clients to help them ensure that their activities comply with the law; representation in the context of a conciliation or mediation procedure aimed at preventing a dispute from being brought before a judicial or administrative body. This applies to all business sectors in the European Union and is not restricted to certain specific procedures (competition). In so far as a company and its advisers are involved as a party in a specific legal or administrative case or proceeding, any activity relating directly thereto which does not seek as such to change the existing legal framework does not fall within the scope of the register;

| (b) | activities of the social partners as participants in the social dialogue (trade unions, employers associations, etc.) when performing the role assigned to them in the Treaties. This applies mutatis mutandis to any entity specifically designated in the Treaties to play an institutional role; |
| --- | --- |

(b)

activities of the social partners as participants in the social dialogue (trade unions, employers associations, etc.) when performing the role assigned to them in the Treaties. This applies mutatis mutandis to any entity specifically designated in the Treaties to play an institutional role;

| (c) | activities in response to direct and individual requests from EU institutions or Members of the European Parliament, such as ad hoc or regular requests for factual information, data or expertise and/or individualised invitations to attend public hearings or to participate in the workings of consultative committees or in any similar forums. |
| --- | --- |

(c)

activities in response to direct and individual requests from EU institutions or Members of the European Parliament, such as ad hoc or regular requests for factual information, data or expertise and/or individualised invitations to attend public hearings or to participate in the workings of consultative committees or in any similar forums.

Specific provisions

| 11. | Churches and religious communities are not concerned by the register. However, the representative offices or legal entities, offices and networks created to represent them in their dealings with the EU institutions, as well as their associations, are expected to register. |
| --- | --- |

11.

Churches and religious communities are not concerned by the register. However, the representative offices or legal entities, offices and networks created to represent them in their dealings with the EU institutions, as well as their associations, are expected to register.

| 12. | Political parties are not concerned by the register. However, any organisations created or supported by them which are engaged in activities falling within the scope of the register are expected to register. |
| --- | --- |

12.

Political parties are not concerned by the register. However, any organisations created or supported by them which are engaged in activities falling within the scope of the register are expected to register.

| 13. | Local, regional and municipal authorities are not concerned by the register. However, the representative offices or legal entities, offices and networks created to represent them in their dealings with the EU institutions, as well as their associations, are expected to register. |
| --- | --- |

13.

Local, regional and municipal authorities are not concerned by the register. However, the representative offices or legal entities, offices and networks created to represent them in their dealings with the EU institutions, as well as their associations, are expected to register.

| 14. | Networks, platforms or other forms of collective activity which have no legal status or legal personality but which constitute de facto a source of organised influence and which are engaged in activities falling within the scope of the register are expected to register. In such cases their members should identify one of their number as their contact person responsible for their relations with the administration of the register. |
| --- | --- |

14.

Networks, platforms or other forms of collective activity which have no legal status or legal personality but which constitute de facto a source of organised influence and which are engaged in activities falling within the scope of the register are expected to register. In such cases their members should identify one of their number as their contact person responsible for their relations with the administration of the register.

| 15. | The activities to be taken into account for the financial declaration in the register are those aimed at all EU institutions, agencies and bodies, and their members, officials and other staff. These activities also include activities directed at Member States' bodies operating at EU level which are engaged in EU decision-making processes. |
| --- | --- |

15.

The activities to be taken into account for the financial declaration in the register are those aimed at all EU institutions, agencies and bodies, and their members, officials and other staff. These activities also include activities directed at Member States' bodies operating at EU level which are engaged in EU decision-making processes.

| 16. | European networks, federations, associations or platforms are encouraged to produce common, transparent guidelines for their members identifying the activities falling within the scope of the register. They are expected to make those guidelines public. |
| --- | --- |

16.

European networks, federations, associations or platforms are encouraged to produce common, transparent guidelines for their members identifying the activities falling within the scope of the register. They are expected to make those guidelines public.

V.
     
  Rules applicable to registrants

| 17. | By registering, the organisations and individuals concerned:






  — | agree that the information which they provide for inclusion in the register shall be public; |
| --- | --- | --- |

17.

By registering, the organisations and individuals concerned:

—

agree that the information which they provide for inclusion in the register shall be public;

| — | agree to act in compliance with the code of conduct and, where relevant, to provide the text of any professional code of conduct by which they are bound; |
| --- | --- |

—

agree to act in compliance with the code of conduct and, where relevant, to provide the text of any professional code of conduct by which they are bound;

| — | guarantee that the information provided for inclusion in the register is correct; |
| --- | --- |

—

guarantee that the information provided for inclusion in the register is correct;

| — | accept that any complaint against them will be handled on the basis of the rules in the code of conduct underpinning the register; |
| --- | --- |

—

accept that any complaint against them will be handled on the basis of the rules in the code of conduct underpinning the register;

| — | agree to be subject to any measures to be applied in the event of infringement of the code of conduct and acknowledge that the measures provided for in Annex 4 may be applied to them in the event of non-compliance with the rules laid down in the code of conduct; |
| --- | --- |

—

agree to be subject to any measures to be applied in the event of infringement of the code of conduct and acknowledge that the measures provided for in Annex 4 may be applied to them in the event of non-compliance with the rules laid down in the code of conduct;

| — | note that the parties hereto may, upon request and subject to the provisions of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (4), have to disclose correspondence and other documents concerning the activities of registrants. |
| --- | --- |

—

note that the parties hereto may, upon request and subject to the provisions of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (4), have to disclose correspondence and other documents concerning the activities of registrants.

VI.
     
  Measures in the event of non-compliance with the code of conduct

| 18. | Non-compliance with the code of conduct by registrants or by their representatives may lead, following an investigation paying due respect to the principle of proportionality and the right of defence, to the application of measures laid down in Annex 4 such as suspension or removal from the register and, if applicable, withdrawal of the badges affording access to the European Parliament issued to the persons concerned and, if appropriate, their organisations,. A decision to apply such measures may be published on the register's website. |
| --- | --- |

18.

Non-compliance with the code of conduct by registrants or by their representatives may lead, following an investigation paying due respect to the principle of proportionality and the right of defence, to the application of measures laid down in Annex 4 such as suspension or removal from the register and, if applicable, withdrawal of the badges affording access to the European Parliament issued to the persons concerned and, if appropriate, their organisations,. A decision to apply such measures may be published on the register's website.

| 19. | Anyone may lodge a complaint, substantiated by material facts, about suspected non-compliance with the code of conduct, in accordance with the procedure laid down in Annex 4. |
| --- | --- |

19.

Anyone may lodge a complaint, substantiated by material facts, about suspected non-compliance with the code of conduct, in accordance with the procedure laid down in Annex 4.

VII.
     
  Implementation

| 20. | The Secretaries-General of the European Parliament and the European Commission shall be responsible for supervision of the system and for all key operational aspects, and shall by common accord take the measures necessary to implement this agreement. |
| --- | --- |

20.

The Secretaries-General of the European Parliament and the European Commission shall be responsible for supervision of the system and for all key operational aspects, and shall by common accord take the measures necessary to implement this agreement.

| 21. | In order to implement the system, the services of the European Parliament and the European Commission will establish a joint operational structure, to be known as ‘the joint Transparency Register Secretariat’. This will be made up of a group of officials from the European Parliament and the European Commission pursuant to an arrangement to be made between the competent services. The joint Transparency Register Secretariat shall operate under the coordination of a Head of Unit in the Secretariat-General of the European Commission. Its tasks will include the implementation of measures to contribute to the quality of the content of the register. |
| --- | --- |

21.

In order to implement the system, the services of the European Parliament and the European Commission will establish a joint operational structure, to be known as ‘the joint Transparency Register Secretariat’. This will be made up of a group of officials from the European Parliament and the European Commission pursuant to an arrangement to be made between the competent services. The joint Transparency Register Secretariat shall operate under the coordination of a Head of Unit in the Secretariat-General of the European Commission. Its tasks will include the implementation of measures to contribute to the quality of the content of the register.

| 22. | The issue and control of badges affording long-term access to the European Parliament's buildings will remain a process operated by that institution. Such badges will only be issued to individuals representing, or working for, organisations falling within the scope of the register where those organisations or individuals have registered. However, registration shall not confer an automatic entitlement to such a badge. |
| --- | --- |

22.

The issue and control of badges affording long-term access to the European Parliament's buildings will remain a process operated by that institution. Such badges will only be issued to individuals representing, or working for, organisations falling within the scope of the register where those organisations or individuals have registered. However, registration shall not confer an automatic entitlement to such a badge.

| 23. | Although the system will be operated jointly, the parties hereto remain free to use the register independently for their own specific purposes, including the offering of incentives such as the transmission of information to registrants when launching public consultations or organising events. |
| --- | --- |

23.

Although the system will be operated jointly, the parties hereto remain free to use the register independently for their own specific purposes, including the offering of incentives such as the transmission of information to registrants when launching public consultations or organising events.

| 24. | The parties hereto shall organise appropriate training and internal communication projects to raise awareness of the register and the complaints procedure among their Members and staff. |
| --- | --- |

24.

The parties hereto shall organise appropriate training and internal communication projects to raise awareness of the register and the complaints procedure among their Members and staff.

| 25. | The parties hereto shall take appropriate measures externally to raise awareness of the register and promote its use. |
| --- | --- |

25.

The parties hereto shall take appropriate measures externally to raise awareness of the register and promote its use.

| 26. | A series of basic statistics, extracted from the database of the register, shall be published regularly on the Europa website and shall be accessible via a user-friendly search engine. The public content of that database will be available on request in electronic, machine-readable formats. |
| --- | --- |

26.

A series of basic statistics, extracted from the database of the register, shall be published regularly on the Europa website and shall be accessible via a user-friendly search engine. The public content of that database will be available on request in electronic, machine-readable formats.

| 27. | Following consultation with stakeholders, an annual report on the operation of the register shall be submitted by the Secretaries-General of the European Parliament and the European Commission to the responsible Vice-Presidents of the European Parliament and the European Commission. |
| --- | --- |

27.

Following consultation with stakeholders, an annual report on the operation of the register shall be submitted by the Secretaries-General of the European Parliament and the European Commission to the responsible Vice-Presidents of the European Parliament and the European Commission.

VIII.
     
  Involvement of other institutions and bodies

| 28. | The European Council and the Council are invited to join the register. Other EU institutions, bodies and agencies are encouraged to use this system themselves as a reference instrument for their own interaction with organisations and self-employed individuals engaged in EU policy-making and policy implementation. |
| --- | --- |

28.

The European Council and the Council are invited to join the register. Other EU institutions, bodies and agencies are encouraged to use this system themselves as a reference instrument for their own interaction with organisations and self-employed individuals engaged in EU policy-making and policy implementation.

IX.
     
  Final provisions

| 29. | The switchover from the existing registers of the parties hereto to the new common register will take place over a transition period of twelve months from the day of entry into operation of the common register. Organisations and individuals currently registered in either system shall be invited to renew their registration in the common system.
  Once the common register has entered into operation:






  — | registrants will be able to switch their existing registration to the common register at the date of their choice but no later than the day of renewal of their European Commission registration, or, for those registered only with the European Parliament, by no later than the end of a twelve-month period from that entry into operation; |
| --- | --- | --- |

29.

The switchover from the existing registers of the parties hereto to the new common register will take place over a transition period of twelve months from the day of entry into operation of the common register. Organisations and individuals currently registered in either system shall be invited to renew their registration in the common system.

Once the common register has entered into operation:

—

registrants will be able to switch their existing registration to the common register at the date of their choice but no later than the day of renewal of their European Commission registration, or, for those registered only with the European Parliament, by no later than the end of a twelve-month period from that entry into operation;

| — | any new registration or update of existing data will only be possible through the common register. |
| --- | --- |

—

any new registration or update of existing data will only be possible through the common register.

| 30. | The common register shall be subject to review no later than two years following its entry into operation. |
| --- | --- |

30.

The common register shall be subject to review no later than two years following its entry into operation.

Annex 1

‘Transparency Register’

Organisations and self-employed individuals engaged in EU policy-making and policy implementation

| Sections | Characteristics/remarks |
| --- | --- |
| I -   Professional consultancies/law firms/self-employed consultants |
| Subsection | Professional consultancies | Firms carrying on, pursuant to contract, activities involving lobbying, promotion, public affairs and relations with public authorities |
| Subsection | Law firms | Law firms carrying on, pursuant to contract, activities involving lobbying, promotion, public affairs and relations with public authorities |
| Subsection | Self-employed consultants | Self-employed consultants or lawyers carrying on, pursuant to contract, activities involving lobbying, promotion, public affairs and relations with public authorities |
| II -   In-house lobbyists and trade/professional associations |
| Subsection | Companies & groups | Companies or groups of companies (with or without legal status) carrying on in-house, for their own account, activities involving lobbying, promotion, public affairs and relations with public authorities |
| Subsection | Trade, business & professional associations | |
| Subsection | Trade unions | |
| Subsection | Other similar organisations | |
| III -   Non-governmental organisations |
| Subsection | Non-governmental organisations, platforms and networks and similar. | Not-for-profit organisations (with or without legal status), independent from public authorities, political parties or commercial organisations. Includes foundations, charities, etc. |
| IV -   Think tanks, research and academic institutions |
| Subsection | Think tanks and research institutions | Specialised think tanks and research institutions dealing with the activities and policies of the European Union |
| Subsection | Academic institutions | Institutions whose primary purpose is education but that deal with the activities and policies of the European Union |
| V - | Organisations representing churches and religious communities |

Sections

Characteristics/remarks

I -   Professional consultancies/law firms/self-employed consultants

Subsection

Professional consultancies

Firms carrying on, pursuant to contract, activities involving lobbying, promotion, public affairs and relations with public authorities

Subsection

Law firms

Law firms carrying on, pursuant to contract, activities involving lobbying, promotion, public affairs and relations with public authorities

Subsection

Self-employed consultants

Self-employed consultants or lawyers carrying on, pursuant to contract, activities involving lobbying, promotion, public affairs and relations with public authorities

II -   In-house lobbyists and trade/professional associations

Subsection

Companies & groups

Companies or groups of companies (with or without legal status) carrying on in-house, for their own account, activities involving lobbying, promotion, public affairs and relations with public authorities

Subsection

Trade, business & professional associations

Subsection

Trade unions

Subsection

Other similar organisations

III -   Non-governmental organisations

Subsection

Non-governmental organisations, platforms and networks and similar.

Not-for-profit organisations (with or without legal status), independent from public authorities, political parties or commercial organisations. Includes foundations, charities, etc.

IV -   Think tanks, research and academic institutions

Subsection

Think tanks and research institutions

Specialised think tanks and research institutions dealing with the activities and policies of the European Union

Subsection

Academic institutions

Institutions whose primary purpose is education but that deal with the activities and policies of the European Union

V -

NB: Churches themselves are not concerned by the register.

Subsection

Organisations representing churches and religious communities

Legal entities, offices or networks set up for representation activities

| VI - | Organisations representing local, regional and municipal authorities, other public or mixed entities, etc. |
| --- | --- |

VI -

NB: Public authorities themselves are not concerned by the register.

Subsection

Local, regional and municipal authorities (at sub-national level)

Legal entities, representation offices, associations or networks set up to represent local, regional and municipal authorities (at sub-national level)

Subsection

Other public or mixed entities, etc.

Includes other organisations with public or mixed (public/private) status.

Annex 2

Information to be provided by registrants

| — | organisation name(s), address, phone number, e-mail address, website; |
| --- | --- |

—

organisation name(s), address, phone number, e-mail address, website;

| — | (a) identity of the person legally responsible for the organisation and (b) name of the organisation's director or managing partner or, if applicable, principal contact point in respect of activities covered by the register; names of the persons for whom badges affording access to the European Parliament's buildings are requested (5); |
| --- | --- |

—

(a) identity of the person legally responsible for the organisation and (b) name of the organisation's director or managing partner or, if applicable, principal contact point in respect of activities covered by the register; names of the persons for whom badges affording access to the European Parliament's buildings are requested (5);

| — | number of persons (Members, staff, etc) involved in activities falling within the scope of the register; |
| --- | --- |

—

number of persons (Members, staff, etc) involved in activities falling within the scope of the register;

| — | goals/remit – fields of interest – activities – countries in which operations are carried out – affiliations to networks – general information falling within the scope of the register; |
| --- | --- |

—

goals/remit – fields of interest – activities – countries in which operations are carried out – affiliations to networks – general information falling within the scope of the register;

| — | if applicable, number of members (individuals and organisations). |
| --- | --- |

—

if applicable, number of members (individuals and organisations).

Main legislative proposals covered in the preceding year by activities of the registrant falling within the scope of the transparency register

All financial figures provided should cover a full year of operations and refer to the most recent financial year closed, as of the date of registration or of renewal.

Double counting is not excluded. The financial declaration made by professional consultancies/law firms/self-employed consultants concerning their clients (list and grid) does not exempt those clients from their obligation to include those contractual activities in their own declarations, so as to avoid an underestimation of their declared financial outlay.

| — | Professional consultancies/law firms/self-employed consultants (Section I of Annex 1): details must be given of the turnover attributable to the activities falling within the scope of the register, as well as the relative weight attaching to their clients according to the following grid:







  Turnover in euros | Bracket size in euros |
| --- | --- | --- |
| 0 – 499 999 | 50 000 |
| 500 000 – 1 000 000 | 100 000 |
| > 1 000 000 | 250 000 |

—

Professional consultancies/law firms/self-employed consultants (Section I of Annex 1): details must be given of the turnover attributable to the activities falling within the scope of the register, as well as the relative weight attaching to their clients according to the following grid:

Turnover in euros

Bracket size in euros

0 – 499 999

50 000

500 000 – 1 000 000

100 000

> 1 000 000

250 000

| — | In-house lobbyists and trade/professional associations (Section II of Annex 1): an estimate must be given of the cost of activities falling within the scope of the register. |
| --- | --- |

—

In-house lobbyists and trade/professional associations (Section II of Annex 1): an estimate must be given of the cost of activities falling within the scope of the register.

| — | Non-governmental organisations, think tanks, research and academic institutions – organisations representing churches and religious communities –Organisations representing local, regional and municipal authorities, other public or mixed entities, etc. (Sections III to VI of Annex 1): the overall budget must be specified, together with a breakdown of the main sources of funding. |
| --- | --- |

—

Non-governmental organisations, think tanks, research and academic institutions – organisations representing churches and religious communities –Organisations representing local, regional and municipal authorities, other public or mixed entities, etc. (Sections III to VI of Annex 1): the overall budget must be specified, together with a breakdown of the main sources of funding.

Additionally, for all registrants: the amount and source of funding received from the EU institutions in the most recent financial year closed, as of the date of registration or of renewal.

Annex 3

Code of conduct

In their relations with the EU institutions and their Members, officials and other staff, registrants shall:

| a) | always identify themselves by name and by the entity or entities they work for or represent; declare the interests, objectives or aims promoted and, where applicable, specify the clients or members whom they represent; |
| --- | --- |

a)

always identify themselves by name and by the entity or entities they work for or represent; declare the interests, objectives or aims promoted and, where applicable, specify the clients or members whom they represent;

| b) | not obtain or try to obtain information, or any decision, dishonestly, or by use of undue pressure or inappropriate behaviour; |
| --- | --- |

b)

not obtain or try to obtain information, or any decision, dishonestly, or by use of undue pressure or inappropriate behaviour;

| c) | not claim any formal relationship with the EU or any of its institutions in their dealings with third parties, nor misrepresent the effect of registration in such a way as to mislead third parties or officials or other staff of the EU; |
| --- | --- |

c)

not claim any formal relationship with the EU or any of its institutions in their dealings with third parties, nor misrepresent the effect of registration in such a way as to mislead third parties or officials or other staff of the EU;

| d) | ensure that, to the best of their knowledge, information which they provide upon registration and subsequently in the framework of their activities within the scope of the register is complete, up-to-date and not misleading; |
| --- | --- |

d)

ensure that, to the best of their knowledge, information which they provide upon registration and subsequently in the framework of their activities within the scope of the register is complete, up-to-date and not misleading;

| e) | not sell to third parties copies of documents obtained from any EU institution; |
| --- | --- |

e)

not sell to third parties copies of documents obtained from any EU institution;

| f) | not induce Members of the EU institutions, officials or other staff of the EU, or assistants or trainees of those Members, to contravene the rules and standards of behaviour applicable to them; |
| --- | --- |

f)

not induce Members of the EU institutions, officials or other staff of the EU, or assistants or trainees of those Members, to contravene the rules and standards of behaviour applicable to them;

| g) | if employing former officials or other staff of the EU or assistants or trainees of Members of the EU institutions, respect the obligation of such employees to abide by the rules and confidentiality requirements which apply to them; |
| --- | --- |

g)

if employing former officials or other staff of the EU or assistants or trainees of Members of the EU institutions, respect the obligation of such employees to abide by the rules and confidentiality requirements which apply to them;

| h) | observe any rules laid down on the rights and responsibilities of former Members of the European Parliament and the European Commission; |
| --- | --- |

h)

observe any rules laid down on the rights and responsibilities of former Members of the European Parliament and the European Commission;

| i) | inform whomever they represent of their obligations towards the EU institutions; |
| --- | --- |

i)

inform whomever they represent of their obligations towards the EU institutions;

Individuals representing or working for entities which have registered with the European Parliament with a view to being issued with a personal, non-transferable badge affording access to the European Parliament’s premises shall:

| j) | comply strictly with the provisions of Rule 9 of, and Annex X and the second paragraph of Article 2 of Annex I to, the European Parliament’s Rules of Procedure; |
| --- | --- |

j)

comply strictly with the provisions of Rule 9 of, and Annex X and the second paragraph of Article 2 of Annex I to, the European Parliament’s Rules of Procedure;

| k) | satisfy themselves that any assistance provided in the context of Article 2 of Annex I to the European Parliament's Rules of Procedure is declared in the appropriate register; |
| --- | --- |

k)

satisfy themselves that any assistance provided in the context of Article 2 of Annex I to the European Parliament's Rules of Procedure is declared in the appropriate register;

| l) | in order to avoid possible conflicts of interest, obtain the prior consent of the Member or Members of the European Parliament concerned as regards any contractual relationship with or employment of a Member's assistant, and subsequently declare this in the register. |
| --- | --- |

l)

in order to avoid possible conflicts of interest, obtain the prior consent of the Member or Members of the European Parliament concerned as regards any contractual relationship with or employment of a Member's assistant, and subsequently declare this in the register.

Annex 4

Procedure for the investigation and treatment of complaints

| 1. | Complaints may be submitted by completing a standard form on the website of the register. That form contains information about the registrant being complained about, the name and contact details of the complainant and details about the complaint, including, in principle, documents or other materials supporting the complaint. Anonymous complaints shall not be considered. |
| --- | --- |

1.

Complaints may be submitted by completing a standard form on the website of the register. That form contains information about the registrant being complained about, the name and contact details of the complainant and details about the complaint, including, in principle, documents or other materials supporting the complaint. Anonymous complaints shall not be considered.

| 2. | The complaint shall specify one or more clauses of the code of conduct which the complainant alleges have been breached. Complaints about information entered in the register are treated as allegations of infringement of point (d) of the code of conduct (6). |
| --- | --- |

2.

The complaint shall specify one or more clauses of the code of conduct which the complainant alleges have been breached. Complaints about information entered in the register are treated as allegations of infringement of point (d) of the code of conduct (6).

| 3. | Complainants must in principle provide documents and/or other materials supporting their complaint. |
| --- | --- |

3.

Complainants must in principle provide documents and/or other materials supporting their complaint.

| 4. | The joint Transparency Register Secretariat shall:






  (a) | verify that sufficient evidence is adduced to support the complaint, whether this takes the form of documents, other materials or personal statements; to be admissible, material evidence should in principle be sourced either from the registrant complained about or from a document issued by a third party; |
| --- | --- | --- |

4.

The joint Transparency Register Secretariat shall:

(a)

verify that sufficient evidence is adduced to support the complaint, whether this takes the form of documents, other materials or personal statements; to be admissible, material evidence should in principle be sourced either from the registrant complained about or from a document issued by a third party;

| (b) | on the basis of such verification, decide on the admissibility of the complaint; |
| --- | --- |

(b)

on the basis of such verification, decide on the admissibility of the complaint;

| (c) | if it deems the complaint admissible, register the complaint and fix a deadline (20 working days) for the decision on the validity of the complaint. |
| --- | --- |

(c)

if it deems the complaint admissible, register the complaint and fix a deadline (20 working days) for the decision on the validity of the complaint.

| 5. | If the complaint is deemed inadmissible, the complainant shall be informed by letter, which shall state the reasons for the decision. If the complaint is deemed admissible, it shall be investigated in accordance with the procedure set out below. |
| --- | --- |

5.

If the complaint is deemed inadmissible, the complainant shall be informed by letter, which shall state the reasons for the decision. If the complaint is deemed admissible, it shall be investigated in accordance with the procedure set out below.

| 6. | After registering the complaint, the joint Transparency Register Secretariat shall inform the registrant in writing of the complaint made against that registrant and the content of that complaint, and shall invite the registrant to present explanations, arguments or other elements of defence within 10 working days. |
| --- | --- |

6.

After registering the complaint, the joint Transparency Register Secretariat shall inform the registrant in writing of the complaint made against that registrant and the content of that complaint, and shall invite the registrant to present explanations, arguments or other elements of defence within 10 working days.

| 7. | All information collected during the investigation shall be examined by the joint Transparency Register Secretariat. |
| --- | --- |

7.

All information collected during the investigation shall be examined by the joint Transparency Register Secretariat.

| 8. | The joint Transparency Register Secretariat may decide to hear the registrant complained about, or the complainant. |
| --- | --- |

8.

The joint Transparency Register Secretariat may decide to hear the registrant complained about, or the complainant.

| 9. | If the investigation shows the complaint to be unfounded, the joint Transparency Register Secretariat shall inform both parties of the decision to that effect. If the complaint is upheld, the registrant may be temporarily suspended from the register pending the taking of steps to address the problem (see paragraphs 11 to 14 below) or may be subject to measures ranging from long-term suspension from the register to removal from the register and withdrawal, where applicable, of any badge affording access to the European Parliament (see stages 6 and 7 below). |
| --- | --- |

9.

If the investigation shows the complaint to be unfounded, the joint Transparency Register Secretariat shall inform both parties of the decision to that effect. If the complaint is upheld, the registrant may be temporarily suspended from the register pending the taking of steps to address the problem (see paragraphs 11 to 14 below) or may be subject to measures ranging from long-term suspension from the register to removal from the register and withdrawal, where applicable, of any badge affording access to the European Parliament (see stages 6 and 7 below).

| 10. | The measures which may be applied in the event of non-compliance with the code of conduct shall range from temporary suspension to removal from the register (see the table below). |
| --- | --- |

10.

The measures which may be applied in the event of non-compliance with the code of conduct shall range from temporary suspension to removal from the register (see the table below).

| 11. | If it is established that information entered in the register is incorrect or incomplete, the registrant shall be requested to correct that information within eight weeks, during which period the registration of that registrant shall be suspended. The badge(s) affording access to the European Parliament, if any, shall not be withdrawn during that period. |
| --- | --- |

11.

If it is established that information entered in the register is incorrect or incomplete, the registrant shall be requested to correct that information within eight weeks, during which period the registration of that registrant shall be suspended. The badge(s) affording access to the European Parliament, if any, shall not be withdrawn during that period.

| 12. | If the registrant rectifies the information within the period of eight weeks specified in paragraph 11, the registration pertaining to that registrant shall be reactivated. If the registrant does not act within the period of eight weeks specified in paragraph 11, a measure may be imposed. |
| --- | --- |

12.

If the registrant rectifies the information within the period of eight weeks specified in paragraph 11, the registration pertaining to that registrant shall be reactivated. If the registrant does not act within the period of eight weeks specified in paragraph 11, a measure may be imposed.

| 13. | If the registrant requests more time to rectify the information in accordance with paragraph 11, and gives sufficient reasons for that request, the period of suspension may be extended. |
| --- | --- |

13.

If the registrant requests more time to rectify the information in accordance with paragraph 11, and gives sufficient reasons for that request, the period of suspension may be extended.

| 14. | In the event of non-compliance with the code of conduct on other grounds, the registration of the registrant in question shall be suspended for a period of eight weeks, during which time the European Parliament and the European Commission shall take the final decision on the measure or measures, if any, to be imposed. |
| --- | --- |

14.

In the event of non-compliance with the code of conduct on other grounds, the registration of the registrant in question shall be suspended for a period of eight weeks, during which time the European Parliament and the European Commission shall take the final decision on the measure or measures, if any, to be imposed.

| 15. | Any decision to remove a registrant from the register shall include a ban on future registration for a period of one or two years. |
| --- | --- |

15.

Any decision to remove a registrant from the register shall include a ban on future registration for a period of one or two years.

| 16. | A draft decision on the measure to be applied shall be prepared jointly by the competent services of the European Parliament and of the European Commission and forwarded for final decision to the Secretaries-General of those institutions. The competent Vice-Presidents of the European Parliament and of the European Commission will be informed. |
| --- | --- |

16.

A draft decision on the measure to be applied shall be prepared jointly by the competent services of the European Parliament and of the European Commission and forwarded for final decision to the Secretaries-General of those institutions. The competent Vice-Presidents of the European Parliament and of the European Commission will be informed.

| 17. | The joint Transparency Register Secretariat shall immediately inform both parties (the complainant and the registrant against which the complaint was made) of the measure decided upon, and shall implement that measure. |
| --- | --- |

17.

The joint Transparency Register Secretariat shall immediately inform both parties (the complainant and the registrant against which the complaint was made) of the measure decided upon, and shall implement that measure.

| 18. | Where a decision on removal from the register entails withdrawal of a badge or badges affording access to the European Parliament, it shall be forwarded by the Secretary-General of the European Parliament to the responsible Quaestor, who shall be invited to authorise the withdrawal of any such badge(s) held by the organisation or individual concerned. |
| --- | --- |

18.

Where a decision on removal from the register entails withdrawal of a badge or badges affording access to the European Parliament, it shall be forwarded by the Secretary-General of the European Parliament to the responsible Quaestor, who shall be invited to authorise the withdrawal of any such badge(s) held by the organisation or individual concerned.

| 19. | The registrant shall be invited to return all or some of any EP badges held within 15 days. |
| --- | --- |

19.

The registrant shall be invited to return all or some of any EP badges held within 15 days.

Table of measures available in the event of non-compliance with the code of conduct

| | Type of non-compliance | Measure | Mention of measure in the register | EP access badge withdrawn |
| --- | --- | --- | --- | --- |
| 1 | Unintentional non-compliance, immediately corrected | Written notification acknowledging the facts and their correction | No | No |
| 2 | Deliberate non-compliance with the code, necessitating a change of behaviour or rectification of information in the register within the deadline laid down | Temporary suspension for up to six months or until such time as the corrective action requested is completed within the deadline set | Yes during the suspension period | No |
| 3 | Persistent non-compliance with the code






  — | no change of behaviour |

Type of non-compliance

Measure

Mention of measure in the register

EP access badge withdrawn

1

Unintentional non-compliance, immediately corrected

Written notification acknowledging the facts and their correction

No

No

2

Deliberate non-compliance with the code, necessitating a change of behaviour or rectification of information in the register within the deadline laid down

Temporary suspension for up to six months or until such time as the corrective action requested is completed within the deadline set

Yes during the suspension period

No

3

Persistent non-compliance with the code

—

no change of behaviour

| — | failure to correct information within the deadline laid down |
| --- | --- |

—

failure to correct information within the deadline laid down

Removal from the register for one year

Yes

Yes

4

Serious, deliberate non-compliance with the code

Removal from the register for two years

Yes

Yes

---

(1)  COM(2009)0612.

1

(2)  OJ C 271 E, 12.11.2009, p. 48.

2

(3)  Member States' governments, third country governments, international intergovernmental organisations as well as their diplomatic missions are not expected to register.

3

(4)  OJ L 145, 31.5.2001, p. 43.

4

(5)  Registrants will be asked to provide this information at the end of the registration process, for submission to the European Parliament. The names of individuals to whom access badges have been allocated will then be automatically inserted by the system on the basis of the European Parliament's updates and information, once the European Parliament has decided to issue the badges. Registration does not give rise to an automatic entitlement to a badge affording access to the European Parliament.

5

(6)  That point (d) requires registrants, in their relations with the EU institutions and their Members, officials and other staff, to ‘ensure that, to the best of their knowledge, information which they provide upon registration and subsequently in the framework of their activities within the scope of the register is complete, up-to-date and not misleading’.

6

---

III Preparatory acts

EUROPEAN PARLIAMENT

Tuesday 10 May 2011

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/188 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/188

---

Tuesday 10 May 2011Agreement on the protection and sustainable development of the Prespa Park area ***

P7_TA(2011)0191

European Parliament legislative resolution of 10 May 2011 on the draft Council decision concerning the conclusion, on behalf of the European Union, of the Agreement on the Protection and Sustainable Development of the Prespa Park Area (16581/2010 – C7-0007/2011 – 2010/0300(NLE))

2012/C 377 E/30

(Consent)

The European Parliament,

| — | having regard to the draft Council decision (16581/2010), |
| --- | --- |

—

having regard to the draft Council decision (16581/2010),

| — | having regard to the draft Agreement on the Protection and Sustainable Development of the Prespa Park Area (16581/2010), |
| --- | --- |

—

having regard to the draft Agreement on the Protection and Sustainable Development of the Prespa Park Area (16581/2010),

| — | having regard to the request for consent submitted by the Council in accordance with Article 192(1) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0007/2011), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 192(1) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0007/2011),

| — | having regard to Rules 81 and 90(8) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(8) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on the Environment, Public Health and Food Safety (A7-0078/2011), |
| --- | --- |

—

having regard to the recommendation of the Committee on the Environment, Public Health and Food Safety (A7-0078/2011),

| 1. | Consents to conclusion of the agreement; |
| --- | --- |

1.

Consents to conclusion of the agreement;

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, of Albania and of the Former Yugoslav Republic of Macedonia. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, of Albania and of the Former Yugoslav Republic of Macedonia.

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/188 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/188

---

Tuesday 10 May 2011Agreement on port state measures to prevent, deter and eliminate illegal, unreported and unregulated fishing ***

P7_TA(2011)0192

European Parliament legislative resolution of 10 May 2011 on the draft Council decision on the approval, on behalf of the European Union, of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (05571/2011 – C7-0068/2011 – 2010/0389(NLE))

2012/C 377 E/31

(Consent)

The European Parliament,

| — | having regard to the draft Council decision (05571/2011), |
| --- | --- |

—

having regard to the draft Council decision (05571/2011),

| — | having regard to the draft Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (05571/2011), |
| --- | --- |

—

having regard to the draft Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (05571/2011),

| — | having regard to the request for consent submitted by the Council in accordance with Article 43(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0068/2011), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 43(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0068/2011),

| — | having regard to Rules 81 and 90(8) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(8) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Fisheries (A7-0142/2011), |
| --- | --- |

—

having regard to the recommendation of the Committee on Fisheries (A7-0142/2011),

| 1. | Consents to approval of the agreement; |
| --- | --- |

1.

Consents to approval of the agreement;

| 2. | Calls on the European Commission to actively promote the signing, ratification and implementation of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing in the context of trade agreements, Regional Fisheries Management Organisations (RFMOs), Fisheries Partnership Agreements and the Union's development policy; |
| --- | --- |

2.

Calls on the European Commission to actively promote the signing, ratification and implementation of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing in the context of trade agreements, Regional Fisheries Management Organisations (RFMOs), Fisheries Partnership Agreements and the Union's development policy;

| 3. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and to the Director-General of the Food and Agriculture Organisation (FAO). |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and to the Director-General of the Food and Agriculture Organisation (FAO).

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/189 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/189

---

Tuesday 10 May 2011Emergency autonomous trade preferences for Pakistan ***I

P7_TA(2011)0205

European Parliament amendments adopted on 10 May 2011 to the proposal for a regulation of the European Parliament and of the Council introducing emergency autonomous trade preferences for Pakistan (COM(2010)0552 – C7-0322/2010 – 2010/0289(COD))

2012/C 377 E/32

(Ordinary legislative procedure: first reading)

The proposal was amended as follows (1):

| TEXT PROPOSED BY THE COMMISSION | AMENDMENT |
| --- | --- |
| Amendment 1 |
| Proposal for a regulation


  Citation 2 a (new) |
| | Having regard to the request of 18 November 2010 for a WTO waiver for additional autonomous trade preferences granted by the European Union to Pakistan, |
| Amendment 2 |
| Proposal for a regulation


  Recital 1 |
| (1) | The relationship between the European Union and the Islamic Republic of Pakistan (hereinafter referred to as Pakistan) builds on the Cooperation Agreement which entered into force on 1 September 2004. One of its main objectives is to secure the conditions for and to promote the increase and development of trade between the Parties. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENT

Amendment 1

Proposal for a regulation

Citation 2 a (new)

Having regard to the request of 18 November 2010 for a WTO waiver for additional autonomous trade preferences granted by the European Union to Pakistan,

Amendment 2

Proposal for a regulation

Recital 1

(1)

The relationship between the European Union and the Islamic Republic of Pakistan (hereinafter referred to as Pakistan) builds on the Cooperation Agreement which entered into force on 1 September 2004. One of its main objectives is to secure the conditions for and to promote the increase and development of trade between the Parties.

| (1) | The relationship between the European Union and the Islamic Republic of Pakistan (hereinafter referred to as Pakistan) builds on the Cooperation Agreement which entered into force on 1 September 2004. One of its main objectives is to secure the conditions for and to promote the increase and development of trade between the Parties.
  Respect for human rights, including core labour rights, and democratic principles are also an essential element of that Agreement. |
| --- | --- |

(1)

The relationship between the European Union and the Islamic Republic of Pakistan (hereinafter referred to as Pakistan) builds on the Cooperation Agreement which entered into force on 1 September 2004. One of its main objectives is to secure the conditions for and to promote the increase and development of trade between the Parties.
  Respect for human rights, including core labour rights, and democratic principles are also an essential element of that Agreement.

Amendment 3

Proposal for a regulation

Recital 3

| (3) | Humanitarian aid is of course the primary instrument in this kind of situation and the Union has been at the forefront in this field since the beginning of the emergency. |
| --- | --- |

(3)

Humanitarian aid is of course the primary instrument in this kind of situation and the Union has been at the forefront in this field since the beginning of the emergency.

| (3) | Humanitarian aid is of course the primary instrument in this kind of situation and the Union has been at the forefront in this field since the beginning of the emergency
  pledging in excess of EUR 415 million in emergency aid to Pakistan
  . |
| --- | --- |

(3)

Humanitarian aid is of course the primary instrument in this kind of situation and the Union has been at the forefront in this field since the beginning of the emergency
  pledging in excess of EUR 415 million in emergency aid to Pakistan
  .

Amendment 4

Proposal for a regulation

Recital 4

| (4) | It will be important to use all available means to support Pakistan's recovery from this emergency
  and progress towards
  future development. |
| --- | --- |

(4)

It will be important to use all available means to support Pakistan's recovery from this emergency
  and progress towards
  future development.

| (4) | It will be important to use all available means to support Pakistan's recovery from this emergency
  , including the proposed exceptional trade measures to boost Pakistan's exports in order to contribute to its
  future
  economic
  development
  while ensuring that consistency and coherence is maintained at all levels with a view to developing a sustainable long-term strategy
  . |
| --- | --- |

(4)

It will be important to use all available means to support Pakistan's recovery from this emergency
  , including the proposed exceptional trade measures to boost Pakistan's exports in order to contribute to its
  future
  economic
  development
  while ensuring that consistency and coherence is maintained at all levels with a view to developing a sustainable long-term strategy
  .

Amendment 5

Proposal for a regulation

Recital 4 a (new)

| (4a) | The severity of this natural disaster demands an immediate and substantial response, which would take into account the geostrategic importance of Pakistan’s partnership with the Union, mainly through Pakistan's key role in the fight against terrorism, while contributing to the overall development, security and stability of the region. |
| --- | --- |

(4a)

The severity of this natural disaster demands an immediate and substantial response, which would take into account the geostrategic importance of Pakistan’s partnership with the Union, mainly through Pakistan's key role in the fight against terrorism, while contributing to the overall development, security and stability of the region.

Amendment 6

Proposal for a regulation

Recital 4 b (new)

| (4b) | The effects of the autonomous trade preferences should be able to be measured concretely in terms of job creation, poverty eradication and the sustainable development of Pakistan's working population and poor. |
| --- | --- |

(4b)

The effects of the autonomous trade preferences should be able to be measured concretely in terms of job creation, poverty eradication and the sustainable development of Pakistan's working population and poor.

Amendment 7

Proposal for a regulation

Recital 6

| (6) | In particular, the European Council underlined its firm commitment to grant exclusively to Pakistan increased market access to the Union through the immediate and time limited reduction of duties on key imports from Pakistan. |
| --- | --- |

(6)

In particular, the European Council underlined its firm commitment to grant exclusively to Pakistan increased market access to the Union through the immediate and time limited reduction of duties on key imports from Pakistan.

| (6) | In particular, the European Council underlined its firm commitment to grant exclusively to Pakistan increased market access to the Union through the
  exceptional,
  immediate and time limited reduction of duties on key imports from Pakistan.
  On receipt of this mandate, the Commission proposed a package identifying 75 tariff lines specific to Pakistan's core export sectors in those areas worst hit by the floods, asserting that an increase in Pakistani exports to the Union of EUR 100 million or more a year would provide real, substantial and worthwhile assistance to the region. |
| --- | --- |

(6)

In particular, the European Council underlined its firm commitment to grant exclusively to Pakistan increased market access to the Union through the
  exceptional,
  immediate and time limited reduction of duties on key imports from Pakistan.
  On receipt of this mandate, the Commission proposed a package identifying 75 tariff lines specific to Pakistan's core export sectors in those areas worst hit by the floods, asserting that an increase in Pakistani exports to the Union of EUR 100 million or more a year would provide real, substantial and worthwhile assistance to the region.

Amendment 8

Proposal for a regulation

Recital 6 a (new)

| (6a) | Pakistan's trade with the Union is mainly composed of textiles and clothing products which according to the Commission accounted for 73.7 % of Pakistani exports to the Union in 2009, but also ethanol and leather, which are sensitive industrial products in certain Member States where jobs in the industry have already been heavily impacted by the global recession and the industries are struggling to adapt to a new global trading environment. |
| --- | --- |

(6a)

Pakistan's trade with the Union is mainly composed of textiles and clothing products which according to the Commission accounted for 73.7 % of Pakistani exports to the Union in 2009, but also ethanol and leather, which are sensitive industrial products in certain Member States where jobs in the industry have already been heavily impacted by the global recession and the industries are struggling to adapt to a new global trading environment.

Amendment 9

Proposal for a regulation

Recital 6 b (new)

| (6b) | The textiles sector is of key importance to the Pakistani economy, accounting for 8.5 % of GDP and employing 38 % of the labour force about half of whom are women. |
| --- | --- |

(6b)

The textiles sector is of key importance to the Pakistani economy, accounting for 8.5 % of GDP and employing 38 % of the labour force about half of whom are women.

Amendment 10

Proposal for a regulation

Recital 7

| (7) | It is therefore appropriate to extend autonomous trade preferences to Pakistan by suspending for a limited period of time all tariffs for certain products of export interest to Pakistan. The provision of these trade preferences
  would not
  cause
  any meaningful
  adverse effects on the domestic market of the Union and
  would
  not affect negatively least developed Members of the World Trade Organisation (WTO). |
| --- | --- |

(7)

It is therefore appropriate to extend autonomous trade preferences to Pakistan by suspending for a limited period of time all tariffs for certain products of export interest to Pakistan. The provision of these trade preferences
  would not
  cause
  any meaningful
  adverse effects on the domestic market of the Union and
  would
  not affect negatively least developed Members of the World Trade Organisation (WTO).

| (7) | Given the hardship being suffered by the Pakistani people due to the devastating floods
  it is therefore appropriate to extend
  exceptional
  autonomous trade preferences to Pakistan by suspending for a limited period of time all tariffs for certain products of export interest to Pakistan. The provision of these trade preferences
  should only
  cause
  limited
  adverse effects on the domestic market of the Union and
  should
  not affect negatively least developed Members of the World Trade Organisation (WTO). |
| --- | --- |

(7)

Given the hardship being suffered by the Pakistani people due to the devastating floods
  it is therefore appropriate to extend
  exceptional
  autonomous trade preferences to Pakistan by suspending for a limited period of time all tariffs for certain products of export interest to Pakistan. The provision of these trade preferences
  should only
  cause
  limited
  adverse effects on the domestic market of the Union and
  should
  not affect negatively least developed Members of the World Trade Organisation (WTO).

Amendment 11

Proposal for a regulation

Recital 7 a (new)

| (7a) | Theses measures are proposed as part of an exceptional package, in response to the specific situation in Pakistan. They should not constitute a precedent for the Union's trade policy with other countries. |
| --- | --- |

(7a)

Theses measures are proposed as part of an exceptional package, in response to the specific situation in Pakistan. They should not constitute a precedent for the Union's trade policy with other countries.

Amendment 12

Proposal for a regulation

Recital 8 a (new)

| (8a) | The granting of autonomous trade preferences is linked to respect for the fundamental principles of democracy and human rights. |
| --- | --- |

(8a)

The granting of autonomous trade preferences is linked to respect for the fundamental principles of democracy and human rights.

Amendment 13

Proposal for a regulation

Recital 9

| (9) | Entitlement to benefit from the autonomous trade preferences is conditional on Pakistan's compliance with the relevant rules of origin of products and the procedures related thereto as well as involvement in effective administrative cooperation with the Union in order to prevent any risk of fraud. Serious and systematic violations of the conditions for the entitlement to the preferential arrangement, fraud or failure to provide administrative cooperation for the verification of origin of goods should constitute reasons for a temporary suspension of the preferences. In this respect, the Commission should be permitted to adopt, if necessary, such temporary measures. |
| --- | --- |

(9)

Entitlement to benefit from the autonomous trade preferences is conditional on Pakistan's compliance with the relevant rules of origin of products and the procedures related thereto as well as involvement in effective administrative cooperation with the Union in order to prevent any risk of fraud. Serious and systematic violations of the conditions for the entitlement to the preferential arrangement, fraud or failure to provide administrative cooperation for the verification of origin of goods should constitute reasons for a temporary suspension of the preferences. In this respect, the Commission should be permitted to adopt, if necessary, such temporary measures.

| (9) | Entitlement to benefit from the
  exceptional
  autonomous trade preferences is conditional on Pakistan's compliance with the relevant rules of origin of products and the procedures related thereto as well as involvement in effective administrative cooperation with the Union in order to prevent any risk of fraud. Serious and systematic violations of the conditions for the entitlement to the preferential arrangement, fraud or failure to provide administrative cooperation for the verification of origin of goods
  or a serious deterioration in respect for the fundamental principles of democracy and human rights in Pakistan, including core labour rights,
  should constitute reasons for a temporary suspension of the preferences. In this respect, the Commission should be permitted to adopt, if necessary, such temporary measures. |
| --- | --- |

(9)

Entitlement to benefit from the
  exceptional
  autonomous trade preferences is conditional on Pakistan's compliance with the relevant rules of origin of products and the procedures related thereto as well as involvement in effective administrative cooperation with the Union in order to prevent any risk of fraud. Serious and systematic violations of the conditions for the entitlement to the preferential arrangement, fraud or failure to provide administrative cooperation for the verification of origin of goods
  or a serious deterioration in respect for the fundamental principles of democracy and human rights in Pakistan, including core labour rights,
  should constitute reasons for a temporary suspension of the preferences. In this respect, the Commission should be permitted to adopt, if necessary, such temporary measures.

Amendment 14

Proposal for a regulation

Recital 10 a (new)

| (10a) | The granting of these preferences is also conditional on Pakistan abstaining from maintaining, introducing or increasing duties or charges having equivalent effect or any other restriction or prohibition on the export or sale for export of any materials primarily used in the production of any of the products covered by this Regulation destined for the territory of the Union, from the date of the entry into force of this Regulation. |
| --- | --- |

(10a)

The granting of these preferences is also conditional on Pakistan abstaining from maintaining, introducing or increasing duties or charges having equivalent effect or any other restriction or prohibition on the export or sale for export of any materials primarily used in the production of any of the products covered by this Regulation destined for the territory of the Union, from the date of the entry into force of this Regulation.

Amendment 15

Proposal for a regulation

Recital 10 b (new)

| (10b) | It is necessary to provide for the reintroduction of Common Customs Tariff duties for any products causing, or threatening to cause, serious difficulties to a Union producer of like or directly competing products, as determined by an investigation carried out by the Commission. |
| --- | --- |

(10b)

It is necessary to provide for the reintroduction of Common Customs Tariff duties for any products causing, or threatening to cause, serious difficulties to a Union producer of like or directly competing products, as determined by an investigation carried out by the Commission.

Amendment 16

Proposal for a regulation

Recital 10 c (new)

| (10c) | In order to ensure effective monitoring of the trends of imports of products covered by this Regulation as far in advance as possible it is necessary to establish customs surveillance on imports covered by this Regulation. On the basis of this monitoring a quarterly report on the application and implementation of this Regulation should be submitted. |
| --- | --- |

(10c)

In order to ensure effective monitoring of the trends of imports of products covered by this Regulation as far in advance as possible it is necessary to establish customs surveillance on imports covered by this Regulation. On the basis of this monitoring a quarterly report on the application and implementation of this Regulation should be submitted.

Amendment 17

Proposal for a regulation

Recital 10 d (new)

| (10d) | The autonomous trade preferences granted to Pakistan should be subject to an annual impact assessment, conducted by the Commission and presented to Parliament and the Council, which allows for adjustments to be made based on the actual volume of imports and the possible repercussions for the sectors specifically concerned by this Regulation. |
| --- | --- |

(10d)

The autonomous trade preferences granted to Pakistan should be subject to an annual impact assessment, conducted by the Commission and presented to Parliament and the Council, which allows for adjustments to be made based on the actual volume of imports and the possible repercussions for the sectors specifically concerned by this Regulation.

Amendment 18

Proposal for a regulation

Recital 12

| (12) | Given the urgency of the situation in Pakistan, the Regulation should apply as
  of 1 January 2011, provided that
  the WTO has approved the request from the Union for the waiver from its obligations under GATT Articles I and XIII. |
| --- | --- |

(12)

Given the urgency of the situation in Pakistan, the Regulation should apply as
  of 1 January 2011, provided that
  the WTO has approved the request from the Union for the waiver from its obligations under GATT Articles I and XIII.

| (12) | Given the urgency of the situation in Pakistan, the Regulation should apply as
  soon as
  the WTO has approved the request from the Union for the waiver from its obligations under GATT Articles I and XIII. |
| --- | --- |

(12)

Given the urgency of the situation in Pakistan, the Regulation should apply as
  soon as
  the WTO has approved the request from the Union for the waiver from its obligations under GATT Articles I and XIII.

Amendment 19

Proposal for a regulation

Recital 13

| (13) | In order to ensure an immediate and sustainable impact on the economic recovery of Pakistan in the aftermath of the floods it is recommended to limit the duration of the trade preferences
  until 31 December 2013
  . |
| --- | --- |

(13)

In order to ensure an immediate and sustainable impact on the economic recovery of Pakistan in the aftermath of the floods it is recommended to limit the duration of the trade preferences
  until 31 December 2013
  .

| (13) | In order to ensure an immediate and sustainable impact on the economic recovery of Pakistan in the aftermath of the floods it is recommended to limit the duration of the trade preferences
  to one year from the entry into force of those measures
  . |
| --- | --- |

(13)

In order to ensure an immediate and sustainable impact on the economic recovery of Pakistan in the aftermath of the floods it is recommended to limit the duration of the trade preferences
  to one year from the entry into force of those measures
  .

Amendment 20

Proposal for a regulation

Recital 14

| (14) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2). |
| --- | --- |

(14)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2).

| (14) | In order to ensure uniform conditions for the implementation of this Regulation concerning temporary suspension, surveillance and safeguard measures implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No. 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (3). |
| --- | --- |

(14)

In order to ensure uniform conditions for the implementation of this Regulation concerning temporary suspension, surveillance and safeguard measures implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No. 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (3).

Amendment 21

Proposal for a regulation

Recital 15

| (15) | Amendments to the Combined Nomenclature may not give rise to any substantive changes to the nature of the autonomous trade preferences. The Commission should therefore be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union for the purpose of making necessary amendments and technical adaptations to the list of goods for which the autonomous trade preference applies, |
| --- | --- |

(15)

Amendments to the Combined Nomenclature may not give rise to any substantive changes to the nature of the autonomous trade preferences. The Commission should therefore be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union for the purpose of making necessary amendments and technical adaptations to the list of goods for which the autonomous trade preference applies,

| (15) | The advisory procedure should be used for the adoption of surveillance and provisional safeguard measures in order to take into account the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures. The same applies with regard to the suspension of preferences when the conditions for entitlement to the preferential arrangements are not fulfilled since the Commission is thereby only acting upon factual evidence and is not required to use political discretion. |
| --- | --- |

(15)

The advisory procedure should be used for the adoption of surveillance and provisional safeguard measures in order to take into account the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures. The same applies with regard to the suspension of preferences when the conditions for entitlement to the preferential arrangements are not fulfilled since the Commission is thereby only acting upon factual evidence and is not required to use political discretion.

Amendment 22

Proposal for a regulation

Recital 15 a (new)

| (15a) | In order to make the necessary technical adaptations to the list of goods for which the autonomous trade preferences apply and to introduce tariff rate quotas where volumes of imports covered by this Regulation increase beyond certain levels the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Annex I and Annex II to reflect changes in the combined nomenclature and to introduce new quotas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.




  The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. |
| --- | --- |

(15a)

In order to make the necessary technical adaptations to the list of goods for which the autonomous trade preferences apply and to introduce tariff rate quotas where volumes of imports covered by this Regulation increase beyond certain levels the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Annex I and Annex II to reflect changes in the combined nomenclature and to introduce new quotas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

Amendment 23

Proposal for a regulation

Article 2 – paragraph 1 – point c a (new)

| (ca) | Pakistan abstaining from maintaining, introducing or increasing duties or charges having equivalent effect or any other restriction or prohibition on the export or sale for export of any materials primarily used in the production of any of the products covered by this Regulation destined for the territory of the Union; |
| --- | --- |

(ca)

Pakistan abstaining from maintaining, introducing or increasing duties or charges having equivalent effect or any other restriction or prohibition on the export or sale for export of any materials primarily used in the production of any of the products covered by this Regulation destined for the territory of the Union;

Amendment 24

Proposal for a regulation

Article 2 – paragraph 1 – point c b (new)

| (cb) | compliance with Article XI GATT 1994 and its interpretative notes. To this end Pakistan shall abstain from adopting or maintaining any prohibition or restriction on the export, or sale for export, of any materials primarily used in the production of any of the products included in Annex I and II; |
| --- | --- |

(cb)

compliance with Article XI GATT 1994 and its interpretative notes. To this end Pakistan shall abstain from adopting or maintaining any prohibition or restriction on the export, or sale for export, of any materials primarily used in the production of any of the products included in Annex I and II;

Amendment 25

Proposal for a regulation

Article 2 – paragraph 1 – point c c (new)

| (cc) | Pakistan abstaining from introducing new duties or charges having equivalent effect and new quantitative restrictions or measures having equivalent effect for imports originating in the Union or from increasing existing levels of duties or charges or from introducing any other restrictions. |
| --- | --- |

(cc)

Pakistan abstaining from introducing new duties or charges having equivalent effect and new quantitative restrictions or measures having equivalent effect for imports originating in the Union or from increasing existing levels of duties or charges or from introducing any other restrictions.

Amendment 26

Proposal for a regulation

Article 2 – paragraph 1 a (new)

1a.
     
  Without prejudice to the conditions set out in paragraph 1, entitlement to benefit from the preferential arrangements introduced by Article 1 is subject to respect for human rights, including core labour rights, and the fundamental principles of democracy by Pakistan.

If Pakistan adopts measures restricting human rights and workers’ rights, gender equality or religious rights or if it provides terrorist organisations of any kind with backing or support, the Commission shall immediately propose to repeal this Regulation.

Amendment 27

Proposal for a regulation

Article 3 a (new)

Article 3a

Urgent introduction of tariff quotas

1.
     
  Where imports of a product included in Annex I originating from Pakistan increase, in volume, by 20 % or more, as compared to the same period of 2010, the Commission shall be empowered to subject the imports of that product to a tariff rate quota and as a matter of urgency amend Annex I and Annex II by means of a delegated act. The procedure provided for in Article 7a shall apply to delegated acts adopted pursuant to this Article.

2.
     
  The data provided by the customs surveillance referred to in Article 9b shall be the basis for introducing the tariff rate quota under this Article.

3.
     
  The tariff rate quota shall take the form of a duty free quota limited to the level of imports of such product as compared to the same period of 2010 plus 20 %. Upon the entry into force of the delegated act, imports in excess of that tariff rate quota shall be subject to most-favoured nation or other applicable duties.

Amendment 28

Proposal for a regulation

Article 4

Amendment of
  the Annexes

Technical adjustments to
  the Annexes

The Commission
  may
  adopt delegated acts in accordance with Article 5 for the purpose of amending the Annexes in order to introduce
  amendments and
  technical adjustments necessary following amendments to the Combined Nomenclature codes and to the TARIC subdivisions.

The Commission
  shall be empowered to
  adopt delegated acts in accordance with Article 5 for the purpose of amending the Annexes in order to introduce technical adjustments
  made
  necessary following amendments
  both
  to the Combined Nomenclature codes and to the TARIC subdivisions.

In each case, the power conferred on the Commission in the first paragraph shall not go so far as to allow it to introduce additional products not included in the lists in Annexes I and II of this Regulation.

Amendment 29

Proposal for a regulation

Article 5

Exercise of the delegation

Exercise of the delegation

1.   The power to adopt the delegated acts referred to in
  Article 4
  shall be conferred on the Commission
  for an indeterminate period of time.

1.   The power to adopt the delegated acts referred to in
  Articles 3a and 4
  shall be conferred on the Commission
  subject to the conditions laid down in this Article.

2.
     
  The delegation of power referred to in Articles 3a and 4 shall be conferred on the Commission for the duration of this Regulation.

3.
     
  The delegation of power referred to in Articles 3a and 4 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

4.
     As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3.
     
  The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 6 and 7.

5.
     
  A delegated act adopted pursuant to Article 4 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

If this amendment is adopted, Articles 6 and 7 shall be deleted.

Amendment 30

Proposal for a regulation

Article 7 a (new)

Article 7a

Urgency procedure

1.
     
  Delegated acts adopted under the urgency procedure shall enter into force without delay and apply as long as no objection is expressed in accordance with paragraph 2. The notification of the act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2.
     
  The European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 5. In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council.

Amendment 31

Proposal for a regulation

Article 8

Committee procedure

Committee procedure

1.   The Commission shall be assisted by the Customs Code Committee.

1.   The Commission shall be assisted by the Customs Code Committee.
  That committee shall be a committee with the meaning of Regulation (EU) No 182/2011.

1a.
     
  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

2.   Where reference is made to this paragraph,
  Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

2.   Where reference is made to this paragraph,
  Article 5 of Regulation (EU) No 182/2011 shall apply.

Amendment 32

Proposal for a regulation

Article 9 – paragraph 2

2.   The measures referred to in paragraph 1 shall be adopted in accordance with the procedure referred to in
  Article 8.

2.   The measures referred to in paragraph 1 shall be adopted in accordance with the
  advisory
  procedure referred to in
  Article 8(1a).

Amendment 33

Proposal for a regulation

Article 9 a (new)

Article 9a

Safeguard measures

1.
     
  Where a product included in Annex I or II originating in Pakistan is imported on terms which cause, or threaten to cause, serious difficulties to Union producers of like or directly competing products, Common Customs Tariff duties on that product may be reintroduced at any time (hereinafter referred to as a "safeguard measure").

2.
     
  At the request of a Member State, any legal person or any association not having legal personality acting on behalf of the Union industry, or on the Commission’s own initiative, the Commission shall take a formal decision to initiate an investigation within one month. Where the Commission decides to initiate an investigation, it shall publish a notice in the Official Journal of the European Union announcing the investigation. The notice shall provide a summary of the information received and state that any relevant information should be sent to the Commission. It shall specify the period, which shall not exceed one month from the date of publication of the notice, within which interested parties may make their views known in writing.

3.
     
  The Commission shall seek all information it deems necessary and may verify the information received with Pakistan and any other relevant source. It may be assisted by officials of the Member State on whose territory verification might be sought, if that Member State so requests.

4.
     
  In examining whether there are serious difficulties, the Commission shall take account, inter alia, of the following factors concerning Union producers where this information is available:

| — | market share, |
| --- | --- |

—

market share,

| — | production, |
| --- | --- |

—

production,

| — | stocks, |
| --- | --- |

—

stocks,

| — | production capacity, |
| --- | --- |

—

production capacity,

| — | capacity utilisation, |
| --- | --- |

—

capacity utilisation,

| — | employment, |
| --- | --- |

—

employment,

| — | imports, |
| --- | --- |

—

imports,

| — | prices. |
| --- | --- |

—

prices.

5.
     
  The investigation shall be completed forthwith, but not later than four months after the publication of the notice referred to in paragraph 2. The Commission may, in exceptional circumstances, extend this period by a further maximum period of one month.

6.
     
  Provisional safeguard measures may be adopted by the Commission by means of implementing acts in critical circumstances where a delay would cause damage which would be difficult to repair, pursuant to a preliminary determination on the basis of the factors laid down in paragraph 4 which establishes that there is sufficient evidence that imports of a product covered by this Regulation have increased as the result of the suspension of customs duties under this Regulation, and such imports cause serious difficulties, or threat thereof, to the Union industry. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 8(1a).Provisional measures shall not apply for more than 200 days.

7.
     
  The Commission shall decide whether to impose definitive safeguard in accordance with the examination procedure referred to in Article 8(2).

Amendment 34

Proposal for a regulation

Article 9 b (new)

Article 9b

Surveillance measures

1.
     
  Where the trend in imports of one of the products included in Annex I originating in Pakistan is such that it could lead to one of the situations referred to in Article 9a(1) the Commission may decide to subject the imports of that product to prior Union surveillance.

2.
     
  Surveillance measures shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 8(1a).

3.
     
  Surveillance measures shall have a limited period of validity. Unless otherwise provided, they shall cease to be valid at the end of the second six-month period.

4.
     
  This surveillance shall provide for updated and timely data, in volume and value. These data shall be immediately made available to Member-States, the European Parliament and economic operators

Amendment 35

Proposal for a regulation

Article 10 – paragraph 2

2.   
  It shall apply from 1 January 2011 provided that the tariff preferences provided for in this Regulation are permitted by a waiver granted by the World Trade Organization. In case the World Trade Organization grants such a waiver after 1 January 2011,
  it shall apply from
  such later
  date on which the waiver takes effect.

2.   
  This Regulation is subject to a waiver being granted by the World Trade Organization allowing the tariff preferences provided for therein and therefore
  it shall apply from
  the
  date on which the waiver takes effect.

Amendment 36

Proposal for a regulation

Article 10 – paragraph 3

3.   The Commission shall publish a notice in the Official Journal of the European Union to inform operators of the date on which the waiver is granted by the World Trade Organization.
  If after 1 January 2011 the date specified shall be the date from which the tariff preferences apply pursuant to the second sentence of paragraph 2.

3.   The Commission shall publish a notice in the Official Journal of the European Union to inform operators of the date on which the waiver is granted by the World Trade Organization.

Amendment 38

Proposal for a regulation

Article 10 – paragraph 4

4.   This Regulation shall apply
  until 31 December 2013

4.   This Regulation shall apply
  for 12 months after its entry into force. Before that date the Commission shall submit a report on the impact assessment of this Regulation to the European Parliament and to the Council. On the basis of a new legislative proposal made by the Commission, the European Parliament and the Council shall decide whether to extend the application of this Regulation for another year.

Amendment 39/rev

Proposal for a regulation

Annex I

TEXT PROPOSED BY THE COMMISSION

| CN Code | Description |
| --- | --- |
| 5208 39 00 | OTHER DYED WOVEN FABRICS OF COTTON, CONTAINING 85 % OR MORE BY WEIGHT OF COTTON |
| 5209 39 00 | OTHER DYED WOVEN FABRICS OF COTTON, CONTAINING 85 % OR MORE BY WEIGHT OF COTTON, WEIGHING MORE THAN 200 G/M2 |
| 6115 95 00 | PANTYHOSE, TIGHTS, STOCKINGS, SOCKS AND OTHER HOSIERYAND FOOTWEAR WITHOUT APPLIED SOLES, OF COTTON, KNITTED OR CROCHETED (EXCL. GRADUATED COMPRESSION HOSIERY, PANTYHOSE AND TIGHTS, WOMEN'S FULL-LENGTH OR KNEE-LENGTH STOCKINGS, MEASURING PER SINGLE YARN LESS THAN 67 DECITEX) |
| 6204 62 31 | WOMEN'S OR GIRLS' COTTON DENIM TROUSERS AND BREECHES (OTHER THAN. INDUSTRIAL AND OCCUPATIONAL) |
| 6211 42 90 | WOMEN'S OR GIRLS' GARMENTS, OF COTTON |
| 6302 60 00 | TOILET LINEN AND KITCHEN LINEN, OF TERRY TOWELLING OR SIMILAR TERRY FABRICS, OF COTTON |
| 6302 91 00 | TOILET LINEN AND KITCHEN LINEN, OF COTTON, OTHER THAN OF TERRY TOWELLING OR SIMILAR TERRY FABRICS |

CN Code

Description

5208 39 00

OTHER DYED WOVEN FABRICS OF COTTON, CONTAINING 85 % OR MORE BY WEIGHT OF COTTON

5209 39 00

OTHER DYED WOVEN FABRICS OF COTTON, CONTAINING 85 % OR MORE BY WEIGHT OF COTTON, WEIGHING MORE THAN 200 G/M2

6115 95 00

PANTYHOSE, TIGHTS, STOCKINGS, SOCKS AND OTHER HOSIERYAND FOOTWEAR WITHOUT APPLIED SOLES, OF COTTON, KNITTED OR CROCHETED (EXCL. GRADUATED COMPRESSION HOSIERY, PANTYHOSE AND TIGHTS, WOMEN'S FULL-LENGTH OR KNEE-LENGTH STOCKINGS, MEASURING PER SINGLE YARN LESS THAN 67 DECITEX)

6204 62 31

WOMEN'S OR GIRLS' COTTON DENIM TROUSERS AND BREECHES (OTHER THAN. INDUSTRIAL AND OCCUPATIONAL)

6211 42 90

WOMEN'S OR GIRLS' GARMENTS, OF COTTON

6302 60 00

TOILET LINEN AND KITCHEN LINEN, OF TERRY TOWELLING OR SIMILAR TERRY FABRICS, OF COTTON

6302 91 00

TOILET LINEN AND KITCHEN LINEN, OF COTTON, OTHER THAN OF TERRY TOWELLING OR SIMILAR TERRY FABRICS

AMENDMENT PROPOSED BY THE PARLIAMENT

| CN Code | Description |
| --- | --- |
| deleted | deleted |
| deleted | deleted |
| deleted | deleted |
| deleted | deleted |
| deleted | deleted |
| deleted | deleted |
| deleted | deleted |

CN Code

Description

deleted

deleted

deleted

deleted

deleted

deleted

deleted

deleted

deleted

deleted

deleted

deleted

deleted

deleted

Amendment 40

Proposal for a regulation

Annex II

TEXT PROPOSED BY THE COMMISSION

| Order No | CN Code | Description | 2011 | 2012 | 2013 |
| --- | --- | --- | --- | --- | --- |
| 09.2401 | 2207 10 00 | UNDENATURED ETHYL ALCOHOL, OF ACTUAL ALCOHOLIC STRENGTH OF >= 80 % | 100 000 tonnes | 100 000 tonnes | 100 000 tonnes |

Order No

CN Code

Description

2011

2012

2013

09.2401

2207 10 00

UNDENATURED ETHYL ALCOHOL, OF ACTUAL ALCOHOLIC STRENGTH OF >= 80 %

100 000 tonnes

100 000 tonnes

100 000 tonnes

AMENDMENT PROPOSED BY THE PARLIAMENT

| Order No | CN Code | Description | 2011 | 2012 |
| --- | --- | --- | --- | --- |
| 09.2401 | 2207 10 00 | UNDENATURED ETHYL ALCOHOL, OF ACTUAL ALCOHOLIC STRENGTH OF >= 80 % | 80 000 tonnes | 80 000 tonnes |
| | 5208 39 00 | OTHER DYED WOVEN FABRICS OF COTTON, CONTAINING 85 % OR MORE BY WEIGHT OF COTTON | 1 685 tonnes | 1 685 tonnes |
| | 5209 39 00 | OTHER DYED WOVEN FABRICS OF COTTON, CONTAINING 85 % OR MORE BY WEIGHT OF COTTON, WEIGHING MORE THAN 200 G/M2 | 3 002 tonnes | 3 002 tonnes |
| | 6115 95 00 | PANTYHOSE, TIGHTS, STOCKINGS, SOCKS AND OTHER HOSIERYAND FOOTWEAR WITHOUT APPLIED SOLES, OF COTTON, KNITTED OR CROCHETED (EXCL. GRADUATED COMPRESSION HOSIERY, PANTYHOSE AND TIGHTS, WOMEN'S FULL-LENGTH OR KNEE-LENGTH STOCKINGS, MEASURING PER SINGLE YARN LESS THAN 67 DECITEX) | 9 052 tonnes | 9 052 tonnes |
| | 6204 62 31 | WOMEN'S OR GIRLS' COTTON DENIM TROUSERS AND BREECHES (OTHER THAN. INDUSTRIAL AND OCCUPATIONAL) | 7 571 tonnes | 7 571 tonnes |
| | 6211 42 90 | WOMEN'S OR GIRLS' GARMENTS, OF COTTON | 386 tonnes | 386 tonnes |
| | 6302 60 00 | TOILET LINEN AND KITCHEN LINEN, OF TERRY TOWELLING OR SIMILAR TERRY FABRICS, OF COTTON | 41 905 tonnes | 41 905 tonnes |
| | 6302 91 00 | TOILET LINEN AND KITCHEN LINEN, OF COTTON, OTHER THAN OF TERRY TOWELLING OR SIMILAR TERRY FABRICS | 9 997 tonnes | 9 997 tonnes |

Order No

CN Code

Description

2011

2012

09.2401

2207 10 00

UNDENATURED ETHYL ALCOHOL, OF ACTUAL ALCOHOLIC STRENGTH OF >= 80 %

80 000 tonnes

80 000 tonnes

5208 39 00

OTHER DYED WOVEN FABRICS OF COTTON, CONTAINING 85 % OR MORE BY WEIGHT OF COTTON

1 685 tonnes

1 685 tonnes

5209 39 00

OTHER DYED WOVEN FABRICS OF COTTON, CONTAINING 85 % OR MORE BY WEIGHT OF COTTON, WEIGHING MORE THAN 200 G/M2

3 002 tonnes

3 002 tonnes

6115 95 00

PANTYHOSE, TIGHTS, STOCKINGS, SOCKS AND OTHER HOSIERYAND FOOTWEAR WITHOUT APPLIED SOLES, OF COTTON, KNITTED OR CROCHETED (EXCL. GRADUATED COMPRESSION HOSIERY, PANTYHOSE AND TIGHTS, WOMEN'S FULL-LENGTH OR KNEE-LENGTH STOCKINGS, MEASURING PER SINGLE YARN LESS THAN 67 DECITEX)

9 052 tonnes

9 052 tonnes

6204 62 31

WOMEN'S OR GIRLS' COTTON DENIM TROUSERS AND BREECHES (OTHER THAN. INDUSTRIAL AND OCCUPATIONAL)

7 571 tonnes

7 571 tonnes

6211 42 90

WOMEN'S OR GIRLS' GARMENTS, OF COTTON

386 tonnes

386 tonnes

6302 60 00

TOILET LINEN AND KITCHEN LINEN, OF TERRY TOWELLING OR SIMILAR TERRY FABRICS, OF COTTON

41 905 tonnes

41 905 tonnes

6302 91 00

TOILET LINEN AND KITCHEN LINEN, OF COTTON, OTHER THAN OF TERRY TOWELLING OR SIMILAR TERRY FABRICS

9 997 tonnes

9 997 tonnes

---

(1)  The matter was then referred back to committee pursuant to Rule 57(2), second subparagraph (A7-0069/2011).

(2)  

  OJ L 184, 17.7.1999, p. 23.

(3)  

  OJ L 55, 28.2.2011, p. 13.

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/203 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/203

---

Tuesday 10 May 2011Transitional arrangements for bilateral investment agreements between Member States and third countries ***I

P7_TA(2011)0206

European Parliament legislative resolution of 10 May 2011 on the proposal for a regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries (COM(2010)0344 – C7-0172/2010 – 2010/0197(COD))

2012/C 377 E/33

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0344), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0344),

| — | having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0172/2010), |
| --- | --- |

—

having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0172/2010),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on International Trade and the opinion of the Committee on Economic and Monetary Affairs (A7-0148/2011), |
| --- | --- |

—

having regard to the report of the Committee on International Trade and the opinion of the Committee on Economic and Monetary Affairs (A7-0148/2011),

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

1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

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

---

Tuesday 10 May 2011P7_TC1-COD(2010)0197

Position of the European Parliament adopted at first reading on 10 May 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries

[Am. 1 unless otherwise indicated]

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

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

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

Whereas:

| (1) | Following the entry into force of the Treaty of Lisbon, foreign direct investment is included in the list of matters falling under the common commercial policy. In accordance with Article 3(1)(e) of the Treaty on the Functioning of the European Union (hereinafter "the Treaty"), the Union has exclusive competence with respect to the common commercial policy. Accordingly, only the Union may legislate and adopt legally binding acts within that area. The Member States are able to do so only if empowered by the Union, in accordance with Article 2(1) of the Treaty. |
| --- | --- |

(1)

Following the entry into force of the Treaty of Lisbon, foreign direct investment is included in the list of matters falling under the common commercial policy. In accordance with Article 3(1)(e) of the Treaty on the Functioning of the European Union (hereinafter "the Treaty"), the Union has exclusive competence with respect to the common commercial policy. Accordingly, only the Union may legislate and adopt legally binding acts within that area. The Member States are able to do so only if empowered by the Union, in accordance with Article 2(1) of the Treaty.

| (2) | In addition, Part Three, Chapter 4 of Title IV of the Treaty lays down common rules on the movement of capital between Member States and third countries, including in respect of capital movements involving investments. Those rules can be affected by international agreements relating to foreign investment concluded by Member States. |
| --- | --- |

(2)

In addition, Part Three, Chapter 4 of Title IV of the Treaty lays down common rules on the movement of capital between Member States and third countries, including in respect of capital movements involving investments. Those rules can be affected by international agreements relating to foreign investment concluded by Member States.

| (3) | At the time of the entry into force of the Treaty of Lisbon, Member States maintained a significant number of bilateral agreements with third countries relating to investment. The Treaty does not contain any explicit transitional provisions for such agreements which now come under exclusive Union competence. Furthermore, some of those agreements may include provisions affecting the common rules on capital movements laid down in Part Three, Chapter 4 of Title IV of the Treaty. |
| --- | --- |

(3)

At the time of the entry into force of the Treaty of Lisbon, Member States maintained a significant number of bilateral agreements with third countries relating to investment. The Treaty does not contain any explicit transitional provisions for such agreements which now come under exclusive Union competence. Furthermore, some of those agreements may include provisions affecting the common rules on capital movements laid down in Part Three, Chapter 4 of Title IV of the Treaty.

| (4) | Although bilateral agreements remain binding on the Member States under public international law and will be progressively replaced by future agreements of the Union relating to the same subject matter, the conditions for their continuing existence and their relationship with the Union's policies relating to investment, including in particular the common commercial policy, require appropriate management. That relationship will develop further as the Union exercises its competence
  in the common investment policy with the main goal of creating the best possible investment protection system for all Member States' investors equally and equal investing conditions on third country markets
  .
  As the new investment policy will be developed in view of the transitional validity of bilateral investment agreements concluded by Member States, it should acknowledge the rights of investors whose investments fall into the scope of those agreements and should ensure their legal certainty
  . |
| --- | --- |

(4)

Although bilateral agreements remain binding on the Member States under public international law and will be progressively replaced by future agreements of the Union relating to the same subject matter, the conditions for their continuing existence and their relationship with the Union's policies relating to investment, including in particular the common commercial policy, require appropriate management. That relationship will develop further as the Union exercises its competence
  in the common investment policy with the main goal of creating the best possible investment protection system for all Member States' investors equally and equal investing conditions on third country markets
  .
  As the new investment policy will be developed in view of the transitional validity of bilateral investment agreements concluded by Member States, it should acknowledge the rights of investors whose investments fall into the scope of those agreements and should ensure their legal certainty
  .

| (5) | In the interest of EU investors and their investments in third countries, and of Member States hosting foreign investors and investments, bilateral agreements that specify and guarantee the conditions of investment should be maintained in force.
  The Commission should take the necessary steps towards a progressive replacement of all existing bilateral agreements on investment of Member States with new EU-wide agreements. [Am. 6] |
| --- | --- |

(5)

In the interest of EU investors and their investments in third countries, and of Member States hosting foreign investors and investments, bilateral agreements that specify and guarantee the conditions of investment should be maintained in force.
  The Commission should take the necessary steps towards a progressive replacement of all existing bilateral agreements on investment of Member States with new EU-wide agreements. [Am. 6]

| (6) | This Regulation lays down the conditions under which Member States should be authorised to maintain in force or to permit to enter into force international agreements relating to investment. |
| --- | --- |

(6)

This Regulation lays down the conditions under which Member States should be authorised to maintain in force or to permit to enter into force international agreements relating to investment.

| (7) | This Regulation lays down the conditions under which Member States are empowered to
  maintain,
  amend or conclude international agreements relating to investment. |
| --- | --- |

(7)

This Regulation lays down the conditions under which Member States are empowered to
  maintain,
  amend or conclude international agreements relating to investment.

| (8) | As the authorisation to maintain, amend or conclude agreements covered by this Regulation is granted in an area of exclusive Union competence, it must be regarded as
  a transitional
  measure. The authorisation is without prejudice to the application of Article 258 of the Treaty with respect to failures of Member States to fulfil obligations under the Treaties other than those concerning incompatibilities arising from the allocation of competences between the Union and its Member States.
  ▐ |
| --- | --- |

(8)

As the authorisation to maintain, amend or conclude agreements covered by this Regulation is granted in an area of exclusive Union competence, it must be regarded as
  a transitional
  measure. The authorisation is without prejudice to the application of Article 258 of the Treaty with respect to failures of Member States to fulfil obligations under the Treaties other than those concerning incompatibilities arising from the allocation of competences between the Union and its Member States.

▐

| (9) | The Commission should ▐ withdraw the authorisation
  of an agreement with a third country,
  if an
  investment
  agreement
  of the Union with the same third country negotiated by the Commission has already been ratified. The Commission may withdraw the authorisation of an agreement if it
  conflicts with the law of the Union other than the incompatibilities arising from the allocation of competence between the Union and its Member States
  on foreign direct investment, or if it constitutes a serious obstacle to the conclusion of future Union agreements with that third country
  relating to investment ▐. Finally, should the Council not take a decision on the authorisation to open negotiations concerning investment within one year of the submission of a recommendation by the Commission pursuant to Article 218(3) of the Treaty, the possibility would exist to withdraw the authorisation.
  ▐ |
| --- | --- |

(9)

The Commission should ▐ withdraw the authorisation
  of an agreement with a third country,
  if an
  investment
  agreement
  of the Union with the same third country negotiated by the Commission has already been ratified. The Commission may withdraw the authorisation of an agreement if it
  conflicts with the law of the Union other than the incompatibilities arising from the allocation of competence between the Union and its Member States
  on foreign direct investment, or if it constitutes a serious obstacle to the conclusion of future Union agreements with that third country
  relating to investment ▐. Finally, should the Council not take a decision on the authorisation to open negotiations concerning investment within one year of the submission of a recommendation by the Commission pursuant to Article 218(3) of the Treaty, the possibility would exist to withdraw the authorisation.

▐

| (10) | No later than
  ten
  years after the entry into force of this Regulation, the Commission should present to the European Parliament and the Council a report on the application of ▐ this Regulation. ▐ Unless replaced by an agreement of the Union concerning investment, or otherwise terminated, bilateral agreements concluded by Member States with third countries remain binding on the parties under public international law. |
| --- | --- |

(10)

No later than
  ten
  years after the entry into force of this Regulation, the Commission should present to the European Parliament and the Council a report on the application of ▐ this Regulation. ▐ Unless replaced by an agreement of the Union concerning investment, or otherwise terminated, bilateral agreements concluded by Member States with third countries remain binding on the parties under public international law.

| (11) | Agreements authorised under this Regulation or authorisations to open negotiations ▐ to conclude a new bilateral agreement with a third country should not in any case be allowed to constitute
  a serious
  obstacle to the
  conclusion of future Union agreements with that third country
  relating to investment ▐. |
| --- | --- |

(11)

Agreements authorised under this Regulation or authorisations to open negotiations ▐ to conclude a new bilateral agreement with a third country should not in any case be allowed to constitute
  a serious
  obstacle to the
  conclusion of future Union agreements with that third country
  relating to investment ▐.

| (12) | The European Parliament, the Council and the Commission should ensure that any information identified as confidential is treated in accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (2). |
| --- | --- |

(12)

The European Parliament, the Council and the Commission should ensure that any information identified as confidential is treated in accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (2).

| (13) | Agreements between Member States relating to investment
  are
  not covered by this Regulation. |
| --- | --- |

(13)

Agreements between Member States relating to investment
  are
  not covered by this Regulation.

| (14) | It is necessary to provide certain arrangements to ensure that agreements maintained pursuant to this Regulation remain operational, including as regards dispute settlement, while at the same time respecting the Union's exclusive competence. |
| --- | --- |

(14)

It is necessary to provide certain arrangements to ensure that agreements maintained pursuant to this Regulation remain operational, including as regards dispute settlement, while at the same time respecting the Union's exclusive competence.

| (15) | In order to ensure uniform conditions
  for the implementation of this Regulation,
  implementing powers should be conferred on the Commission. Those powers
  should be
  exercised
  in accordance with
  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (3), |
| --- | --- |

(15)

In order to ensure uniform conditions
  for the implementation of this Regulation,
  implementing powers should be conferred on the Commission. Those powers
  should be
  exercised
  in accordance with
  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (3),

HAVE ADOPTED THIS REGULATION:

CHAPTER I

Scope

Article 1

Subject matter and scope

This Regulation establishes the terms, conditions and the procedure under which Member States are authorised to maintain in force, amend or conclude bilateral agreements with third countries relating to investment.

CHAPTER II

Authorisation to maintain agreements in force

Article 2

Notification to the Commission

Within thirty days from the entry into force of this Regulation, the Member States shall notify the Commission of all bilateral agreements with third countries relating to investment concluded
  and/or signed
  before the entry into force of this Regulation that they either wish to maintain in force or permit to enter into force under this Chapter. The notification shall include a copy of those bilateral agreements.
  Member States shall also notify the Commission of future changes to the status of these agreements
  .

Article 3

Authorisation to maintain agreements in force

Notwithstanding the Union's competences relating to investment and without prejudice to other obligations of Member States under the law of the Union, Member States are authorised in accordance with Article 2(1) of the Treaty to maintain in force bilateral agreements relating to investment that have been notified in accordance with Article 2 of this Regulation.

Article 4

Publication

1.   Every twelve months the Commission shall publish in the Official Journal of the European Union a list of the agreements notified pursuant to Article 2 or Article 11(7).

2.   The first publication of the list of agreements referred to in paragraph 1 shall take place no later than three months after the deadline for notifications pursuant to Article 2.

Article 5

Review

1.   The Commission
  may
  review the agreements notified pursuant to Article 2 ▐ by assessing ▐ whether the agreements:

| (a) | conflict with the law of the Union other than the incompatibilities arising from the allocation of competences between the Union and its Member States
  on foreign direct investment
  , or
  ▐ |
| --- | --- |

(a)

conflict with the law of the Union other than the incompatibilities arising from the allocation of competences between the Union and its Member States
  on foreign direct investment
  , or

▐

| (b) | constitute
  a serious
  obstacle to the
  conclusion of future Union agreements with third countries
  relating to investment ▐. |
| --- | --- |

(b)

constitute
  a serious
  obstacle to the
  conclusion of future Union agreements with third countries
  relating to investment ▐.

▐

2.   No later than
  ten
  years after the entry into force of this Regulation, the Commission shall present to the European Parliament and the Council a report on the
  state of play of the review of existing bilateral investment agreements with third countries
  .

▐

Article 6

Withdrawal of authorisation

1.   
  The authorisation provided for in Article 3 shall be withdrawn where the Union has already ratified an agreement with the same third country relating to investment negotiated by the Commission.

The authorisation provided for in Article 3 may be withdrawn where:

| (a) | an agreement conflicts with the law of the Union other than the incompatibilities arising from the allocation of competence between the Union and its Member States
  on foreign direct investment
  , or
  ▐ |
| --- | --- |

(a)

an agreement conflicts with the law of the Union other than the incompatibilities arising from the allocation of competence between the Union and its Member States
  on foreign direct investment
  , or

▐

| (b) | an agreement constitutes
  a serious
  obstacle to the
  conclusion of future Union agreements with that third country
  relating to investment ▐, or |
| --- | --- |

(b)

an agreement constitutes
  a serious
  obstacle to the
  conclusion of future Union agreements with that third country
  relating to investment ▐, or

| (c) | the Council has not taken a decision on the authorisation to open negotiations on an agreement which overlaps, in part or in full, with an agreement notified under Article 2, within one year of the submission of a recommendation by the Commission pursuant to Article 218(3) of the Treaty. |
| --- | --- |

(c)

the Council has not taken a decision on the authorisation to open negotiations on an agreement which overlaps, in part or in full, with an agreement notified under Article 2, within one year of the submission of a recommendation by the Commission pursuant to Article 218(3) of the Treaty.

2.   When the Commission considers that there are grounds to withdraw the authorisation provided for in Article 3, it shall deliver a reasoned opinion to the Member State concerned ▐. Consultations shall take place between the Commission and the Member State concerned.
  Those consultations may include the possibility for Member States to renegotiate the agreement with the third country within an agreed period of time.

3.   Where the consultations referred to in paragraph 2 fail to resolve the matter
  within the given period of time
  , the Commission
  may
  withdraw the authorisation for the agreement concerned
  or, where appropriate, make a recommendation to the Council to authorise the negotiation of an agreement of the Union relating to investment in accordance with Article 207(3) of the Treaty
  . The Commission shall take a decision on the withdrawal of the authorisation in accordance with the procedure referred to in Article 15(2). It shall include a requirement that the Member State takes appropriate action, and where necessary terminate the relevant agreement.

4.   Where an authorisation is withdrawn, the Commission shall remove the agreement from the list referred to in Article 4.

CHAPTER III

Authorisation to amend or conclude agreements

Article 7

Authorisation to amend or conclude agreements

Subject to the conditions laid down in Articles 8 to 12, a Member State shall be authorised to enter into negotiations to amend an existing
  bilateral investment agreement with a third country
  or to conclude a new agreement relating to investment with a third country.

Article 8

Notification to the Commission

1.   Where a Member State intends to enter into negotiations in order to amend an existing
  bilateral investment agreement with a third country
  or to conclude a new agreement with a third country relating to investment, it shall notify the Commission of its intentions in writing.

2.   The notification shall include relevant documentation and an indication of the provisions to be addressed in the negotiations, the objectives of the negotiations and any other relevant information. In the case of amendments to an existing agreement, the notification shall indicate the provisions that are to be renegotiated.

3.   The Commission shall make the notification and, on request, the accompanying documentation, available to other Member States subject to the requirements of confidentiality laid down in Article 14.

4.
     
  Where a Member State intends to conclude a new agreement with a third country relating to investment, the Commission shall consult the other Member States within thirty days to determine whether there would be added value in having an agreement of the Union.

5.   The notification referred to in paragraph 1 shall be transmitted at least
  three
  calendar months before formal negotiations are to commence with the third country concerned.

6.   Where the information transmitted by the Member State is not sufficient for the purposes of authorising the opening of formal negotiations in accordance with Article 9, the Commission may request additional information.

Article 9

Authorisation to open formal negotiations

1.   The Commission shall authorise the opening of formal negotiations unless it concludes that the opening of negotiations would:

| (a) | be in conflict with the law of the Union other than the incompatibilities arising from the allocation of competence between the Union and its Member States
  on foreign direct investment
  , or |
| --- | --- |

(a)

be in conflict with the law of the Union other than the incompatibilities arising from the allocation of competence between the Union and its Member States
  on foreign direct investment
  , or

| (b) | undermine the objectives of negotiations underway ▐ between the Union and the third country concerned, or |
| --- | --- |

(b)

undermine the objectives of negotiations underway ▐ between the Union and the third country concerned, or

| (c) | not be in line with policies of the Union relating to investments, or |
| --- | --- |

(c)

not be in line with policies of the Union relating to investments, or

| (d) | constitute
  a serious
  obstacle to the
  conclusion of future Union agreements with that third country
  relating to investment ▐. |
| --- | --- |

(d)

constitute
  a serious
  obstacle to the
  conclusion of future Union agreements with that third country
  relating to investment ▐.

2.   As part of the authorisation referred to in paragraph 1, the Commission may require the Member State to include in such negotiation any appropriate clauses.

3.   Decisions on the authorisation referred to in paragraph 1 shall be taken in accordance with the procedure referred to in Article 15(2). The Commission shall take its decision within 90 days of receipt of the notification referred to in Article 8. Where additional information is needed to take a decision, the 90 days shall run from the date of receipt of the additional information.

4.
     
  If a simple majority of Member States indicate their interest, pursuant to Article 8(4), in concluding an investment agreement of the Union with the third country concerned, the Commission may withhold authorisation and instead propose a negotiating mandate to the Council in accordance with Article 207(3) of the Treaty. The Commission shall keep the European Parliament immediately and fully informed at all the stages of the procedure.

When making its decision the Commission shall take into consideration the geographical priorities of the Union's investment strategy and the capacity of the Commission to negotiate a new agreement of the Union with the third country concerned.

Article 10

Participation of the Commission in negotiations

The Commission shall be kept informed of the progress and results throughout the different stages of negotiations and may request to participate in the negotiations between the Member State and the third country concerning investment.
  The Commission may participate as an observer in the negotiations between the Member State and the third country as far as the exclusive competence of the Union is concerned.

Article 11

Authorisation to sign and conclude an agreement

1.   Before signing an agreement, the Member State concerned shall notify the Commission of the outcome of negotiations and shall transmit the text of the agreement to the Commission.

2.   The notification duty provided for in paragraph 1 shall include agreements which were negotiated prior to the entry into force of this Regulation but not concluded and therefore not subject to the notification duty provided for in Article 2.

3.   Upon notification the Commission shall make an assessment as to whether the negotiated agreement does not
  conflict with the requirements under Article 9 paragraphs 1 and 2, which have been communicated to the Member State by the Commission.

4.   Where the Commission finds that the negotiations have resulted in an agreement which does not fulfil the requirements referred to in paragraph 3, the Member State shall not be authorised to sign and conclude the agreement.

5.   Where the Commission finds that the negotiations have resulted in an agreement which fulfils the requirements referred to in paragraph 3, the Member State shall be authorised to sign and conclude the agreement.

6.   Decisions pursuant to paragraphs 4 and 5 shall be taken in accordance with the procedure referred to in Article 15(2). The Commission shall take the decision within
  60 days
  of receipt of the notifications referred to in paragraphs 1 and 2. Where additional information is needed to take the decision, the
  60 days
  shall run from the date of receipt of the additional information.

7.   Where an authorisation has been granted in accordance with paragraph 5, the Member State concerned shall notify the Commission of the conclusion and entry into force of the agreement.

8.
     
  Where the Commission decides to negotiate a bilateral investment agreement or a foreign direct investment agreement with a third country, it shall duly notify all Member States about its intention and the scope of the new agreement.

Article 12

Review

1.   No later than
  ten
  years after the entry into force of this Regulation, the Commission shall present to the European Parliament and the Council a report on the application of this Chapter which shall review the need for a continued application of
  this Regulation and any of its Chapters
  .

2.   The report referred to in paragraph 1 shall include an overview of authorisations requested and granted under this
  Regulation
  .

▐

CHAPTER IV

Final provisions

Article 13

Conduct of Member States with regard to agreements with a third country

1.   For all agreements falling within the scope of this Regulation, the Member State concerned shall inform the Commission without undue delay of all meetings which take place under the provisions of the agreement. The Commission shall be provided with the agenda and all relevant information permitting an understanding of the topics to be discussed. The Commission may request further information from the Member State concerned. Where an issue to be discussed might affect the implementation of the Union's policies relating to investment, including in particular the common commercial policy, the Commission can require the Member State concerned to take a particular position.

2.   For all agreements falling within the scope of this Regulation, the Member State concerned shall inform the Commission without undue delay of any representations made to it that a particular measure is inconsistent with the agreement. The Member State shall also immediately inform the Commission of any request for dispute settlement lodged under the auspices of the agreement as soon as the Member State becomes aware of the request. The Member State and the Commission shall fully cooperate and take all necessary measures to ensure an effective defence which may include, where appropriate, that the Commission participates in the procedure.

3.   For all agreements falling within the scope of this Regulation, the Member State concerned shall seek the agreement of the Commission before activating any relevant mechanisms for dispute settlement
  against a third country
  included in the agreement and shall, where requested by the Commission, activate such mechanisms. Such mechanisms shall include consultations with the other party to the agreement and dispute settlement where provided for in the agreement. The Member State and the Commission shall fully cooperate in the conduct of procedures within the relevant mechanisms, which may include, where appropriate, that the Commission participates in the relevant procedures.

Article 14

Confidentiality

In notifying the Commission of negotiations and their outcome in accordance with Articles 8 and 11, Member States may indicate whether any of the information provided is to be considered confidential and whether it can be shared with other Member States.

Article 15

Committee

1.   The Commission shall be assisted by the Advisory Committee for the Management of Transitional Arrangements on International Investment Agreements.
  That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph,
  Article 4 of Regulation (EU) No 182/2011
  shall apply.

Article 16

Entry into force

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

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

Done at

For the European Parliament

The President

For the Council

The President

---

(1)  Position of the European Parliament of 10 May 2011.

1

(2)  OJ L 145, 31.5.2001, p. 43.

2

(3)  

  OJ L 55, 28.2.2011, p. 13.

3

OJ L 55, 28.2.2011, p. 13.

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/211 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/211

---

Tuesday 10 May 2011Further macro-financial assistance for Georgia ***I

P7_TA(2011)0207

European Parliament legislative resolution of 10 May 2011 on the proposal for a decision of the European Parliament and of the Council providing further macro-financial assistance to Georgia (COM(2010)0804 – C7-0019/2011 – 2010/0390(COD))

2012/C 377 E/34

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0804), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0804),

| — | having regard to Article 294(2) and Article 212(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0019/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 212(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0019/2011),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 and 46(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 and 46(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on International Trade (A7-0053/2011), |
| --- | --- |

—

having regard to the report of the Committee on International Trade (A7-0053/2011),

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

1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

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

---

Tuesday 10 May 2011P7_TC1-COD(2010)0390

Position of the European Parliament adopted at first reading on 10 May 2011 with a view to the adoption of Decision No .../2011/EU of the European Parliament and of the Council providing further macro-financial assistance to Georgia

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212(2) thereof,

Having regard to the proposal from the European Commission,

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

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

Whereas:

| (1) | Relations between Georgia and the European Union are developing within the framework of the European Neighbourhood Policy. In 2006, the Community and Georgia agreed on a European Neighbourhood Policy Action Plan identifying medium-term priorities in EU-Georgia relations. In 2010, the Union and Georgia launched the negotiations of an Association Agreement that is expected to replace the existing Partnership and Cooperation Agreement. The framework of EU-Georgia relations is further enhanced by the newly launched Eastern Partnership. |
| --- | --- |

(1)

Relations between Georgia and the European Union are developing within the framework of the European Neighbourhood Policy. In 2006, the Community and Georgia agreed on a European Neighbourhood Policy Action Plan identifying medium-term priorities in EU-Georgia relations. In 2010, the Union and Georgia launched the negotiations of an Association Agreement that is expected to replace the existing Partnership and Cooperation Agreement. The framework of EU-Georgia relations is further enhanced by the newly launched Eastern Partnership.

| (2) | The extraordinary European Council meeting on 1 September 2008 confirmed the Union's willingness to strengthen EU-Georgia relations in the aftermath of the armed conflict in August 2008 between Georgia and the Russian Federation. |
| --- | --- |

(2)

The extraordinary European Council meeting on 1 September 2008 confirmed the Union's willingness to strengthen EU-Georgia relations in the aftermath of the armed conflict in August 2008 between Georgia and the Russian Federation.

| (3) | The Georgian economy has been affected by the international financial crisis since the third quarter of 2008, with declining output, falling fiscal revenues and rising external financing needs. |
| --- | --- |

(3)

The Georgian economy has been affected by the international financial crisis since the third quarter of 2008, with declining output, falling fiscal revenues and rising external financing needs.

| (4) | At the International Donors' Conference held on 22 October 2008 the international community pledged support to Georgia's economic recovery in line with the Joint Needs Assessment carried out by the United Nations and the World Bank. |
| --- | --- |

(4)

At the International Donors' Conference held on 22 October 2008 the international community pledged support to Georgia's economic recovery in line with the Joint Needs Assessment carried out by the United Nations and the World Bank.

| (5) | The Union announced that it would provide up to EUR 500 million as financial assistance to Georgia. |
| --- | --- |

(5)

The Union announced that it would provide up to EUR 500 million as financial assistance to Georgia.

| (6) | The Georgian economic adjustment and recovery is supported by financial assistance from the International Monetary Fund (IMF). In September 2008, the Georgian authorities agreed with the IMF on a Stand-By Arrangement of USD 750 million to support the Georgian economy to achieve the necessary adjustment to the economic crisis. |
| --- | --- |

(6)

The Georgian economic adjustment and recovery is supported by financial assistance from the International Monetary Fund (IMF). In September 2008, the Georgian authorities agreed with the IMF on a Stand-By Arrangement of USD 750 million to support the Georgian economy to achieve the necessary adjustment to the economic crisis.

| (7) | Following a further deterioration in the economic situation in Georgia and a necessary revision of the IMF programme's underlying economic assumptions as well as higher external financing needs, an agreement was reached between Georgia and the IMF for an increase by USD 424 million of the Stand-By Arrangement, which was approved in August 2009 by the IMF Board. |
| --- | --- |

(7)

Following a further deterioration in the economic situation in Georgia and a necessary revision of the IMF programme's underlying economic assumptions as well as higher external financing needs, an agreement was reached between Georgia and the IMF for an increase by USD 424 million of the Stand-By Arrangement, which was approved in August 2009 by the IMF Board.

| (8) | The Union intends to provide, in 2010-2012, under the European Neighbourhood and Partnership Instrument (ENPI), budget support grants of a total of EUR 37 million per year. |
| --- | --- |

(8)

The Union intends to provide, in 2010-2012, under the European Neighbourhood and Partnership Instrument (ENPI), budget support grants of a total of EUR 37 million per year.

| (9) | Georgia has requested Union macro-financial assistance in view of the deteriorating economic situation and outlook. |
| --- | --- |

(9)

Georgia has requested Union macro-financial assistance in view of the deteriorating economic situation and outlook.

| (10) | Given that there is still a residual financing gap in Georgia's balance of payments, macro-financial assistance is considered an appropriate response to Georgia's request under the current exceptional circumstances to support economic stabilisation in conjunction with the current IMF programme. |
| --- | --- |

(10)

Given that there is still a residual financing gap in Georgia's balance of payments, macro-financial assistance is considered an appropriate response to Georgia's request under the current exceptional circumstances to support economic stabilisation in conjunction with the current IMF programme.

| (11) | The Union macro-financial assistance to be provided to Georgia (hereinafter "the Union macro-financial assistance") should not merely supplement programmes and resources from the IMF and the World Bank, but should ensure the added value of Union involvement. |
| --- | --- |

(11)

The Union macro-financial assistance to be provided to Georgia (hereinafter "the Union macro-financial assistance") should not merely supplement programmes and resources from the IMF and the World Bank, but should ensure the added value of Union involvement.

| (12) | The Commission should ensure that the Union macro-financial assistance is legally and substantially in line with the measures taken within the different areas of external action and other relevant Union policies. |
| --- | --- |

(12)

The Commission should ensure that the Union macro-financial assistance is legally and substantially in line with the measures taken within the different areas of external action and other relevant Union policies.

| (13) | The specific objectives of the Union macro-financial assistance should strengthen efficiency, transparency and accountability. Those objectives should be regularly monitored by the Commission. |
| --- | --- |

(13)

The specific objectives of the Union macro-financial assistance should strengthen efficiency, transparency and accountability. Those objectives should be regularly monitored by the Commission.

| (14) | The conditions underlying the provision of the Union macro-financial assistance should reflect the key principles and objectives of the Union’s policy towards Georgia. |
| --- | --- |

(14)

The conditions underlying the provision of the Union macro-financial assistance should reflect the key principles and objectives of the Union’s policy towards Georgia.

| (15) | In order to ensure efficient protection of the Union’s financial interests linked to its macro-financial assistance, it is necessary that Georgia adopt appropriate measures relating to the prevention of, and the fight against, fraud, corruption and any other irregularities linked to that assistance. It is also necessary that the Commission provide for appropriate controls and that the Court of Auditors provide for appropriate audits. |
| --- | --- |

(15)

In order to ensure efficient protection of the Union’s financial interests linked to its macro-financial assistance, it is necessary that Georgia adopt appropriate measures relating to the prevention of, and the fight against, fraud, corruption and any other irregularities linked to that assistance. It is also necessary that the Commission provide for appropriate controls and that the Court of Auditors provide for appropriate audits.

| (16) | The release of the Union macro-financial assistance is without prejudice to the powers of the Union's budgetary authority. |
| --- | --- |

(16)

The release of the Union macro-financial assistance is without prejudice to the powers of the Union's budgetary authority.

| (17) | The Union macro-financial assistance should be managed by the Commission. In order to ensure that the European Parliament and the Economic and Financial Committee are able to follow the implementation of this Decision, the Commission should regularly inform them of developments relating to the Union macro-financial assistance and provide them with relevant documents. |
| --- | --- |

(17)

The Union macro-financial assistance should be managed by the Commission. In order to ensure that the European Parliament and the Economic and Financial Committee are able to follow the implementation of this Decision, the Commission should regularly inform them of developments relating to the Union macro-financial assistance and provide them with relevant documents.

| (18) | In order to ensure uniform conditions for the implementation of this Decision,
  implementing powers
  should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers

   (2)

  , [Am.1] |
| --- | --- |

(18)

In order to ensure uniform conditions for the implementation of this Decision,
  implementing powers
  should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers

   (2)

  , [Am.1]

HAVE ADOPTED THIS DECISION:

Article 1

1.   The Union shall make macro-financial assistance available to Georgia, of a maximum amount of EUR 46 million, with a view to supporting Georgia's economic stabilisation and covering its balance of payments needs, as identified in the current IMF programme. Of that maximum amount, up to EUR 23 million shall be provided in the form of grants and up to EUR 23 million in the form of loans. The release of the Union macro-financial assistance shall be subject to the approval of the European Union Budget for 2011 by the Union's budgetary authority.

2.   The Commission shall be empowered to borrow the necessary resources on behalf of the Union in order to finance the loan component of the Union macro-financial assistance. The loan shall have a maximum maturity of 15 years.

3.   The release of the Union macro-financial assistance shall be managed by the Commission in a manner consistent with the agreements or understandings reached between the IMF and Georgia and with the key principles and objectives of economic reform set out in the EU-Georgia Partnership and Cooperation Agreement. The Commission shall regularly inform the European Parliament and the Economic and Financial Committee of developments in the management of the Union macro-financial assistance and provide them with relevant documents.

4.   The Union macro-financial assistance shall be made available for two years and six months starting from the first day after the entry into force of the Memorandum of Understanding referred to in Article 2(1).

Article 2

1.   The Commission shall
  adopt, by means of implementing acts, a Memorandum of Understanding containing
  the economic policy and financial conditions
  to which
  the Union macro-financial assistance
  is subject, including
  a timeframe for
  meeting those conditions. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 6(2).

The
  economic policy and financial
  conditions
  set out in the Memorandum of Understanding
  shall be consistent with the agreements or understandings referred to in Article 1(3). Those conditions shall aim, in particular, at strengthening the efficiency, transparency and accountability of the Union macro-financial assistance, including public finance management systems in Georgia. Progress in attaining those objectives shall be regularly monitored by the Commission. The detailed financial terms of the Union macro-financial assistance shall be laid down in the Grant Agreement and the Loan Agreement to be agreed between the Commission and the Georgian authorities. [Am.2]

2.   During the implementation of the Union macro-financial assistance, the Commission shall monitor the soundness of Georgia's financial arrangements, the administrative procedures and the internal and external control mechanisms which are relevant to such assistance and compliance with the agreed timeframe.

3.   The Commission shall verify at regular intervals that Georgia's economic policies are in accordance with the objectives of the Union macro-financial assistance and that the agreed economic policy conditions are being satisfactorily fulfilled. In undertaking such verification, the Commission shall coordinate closely with the IMF and the World Bank, and, where required, the Economic and Financial Committee.

Article 3

1.   Subject to the conditions of paragraph 2, the Union macro-financial assistance to Georgia shall be made available by the Commission in two instalments, each of them consisting of a grant and a loan element. The size of each instalment shall be laid down in the Memorandum of Understanding.

2.   The Commission shall decide on the release of the instalments subject to satisfactory implementation of the economic policy conditions agreed in the Memorandum of Understanding. The disbursement of the second instalment shall take place no earlier than three months after the release of the first instalment.

3.   The Union funds shall be paid to the National Bank of Georgia. Subject to provisions to be agreed in the Memorandum of Understanding, including a confirmation of residual budgetary financing needs, the Union funds may be transferred to the Treasury of Georgia as the final beneficiary.

Article 4

1.   The borrowing and lending operations related to the loan component of the Union macro-financial assistance shall be carried out in euro using the same value date and shall not involve the Union in the transformation of maturities, in any exchange or interest rate risks or in any other commercial risk.

2.   The Commission shall take the necessary steps, if Georgia so requests, to ensure that an early repayment clause is included in the terms and conditions of the loan and that it is matched by a corresponding clause in the terms and conditions of the borrowing operations.

3.   At the request of Georgia, and where circumstances permit an improvement of the interest rate of the loan, the Commission may refinance all or part of its initial loan or restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average maturity of the loan concerned or increasing the amount of capital outstanding at the date of the refinancing or restructuring.

4.   All costs incurred by the Union which are related to the borrowing and lending operations under this Decision shall be borne by Georgia.

5.   The European Parliament and the Economic and Financial Committee shall be kept informed of developments in the operations referred to in paragraphs 2 and 3.

Article 5

Union macro-financial assistance shall be implemented in accordance with the provisions of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) and its implementing rules (4). In particular, the Memorandum of Understanding, the Loan Agreement and the Grant Agreement to be agreed with the Georgian authorities shall provide for specific measures to be implemented by Georgia in relation to the prevention of, and the fight against, fraud, corruption and other irregularities affecting the Union macro-financial assistance. In order to ensure greater transparency in the management and disbursement of funds, the Memorandum of Understanding, the Loan Agreement and the Grant Agreement shall also provide for controls, including on-the-spot checks and inspections, to be carried out by the Commission, including the European Anti-Fraud Office. Those documents shall, in addition, provide for audits, including where appropriate on-the-spot audits, by the Court of Auditors.

Article 6

1.   The Commission shall be assisted by a committee.
  That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph,
  Article 4 of Regulation (EU) No 182/2011
  shall apply. [Am.3]

Article 7

1.   By 30 June of each year, the Commission shall submit to the European Parliament and to the Council a report on the implementation of this Decision in the preceding calendar year, including an evaluation thereof. The report shall indicate the connection between the economic policy conditions as laid down in the Memorandum of Understanding, Georgia’s on-going economic and fiscal performance and the Commission’s decisions to release the instalments of the Union macro-financial assistance.

2.   No later than two years after the expiry of the availability period referred to in Article 1(4), the Commission shall submit to the European Parliament and to the Council an ex post evaluation report.

Article 8

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

Done at

For the European Parliament

The President

For the Council

The President

---

(1)  Position of the European Parliament of 10 May 2011.

1

(2)  

  OJ L 55, 28.2.2011, p. 13.

2

OJ L 55, 28.2.2011, p. 13.

(3)  OJ L 248, 16.9.2002, p. 1.

3

(4)  Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 357, 31.12.2002, p. 1).

4

---

Wednesday 11 May 2011

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/216 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/216

---

Wednesday 11 May 2011Indications or marks identifying the lot to which a foodstuff belongs ***I

P7_TA(2011)0208

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs (codified text) (COM(2010)0506 – C7-0285/2010 – 2010/0259(COD))

2012/C 377 E/35

(Ordinary legislative procedure – codification)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0506), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0506),

| — | having regard to Article 294(2) and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0285/2010), |
| --- | --- |

—

having regard to Article 294(2) and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0285/2010),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 8 December 2010 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 8 December 2010 (1),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2),

| — | having regard to Rules 86 and 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 86 and 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A7-0095/2011), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A7-0095/2011),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

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

1.

Adopts its position at first reading, hereinafter set out;

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

2.

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

---

(1)  OJ C 54, 19.2.2011, p. 34.

(2)  OJ C 102, 4.4.1996, p. 2.

---

Wednesday 11 May 2011P7_TC1-COD(2010)0259

Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs (codification)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2011/91/EU.)

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/217 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/217

---

Wednesday 11 May 2011Units of measurement (codification) ***I

P7_TA(2011)0209

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws of the Member States relating to units of measurement (codified text) (COM(2010)0507 – C7-0287/2010 – 2010/0260(COD))

2012/C 377 E/36

(Ordinary Legislative Procedure - Codification)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0507), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0507),

| — | having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0287/2010), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0287/2010),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 8 December 2010 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 8 December 2010 (1),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2),

| — | having regard to Rules 86 and 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 86 and 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A7-0089/2011), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A7-0089/2011),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

---

(1)  OJ C 54, 19.2.2011, p. 31.

(2)  OJ C 102, 4.4.1996, p. 2.

---

Wednesday 11 May 2011P7_TC1-COD(2010)0260

Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the approximation of the laws of the Member States relating to units of measurement (Codification)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified. |
| --- | --- |

(1)

Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

| (2) | Units of measurement are essential in the use of all measuring instruments, to express measurements or any indication of quantity. Units of measurement are used in most fields of human activity. It is necessary to ensure the greatest possible clarity in their use. It is therefore necessary to make rules for their use within the Union for economic, public health, public safety or administrative purposes. |
| --- | --- |

(2)

Units of measurement are essential in the use of all measuring instruments, to express measurements or any indication of quantity. Units of measurement are used in most fields of human activity. It is necessary to ensure the greatest possible clarity in their use. It is therefore necessary to make rules for their use within the Union for economic, public health, public safety or administrative purposes.

| (3) | Units of measurement are the subject of international resolutions adopted by the General Conference of Weights and Measures (CGPM) set up by the Metre Convention signed in Paris on 20 May 1875, to which all the Member States adhere. The ‘International System of Units’ (SI) was drawn up as a result of those resolutions. |
| --- | --- |

(3)

Units of measurement are the subject of international resolutions adopted by the General Conference of Weights and Measures (CGPM) set up by the Metre Convention signed in Paris on 20 May 1875, to which all the Member States adhere. The ‘International System of Units’ (SI) was drawn up as a result of those resolutions.

| (4) | There exist international conventions or agreements in the field of international transport which bind the Union or the Member States. Those conventions or agreements have to be respected. |
| --- | --- |

(4)

There exist international conventions or agreements in the field of international transport which bind the Union or the Member States. Those conventions or agreements have to be respected.

| (5) | Given the local character of certain exemptions still being applied in the United Kingdom and Ireland in respect of units of measurement and the limited number of products concerned, maintaining those exemptions would not result in a non-tariff barrier to trade and, as a consequence, there is no need to put an end to those exemptions. |
| --- | --- |

(5)

Given the local character of certain exemptions still being applied in the United Kingdom and Ireland in respect of units of measurement and the limited number of products concerned, maintaining those exemptions would not result in a non-tariff barrier to trade and, as a consequence, there is no need to put an end to those exemptions.

| (6) | Certain third countries do not accept onto their market products marked exclusively in the legal units of measurement established by this Directive. Companies exporting their products to those countries will be disadvantaged if supplementary indications are disallowed. Supplementary indications in non-legal units of measurement should therefore continue to be authorised. |
| --- | --- |

(6)

Certain third countries do not accept onto their market products marked exclusively in the legal units of measurement established by this Directive. Companies exporting their products to those countries will be disadvantaged if supplementary indications are disallowed. Supplementary indications in non-legal units of measurement should therefore continue to be authorised.

| (7) | Such supplementary indications could also allow the gradual and smooth introduction of new metric units which may be developed at the international level. |
| --- | --- |

(7)

Such supplementary indications could also allow the gradual and smooth introduction of new metric units which may be developed at the international level.

| (8) | However, the systematic application of supplementary indications for all measuring instruments, including for medical instruments, is not necessarily desirable. The Member States should therefore be able to require that, on their territory, measuring instruments bear indications of quantity in a single legal unit of measurement. |
| --- | --- |

(8)

However, the systematic application of supplementary indications for all measuring instruments, including for medical instruments, is not necessarily desirable. The Member States should therefore be able to require that, on their territory, measuring instruments bear indications of quantity in a single legal unit of measurement.

| (9) | This Directive does not affect the continued manufacture of products already on the market before the date of application of Directive 80/181/EEC. It does, however, affect the placing on the market and use of products and equipment bearing indications of quantity in units of measurement which are no longer legal units of measurement, when such products and equipment are necessary to supplement or replace components or parts of such products, equipment and instruments already on the market. It is therefore necessary for Member States to authorise the placing on the market and the use of such products and equipment to complete and replace components, even when they bear indications of quantity in units of measurement which are no longer legal units of measurement, so that products, equipment or instruments already on the market may continue to be used. |
| --- | --- |

(9)

This Directive does not affect the continued manufacture of products already on the market before the date of application of Directive 80/181/EEC. It does, however, affect the placing on the market and use of products and equipment bearing indications of quantity in units of measurement which are no longer legal units of measurement, when such products and equipment are necessary to supplement or replace components or parts of such products, equipment and instruments already on the market. It is therefore necessary for Member States to authorise the placing on the market and the use of such products and equipment to complete and replace components, even when they bear indications of quantity in units of measurement which are no longer legal units of measurement, so that products, equipment or instruments already on the market may continue to be used.

| (10) | This Directive supports the smooth functioning of the internal market through the harmonisation of units of measurement which it prescribes. In this context, it is appropriate that the Commission monitor market developments relating to this Directive and its implementation, notably as concerns possible obstacles to the functioning of the internal market and any further harmonisation required to overcome those obstacles. |
| --- | --- |

(10)

This Directive supports the smooth functioning of the internal market through the harmonisation of units of measurement which it prescribes. In this context, it is appropriate that the Commission monitor market developments relating to this Directive and its implementation, notably as concerns possible obstacles to the functioning of the internal market and any further harmonisation required to overcome those obstacles.

| (11) | It is appropriate that the Commission continue to strongly pursue, in the context of its third-country trade relations, including the Transatlantic Economic Council, the acceptance in third-country markets of products labelled only in SI units. |
| --- | --- |

(11)

It is appropriate that the Commission continue to strongly pursue, in the context of its third-country trade relations, including the Transatlantic Economic Council, the acceptance in third-country markets of products labelled only in SI units.

| (12) | This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B, |
| --- | --- |

(12)

This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

The legal units of measurement within the meaning of this Directive which must be used for expressing quantities shall be:

| (a) | those listed in Chapter I of Annex I; |
| --- | --- |

(a)

those listed in Chapter I of Annex I;

| (b) | those listed in Chapter II of Annex I only in those Member States where they were authorised on 21 April 1973. |
| --- | --- |

(b)

those listed in Chapter II of Annex I only in those Member States where they were authorised on 21 April 1973.

Article 2

1.   The obligations arising under Article 1 relate to measuring instruments used, measurements made and indications of quantity expressed in units of measurement.

2.   This Directive shall not affect the use in the field of air and sea transport and rail traffic of units of measurement, other than those made compulsory by this Directive, which have been laid down in international conventions or agreements binding the Union or the Member States.

Article 3

1.   For the purposes of this Directive ‘supplementary indication’ means one or more indications of quantity expressed in units of measurement not contained in Chapter I of Annex I accompanying an indication of quantity expressed in a unit of measurement contained in that Chapter.

2.   The use of supplementary indications shall be authorised.

However, Member States may require that measuring instruments bear indications of quantity in a single legal unit of measurement.

3.   The indication expressed in a unit of measurement listed in Chapter I of Annex I shall predominate. In particular, the indications expressed in units of measurement not listed in Chapter I shall be expressed in characters no larger than those of the corresponding indication in units of measurement listed in Chapter I.

Article 4

The use of units of measurement which are not or are no longer legal shall be authorised for:

| (a) | products and equipment already on the market and/or in service on 20 December 1979; |
| --- | --- |

(a)

products and equipment already on the market and/or in service on 20 December 1979;

| (b) | components and parts of products and of equipment necessary to supplement or replace components or parts of the products and equipment referred to in point (a). |
| --- | --- |

(b)

components and parts of products and of equipment necessary to supplement or replace components or parts of the products and equipment referred to in point (a).

However, the use of legal units of measurement may be required for the indicators of measuring instruments.

Article 5

Issues concerning the implementation of this Directive and, in particular, the matter of supplementary indications shall be further examined, and if necessary the appropriate measures shall be adopted in accordance with the procedure referred to in Article 17 of Directive 2009/34/EC of the European Parliament and of the Council of 23 April 2009 relating to common provisions for both measuring instruments and methods of metrological control (5).

Article 6

The Commission shall monitor market developments relating to this Directive and its implementation with regard to the smooth functioning of the internal market and international trade and shall submit a report on those developments, accompanied by proposals where appropriate, to the European Parliament and to the Council by 31 December 2019.

Article 7

Member States shall ensure that the Commission is informed, in sufficient time to enable it to submit its comments, of any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive.

Article 8

Directive 80/181/EEC, as amended by the Directives listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.

Article 9

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

Article 10

This Directive is addressed to the Member States.

Done at

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 54, 19.2.2011, p. 31.

1

(2)  Position of the European Parliament of 11 May 2011.

2

(3)  OJ L 39, 15.2.1980, p. 40.

3

(4)  See Annex II, Part A.

4

(5)  OJ L 106, 28.4.2009, p. 7.

5

Wednesday 11 May 2011ANNEX I

CHAPTER I

LEGAL UNITS OF MEASUREMENT REFERRED TO IN ARTICLE 1(a)

1.   SI UNITS AND THEIR DECIMAL MULTIPLES AND SUBMULTIPLES

1.1.   SI base units

| Quantity | Unit |
| --- | --- |
| Name | Symbol |
| Length | metre | m |
| Mass | kilogram | kg |
| Time | second | s |
| Electric current | ampere | A |
| Thermodynamic temperature | kelvin | K |
| Amount of substance | mole | mol |
| Luminous intensity | candela | cd |

Quantity

Unit

Name

Symbol

Length

metre

m

Mass

kilogram

kg

Time

second

s

Electric current

ampere

A

Thermodynamic temperature

kelvin

K

Amount of substance

mole

mol

Luminous intensity

candela

cd

Definitions of SI base units:

Unit of length

A metre is the length of the path travelled in a vacuum by light during 1/299 792 458 seconds.

(Seventeenth CGPM (1983), Resolution 1).

Unit of mass

A kilogram is a unit of mass; it is equal to the mass of the international prototype of the kilogram.

(Third CGPM (1901), page 70 of the conference report).

Unit of time

A second is the duration of 9 192 631 770 periods of the radiation corresponding to the transition between the two hyperfine levels of the ground state of the caesium-133 atom.

(Thirteenth CGPM (1967), Resolution 1).

Unit of electric current

An ampere is a constant current which, if maintained in two straight parallel conductors of infinite length, of negligible circular cross-section, and placed one metre apart in a vacuum, would produce between those conductors a force equal to 2 × 10-7 newton per metre of length.

(International Committee of Weights and Meaures (CIPM) (1946), Resolution 2, approved by the ninth CGPM (1948)).

Unit of thermodynamic temperature

A kelvin, unit of thermodynamic temperature, is the fraction 1/273,16 of the thermodynamic temperature of the triple point of water.

This definition refers to water having the isotopic composition defined by the following amount-of-substance ratios: 0,00015576 mole of 2H per mole of 1H, 0,0003799 mole of 17O per mole of 16O and 0,0020052 mole of 18O per mole of 16O.

(Thirteenth CGPM (1967), Resolution 4 and Twenty-third CGPM (2007), Resolution 10).

Unit of amount of substance

A mole is the amount of substance of a system which contains as many elementary entities as there are atoms in 0,012 kilogram of carbon 12.

When the mole is used, the elementary entities must be specified and may be atoms, molecules, ions, electrons, other particles, or specified groups of such particles.

(Fourteenth CGPM (1971), Resolution 3).

Unit of luminous intensity

A candela is the luminous intensity, in a given direction, of a source that emits monochromatic radiation of frequency of 540 × 1012 hertz and that has a radiant intensity in that direction of (1/683) watt per steradian.

(Sixteenth CGPM (1979), Resolution 3).

1.1.1.   Special name and symbol of the SI derived unit of temperature for expressing Celsius temperature

| Quantity | Unit |
| --- | --- |
| Name | Symbol |
| Celsius temperature | degree Celsius | °C |

Quantity

Unit

Name

Symbol

Celsius temperature

degree Celsius

°C

Celsius temperature t is defined as the difference t = T - T0
  between the two thermodynamic temperatures T and T0
  where T0
  = 273,15 K. An interval or difference of temperature may be expressed either in kelvins or in degrees Celsius. The unit ‘degree Celsius’ is equal to the unit ‘kelvin’.

1.2.   SI derived units

1.2.1.   General rule for SI derived units

Units derived coherently from SI base units are given as algebraic expressions in the form of products of powers of the SI base units with a numerical factor equal to 1.

1.2.2.   SI derived units with special names and symbols

| Quantity | Unit | Expression |
| --- | --- | --- |
| Name | Symbol | In terms of other SI units | In terms of SI base |
| Plane angle | radian | rad | | m · m–1 |
| Solid angle | steradian | sr | | m2 · m–2 |
| Frequency | hertz | Hz | | s-1 |
| Force | newton | N | | m · kg · s-2 |
| Pressure, stress | pascal | Pa | N · m-2 | m-1 · kg · s-2 |
| Energy, work; quantity of heat | joule | J | N · m | m2 · kg · s-2 |
| Power (1), radiant flux | watt | W | J · s-1 | m2 · kg · s-3 |
| Quantity of electricity, electric charge | coulomb | C | | s · A |
| Electric potential, potential difference, electromotive force | volt | V | W · A-1 | m2 · kg · s-3 · A-1 |
| Electric resistance | ohm | Ω | V · A-1 | m2 · kg · s-3 · A-2 |
| Conductance | siemens | S | A · V-1 | m-2 · kg-1 · s3 · A2 |
| Capacitance | farad | F | C · V-1 | m-2 · kg-1 · s4 · A2 |
| Magnetic flux | weber | Wb | V · s | m2 · kg · s-2 · A-1 |
| Magnetic flux density | tesla | T | Wb · m-2 | kg · s-2 · A-1 |
| Inductance | henry | H | Wb · A-1 | m2 · kg · s-2 · A-2 |
| Luminous flux | lumen | lm | cd · sr | cd |
| Illuminance | lux | lx | lm · m-2 | m-2 · cd |
| Activity (of a radionuclide) | becquerel | Bq | | s-1 |
| Absorbed dose, specific energy imparted, kerma, absorbed dose index | gray | Gy | J · kg-1 | m2 · s-2 |
| Dose equivalent | sievert | Sv | J · kg-1 | m2 · s-2 |
| Catalytic activity | katal | kat | | mol · s–1 |

Quantity

Unit

Expression

Name

Symbol

In terms of other SI units

In terms of SI base

Plane angle

radian

rad

m · m–1

Solid angle

steradian

sr

m2 · m–2

Frequency

hertz

Hz

s-1

Force

newton

N

m · kg · s-2

Pressure, stress

pascal

Pa

N · m-2

m-1 · kg · s-2

Energy, work; quantity of heat

joule

J

N · m

m2 · kg · s-2

Power (1), radiant flux

watt

W

J · s-1

m2 · kg · s-3

Quantity of electricity, electric charge

coulomb

C

s · A

Electric potential, potential difference, electromotive force

volt

V

W · A-1

m2 · kg · s-3 · A-1

Electric resistance

ohm

Ω

V · A-1

m2 · kg · s-3 · A-2

Conductance

siemens

S

A · V-1

m-2 · kg-1 · s3 · A2

Capacitance

farad

F

C · V-1

m-2 · kg-1 · s4 · A2

Magnetic flux

weber

Wb

V · s

m2 · kg · s-2 · A-1

Magnetic flux density

tesla

T

Wb · m-2

kg · s-2 · A-1

Inductance

henry

H

Wb · A-1

m2 · kg · s-2 · A-2

Luminous flux

lumen

lm

cd · sr

cd

Illuminance

lux

lx

lm · m-2

m-2 · cd

Activity (of a radionuclide)

becquerel

Bq

s-1

Absorbed dose, specific energy imparted, kerma, absorbed dose index

gray

Gy

J · kg-1

m2 · s-2

Dose equivalent

sievert

Sv

J · kg-1

m2 · s-2

Catalytic activity

katal

kat

mol · s–1

Units derived from SI base units may be expressed in terms of the units listed in Chapter I.

In particular, derived SI units may be expressed by the special names and symbols given in the above table; for example, the SI unit of dynamic viscosity may be expressed as m-1 · kg · s-1 or N · s · m-2 or Pa · s.

1.3.   Prefixes and their symbols used to designate certain decimal multiples and submultiples

| Factor | Prefix | Symbol |
| --- | --- | --- |
| 1024 | yotta | Y |
| 1021 | zetta | Z |
| 1018 | exa | E |
| 1015 | peta | P |
| 1012 | tera | T |
| 109 | giga | G |
| 106 | mega | M |
| 103 | kilo | k |
| 102 | hecto | h |
| 101 | deca | da |
| 10-1 | deci | d |
| 10-2 | centi | c |
| 10-3 | milli | m |
| 10-6 | micro | μ |
| 10-9 | nano | n |
| 10-12 | pico | p |
| 10-15 | femto | f |
| 10-18 | atto | a |
| 10-21 | zepto | z |
| 10-24 | yocto | y |

Factor

Prefix

Symbol

1024

yotta

Y

1021

zetta

Z

1018

exa

E

1015

peta

P

1012

tera

T

109

giga

G

106

mega

M

103

kilo

k

102

hecto

h

101

deca

da

10-1

deci

d

10-2

centi

c

10-3

milli

m

10-6

micro

μ

10-9

nano

n

10-12

pico

p

10-15

femto

f

10-18

atto

a

10-21

zepto

z

10-24

yocto

y

The names and symbols of the decimal multiples and submultiples of the unit of mass are formed by attaching prefixes to the word ‘gram’ and their symbols to the symbol ‘g’.

Where a derived unit is expressed as a fraction, its decimal multiples and submultiples may be designated by attaching a prefix to units in the numerator or the denominator, or in both these parts.

Compound prefixes, that is to say prefixes formed by the juxtaposition of several of the above prefixes, may not be used.

1.4.   Special authorised names and symbols of decimal multiples and submultiples of SI units

| Quantity | Unit |
| --- | --- |
| Name | Symbol | Value |
| Volume | litre | 1 or L (2) | 1 l = 1 dm3 = 10-3 m3 |
| Mass | tonne | t | 1 t = 1 Mg = 103 kg |
| Pressure, stress | bar | bar (3) | 1 bar = 105 Pa |
| Note: | The prefixes and their symbols listed in 1.3 may be used in conjunction with the units and symbols contained in the Table in 1.4. |

Quantity

Unit

Name

Symbol

Value

Volume

litre

1 or L (2)

1 l = 1 dm3 = 10-3 m3

Mass

tonne

t

1 t = 1 Mg = 103 kg

Pressure, stress

bar

bar (3)

1 bar = 105 Pa

Note:

The prefixes and their symbols listed in 1.3 may be used in conjunction with the units and symbols contained in the Table in 1.4.

2.   UNITS WHICH ARE DEFINED ON THE BASIS OF SI UNITS BUT ARE NOT DECIMAL MULTIPLES OR SUBMULTIPLES THEREOF

| Quantity | Unit |
| --- | --- |
| Name | Symbol | Value |
| Plane angle | revolution (*) (4)
   (5) | | 1 revolution = 2 π rad |
| grade (*) or gon (*) | gon (*) | 1 gon = π/200 rad |
| degree | ° | 1° = π/180 rad |
| minute of angle | ′ | 1′ = π/10 800 rad |
| second of angle | ′′ | 1′′ = π/648 000 rad |
| Time | minute | min | 1 min = 60 s |
| hour | h | 1 h = 3 600 s |
| day | d | 1 d = 86 400 s |
| Note: | The prefixes listed in 1.3 may only be used in conjunction with the names ‘grade’ or ‘gon’ and the symbol ‘gon’. |

Quantity

Unit

Name

Symbol

Value

Plane angle

revolution (*) (4)
   (5)

1 revolution = 2 π rad

grade (*) or gon (*)

gon (*)

1 gon = π/200 rad

degree

°

1° = π/180 rad

minute of angle

′

1′ = π/10 800 rad

second of angle

′′

1′′ = π/648 000 rad

Time

minute

min

1 min = 60 s

hour

h

1 h = 3 600 s

day

d

1 d = 86 400 s

Note:

The prefixes listed in 1.3 may only be used in conjunction with the names ‘grade’ or ‘gon’ and the symbol ‘gon’.

3.   UNITS USED WITH THE SI, WHOSE VALUES IN SI ARE OBTAINED EXPERIMENTALLY

| Quantity | Unit |
| --- | --- |
| Name | Symbol | Definition |
| Energy | Electronvolt | eV | The electron volt is the kinetic energy acquired by an electron in passing through a potential difference of 1 volt in vacuum |
| Mass | Unified atomic mass unit | u | The unified atomic mass unit is equal to 1/12 of the mass of an atom of the nuclide 12C. |
| Note: | The prefixes and their symbols listed in 1.3 may be used in conjunction with these two units and with their symbols. |

Quantity

Unit

Name

Symbol

Definition

Energy

Electronvolt

eV

The electron volt is the kinetic energy acquired by an electron in passing through a potential difference of 1 volt in vacuum

Mass

Unified atomic mass unit

u

The unified atomic mass unit is equal to 1/12 of the mass of an atom of the nuclide 12C.

Note:

The prefixes and their symbols listed in 1.3 may be used in conjunction with these two units and with their symbols.

4.   UNITS AND NAMES OF UNITS PERMITTED IN SPECIALISED FIELDS ONLY

| Quantity | Unit |
| --- | --- |
| Name | Symbol | Value |
| Vergency of optical systems | dioptre (*) | | 1 dioptre = 1 m-1 |
| Mass of precious stones | metric carat | | 1 metric carat = 2 × 10-4 kg |
| Area of farmland and building land | are | a | 1 a = 102 m2 |
| Mass per unit length of textile yarns and threads | tex (*) | tex (*) | 1 tex = 10-6 kg · m-1 |
| Blood pressure and pressure of other body fluids | Millimetre of mercury | mm Hg (*) | 1 mm Hg = 133,322 Pa |
| Effective cross-sectional area | Barn | b | 1 b = 10-28 m2 |
| Note: | The prefixes and their symbols listed in 1.3 may be used in conjunction with the above units and symbols, with the exception of the millimetre of mercury and its symbol. The multiple of 102a is, however, called a ‘hectare’. |

Quantity

Unit

Name

Symbol

Value

Vergency of optical systems

dioptre (*)

1 dioptre = 1 m-1

Mass of precious stones

metric carat

1 metric carat = 2 × 10-4 kg

Area of farmland and building land

are

a

1 a = 102 m2

Mass per unit length of textile yarns and threads

tex (*)

tex (*)

1 tex = 10-6 kg · m-1

Blood pressure and pressure of other body fluids

Millimetre of mercury

mm Hg (*)

1 mm Hg = 133,322 Pa

Effective cross-sectional area

Barn

b

1 b = 10-28 m2

Note:

The prefixes and their symbols listed in 1.3 may be used in conjunction with the above units and symbols, with the exception of the millimetre of mercury and its symbol. The multiple of 102a is, however, called a ‘hectare’.

5.   COMPOUND UNITS

Combinations of the units listed in Chapter I form compound units.

CHAPTER II

LEGAL UNITS OF MEASUREMENT REFERRED TO IN ARTICLE 1(b), PERMITTED FOR SPECIFIC USES ONLY

| Field of application | Unit |
| --- | --- |
| Name | Approximate value | Symbol |
| Road traffic signs, distance and speed measurement | mile | 1 mile = 1 609 m | mile |
| yard | 1 yd = 0,9144 m | yd |
| foot | 1 ft = 0,3048 m | ft |
| inch | 1 in = 2,54 × 10-2 m | in |
| Dispense of draught beer and cider; milk in returnable containers | pint | 1 pt = 0,5683 × 10-3 m3 | pt |
| Transaction in precious metals | troy ounce | 1 oz tr = 31,10 × 10-3 kg | oz tr |

Field of application

Unit

Name

Approximate value

Symbol

Road traffic signs, distance and speed measurement

mile

1 mile = 1 609 m

mile

yard

1 yd = 0,9144 m

yd

foot

1 ft = 0,3048 m

ft

inch

1 in = 2,54 × 10-2 m

in

Dispense of draught beer and cider; milk in returnable containers

pint

1 pt = 0,5683 × 10-3 m3

pt

Transaction in precious metals

troy ounce

1 oz tr = 31,10 × 10-3 kg

oz tr

The units listed in this Chapter may be combined with each other or with those in Chapter I to form compound units.

---

(1)  Special names for the unit of power: the name volt-ampere (symbol ‘VA’) when it is used to express the apparent power of alternating electric current, and var (symbol ‘var’) when it is used to express reactive electric power. The ‘var’ is not included in CGPM Resolutions.

(2)  The two symbols ‘l’ and ‘L’ may be used for the litre unit (Sixteenth CGPM (1979), Resolution 5).

(3)  Unit listed in the International Bureau of Weights and Measures booklet as among the units to be permitted temporarily.

| Note: | The prefixes and their symbols listed in 1.3 may be used in conjunction with the units and symbols contained in the Table in 1.4. |
| --- | --- |

Note:

The prefixes and their symbols listed in 1.3 may be used in conjunction with the units and symbols contained in the Table in 1.4.

(4)  The character (*) after a unit name or symbol indicates that it does not appear in the lists drawn up by the CGPM, CIPM or BIPM. This applies to the whole of this Annex.

(5)  No international symbol exists.

| Note: | The prefixes listed in 1.3 may only be used in conjunction with the names ‘grade’ or ‘gon’ and the symbol ‘gon’. |
| --- | --- |

Note:

The prefixes listed in 1.3 may only be used in conjunction with the names ‘grade’ or ‘gon’ and the symbol ‘gon’.

Wednesday 11 May 2011ANNEX II

Part A

Repealed Directive with list of its successive amendments

(referred to in Article 8)

| Council Directive 80/181/EEC
  (OJ L 39, 15.2.1980, p. 40) | |
| --- | --- |
| Council Directive 85/1/EEC
  (OJ L 2, 3.1.1985, p. 11) | |
| Council Directive 89/617/EEC
  (OJ L 357, 7.12.1989, p. 28) | |
| Directive 1999/103/EC of the European Parliament and of the Council
  (OJ L 34, 9.2.2000, p. 17) | |
| Directive 2009/3/EC of the European Parliament and of the Council
  (OJ L 114, 7.5.2009, p. 10) | |

Council Directive 80/181/EEC

(OJ L 39, 15.2.1980, p. 40)

Council Directive 85/1/EEC

(OJ L 2, 3.1.1985, p. 11)

Council Directive 89/617/EEC

(OJ L 357, 7.12.1989, p. 28)

Directive 1999/103/EC of the European Parliament and of the Council

(OJ L 34, 9.2.2000, p. 17)

Directive 2009/3/EC of the European Parliament and of the Council

(OJ L 114, 7.5.2009, p. 10)

Part B

List of time-limits for transposition into national law and application

(referred to in Article 8)

| Directive | Time-limit for transposition | Date of application |
| --- | --- | --- |
| 80/181/EEC | 30 June 1981 | 1 October 1981 |
| 85/1/EEC | 1 July 1985 | — |
| 89/617/EEC | 30 November 1991 | — |
| 1999/103/EC | 8 February 2001 | — |
| 2009/3/EC | 31 December 2009 | 1 January 2010 |

Directive

Time-limit for transposition

Date of application

80/181/EEC

30 June 1981

1 October 1981

85/1/EEC

1 July 1985

—

89/617/EEC

30 November 1991

—

1999/103/EC

8 February 2001

—

2009/3/EC

31 December 2009

1 January 2010

Wednesday 11 May 2011ANNEX III

CORRELATION TABLE

| Directive 80/181/EEC | This Directive |
| --- | --- |
| Article 1(a) and (b) | Article 1(a) and (b) |
| Article 1 (c) and (d) | — |
| Article 2 (a) | Article 2(1) |
| Article 2 (b) | Article 2(2) |
| Article 3 (1) | Article 3(1) |
| Article 3 (2) | Article 3(2), first subparagraph |
| Article 3 (3) | Article 3(2), second subparagraph |
| Article 3 (4) | Article 3(3) |
| Article 4, first paragraph, introductory sentence | Article 4, first paragraph, introductory sentence |
| Article 4, first paragraph, first indent | Article 4, first paragraph, point (a) |
| Article 4, first paragraph, second indent | Article 4, first paragraph, point (b) |
| Article 4, second paragraph | Article 4, second paragraph |
| Article 5 | — |
| Article 6 | — |
| Article 6a | Article 5 |
| Article 6b | Article 6 |
| Article 7 (a) | — |
| Article 7 (b) | Article 7 |
| — | Article 8 |
| — | Article 9 |
| Article 8 | Article 10 |
| Annex, Chapter I, points 1 to 1.2 | Annex I, Chapter 1, points 1 to 1.2 |
| Annex, Chapter I, point 1.2.2 | Annex I, Chapter I, point 1.2.1 |
| Annex, Chapter I, point 1.2.3 | Annex I, Chapter I, point 1.2.2 |
| Annex, Chapter I, points 1.3 to 5 | Annex I, Chapter I, points 1.3 to 5 |
| Annex, Chapter II | Annex I, Chapter II |
| Annex, Chapters III and IV | — |
| — | Annex II |
| — | Annex III |

Directive 80/181/EEC

This Directive

Article 1(a) and (b)

Article 1(a) and (b)

Article 1 (c) and (d)

—

Article 2 (a)

Article 2(1)

Article 2 (b)

Article 2(2)

Article 3 (1)

Article 3(1)

Article 3 (2)

Article 3(2), first subparagraph

Article 3 (3)

Article 3(2), second subparagraph

Article 3 (4)

Article 3(3)

Article 4, first paragraph, introductory sentence

Article 4, first paragraph, introductory sentence

Article 4, first paragraph, first indent

Article 4, first paragraph, point (a)

Article 4, first paragraph, second indent

Article 4, first paragraph, point (b)

Article 4, second paragraph

Article 4, second paragraph

Article 5

—

Article 6

—

Article 6a

Article 5

Article 6b

Article 6

Article 7 (a)

—

Article 7 (b)

Article 7

—

Article 8

—

Article 9

Article 8

Article 10

Annex, Chapter I, points 1 to 1.2

Annex I, Chapter 1, points 1 to 1.2

Annex, Chapter I, point 1.2.2

Annex I, Chapter I, point 1.2.1

Annex, Chapter I, point 1.2.3

Annex I, Chapter I, point 1.2.2

Annex, Chapter I, points 1.3 to 5

Annex I, Chapter I, points 1.3 to 5

Annex, Chapter II

Annex I, Chapter II

Annex, Chapters III and IV

—

—

Annex II

—

Annex III

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/228 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/228

---

Wednesday 11 May 2011Permissible sound level and exhaust system of motor vehicles ***I

P7_TA(2011)0210

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the permissible sound level and the exhaust system of motor vehicles (codified text) (COM(2010)0508 – C7-0288/2010 – 2010/0261(COD))

2012/C 377 E/37

(Ordinary legislative procedure – codification)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0508), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0508),

| — | having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0288/2010), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0288/2010),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 8 December 2010 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 8 December 2010 (1),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2),

| — | having regard to Rules 86 and 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 86 and 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A7-0093/2011), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A7-0093/2011),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

---

(1)  OJ C 54, 19.2.2011, p. 32.

(2)  OJ C 102, 4.4.1996, p. 2.

---

Wednesday 11 May 2011P7_TC1-COD(2010)0261

Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the permissible sound level and the exhaust system of motor vehicles (Codification)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof;

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified. |
| --- | --- |

(1)

Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

| (2) | Directive 70/157/EEC is one of the separate Directives of the EC type-approval system provided for in Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (5),and lays down technical prescriptions concerning the permissible sound level and the exhaust system of motor vehicles. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2007/46/EC to be applied in respect of each type of vehicle. Consequently, the provisions laid down in Directive 2007/46/EC relating to systems, components and separate technical units for vehicles apply to this Directive. |
| --- | --- |

(2)

Directive 70/157/EEC is one of the separate Directives of the EC type-approval system provided for in Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (5),and lays down technical prescriptions concerning the permissible sound level and the exhaust system of motor vehicles. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2007/46/EC to be applied in respect of each type of vehicle. Consequently, the provisions laid down in Directive 2007/46/EC relating to systems, components and separate technical units for vehicles apply to this Directive.

| (3) | It is desirable to take into account the technical requirements adopted by the UN Economic Commission for Europe (UN/ECE) in its corresponding regulations annexed to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’) (6). |
| --- | --- |

(3)

It is desirable to take into account the technical requirements adopted by the UN Economic Commission for Europe (UN/ECE) in its corresponding regulations annexed to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’) (6).

| (4) | This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IV, Part B, |
| --- | --- |

(4)

This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IV, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

For the purposes of this Directive, ‘vehicle’ means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 kilometres per hour, with the exception of vehicles which run on rails and of agricultural and forestry tractors and all mobile machinery.

Article 2

1.   If vehicles or exhaust systems meet the requirements of this Directive, Member States may not, on grounds relating to the permissible sound level or the exhaust system:

| (a) | refuse to grant EC type-approval or national type-approval in respect of a type of vehicle or a type of exhaust system; or |
| --- | --- |

(a)

refuse to grant EC type-approval or national type-approval in respect of a type of vehicle or a type of exhaust system; or

| (b) | refuse the registration or prohibit the sale, entry into service or use of vehicles, or the sale or entry into service of exhaust systems. |
| --- | --- |

(b)

refuse the registration or prohibit the sale, entry into service or use of vehicles, or the sale or entry into service of exhaust systems.

2.   If the requirements of this Directive are not fulfilled, Member States shall, for a type of vehicle and for a type of exhaust system:

| (a) | not grant EC type-approval; and |
| --- | --- |

(a)

not grant EC type-approval; and

| (b) | refuse to grant national type-approval. |
| --- | --- |

(b)

refuse to grant national type-approval.

3.   Notwithstanding paragraph 2, for the purposes of replacement parts, Member States shall continue to grant EC type-approval and to permit the sale or entry into service of exhaust systems in accordance with versions of Directive 70/157/EEC preceding the version resulting from the amendments introduced by Commission Directive 1999/101/EC of 15 December 1999 adapting to technical progress Directive 70/157/EEC (7), provided that such exhaust systems:

| (a) | are intended to be fitted to vehicles already in use; and |
| --- | --- |

(a)

are intended to be fitted to vehicles already in use; and

| (b) | comply with the requirements of that Directive which were applicable when the vehicles were first registered. |
| --- | --- |

(b)

comply with the requirements of that Directive which were applicable when the vehicles were first registered.

Article 3

No Member State may, on grounds relating to the permissible sound level or the exhaust system, refuse to grant EC or national type-approval in respect of a component of an exhaust system regarded as a separate technical unit:

| (a) | if the vehicle satisfies the requirements of Annex I as regards the sound level and exhaust system; |
| --- | --- |

(a)

if the vehicle satisfies the requirements of Annex I as regards the sound level and exhaust system;

| (b) | if the component of an exhaust system considered as a separate technical unit within the meaning of point 25 of Article 3 of Directive 2007/46/EC satisfies the requirements of Annex II to this Directive. |
| --- | --- |

(b)

if the component of an exhaust system considered as a separate technical unit within the meaning of point 25 of Article 3 of Directive 2007/46/EC satisfies the requirements of Annex II to this Directive.

Article 4

1.   No Member State may, on grounds relating to the permissible sound level or the exhaust system, prohibit the placing on the market of any component of an exhaust system considered as a separate technical unit within the meaning of point 25 of Article 3 of Directive 2007/46/EC if, within the meaning of Article 3 of this Directive, it is of a type in respect of which a type-approval has been granted.

2.   Member States shall prohibit the initial entry into service of motor vehicles the sound level or the exhaust systems of which do not comply with the requirements set out in this Directive.

Article 5

The amendments necessary to adapt the requirements of Annexes I, II and III to take account of technical progress, with the exception of the requirements set out under points 2.1 and 2.2 of Annex I, shall be adopted in accordance with the procedure referred to in Article 40(2) of Directive 2007/46/EC.

Article 6

Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 7

Directive 70/157/EEC as amended by the acts listed in Annex IV, Part A is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IV, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex V.

Article 8

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

Article 9

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 54, 19.2.2011, p. 32.

1

(2)  Position of the European Parliament of 11 May 2011.

2

(3)  OJ L 42, 23.2.1970, p. 16.

3

(4)  See Annex IV, Part A.

4

(5)  OJ L 263, 9.10.2007, p. 1.

5

(6)  Published as Annex I to Council Decision 97/836/EC (OJ L 346, 17.12.1997, p. 78).

6

(7)  OJ L 334, 28.12.1999, p. 41.

7

Wednesday 11 May 2011List of Annexes

| ANNEX I: | Provisions for EC type-approval in respect of the sound level of a type of motor vehicle






  Appendix 1: | Information document |
| --- | --- | --- |

ANNEX I:

Provisions for EC type-approval in respect of the sound level of a type of motor vehicle

Appendix 1:

Information document

| Appendix 2: | Model EC type-approval certificate |
| --- | --- |

Appendix 2:

Model EC type-approval certificate

Addendum to EC type-approval certificate

ANNEX II:

Administrative provisions for EC type-approval of exhaust systems as separate technical units (replacement exhaust systems)

| Appendix 1: | Information document |
| --- | --- |

Appendix 1:

Information document

| Appendix 2: | Model EC type-approval certificate |
| --- | --- |

Appendix 2:

Model EC type-approval certificate

Addendum to EC type-approval certificate

| Appendix 3: | Model for the EC type-approval mark |
| --- | --- |

Appendix 3:

Model for the EC type-approval mark

ANNEX III:

Technical requirements

ANNEX IV:

| Part A: | Repealed Directive with list of its successive amendments |
| --- | --- |

Part A:

Repealed Directive with list of its successive amendments

| Part B: | List of time-limits for transposition into national law and application |
| --- | --- |

Part B:

List of time-limits for transposition into national law and application

ANNEX V:

Correlation table

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/232 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/232

---

Wednesday 11 May 2011Roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors ***I

P7_TA(2011)0211

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors (codified text) (COM(2010)0610 – C7-0340/2010 – 2010/0302(COD))

2012/C 377 E/38

(Ordinary legislative procedure – codification)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0610), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0610),

| — | having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0340/2010), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0340/2010),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 19 January 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 19 January 2011 (1),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2),

| — | having regard to Rules 86 and 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 86 and 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A7-0098/2011), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A7-0098/2011),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

---

(1)  OJ C 84, 17.3.2011, p. 54.

(2)  OJ C 102, 4.4.1996, p. 2.

---

Wednesday 11 May 2011P7_TC1-COD(2010)0302

Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors (Codification)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Council Directive 87/402/EEC of 25 June 1987 on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified. |
| --- | --- |

(1)

Council Directive 87/402/EEC of 25 June 1987 on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

| (2) | Directive 87/402/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC (5), and lays down technical prescriptions concerning the design and construction of agricultural or forestry tractors as regards the roll-over protection structures mounted in front of the driver's seat. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently the provisions laid down in Directive 2003/37/EC relating to agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive. |
| --- | --- |

(2)

Directive 87/402/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC (5), and lays down technical prescriptions concerning the design and construction of agricultural or forestry tractors as regards the roll-over protection structures mounted in front of the driver's seat. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently the provisions laid down in Directive 2003/37/EC relating to agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive.

| (3) | This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VIII, Part B, |
| --- | --- |

(3)

This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VIII, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

This Directive shall apply to tractors as defined in Article 2(j) of Directive 2003/37/EC having the following characteristics:

| (a) | ground clearance of not more than 600 mm beneath the lowest points of the front and rear axles, allowing for the differential; |
| --- | --- |

(a)

ground clearance of not more than 600 mm beneath the lowest points of the front and rear axles, allowing for the differential;

| (b) | fixed or adjustable minimum track width with one of the axles less than 1 150 mm fitted with tyres of a larger size. It is assumed that the axle mounted with the wider tyres is set at a track width of not more than 1 150 mm. It must be possible to set the track width of the other axle in such a way that the outer edges of the narrower tyres do not go beyond the outer edges of the tyres of the other axle; where the two axles are fitted with rims and tyres of the same size, the fixed or adjustable track width of the two axles must be less than 1 150 mm; |
| --- | --- |

(b)

fixed or adjustable minimum track width with one of the axles less than 1 150 mm fitted with tyres of a larger size. It is assumed that the axle mounted with the wider tyres is set at a track width of not more than 1 150 mm. It must be possible to set the track width of the other axle in such a way that the outer edges of the narrower tyres do not go beyond the outer edges of the tyres of the other axle; where the two axles are fitted with rims and tyres of the same size, the fixed or adjustable track width of the two axles must be less than 1 150 mm;

| (c) | mass greater than 600 and not more than 3 000 kilograms, corresponding to the unladen mass of the tractor as defined in point 2.1 of Model A in Annex I to Directive 2003/37/EC, including the roll-over protection structure fitted in compliance with this Directive and tyres of the largest size recommended by the manufacturer. |
| --- | --- |

(c)

mass greater than 600 and not more than 3 000 kilograms, corresponding to the unladen mass of the tractor as defined in point 2.1 of Model A in Annex I to Directive 2003/37/EC, including the roll-over protection structure fitted in compliance with this Directive and tyres of the largest size recommended by the manufacturer.

Article 2

1.   Each Member State shall grant EC component type-approval for any type of roll-over protection structure and its tractor attachment which satisfies the construction and testing requirements laid down in Annexes I and II.

2.   A Member State which has granted EC component type-approval shall take the measures required to verify, in so far as is necessary and if need be in cooperation with the competent authorities in the other Member States, that production models conform to the approved type. Such verification shall be limited to spot checks.

Article 3

Member States shall, for each type of roll-over protection structure and its tractor attachment which they approve pursuant to Article 2, issue to the manufacturer of the tractor or of the roll-over protection structure, or to his authorised representative, an EC component type-approval mark conforming to the example shown in Annex IV.

Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between roll-over protection structures which have been component type-approved pursuant to Article 2 and other devices.

Article 4

A Member State shall not prohibit the placing on the market of roll-over protection structures or their tractor attachments on grounds relating to their construction if they bear the EC component type-approval mark.

However, a Member State may prohibit the placing on the market of roll-over protection structures bearing the EC component type-approval mark which fail to conform to the approved type.

That Member State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision.

Article 5

The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States copies of the EC component type-approval certificate, the model of which is given in Annex V, completed for each type of roll-over protection structure which they approve or refuse to approve.

Article 6

1.   If the Member State which has granted EC component type-approval finds that a number of roll-over protection structures and their tractor attachments bearing the same EC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type.

The competent authorities of that Member State shall advise those of the other Member States of the measures taken which may, where there is a serious and repeated failure to conform, extend to the withdrawal of EC component type-approval.

Those authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.

2.   The competent authorities of the Member States shall within one month inform each other of any withdrawal of EC component type-approval and of the reasons for any such measure.

Article 7

Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw EC component type-approval for roll-over protection structures and their tractor attachments, or to prohibit their placing on the market or their use, shall set out in detail the reasons on which it is based.

Such decision shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time-limits allowed for the exercise of such remedies.

Article 8

1.   With respect to tractors which comply with the requirements laid down in this Directive, Member States may not:

| (a) | refuse, for a type of tractor, to grant EC type-approval or to grant national type-approval; |
| --- | --- |

(a)

refuse, for a type of tractor, to grant EC type-approval or to grant national type-approval;

| (b) | prohibit the first entry into service of tractors. |
| --- | --- |

(b)

prohibit the first entry into service of tractors.

2.   Member States may refuse to grant national type-approval for a type of tractor if it does not comply with the requirements laid down in this Directive.

Article 9

1.   No Member State may refuse the registration or prohibit the sale or use of any tractor on grounds relating to the roll-over protection structure and its tractor attachment if these bear the EC component type-approval mark and if the requirements laid down in Annex VI have been met.

However, Member States may, in compliance with the Treaty, impose restrictions on the use of tractors referred to in Article 1 in certain areas where safety so dictates, owing to the specific nature of certain terrains or crops. Member States shall inform the Commission of any such restrictions before they are implemented and of the reasons for their adoption.

2.   This Directive shall not affect the right of Member States to specify, in due compliance with the Treaty, the requirements they deem necessary to ensure that workers are protected when using the tractors in question, provided this does not mean that the protection structures are modified in a way unspecified in this Directive.

Article 10

1.   In connection with EC type-approval, any tractor to which Article 1 refers shall be fitted with a roll-over protection structure.

2.   The structure referred to in paragraph 1, unless it is a rear-mounted protection structure, shall comply with the requirements laid down in Annexes I and II to this Directive or in Annexes I to IV to Directives 2009/57/EC (6) or 2009/75/EC (7) of the European Parliament and of the Council.

Article 11

The amendments necessary to adapt the requirements of Annexes I to VII to take account of technical progress shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.

Article 12

Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 13

Directive 87/402/EEC, as amended by the Acts listed in Annex VIII, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VIII, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IX.

Article 14

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

Article 15

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 84, 17.3.2011, p. 54.

1

(2)  Position of the European Parliament of 11 May 2011.

2

(3)  OJ L 220, 8.8.1987, p. 1.

3

(4)  See Annex VIII, Part A.

4

(5)  OJ L 171, 9.7.2003, p. 1.

5

(6)  OJ L 261, 3.10.2009, p. 1.

6

(7)  OJ L 261, 3.10.2009, p. 40.

7

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/237 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/237

---

Wednesday 11 May 2011Controls of wheeled agricultural or forestry tractors ***I

P7_TA(2011)0212

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the installation, location, operation and identification of the controls of wheeled agricultural or forestry tractors (codified text) (COM(2010)0717 – C7-0404/2010 – 2010/0348(COD))

2012/C 377 E/39

(Ordinary legislative procedure – codification)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0717), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0717),

| — | having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0404/2010), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0404/2010),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 17 January 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 17 January 2011 (1),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2),

| — | having regard to Rules 86 and 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 86 and 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A7-0090/2011), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A7-0090/2011),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

---

(1)  OJ C 107, 6.4.2011, p. 74.

(2)  OJ C 102, 4.4.1996, p. 2.

---

Wednesday 11 May 2011P7_TC1-COD(2010)0348

Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the installation, location, operation and identification of the controls of wheeled agricultural or forestry tractors (Codification)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Council Directive 86/415/EEC of 24 July 1986 on the installation, location, operation and identification of the controls of wheeled agricultural or forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality, the said Directive should be codified. |
| --- | --- |

(1)

Council Directive 86/415/EEC of 24 July 1986 on the installation, location, operation and identification of the controls of wheeled agricultural or forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality, the said Directive should be codified.

| (2) | Directive 86/415/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC (5), and lays down technical prescriptions concerning the installation, location, operation and identification of controls. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently, the provisions laid down in Directive 2003/37/EC relating to agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive. |
| --- | --- |

(2)

Directive 86/415/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC (5), and lays down technical prescriptions concerning the installation, location, operation and identification of controls. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently, the provisions laid down in Directive 2003/37/EC relating to agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive.

| (3) | This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VI, Part B, |
| --- | --- |

(3)

This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VI, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1.   ‘Agricultural or forestry tractors’ means any motor vehicle fitted with wheels or endless tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load or passengers.

2.   This Directive shall apply only to the tractors defined in paragraph 1 which are fitted with pneumatic tyres and have a maximum design speed of between 6 and 40 km/h.

Article 2

Member States may not refuse to grant EC type-approval or national type-approval in respect of a tractor or refuse its registration or prohibit its sale, entry into service or use on grounds relating to the installation, location, operation and identification of controls if the latter satisfy the requirements set out in Annexes I to IV.

Article 3

This Directive shall not affect the right of Member States to specify, with due observance of the Treaty, the requirements they deem necessary to ensure that workers are protected when using the tractors in question, provided this does not mean that the tractors are modified in a way unspecified in this Directive.

Article 4

Any amendments necessary to adapt Annexes I to V to technical progress shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.

Article 5

Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 6

Directive 86/415/EEC, as amended by the Directives listed in Annex VI, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VI, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VII.

Article 7

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

Article 8

This Directive is addressed to the Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 107, 6.4.2011, p. 74.

1

(2)  Position of the European Parliament of 11 May 2011.

2

(3)  OJ L 240, 26.8.1986, p. 1.

3

(4)  See Annex VI, Part A.

4

(5)  OJ L 171, 9.7.2003, p. 1.

5

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/239 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/239

---

Wednesday 11 May 2011Braking devices of wheeled agricultural or forestry tractors ***I

P7_TA(2011)0213

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on braking devices of wheeled agricultural or forestry tractors (codified text) (COM(2010)0729 – C7-0421/2010 – 2010/0349(COD))

2012/C 377 E/40

(Ordinary legislative procedure – codification)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0729), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0729),

| — | having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0421/2010), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0421/2010),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 16 February 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 16 February 2011 (1),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2),

| — | having regard to Rules 86 and 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 86 and 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A7-0092/2011), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A7-0092/2011),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

---

(1)  OJ C 107, 6.4.2011, p. 75.

(2)  OJ C 102, 4.4.1996, p. 2.

---

Wednesday 11 May 2011P7_TC1-COD(2010)0349

Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on braking devices of wheeled agricultural or forestry tractors (Codification)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Council Directive 76/432/EEC of 6 April 1976 on the approximation of the laws of the Member States relating to the braking devices of wheeled agricultural or forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality, the said Directive should be codified. |
| --- | --- |

(1)

Council Directive 76/432/EEC of 6 April 1976 on the approximation of the laws of the Member States relating to the braking devices of wheeled agricultural or forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality, the said Directive should be codified.

| (2) | Directive 76/432/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC (5), and lays down technical prescriptions concerning braking devices. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently, the provisions laid down in Directive 2003/37/EC relating to agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive. |
| --- | --- |

(2)

Directive 76/432/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC (5), and lays down technical prescriptions concerning braking devices. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently, the provisions laid down in Directive 2003/37/EC relating to agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive.

| (3) | This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VI, Part B, |
| --- | --- |

(3)

This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VI, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1.   “Agricultural or forestry tractor” means any motor vehicle fitted with wheels or 1 endless tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.

2.   This Directive shall apply only to tractors defined in paragraph 1 which are equipped with pneumatic tyres and have a maximum design speed of between 6 and 40 km/h.

Article 2

1.   With respect to tractors which comply with the requirements laid down in this Directive, Member States may not, on grounds relating to braking devices:

| (a) | refuse, in respect of a type of tractor, to grant EC type-approval or to grant national type-approval; or |
| --- | --- |

(a)

refuse, in respect of a type of tractor, to grant EC type-approval or to grant national type-approval; or

| (b) | refuse the registration or prohibit the sale or entry into service of tractors. |
| --- | --- |

(b)

refuse the registration or prohibit the sale or entry into service of tractors.

2.   Member States may refuse to grant national type-approval for a type of tractor on grounds relating to braking devices, if the requirements laid down in this Directive are not complied with.

Article 3

Member States may not prohibit the use of tractors on grounds relating to their braking devices if those tractors are fitted with the devices specified in Annexes I to IV and if those devices satisfy the requirements set out therein.

Article 4

A Member State which has granted EC type-approval of a tractor shall take the necessary measures to ensure that it is informed of any modification to a component or characteristic mentioned in point 1.1 of Annex I. The competent authorities of that Member State shall decide whether fresh tests should be carried out on the modified type of tractor and a fresh report drawn up. If such tests reveal failure to comply with the requirements of this Directive, the modification shall not be approved.

Article 5

The amendments necessary for adapting the requirements of Annexes I to V to take account of technical progress shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.

Article 6

Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.

Article 7

Directive 76/432/EEC, as amended by the Directives listed in Annex VI, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VI, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VII.

Article 8

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

It shall apply from [...].

Article 9

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 107, 6.4.2011, p. 75.

1

(2)  Position of the European Parliament of 11 May 2011.

2

(3)  OJ L 122, 8.5.1976, p. 1.

3

(4)  See Annex VI, Part A.

4

(5)  OJ L 171, 9.7.2003, p. 1.

5

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/242 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/242

---

Wednesday 11 May 2011Driving position and the doors and windows of wheeled agricultural or forestry tractors ***I

P7_TA(2011)0214

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the operating space, access to the driving position and the doors and windows of wheeled agricultural or forestry tractors (codified text) (COM(2010)0746 – C7-0428/2010 – 2010/0358(COD))

2012/C 377 E/41

(Ordinary legislative procedure – codification)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0746), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0746),

| — | having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0428/2010), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0428/2010),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 16 February 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 16 February 2011 (1),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2),

| — | having regard to Rules 86 and 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 86 and 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A7-0096/2011), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A7-0096/2011),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

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

1.

Adopts its position at first reading, hereinafter set out;

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

2.

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

---

(1)  OJ C 107, 6.4.2011, p. 76.

(2)  OJ C 102, 4.4.1996, p. 2.

---

Wednesday 11 May 2011P7_TC1-COD(2010)0358

Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the operating space, access to the driving position and the doors and windows of wheeled agricultural or forestry tractors (Codification)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Council Directive 80/720/EEC of 24 June 1980 on the approximation of the laws of the Member States relating to the operating space, access to the driving position and the doors and windows of wheeled agricultural or forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified. |
| --- | --- |

(1)

Council Directive 80/720/EEC of 24 June 1980 on the approximation of the laws of the Member States relating to the operating space, access to the driving position and the doors and windows of wheeled agricultural or forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

| (2) | Directive 80/720/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC (5), and lays down technical prescriptions concerning the design and construction of agricultural or forestry tractors, as regards the operating space, access to the driving position as well as the doors and windows. Those technical prescriptions concern the approximation of the laws of the Member States, to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently, the provisions laid down in Directive 2003/37/EC relating to agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive. |
| --- | --- |

(2)

Directive 80/720/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC (5), and lays down technical prescriptions concerning the design and construction of agricultural or forestry tractors, as regards the operating space, access to the driving position as well as the doors and windows. Those technical prescriptions concern the approximation of the laws of the Member States, to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently, the provisions laid down in Directive 2003/37/EC relating to agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive.

| (3) | This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex III, Part B, |
| --- | --- |

(3)

This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex III, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1.   For the purposes of this Directive, “tractor” means a tractor as defined in Article 2(j) of Directive 2003/37/EC.

For the purposes of this Directive, the tractor categories defined in Annex II to Directive 2003/37/EC shall apply.

2.   This Directive shall apply to tractor categories T1, T3 and T4 as defined in Annex II to Directive 2003/37/EC.

This Directive shall not apply to tractors of category T4.3 where the driver’s seat index point, as determined in Annex II to Directive 2009/144/EC of the European Parliament and of the Council (6), is more than 100 mm from the median longitudinal plane of the tractor.

Article 2

1.   With respect to tractors which comply with the requirements of Annex I, Member States may not refuse to grant EC type-approval or national type-approval or refuse the registration or prohibit the sale, entry into service or use on grounds relating to:

| (a) | the operating space; |
| --- | --- |

(a)

the operating space;

| (b) | access to the driving position (means of entry and exit); |
| --- | --- |

(b)

access to the driving position (means of entry and exit);

| (c) | doors and windows. |
| --- | --- |

(c)

doors and windows.

2.   Member States may refuse to grant national type-approval in respect of a type of tractor, the operating space, access to the driving position, doors and windows of which do not comply with the provisions of this Directive.

Article 3

Any amendments necessary to adapt the requirements of Annex I to technical progress shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.

Article 4

Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.

Article 5

Directive 80/720/EEC, as amended by the Directives listed in Annex III, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex III, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IV.

Article 6

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

Article 7

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 107, 6.4.2011, p. 76.

1

(2)  Position of the European Parliament of 11 May 2011.

2

(3)  OJ L 194, 28.7.1980, p. 1.

3

(4)  See Annex III, Part A.

4

(5)  OJ L 171, 9.7.2003, p. 1.

5

(6)  OJ L 27, 30.1.2010, p. 33.

6

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/245 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/245

---

Wednesday 11 May 2011Rear-mounted roll-over protection systems of narrow-track wheeled agricultural and forestry tractors ***I

P7_TA(2011)0215

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors (codified text) (COM(2010)0510 – C7-0290/2010 – 2010/0264(COD))

2012/C 377 E/42

(Ordinary legislative procedure – codification)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0510), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0510),

| — | having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0290/2010), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0290/2010),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 8 December 2010 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 8 December 2010 (1),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2),

| — | having regard to Rules 86 and 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 86 and 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A7-0101/2011), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A7-0101/2011),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

---

(1)  OJ C 54, 19.2.2011, p. 33.

(2)  OJ C 102, 4.4.1996, p. 2.

---

Wednesday 11 May 2011P7_TC1-COD(2010)0264

Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors (Codification)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Council Directive 86/298/EEC of 26 May 1986 on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified. |
| --- | --- |

(1)

Council Directive 86/298/EEC of 26 May 1986 on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

| (2) | Directive 86/298/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC (5), and lays down technical prescriptions concerning the design and construction of agricultural or forestry tractors as regards the rear-mounted roll-over protection structures. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently the provisions laid down in Directive 2003/37/EC relating to agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive. |
| --- | --- |

(2)

Directive 86/298/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC (5), and lays down technical prescriptions concerning the design and construction of agricultural or forestry tractors as regards the rear-mounted roll-over protection structures. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently the provisions laid down in Directive 2003/37/EC relating to agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive.

| (3) | This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VII, Part B, |
| --- | --- |

(3)

This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VII, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

This Directive shall apply to tractors as defined in Article 2(j) of Directive 2003/37/EC having the following characteristics:

| (a) | ground clearance of not more than 600 mm measured beneath the lowest points of the front or rear axles, allowing for the differential; |
| --- | --- |

(a)

ground clearance of not more than 600 mm measured beneath the lowest points of the front or rear axles, allowing for the differential;

| (b) | fixed or adjustable minimum track width of less than 1 150 mm for the axles fitted with the widest tyres; since the axle fitted with the widest tyres is assumed to be adjusted to a maximum track width of 1 150 mm, the other axle must be capable of being adjusted in such a way that the outer edges of the narrowest tyres do not project beyond the outer edges of the tyres on the axle with the widest tyres; where both axles are equipped with wheels and tyres of the same size, the fixed or adjustable track width of both axles must be less than 1 150 mm; |
| --- | --- |

(b)

fixed or adjustable minimum track width of less than 1 150 mm for the axles fitted with the widest tyres; since the axle fitted with the widest tyres is assumed to be adjusted to a maximum track width of 1 150 mm, the other axle must be capable of being adjusted in such a way that the outer edges of the narrowest tyres do not project beyond the outer edges of the tyres on the axle with the widest tyres; where both axles are equipped with wheels and tyres of the same size, the fixed or adjustable track width of both axles must be less than 1 150 mm;

| (c) | mass greater than 600 kilograms and corresponding to the unladen mass of the tractor as defined in point 2.1 of Model A in Annex I to Directive 2003/37/EC, including the roll-over protection structure fitted in compliance with this Directive and tyres of the largest size recommended by the manufacturer. |
| --- | --- |

(c)

mass greater than 600 kilograms and corresponding to the unladen mass of the tractor as defined in point 2.1 of Model A in Annex I to Directive 2003/37/EC, including the roll-over protection structure fitted in compliance with this Directive and tyres of the largest size recommended by the manufacturer.

Article 2

1.   Each Member State shall grant EC component type-approval for any type of roll-over protection structure and its tractor attachment which satisfies the construction and testing requirements laid down in Annexes I and II.

2.   A Member State which has granted EC component type-approval shall take the measures required to verify, in so far as is necessary and if need be in cooperation with the competent authorities in the other Member States, that production models conform to the approved type. Such verification shall be limited to spot checks.

Article 3

Member States shall, for each type of roll-over protection structure and its tractor attachment which they approve pursuant to Article 2, issue to the manufacturer of the tractor or of the roll-over protection structure, or to his authorised representative, an EC component type-approval mark conforming to the example shown in Annex III.

Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between roll-over protection structures which have been component type-approved pursuant to Article 2 and other devices.

Article 4

A Member State shall not prohibit the placing on the market of roll-over protection structures or their attachment to the tractors for which they are intended on grounds relating to their construction if they bear the EC component type-approval mark.

However, a Member State may prohibit the placing on the market of roll-over protection structures bearing the EC component type-approval mark which consistently fail to conform to the approved type.

That Member State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision.

Article 5

The competent authorities of each Member State shall, within one month, send to the competent authorities of the other Member States a copy of the EC component type-approval certificates, the model of which is given in Annex IV, completed for each type of roll-over protection structure which they approve or refuse to approve.

Article 6

1.   If the Member State which has granted EC component type-approval finds that a number of roll-over protection structures and their tractor attachments bearing the same EC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type.

The competent authorities of that Member State shall advise those of the other Member States of the measures taken which may, if necessary, where there is a serious and repeated failure to conform, extend to the withdrawal of EC component type-approval.

Those authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.

2.   The competent authorities of the Member States shall within one month inform each other of any withdrawal of EC component type-approval and of the reasons for any such measure.

Article 7

Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw EC component type-approval for roll-over protection structures and their tractor attachments, or to prohibit their placing on the market or their use, shall set out in detail the reasons on which it is based.

Such decisions shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time-limits allowed for the exercise of such remedies.

Article 8

1.   With respect to tractors which comply with the requirements laid down in this Directive, Member States may not:

| (a) | refuse, for a type of tractor, to grant EC type-approval or to grant national type-approval; |
| --- | --- |

(a)

refuse, for a type of tractor, to grant EC type-approval or to grant national type-approval;

| (b) | prohibit the first entry into service of tractors. |
| --- | --- |

(b)

prohibit the first entry into service of tractors.

2.   Member States may refuse to grant national type-approval for a type of tractor if it does not comply with the requirements laid down in this Directive.

Article 9

No Member State may refuse the registration or prohibit the sale or use of any tractor on grounds relating to the roll-over protection structure and its tractor attachment if these bear the EC component type-approval mark and if the requirements laid down in Annex V have been met.

Article 10

This Directive shall not affect the right of Member States to specify, in due compliance with the Treaty, the requirements they deem necessary to ensure that workers are protected when using the tractors in question, provided this does not mean that the protection structures are modified in a way unspecified in this Directive.

Article 11

1.   In connection with EC type-approval, any tractor to which Article 1 refers shall be fitted with a roll-over protection structure.

2.   Where the protection structure does not have two pillars mounted in front of the driver's seat, the structure referred to in paragraph 1 shall comply with the requirements laid down in Annexes I and II to this Directive or in Annexes I to IV to Directives 2009/57/EC (6) or 2009/75/EC (7) of the European Parliament and of the Council.

Article 12

The amendments necessary to adapt the requirements of Annexes I to VI to take account of technical progress shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.

Article 13

Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.

Article 14

Directive 86/298/EEC, as amended by the Acts listed in Annex VII, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VII, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VIII.

Article 15

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

Article 16

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 54, 19.2.2011, p. 33.

1

(2)  Position of the European Parliament of 11 May 2011.

2

(3)  OJ L 186, 8.7.1986, p. 26.

3

(4)  See Annex VII, Part A.

4

(5)  OJ L 171, 9.7.2003, p. 1.

5

(6)  OJ L 261, 3.10.2009, p. 1.

6

(7)  OJ L 261, 3.10.2009, p. 40.

7

Wednesday 11 May 2011LIST OF ANNEXES

| ANNEX I | Conditions for EC component type-approval |
| --- | --- |
| ANNEX II | Technical requirements |
| ANNEX III | Marks |
| ANNEX IV | Model: EC component type-approval certificate. |
| ANNEX V | Conditions for EC type-approval |
| ANNEX VI | Model: Annex to the EC type-approval certificate for a tractor type with regard to the strength of the protection structures and the strength of their attachment to the tractor |
| ANNEX VII | Part A: | Repealed Directive with list of its successive amendments |

ANNEX I

Conditions for EC component type-approval

ANNEX II

Technical requirements

ANNEX III

Marks

ANNEX IV

Model: EC component type-approval certificate.

ANNEX V

Conditions for EC type-approval

ANNEX VI

Model: Annex to the EC type-approval certificate for a tractor type with regard to the strength of the protection structures and the strength of their attachment to the tractor

ANNEX VII

Part A:

Repealed Directive with list of its successive amendments

| Part B: | List of time-limits for transposition into national law and application |
| --- | --- |

Part B:

List of time-limits for transposition into national law and application

ANNEX VIII

Correlation table

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/250 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/250

---

Wednesday 11 May 2011Excise duty applied to manufactured tobacco *

P7_TA(2011)0216

European Parliament legislative resolution of 11 May 2011 on the amended proposal for a Council directive on the structure and rates of excise duty applied to manufactured tobacco (codified text) (COM(2010)0641 – C7-0403/2010 – 2007/0206(CNS))

2012/C 377 E/43

(Special legislative procedure – consultation – codification)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2007)0587) and the amended proposal (COM(2010)0641), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2007)0587) and the amended proposal (COM(2010)0641),

| — | having regard to its position of 19 February 2008 (1), |
| --- | --- |

—

having regard to its position of 19 February 2008 (1),

| — | having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0403/2010), |
| --- | --- |

—

having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0403/2010),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2),

| — | having regard to Rules 86 and 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 86 and 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A7-0100/2011), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A7-0100/2011),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the amended Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the amended Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

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

2.

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

---

(1)  OJ C 184 E, 6.8.2009, p. 119.

(2)  OJ C 102, 4.4.1996, p. 2.

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/251 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/251

---

Wednesday 11 May 2011Denominations and technical specifications of euro coins intended for circulation *

P7_TA(2011)0217

European Parliament legislative resolution of 11 May 2011 on the proposal for a Council regulation on denominations and technical specifications of euro coins intended for circulation (codified text) (COM(2010)0691 – C7-0034/2011 – 2010/0338(NLE))

2012/C 377 E/44

(Consultation – codification)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2010)0691), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2010)0691),

| — | having regard to Article 128(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0034/2011), |
| --- | --- |

—

having regard to Article 128(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0034/2011),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (1), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (1),

| — | having regard to Rules 86 and 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 86 and 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A7-0102/2011), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A7-0102/2011),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

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

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 102, 4.4.1996, p. 2.

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/252 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/252

---

Wednesday 11 May 2011Textile names and related labelling of textile products ***II

P7_TA(2011)0218

European Parliament legislative resolution of 11 May 2011 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on textile fibre names and related labelling and marking of fibre composition of textile products and repealing Council Directive 73/44/EEC, Directive 96/73/EC of the European Parliament and of the Council and Directive 2008/121/EC of the European Parliament and of the Council (13807/4/2010 – C7-0017/2011 – 2009/0006(COD))

2012/C 377 E/45

(Ordinary legislative procedure: second reading)

The European Parliament,

| — | having regard to the Council position at first reading (13807/4/2010 – C7-0017/2011), |
| --- | --- |

—

having regard to the Council position at first reading (13807/4/2010 – C7-0017/2011),

| — | having regard to the opinion of the European Economic and Social Committee of 16 December 2009 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 16 December 2009 (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2009)0031), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2009)0031),

| — | having regard to the undertaking given by the Council representative by letter of 20 April 2011 to approve Parliament's position at second reading, in accordance with Article 294(8)(a) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 20 April 2011 to approve Parliament's position at second reading, in accordance with Article 294(8)(a) of the Treaty on the Functioning of the European Union,

| — | having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 66 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 66 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on the Internal Market and Consumer Protection (A7-0086/2011), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Internal Market and Consumer Protection (A7-0086/2011),

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

1.

Adopts its position at second reading hereinafter set out;

| 2. | Approves the joint statement by Parliament and the Council annexed to this resolution; |
| --- | --- |

2.

Approves the joint statement by Parliament and the Council annexed to this resolution;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

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

---

(1)  OJ C 255, 22.9.2010, p. 37.

(2)  Texts adopted of 18.5.2010, P7_TA(2010)0168.

---

Wednesday 11 May 2011P7_TC2-COD(2009)0006

Position of the European Parliament adopted at second reading on 11 May 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council on textile fibre names and related labelling and marking of fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1007/2011.)

Wednesday 11 May 2011ANNEX

Joint Statement by the European Parliament and the Council

The European Parliament and the Council are mindful of the importance of providing accurate information to consumers, in particular when products are marked with an indication of origin, so as to protect them against fraudulent, inaccurate or misleading claims. The use of new technologies, such as electronic labelling, including Radio Frequency Identification, may be a useful tool to provide such information while keeping pace with technical development. The European Parliament and the Council invite the Commission, when drawing up the report pursuant to Article 24 of the Regulation, to consider their impact on possible new labelling requirements, including with a view to improving the traceability of textile products.

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/253 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/253

---

Wednesday 11 May 2011Exceptional trade measures for countries and territories participating in or linked to the EU's Stabilisation and Association process ***I

P7_TA(2011)0219

European Parliament amendments adopted on 11 May 2011 to the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process (COM(2010)0054 – C7-0042/2010 – 2010/0036(COD)) (1)

2012/C 377 E/46

(Ordinary legislative procedure: first reading)

| TEXT PROPOSED BY THE COMMISSION | AMENDMENT |
| --- | --- |
| Amendment 12 |
| Proposal for a regulation – amending act


  Recital 7 a (new) |
| | (7a) | In order to adopt the provisions necessary for the application of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of detailed rules for implementing tariff quota for "baby beef" products, amendments and technical adjustments necessary following amendments to the Combined Nomenclature code and to the TARIC subdivisions, and necessary adjustments following the conclusion of the other agreements between the Union and the countries and territories referred to in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENT

Amendment 12

Proposal for a regulation – amending act

Recital 7 a (new)

(7a)

In order to adopt the provisions necessary for the application of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of detailed rules for implementing tariff quota for "baby beef" products, amendments and technical adjustments necessary following amendments to the Combined Nomenclature code and to the TARIC subdivisions, and necessary adjustments following the conclusion of the other agreements between the Union and the countries and territories referred to in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

Amendment 13

Proposal for a regulation – amending act

Recital 7 b (new)

| (7b) | In order to ensure uniform conditions for the implementation of this Regulation with regard to the issuing of authenticity certificates attesting that the goods originate in the country or territory concerned and correspond to the definition in this Regulation, and for the temporary suspension, in whole or in part, of the arrangements provided for in this Regulation, implementing powers should be conferred on the Commission. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011/EU of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (2). The advisory procedure should be used for the adoption of implementing acts for the issuing of authenticity certificates attesting that the goods originate in the country or territory concerned and correspond to the definition in this Regulation given the effects of those measures; and for the adoption of implementing acts for taking measures to suspend in whole or in part the arrangements provided for in this Regulation for a period of three months. |
| --- | --- |

(7b)

In order to ensure uniform conditions for the implementation of this Regulation with regard to the issuing of authenticity certificates attesting that the goods originate in the country or territory concerned and correspond to the definition in this Regulation, and for the temporary suspension, in whole or in part, of the arrangements provided for in this Regulation, implementing powers should be conferred on the Commission. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011/EU of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (2). The advisory procedure should be used for the adoption of implementing acts for the issuing of authenticity certificates attesting that the goods originate in the country or territory concerned and correspond to the definition in this Regulation given the effects of those measures; and for the adoption of implementing acts for taking measures to suspend in whole or in part the arrangements provided for in this Regulation for a period of three months.

Amendment 14

Proposal for a regulation – amending act

Article 1 – point 2 a (new)

Regulation (EC) No 1215/2009

Article 2 – paragraph 2 – subparagraph 2

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



  "In the event of non-compliance in [...] respect of paragraphs 1 or 2, the Commission may suspend the benefits of this Regulation for countries and territories, in whole or in part, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(3)." |
| --- | --- |

(2a)

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

"In the event of non-compliance in [...] respect of paragraphs 1 or 2, the Commission may suspend the benefits of this Regulation for countries and territories, in whole or in part, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(3)."

Amendment 15

Proposal for a regulation – amending act

Article 1 – point 3

Regulation (EC) No 1215/2009

Article 3 – paragraph 2 – subparagraph 2

Any request for import within this quota shall be accompanied by an authenticity certificate issued by the competent authorities of the exporting territory and attesting that the goods originate in the territory concerned and correspond to the definition in Annex II to this Regulation. This certificate shall be drawn up by the Commission in accordance with the procedure referred to in
  Article 195(2) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation).

Any request for import within this quota shall be accompanied by an authenticity certificate issued by the competent authorities of the exporting territory and attesting that the goods originate in the territory concerned and correspond to the definition in Annex II to this Regulation. This certificate shall be drawn up by the Commission
  by means of implementing acts. Those implementing acts shall be adopted
  in accordance with the
  advisory
  procedure referred to in
  Article 8(2).

Amendment 16

Proposal for a regulation – amending act

Article 1 – point 4 a (new)

Regulation (EC) No 1215/2009

Article 3 – paragraph 4

| (4a) | In Article 3, paragraph 4 is replaced by the following:



  "4.   Notwithstanding other provisions of this Regulation, and in particular Article 10, given the particular sensitivity of the agricultural and fishery markets, where imports of agricultural and fishery products cause serious disturbance to Union markets and their regulatory mechanisms, the Commission may adopt appropriate measures by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(3)." |
| --- | --- |

(4a)

In Article 3, paragraph 4 is replaced by the following:

"4.   Notwithstanding other provisions of this Regulation, and in particular Article 10, given the particular sensitivity of the agricultural and fishery markets, where imports of agricultural and fishery products cause serious disturbance to Union markets and their regulatory mechanisms, the Commission may adopt appropriate measures by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(3)."

Amendment 17

Proposal for a regulation – amending act

Article 1 – point 5

Regulation Regulation (EC) No 1215/2009

Article 4

| (5) | Article 4 is replaced by the following:



  "Article 4


  Implementation of tariff quota for ‧baby beef‧



  "The detailed rules for implementing the tariff quota for "baby beef" products shall be determined by the Commission in accordance with the procedure referred to in Article 195(2) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)." " |
| --- | --- |

(5)

Article 4 is replaced by the following:

"Article 4

Implementation of tariff quota for ‧baby beef‧

"The detailed rules for implementing the tariff quota for "baby beef" products shall be determined by the Commission in accordance with the procedure referred to in Article 195(2) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)." "

deleted

Amendment 18

Proposal for a regulation – amending act

Article 1 – point 5 a (new)

Regulation Regulation (EC) No 1215/2009

Article 7

| (5a) | Article 7 is replaced by the following:



  "Article 7


  Conferral of powers

  The Commission shall be empowered to adopt delegated acts in accordance with Article 7a concerning:









  (a) | amendments and technical adjustments necessary following amendments to the Combined Nomenclature codes and to the TARIC subdivisions; |
| --- | --- | --- |

(5a)

Article 7 is replaced by the following:

"Article 7

Conferral of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 7a concerning:

(a)

amendments and technical adjustments necessary following amendments to the Combined Nomenclature codes and to the TARIC subdivisions;

| (b) | necessary adjustments following the conclusion of the other agreements between the Union and the countries and territories referred to in Article 1; |
| --- | --- |

(b)

necessary adjustments following the conclusion of the other agreements between the Union and the countries and territories referred to in Article 1;

| (c) | detailed rules for implementing the tariff quota for "baby beef" products. |
| --- | --- |

(c)

detailed rules for implementing the tariff quota for "baby beef" products.

Where imperative grounds of urgency so require, the procedure provided for in Article 7b shall apply to delegated acts adopted pursuant to this Article."

Amendment 19

Proposal for a regulation – amending act

Article 1 – point 5 b (new)

Regulation Regulation (EC) No 1215/2009

Article 7 a (new)

| (5b) | The following article is inserted:



  "Article 7a


  Exercise of the delegation



  1.
     
  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.




  2.
     
  The delegation of power referred to in Article 7 shall be conferred on the Commission until 31 December 2015. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of that period.




  3.
     
  The delegation of power referred to in Article 7 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the £Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force.




  4.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.




  5.
     
  A delegated act adopted pursuant to Article 7 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council." |
| --- | --- |

(5b)

The following article is inserted:

"Article 7a

Exercise of the delegation

1.
     
  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.
     
  The delegation of power referred to in Article 7 shall be conferred on the Commission until 31 December 2015. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of that period.

3.
     
  The delegation of power referred to in Article 7 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the £Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.
     
  A delegated act adopted pursuant to Article 7 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council."

Amendment 20

Proposal for a regulation – amending act

Article 1 – point 5 c (new)

Regulation Regulation (EC) No 1215/2009

Article 7 b (new)

| (5c) | The following article is inserted:



  "Article 7b


  Urgency procedure



  1.
     
  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.




  2.
     
  Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 7a. In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council." |
| --- | --- |

(5c)

The following article is inserted:

"Article 7b

Urgency procedure

1.
     
  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2.
     
  Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 7a. In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council."

Amendment 21

Proposal for a regulation – amending act

Article 1 – point 5 d (new)

Regulation Regulation (EC) No 1215/2009

Article 8

| (5d) | Article 8 is replaced by the following:



  ‘Article 8

  Committee procedure


  1.   The Commission shall be assisted by the Western Balkans Implementation Committee. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.



  2.   Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.



  3.
     
  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.’ |
| --- | --- |

(5d)

Article 8 is replaced by the following:

‘Article 8

Committee procedure

1.   The Commission shall be assisted by the Western Balkans Implementation Committee. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

3.
     
  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.’

Amendment 22

Proposal for a regulation – amending act

Article 1 – point 5 e (new)

Regulation Regulation (EC) No 1215/2009

Article 10 – paragraph 1

| (5e) | Article 10(1) is amended as follows:










  (a) | point (a) is replaced by the following:









  "(a) | informed the Western Balkans Implementation Committee;" |
| --- | --- | --- | --- |

(5e)

Article 10(1) is amended as follows:

(a)

point (a) is replaced by the following:

"(a)

informed the Western Balkans Implementation Committee;"

| (b) | the following subparagraph is added:




  "The measures referred to in the first subparagraph shall be adopted by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 8(2)." |
| --- | --- |

(b)

the following subparagraph is added:

"The measures referred to in the first subparagraph shall be adopted by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 8(2)."

---

(1)  The matter was then referred back to committee pursuant to Rule 57(2), second subparagraph (A7-0243/2010).

(2)  

  OJ L 55, 28.2.2011, p. 13.

---

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/258 |
| --- | --- | --- | --- |

7.12.2012

EN

Official Journal of the European Union

CE 377/258

---

Wednesday 11 May 2011First radio spectrum policy programme ***I

P7_TA(2011)0220

European Parliament legislative resolution of 11 May 2011 on the proposal for a decision of the European Parliament and of the Council establishing the first radio spectrum policy programme (COM(2010)0471 – C7-0270/2010 – 2010/0252(COD))

2012/C 377 E/47

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0471), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0471),

| — | having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0270/2010), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0270/2010),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 16 February 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 16 February 2011 (1),

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Culture and Education (A7-0151/2011), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Culture and Education (A7-0151/2011),

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

1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

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

---

(1)  OJ C 107, 6.4.2011, p. 53.

---

Wednesday 11 May 2011P7_TC1-COD(2010)0252

Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Decision No .../2011/EU of the European Parliament and of the Council establishing the first radio spectrum policy programme

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Article 8a(3) of the Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (3) provides that the Commission may submit a legislative proposal to the European Parliament and Council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services. These policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market.
  The radio spectrum policy programme supports the goals and key actions outlined in the Europe 2020 Strategy and the Digital Agenda, and is included among the 50 priority actions of the Single Market Act.
  This Decision is without prejudice to existing Union law, in particular Directives 1999/5/EC
  of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (4), 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (5),
  2002/20/EC
  of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (6),
  2002/21/EC
  and 2009/140/EC of the European Parliament and of the Council (7), amending Directives 2002/21/EC, 2002/19/EC and 2002/20/EC
  , as well as Decision No 676/2002/EC
  of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (8)

  . It is also without prejudice to measures taken at national level, in compliance with Union law, to pursue general interest objectives, in particular relating to content regulation and audio-visual policy and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence. [Am. 1] |
| --- | --- |

(1)

Article 8a(3) of the Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (3) provides that the Commission may submit a legislative proposal to the European Parliament and Council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services. These policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market.
  The radio spectrum policy programme supports the goals and key actions outlined in the Europe 2020 Strategy and the Digital Agenda, and is included among the 50 priority actions of the Single Market Act.
  This Decision is without prejudice to existing Union law, in particular Directives 1999/5/EC
  of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (4), 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (5),
  2002/20/EC
  of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (6),
  2002/21/EC
  and 2009/140/EC of the European Parliament and of the Council (7), amending Directives 2002/21/EC, 2002/19/EC and 2002/20/EC
  , as well as Decision No 676/2002/EC
  of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (8)

  . It is also without prejudice to measures taken at national level, in compliance with Union law, to pursue general interest objectives, in particular relating to content regulation and audio-visual policy and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence. [Am. 1]

| (2) | Spectrum is a key
  public
  resource for essential sectors and services, including mobile, wireless broadband and satellite communications, television and radio broadcasting, transport, radiolocation, and applications such as alarm, remote controls, hearing aids, microphones, and medical equipment. It supports public services such as security and safety services, including civil protection, and scientific activities, such as meteorology, Earth observation, radio astronomy and space research.
  An efficient use of spectrum also plays a role in the universal access to electronic communications, in particular for citizens and businesses located in less populated or remote areas, such as rural areas or islands.
  Regulatory measures on spectrum therefore have economic, safety, health, public interest, cultural, scientific, social, environmental and technical implications. [Am. 2] |
| --- | --- |

(2)

Spectrum is a key
  public
  resource for essential sectors and services, including mobile, wireless broadband and satellite communications, television and radio broadcasting, transport, radiolocation, and applications such as alarm, remote controls, hearing aids, microphones, and medical equipment. It supports public services such as security and safety services, including civil protection, and scientific activities, such as meteorology, Earth observation, radio astronomy and space research.
  An efficient use of spectrum also plays a role in the universal access to electronic communications, in particular for citizens and businesses located in less populated or remote areas, such as rural areas or islands.
  Regulatory measures on spectrum therefore have economic, safety, health, public interest, cultural, scientific, social, environmental and technical implications. [Am. 2]

| (3) | A renewed economic and social approach with regard to the management, allocation and usage of spectrum should be adopted, whereby particular focus is directed towards formulating regulation which ensures greater spectrum efficiency, better frequency planning and safeguards against anti-competitive behaviour and the taking of anti-social measures with regard to the usage of spectrum. [Am. 3] |
| --- | --- |

(3)

A renewed economic and social approach with regard to the management, allocation and usage of spectrum should be adopted, whereby particular focus is directed towards formulating regulation which ensures greater spectrum efficiency, better frequency planning and safeguards against anti-competitive behaviour and the taking of anti-social measures with regard to the usage of spectrum. [Am. 3]

| (4) | The strategic planning and harmonisation of spectrum use at Union level should enhance the single market for wireless electronic communications services and equipment as well as other Union policies requiring spectrum use, thus creating new opportunities for innovation
  and employment creation,
  and
  simultaneously
  contributing to economic recovery and social integration across the Union, while at the same time respecting the important social, cultural and economic value of spectrum.
  The harmonisation of spectrum use is also essential to ensure the quality of the services provided by electronic communications and to create economies of scale lowering both the cost of deploying wireless networks and the cost of wireless devices for consumers.
  To this end, the Union therefore needs a policy programme that covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport,
  culture
  and energy.
  Any delay of the necessary reform by current right holders should be avoided at all costs. [Am. 4] |
| --- | --- |

(4)

The strategic planning and harmonisation of spectrum use at Union level should enhance the single market for wireless electronic communications services and equipment as well as other Union policies requiring spectrum use, thus creating new opportunities for innovation
  and employment creation,
  and
  simultaneously
  contributing to economic recovery and social integration across the Union, while at the same time respecting the important social, cultural and economic value of spectrum.
  The harmonisation of spectrum use is also essential to ensure the quality of the services provided by electronic communications and to create economies of scale lowering both the cost of deploying wireless networks and the cost of wireless devices for consumers.
  To this end, the Union therefore needs a policy programme that covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport,
  culture
  and energy.
  Any delay of the necessary reform by current right holders should be avoided at all costs. [Am. 4]

| (5) | This first programme should promote competition, introduce a pan-European level playing field and lay the foundation for a genuine single digital market. In order to secure the full potential and consumer benefits of this radio spectrum programme and of the single market, the programme should be supplemented by upcoming and new proposals that will enable the development of the online economy such as on data protection and on a European licence system for online content. [Am. 5] |
| --- | --- |

(5)

This first programme should promote competition, introduce a pan-European level playing field and lay the foundation for a genuine single digital market. In order to secure the full potential and consumer benefits of this radio spectrum programme and of the single market, the programme should be supplemented by upcoming and new proposals that will enable the development of the online economy such as on data protection and on a European licence system for online content. [Am. 5]

| (6) | This first programme should in particular support the Europe 2020 Strategy for smart, sustainable and inclusive growth given the huge potential of wireless services to promote an information-based economy, develop and assist sectors relying on information and communications technologies and overcome the digital divide.
  The explosion of, in particular, audiovisual media services and online content is driving demand for speed and coverage
  . It is also a key action in the Digital Agenda for Europe (9) which aims to deliver fast broadband internet in the future network-based knowledge economy, with an ambitious target for universal broadband coverage
  . Providing the highest possible broadband speeds and capacity, ensuring not less than 30 Mbps for all by 2020 with at least half of European households having broadband access at a speed of at least 100 Mbps, is important for fostering economic growth and global competitiveness
  , and necessary to achieve the sustainable economic and social benefits of a digital single market. It should also support and promote other Union sectoral policies such as a sustainable environment and economic and social inclusion for all Union citizens. Given the importance of wireless applications for innovation, this programme is also a key initiative in support of Union policies on innovation. [Am. 6] |
| --- | --- |

(6)

This first programme should in particular support the Europe 2020 Strategy for smart, sustainable and inclusive growth given the huge potential of wireless services to promote an information-based economy, develop and assist sectors relying on information and communications technologies and overcome the digital divide.
  The explosion of, in particular, audiovisual media services and online content is driving demand for speed and coverage
  . It is also a key action in the Digital Agenda for Europe (9) which aims to deliver fast broadband internet in the future network-based knowledge economy, with an ambitious target for universal broadband coverage
  . Providing the highest possible broadband speeds and capacity, ensuring not less than 30 Mbps for all by 2020 with at least half of European households having broadband access at a speed of at least 100 Mbps, is important for fostering economic growth and global competitiveness
  , and necessary to achieve the sustainable economic and social benefits of a digital single market. It should also support and promote other Union sectoral policies such as a sustainable environment and economic and social inclusion for all Union citizens. Given the importance of wireless applications for innovation, this programme is also a key initiative in support of Union policies on innovation. [Am. 6]

| (7) | The first programme must lay the foundations for a development whereby the Union can take the lead regarding broadband speeds, mobility, coverage and capacity. Such leadership is essential in order to establish a competitive digital single market working as a spearhead to free up the internal market for all Union citizens. [Am. 7] |
| --- | --- |

(7)

The first programme must lay the foundations for a development whereby the Union can take the lead regarding broadband speeds, mobility, coverage and capacity. Such leadership is essential in order to establish a competitive digital single market working as a spearhead to free up the internal market for all Union citizens. [Am. 7]

| (8) | The first programme should
  lay down the
  principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. While spectrum management is still largely a national competence, it should be exercised in compliance with existing Union law and allow for action to pursue Union policies. [Am. 8] |
| --- | --- |

(8)

The first programme should
  lay down the
  principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. While spectrum management is still largely a national competence, it should be exercised in compliance with existing Union law and allow for action to pursue Union policies. [Am. 8]

| (9) | The programme should also take into account Decision No 676/2002/EC and the technical expertise of the European Conference of Postal and Telecommunications Administrations (CEPT) so that Union policies which rely on spectrum and were agreed by Parliament and Council can be implemented by technical implementing measures, noting that such measures can be taken whenever necessary to implement already existing Union policies. |
| --- | --- |

(9)

The programme should also take into account Decision No 676/2002/EC and the technical expertise of the European Conference of Postal and Telecommunications Administrations (CEPT) so that Union policies which rely on spectrum and were agreed by Parliament and Council can be implemented by technical implementing measures, noting that such measures can be taken whenever necessary to implement already existing Union policies.

| (10) | Ensuring the optimal
  and productive
  use of spectrum
  as a public good
  may require
  the Commission and Member States to put in place
  innovative authorisation solutions such as collective use of spectrum, general authorisations or infrastructure sharing
  , besides traditional solutions like auctions
  . The application of such principles in the Union might be facilitated by
  identifying best practices and encouraging information sharing, as well as
  by defining certain common or converging conditions for spectrum usage. General authorisations, which are the
  most appropriate and
  least onerous authorisation system, are of particular interest where interference does not risk hampering the development of other services, and most appropriate according to Article 5 of Directive 2002/20/EC
  . [Am. 9] |
| --- | --- |

(10)

Ensuring the optimal
  and productive
  use of spectrum
  as a public good
  may require
  the Commission and Member States to put in place
  innovative authorisation solutions such as collective use of spectrum, general authorisations or infrastructure sharing
  , besides traditional solutions like auctions
  . The application of such principles in the Union might be facilitated by
  identifying best practices and encouraging information sharing, as well as
  by defining certain common or converging conditions for spectrum usage. General authorisations, which are the
  most appropriate and
  least onerous authorisation system, are of particular interest where interference does not risk hampering the development of other services, and most appropriate according to Article 5 of Directive 2002/20/EC
  . [Am. 9]

| (11) | Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. Therefore, bands in which flexible use has already been introduced by Union law should be immediately made tradable pursuant to the Directive 2002/21/EC. In addition, common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum, would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union.
  In addition, with a view to achieving the objectives of the Digital Agenda for Europe, part of the proceeds from the auctioning of spectrum rights (‘digital dividend’) should be used to speed up the expansion of broadband coverage. [Am. 11] |
| --- | --- |

(11)

Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. Therefore, bands in which flexible use has already been introduced by Union law should be immediately made tradable pursuant to the Directive 2002/21/EC. In addition, common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum, would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union.
  In addition, with a view to achieving the objectives of the Digital Agenda for Europe, part of the proceeds from the auctioning of spectrum rights (‘digital dividend’) should be used to speed up the expansion of broadband coverage. [Am. 11]

| (12) | As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition,
  a pan-European level playing field,
  consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users benefit from undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore
  conduct a thorough analysis of competition effects prior to new spectrum allocations, as well as taking
  appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9(7) of the Directive 2002/21/EC, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC and Article 1(2) of
  Council
  Directive 87/372/EEC
  of 25 June 1987 on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community (10)

  (the ‘GSM Directive’).
  Member States may also take steps to achieve a more even allocation of spectrum between economic operators by reserving spectrum for new entrants to a frequency band or group of bands with similar characteristics. [Am. 12] |
| --- | --- |

(12)

As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition,
  a pan-European level playing field,
  consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users benefit from undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore
  conduct a thorough analysis of competition effects prior to new spectrum allocations, as well as taking
  appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9(7) of the Directive 2002/21/EC, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC and Article 1(2) of
  Council
  Directive 87/372/EEC
  of 25 June 1987 on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community (10)

  (the ‘GSM Directive’).
  Member States may also take steps to achieve a more even allocation of spectrum between economic operators by reserving spectrum for new entrants to a frequency band or group of bands with similar characteristics. [Am. 12]

| (13) | Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC of 16 May 2007 on harmonised availability of information regarding spectrum use within the Community (11) requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use
  and the efficiency of such use is
  necessary in the Union
  , following a common
  review and assessment methodology, in order to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and
  6 GHz, but also between 6 GHz and 70 GHz as these frequencies will become increasingly important following rapid technological developments. The inventory should be sufficiently detailed
  to identify inefficient technologies and usages in both the
  private
  and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.
  In addition, taking into account the continuous growth of the number of applications using wireless data, Member States should promote the efficient use of spectrum for user applications. [Am. 13] |
| --- | --- |

(13)

Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC of 16 May 2007 on harmonised availability of information regarding spectrum use within the Community (11) requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use
  and the efficiency of such use is
  necessary in the Union
  , following a common
  review and assessment methodology, in order to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and
  6 GHz, but also between 6 GHz and 70 GHz as these frequencies will become increasingly important following rapid technological developments. The inventory should be sufficiently detailed
  to identify inefficient technologies and usages in both the
  private
  and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.
  In addition, taking into account the continuous growth of the number of applications using wireless data, Member States should promote the efficient use of spectrum for user applications. [Am. 13]

| (14) | While technologically still in development, so-called ‘cognitive technologies’ should already be further explored and implemented through geolocalised information on spectrum usage, which should be mapped in the inventory. [Am. 89] |
| --- | --- |

(14)

While technologically still in development, so-called ‘cognitive technologies’ should already be further explored and implemented through geolocalised information on spectrum usage, which should be mapped in the inventory. [Am. 89]

| (15) | Harmonised standards under Directive 1999/5/EC are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions. European standards for non-radio electric and electronic equipment and networks should also avoid disturbance to spectrum use. The cumulative impact of the increasing volume and density of wireless devices and applications combined with the diversity of spectrum use challenges current approaches to interference management. These should be examined and reassessed together with receiver characteristics and more sophisticated interference avoidance mechanisms
  , with the aim of avoiding harmful interference or disturbance to existing and future spectrum use
  .
  Moreover, Member States should be allowed, where appropriate, to introduce, in accordance with national law, compensatory measures relating to the direct cost of resolving interference issues and migration costs
  . [Am. 14] |
| --- | --- |

(15)

Harmonised standards under Directive 1999/5/EC are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions. European standards for non-radio electric and electronic equipment and networks should also avoid disturbance to spectrum use. The cumulative impact of the increasing volume and density of wireless devices and applications combined with the diversity of spectrum use challenges current approaches to interference management. These should be examined and reassessed together with receiver characteristics and more sophisticated interference avoidance mechanisms
  , with the aim of avoiding harmful interference or disturbance to existing and future spectrum use
  .
  Moreover, Member States should be allowed, where appropriate, to introduce, in accordance with national law, compensatory measures relating to the direct cost of resolving interference issues and migration costs
  . [Am. 14]

| (16) | In line with the objectives of the Commission's flagship initiative Digital Agenda for Europe, wireless broadband
  services
  contribute substantially to economic recovery and growth if sufficient spectrum is made available, usage rights are awarded quickly and trading is allowed to adapt to market evolution. The Digital Agenda calls for all Union citizens to have access to broadband of at least 30 Mbps by 2020. Therefore, spectrum that has already been
  harmonised
  should be authorised by 2012 for terrestrial communications to ensure easy access to wireless broadband for all, in particular within spectrum bands designated by Commission Decisions 2008/477/EC (12), 2008/411/EC (13) and 2009/766/EC (14). To complement terrestrial broadband services and ensure coverage of most remote Union areas, affordable satellite broadband access could be a fast and feasible solution. [Am. 15] |
| --- | --- |

(16)

In line with the objectives of the Commission's flagship initiative Digital Agenda for Europe, wireless broadband
  services
  contribute substantially to economic recovery and growth if sufficient spectrum is made available, usage rights are awarded quickly and trading is allowed to adapt to market evolution. The Digital Agenda calls for all Union citizens to have access to broadband of at least 30 Mbps by 2020. Therefore, spectrum that has already been
  harmonised
  should be authorised by 2012 for terrestrial communications to ensure easy access to wireless broadband for all, in particular within spectrum bands designated by Commission Decisions 2008/477/EC (12), 2008/411/EC (13) and 2009/766/EC (14). To complement terrestrial broadband services and ensure coverage of most remote Union areas, affordable satellite broadband access could be a fast and feasible solution. [Am. 15]

| (17) | According to multiple converging studies, mobile data traffic is increasing rapidly and is currently being doubled every year. At this pace, which is likely to continue in the coming years, mobile data traffic will have increased nearly 40 fold between 2009 and 2014. In order to manage this exponential growth, a number of actions will be required by regulators and market players including increased spectrum efficiency across the board, possible further harmonised spectrum allocations for wireless broadband, and traffic offload onto other networks via multi-mode devices. [Am. 16] |
| --- | --- |

(17)

According to multiple converging studies, mobile data traffic is increasing rapidly and is currently being doubled every year. At this pace, which is likely to continue in the coming years, mobile data traffic will have increased nearly 40 fold between 2009 and 2014. In order to manage this exponential growth, a number of actions will be required by regulators and market players including increased spectrum efficiency across the board, possible further harmonised spectrum allocations for wireless broadband, and traffic offload onto other networks via multi-mode devices. [Am. 16]

| (18) | More flexible arrangements governing spectrum use should be introduced in order to foster innovation and high-speed broadband connections which enable firms to reduce their costs and increase their competitiveness and make it possible to develop new interactive online services, for example in the fields of education, health and services of general interest. [Am. 17] |
| --- | --- |

(18)

More flexible arrangements governing spectrum use should be introduced in order to foster innovation and high-speed broadband connections which enable firms to reduce their costs and increase their competitiveness and make it possible to develop new interactive online services, for example in the fields of education, health and services of general interest. [Am. 17]

| (19) | A European market with nearly 500 million people connected to high-speed broadband would act as a spearhead for the development of the internal market, creating a globally unique critical mass of users exposing all regions to new opportunities and giving each user increased value and the Union the capacity to be a world-leading knowledge-based economy. A rapid deployment of broadband is crucial for the development of productivity in the Union and for the emergence of new and small enterprises that can be leaders in different sectors, for example healthcare, manufacturing and the services industry. [Am. 18] |
| --- | --- |

(19)

A European market with nearly 500 million people connected to high-speed broadband would act as a spearhead for the development of the internal market, creating a globally unique critical mass of users exposing all regions to new opportunities and giving each user increased value and the Union the capacity to be a world-leading knowledge-based economy. A rapid deployment of broadband is crucial for the development of productivity in the Union and for the emergence of new and small enterprises that can be leaders in different sectors, for example healthcare, manufacturing and the services industry. [Am. 18]

| (20) | The International Telecommunications Union (ITU) has estimated the future spectrum bandwidth requirements for the development of International Mobile Telecommunications-2000 (IMT-2000) and IMT-advanced systems (i.e. 3G and 4G mobile communications) as amounting to between 1 280 and 1 720 MHz in 2020 for the commercial mobile industry for each ITU region including Europe. Without freeing up additional spectrum, preferably in a harmonised way at global level, new services and economic growth will be hindered by capacity constraints in mobile networks. [Am. 19] |
| --- | --- |

(20)

The International Telecommunications Union (ITU) has estimated the future spectrum bandwidth requirements for the development of International Mobile Telecommunications-2000 (IMT-2000) and IMT-advanced systems (i.e. 3G and 4G mobile communications) as amounting to between 1 280 and 1 720 MHz in 2020 for the commercial mobile industry for each ITU region including Europe. Without freeing up additional spectrum, preferably in a harmonised way at global level, new services and economic growth will be hindered by capacity constraints in mobile networks. [Am. 19]

| (21) | In addition to a timely and pro-competitive freeing up of the 880-915 MHz and 925-960 MHz frequency bands (the ‘900 MHz band’) in accordance with Directive 2009/114/EC of the European Parliament and of the Council (15), the 790–862 MHz band (the ‘800 MHz band’) can be used in an optimal way
  for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under
  Commission
  Decision 2010/267/EU
  of 6 May 2010 on harmonised technical conditions of use in the 790-862 MHz frequency band for terrestrial systems capable of providing electronic communications services in the European Union (16)

  , and on Commission Recommendation
  2009/848/EC
  of 28 October 2009
  facilitating the release of the digital dividend in the European Union (17),
  calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013.
  Speedy implementation in respect of that band is needed to avoid technical disturbances, particularly in the border regions between Member States.
  Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations
  achieved through the principles of technical and service neutrality
  should be attached to rights.
  Additional spectrum for wireless broadband services in the 1 452-1 492 MHz band (the ‘1,5 GHz band’) and the 2 300-2 400 MHz band (the ‘2,3 GHz band’) should be freed up to meet the increasing demand for mobile traffic and should ensure a level playing field between different technological solutions and support the emergence of pan-European operators within the Union. Further mobile service spectrum allocations, such as the 694-790 MHz band (the ‘700 MHz band’), should be evaluated depending on future capacity requirements for wireless broadband services and terrestrial TV. [Am. 20] |
| --- | --- |

(21)

In addition to a timely and pro-competitive freeing up of the 880-915 MHz and 925-960 MHz frequency bands (the ‘900 MHz band’) in accordance with Directive 2009/114/EC of the European Parliament and of the Council (15), the 790–862 MHz band (the ‘800 MHz band’) can be used in an optimal way
  for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under
  Commission
  Decision 2010/267/EU
  of 6 May 2010 on harmonised technical conditions of use in the 790-862 MHz frequency band for terrestrial systems capable of providing electronic communications services in the European Union (16)

  , and on Commission Recommendation
  2009/848/EC
  of 28 October 2009
  facilitating the release of the digital dividend in the European Union (17),
  calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013.
  Speedy implementation in respect of that band is needed to avoid technical disturbances, particularly in the border regions between Member States.
  Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations
  achieved through the principles of technical and service neutrality
  should be attached to rights.
  Additional spectrum for wireless broadband services in the 1 452-1 492 MHz band (the ‘1,5 GHz band’) and the 2 300-2 400 MHz band (the ‘2,3 GHz band’) should be freed up to meet the increasing demand for mobile traffic and should ensure a level playing field between different technological solutions and support the emergence of pan-European operators within the Union. Further mobile service spectrum allocations, such as the 694-790 MHz band (the ‘700 MHz band’), should be evaluated depending on future capacity requirements for wireless broadband services and terrestrial TV. [Am. 20]

| (22) | Increased mobile broadband opportunities are crucial to provide the cultural sector with new distribution platforms, thereby paving the way for the successful future development of the sector. It is essential that terrestrial TV services and other actors be able to maintain existing services when an additional part of the spectrum is freed up for wireless services. Migration costs, resulting from the freeing up of additional spectrum, may be covered through licence fees, making it possible for broadcasters to have the same opportunities as are enjoyed today in other parts of the spectrum. [Am. 21] |
| --- | --- |

(22)

Increased mobile broadband opportunities are crucial to provide the cultural sector with new distribution platforms, thereby paving the way for the successful future development of the sector. It is essential that terrestrial TV services and other actors be able to maintain existing services when an additional part of the spectrum is freed up for wireless services. Migration costs, resulting from the freeing up of additional spectrum, may be covered through licence fees, making it possible for broadcasters to have the same opportunities as are enjoyed today in other parts of the spectrum. [Am. 21]

| (23) | Wireless access systems, including radio local access networks, are outgrowing their current allocations on an unlicensed basis at 2,4 GHz and 5 GHz. In order to accommodate the next generation of wireless technologies, wider channels are required, enabling speeds in excess of 1 Gbps. In addition, the feasibility of extending the allocations of unlicensed spectrum for wireless access systems, including radio local area networks, established by Commission Decision 2005/513/EC

   (18)

  , should be assessed in relation to the inventory of existing uses of, and emerging needs for, spectrum, and depending on use of spectrum for other usages. [Ams. 22 and 25] |
| --- | --- |

(23)

Wireless access systems, including radio local access networks, are outgrowing their current allocations on an unlicensed basis at 2,4 GHz and 5 GHz. In order to accommodate the next generation of wireless technologies, wider channels are required, enabling speeds in excess of 1 Gbps. In addition, the feasibility of extending the allocations of unlicensed spectrum for wireless access systems, including radio local area networks, established by Commission Decision 2005/513/EC

   (18)

  , should be assessed in relation to the inventory of existing uses of, and emerging needs for, spectrum, and depending on use of spectrum for other usages. [Ams. 22 and 25]

| (24) | While broadcast will remain an important distribution platform for content, as it is still the most economical platform for mass-distribution, broadband, fixed and mobile, and other new services provide new opportunities for the cultural sector to diversify its range of distribution platforms, to deliver on-demand services and to tap into the economic potential of the major increase in data traffic. [Am. 23] |
| --- | --- |

(24)

While broadcast will remain an important distribution platform for content, as it is still the most economical platform for mass-distribution, broadband, fixed and mobile, and other new services provide new opportunities for the cultural sector to diversify its range of distribution platforms, to deliver on-demand services and to tap into the economic potential of the major increase in data traffic. [Am. 23]

| (25) | Similar to the ‘GSM’ standard, which was successfully taken up around the world thanks to an early and decisive pan-European harmonisation, the Union should aim to set the global agenda for future spectrum re-allocations especially for the most efficient part of the spectrum. Agreements in the World Radiocommunication Conference (WRC) 2016 will be pivotal to ensure global harmonisation and co-ordination with neighbouring third countries. [Am. 24] |
| --- | --- |

(25)

Similar to the ‘GSM’ standard, which was successfully taken up around the world thanks to an early and decisive pan-European harmonisation, the Union should aim to set the global agenda for future spectrum re-allocations especially for the most efficient part of the spectrum. Agreements in the World Radiocommunication Conference (WRC) 2016 will be pivotal to ensure global harmonisation and co-ordination with neighbouring third countries. [Am. 24]

| (26) | Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions
  should
  be defined in concerted action among Member States and with the Commission. Conditions
  should primarily ensure new entrants' access to lower bands through auctions or other competition procedures. Conditions
  could
  also
  include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum
  , facilitating the emergence of new pan-European services
  and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased. [Am. 26] |
| --- | --- |

(26)

Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions
  should
  be defined in concerted action among Member States and with the Commission. Conditions
  should primarily ensure new entrants' access to lower bands through auctions or other competition procedures. Conditions
  could
  also
  include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum
  , facilitating the emergence of new pan-European services
  and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased. [Am. 26]

| (27) | Additional spectrum may be needed by other sectors such as transport (for safety, information and management systems), research and development (R&D),
  culture,
  e-health, e-inclusion
  and
  public protection and disaster relief
  (PPDR), the latter in view of its increased use of video and data transmission for quick and more efficient service
  . Optimising synergies
  and direct links
  between spectrum policy and R&D activities and carrying out studies of radio compatibility between different spectrum users should help innovation.
  Relevant research organisations
  should help in developing the technical aspects of spectrum regulation, notably by providing testing facilities to verify interference models relevant to Union legislation. Moreover, results of research under the Seventh Framework Programme for research, technological development and demonstration activities (19) require the examination of the spectrum needs of projects that may have a large economic or investment potential, in particular for small and medium-sized enterprises (SMEs), e.g. cognitive radio or e-health. Adequate protection against harmful interference should also be ensured to sustain R&D and scientific activities. [Am. 27] |
| --- | --- |

(27)

Additional spectrum may be needed by other sectors such as transport (for safety, information and management systems), research and development (R&D),
  culture,
  e-health, e-inclusion
  and
  public protection and disaster relief
  (PPDR), the latter in view of its increased use of video and data transmission for quick and more efficient service
  . Optimising synergies
  and direct links
  between spectrum policy and R&D activities and carrying out studies of radio compatibility between different spectrum users should help innovation.
  Relevant research organisations
  should help in developing the technical aspects of spectrum regulation, notably by providing testing facilities to verify interference models relevant to Union legislation. Moreover, results of research under the Seventh Framework Programme for research, technological development and demonstration activities (19) require the examination of the spectrum needs of projects that may have a large economic or investment potential, in particular for small and medium-sized enterprises (SMEs), e.g. cognitive radio or e-health. Adequate protection against harmful interference should also be ensured to sustain R&D and scientific activities. [Am. 27]

| (28) | The Europe 2020 Strategy sets environmental objectives for a sustainable, resource efficient and competitive economy, for example by improving resource efficiency by 20 %. The information and communication technology (ICT) sector has a key role to play as stressed in the Digital Agenda for Europe. Proposed actions include acceleration of the Union-wide deployment of intelligent energy management systems (smart grids and smart metering) using communication capabilities to reduce energy consumption, and the development of Intelligent Transport Systems and intelligent traffic management to reduce carbon dioxide emissions by the transport sector. Efficient use of spectrum technologies could also help reduce energy consumption by radio equipment and limit the environmental impact in rural and remote areas. |
| --- | --- |

(28)

The Europe 2020 Strategy sets environmental objectives for a sustainable, resource efficient and competitive economy, for example by improving resource efficiency by 20 %. The information and communication technology (ICT) sector has a key role to play as stressed in the Digital Agenda for Europe. Proposed actions include acceleration of the Union-wide deployment of intelligent energy management systems (smart grids and smart metering) using communication capabilities to reduce energy consumption, and the development of Intelligent Transport Systems and intelligent traffic management to reduce carbon dioxide emissions by the transport sector. Efficient use of spectrum technologies could also help reduce energy consumption by radio equipment and limit the environmental impact in rural and remote areas.

| (29) | Protection of public health against electromagnetic fields is essential for citizens
  ' wellbeing
  and for a coherent approach to spectrum authorisation in the Union. Although protection of public health against electromagnetic fields is already covered under Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz)

   (20)

  , it is essential to
  attain a better understanding of the responses of living organisms to electromagnetic fields and to
  ensure constant monitoring of the ionising and non-ionising effects of spectrum use on health, including the real-life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types.
  While achieving appropriate public safety, Member States should ensure protective measures are technology and service neutral. [Am. 28] |
| --- | --- |

(29)

Protection of public health against electromagnetic fields is essential for citizens
  ' wellbeing
  and for a coherent approach to spectrum authorisation in the Union. Although protection of public health against electromagnetic fields is already covered under Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz)

   (20)

  , it is essential to
  attain a better understanding of the responses of living organisms to electromagnetic fields and to
  ensure constant monitoring of the ionising and non-ionising effects of spectrum use on health, including the real-life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types.
  While achieving appropriate public safety, Member States should ensure protective measures are technology and service neutral. [Am. 28]

| (30) | Essential public interest objectives, such as safety of life, call for coordinated technical solutions for the interworking of safety and emergency services between Member States. Sufficient spectrum should be made available
  in
  a
  coordinated pan-European block of radio spectrum
  for the development and free circulation of safety services and devices and innovative pan-European or interoperable safety and emergency solutions. Studies have already shown the need for additional harmonised spectrum below 1 GHz to deliver mobile broadband services for PPDR, across the Union in the next 5 to 10 years.
  Any additional harmonised allocation of spectrum for PPDR below 1 GHz should also include a review of potential to free up or share other PPDR-held spectrum. [Am. 29] |
| --- | --- |

(30)

Essential public interest objectives, such as safety of life, call for coordinated technical solutions for the interworking of safety and emergency services between Member States. Sufficient spectrum should be made available
  in
  a
  coordinated pan-European block of radio spectrum
  for the development and free circulation of safety services and devices and innovative pan-European or interoperable safety and emergency solutions. Studies have already shown the need for additional harmonised spectrum below 1 GHz to deliver mobile broadband services for PPDR, across the Union in the next 5 to 10 years.
  Any additional harmonised allocation of spectrum for PPDR below 1 GHz should also include a review of potential to free up or share other PPDR-held spectrum. [Am. 29]

| (31) | Spectrum regulation has strong cross-border and international dimensions, due to propagation characteristics, the international nature of markets dependent on radio-based services, and the need to avoid harmful interference between countries. Moreover, the references to international agreements in Directives 2002/21/EC and 2002/20/EC as amended by Directive 2009/140/EC means that Member States are not to enter into international obligations that prevent or constrain the fulfilment of their Union obligations. Member States should, in accordance with the case-law, undertake all necessary efforts to enable appropriate representation of the Union in matters under its competence in international bodies in charge of spectrum coordination. Moreover, where Union policy or competence is at stake, the Union should politically drive the preparation of negotiations and
  ensure the Union speaks with one voice
  in multilateral negotiations
  to create global synergies and economies of scale in the use of spectrum
  , including in the International Telecommunications Union that corresponds to its level of responsibility for spectrum matters under Union law. [Am. 30] |
| --- | --- |

(31)

Spectrum regulation has strong cross-border and international dimensions, due to propagation characteristics, the international nature of markets dependent on radio-based services, and the need to avoid harmful interference between countries. Moreover, the references to international agreements in Directives 2002/21/EC and 2002/20/EC as amended by Directive 2009/140/EC means that Member States are not to enter into international obligations that prevent or constrain the fulfilment of their Union obligations. Member States should, in accordance with the case-law, undertake all necessary efforts to enable appropriate representation of the Union in matters under its competence in international bodies in charge of spectrum coordination. Moreover, where Union policy or competence is at stake, the Union should politically drive the preparation of negotiations and
  ensure the Union speaks with one voice
  in multilateral negotiations
  to create global synergies and economies of scale in the use of spectrum
  , including in the International Telecommunications Union that corresponds to its level of responsibility for spectrum matters under Union law. [Am. 30]

| (32) | In order to evolve from current practice and building on the principles defined in the Council Conclusions of 3 February 1992 on procedures to be followed at the World Administrative Radio Conference of 1992, and where the WRC and other multilateral negotiations touch upon principles and policy issues with an important Union dimension, the Union should be able to establish new procedures to defend its interests in multilateral negotiations, in addition to the long-term objective of becoming a member of the International Telecommunications Union alongside the Member States; to this end, the Commission, taking into account the opinion of the Radio Spectrum Policy Group (RSPG), may also propose common policy objectives to the European Parliament and the Council, as set out in Directive 2002/21/EC. |
| --- | --- |

(32)

In order to evolve from current practice and building on the principles defined in the Council Conclusions of 3 February 1992 on procedures to be followed at the World Administrative Radio Conference of 1992, and where the WRC and other multilateral negotiations touch upon principles and policy issues with an important Union dimension, the Union should be able to establish new procedures to defend its interests in multilateral negotiations, in addition to the long-term objective of becoming a member of the International Telecommunications Union alongside the Member States; to this end, the Commission, taking into account the opinion of the Radio Spectrum Policy Group (RSPG), may also propose common policy objectives to the European Parliament and the Council, as set out in Directive 2002/21/EC.

| (33) | In order to avoid the growing pressure on frequency band reserved for satellite navigation and satellite communication, that bandwidth must be secured in the new planning of spectrum use.
  The 2012 WRC includes specific issues of Union relevance such as the digital dividend, scientific and meteorological services, sustainable development and climate change, satellite communications and the use of spectrum for Galileo (established by Council Regulation (EC) No 876/2002 of 21 May 2002 setting up the Galileo Joint Undertaking (21) and Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radio-navigation programmes (22)), as well as the European Earth monitoring programme (‘GMES’) (23) for the improved use of Earth observation data. [Am. 31] |
| --- | --- |

(33)

In order to avoid the growing pressure on frequency band reserved for satellite navigation and satellite communication, that bandwidth must be secured in the new planning of spectrum use.
  The 2012 WRC includes specific issues of Union relevance such as the digital dividend, scientific and meteorological services, sustainable development and climate change, satellite communications and the use of spectrum for Galileo (established by Council Regulation (EC) No 876/2002 of 21 May 2002 setting up the Galileo Joint Undertaking (21) and Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radio-navigation programmes (22)), as well as the European Earth monitoring programme (‘GMES’) (23) for the improved use of Earth observation data. [Am. 31]

| (34) | Member States
  should continue bilateral negotiations with neighbouring third countries, including candidate and potential candidate countries, to meet their Union obligations on frequency coordination issues and to try to find agreements which can set a positive precedent for other Member States. The Union should assist Member States with technical and political support in their bilateral and multilateral
  negotiations with
  third countries, in particular
  neighbouring countries ▐ including
  candidate and potential candidate countries. This should also help avoid harmful interference and improve spectrum efficiency and spectrum use convergence even beyond Union borders. Action is particularly pressing in the 800 MHz and 3,4-3,8 GHz bands for the transition to cellular broadband technologies and for the harmonisation of spectrum necessary for the modernisation of air traffic control. [Am. 32] |
| --- | --- |

(34)

Member States
  should continue bilateral negotiations with neighbouring third countries, including candidate and potential candidate countries, to meet their Union obligations on frequency coordination issues and to try to find agreements which can set a positive precedent for other Member States. The Union should assist Member States with technical and political support in their bilateral and multilateral
  negotiations with
  third countries, in particular
  neighbouring countries ▐ including
  candidate and potential candidate countries. This should also help avoid harmful interference and improve spectrum efficiency and spectrum use convergence even beyond Union borders. Action is particularly pressing in the 800 MHz and 3,4-3,8 GHz bands for the transition to cellular broadband technologies and for the harmonisation of spectrum necessary for the modernisation of air traffic control. [Am. 32]

| (35) | In order to realise the objectives of this programme it is important to develop an appropriate institutional framework for the co-ordination of spectrum management and regulation at Union level, while taking full account of the competence and expertise of national administrations. Such a framework can also assist in putting spectrum co-ordination between Member States in the context of the internal market. Cooperation and coordination are also essential between standardisation bodies, research institutions and the CEPT. |
| --- | --- |

(35)

In order to realise the objectives of this programme it is important to develop an appropriate institutional framework for the co-ordination of spectrum management and regulation at Union level, while taking full account of the competence and expertise of national administrations. Such a framework can also assist in putting spectrum co-ordination between Member States in the context of the internal market. Cooperation and coordination are also essential between standardisation bodies, research institutions and the CEPT.

| (36) | The Commission should report
  annually
  to the European Parliament and the Council on the results achieved under this Decision, as well as on planned future actions. [Am. 33] |
| --- | --- |

(36)

The Commission should report
  annually
  to the European Parliament and the Council on the results achieved under this Decision, as well as on planned future actions. [Am. 33]

| (37) | In drawing up its proposal the Commission has taken utmost account of the opinion of the RSPG. |
| --- | --- |

(37)

In drawing up its proposal the Commission has taken utmost account of the opinion of the RSPG.

| (38) | This Decision is without prejudice to the protection afforded to market players by Directive 2009/140/EC, [Am. 34] |
| --- | --- |

(38)

This Decision is without prejudice to the protection afforded to market players by Directive 2009/140/EC, [Am. 34]

HAVE ADOPTED THIS DECISION:

Article 1

Aim
  and scope

1.
     This Decision establishes a
  multi-annual
  radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

2.
     
  This Decision covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research, development and innovation, transport, energy and audiovisual policy.

3.
     
  This Decision is in accordance with existing Union law, in particular Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 1999/5/EC, as well as Decision No 676/2002/EC, and also with measures taken at national level in compliance with Union law and with specific international agreements, taking into account the ITU Radio Regulations;

4.
     
  This Decision is without prejudice to measures taken at national level in full compliance with Union law, which pursue general interest objectives, in particular those relating to content regulation and audiovisual policy. [Am. 35]

Article 2

General
  regulatory principles

1.
     Member States shall cooperate with each other and with the Commission in a transparent manner, in order to ensure the consistent application of the following general regulatory principles across the Union:

| (a) | encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies
  , reflecting the important social, cultural and economic value of spectrum
  ;
  ▐ |
| --- | --- |

(a)

encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies
  , reflecting the important social, cultural and economic value of spectrum
  ;

▐

| (b) | applying the
  most appropriate, non-discriminatory and
  least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage; |
| --- | --- |

(b)

applying the
  most appropriate, non-discriminatory and
  least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

| (c) | guaranteeing the
  development
  of the internal market
  and digital services
  by ensuring effective competition
  , a pan-European level playing field and by promoting the emergence of future pan-European services
  ; |
| --- | --- |

(c)

guaranteeing the
  development
  of the internal market
  and digital services
  by ensuring effective competition
  , a pan-European level playing field and by promoting the emergence of future pan-European services
  ;

| (d) | promoting innovation; |
| --- | --- |

(d)

promoting innovation;

| (e) | taking full account of the relevant Union law on effects on human health of electromagnetic field emissions when defining the technical conditions of the use of spectrum; |
| --- | --- |

(e)

taking full account of the relevant Union law on effects on human health of electromagnetic field emissions when defining the technical conditions of the use of spectrum;

| (f) | promoting technology and service neutrality in the use of spectrum. [Am. 36] |
| --- | --- |

(f)

promoting technology and service neutrality in the use of spectrum. [Am. 36]

2.
     
  For electronic communications, the following specific principles apply, in accordance with Articles 8a, 9 and 9b of Directive 2002/21/EC and with Decision No 676/2002/EC:

| (a) | applying technology and service neutrality in the use of spectrum for electronic communications networks and services and the transfer or lease of individual rights to use radio frequencies; |
| --- | --- |

(a)

applying technology and service neutrality in the use of spectrum for electronic communications networks and services and the transfer or lease of individual rights to use radio frequencies;

| (b) | promoting the harmonisation of
  use
  of radio frequencies across the Union, in a way that is consistent with the need to ensure effective and efficient use of those frequencies; |
| --- | --- |

(b)

promoting the harmonisation of
  use
  of radio frequencies across the Union, in a way that is consistent with the need to ensure effective and efficient use of those frequencies;

| (c) | facilitating increased mobile data traffic and broadband services, in particular by fostering flexibility, and promoting innovation, taking account of the need to avoid harmful interference and ensure the technical quality of service
  ; |
| --- | --- |

(c)

facilitating increased mobile data traffic and broadband services, in particular by fostering flexibility, and promoting innovation, taking account of the need to avoid harmful interference and ensure the technical quality of service
  ;

| (d) | maintaining and developing effective competition by preventing, through ex ante or ex post measures, the excessive accumulation of radio frequencies which results in significant harm to competition. [Am. 37] |
| --- | --- |

(d)

maintaining and developing effective competition by preventing, through ex ante or ex post measures, the excessive accumulation of radio frequencies which results in significant harm to competition. [Am. 37]

Article 3

Policy objectives

In order to focus on the priorities of this first programme, Member States and the Commission shall cooperate in order to support and implement the following policy objectives:

| (a) | allocate sufficient
  and
  appropriate spectrum
  for mobile data traffic amounting to at least 1 200 MHz by 2015, unless specified otherwise in the Radio Spectrum Policy Programme, in order
  to support Union policy objectives
  and to best meet the increasing demand for mobile data traffic, thereby allowing the development of commercial and public services, while taking into account important general interest objectives such as cultural diversity and media pluralism
  ; [Am. 38] |
| --- | --- |

(a)

allocate sufficient
  and
  appropriate spectrum
  for mobile data traffic amounting to at least 1 200 MHz by 2015, unless specified otherwise in the Radio Spectrum Policy Programme, in order
  to support Union policy objectives
  and to best meet the increasing demand for mobile data traffic, thereby allowing the development of commercial and public services, while taking into account important general interest objectives such as cultural diversity and media pluralism
  ; [Am. 38]

| (b) | bridge the digital divide and realise the objectives of the Digital Agenda for Europe, ensuring that all Union citizens have access to broadband at a speed of not less than 30 Mbps by 2020 and making it possible for the Union to have the highest possible broadband speed and capacity; [Am. 39] |
| --- | --- |

(b)

bridge the digital divide and realise the objectives of the Digital Agenda for Europe, ensuring that all Union citizens have access to broadband at a speed of not less than 30 Mbps by 2020 and making it possible for the Union to have the highest possible broadband speed and capacity; [Am. 39]

| (c) | enable the Union to take the lead in wireless electronic communication broadband services by freeing up sufficient additional spectrum in the most cost-efficient bands for these services to be widely available; [Am. 40] |
| --- | --- |

(c)

enable the Union to take the lead in wireless electronic communication broadband services by freeing up sufficient additional spectrum in the most cost-efficient bands for these services to be widely available; [Am. 40]

| (d) | secure opportunities for both the commercial sector as well as public services by means of increased mobile broadband capacities; [Am. 41] |
| --- | --- |

(d)

secure opportunities for both the commercial sector as well as public services by means of increased mobile broadband capacities; [Am. 41]

| (e) | maximise flexibility in the use of spectrum in order to promote innovation and investment, through
  a consistent
  application
  across the Union
  of the principles of technology and service neutrality
  so as to ensure a pan-European level playing field between the technological solutions that may be adopted and through adequate regulatory predictability

  , through the freeing
  up
  of
  harmonised
  spectrum to new
  advanced technologies
  , and through the possibility of trading spectrum rights, thereby creating opportunities for future pan-European services to be developed
  ; [Am. 42] |
| --- | --- |

(e)

maximise flexibility in the use of spectrum in order to promote innovation and investment, through
  a consistent
  application
  across the Union
  of the principles of technology and service neutrality
  so as to ensure a pan-European level playing field between the technological solutions that may be adopted and through adequate regulatory predictability

  , through the freeing
  up
  of
  harmonised
  spectrum to new
  advanced technologies
  , and through the possibility of trading spectrum rights, thereby creating opportunities for future pan-European services to be developed
  ; [Am. 42]

| (f) | enhance the efficient use of spectrum by harnessing the benefits of general authorisations and increasing the use of such types of authorisation; |
| --- | --- |

(f)

enhance the efficient use of spectrum by harnessing the benefits of general authorisations and increasing the use of such types of authorisation;

| (g) | encourage passive infrastructure sharing where this would be proportionate and non-discriminatory, as envisaged in Article 12 of Directive 2002/21/EC; [Am. 43] |
| --- | --- |

(g)

encourage passive infrastructure sharing where this would be proportionate and non-discriminatory, as envisaged in Article 12 of Directive 2002/21/EC; [Am. 43]

| (h) | maintain and develop effective competition, in particular in electronic communication services, by preventing ex ante, or remedying ex post, excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition
  by means of withdrawal of frequency rights or other measures, or by assigning frequencies in ways that correct market distortions
  ; [Am. 44] |
| --- | --- |

(h)

maintain and develop effective competition, in particular in electronic communication services, by preventing ex ante, or remedying ex post, excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition
  by means of withdrawal of frequency rights or other measures, or by assigning frequencies in ways that correct market distortions
  ; [Am. 44]

| (i) | reduce the fragmentation
  and fully exploit the potential
  of the internal market
  in order to establish a pan-European level playing field in order to foster economic growth and economies of scope and scale at Union level
  by enhancing coordination and harmonisation, as appropriate, of technical conditions for the use and availability of spectrum ▐; [Am. 45] |
| --- | --- |

(i)

reduce the fragmentation
  and fully exploit the potential
  of the internal market
  in order to establish a pan-European level playing field in order to foster economic growth and economies of scope and scale at Union level
  by enhancing coordination and harmonisation, as appropriate, of technical conditions for the use and availability of spectrum ▐; [Am. 45]

| (j) | avoid harmful interference or disturbance by other radio or non-radio devices by facilitating the development of standards allowing for flexible and efficient use of spectrum, and increasing immunity of receivers to interference, taking particular account of the cumulative impact of the increasing volumes and density of radio devices and applications; |
| --- | --- |

(j)

avoid harmful interference or disturbance by other radio or non-radio devices by facilitating the development of standards allowing for flexible and efficient use of spectrum, and increasing immunity of receivers to interference, taking particular account of the cumulative impact of the increasing volumes and density of radio devices and applications;

| (k) | in defining the technical conditions for the allocation of spectrum, take full account of the results of research certified by the relevant international organisations into the potential effects on human health of electromagnetic field emissions
  and apply them in a way that is technology and service neutral; [Am. 46] |
| --- | --- |

(k)

in defining the technical conditions for the allocation of spectrum, take full account of the results of research certified by the relevant international organisations into the potential effects on human health of electromagnetic field emissions
  and apply them in a way that is technology and service neutral; [Am. 46]

| (l) | ensure the accessibility of new consumer products and technologies so as to secure consumer endorsement for the transition to digital technology and efficient use of the digital dividend; [Am. 47] |
| --- | --- |

(l)

ensure the accessibility of new consumer products and technologies so as to secure consumer endorsement for the transition to digital technology and efficient use of the digital dividend; [Am. 47]

| (m) | reduce the Union's carbon footprint by enhancing the technical efficiency of wireless communication networks and applications. [Am. 48] |
| --- | --- |

(m)

reduce the Union's carbon footprint by enhancing the technical efficiency of wireless communication networks and applications. [Am. 48]

Article 4

Enhanced efficiency and flexibility

1.   Member States shall adopt by 1 January 2013 authorisation and allocation measures
  that are similar to each other and
  appropriate for the development of broadband services, in conformity with Directive 2002/20/EC, such as allowing relevant operators, where possible and on the basis of consultations in accordance with Article 12, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz
  , thereby allowing the highest possible capacity and broadband speeds to be achieved, as well as making effective competition possible
  . [Am. 49]

2.   Member States shall foster, in cooperation with the Commission, the collective use of spectrum as well as shared
  and unlicensed
  use of spectrum.
  They shall also foster the development of current and new technologies such as geolocation databases and cognitive radio, for example, in ‘white spaces’ following proper impact assessments
  .
  Those impact assessments shall be undertaken within twelve months of the entry into force of this Decision. [Am. 90]

3.   Member States and the Commission shall cooperate to develop and harmonise standards for radio equipment and telecommunications terminals as well as for electric and electronic equipment and networks based where necessary upon standardisation mandates from the Commission to the relevant standardisation bodies.
  Special attention shall also be given to standards for equipment to be used by disabled people, without, however, depriving them of the right to use non-standardised equipment if that is their preference. Efficient coordination of spectrum harmonisation and standardisation will be particularly important in this regard so that consumers can use appliances that depend on radio spectrum without restriction and throughout the internal market. [Am. 51]

4.
     
  Member States shall intensify R&D activities on new technologies such as cognitive technologies as their development could represent an added-value in the future in terms of efficiency of spectrum use. [Am. 52]

5.   Member States shall ensure that selection conditions and procedures promote
  competition and a pan-European level playing field,
  investment and efficient use of spectrum
  as a public good, as well as co-existence between new and existing services and devices
  .
  In addition, Member States shall promote the ongoing efficient use of spectrum for both networks and user applications. [Am. 53]

6.   In order to avoid possible fragmentation of the internal market due to divergent selection conditions and procedures for harmonised spectrum bands allocated to electronic communication services and made tradable in all Member States pursuant to Article 9b of Directive 2002/21/EC, the Commission, in cooperation with Member States
  and in accordance with the principle of subsidiarity
  , shall
  identify best practices and encourage sharing of information for such bands and
  develop guidelines on authorisation conditions and procedures for such bands,
  for example
  on infrastructure sharing and coverage conditions
  , to ensure a pan-European level playing field, achieved through the principles of technology and service neutrality
  . [Am. 54]

7.   ▐ In order to ensure the effective use of spectrum rights and avoid spectrum hoarding, Member States shall
  , where necessary,
  take appropriate measures including financial penalties,
  the use of incentive fees tools and
  the withdrawal of rights. [Am. 55]

8.
     
  The measures that Member States are to adopt pursuant to paragraph 1 shall be taken in addition to the freeing up of the 900 MHz band in the near future, in line with the ‘GSM Directive’ and in such a manner as to promote competition. Such measures shall be taken in a non-discriminatory manner and may not distort competition to the advantage of operators already dominant in the market. [Am. 56]

Article 5

Competition

1.   Member States shall maintain and promote effective competition and avoid distortions of competition in
  both
  the internal market
  and specific national markets
  . [Am. 57]

2.   In order to
  fully
  implement the obligations of paragraph 1, and in particular to ensure that competition is not distorted by any
  assignment,
  accumulation, transfer or modification of rights of use for radio frequencies, Member States
  shall, prior to a planned spectrum assignment, carefully examine whether the assignment is likely to distort or reduce competition in the mobile markets concerned, taking into account existing spectrum rights held by relevant market operators. If the spectrum assignment is likely to distort or reduce competition, Member States shall
  adopt the
  most appropriate measures to promote effective competition, and at least one of the
  following measures, which are without prejudice to the application of competition rules: [Am. 58]

| (a) | Member States may limit the amount of spectrum for which rights of use are granted to any ▐ operator or may attach conditions to such rights of use, such as the provision of wholesale access,
  national or regional roaming,
  in certain bands or in certain groups of bands with similar characteristics, for instance the bands below 1 GHz allocated to electronic communication services; [Am. 59] |
| --- | --- |

(a)

Member States may limit the amount of spectrum for which rights of use are granted to any ▐ operator or may attach conditions to such rights of use, such as the provision of wholesale access,
  national or regional roaming,
  in certain bands or in certain groups of bands with similar characteristics, for instance the bands below 1 GHz allocated to electronic communication services; [Am. 59]

| (b) | Member States may reserve a certain part of a spectrum band or group of bands for assignment to new entrants that have not previously been assigned any spectrum or that have been assigned considerably less spectrum, in order to ensure a level playing field between early entrants to the mobile market and new entrants by securing access to lower spectrum bands on equal terms; [Am. 60] |
| --- | --- |

(b)

Member States may reserve a certain part of a spectrum band or group of bands for assignment to new entrants that have not previously been assigned any spectrum or that have been assigned considerably less spectrum, in order to ensure a level playing field between early entrants to the mobile market and new entrants by securing access to lower spectrum bands on equal terms; [Am. 60]

| (c) | Member States may refuse to grant new rights of use or to allow new spectrum usages in certain bands, or may attach conditions to the grant of new rights of use or to the authorisation of new spectrum usages, where this would lead to an accumulation of spectrum frequencies by certain economic operators
  , and such accumulation
  is likely to result in significant harm to competition; [Am. 61] |
| --- | --- |

(c)

Member States may refuse to grant new rights of use or to allow new spectrum usages in certain bands, or may attach conditions to the grant of new rights of use or to the authorisation of new spectrum usages, where this would lead to an accumulation of spectrum frequencies by certain economic operators
  , and such accumulation
  is likely to result in significant harm to competition; [Am. 61]

| (d) | Member States may prohibit or impose conditions on transfers of spectrum usage rights, not subject to national or Union merger control, where this is likely to result in significant harm to competition; |
| --- | --- |

(d)

Member States may prohibit or impose conditions on transfers of spectrum usage rights, not subject to national or Union merger control, where this is likely to result in significant harm to competition;

| (e) | Member States may amend the existing rights in accordance with Article 14 of Directive 2002/20/EC where this is necessary to remedy ex-post excessive accumulation of spectrum frequencies within certain economic operators which
  is likely to distort
  competition. [Am. 62] |
| --- | --- |

(e)

Member States may amend the existing rights in accordance with Article 14 of Directive 2002/20/EC where this is necessary to remedy ex-post excessive accumulation of spectrum frequencies within certain economic operators which
  is likely to distort
  competition. [Am. 62]

3.
     
  Where Member States wish to adopt any such measures as are referred to in paragraph 2, they shall do so by imposing conditions in conformity with the procedures for the imposition or variation of such conditions on the rights to use spectrum laid down in Directive 2002/20/EC. [Am. 63]

4.   Member States shall ensure that authorisation and selection procedures avoid delays
  , are non-discriminatory
  and promote effective competition,
  by preventing any potential anti-competitive outcomes, for the benefit of Union citizens and consumers
  . [Am. 64]

Article 6

Spectrum for wireless broadband communications

1.   Without prejudice to the principles of service and technology neutrality, Member States, in cooperation with the Commission, shall take all steps necessary to ensure that sufficient
  harmonised
  spectrum for coverage and capacity purposes is allocated within the Union,
  enabling the Union to have the fastest broadband speed in the world,
  in order to ensure that wireless applications
  and European leadership in new services
  contribute effectively to
  economic growth,
  and to achieve the target for all citizens to have access to broadband
  speeds of not less than
  30 Mbps by 2020. [Am. 65]

2.   Member States shall, by 1 January 2012,
  make
  the
  bands
  designated by Decisions 2008/477/EC (2,5–2,69 GHz), 2008/411/EC (3,4–3,8 GHz) and 2009/766/EC (900/1 800 MHz)
  available, in order
  to
  promote wider availability of
  wireless broadband services
  for the benefit of Union citizens and consumers, without prejudice to the existing and future deployment of other services that have equal access to this spectrum under the conditions specified in those Commission Decisions
  . [Am. 66]

3.
     
  Member States shall promote the ongoing upgrade by providers of electronic communications of their networks to the latest, most efficient technology, in order to create their own dividends. [Am. 67]

4.   Member States shall, by 1 January 2013, make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC.
  In exceptional cases duly justified for technical and historical reasons, the Commission may authorise specific derogations until
  the end of
  2015
  in response to a duly motivated application from the Member State concerned
  .
  If cross-border frequency coordination problems with one or more third countries further prevent the availability of the band, the Commission may authorise exceptional annual derogations until such obstacles are removed.
  In accordance with Article 9 of Directive 2002/21/EC, the Commission, in cooperation with the Member States, shall keep under review the use of the spectrum below 1 GHz and assess whether additional spectrum could be freed up and made available ▐. [Am. 68]

5.
     
  The Commission is invited to take action, in cooperation with Member States, at the appropriate levels to achieve further harmonisation and a more efficient use of the 1,5 GHz band and the 2,3 GHz band for wireless broadband services.

The Commission shall continuously monitor the capacity requirements for wireless broadband services and, in cooperation with Member States, asses, no later than 1 January 2015, the need for action to harmonise additional spectrum bands, such as the 700 MHz band. This assessment shall take into account the evolution of spectrum technologies, market experiences with new services, the possible future needs of terrestrial radio and television broadcasting and the lack of spectrum in other bands adequate for wireless broadband coverage.

Member States may ensure that, where appropriate, the direct cost of migration or reallocation of spectrum usage is adequately compensated in accordance with national law. [Am. 69]

6.   
  The Commission
  , in cooperation with
  Member States,
  shall ensure that the provision of access to broadband ▐ services using the 800 MHz band is encouraged in sparsely populated areas,
  for example
  through coverage obligations
  achieved in accordance with the principles of technology and service neutrality
  .

Member States, in cooperation with the Commission,
  shall examine ways and, where
  appropriate
  , take
  technical and regulatory
  measures to ensure that the freeing up of the 800 MHz band does not adversely affect programme making and special events (PMSE) users. [Am. 70]

7.
     
  The Commission shall, in cooperation with Member States, assess the feasibility of extending the allocations of unlicensed spectrum for wireless access systems including radio local area networks established by Decision 2005/513/EC to the entire 5 GHz band.

The Commission is invited to pursue the adopted harmonisation agenda at the relevant international fora, notably the ITU World Radiocommunication Conferences. [Am. 71]

8.   The Commission is invited to adopt, as a priority, appropriate measures, pursuant to Article 9b(3) of the Directive 2002/21/EC, to ensure that Member States allow trading within the Union of spectrum usage rights in the harmonised bands 790–862 MHz, 880–915 MHz, 925–960 MHz, 1 710–1 785 MHz, 1 805–1 880 MHz, 1 900–1 980 MHz, 2 010–2 025 MHz, 2 110–2 170 MHz, 2,5–2,69 GHz, and 3,4–3,8 GHz
  and in other additional parts of the spectrum freed up for mobile services, without prejudice to the existing and future deployment of other services that have equal access to this spectrum under the conditions specified in the Commission decisions adopted pursuant to Decision No 676/2002/EC
  . [Am. 72]

9.   
  In order to ensure that all citizens have access to advanced digital services including broadband
  ,
  in particular in remote and sparsely populated areas, Member States and
  the Commission
  may explore whether sufficient
  spectrum is available ▐ for the provision of
  broadband
  satellite services ▐ enabling internet access ▐. [Am. 73]

10.
     
  Member States shall, in cooperation with the Commission, examine the possibility of spreading the availability and use of picocells and femtocells. They shall take full account of the potential of those cellular base stations and of shared and unlicensed use of spectrum to provide the basis for wireless mesh networks, which can play a key role in bridging the digital divide. [Am. 92]

Article 7

Spectrum needs for other wireless communication policies

In order to support the further development of innovative audiovisual media and other services to Union citizens, taking into account the economic and social benefits of a digital single market, Member States shall, in cooperation with the Commission, ensure sufficient spectrum availability for satellite and terrestrial provision of such services. [Am. 75]

Article 8

Spectrum needs for
  other
  specific Union policies [Am. 76]

1.   Member States and the Commission shall ensure spectrum availability and protect the radio frequencies necessary for monitoring the Earth's atmosphere and surface, allowing the development and exploitation of space applications and improving transport systems, in particular for the global civil navigation satellite system Galileo, for the Global Monitoring for Environment and Security programme GMES, and for intelligent transport safety and transport management systems.

2.   In cooperation with the Member States, the Commission shall conduct studies and examine the possibility to design authorisation schemes which would contribute to a low-carbon policy, by saving energy in the use of spectrum as well as by making spectrum available for wireless technologies with a potential for improving energy
  savings and efficiency of other distribution networks such as water supply
  , including smart energy grids and smart metering systems. [Am. 77]

3.   
  The
  Commission shall ensure that sufficient spectrum is made available under harmonised conditions
  and in harmonised bands for public protection and disaster relief (PPDR) and to take actions
  to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for
  PPDR. To ensure the efficient use of spectrum, the Commission shall examine the possibility of PPDR using military frequencies. [Am. 78]

4.   Member States and the Commission shall review the spectrum needs of, and collaborate with, the scientific
  and academic
  community, identify a number of research and development initiatives and innovative applications that may have a major socio-economic impact and/or potential for investment, and prepare for the allocation of sufficient spectrum to such applications under harmonised technical conditions and the least onerous administrative burden. [Am. 79]

5.
     
  Member States shall, in cooperation with the Commission, seek to find a minimum set of harmonised core bands for PMSE in the Union, according to the Union's objectives to improve the integration of the internal market and access to culture. These harmonised bands shall be of the frequency 1 GHz or higher. [Am. 80]

6.
     
  Member States and the Commission shall ensure spectrum availability for RFID (radio-frequency identification) and other IOT (Internet of Things) wireless communication technologies and shall work towards standardisation of spectrum allocation for IOT communication across Member States. [Am. 81]

Article 9

Inventory and monitoring of existing uses of and emerging needs for spectrum

1.   The Commission
  shall create an inventory of the entire existing radio spectrum use, for which purpose Member States
  shall provide all
  necessary factual data.

The information provided by the Member States shall be sufficiently detailed to allow for the inventory to assess the efficiency of the spectrum use as well as identify
  possible future
  opportunities
  for spectrum
  harmonisation in order to support Union policies.

As an initial step, the inventory shall include frequencies
  in the range from 300 MHz to
  6 GHz, to be followed by frequencies from 6 GHz up to 70 GHz.

If necessary, the Member States shall supply information on a licence-specific basis both including commercial and public sector users without prejudice to the withholding of business-sensitive and confidential information. [Am. 82]

2.   The inventory referred to in paragraph 1 shall
  , on the basis of clearly defined and transparent criteria and methods,
  allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications, unused or inefficiently used spectrum and spectrum sharing opportunities
  , based on transparent, clear and jointly defined assessment criteria and methodologies
  .
  It shall also ensure that, where spectrum use is not optimal, the necessary measures are taken in order to maximise efficiency.
  It shall take account of future needs
  , including long-term needs,
  for spectrum based on the demands of consumers
  , communities, businesses
  and operators, and of the possibility to meet such needs. [Am. 83]

3.   The inventory referred to in paragraph 1 shall review the various types of spectrum usage by both private and public users, and help identify spectrum bands that could be assigned or re-allocated in order to increase their efficient use, promote innovation and enhance competition in the internal market, to the benefit of both private and public users, while taking into account the potential positive and negative impact on existing users of such bands.

4.
     
  The inventory shall also include a report of the measures taken by the Member States in order to implement decisions at Union level regarding the harmonisation and use of the specific frequency bands. [Am. 84]

Article 10

International negotiations

1.   The Union shall participate in international negotiations relating to spectrum matters to defend its interests
  and to ensure the Union has a single position
  , acting in accordance with Union law concerning, among other things, the principles of internal and external competences of the Union. [Am. 85]

2.   Member States shall ensure that international agreements to which they are a party in the context of the ITU are in conformity with existing Union legislation, and in particular with the relevant rules and principles of the Union regulatory framework on electronic communications.

3.   Member States shall ensure that international regulations allow the full use of frequency bands for the purposes for which they are designated under Union law, and that a sufficient amount of appropriately protected spectrum is available for
  the implementation of
  Union sectoral policies. [Am. 86]

4.   
  In order to resolve spectrum coordination issues that would otherwise prevent Member States from implementing their obligations under Union law regarding spectrum policy and management, the
  Union shall
  assist Member States with
  political and technical support ▐ in their bilateral
  and multilateral
  negotiations with
  third countries, in particular
  neighbouring third countries including candidate and potential candidate countries ▐. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives. [Am. 87]

5.   When negotiating with third countries, Member States shall be bound by their obligations under Union law. When signing or otherwise accepting any international obligations regarding spectrum, Member States shall accompany their signature or any other act of acceptance by a joint declaration stating that they shall implement such international agreements or commitments in accordance with their obligations under the treaties.

Article 11

Cooperation among various bodies

1.   The Commission and the Member States shall cooperate to enhance the current institutional setting, in order to foster co-ordination at Union level of the management of spectrum, including in matters directly affecting two or more Member States, with a view to developing the internal market and ensuring that Union spectrum policy objectives are fully achieved. They shall seek to promote Union spectrum interests outside the Union in accordance with Article 10.

2.   The Commission and Member States shall ensure that standardisation bodies, CEPT and the Commission's Joint Research Centre closely cooperate in any technical issue whenever necessary to ensure the efficient use of spectrum. To this end, they shall maintain a coherent link between spectrum management and standardisation in such a way as to enhance the internal market.

Article 12

Public consultation

Wherever appropriate, the Commission shall organise public consultations to collect the views of all interested parties as well as the views of the public in general on the use of spectrum in the Union.

Article 13

Reporting

By 31 December 2015, the Commission shall conduct a review of the application of this radio spectrum policy programme
  . The Commission shall
  report
  annually
  to the European Parliament and the Council on the activities developed and the measures adopted pursuant to this Decision. [Am. 88]

Article 14

Notification

Member States shall apply these policy orientations and objectives by 1 July 2015 unless otherwise specified in the preceding articles.

They shall provide the Commission with all information necessary for the purpose reviewing the application of this Decision.

Article 15

Entry into force

This Decision shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

Done at

For the European Parliament

The President

For the Council

The President

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(1)  OJ C 107, 6.4.2011, p. 53.

1

(2)  Position of the European Parliament of 11 May 2011.

2

(3)  OJ L 108, 24.4.2002, p. 33.

3

(4)  

  OJ L 91, 7.4.1999, p. 10.

4

OJ L 91, 7.4.1999, p. 10.

(5)  

  OJ L 108, 24.4.2002, p. 7.

5

OJ L 108, 24.4.2002, p. 7.

(6)  

  OJ L 108, 24.4.2002, p. 21.

6

OJ L 108, 24.4.2002, p. 21.

(7)  

  OJ L 337, 18.12.2009, p. 37.

7

OJ L 337, 18.12.2009, p. 37.

(8)  

  OJ L 108, 24.4.2002, p. 1.

8

OJ L 108, 24.4.2002, p. 1.

(9)  COM(2010)0245.

9

(10)  

  OJ L 196, 17.7.1987, p. 85.

10

OJ L 196, 17.7.1987, p. 85.

(11)  OJ L 129, 17.5.2007, p. 67.

11

(12)  Commission Decision 2008/477/EC of 13 June 2008 on the harmonisation of the 2 500-2 690 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community (OJ L 163, 24.6.2008, p. 37).

12

(13)  Commission Decision 2008/411/EC of 21 May 2008 on the harmonisation of the 3 400-3 800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community (OJ L 144, 4.6.2008, p. 77).

13

(14)  Commission Decision 2009/766/EC of 16 October 2009 on the harmonisation of the 900 MHz and 1 800 MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community (OJ L 274, 20.10.2009, p. 32).

14

(15)  

  OJ L 274, 20.10.2009, p. 25.

15

OJ L 274, 20.10.2009, p. 25.

(16)  

  OJ L 117, 11.5.2010, p. 95.

16

OJ L 117, 11.5.2010, p. 95.

(17)  

  OJ L 308, 24.11.2009, p. 24.

17

OJ L 308, 24.11.2009, p. 24.

(18)  
  Commission Decision 2005/513/EC of 11 July 2005 on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of wireless access systems including radio local area networks (WAS/RLANs) (OJ L 187, 19.7.2005, p. 22).

18

Commission Decision 2005/513/EC of 11 July 2005 on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of wireless access systems including radio local area networks (WAS/RLANs) (OJ L 187, 19.7.2005, p. 22).

(19)  Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 412, 30.12.2006, p. 1).

19

(20)  

  OJ L 199, 30.7.1999, p. 59.

20

OJ L 199, 30.7.1999, p. 59.

(21)  OJ L 138, 28.5.2002, p. 1.

21

(22)  OJ L 246, 20.7.2004, p. 1.

22

(23)  OJ L 276, 20.10.2010, p. 1.

23

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